THE DOMETT MINISTRY.

New Zealander, Volume XVIII, Issue 1726, 24 September 1862, Page 3

THE DOMETT MINISTRY.

We stated on Saturday that the Domett Cabinet was not complete, being minus an Attorney General. The deficiency does not yet appear to have been supplied, unless indeed it bo true that a legal firm in this city have undertaken the work in consideration of the £IOOO a year. Thehistoryofthe scratching together of the present Ministry is most pitiful ; without a recognized head, without a policy, without responsibility in the most important business of the Colony, mere clerks, of their own free choice, to Governor Grey—they might have secured from the public the same <<ood humoured toleration as a political pis aller which they have obtained from the Assembly—if only they had been able to preserve peace and a decent pretence fq cordiality amongst themselves ; but that.

it appears, was not possible. Even before the close of the session there had been a "regular shindy" and the Attorney-General, Mr. Seweli, was deliberately thrown overboard under circumstances which, to say the least, reflect no credit upon his honorable colleagues. Wo print below Mr. Sewell's own tale, as he told it in the Legislative Council. Should there bo another side to the story, tho public will no doubt bo glad to see it, if any one of the Ministry, or any one of their supporters who has a name, dares to stand forward and show it.

IN THE LEGISLATIVE COUNCIL, Saturday, September 13th, 1862.

MR. SEWELt's EXPLANATION OF HIS REASONS FOR RESIGNING THE OFFICE OF ATTORNEY-GENERAL. Mr. SEWELL said, —Sir, before the business of the Council eommences,you will probably allow me to make an explanation personal to myself. I have, up to this time, earned onthe business of the Government in the Council as Attorney-General. I have felt myself called on to resign that office, and I desire to state the circumstances which have induced me to take that step. I need not detain the Council by recapitulating all the circumstances connected with recent political changes, up to the time when my late colleagues, Mr. Wood and Mr. Ward, joined the Government. It will be remembered that, on a rather memorable night, in another House, those gentlemen gave in their adhesion to Mr. Domett's Government. Not being a member of that House, I of course took no part in that scene. But whilst it was taking place, and immediately afterwards, I was pressed by diffcreut members to follow the example of my former colleagues. 1 did not do so, Considering it wise to give the matter further consideration. 1 suspended my decision till the lollowing day. Ido not remember the precise mode in which my arrangement with Mr. Domett was come to; but in substance the arrangement was this: Mr. Domett offered me the Attorney-Generalship as a member of the ministry. I declined joining the ministry immediately, as I did not concur in their Natives Land Bill, and 1 was not satisfied as to their proposal for the Million Loan. I felt that'l should place myself in a false position by becoming a member of a Government, not being able to recommend their measures to the Legislative Council upon my own responsibility. I stated, however, to Mr. Domett, that should those measures become law, it would be everybody's duty to give effect to them as best might be; and that I should be prepared to give him my assistance, by joining the Government, at the end of the session. That arrangement was distinctly agreed to between Mr. Domett and myself, I announced it generally, and I believe the announcement had some political effect in inducing members to acquiesce in the ministerial arrangements. On the following night a resolution was adopted in the House of Representatives, which made an important change in the status of the Attorney-General. The House resolved that, under special circumstances, it might be desirable that the office of Attorney-General should be held independently of political party, by a person not necessarily a member of the ministry. I understood that one of the objects of the resolution was to meet my own particular case, as well as to provide for like emergencies. The House of Representatives having come to this resolution, I was immediately pressed, particularly by the then Attorney-General, Mr. Gillies, to accept office at once, inasmuch as he was obliged immediately to leave Wellington, and to vacate his office. 1 stated to him, and to Mr. Domett, that if it were a matter «f convenience to the Government, that the office should not be left vacant, 1 would undertake to hold it till the end of the session, independently and unpolitically; for the mere purpose of transacting the official work, with the understanding that, at the end of the session, I would join the ministry as before arranged. That was distinctly agreed to. It is impossible that there can be any mistake about it. I staled its efl'ect in the Legislathe Council immediately afterwards. Here is the report of what I said. I was careful about it, and revised the report myself. I will read it. [Mr. Sewell read as follows] : " Mr. Sewell explained that lor the present he had felt himself unable to join the Government as one of thcininistry,though he had, at their request, accepted the office of Attorney-General, but not as a minister. It would be readily understood that, under circumstances like the present, the measures proposed by the new Government might not be such as he could cordially approve of. Disapproving, as he did, of some of those measures, he could not take upon himself to come down to the Legislative Council, and recommend their adoption upon his responsibility. W the Legislature should pass them, and they should become law, it would be the duty of everybody, to the extent of his ability, to assist the Governor in carrying them into effect; and he should bo prepared, at the end of the session, to join the Government upon the usual terms." As to the accuracy of that report there can be no doubt. I called Mr. Domett's attention to it to-day, and he admitted its accuracy. Under that arrangement I conducted the official business of the AttorneyGeneralship; and I must state that, during that period, I satisfied myself that the position of an AttorneyGeneral, not being a member of the ministry, was essentially a false one; especially if there were other legal minds in the Government directing and controlling it, so that the Attorney-General could exercise no practical influence over the decision of the Government on the must important measures. It is a position which I would not hold under such circumstances. So matters continued till a few days ago. The Native Lands Bill passed through its legislative stages, so that stumbling-block in the way of my joining the Government was removed. As the session was about to close, I felt that the time was come when 1 should take my seat, in the Government. Accordingly I wrote to Mr. Domett the .following note:—

(copy.)

