The Lyttelton Times.

Lyttelton Times, Volume IV, Issue 192, 2 September 1854, Page 2

The Lyttelton Times.

Saturday, Sep'e.nber 2, 1854,

; The following documents present to the public, in an authentic form, the history of the late crisis. From the evidence before them our readers will be able to form a judgment upon the present state of the Government of New Zealand. First comes the Memorandum addressed to his Excellency by *he Ministry, when they found that they could no longer carry on the Government as then constituted. CIOTIDENTIAi MEMORANDUM. At the commencement of the present session of the General Assembly a debate took place upon a resolution asserting1 the necessity of a recognition of the principle of Responsible Government in the sense in which that term is understood in the Constitution of England, and has been recently acted on in all the British colonies in which representative institutions are established. That resolution, after a debate of several days, was adopted by the House of Representatives with but one dissentient voice. His Excellency, with the advice of his Execative Council, then determined to meet the views of the house, by admitting- to the Executive Council three members of the House of Representatives who should hold their offices so long as they could command the assent of the majority of the legislative bodies ; but it was understood at the same time that the arrangement then made should be considered to be a provisional one, as a step towards the final establishment of the new system of Government so soon as the public service should render the complete change necessary. It was further determined that the Attorney-General, who had been appointed to be the Speaker of the Legislative Council, should conduct the Government business in that house; and it was assumed that his position as Speaker would form no obstacle to his doing so. In a short time, however, the dissatisfaction of the Legislative Council a.t such an arrangement, rendered it necessary that a fourth member should be added to the Executive Council with a seat in the Upper House, charged with the conduct of the Government business in that body. After full consideration his Excellency coincided in the necessity of that arrangement.

In this manner the Government was conducted for some weeks with harmony and success ; several important bills brought in by tha Government, imperatively necessary for-the consolidation and adjustment of the powers granted by the Constitution • Act, were passed or carried through several stages.

Bi _, as the Session advanced, new circumstances arose. A formidable opposition was formed, which, although hitherto successfully met by the Government, rendered it more than doubtful whether the public business could be much longer conducted in the Houses of the Legislature, except by a strong and consistent Government, composed of the holders of the principal offices in the Executive. It became every day more apparent that the attempt to conduct the Government in the Legislative houses of the Assembly, by others than the heads of the principal department?, could not but fail; and that the temporary expedient adopted could not long-succeed. It is to be observed, 'that I that attempt was one never before tried ; there being no instance of a colonial Government being conducted in the Legislature except by the Executive officers of the Government in person. The result of the proceedings of a Committee of the house on the subject of the public revenues and expenditure since the expiration of the last Appropriation hill, fen months ago, tended materially to lessen the confidence cf the house and the public in the government as at present constituted.

The public have had before them in a definite and tangible shape the existence and the results of a policy in the management of the revenues, in the administration of the Crown lands, and in various departments of the public service, winch are eminently distasteful to the great mass of the population. The result has been the growth of a general feeling of insecurity in the minds of the public, both iv and out of the Houses oft Tie Assembly, as to the conduct of the public business of'the country, and. a genera] determination, which there is every reason to believe exists on the

part, not only of the opponents of the Government, but also of its supporters in the house, not to grant the supplies necessary to carry on the service of the government, unless upon the constitutional security (derived .vom the presence of the principal holders of office in the Houses of the Legislature and the responsibility of their tenure of those offices) that theadministration of the Government would for the future be conducted in accordance with the will of the Legislature. this feeling has been increased by the consideration that in the bills laid before the house of Representatives by the government, it has been found necessary to ask for very considerable powers being entrusted to the Executive in the administration of the functions which those bills proposed to create; and it is argued with reason that the Legislature.would not be justified in granting such extensive administrative power, unless ample guarantee were afforded that those powers would be exercised under the constitutional control of the Legislature. Upon the whole it is apparent that the government of the colony can be no longer conducted on the present footing; and it is more than probable that should the present arrangements continue, a ■ very! serious difficulty will be experienced in obtaining the supplies for the public service. The present holders of the unofficial seats in the Executive Council would be acting in neglect of their duty to his Excellency, to their constituents and to themselves, did they continue to hold office under an arrangement of which the only result must be to embroil the Executive with the Legislature, at a moment when the whole iritetests of the colony are deeply concerned in conducting the Government with harmony. There appear to be but three courses open. First, that the present unofficial members of the Executive Council should be replaced by others, should any such be found, who will accept seats on the understanding that the present arrangements shall be preserved. Secondly, the Government shall be restored to the old form, and shall be carried on without any unofficial members in the Executive Council. And thirdly, that the present holders of office shall resign, and the Government be re-constituted on the ordinary responsible basis. It is quite obvious that in the two first of these cases, an immediate prorogation, probably a dissolution of the General Assembly must follow, and the government of the colony must be carried on for many months longer without any legal appropriation of the public revenues. The organization of the public departments, consistently with the. .requirements of the New Constitution, a measure loudly called for by the present state of all public business, must be delayed for an indefinite time; and a conflict fraught with danger to the peace and well being of the colony will inevitably arise between the General and Provincial Governments; a conflict which cannot but end in the augmentation of the powers of the latter to such an extent as seriously to endanger the unity of the colony as a whole. The third course proposed will have an exactly opposite result. The present holders of office have already signified their readiness to retire. It is understood, as a sine qua nan, that proper pensions shall be provided for them on so doing. The principle is admitted that the tenure of these offices is to be changed so soon as the service of the country shall demand it. That is asserted by the Executive Government bill now before the house. The.only question left is one of time, and that consideration, it is presumed, is not one of such importance as to justify the risk of such grave consequences as delay may produce. Under these circumstances that the wisest course, the course most consistent with the best interests of the country would be, that the present holders of office should place their resignation at his Excellency's disposal, and that, so soon as the Executive Governmentbillshall have passed,his Excellency shall accept those resignations, and should appoint to the offices of Government under that bill, such persons havingseats in the Houses of the Legislature as he may deem best able to conduct the affairs of government in accordance with the views of the Legislative bodies. (J. E. Frrz Geiuld, (Signed) / F. A. Weld, J T. H. Bautlky, V.H. Sewkll.

