Tuesday 25 October 1836

Tuesday Oct^r 25. A long sederunt with Capt. Hindmarsh in reference to his
powers as Governor. He maintains that all appointments are in his hands,
& that in no case he is obliged to submit any such to the Council even for
their advice. I have told him plainly my opinion, which is that subject to his
right of proposing, & the power of pardoning or remitting the sentences of
convicts, all executive as well as legislative acts must be done by him in Council
By the Royal instructions he has power to carry his propositions into law even
against the opinion & voice of the “whole or major part” of his advisers – being
obliged however in such a case to assign his reasons for so acting to the
Secretary of State at home – a check, which if not quite sufficient against
temporary acts of folly or despotism is at least fully so as regards their per-
-manence. His Excellency scarcely seemed pleased with my frankness;
but I only gave my honest opinion & not before it was asked, and am
totally indifferent as to its palatableness. He says he is determined to
act singly and uncontrolled – that he has Lord Glenelg’s & Mr Stephen’s
authority for so doing and will not, to use his own words “abate an
inch of his Master’s prerogative” – forgetting perhaps that His Majesty
has in the instance expressly delegated his authority, prerogative & all
to others. But it is in vain to argue with him on this point, or indeed
on any other. He will however probably come or be brought to his senses
ere he be called upon to act.