No. 107

I have had the honor to receive Your Grace's despatch No. 40 of
the 26th June, on the subject of the opposition exhibited by
the Legislative Council to the Draft Ordinance which was
transmitted to me in Your Grace's despatch No. 81 of 13th
Novr 1867.

2. Though I anticipated, as now informed by Your Grace, that
the Draft was sent for our assistance and that it was not Your
desire to preclude the Government and Legislature from adopting
any other mode of dealing with existing anomalies yet I caused
it to be introduced to the Council as a Government measure.
Most of the Public Officers requested me to
command them to vote for it, if it was to be carried, and unofficial
members begged me not to enforce the Bill. As stated in the
Minute I enclose, by the Acting Colonial Secretary, I might
possibly have got the Bill through by force, but I anticipated
Your Grace's wishes and did not exert a pressure which would
virtually have changed the Legislative Constitution of the
Colony. I consented to amendments and, yielding by degrees,
finally allowed the Bill to be defeated, and another Bill
passed. That one I have now the honor to forward. It will
receive Your Grace's consideration as solving (in local belief)
in a manner, the difficulty now existing.

3. It will be satisfactory to Your Grace to hear that during
the summer, when Mr Chief Justice Begbie is on circuit in
the Interior, there is not much inconvenience in the present
state of things. Early in the winter I shall call the
Legislature together and finally settle the matter, if it be
not finally settled in the mean time by Your Grace's approval of
the Bill I enclose.

4. The Extreme illness of the Attorney General must be my
excuse for the delay which has occurred in transmitting this
Bill. He has resumed his official duties this week.

5. I enclose copy of the Bill adopted by the Council and of the
Attorney General's Report upon it. I confess it does not
entirely satisfy me. It seems to invade the perogative of the
Governor and to Legislate in more detail than is required.

6. I need not say that whatever Your Grace's wishes may be they
shall be carried out in the next Session of the Council.