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31 March, 18.66.
Governon
Sir Richard Graves mac Sonnek
La
Right Houble
Howard Cardwell, M.P.
Legislative Council
Question put at Meeting of the 2.
March!
293
to Relative privileges of Sfficial and Unofficial
Members
Reply of Governor.
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DAILY PRESS, SATURDAY, MARC
Present-
Legislative Council. 23th March, 1565,
His Excellency the Governor, The Colonial Treasurer.
The Auditor General. The Ion. The. Sutherland,
The Hon. James Whittal.
The Hon. Francis Chomley, The Acing Chief Justice.
The Acting Attorney General.
The winutes of the previous regular Council having been rond: His Excellency desired the so- erstary to lead also the minutes of the Council of the 12th Marob, at which he had taken the catls of oee. The minutes having been read nocordingly, His Excellency observed, that strict- I speaking they were not correct, asthe had not at that ouncil takım the oaths prescribed by bis instructions. The short time which elapsed on the 12th Inst., between the production of his instrug- tions and the ceremony of taking the oths ren- dered more or less excusable the mistake com- |mitted by those who had charge of the prelimi- Gury arrangement. Ele now availed himself of this opportunity to correct a misapprehension as to any informality in the administration of the ow bs, bivaledating his acts as governor. His au- thority as governor was derived from her Majesty's commission, and did not depend (as far as regard- ed the public) upon his taking any particular form of oath. The instructions which à Governor re- ceived from Her Majesty, he might make public or he might not and his obedience to them was a watter for which he was solely responsible to the ecown but the authority of his office was de- rived from a different source viz., his commission. Stil as be was required under the sign manuel of Her Majesty to take a particular form of oath which he had not as fet taken, lie would now ask the Acting Chief Justies to administer that oath to him. Moreover as there appeared to have been se little irregularity in the menner in which the other outh hai been administered at the Conn- sil of the 12th March, he would also take the lat- ter oath again.
:
The Acting Chief Justice then administered to His Excellency the oath prescribed by the net passed for that purpose in the Twenty first and Twenty second year for Her Majesty's reign and also the usual cath for duo execution of the
office of governur,
The GovRessu then said that the only other business before the Council was to read for a first in the draft of an "Ordine to authorize the appropriation of a supplementary sum not exceed- ing $265,000 to defray the charges of the year
1865," He was quite willing to offer any explan- ation that might be required; alt-ough the bet was one not belonging to his administration. This Colony being a Crown Colony, was not in. the same position as those Colonics that possessed thir wo legislatores in reference to its budget, as the Excecutive here was bound to fumish out vetimates to the hease government by me on each you, for the following year. The supplementary expenditure had been estimatest at the large sua of $235,000 which had been pri: cipally caused by the expenditure on the Mint, and the different system of acconat adopted in reference to the Post office remittances. It would be found how- ever thas if these two items were deducted from the gross total of $255,000 the General Expen- diture was really less by $27,000 than had been originally contemplate. He believed that it was the genral practice that the draft should be read a first time, and then printed; which he should now move; put before deing so, he would say, that it was quia in the power of any member to
ask any question relave to the draft before the Counei-thou gʼn such questions would be more usefully pus when cadi meniber bad received u printed copy of the Ordinance.
219
$44886
H
The motion was then put ad carried unani- mously.
The Hon. Thoa Barberland said that he wished to ask a question which was not relative to the motion before the Council. He wished to ask if there was any difference between the official and the non-official members of the Council in respect to voting apon questions upon which the Colonial Secretary had already expressed his opinion?
The Governor said any member of this Council was equally tree to speak and vote as he liked. Each member might entertain his own opinion upon every question brought before the Council, and it was not to be supposed if he voted that he did so otherwise thau in recordance with his convictions. lle (the Governor) would sit a long time in that Council before they would find his offering any opposition in that Chausher to perfect freedom of speech and voting. If the opinion of any ficial member of connell differed from the settle. ed policy of 11, M. Government and be publicly opposed a positive decision of the Secretary of State the latter or the Governor might possible seek explanations affecting that members continuance in office whilst using his office publicly to thwart the avowed policy of the Government which be
served..
The Hon. Thos. Sutherland said that he referred to an official memhor's position as a member of this Council, Would such an set as voting in opposition to the Secretary of State's views en- tail any special consequenos to a government
fficial?
The Governor said that he apprehended the Hon. members question must limit itself to the prive- eges of a member of this Council; as anything connected with the other rnies and custom of the Civil Service could not conveniently be discussed there. He would say that at that boned every one could speak and vote as he liked. Every member had in that respect equal freedom with the Gover nor, und if the official members had any further responsibility they were only these responsibilities which they shared with all off a holders in Crown Colonies and which were well understood.
The conversation then dropped.
His Excellency then expressed the pleasure be felt at meeting the ovuncil for the first ime for the transaction of business and as they could bare ihut one common object in their discussions VIZ the promotion of the general prosperity of the Colonies be trusted that their fature meetings, would be characterised by united actio and con- dial sympathy between himself and the members.
Ilis Excolteuey then adjourned the Council.
1 Enclosure.
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