1862. NEW SOUTH WALES. CURATOR OF AUSTRALIAN MUSEUM. (CORRESPONDENCE RESPECTING APPOI NTMENT OF.) l!)rtllmteb to fJotb ;L?otts£15 of ~atliame nt, fll! QtommanlJ. SCHEDULE. KO. "PJ.G8 , 1. The Under Secretary to the Trustees of the Australian Museum, respecting the neaney in the Office of Curator. 31 October, 1861 . 2 2. Acting Curator to the Colonial Secretary, in reply. 8 November, 1861.. Z 3. Under Secretary to the Trustees, requesting them to etate their viowe in respect to the vacancy, but observing that any arrangcm~nt proposed 'rill be subject to tho approval of tho Government. 19 November, 1861 2 ~. Acting Curator to Colonial Secretary, in reply, nod intimating tbnt under the 7th clause of tho 17th Victoria. No. 2, the entirll respon11ibility of tbe appointment of these officers rests with the Trustees. G December, 1861 2 5. Under Secretary to the T rustees on the subject of the appointment of n Curator, which it is considered comes under the 37th clause of the Constitution Act, vesting all appointments in the Governol' and Executive Council. 11 December, 1861.. S G. Acting Curator to the Colonial Secretary, in r<'ply, and 11tating that the Trustees adhere to the opinion expressed in their letter of 5th December (No. 4) 3 January, 1862 . 3 7. Under Secretary to Trustees, io reply. 27 llarch, 1862 . • 4: 8. Acting Curator to the Colonial Secretary, forwarding copy of Resolutions passed at a special Meeting of the Trlll!tees, on the subject. 8 May, 18GZ • • 6 9. Dcsp~teh from ths ~ecret..,ry of State to Sir W. Dcnison, respecting a Curator for tln1 llluseum. 30 August, 1859 . • 6 85- A CURATOR OF AUSTRALIAN :MUSEUM. No. 1. to TausTEM 01' TB& Au&TRALIAN MusEUM. TSB UNDER SECRETA&Y Colonial S CC1·ela1-y' s Office, Sgdne!J, ol Octobe1·, 1861. GENTr.Em;ltb reference to t.he report of the decoMe of Dr. Pittord, Curato~ of the Australian Museum, I om directed by the C?lonia~ Secretary to r cquc~:t •::ta~~~o~~lleo~~re the goodness to state whether the manner 10 "bu:h the vacan~y may . t ~ t Y fille·t has engoged your at ten lion i and if so, to beg thni you ":~1 comm.uoJca e to Jm, or the c~u.i cle ration of the Goverument, what your views aro upoD t ue question. I have, &e., W. ELYARD. No. 2. ACTING CURATOR to CoLONIAL SECRETARY • .Australi.m Museum, . Syclltey, M November, 1861. Sm, I am dirMted by the Trust~es of _the Australian Museum to acknowledge the recei pt of your letter, dn•cd Ootohcr 31, o~d to mform you that _the Trustees have hnd under their consideration the odoptit•n of immcd1nte steps for the appotntment of a successor to the late Mr. P ittard, as Curator of tile Museum. I have, &c., GERAltD KR F.FFT, Aetmg Curator. No. 3. TBE UNDER SECRETARY to TRUSTEES OF ~· nE AusTRALIAN 1\lusEUl\J. Colonial Secrela1·g's Office, Sydney, 19 NOf)tmber, 1861. GENTl.EMiiiN, I am directed to acknowledge the receipt of 11 letter, dated 8th instant, in wh ich, by your direction, the Acting Curator of the Australian Muoeum apprised the Colonial Secretary , that you had under your consideration the adoption of immediate steps for the appointment of a su~cesso r to the late Mr. l'ittard, as Curator of the .l\Juseum. 2. }lr. Cowper desires me to state, in reply, tbat be will be glad to be favoun d with your views, AS eo rly 118 possible, in order 1bat be may be prepared to give erery information to Purliamcut, \Vhen the Estimates ore under consideralion. 3. l am also to observe that you will, the Colonial S<'cretary hope~, understand that. any arrangement proposed will be subject to the approval of the Government. I have, &c., W. ELYARD. No. 4. ACTING CURATOR to CoLONIAL SECRETARY. Australian Mu1eum, Sydneg, 5 December, 1861. Sm, . I ~ave the honor to acknowledge the receipt of your letter, dated 19th November, ~n \Vh1cb you request ~.o be fnv<~ urcd, as early as possible, with the views of the Tru ~tees, wttb r~p cc t to the nppowtmcnt of a successor to the late ~Jr. Pittard, ns Curator of the Museum, to order thnt you way ho prepared to give every information to the Patlinwent when the Estimates are uudcr consideration. ' . In reply, I nm d~rected to inform you that the Trustees propose, in the first place, to l?VJte by gener:tl nd vert1sement, gentlemen wh o muy be possessed of the necessary qual ifica­ t•ons to apply _for the vacant post, a~d then (~>hould Lhis course fail to obtain a comperent person) to a.vn•l themselves of the ,kiDd o~er of one of their number, Sir Charles Nioholson, Bart., ~bo m_tcnd~ to p~occcd to Europe 10 the early part of the ensuing year, and who "ill seleot, m conJunction wuh Pro fcsso~ Owen or _Profes:!Or l-l uxlt'y, some competent gentleman to fill the office, on \he terms on wh1oh Mr. Pmard was first appointed. These CURATOR OF AUSTRALIAN .MUSEUM. 