A.—l

19

The Premier further claimed the right to fill vacancies in the Upper Chamber; but, as there are no seats in the Council such as there are in the Lower House, as gentlemen are only called to the Council when necessary, and as their death or resignation merely affects the strength of an unlimited body, the Governor was unable to concur in this view either. No limit has been fixed to the Council, therefore there can be no vacancies; and the Governor takes this opportunity of repeating his conviction that until some such limit is fixed there will be recurrences of similar differences of opinion between the Governor and his Ministers. The Ministerial right of advising appointments is incontestable. What is denied under present circumstances is the right of filling vacancies. In the memorandum under reply the Premier twice draws inferences to which he is not entitled. In paragraph 9he concludes that the Governor thinks the Ministry should consult the Opposition in filling vacancies: reference to the Governor's memorandum will show that such is not the case. In paragraph 22 he infers that in 1892 a temporary arrangement was made that vacancies might be filled as they occur : as a matter of fact no such arrangement was ever made or thought of. The Governor sees no reason for following the Premier into any of the questions he has raised. But with reference to paragraphs 17 and 18, in which he remarks on the Governor's allusions to improvements made by the Council in Bills sent up from the Lower House, the Governor explains he had in his mind the important amendments made in the Land for Settlements Bill. If what is stated is any reflection on his Ministers or the House of Eepresentatives, then any improvements made by the Council on a measure which has passed the Lower House must constitute a breach of privilege. The weakness of the Premier's case becomes more manifest than before when he attempts to prove that the Council needs reinforcement from the fact that only a small portion of the Council was present at the opening of Parliament. It is notorious that the Council has little employment until far on in the session, and that it had to adjourn last session for want of business to attend to. Such criticisms on an independent Legislative Chamber are unusual, and can only be accounted for by the Premier's anxiety to find some reason for making appointments. The Governor need not notice the Premier's account of the abortive attempts to limit the number of Councillors, nor the arguments founded on the state of the division-lists. They merely show what he fully admits, the irregular attendance of certain infirm Councillors ; but they do not prove any difficulty of obtaining sufficient attendance to carry on the work of the Council, nor that it is not efficiently done. The Governor does not deny that the Government is in a minority in the Council; but he asserts that the Council is of sufficient strength, and he does decidedly question the statement that the relative position of the Government in the Council has been at all weakened by the deaths, resignations, and absences which have taken place. He must also point out that in asserting that the Council gives scant consideration to Government measures the Premier is not putting that favourable construction on the action of an independent branch of the Legislature which it has a right to expect, and thus he infringes its rights and privileges. The Premier desires that the matter in dispute may be referred to the Secretary of State for the Colonies. The Governor holds the same opinion which he did in 1892, that such references on matters of local and not Imperial interest are inadvisable. On this occasion he will, if desired, forward the correspondence for the consideration of the Secretary of State, but it will have to be the whole correspondence on the subject since 1892; and the Governor will inform the Secretary of State that he does not concur in the present reference, for he does not see that he possesses any data which could enable him to come to a conclusion. The Governor affirms and the Premier denies the efficiency of the Council. How can the Secretary of State say which is right ? The Governor would suggest that his Ministers should recognise that his opinion is an impartial one, arrived at without prejudice, on the application made to him; and that they should, after considering his arguments, acquiesce in his view that any increase to the Upper Chamber, other than is absolutely necessary, is inadvisable, and that it is at present, as a whole, in a state of absolute efficiency. Government House, Wellington, sth July, 1895. Glasgow.

Memoeandum for His Excellency the Governor. (No. 30.) Premier's Office, Wellington, 9th July, 1895. The Premier presents his compliments and begs to acknowledge the receipt of His Excellency's memorandum of the sth July, in continuation of the correspondence on the vacancies caused by death and resignation in the Legislative Council, and the necessity which Ministers consider exists for strengthening the Council for the efficient performance of its functions. The Premier frankly and with pleasure accepts the assurance that His Excellency awaited the reasons for the proposal with an unbiassed mind, but deeply regrets that, despite the facts submitted in support of their contentions, and in the face of the powerful and cogent reasons adduced, His Excellency should see fit to disregard the advice tendered. The Premier very respectfully confesses that, previous to the receipt of the memorandum under reply, he was impelled to believe that His Excellency still adhered to the opinion that nine, and not twelve, Councillors should have been appointed in 1892, and a fortiori that more should not now be called. This conclusion forced itself on the Premier, because in several memoranda His Excellency had informed Ministers of his conviction that it was necessary that the numerical strength of the Legislative Council should not exceed a certain limit, quoting in support of this the average from 1887 as a number which should not be exceeded. His Excellency, moreover, had emphasized the action of the Council in tacitly approving of a reduction of its number to one-half the strength of