This Memorandum produced the following letters from the members of the Old Executive.

Colonial Secretary's Office, Auckland Ist. August, 1854. ' Sib,—-Having concurred with the other Members of the Executive Council in advising your Excellency to take such steps as may be in your power for securing the representation of the Government in the Legislature by persons having seats in the Assembly, I have now the honour to tender the resignation of my office as Colonial Secretary of New Zealand, which I have held for a.period ol upwards often years in order that as far as depends upon myself no difficulty may stand in the way of the attainment of a great public object, and I have to request that your Excellency will be pleased to accept my resignation as early as-, the.-public service will permit, in order that my appointment may interpose no difficulty i.i the way of the establishment of Ministerial Responsibility in the conduct of public affairs. I have the honor, &c, (Signed) Andrew Sinclaik, Colonial Secretary. If in the opinion of the Legislative Members of the Executive Council it would tend to facilitate the conduct of the Public Business through the Legislature during the present session, the Attorney-General will place them in a position to state to the Assembly that he has already forwarded to the Secretary of State through his Excellency the resignation of his office, in order that so far as may depend upon himself a full and fair trial may as early as possible be made of the principle of Ministerial Responbility in the conduct of the Government. (Signed) Wm. Swainson, August Ist., 1854. Attorney-General. The Colonial Treasurer stated that he would adhere to the original statement made by him on the tenth of June lastTo the Confidential. Memorandum his Excellency returned the following answer: REPI/Y TO WEMOBANDUM OF AUG. 1, 1854. Beyond the simple fact of accepting the resignation of the Colonial Secretary, and filling1 the position by a gentleman from the House of Representatives, I could not think of going To require the holders of office to resign their posts till I am favoured with the views of the Crown on the steps I have taken, would not only be at variance with the original understanding, and beyond what I conceive my powers to be, but a want of proper respect on my part to the Home authorities. On assuming ray present office, I found three recognised Government Officers as my advisers in the Executive Council. Circumstances occurred to induce me to introduce to that council three members from the House of Representatives, and subsequently a member from the Legislative Council, making a majority of new members. I found also, on coming into office the old form of General Government in existence. I am now called upon to form an entire new form of Government, without even a reference to my Sovereign ; thus throwing on me, during my temporary Administration of the Government, a grave responsibility, which I am not prepared or disposed to bear. I have sanctioned the link between the Assembly and the Government, by. the introduction of four members into the Executive Council. I am prepared.to.-acceptthe Colonial Secretary* resignation (subject to confirmation) if voluntarily laid before me; but I am not prepared to disturb the officers appointed by the Crown, or in any way to establish a new form of Government in the colony of New Zealand without reference Home. If the formation of entire Responsible Government is in keeping with the views of the authorities at home, the avrangemenl is only a matter of time, a few weeks —if, on the other hand, it is not the wish of the Home Government, it is the more necessary I should wait instructions for my further guidance. (Signed) . 11. H. Wynyahd. Government House. Auckland, Ist August, 1854. The Resignation of the responsible portion of the Executive followed : Auckland, 2nd August, 1854. Sin, —I beg respectfully to request that your Excellency will be pleased to accept the resig-

nation of my seat in the Executive Council. I have the honour to be, &c, . Henby Seweli.. His Excellency the officer Administering the Government. Executive Council Office, 2nd August, 1854. Sir, —As I feel that my presence in the Executive Council can no longer be of public service, I must respectfully beg to resign my seat in that Council into your Excellency's hands. I have the honour, Sec, (Signed) Fredk. Wei/d. His Excellency the Officer Administering the Government. Auckland, 2nd August, 1854. Sib, —With every feeling of respect, I have to request that you will be pleased to accept the resignation of my seat in the Executive Council. I have the honor, &c, &c, (Signed) T. H. Babtley. His Excellency the Officer Administering the Government. (Copy) Auckland, 2nd August, 1854. Sib, —Having tendered to your Excellency such advice as I was conscientiously bound to tender, respecting the steps which in my opinion are absolutely necessary in order that the government of the colony may be conducted with harmony and benefit to the colonists, and your Excellency having deemed yourself bound to reject such advice, I have the honor to request that your Excellency will be pleased to accept of my resignation of a seat in the Executive Council. I have the honour, &.c, &c, (Signed) James Ed. Fitz Gekai.». His Excellency the Officer Administering the Government. On the receipt of the above letters of resignation, his Excellency addressed the following Message to the house : Message No. 24. The Officer administering the Government, considers it his duty to apprise the House of Representatives, that in consequence of the resignation of their seats in the Executive Council, by Mr. Fitz Gerald, Mr. Weld, Mr. Sewell, and Mr. Bartley, he is preparing a Message to the House, which will fully explain to them his views and wishes, with regard to the relations of the Executive towards the two Houses of the Legislature, during his temporary administration of the Government. He has a confident hope that the Message in question will be ready for delivery on the day after to-morrow, not later than two o'clock in the afternoon. (Signed) R. H. Wynyakd. Government House, Auckland, August 3, 1854. On the receipt of this document the House of Representatives passed a vote of confidence in the Ex-Ministry, and re-as-serted their sdhesion 'to the principle of Responsible Government as follows: House of Representatives, Auckland, August 4, 1854Sir, —I have the honor to transmit herewith an Address passed by this House this evening, and also the accompanying Resolutions, which were unanimously passed on the evening of yesterday, the 3rd instant. I have, &c, (Signed) Chakles Cxiffokd, Speaker. His Excellency the Officer Administering the Government. To his Excellency, The Officer Administering' the Government, &c, &c. We, Her Majesty's faithful Subjects the Commons of New Zealand in their House of Representatives assembled, desire to express to your Excellency our deep regret at the circumstances which have resulted in the resignation of four members of your Excellency's Executive Council. We desire'to lay before your Excellency the "accompanying Resolutions which the House of Representatives have felt it their duty to adopt on this occasion, and respectfully to pray that your Excellency will be pleased to take the same into your serious and early consideration. We l>eg- to assure your Excellency of our deep and earnest wish to co-operate with your Excellency in any measure which your Excellency

