THE PRIVILEGE CASE.

Mount Ida Chronicle, Volume VIII, Issue 448, 17 November 1877, Page 3

THE PRIVILEGE CASE.

IThe dispute between Lord Normanby and (the House of Representatives, in relation to jthe positum of Ministers when the Governor .'of -a Coloriy. takes uppn himself 'the (responsibility the advice tenhimlif the'exercise o'fpat.ronag • for jijjeged, ' is not artog-thiir jwithout' preeedetrt.'.- 'j he. ■' reasons,-' 5 however, (are '■ unprecedented: ,\V e know of ,naroa e ;where.a Governor of a Colony, in possession jof.reaponsrfble .governmenjs,'*ha9' grounded a. irefu3at of his Ministers' tkiviee upon the fact of a no confidence motion being in debate. It has been reserved for his Lordship to be., the first Governor to commit so egregv-Toa! ablunder. '1 he reasons in themselves aitninnt to a condemnation of his own Ministers be-, fore judgment by their peers-. 1 o all inte.ht3 and purposes, the Cabinet haa ceased to «*'• ist before the debate has ended. To add, aa his Lordship did, the threat or bribe to the House—for it might be either—that he would accept the advice of his Ministers if they had a majority, was wholly inexcusable. The first duty of any Governor is to accord a fair support to his Ministers for the time being, and certainly to assume that they possess the confidence of the Legislature until it has been conclusively shown that such is not the case.

A somewhat similar case was referred to in the debate. In November, 1843, a difference arose in Canada between the Governor (Lord Metcalfe) and hia Council upon a question of patronage,- which—led--to-4he retirement of the tnembera of the Executive Council, who were supported by a majority of the. Assembly. It was September, 1544, before a new Executive could be rortned, when almost immediately the Parliament was dissolved, and a sinali majority was obtained for the Conservative administration in the new Parliament by the personal interest of the Governor during the elections. Earl Grey points out the evil of the course then adopted, and states that '' though the difficulty of carrying on the Government was thus obviated for the moment, as the party int<i whose hands he (Lord Metcalfe) had thrown himself possessed a sinali majority in the Assembly, this advantage was dearly purchased by the circumstance that the Parliamentary opposition was .no longer directed merely against the advisers of the Governor, but against the Governor himself and the British Government, of which he was the organ.'' In the " Letters and Journals of Lord Elgin" the same story is told in slightLdifferent terms : " Towards the end of 1842, Sir C. Bagot found himself ob'iited by continual ill-health to resign, and he was succeeded by Lord Metcalfe—a man, as has been before observed, of singularly popular manners and conciliatory disposition, but whose views of government, formed in India and confirmed in Jamacia, little fitted him to dea' at our advanced age with the novel questions presented by Canada at this crisis. A quarrel arose between him and his Ministry ou a question of patronage. 'I he Ministers resigned, though supported by a large majority in the Assembly. With great difficulty he formed a Conservative administration, and immediately dissolved his Parliament. The new elections gave a small majority to the Conservatives, chiefly due, it was said, to the exertion of his personal influence ; but the success was purchased at a ruinous cost, for he was now in the position fatal to the Governor of a party man " The action of Lord i» ormanby is the more open to sharp criticism, for it is the very reverse of his previous relations to the administration when that administration was not repugnant to his personal instincts. In all his dealings with Major Atkinson and >ir .1 ulius Vogel he gave a firm support to Ministers—a support, indeed, so extreme as to expose him to the charge of undue partisanship To Sir George Grey's administration he accords no support Me even broadly tries to force them into a voluntary resignation. It is notorious that his advice is withheld, and in the now famous memorandum he invites the House also to withhold its confidence In this action Lord Normanby is flying in the face of the popular will, which is that Sir George Grey's administration shall have fair play. The ultimate result of such foolish action must be to defeat his Lordiihip's Conservative tendencies, and bring disrepute upon his administration. We cannot d.) better than quote from Earl Grey's instructions to Lord Elgin, who was removed from Jamacia to Canada shortly after Lord Metcalfe's death : " Clearly understanding, therefore, that refusing to accede to the advice of your Council for the time being upon a point on which they consider it their duty to insist must lead to the question at issue being brought ultimately under the decision of public opinion, you will carefully avoid allowing any matter not of very grave concern, or upon which you cannot reasonably calculate upon being in the end supported by that.opinion, to be made the subject of such a difference ; and if unfortunately such a difference should arise, you will take equal care that, its cause and the grounds of your own decision are clearly made to appear in written documents capable of being publicly quoted." 'J he reasons given by Lord Normanby are not capable of being publicly quoted with credit to himself as the representative of the Crown.

