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dismissal if it is decided to go on with the scheme; secondly; whether the scheme commends itself to the
Council, for if it does not they cannot recommend my dis-
missal.
In spite of what Your Excellency says that the Council might be involved in a debate on a policy already decided upon by His Majesty's Government, I regret to be obliged
to point out that they cannot, consistently with their
oaths of office, recommend the dismissal of an officer for honestly advising against a scheme which they do not them- selves approve of. The approval of the scheme is therefore a matter with which the Executive Council must concern it-
Sufficient materials for forming an opinion on its merits are not and never have been before the Executive
Council, for the special reason that the opinion of the legal profession has never been asked upon it.
self.
In paragraph 5 of the letter under reply Your Excel- lency has stated concisely what occurred in the Council:- "The Council heard what the Secretary of State had written
and thereon formed their decision" ("functus officio" is
probably a lapsus calami). This is precisely what I com➡ plain of: that in complying with the request of the Secre- tary of State to recommend my dismissal without either ful-
ly considering the scheme, or my attitude towards it, the
Executive Council have abdicated its functions of adviser
to Your Excellency. It seems clear from what Your Excel-
lency says in this paragraph that the Executive Council has
had no opportunity of judging from the correspondence what
my attitude has been they heard what the Secretary of State had written, and formed an opinion upon it, but they
did not hear what I have to say on the other side) and as
I have pointed out both in my former letter and in this, the Secretary of State has altogether mistaken my attitude,
or does not appear to have had before him the documents