may deem it right to adopt, so far as our duty to our country will permit, for placing the Government of this Colony upon a. permanent basis. (Signed) Chasies Clifford, Speaker. House of Representatives, Auckland, 4th August, 1854. Extkacx From the Minutes of the Proceedings of the House of Representatives. Friday, August 4th, 1854. __ Resolved, —That an Address be presented to bis Excellency the Officer Administering the Government, embodying the following Resolution of August 3rd.:—That this House deems it necessary to reassert the principle that amongst the objects which this House desires to see accomplished without delay, both as an essential means whereby the General Government rightly exercise a due control over the Provincial Governments, and as a no less indispensable means of obtaining for the General Government the confidence and attachment of the people, the most important is the establishment of Ministerial Responsibility in the conduct of Legislative and Executive proceedings by the Governor, and furthermore that in the opinion of this House the time has arrived when the safety of the Colony demands the full recognition of that principle by the appointment to the principal offices of the Government, of those who possess the confidence, both of his Excellency and of both the Houses of the Legislature. True extract. (Signed) Charles Clifford, Speaker. Message 25 followed. This is the message of which. Mr. Wakefield acknowledged the authorship. Message No. 25. The Officer administering1 the Government, with reference to the resignation of their seats in the Executive Council by Mr. Fitz Gerald, Mr. Weld, Mr. Sewell, and Air. Bartley, and in compliance with the promise made by his Mes* sage of the day before yesterday, proceeds to explain to the House of Representatives, as fully as the time will allow, his-views and wishes with regard to the relations of the Executive towards the two Houses of the Legislature during his accidental and temporary administration of the Government. He trusts that the House not less conscious than himself of the grave importance of the present crisis in the affairs of the colony, will give to the whole subject the same calm and deliberate consideration as he has himself bestowed upon it. He begs of the House to revert to the position in which he was placed when Ins Excellency the Governor departed from the colony. The very title of the office which then devolved upon him, shows that the only duties which it is absolutely incumbent on him to perform, were those of administering the Government for a brief period ; that is, only for the purpose of maintaining the ordinary routine of public business until he should be relieved by the arrival of a regularly appointed Governor, not owing his authority to the accident of his being the senior Officer in command of the troops, but obtaining- it from the deliberate confidence of her Majesty. But the Officer administering the Government did not confine himself within the safe and. easy limits of attending only to established routine. Impressed with the belief that the colony both needed and desired legislation without delay by the General Assembly, he took upon himself, contrary to general usage as re spects the functions of mere administrators of colonial governments, to convene the Parliament of the colony. For having spontaneously incurved this unusual responsibility, the House of Representatives saw fit to convey to him an expression of their thanks in the following words:—"Entirely appreciating the difficulty °f your Excellency's position, and the responsibility of initiating a course of policy during your temporary administration of the Government, we desire to record our deep and lasting sense of the great benefit which your Excellency has conferred upon the colony by convening the General Assembly at the earliest possible period after it became your duty to assume the Government of New Zealand."

Tliis was said in answer to tlie speech by the head of the Government whereby the session was opened ; and it therefore indicates, by the complimentary allusion to the initiation of a

policy by him, that Ministerial Responsibility was not at that moment in the contemplation of the house. Presently afterwards, however, and very suddenly, that question became so prominent as to exclude every other subject from the consideration of the house. This question involves principles which, when viewed as practically applicable to this colony, were entirely new to the Officer administering the Government, as, down to a time not long preceding the convention of the Assembly, those principles had been to the thoughts of the colonists, with the exception of a very few of the most active political minds. When, however, (his question was brought before him in a practicaform, and by means of proceedings in the house which could not but command his most serious attention, he examined it with care ; and, becoming satisfied that a concession of the principle was both desirable in itself on general grounds, and necessary in order to preserve harmony between the organ of the Crown and the Representatives of the people, he resolved to comply with the wishes of the House. But that resolution on his part was limited by the condition that, when fully admitting the princL' pie, he should give immediate effect to it so far only as he could do so constitutionally. On an examination of the Constitution Act with this especial view, it became manifest, in the first j place, that the Act of the Imperial Parliament i makes no specific provision for Ministerial Responsibility in the exercise of the Governor's functions ; and, secondly, that it does contain a provision whereby the same validity is given to certain existing Royal Instructions as if they had been part of the Act itself. Throughout the discussions on this subject, whether in the Houses of the Legislature or in the Executive Council, the constitutional force of these Royal Instructions has been taken for granted by everybody. The Officer administering the Government was led to believe that those Instructions absolutely preclude him from establishing Ministerial Responsibility in a complete form, and, in particular, by forbidding him to disturb any tenure of office derived from her Majesty's Sign Manual, until he shall receive from her Majesty express direction or permission to set aside appointments made by herself. Accordingly, when the Officer administering the Government held communication with gentlemen supposed to enjoy the confidence of the House, with a view to the introduction into the Executive Council of some members of the House of Representatives, he made them fully and distinctly acquainted with his opinion as to the limits of his power with regard to actual holders. In that opinion he supposed those gentlemen to concur without qualification or reserve; and, on the basis of that opinion, Ministerial arrangements were made, which are described by the correspondence that took place at the time, a copy of which, numbered 4 and 5, is appended to this Message. Those documents were laid before the House of Representatives, who, after ample discussion of the new Ministerial arrangements, expressed to the Officer administering the Government, by a formal address (No. 6 in the appendix), the high satisfaction aud deep sense of obligation towards him with which they regarded his prompt and unreserved compliance with their desire thdt Ministerial Responsibility in the conduct of Legislative and Executive proceedings by the Governor should be established without delay. The practical limits of the concession of the principle were as cordially accepted by the House as by the new Ministers themselves.