PARLIAMENTARY. (From the ' Otago Daily Times.') Mr. de Lautour's motion to give effect to the Goklrielila Committee's recommendation oa the petition of John Foley, of St. Bathan?, has been agreed to. In reply to a questioi from Mr. de Lautour, Mr. Macandrew said that if Wardens were not elected in De3ember for Kyeburn Hundred, the Waste Lands JJoard would frame a depasturing regulation It is reported that Sir (Jeorge Grey has applied to the Governor for a dissolution, and that his Excellency has taken time to consider befor° giving a reply. Overtures are said to have teen made by several members of the Opposition to support" the Ministry for the remainder of the session if Sir iJeorge <«roy would promise to retire at the close of it. These terms were absolut.ly refused. The Speaker's ruling on the poln' raised by Major Atkinson was looked for with considerable interest. As he took his seat a messenger placed a pile of books on the desk before, him and when all was heard that was to be said he gave his decision. He went throii'.;h all the precedents of the authorities which hail been quoted one by one showiri" the application aud effect of each, and as' point after point was decided in favor of Mr. Atkinson's motion, tbe leader of the Opposition left off gnawing his beard and looked almost happy, while Mr. Orniond rubbed his hands and exclaimed audibly " It's all runt " The Ministerial side did not look contented, but to those who knew the Speaker well there was something in his manner of "more to come." After going through all the details, he recapitulated' the points on which he ruled that Major Atkinson could make his motion on the first Order of the I'ay being called on. There was then a brief pause, followed by au emphatic ' bat," and in a moment the liopes of the Opposition were crushed by Sir vVilliam pointing out that the first Order of the Day was to yo into Committee, and that the moment this was called he was bound to leave the chair without putting any question. There were roars of laughter from the Government side, Major Atkinson being thus disappointed anil really foile i by his own over-oleverness in having made his motion contingent on the first Order of the Day. His followers looked exceedingly disgusted, and ho hunseif very black. There is a rumor current (writes onr cor9Mf>obdebtV bat I dw a«n Vj*>* *&et&er its

has any foundation, that in the event of a dissolution Sir George Grey will become a candidate for the City of Wellington. Of course his representing Wellington would be ;a practical guarantee against Separation, and •would entirely remove "the idea of his being 'inimical to Wellington interests ; while if he Iconld net in- here, and I think he would, a, jseat'would; be- wrested from the enemy, and ja great "'party triumph 'o'btWiiifcd/ ■ In Uuckijhmd his place/would be sun* to bfl tilled by a [fsupporter. . fciir. George Grey and his party had decidje<| to take a defeat on the last" waut-of-''etmftilevee nwtipu, and, fijjht the m»ner owt afterwards. Mt Owotga ba9 *n admirable precedent In the conduct of Mr. Pitt, in .1873, ~i0r. jet using .to resign tinder preseu t circntsatatwiea, ~eyen if defeated ou the pre .'sent abstract motion, and no doubt he will follow ii\ .Whether tho Governor will refuse him, a difisoliition ot not is another tiling. Certainly Lord"Normanby does not hive Sir George Grey, but the Wilson privilege case nltay make him very careful about pro okitig any direct fight if it can possibly be avoided" Sir Oeorge Grey will do his beat one way or the other to get the ri.ht of appealing to the country, and the Atkinson party will do their best to prevent this, for they knowthat they would not stand much show of a majority.at the ballot-boxes just now.

(Telegraphed by onr Wellington corrmponrfent.) . Wellington, November 10. Major Atkinson has not beeu able to brin<* on his second motion of no-confidence. Mr? Travers ties his hand. On Monday, in connection with the privilege question," he moves a censure upon Ministers. That will complicate matters, as no one much cares for a Travera Ministry. Major Atkinson threatened to postpone all business until he was allowed to bring on his motion. To give him a chance the Government put the Lands Bill first. However, the Opposition did not see its way to " Stonewall " that, and the House was engaged till one o'clock this morning in Committee on the Rill. Major Atkinson, by persistent blundering, is losing with all the trumps in his hand Govemuieut House is making great efforts to encourage and cheer the fading hearts of the Opposition. r l here are signs of their breaking up. The Canterbury men care for nothing but their ruiiS, and as soon as that Colonial question is Bettied tbey will take wing, leaving the Major to his own devices.

November 13. The House adjourned yesterdav afternoon for an ex-member's funeral (Mr. Ludlam). At7.3op.ui, when the House met, Major Atkinson moved the adjournment of the >iebatewi the privilege question, which shelved Mr. Travers' contingent motion of censure. This was done in deference to the Canter bury members, who were burning to bring on the Canterbury leasing clauses in the Lands Bill The motion for adjournment was carried after a hot debate bv a majority of one—thirty-eight to thirty-seven. This is practically the voting strength of parties, but the Government has possession, and the ex-Premier cannot bring on his motion. Practically the whole day was lost. The result of the angry feeling was not reached at all before 12 30, after which no n.w business can be brought on The Government party are not united as> to the desirability of a dissolution. A section would betray iSir George Crey if they could Sir George made a tine calm statement of our constitutional rights, in opposition to the claims made ou behalf of the Governor to set up the Secretary of State as our arbitrator.