Enclesure 7 in No. 9.

Memorandum for Ministers.

His Excellency has considered the draft Memorandum* left, with him yesterday ^* by the Premier, and he desires to make a few remarks upon it for the consideration of Ministers.

He observes that the Memorandum, in quoting page 590 of Todd's "Parliamentary Government, in the British Colonies, 1880," recognises that the difference between himself and Ministers is "a question of an Imperial "nature, in which," in a sense, "the general policy of the Empire is involved," and in which it is the duty of a Governor to exercise the power vested in him, "in his capacity as an Imperial officer, without limitation or restraint."

That this is so is evident, because it is only under such circumstances that, according to the latter part of the same paragraph, Ministers can claim, that while they are responsible to Parliament for the advice they have given they cannot be strictly held accountable for their advice not having prevailed.

This being so, his Excellency is at a loss to understand how Ministers can be of opinion "that the responsibility of appointments to the Council should have "vested with the responsible advisers of his Excellency, and that the refusal to "accept their advice is in derogation of the rights and privileges of a self" governing Colony; "and he desires to point out that no self-governing Colony possesses the right they claim.

With regard to the statement that in offering a smaller number of appointments than Ministers asked for, he withdrew "from those responsible the "confidence which the Constitution required him to repose in them," upon the inadequate ground that nine [9] are preferable to twelve [12] additions to the Council; in the first place he replies that he feels himself bound to resist their advice upon the ground that to grant the numbers Ministers asked for would be an unconstitutional interference with the liberties of the Legislative Council.

In the second place, considering that his Excellency is personally responsible to the Crown for the manner in which he exercises the prerogative right of making appointments to the Council, he considers that the difference between nine [9] and twelve [12] appointments is an inadequate reason for creating a question between his Excellency and Ministers.