This arrangement, completed on the 14th of June, appeared to give universal satisfaction, until, on or about the 29th of June, the Ministers asked the Officer administering the Government to exceed that arrangement, by adding to the Executive Council a member of the Legislative Council, who might thus represent the Government in the latter body. In order to facilitate the transaction of Legislative business, the Officer administering the Government instantly complied with this request; and in doing so he exceeded the original Ministerial arrangement, by giving to the new advisers of the Governor a majority in the Executive Council.

Again, when Mr. Bell, the member of the Executive Council who had been so appointed, was called away by domestic circumstances immediately after having appeared in the Legislative Council as a responsible adviser of the Cvown, the Officer administering the Government instantly and cheerfully assented to the

appointment of Mr. Bartley as a member both of the Executive and of the Legislative Councils. So far as the Officer administering the Government was ever informed, these arrangements were satisfactory, and effectual for the purposes with which 'they were made, until about the beginning of last week, when observations were orally addressed to him by some of the new members of the Executive Council, which implied that they were discontented with their actual position, and desirous of some change in the direction of that complete Responsible Government, which exists when all the members of the Executive Council belong to one party and are liable to removal on party grounds. But it was not until Saturday last, the 29th of July, that any precise intimation of the new desire of Mr. Fitz Gerald and his colleagues was conveyed to the Officer administering the Government. On that day they were requested to state their wishes precisely in writing. On Tuesday the Ist of August, they sent to him the Memorandum (which not being dated is marked A), which calls upon him to establish Responsible Government in the most complete form, and instantly, or to expect that the four gentlemen by whom the Memorandum is signed, will immediately resign their seats in the Executive Council. "That document, he must confess, caused him surprise as well as much regret. Though the Ministerial arrangements of the 14th of June had then lasted about eight weeks, he had never till about a week before and never at all in any precise manner, be3n informed that there existed any such difficulties aud troubles as those described in the memorandum ; and least of all was he conscious that, as is stated in the Memorandum, the House of Representatives was disposed to adopt that last resource of a representative body when wronged by the Executive—that of stopping the supplies. He alludes with reluctance to these alarming, not to say threatening, passages in the memorandum, lest the house should imagine that they may in some degree have biassed his mind towards the conclusion that he ought not to comply with the call made upon him. He assures the House that they have had no such influence, but that he refused (by his memorandum of the Ist of August) to comply with that call, influenced solely by the consideration that his duty as the Administrator of a Government which has written Constitutional rules for its guidance, forbade him on Wednesday last, as it had forbidden him nine weeks before, to think of dismissing, without Her Majesty's consent, any officer holding his appointment directly from Her Majesty. The case of the Colonial Secretary differed from that of the other officers inasmuch as that gentleman did not hold his appointment directly from her. Majesty; wherefore the administrator of the Government, being most anxious to make every concession to ihe new ministers which he could feel was not inconsistent with his sense of right, was much pleased to find that e a desire on the part of Dr. Sinclair to aid in avertinoany serious difference between the new minis* ters and the head of the Government, had induced that gentleman to tender the unconditional resignation of his office even before the promised pension was secured to him by law. In so far, the state of matters on the 2nd of August was considerably improved in com- | parison with the arrangements made eight weeks before: a step in advance towards the complete establishment of Responsible Government was actually taken ; the office of Colonial Secretary was laid open to be filled up by a -Member of either the Legislative Houses. Nor was this the only concession made to Mr. Fitz Gerald and his colleagues. They were informed, that the Attorney-General intended and was ready to despatch to England the resignation of his office. The Officer administering the Government trusts that the house will mark these facts. In nil other respects matters were in the same state when Mr Fitz Gerald and his colleagues resigned their appointments, as when they accepted them, knowing exactly the constitutional position and personal sentiments of the Officer administering the Government. During the long interval they enjoyed his unlimited confidence, and never 'offered" to him a suggestion which he did not readily accept. Neither during that interval, did he ever think of exercising his authority independently of their advice. In ail respects, he faithfully adhered to the original arrangement;

and now, when they depart from it by suddenly asking him to set it at nought, he] bus but one reply to make—that his sense of duty and honor absolutely forbids him to comply with, the request. He feels that he should be wanting in candour towards the House if he hesitated to state to them in the plainest terms the settled conviction of his mind, that by yielding at all on the point of duty, he should deserve the ceusure of Her Majesty, and should incur the disapprobation of the colonists of New Zealand, for having degraded the office, the honor of which has been accidentally entrusted to his care.

At the same time, he is very desirous that his difference with the late members of the Executive Council should not gvow into a difference with the house. He therefore requests the attention of the House to certain facts which seem to him to have an important bearing on the question which the House will have to determine- He begs of them to observe that the Executive Government Bill, the passage of which iuto law was, by the original ministerial arrangement, announced to the House on the loth June, made a condition of the retirement of the Attorney General and Colonial Treasurer when her Majesty's assent thereto should be obtained, has not passed, in the House of Representatives, beyond the stage of being read a second time; and that from the date of that proceeding —namely the 27th June, the measure appears to have remained in a state of abeyance and oblivion. The memorandum of Mr. Fitz Gerald and his colleagues, of the Ist August, speaks of a "formidable opposition" which they encountered in the Houses of the Legislature, and which threatened to put a stop to the public business. This fact was first brought to the knowledge of the Officer administering the Government by the Memorandum in question. Till he read that document, he had been led to believe that the Ministers were steadily supported in the House of Representatives by large majorities: and though he was aware that their proposals were sometimes criticized and'opposed^y small minorities, he imagined that such opposition arose from the natural working of representative institutions, and was not merely harmless, but serviceable as the means of subjecting important legislative measures to scrutiny by the elected guardians of the public interests. With respect to the Legislative Council, he has been assured not only that it has exhibited no organized opposition to the measures proposed by the Government, but that, on the contrary, a member of the Government, in the House of Representatives, speaking in that House recently thanked the Legislative Council for having improved some measures sent to them by the Representative House, and expressed his hope that they would continue to afford such valuable assistance in the work of legislation. The Officer Administering the Government assures the House that he was never by anybody told of any formidable opposition to the Government in either House of the Legislature, and that he is still at a loss to understand the statement, with regard to such opposition, in the memorandum of Mr. Fitz Gerald and his colleagues. He was also totally unconscious that the House of Representatives had exhibited any disposition, still less a general determination, not to grant the supplies necessary for carrying on the service of the Government, unless he should consent to a total departure from the Ministerial arrangements for which the House had expressed to him his warmest thanks. At any rate, these facts were suddenly communicated to him, and so much in the form of pressure upon his judgment that he could not be blind to a sudden change of mind on the part of the authors of the memorandum. He could not doubt that, for reasons of which he was himself unconscious, they had repented of their consent to the original ministerial arrangement, and that they were insisting, and with something like a threat of de,:loral>le consequences if he refused, on obtaining far more than the agree- j ment into which they had deliberately entered with him. Nor could he fail to be struck with the manner in which the resignation of those ! gentlemen were presented to him. It was set- ] tied on Tuesday, the Ist of August, that the \ final consideration of the difference between them and him should take place at a meeting of the Executive Council at 3 o'clock on WeiliTesday the 2nd. But before noon on that day, Mr. Sewell's resignation was delivered, and 'it was followed, after an interval, but before 3