3 These terms are,-nn allowance of £100 to defray the e:rpeoso of a passoge to Sydney, and a salary not exceeding £700 per annum, to commence from the day of his arrival in t;ydney. With r~speot to the third paragraph of your letter, in which you e:rpress a hope that the Trustees w11l understand ~hat any ar~angement proposed will be 6ubjeot to the approval of tho Government, I am dtrccted to 1nform you, that the Trustees prcaumo that this remark bus reference only to the salary of the Curator, ~ the 7th Clause of the 17th Victoria, No. 2, incorporating the Museum, throws the entire r06ponsibility of the appoint­ ment of their officers on the TrDBteea. I have, &o., GER.ARD KREFFT, Acting Curator. No. 5. Tnz Um>n SEl::RETARY to TRtrS'l'EES o'J! Tm: AusTRALIAN MttszuM. Colonial Secretary'a Office, Sgdney, 11 December, 1861. GE~TLEMEN, I am directed by the Colonial Secretary to acknowledge the receipt of a letter dated the 5th instant, from 1\lr. Krofl'&, stoting by your desire, the steps proposed to be taken for providing a successor to the late Mr. Piuard, as Curntor of the Museum, and observing, witb reference to the remark made in my communication of the HJth ultimo, that any arrangement for the purpose would be subject to tbc approv11l of the Government, that the entire responsibility of tbc appointment of their officers is placed by the 7tb clause of the 17th Victoria, No. 2, on the Trus1ees of the I nstitution. 2. In reply, I am instructed to point out, that the situations to whiob tbo Trustees of the Museum are authorized to appoint under the i th clouse of the Act of I ncorporation, are those for which salaries are provided out 11f the endowment granted by the 3rd section of the aome Aut. But the office of Curator having been created subsequently to the passing of that law, ond the stipend appropriated by as ecial vote of the L t> islature, must be considered as oomin under the 37th clause oft pt, w 10 vestR a 1 appointments in the ernor an xecutlve ounct . 3. The Government i3 not therefore prepared to concede to the Trustees the right 1 which they now claim, to appoint a Curator to the Museum, or to make arrangements for tho } selection of an individual to fill that office. 4. I am further d<>sired to state, that on the first occasion of the selection of a gen­ tleman for this appointment, the arrangements were made by the Governor General, through the Right Honorable the Secretary of State for the Colonies. I hnvo, &c., W. ELYARD. No. 6. AcTING CURATOR to CoLONIAL SECRETARY. Au8t1'alian Htt8eum, S!Jdlle!J, 3 January, 1862. Sra, I nm directed by the Trustees of the Australian Museum to acknowledge the receipt of a letter dated December 1 I, 1861, from Mr. Elyard, stating that the situations to which the Trustees of the ~useom are authorized to appoint under the 7th oll'luse of the Act of Incorporation ore those for which s:Liaries are provided out of the endowment granted by the 3rd section of the some Act. But the office of Curator having been created sub­ seqnently to the passing of that law, and the stipend oppro•printed by a special vote of the Lrgislaturc, might be considered as coming under the 37tb cbu~ of the Constitution Act, which vests oil appointments in tbe Go\·ernor und Exccuth·e Council, nod that tbe Govern· mentis n11t tberef. prep11red to concede to the Trustees the right which they now claim, to appoint a Curator to the liJ useum, or to make arraogemcuts fl)r tbe selection of on individual to fill that <1ffice. Mr. Elyard further elates, by your desire, that on rho first oec9sion of the selection of a gentleman for this oppoiotment, the arrongemcuts were made by tbe Governor General, through the Right H onorable the Secretary of State for tho Colouies. 2. In tcply, I nm directed hy tbe Trustees to inform you, tha.t they adhere to tho opinion oxprc~scd in their letter of December 5th, 1861, namely, that by the Acto~ Incor­ pomtion, the entire responsibility of rbe management of the llluseum, nod the appotntment of all its officers, rest.s with the Trustees. 8. That the fact of an additional amount having been granted by the Legislature for the salary of the Curator does uot io auy woy absolve the Trustees from the performance of any of the duties cast upon thew by the Act.