572 PARLIAMENTS OF THE DOMINIONS [PART II 
advice which might be offered by the responsible ministers so 
as practically to have the effect of nullifying without law in 
a material respect a most important constitutional principle, 
such as the right of extension of the Legislative Council. He 
pointed out that in the records of the discussions preceding 
responsible government, as shown by Mr. Wentworth’s speech! 
on the third reading of the Constitution Bill, the view was 
that a nominee Upper House would be flexible and expansive, 
while an elective House would lead to a revolution, would 
control the Lower House, and trample on the rights of the 
people. The Ministry were entitled to advise an increase 
of members if they thought fit, and the Governor could refuse 
their advice if he thought fit and call other advisers, the 
propriety of his action depending on the justice and impor- 
tance of the measure involved, the resistance of the Upper 
House to which would have led to the Government’s recom- 
mendation of further nominations, on the amount and 
length of continuance of the obstruction of the Council, on 
the proportionate number and importance of the majority of 
the colonists demanding it, and on the depth and fervour 
of their determination in doing so. 
In his reply of October 2, 1869,2 Lord Granville said that he 
was aware that the number of the Upper House was legally 
unlimited, and that it might on critical occasions be indis- 
pensable to bring the two Houses into harmony by creating 
or threatening to create a sufficient number of councillors. 
But the whole value and character of the Upper House 
would be destroyed if every successive Ministry were at 
liberty to obtain a majority in that House by the creation 
of councillors. 
There the matter rested until, by dispatch of August 10, 
1872,2 Governor Sir Hercules Robinson sent a minute of his 
Cabinet to be laid before the Secretary of State. The 
minute pointed out that the Government had come into 
office to secure the passing of the Border Duties Bill, 
whereas the appointments to the Council which had 
! In December 1854; Parl. Pap., H. C. 198, 1893-4, p. 80. 
* Ibid., p. 81. & Ibid., p. 87.