o'clock, by those of Mr. Weld and Mr. Hartley. At the appointed meeting for 3 o'clock Mr Fitz Gerald alone attended; and it was'only when the Officer administering the Government declared that his opinion was unchanged thereby shewing that the successive resignations of Mr. Sewel), Mr. Weld, and Mr. Bartfev had not effected his judgment, that Mr. Fitz Gerald then and there wrote and presented his own resignation.

The above statement of facts, which are within the knowledge of the Officer administer, ing the Government, will, he trusts, satisfy the House, that it is not their duty to sustain the late Ministers in their difference with him. For two reasons in particular, he should feel deep regret if their natural feelings of disappointment at the present stoppage of the business of the Session, and at the present downfall of such ministerial responsibility as he can consent to, should induce them to view his conduct in an unfavourable light. In the first place, he cannot conceal from himself that, if the House should deliberately adopt the Memorandum of the Ist of August, the unhappy events which are therein hypothetically predicted, or, at any rate, events which it is equally painful to contemplate, could scarcely be averted, whilst unquestionably the Session would be lost, and long delays must ensue before the colony could reap the benefits of legislation by its General Asserobty. Secondly, though this, he acknowledges, is quite a minor consideration, and one which he is not entitled to press on to the notice of the house, he should himself incur a severe disappointment of the pride and pleasure which he has felt in supposing that the successful initiation, at least, of Responsible Government would take place during his tenure of office as her Majesty's representative in New Zealand.

He earnestly implores the house to weigh with calmness and circumspection the question which this Message submits to them ; and he relies with confidence on their being desirous of at least attempting to get through the Session beneficially for the colony, by the aid of that amount of Ministerial Responsibility, more than which it is not at present in his power to aid in establishing, and which, by their address to him of the 21st June, they declared to be satisfactory under the circumstances. And he hereby engages to take into his most serious and favourable consideration any suggestion having that object in view, which they may please to present to him, either by address, or through a member of the house enjoying his confidence,

He suggests that, at any rate, the house should pass a measure for the complete establishment of Responsible Government, similar in principle to those which are known to have been framed by the legislatures of [[Jamaica, and one or two of the Australian colonies. Such an act, it is scarcely necessary for him to add, must of course be reserved for her Majesty's assent according to the provisions of the Constitution Act.

The Officer Administering the Government cannot but express his persuasion, that, under any circumstances, the House will be indisposed to separate without adding some useful measures to the very small amount of legislation which has as yet been accomplished ; without making some provision for the appropriation of the public revenues between the General and the Provincial Governments; or without settling;, though in an imperfect manner, and for but temporary purposes, other questions of a very urgent character. In order that the House may have before them at one view all the documents which relate to the subject of this Message, they will be appended to it in the order of their dates. In communicating with the House by Message on the subject of a Ministerial crisis, the Officer Administering the Government has been guided by numerous precedents, and more especially by the example of the late Lord Metcalfe: who as Governor of Canada in 1843, upon the resignation of a Ministry, conducted all communications between himself and the House of Assembly on the subject, by means o? original Messages from himself, and Messages in answer to Addresses from the House. Copies of the voluminous documents in question are now in the hands of the Officer Administering the Government. Finally, the Officer Administering the Government declares to the House his unaltered adherence to the principle of Besponsible Government ; and he once more assures them of his most earnest hope that the limited practical

application of that principle, which, from first to last, he has asserted his inability to exceed, may not be rejected by them. He therefore again expresses his trust that the House may see fit to abstain from coming hastily to any conclusion on the subject of this Message, but may, on the contrary, bestow upon it the calm and patient consideration which it has received from himself. E. H. WvNYARD, Officer Administering the Government. Government House, Auckland, August sth, 1854. Message No. 26 answers the resolution on Responsible Government. Message No. 26. The Officer Administering the Government has received from the House of Representatives, an Address, dated the 4th instant, enclosing a copy of a Resolution passed by them on that day, embodying a Resolution passed by them on the 3rd, which last Resolution re-asserts their Resolution of the 6th of June on the subject of Responsible Government, and calls for its full and immediate recognition in practice. In reply, the Officer Administering the Government assures the House of his sympathy with their wishes for the complete establishment of Ministerial Responsibility as part of the Constitution of New Zealand ; and to the furtherance of this end, by means of altering the Constitution in a constitutional manner, he tenders to the House his unqualified assistance, by assenting to any Bill which they may pass for that purpose, and most earnestly requesting that the Imperial Government will give effect to its provisions. In the meanwhile he refers the House to his Message No. 25, and once more assures them, not only of his readiness, but of his most anxious wish, to concur with them in immediately giving to the principle! of Responsible Government the utmost practical effect, not exceeding his powers under the Constitution. Short of any violation or evasion of the Constitution Act, he is ready to comply with any proposal that the House may see fit to make to him. With this view, he is now only waiting for an answer from the House to his Message, No. 25, in order to devote himself to the business of forming an Administration as responsible to the two Houses pof the Legislature, as it can be made without infringing the Constitutional law by' which the House and himself are equally bound. H. H. Wynyard, Officer Administering the Government. Government House, Auckland, Bth August, 1854. On the motion of Dr. Moneo, the following address to His Excellency was carried in answer to message No. 25. To his Excellency the Officer Administering the Government of New Zealand. May it please your Excellency,— We, the Commons of New Zealand, assembled in the House of Representatives, beg leave to acknowledge, with sentiments of deep and sincere respect, your Excellency's very important Meesage (No. 25) on the subject of recent changes in the Executive Government, and the relations between your Excellency and the Legislature. We can assure your Excellency of our earnest desire to give thd*earliest.cousidei*ation to whatever matters may be submitted to us by or on behalf of your Excellency ; but in approaching the subject of the Message in question our attention has been, in the first instance, directed to incidental matters, to which we feel ourselves imperatively called on to advert. The fact has been stated in this House by a membex in his place that the Message in question has been presented to this House under his advice, he not being a sworn member of your Excellency's Executive Council. The fact has also been stated in this House by the same member in his place, that under the present critical circumstances of the Colony, and in reference to matters of the gravest importance relating to the Executive Government, your Excellency is acting under the sole and exclusive advice of that member, without and apart from those members of your Excellency's Executive Council, who are sworn to advise your Excellency rightly, and who alone are responsible for the advice they may give. The fact has also been stated in this House by the same member in his place that in a

