Message No. 25.

New Zealand Spectator and Cook's Strait Guardian, Volume IX, Issue 944, 19 August 1854, Page 3

Message No. 25.

" The Officer Administering the Government, with reference to the resignation of their seat"? in the Executive Council l>y Mr. FifzgeraKl, Mr, Weld', Mr. Sevvell, and Mr. Bartley, and in compliance with the promise made by'his Message of the day before yesterday, proceeds to explaitrto

the Legislative Council, as fully as the time will allftw/his views and wishes with, regard to the relations of ihe'E\p.cutive towards iru 1 twn Houses of the Lpgisliture during his acciden al and temporary administration olthe Government. Ha trusts ihdt tht Council,' 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 cal'ii and deliberate consideration as lip lias himself hestowed upon if. 'He begs of the Council to revert to the position in which he was placed* when his-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 was absolutely incumbent upon him to perform, ' were those of administering tl-e Government for a brief peridd ; thai is only for the purpose of maintaining the ordinary routine of public business until be should Le relieved l>y the anival of a re-, gulaily appointed Governor, not owitip; his authority to the accident of liis being the Senior Officer in command of the t»oop«,' but obtaiuingit ( from the. deliberate confidence of her Majesty. But the Officer administering tbe Government did not 1 confine himself within the safe and easy limits of attending only to established rbbiine. Impressed with a belief that the colony both tveded and desired legislation' without delay by the General Assembly; he took upon himself, contrary to general usage as respects the functions of mere administrators of colonial governments,' to convene the Parliament" of the colony. For having spontaneously incurred this unusual responsibility, the House of Representatives sawlit to convey to him an expression of their tbaiiks in the following words :—": — " Entirely appreciating the difficulty of your Excellency's position, and | the responsibility of initiating a course of policy I during your temporary administration of the Goj vernment, we d,esire to record our depp and lasN : | ing sense of the great benefit which your' Excel-' | lency has conferred' on' the colony 1 by convening the General Assembly at the earliest possible | period after it became "your ''duty to'asstirae the Government of New Zealand/ This' was said in answer to the speech by the head of the Governmenrwbereby 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, arid 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'vie'wed as practicable to ibis colony, were entirely new to the Officer Administering the Government, as, down to a time nol long preceding the convention of the Assembly, those principles had been to the thoughts of the colonists, with the exception of a veiy few of the most active political minds. When, however, that 'question was brought before him in a practical form, 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 th'e 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 byfhe condition that,, when fully admitting the principle, he should gi?e 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 place*, that the Act of the Imperial Parliament rnakes'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'sukject, whether in the Mouses 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 be 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 1 made them fully and distinctly' acquainted with bis- 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 airarigements were made, which are described by the correspondence that took place at the time,' a copy of which-, humbereti 4 and 5 is appended to this Message. Those 'documents were' laid before the House of Representatives,.' w*h'o', - after ample discussion of • the new Ministerial arrangements' -expressed to the 'Officer administering, the Government, by a forma"! address (No.> 6 in the ;ap~pendix - ) ihe- high I ' satisfaction and deep sense of- obligation towards- 'him with which they regarded his-'prompt and unreserved compliance with their desire 'that Minis-terial-Responsibility in the conduct of legislative and Executive proceedings by the Governor should be establiihed without delay. The practical limits of the concession 'of the p'rinci pie- were as Gordially accepted byUhe House as by. ibe-new Ministers themselves. - This 'arrangement, -completed on the 14th of June, appeared to give universal satisfaction; until, on or* about the 29ih June, the Ministeis asked. the Officer administering the Government to exceed that 'arrangement, by adding lo the Executive Council ■& 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 ex-cecded'-.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'^ "vc&s called" awrny* by domestic cjrcufnotou'ces'irh* "mediately after having appeared* in' the T>gf^l <'- tive a'responsiMe advisor of tW Cr6w\\ the .OffiCc'r administering "the 'Government" in 4 .'

