CORRESPONDENCE.

Lyttelton Times, Volume IV, Issue 193, 6 September 1854, Page 2

CORRESPONDENCE.

[advertisement.] To She Electors of the Christchurch Country District. Fellow Colonists and Bbother Electors, —A crisis of the utmost importance has occurred in the political affairs of the colony. I will lay before you my impressions with regard to the circumstances attending it, and give you a brief account of my past conduct, and of my intentions in relation thereto. At the commencement of the Session, the House of Representatives gratefully thanked Colonel ■ Wynyard for having, although only temporarily filling the place of the absent Goyernor, called the Parliament of New Zealand togethei, and for the speech with which he opened that Parliament. Mr. Fitz Gerald, as . the only Superintendent then in the house, was requested by a large number of the members to move the address of compliment and thanks ; which was seconded by Dr. Monro, of Nelson, and carried unanimously. .. . « The next step of the house was to request }hs Excellency's early and serious consideration of the necessity for establishing Ministerial "■ Responsibility in the conduct of Legislative and Executive proceedings by the Governor ; thai is to bay, a; plan of Government under which, as in England, all the powers of the head of the Government should be exercised by the advice of the holders of the principal offices in the colony ; one or more of such officers having seats in each house of the Legislature in order to conduct the business of the Government through then?, and all being liable to lose office whenever they might not possess the confidence of the Legislature. Myfather, Mr. Edward Gibbon Wakefield, was requested by a Jarge number of the members to bring-this subject before the House of Representatives, on account of. his familiar knowledge of the subject itself, and also on account of the practical part he had taken in its introduction in other colonies. He acceded to the request; and, afterthree days' ample discussion, the expediency of the principle was affirmed in a resolution by a majority o<" 29 .to ,1. ,■ . ; It deserves notice, that Mr. Forsaith, the solitary opponent of that resolution, objected,not to the principle itself, but to the endeavour to procure its immediate establishment, which ,he asserted to be impracticable, without a violation of the Constitution Act, until-reference should have been made to Her Majesty's Government at home. On the motion for. conveying to his Excellency the wishes of the house, another member, Mr. O'Brien, a member of the 'legal profession,joined Mr. Forsaith, in opposition to it on the same grounds. His Excellency showed an-evident desire-to be prompt in replying to the house, by consulting , the;_ Attorney-General as to how fair "the Constitution Act would allow him to comply with their wishes, even before they were formally signified to him. ■:-.- .. ■,:■;■ ;. The Attorney-General gave a very clear and decided opinion on June 5. He says that the Constitution Act, and certain Royal instructions jyliieh that Act declares lo be law, positively preclude the. Officer administering tlie Government -from accepting the resignations of such of the present holders of office as were appointed by her Majesty, until leave shall have been obtained from home so to do. But he adds that there can be no objection to appointing, in themeanwhile, certain members of the Legislature to seats in the Executive Council provisionally, •until, her Majesty's pleasure shall be known ; on the understanding that they shall hold those seats only so long as they may possess the confidence of the Legislature,'and that his Excellency should give them his confidence and cordial support. This opinion will be found at full length, as Appendix No. 2 in th.c New Zealand Government Gazette of the 9th August, Vol. 2, No. 10 ; copies of which I understand have been circulated amongst you. Pii the 6th of June, the Address of the House of Representatives, submitting their desire for Responsible Government, was sent to the Officer administering tlie Government. The next day, his Excellency assured tbe house of his " sincere desire to give effect as far an it rnny be in his power to do so, to the views of ihe bouse ;" and the house recorded the expression of its " highest .satisfaction with £he Message this 'lay read." Qn the same day Mr, Fit? Gerald and Dr.

Monro announced that his Excellency had sent for them, as the mover and seconder of the first address of thanks to him (before Responsible Government was mooted), and had invited them either to take seats in the Executive Council, or to recommend to him other members, to be three in all, who might possess the confidence of the house.

