No. 44, Separate

I have the honor to transmit Enclosures numbered from 1 to 5 being
communications which have passed between the Legislative Assembly,
the Legislative Council, and myself, and to offer the following
remarks and explanation.

During the week ended the 16th June 1866 the Legislative Assembly
had (according to newspaper statements) sat on several occasions with
closed doors—or in secret—a course which of late they have
frequently adopted. On Saturday morning the 16th June I read in a
newspaper (the proprietor and editor of which have both seats in the
Assembly) an epitome, of the Resolutions marked No 1, and some hours
afterwards I received the Resolutions themselves.

The Speaker subsequently called upon me (Saturday 16th June) and
pressed me to transmit the Resolutions without an hour's delay. I
pointed out to him the Colonial Regulations laid down for my guidance
in Section VI under the head of "Correspondence," and informed him
that I could not take any such step without consulting my Executive
Council, and further that I apprehended you would at the same time
expect me to forward the opinion of the other Branch of the
Legislature on the important changes in the form of Government &c
which the Legislative Assembly proposed.

I consulted my Executive Council at the earliest moment (Monday the
18th June) when they concurred unanimously in the reply marked No 2
 dated 18th June which I sent to the Assembly. I at the same time
transmitted the Resolutions of the Assembly with the Message marked
No 3 for the "consideration and opinion" of the Legislative Council.

On the 20th June I received the Resolutions of the Assembly marked
 No 4, and on the 21st June I received the Resolutions marked No 5
which were passed unanimously by the Legislative Council.

The Despatches which I have had occasion to address to you from time
to time leave me little to add in the way of comment upon these
Resolutions.

I must however draw your attention to the Resolution of the Assembly
dated 20th June as follows—"Mr Speaker is ordered to telegraph
the foregoing Resolutions
because the Governor declines telegraphing them unless
approved by the Honorable Legislative Council, five eighths of
whom are officials." This you will observe by a reference to my
Messages is a manifest misstatement. My reply to the Assembly was as
follows—"I have now submitted these Resolutions to the Legislative
Council and on receiving the opinion of that Body will lose no time
in transmitting them with my report thereon to Her Majesty's
Secretary of State for the Colonies."

I gave this matter careful consideration and my Executive Council
unanimously concurred in my opinion that I should not be justified in
transmitting the original Resolutions of the Assembly, passed in
secret session (and for aught within my knowledge by a narrow
majority) without affording the Council and the public an opportunity
of knowing their purport and forming an opinion upon them.

I entirely concur in the views expressed in the Resolutions of the
Legislative Council; and I may here remark that several of the
"officials" composing the Council possess considerable Real Estate in
the Colony, and the three non-official Members own more real property
and have a larger stake in the Colony than the 15 Members of the
Assembly in the aggregate.

The constitution of the Legislative Assembly of this Colony whether
as regards character or capacity is I think very unfortunate and I
fear that few persons possessing any self respect will be found
willing at any time to undergo the ordeal necessary to an election to
a seat in the House.

I will not further occupy your time than by begging you to believe
that I have exercised my best judgment and endeavoured to pursue an
impartial course in this matter, and by expressing a hope that the
course I have adopted will meet your approval.