Enclosure 10 in No. 9.

Memorandum for His Excellency.

Ministers have read his Excellency's Memo, of the 4th inst., and are glad to recognise that his Excellency does not insist on the position of "an Imperial "officer, without limitation or restraint; "that his Excellency is bound to accept the advice of his Ministers "on the occasion of a great emergency," and that "in ordnary circumstances the Governor would naturally accept Ministers' "advice as to appointments," but they cannot admit that his Excellency has been well informed that the proposed appointments would "interfere with the "balanc of Parties."

In reply to the remark of Ministers that no reason had been given that it would be unconstitutional to grant twelve members and constitutional to grant nine, his Excellency replies that "his reason was based on the best information "he was able to get on his arrival in the Colony, and it is supported by the "Returissued on the 13th July, showing the names of the present Members of "the Leislative Council." Ministers would observe that "the best information" referred o was never submitted to them in order that its character or source might [unclear: hve] been examined by responsible Ministers, so that they might have had the opportunity of advising his Excellency upon it, and they desire to express heir astonishment and regret that a course should have been taken which tods to discredit the Government.

That he information referred to is supported by the Return is not shown. His Excllency has apparently made a mistake in respect to the Members appointe by Conservative and Liberal Governments. In the Memo, of Minister of the 2nd August they gave the numbers as 26 and 9, whereas his Excelleny states the numbers as 22 Opposition Members and 12 Government supportes. His Excellency believes that "when the crisis is over Members "generaly will return to their Party allegiance."

Minisers do not know of any "crisis," and think that there is as little like lihod of Members returning to their Party allegiance as there is of a Whig who has become Tory after being made a Peer returning to his allegiance to Mr. Cadstone. The precedents are so few for such a reversion in politics that the; prove the rule that once Members leave the Liberal fold they leave for good. The "crisis" in this instance is the well-developed policy of page 37 the Liberal Party in the country, which an overwhelming majority of Tory gentlemen in the Legislative Council have found themselves in a position to mutilate and destroy.

Nor do Ministers understand why the phrase used by the Premier "to" perform those functions more in harmony with the freedom of the country" should confirm the Governor in the opinion that he should not grant more than the number he has offered Ministers respectfully submit that the Governor, being neutral in politics, is in no way permitted by the spirit of the Constitution to do anything that will prevent the feeling of the country from being expressed in legislation. It would indeed be a dangerous doctrine, keeping in view the friendly relations that should exist between the Colony and the Mother country, that the representative of Her Majesty should consider it to be his duty to thwart, the people of the Colony in giving expression to their feelings and opinions.

Ministers do not consider the authorities, quoted in his last Memo, by his Excellency, are applicable in the present case, and they need not be more particularly noticed.

Ministers thank his Excellency for the intimation that he will forward their Memorandum to the Secretary of State, and they respectfully request that the whole of the Memoranda on the subject may be forwarded at the same time