On the 15th of Jiiue, Mr. Fitz Gerald, Mr. Sewel], and Mr. Weld of Nelson, announced that they had accepted seats provisionally in the Executive Council; that they were prepared to submit to the Legislature, and to advocate, a certain line of policy ; that his Excellency hod given them his entire confidence and access to the Government offices; and that further arrangements would be made at some future time, which from motives of delicacy they could not then accurately define, for the holding of all the principal offices of Government by persons enjoying the confidence of the Legislature. The announcement was at that time considered somewhat unsatisfactory on account of the, provisional and undefined nature of the arrangements ; but the correspondence which * had : passed between his Excellency, the holders of office from her Majesty, and Mr. Fitz Gerald, on the 10th of June, and which was laid on the table of the house on the 27th of June, sufficiently explained that Colonel Wynyard granted as large an instalment of Responsible Government as he felt that he was warranted in doing by his duty towards the Crown, until he should have obtained her Majesty's approval of what he had done, and her permission to take any further steps in that direction. The house, indeed, before seeing those documents, took it for-granted that this was the .case; for, on the gist of June, it unanimously prayed his Excellency to " accept an expression of the high satisfaction and deep sense of obligation towards him, with which it regarded his prompt and unreserved compliance with their desire." In moving the adoption of that address, Mr. Edward Gibbon Wakefield took the occasion to review the proposed Ministerial policy ; suggesting rather in the way of friendly - criticism than of hostile spirit, both that parts of the policy fell short of his expectations, and that, in,other respects, it appeared too comprehensive for the short space of time in which it had been formed, and too extensive for the imperfect means of execution at the command of so provisional a ministry. He -gave entire credit, however, to the Officer administering the Government for having done his part completely ; and promised support to his new advisers so long as they should not propose anything opposed to principles from which he could not depart. In all these sentiments and opinions, ■1 cordially concurred with my relative, I cannot now describe in detail the proceedings of. the next six weeks. Mr. Fitz Gerald and his colleagues brought forward many of their promised measures ; and although some of them differed in some respects from the original programme, the new Ministers were supported by large and daily increasing majorities in the House of Representatives. I thought it my duty on several occasions to offer a conscientious opposition to their proceedings, and I shall be prepared, on my return to Canterbury, t<> explain the refisons which guided me, should any of you request me to do so. I may briefly observe, however, that I experienced and expressed a decided objection to the practice generally followed by them, of legislating without, as I thought, a sufficient supply of information on the subjects of. legislation, and without giving sufficienc opportunity of fully discussing the principles on which laws were to be founded. In this course the Ministry were, however, supported by the majority of the house. Many of the members, having come from a great distance, and being anxious to return soon to their homes, naturally preferred a brief review of laws prepared for them, by three members in whom they reposed general confidence, to a full preliminary consultation as to the principles on which those laws were to be framed. I must add, that another objection in my mind to their policy was, that, on the most important subjects of legislation, they did not invite the House either to make definite laws itself, or unreservedly fo delegate the power of making laws to the Provinces: hut. proposed that the House should give the Governor and Executive Council almost unbounded powers, not only to administer the laws, but to make ;h< in, and to hand over to the Provincial Governments only

such power as they, the Executive, should tiijftk fit. I should have objected under any ciySsk. \ stences to give a Governor and Executive Council the large powers asked for. Still more did I shrink from consenting that such powers should be given to an avowedly provisional Government, whose members hardly seemed to know their own position, and certainly abstained as long as possible from clearly explaining that position to the house. On such occasion the new Ministers constantly assured the house that the powers would be exercised by a completely responsible Government. But those members who, like myself, had carefully perused the correspondence of the 10th June, and the Warrants under which the old officers hold their places, laughed at the assurance as not founded on a correct representation of his Excellency's views. Suddenly, ,on the 2nd of August, without any previous intimation to the House ; —before any Bills had become law ;—these three gentlemen declared that they had resigned their seats in the Executive CounciJ, because hi& Excellency had refused to grant a further measure of Responsible Government.