" Wellington, Sept. 10th, 18G2. "My dear Domett,—The questions being now disposed of which formed an impediment to my joining the Government, 1 shall be now ready to take my place with you so soon as you think it convenient. "It would, I think, be well that it should be done before the session terminates.

" Yours very sincerely, " (Signed) Henry Sewell."

To my surprise, I heard that a difficulty was raised as to the carrying out of the arrangement come to with me. I saw Mr. Domett, and found that the fact was so; and that some members of his Government would not agree to my joining the ministry. 1 felt that I could no longer allow the matter to remain in a state of ambiguity, and i accordingly wrote immediately to Mr. Domett the following letters, one enclosing the other:—

(copy.) "Wellington, Sept. 1 lth, 1802. "My dear Domett, —I send you a letter for your private perusal. You must come to a decision as to the Attorney-Generalship this morning. If you decide on my not joining you, please consider the enclosed as an official communication. If you decide otherwise, return it to me. •'Yours very sincerely, "(Signed) Henry Sewell." "My dear Domett, — With reference to my late proposal that I should join you in the Government, I regret to find that a difficulty is raised. Assuming this°to be the case, I feel that I should be in a false position, if I were to retain the office of Attorney-Ge-neral; and I must in that case request you to consider this as a resignation of my office. " You must, at the same time, pardon me forexpressing my very strong opinion that such a refusal on your part, will be a departure from the clear understanding come to between us, when I first joined you. "It was then certainly understood that I should join the ministry at the end of the session. The difference of opinion between us as to the Native Lands Bill prevented my doing so whilst that measure was passing through the Legislature. " I agreed to hold the office non-polUically during tlio session, as a matter of convenience to the Government.

" Upon these points there can be no possible misunderstanding. I distinctly announced this to the Legislative Council.

"As regards the Registrar-Generalship: ceasing to hold the oflice of Attorney-General under present circumstances, I should decline to hold any office under or in connection with, the present Government; and shall not do so, except in accordance with some expressed wish on the part of* the Government, or Legislature, that I should do so, with a view of bringing the Land Registry Act into immediate effect, with a full and < r eneraldiscretion as to the time, place, and manner, of bringing it into operation. I will take steps to ascertain the sense of the House of Representatives on that point. '• Believe me, yours very sincerely, "(Signed) Hknuy Seweli,." I may state that, as regards the Registrar-General-ship, independently of my objection to hold office of any kind, under, or in connection with, a Government from whom i have not received the treatment I was entitled to, I declined placing myself in subordination to Mr. Russell, either as Attorney-General or as a member of the Ministry. Indeed I could not hold the office of Registrar-General under such relations with a gentleman known to be adverse to that measure. To die letter so addressed by me to Mr. Domett I received the following reply—-

(copy.) " 12th Sept., 1562. "Mt bear Sewell,—ln reply to your note of this morning I have the pleasure to offer you a seat in the Cabinet; to be held of course in conjunction with the Attorney-Generalship. " Yours ever truly, "(Signed) Alfred Domett." To this I immediately answered as follows: (copy.)

"Sept., 12th, 18G2. "Mt peak Domett,—l very readily accept yout offer ot a seat in the Cabinet. " Yours very sincerely, "(Signed) Henry Seweix."

So I considered the (matter settled. I stated generally to members, anxious to understand my position, that the matter was finally and satisfactorily arranged. Yesterday evening, whilst in Council, Mr. Domett sent mo a message, requesting to sec me. I found that he was hesitating as to the fulfilment of his engagement with me. He urged me to assume my original position which I distinctly declined, and left him, begging that lie would let me know his mind by halfpast nine this morning; and whether he would fulfd his offer to me or not. I heard nothing from him at the time fixed, and between 10 and 11 I called on him, and found him still in the same state of mind. I informed him distinctly that I would not depart from the terms of arrangement come to. This morning, a few hours ago, being in another place, I heard a question on this subject put to Mr. Domett by Mr. Fox; and in reply, I heard Mr. Domett state officially, that although it was true that the offer of a seat in the Government had been made to, and had been accepted by me, yet that, subsequently, new circumstances had arisen which had re-opened the question—that the matter was under the consideration of the Government, and would not be decided on till Monday. I need scarcely say that under these circumstances, I felt it due to myself at once to resign the office of Attorney-General. I immediately announced my intention accordingly.