political crisis and in reference to affairs demanding deep knowledge and careful consideration of the law, your Excellency is acting under the advice of that member, withouttheadviceand opinion of Her Majesty's Attorney-General. We have heard the statements referred to with alarm as tending to compromise the honor of your Excellency's Government, and fraught with peril to the colony. Assuming the facts so slated to be true, we humbly, but most earnestly pray your Excellency to take this our respectful remonstrance into your serious consideration. We can assure your Excellency, with the utmost sincerity, of our anxious desire in all things to mark our high respect for your person and office; at the same time, charged as we are with high constitutional privileges, involving corresponding duties, we dare not hesitate to pray your Excellency, at this serious crisis of affairs, to have recourse to the advice of your Executive Councillors who, by Her Majesty's Instructions and the rules of the Constitution, are appointed as your Excellency's advisers in all matters of importance ; councillors who are sworn to advise your Excellency rightly, and who will be responsible to Her Majesty, to your Excellency, to this House, and to the Colony for the advice they may give. Without presuming to question your Excellency's undoubted right to exercise, under ordinary contingencies a free and unbiasssed judgment upon matters of Government policy, we, nevertheless, cannot but regard the subject of your Excellency's Message, involving, as it does, "the relations between the Executive and the Legislature, and affecting the whole state of political affairs at the present moment, us matters of such importance as to be unfit to be confided to an unofficial and irresponsible adviser, but rather as demanding recourse, on your Excellency's part, to your Excellency's sworn constitutional advisers. In the meantime we respectfully assure your Excellency that we will, at the earliest moment, proceed to consider the subjects referred to in your Excellency's Message, with an anxious desire to co-operate with your Excellency by all constitutional means in averting the difficulties and dangers at present impending over the Colony. The following address was to be moved when the " Nelson" left Auckland last. Tuesday, August 15. notice of motion. 3. Mr. Fitz Gerald—To move that his Excellency's Message Nos. 25 and 26 be taken into consideration, and that this house do adopt an humble address to his Excellency the Officer administering the Government, in reply to the same, as follows:— To His Excellency the Officer Administering the Government of New Zealand. . We, the Commons of New Zealand in the House of Representatives assembled, humbly beg leave to address your Excellency in reply to Messages No. 25 and 26, presented to this house, on the subject of recent changes in the Executive Government, the relations between the Executive and the}; Legislature, and other matters of general policy. We beg to repeat the assurance of our high respect for your Excellency's person and office, of our anxiety to co-operate with your Excellency in measures requisite for the public service, and of our earnest desire to reconcile unhappy differences which threaten the peace of the colony. We trust that your Excellency will receive this our humble address as conceived in that sp'uit, and intended as far as possible to promote those objects. Turning to the subject of these Messages, we venture to remind your Excellency that the first act of this house, upon commencing its practical work, was to resolve, after careful and lengthened deliberation, in favour of the immediate establishment of the Executive Government upon the basis of Ministerial Responsibility. We do not repeat arguments which appeared to us, and were admitted by your Excellency to be conclusive as to the wisdom and necessity of that policy. We embodied our sentiments in a respectful address to which we received a reply, conveying the assurance of your Excellency's intention " to approach the consideration of the subject, with a sincere desire to give effect, as far as might be in your power to do so, to our views." Your Excellency now assures us that at that time

your Excellency's resolution was limited by the condition that " while fully admitting the principle, you should give immediate effect to it only so far as you could do so constitutionally : and that on examination of the Constitution Act and Koyal Instructions your Excellency was led to believe that those instructions absolutely precluded you from establishing Ministerial Responsibility in a complete form, and in particular by forbidding you to disturb any tenure of office derived from her Majesty's Sign Manual, until you should receive from her Majesty express direction or permission to set aside appointments made by Herself." Youv Excellency further states that such, opinion as to the limits of your power was distinctly made known to those gentlemen who subsequently became members of the Government.