His Excellency immediately sent for Mr. Edward Gibbon Wakefield, as having been the chief promoter of the original request for Responsible Government, to advise him in the critical state of affairs. On the 3rd, His Excellency announced by Message that he was preparing a full explanation of his views and wishes in the matter, which would be ready for delivery on the sth, The Ex-Ministers, however, backed by a majority of members, in a state of excitement, began an attack on His Excellency's conduct. Mr. Sewell moved a Resolution to the effect that " ministerial explanations should be made by word of mouth only;" thus virtually refusing to acknowledge His Excellency's right to communicate by message with the House. This was.carried in spite of all remonstrance, by 26 votes to 8. '•"■..- Mr. Fitz. Gerald.then entered into a so-called explanation of the. circumstances under which he and his colleagues had resigned. He confined himself, howeveiyto a statement of their side of the disagreement; reading to the house the. " confidential .Memorandum", (marked A. or No. 7, in the Gazette to which I have alluded) signed by those gentlemen, but not mentioning his Excellency's reply. " Mr. Woytley immediately jumped up, and moved the suspension of the Standing Orders, so that he might propose a motion without the usual notice. This departure from the ordinary rules having been at once agreed to, Mr, Wortley moved a vote of confidence in the late ministers, thus pledging the house to support them in a difference with his Excellency, of which it had not heard both sides. Another member, Mr. Picard, rushed to his feet to second thp motion. Both members lavished unqualified praise on the ex-ministers, and excited the sympathy of the house for them as most excellent and deeply-injured individuals. Not till then did Mr. Edw. Gibbon Wakefield, obtain an opportunity of making a statement to the house by authority of his Excellency: although Mr. Fitz Gerald had been informed by letter, before the meeting of the house, that he had such an authority ; so that he might easily have prevailed on his staunch supporter, Mr, Wortley, to have delayed the pre-concerted -motion entrusted to him until some statement on his Excellency's behalf should be before the house. My father then read his Excellency's reply to the " Confidential Memorandum" (which reply is marked No. 13 in the Gazette before-mentioned) : and statedhis own.position to be that of a .mediator, with a view to some accommodation of the matter by his Excellency and the house, which should lead to a conclusion, satisfactory to the country. His entreaties that the house would reflect carefully, and not decide before having all the documents bejjjre it, failed to make any impression on the e>^£iiinisters and their supporters. Much declamtalon ensued, in a tone, not only intemperate and excited, hut frequently disrespectful towards his Excellency. Mr. Travels, when alluding to some matters bearing on the subject, but not pleasing to the majority, w;is put down as out of order. The total absence of temper, and the disregard for decorum, which now prevailed, induced several members, of whom I was one, to leave the house; as our opposition only increased the irritation,.and we , were.', determined not to prejudge the' question. Twenty-three members agreed in the vote of'confidence ;

