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there, as it appears to me to apply in almost all respects to the case of West Australia to-day, and to support the decision at which we have arrived:
To the Honorable E. Deas Thomson.
My dear Deas Thomson,
Sydney, February 12, 1856.
I forward herewith a letter from the Chief Justice, containing his opinion, and that of other Judges, as to the meaning of the term "political grounds," which is used in the Constitution Act in defining the causes of the retirement, or release from office, of certain heads of departments, by which they will be entitled to claim a pension. I send you also a copy of my lettter to Sir Alfred Stephen, to which this is an answer. The Judges' opinion may be briefly stated to be, that until some moral or absolute necessity can be shown to exist for the retirement of the present holders of office, the political grounds for such retirement cannot be said to have presented themselves. Under these circumstances, it is very clear that any attempt to form a Government upon the principles of the responsibility of the members to Parliament must be premature; and the only mode in which it appears possible to reconcile the terms of the enactment with the obligations of the Government, and the consideration due to yourself and the other officers whose claims to pensions are recognised therein, will be to continue the Government in its present form until the elections have taken place, when the character of the Representative Chamber being known, it will be possible, perhaps, to predicate what the policy of the Government will be. Under this state of things political combinations may be made, which now do not present themselves to us. As the Government is to continue in its present form for at least a couple of months, it is absolutely necessary that I should have your assistance in the Executive Council.
* * * * * * *
(Sd.) W. Denison.
In conclusion, I may say that it almost appears to me that too much importance has been attached to the point. What material difference can it make whether Ministers are appointed now or a few weeks hence? The Colony, after years of waiting, has at length secured the Constitution so long desired. I have come out from England with no other wish than to bring it into successful working order at the earliest possible moment that I legally can, and I am confident that, six months hence, all parties will admit that the country has in no way suffered by the course which, after carefully considering the question, with the aid of the Executive Council, I have felt it my duty to adopt.
Perth, 22nd October, 1890.
Perth, 23rd October, 1890.
I have the honour to report that I arrived at Albany on the 18th instant, and that I was sworn in at Perth on the following Monday, and forthwith assumed the administration.
2. The proclamation of the New Constitution, the date of which ceremony had been fixed before my arrival, took place on Tuesday, the 21st instant, amidst great public rejoicings, a full account of which will be submitted to you by next mail. In the meanwhile, I may assure you that nothing could exceed the loyalty and cordiality of the reception which has been accorded to me as Her Majesty's representative and the bearer of the New Constitution so earnestly desired by the Colony.
3. Considering the population of the Colony, I have never seen anything to equal the public enthusiasm displayed. From the moment that I arrived at Albany until late last night, when the Proclamation banquet was held, every hour of the day has been occupied either in receiving or replying to complimentary Addresses, or joining with the people in their rejoicings on this auspicious occasion.