We cannot but express our sincere regret that such your Excellency's resolution and opinion was not from the first made known to this house in a more clear and distinct form. So far as we understand your Excellency as meaning that the present holders of office could not be removed, against their will until pensions should have been secured to them, this house has throughout assented to your Excellency's views, and governed its proceedings accordingly. But we understand your Excellency's meaning as now conveyed to us, to have a far wider scope —that your Excellency considers yourself absolutely precluded from asking or even accepting the retirement of those officers without permission from her Majesty, although the interests of the public service may imperatively demand their retirement, and though pensions may be secured to them. We venture respectfully to express our dissent from that opinion, one which appears to this house to be at variance with all usage and law, inconsistent with the spirit and against the letter of the Constitution Act —one which has never before been suggested to this house by your Excellency on your Excellency's behalf — one alike derogatory to the dignity of the Government itself, and subversive in the highest degree of the interests of the public service. This house certainly never understood such to be your Excellency's meaning—nor would it have become a party to an arrangement founded on that basis. It is believed that the one great difficulty lay in the necessity of first securing pensions to "the retiring officers. That difficulty was fully laid before us by your Excellency's late advisers in the house, and fully recognised by us. Beyond this we do not perceive in the Constitution Act, or in the Eoyal Instruction?, or in any of the Documents appended to your Excellency's Message, anything leading us,_by natural inference, to conclude that the question of establishing Ministerial Responsibility in its completeness must be referred to England. Had reference to England been intended as a condition precedent to the concession of complete Responsible Government, we cannot but think that in justice to this house that condition should have been distinctly stated. It would have effected and probably reversed the whole course of proceedings in this house and of its general policy, as the disclosure of it must do even at this late period of the session. A.s to that partial and provisional anangement by which three members of this house accepted seats in the Executive Council without office, for the purpose of carrying on the business of Government in this house, and as a preparatory step, we could not regard it as more than temporary or as intended to last longer than the present session of the Assembly. Its nature was so explained to us by those gentlemen in this house who were the immediate parties to it, and we looked forward with certainty to a new and permanent arrangement before the session was ended, based on the complete establishment of Ministerial Responsibility.

It was a matter of high gratification to this House when the furtherance of what we were led to believe the arrangement come to by your Excellency, three gentlemen possessing our confidence, were appointed members of the Executive Council, under taking to represent the Government, and to conduct the Government business in this house. Those gentlemen proceeded to carry on the business of Government in this house in a manner calculated to retain its confidence, which they have never forfeited. Various measures were introduced by them, the object and effect of which was in many particulars to confer large powers on the Executive Government, and in the course o^

the passage of such measures this House received assurances from time to time of those gentlemen, holding as they then did the position of jour Excellency's responsible advisers, that the powers sought to be conferred would, in accordance with the arrangement come to, be exercised by an Executive Government completely responsible to this house, and enjoying its entire confidence, so that in effect thejffull principle of Responsible Government would be brought into action before or immediately after the termination of the Session. Relying on such assurances this house agreed to many of such proposed measures, which have been forwarded through several stages. In particular a Bill for regulating the future management of the Public reserves, has gone through both houses of the Legislature. A Bill for regulating the disposa\ of Waste Lands of the Crown, has gone through all its stages in this House, except the third reading, the principle of that measure having been affirmed continually by large majorities. A bill for settling on a definite basis the respective powers of the General and Provincial Governments under existing laws has passed through all its stages in this house. A bill for settling in like manner the principle of apportionment of public [revenue between the General and Provincial Governments, has passed through all its stages. ;A bill having for its object the establishment of the Executive Government on the basis of Ministerial responsibility by altering the tenure of the principal offices, has gone through a second reading. That bill has only been delayed for want of the financial estimates, the cause of that delay being solely attributable to your Excellency's executive officers, who appear in this particular, as in others, to have made insufficient preparation for the work of the General Assembly. Other measures of minor importance are under consideration. This house cannot but advert to the foregoing statement of business transacted by it, as vindicating it from the charge seemingly implied by your Excellency's message, that it has legislated only upon insignificant subjects, and in a trifling way. Even had such been the case, an apology might have been found in the circumstances that your Excellency's executive officers had failed in preparing materials for legislation, and those late members of the Government who hold seats in this house have not only been obliged to conduct the ordinary Government business of the House, but to mature and actually prepare the legislative measures brought before it, a circumstance of which this house may justly complain in replying to what they cannot but regard as your Excellency's reproof. Setting aside this incidental 'point, the important fact to which we would draw your Excellency's attention, is that the legislative measures brought before this house by your Excellency's late advisers, were of such a character that this house would not have acceded to them, except in full reliance upon the complete establishment of Ministerial Responsibility by the retirement of the present holders of office, when inquired, a reliance resting not only on published and official documents, but on assurances given to us by your Excellency's representatives in this house that such would be the case. The necessity of such change has been made apparent from the actual state of the various departments of the Executive Government, and the condition of public affairs as disclosed in the course of the business of the Session. There appears to be no systematic plan for the management of Native affairs or for effecting purchases of land from the natives ; the Department of Finance is without order or arrano-e-------inent—nor so far as we can learn, is there any effectual check over public expenditure. The Waste Lands Department requires thorough reorganization ; not merely from its defective state, but in order to adapt it to recent changes. Complaints are heard from many quarters of the state of the Survey Department. There is no effectual system of Public Audit, and a difficulty is experienced in ascertaining the real state of the public accounts. Owing to this state of disorder and inefficiency, this house cannot, at tins moment, ascertain the true state of the Colony s outstanding liabilities. The accounts laid before us shew wide -discrepancies between the actual condition of the public finances and that stated in your Excellency's opening address. Charges hitherto unknown to the public have jeen hitherto incurred which threaten to absorb the larger part of the territorial revenue of the faomhem Provinces. Debentures on the public revenue are stated to be outstanding, issued

without authority of law ; claims ou account of old debts; exceeding in, the whole £100,000 still hang over the colony : a large mass of old land claims remain unsettled, as it is alleged by default of the Government, and little or no progress has been made towards setting at rest disputes arising out of old land grants which it is feared may give rise to Native disturbances. Not only is there difficulty in ascertaining the extent of charges on the territorial revenue in the form of land scrip; but the issue of land scrip appears to be without any effectual check, control, or limit. A large per centage of the territorial revenue has been bargained away to the Natives without legal authority; Public Reserves have been improperly alienated ; the Native Reserves are without regulation by law.

To sum up the case, the whole organization of Government has appeared to this house in a state of weakness and disorder demanding strong and immediate measures, both for restoring it to healthy and vigorous action, and for adapting it to the recent Constitutional changes.