■> ■ — and afterwards Te-asserted tlie resolution, passed w by the house on the 6th of June, in favour of .'Responsible Government, with the addition of a demand for its immediate and complete establishment. This was. transmitted to his Excellency on the iu jxt riay. On Saturday the sth, his Excellency's promised message, (No. 25) was received and read. It forms the main portion of the Gazette which I have mentioned as circulated amongst you. Let me beg of you to give it, and the important documents which accompany it, an attentive perusal. The consideration of this document has been postponed by the House, on one pretence or another, until this very day, ten-days after its receipt; and 1 am writing, in order to save the steamer's mail, before the discussion on it has taken place. In the meanwhile, however, the ex-ministers and their supporters have sufficiently shewn the spirit that guides their councils. They have lost no opportunity in dragging in partial discussions of the questions incidently to other matter, such as motions for printing the message, &c.; they have endeavoured to put aside the message itself, by raising a separate complaint against his Excellency for having consulted an unsworn and irresponsible adviser in the person of my father, —which he was perfectly justified in doing, both by law and by constitutional usage ; and they have refused to proceed with any business until their demands are complied with. The Legislative Council, to whom message No. 25 was also communicated by his Excel- ■ lency, took three or four days for perusal of the documents ; and then, after discussion, adopted almost unanimously, a courteous and temperate address, approving of his Excellency's proceedings. The only dissentient member, the Hon. Mr. Bartley, was one of the defunct ministry. The almost universal opinion among the public of this town and neighbourhood is, that his Excellency has done right. After a calm and deliberate consideration of all the official documents contained in the Gazette of the 9th of August, and also of the statements made by Mr. Fitz Gerald, Mr. Sewell, Mr. Weld, and Mr. Bartley, T have formed a decided conviction that it is not my duty to sustain them hi their difference with the Officer administering the Government; and for the following reasons, viz.:— Ist. The agreement originally entered into by his Excellency on the JOth of June, together with the concessions since made by him, in appointing a fourth member of the Executive Council, and in offering to accept the resignation of the Colonial Secretary, and to place that office-at.-the disposal-of the new ministers, constitute as full a measure of responsible government, as his Excellency can agree to, without violating the Constitution Act and the Royal Instructions which m;ikes it law. 2udly. ■ His Excellency has most frankly and faithfully performed his part of that agreement, never deviating from its fair interpretation; \ 3rdly. His Excellency has persevered, throughout .the discussion of these matters, a calm, conciliatory, and forbearing spirit and language. 4thly. His Excellency has expressed bis unaltered attachment to Lite principle of responsible government, and has declared his detenni- - nation to forward its ultimate establishment in completeness by all the constitutional means in his power. othly. The ex-ministers seem to have understood the original agreement in the same manner as his Excellency. If they did not, they are to blame for so long concealing their misunderstanding of it from the house. 6thly. Their present demands are totally at variance with that agreement; and, moreover, they cannot legally be complied with by his Excellency. --**■' 7thly. They, and their supporters, have atng«mpte"d to justify those demands by statements "^as to the actual condition of the colony, and as to the results of a refusal, {which are not only contrary to fact and probability, but which wear the form of menace towards the Head of the Government, and the representative of the Crown. Slhly. The manner and language of those demands, and of all their proceedings in relation thereto, are characterized by extreme haste, anger, indiscretion and injustice, and utter disrejrard for the real interests of the colony. 9thly. They have expressed a determination

to impede all public business until their demands be granted. lOthly. All th»se circumstances are calculated to weigh with H. r Majesty and the Home Government, in refusing t" comply with any prayer whiou we may addles to the Queen, for the sanction of a complete system of Responsible Government. I need hardly say that I am as much attached as any man to the principle of Responsible Government itself, and that I ardently desire to see it established in its integrity in this colony. But I wish to see it established on the firm footing of law and constitutional riglit,— not by means of unbecoming threats and in defiance of law. I believe that, in asserting that opinion, I am faithfully representing your loyal attachment to the law, and the manly moderation by which you are distinguished. I shall, therefore, support such an address in reply to his Excellency's message, as shall confirm him in his sense of honor and duty, and maintain the dignity of his office, as Her Majesty's Representative. My explanation lias been necessarily long, and perhaps tedious ; but I have felt all the more called upon to address you as fully as possible on this occasion, because I am the only one of the five representatives of the Province of Canterbury, who has taken the above view ; Mr. Fitz Gerald and Mr. Sevvell being two of the ex-ministers, while Mr. Worlley and Mr. Moovhouse have steadily fsuppovted them and entirely approved of their proceedings in the matter. So that you will probably hear the other side of the question from many persons. Let me urge you to- consider the whole question with calmness and deliberation, before pledging yourselves to any decision one way or the other. Believe me to be, Your very faithful and obedient servant, E. Jernxngham Wakefield. Auckland, Aug. 15, 1854.