No. 42

I have the honor to forward for Your Grace's consideration a
resolution passed by the Legislative Council in favour of a
larger popular element being infused into it.

2. I add a statement by the Acting Colonial Secretary shewing
why he, as President, gave his casting vote in support of the
resolution.

3. The Present Legislative Constitution copied I believe from
that of Ceylon is without precedent in its application to an
English Community. Here the difficulties of working it are
perhaps greater than would be found elsewhere from our being
overlapped North and South by the Republic of the United States.
Yet I have not found that practically it works badly. I know
that I find, now that the Western Colonies are united, that
things were on a much more satisfactory footing on the mainland
than on Vancouver Island, and that there was less of the
"Jobbery" which seems inevitably to belong to the premature
extension of a representative Constitution, to a small community.

4. The question however is one which I shall very carefully
consider and report upon before the next Legislative Session.
The Council will expire by efflux of time next month and though
it is probable that I shall not place any more seats than the
present number to be filled on the recommendation of the people,
I think I shall popularize the Legislature by placing several
independent Gentlemen in the position of Magistrates in the
Council, instead of filling up all the Magistorial Seats by
Salaried Officers.

5. The present system of Government, I need hardly say, imposes
in a Colony like this enormous responsibility on the Governor
not alone as a Legislator; but he stands so entirely removed by
his extraordinary powers from the public officers that he has
occasionally as stated in my despatch No 37 of 9 September
1864 to appear in the character of an Armed Volunteer and at
others as mentioned in my despatch No 92 of 16 August 1867 to
assume the duties belonging to a Constable for the Maintenance
of the Public peace.