Under existing circumstances the present officers of the Executive Government cannot, in the judgment of this House, continue to direct public affairs so as to satisfy the colony or win the confidence of the legislature. They have been hitherto merely the instruments of a system of arbitrary rule, nor can it be expected that officers under whose management disorders and abuses have grown up should be ready and proper instruments for correcting them.

Permit us to assure your Excellency in the most earnest (though, we trust, not disrespectful) language, that the interests of the colony demand an immediate change, and in accordance with those pledges which we have referred to as having been given in your Excellency's name, we pray you not to interpose any obstacle in the way of the accomplishment of so desirable an object.

We, for our part, are ready to fulfil so much of jthe engagement as belong to us; we are prepared to secure to the retiring officers suitable pensions, and upon receiving your Excellency's assurance in reply to this Address that those gentlemen will no longer stand as an obstacle in the way of the public service, we will forthwith pass through our house a measure for securing such pensions. That being done, the compact made between your Excellency and this House,one of which in honour, no less than from considerations of policy, we ask the fulfilment.

Your Excellency will observe that in the foregoing appeal this House has carefully guarded itself against touching upon those controverted question between your Excellency and your late advisers in this House, to which your Excellency's message refers. We have studiously and intentionally drawn that line which it appears to us fitting on our part to observe.

The compact made by your Excellency with this house is one distinct from all private understandings and arrangements between your Excellency and your individual ministers. Our claim on your Excellency rests on no such grounds. It vests on published and official documents, interpreted and explained to us openly and publicly by your Excellency's responsible advisers in this house, upon the faith of which compact the whole business of legislation has proceeded during- this session. In truth we do not think that matters of personal controversy between your Excellency and your Ministers ought to be* brought before this house as if for judicial decision or arbitrament. This house is an unfit body to determine such questions, whether as a court of honour, or as a judicial tribunal. It has no means of ascertaining accurately the true facts. It can but listen with deep pain to controverted statements of fact on either side. To arbitrate as your Excellency would seem to ask of this house, in such a matter, is an office which we respectfully decline ; and we cannot but express our regret that your Excellency should have been advised to make such an appeal.

We venture thus unreservedly to address your Excellency in reference to the terms of your Excellency's Message, because it has been publicly announced to us by Mr. E. G. Wakefield, a member of this house, that that Message was prepared and presented to this house under his advice; that he is alone responsible for it; and that he alone has been your Excellency's adviser in this matter. We trust we may be pardoned under these circumstances for expressing our sentiments in reference to that Message in

other language than if it had been the sponta neous expression of your Excellency's own mind dictated by your own unbiassed sentiments of honour and generosity.

Having thus ventured to submit to your Excellency arguments grounded on the consideration of past and existing circumstances, we turn to the future, appealing to your Excellency under a deep and solemn conviction of responsibility which rests no less upon your Excellency than upon ourselves under the present critical position of the Colony. Dismissing all that has passed, we pray your Excellency to look at the question as now standing on new ground and surrounded with new circumstances, and' therefore justifying new concessions. Will your Excellency deem it wise to return to the original state of things, and to attempt to carry on the Government with your present Officers against the declared judgment of this house' and the general opinion of the Colony ? As' suming this house to be prepared to place at the disposal of such a Government the requisite supplies for the public service, we pray your Excellency to consider how powerless it would be to contend against the difficulties with which it would be surrounded. As it would not command the sympathy or respect of the Colony, how unable it would be to exercise due control over the Provincial Governments, and unsupported by a popular General Legislature, or by public opinion, it would be certain to fail in any struggle with those bodies, and in that failure may be involved a loss of influence on which the unity of the Colony depends. How unable such a Government would be during the short remains of its precarious existence to originate and execute those measures of organic reconstruction of which we have shown so great and such immediate need. Besides this, the Empire is involved in foreign war, the effects of which may reach even this, its remotest dependency, whilst recent occurrences prove that we are not entirely free from the risk of native disturbances. We pray your Excellency to weigh seriously, and by your own decision to avert momentous evils which may spring from a feeble, unsupported, and unpopular Government at such a crisis.

We have not overlooked the fact referred to by your Excellency of the temporary nature of your Excellency's tenure of office. But your Excellency, on the other hand, must pardon u$ for reminding you, that the demand of Ministerial Responsibility was one of the obvious incidents of the assembling' of a popular Legislature ; and that in calling us together, your Excellency to some extent, bound yourself to follow out that measure to its natural consequences. The temporary and provisional nature of your Excellency's tenure of office is indeed an argument the force of which wo recognise in estimating your Excellency's claims on our sympathy and gratitude; but not as a ground of relief from the duties of your position. Under grave circumstances like the present the interests of the colony are the one paramount consideration, and with that object in view, we know not how to draw a distinction between the relations of the Governor de facto towards the colony, whether he be a permanent or temporary administrator of the office, nor can we recognize any difference arising out of such distinction, in the nature or degree of the duties and responsibilities which must grow out of such relations.

Before determining this our last appeal to your Excellency on this subject, we pray your Excellency to bear iv mind that we ask no more than the application of a principle of policy fully admitted by the Imperial Government us applicable to colonies in which popular Legislatures have been established on the basis of complete representation. The recent cases of Jamaica and Newfoundland in which it has been applied under the express direction of the Imperial Government (we venture to urge) maybe assumed by your Excellency as safe guides in the present instance. We trust that your Excellency will 'pardon this our apparent importunity. We have felt called on thus to lay our sentiments before you without reserve no" less from motives of duty to your Excellency as founded on a regard lor the interests of your Excellency's Government of Pier Majesty's Service, and of the Golonv, than from a deep sense of our own responsibilities and an anxiety to discharge our own consciences in this matter. And in conclusion we humbly beg that your Excellency will be pleased to give clue weight to arguments founded on considerations of justice, policy, and duty, and

so far as in you lies, to rescue the colony from its alarming difficulties by acceding to our reiterated prayer, for the immediate establishment of the Executive Government on the basis of complete Ministerial Eesponsibility.

We hope that the calm and temperate tone of this last address will have the effect of opening the eyes of his Excellency to the constitutional feelings and desires of the majority of the House of Representatives.