atantly and cheerfully assented to the appoint-, ment of Mr. Bartley as a member both <of > thej Executive and of the Legislative Councils. j So 'far as the 'Officer administering the Go-*, vernraent was ever informed, these arrangement*, ■were satisfactory, and effectual for the with which .they were made, until rfbout the 'be-' ginning of last week, when observations -were 1 orally addressed to him 'by some of the new mem- < ■ber* of the Executive Council, whidh implied' that, tliey were discontented with their actual position, ! and desirous of some change in the direction of^ that complete Responsible Government, which ■exists when all the merabtrs -of the ExecutiveCouncil belonged to one party and are liable to removal on party grounds. Bat it was not until Saturday last, the 29th July, that any precise intimation of the new desire of Mr. Firzgerald and his -colleagues was conveyed to the Officer administering the Government. On that day they were requested to state their wishes precisely in writing. K3n Tuesday, the Ist of Aug«st, they sentt to him the Memorandum (which not teing dated is raaiked A»), which cafls upon him to establish ißespoasible Government in the mosti •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, been informed that there existed any such difficulties and troubles, as those described in the memorandum ; and least' of all was he conscious that, as is stated in the memorandum, the House of Representative! 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, »ot to say threatening, passages in the memorandum, lest the Houst should imagine that they may in some degree have biassed bit mind towards the conclusion that be ought not to comply with the call made upon him. He assures the Council that they have bad no such influence, but that he refused (by his memorandum of the 2nd 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 cousent, any officer holding his appointment directly from her Majesty. The case of the Colonial Secretary differed from that of the other officers, inasmuch ac 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 the new Ministers which be could feel was not inconsistent with bis sinse of right, was much pleased to find that a detire on the part of Dr. .Sinclair to aid in averting any serious difference between the new ministers 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 bylaw. Iu I*o far, the stall of matters on the :2nd of August was considerably improved in comparison with tbe arrangements made eight veeks before : a step in advance towards the ■complete establishment -of Responsible Government was actually taken.: tbe office of Secretary was laid open to be filled by a member of either Legislative House. Nor was >tbis tbe only concessiou made to Mr. Fitzgerald and his colleagues. They were informed that the Attorney-General intended and was .ready to despatch to England the resignation of <his office, Tbe«Officer Administering tbe Government trnsts that the Council will mark these facts. In all other repects matters were in the same state when Mr. Fitegerald and his colleagues resigned their appointments, as when they accepted them, .knowing exactly the Constitutional position and petsonal eentunents of the Officer Administering the Government. During the long interval they enjoyed his unlimited con■fidence, and never offered to him a suggestion which he did not readily accept. Neither, during •that interval, did he ever think of exercising bis authority independently of their advice. In all respects he faithfully adhered to the original Arrangement^ and now, when they depart from it •by suddenly agking'him to set it at nought, he lias but one reply to make — that bis sense of duty and honor absolutely forbids him to comply with the request. !He feels that he sbonld be wanting in candour towards the sConncil 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, be should deserve the censure of her Majesty, and should da,cnr the disapprobation of the colonists of New ■ .Zealand, for having degraded the office, the houor of which has been accidentally entrusted

ito >hls .care. At -the same time, he is very desirous that bit difference with the late members of the Executive Council •houtd not grow into a difference with the House. He therefore requests the attendon of the to certain facts, which •seem to bim tochsve »n important bearing on the question which the Council will have to determine. He begs of them to observe tbst the Executive Government Bill* the passage of which into law was, by the original aunisterial arrangement, announced to the House on obe. 15th June, made a condition of the retirement of the Atturney-fieneral and Colonial Treasurer when Her Majesty's assent thereto should .be obtained, has not passed.} in the House jo£ Representatives, beyond the stage of beiug read a second time ; and that, from the date of that pro- < seeding--— namely, tht 27th June, the -«e,asure appears to have remained in a state of < abeyance sud oblivion, ' The, memorandum of Mx.tFitzgerald and his > colleagues, of the Ist 'August,, speaks of a " formidable opposition "> which they ! encountered in the Houses of the Legislature,; and r/hich threatened to. pat a stop to the public! business. This fact was first brought to the; knowledge of the Officer Administering the Go-i vernment by the Memorandum in question. Till) he read that document, he had been led to be-, lieve that the Ministers were steadily snpported, in the House o! Representatives byiarge majori , Am ; and though he was aware th,|t their proposals were sometimes criticized andjdpposed dy small minorities, he imagined that such opposition arose from tbe^natural working of representative institutions and was not merely harmless, bat serviceable as the means of subjecting im-

portant 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 organised'opposition 'to 'the measures proposed by the Government, but that, on the contrary, a member of the Government in the House of Representatives, spetfking in 'that House, , recently thanked the Council, for having improved some measure sent to. them by the Representative House, and expressed hit hope that they would continue to afford snch valuable assistance in the work of legislator The Officer-; administering the Government assures fheCoun-jj cil that he was never by anybody told of any for,-: midable opposition to the in either) House of the Legislature, and that he is still ataj loss to understand the statement, with regard to such opposition, in the 'memorandum -of Mr. Fitzgerald 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 snpplies necessary for carrying on the*ervice of the GoTeraroent, unless he should consent to a total departure from the Ministerial arrangements for .which the house had expressed to him its warmest thanks. , At any rate, these facts were suddenly communicated to him, and.samuch in the form of pressure upon his-judgment, that he could not iie 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 deplorable consequences if he refused, on obtaining far more than the agreement iuto which they had deliberately entered with him. Nor could he fail to be struck with the manner in which the resignations of those gentlemen were presented to him. It wm settled on Tuesday, the 4 st 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 Wednesday the 2nd. But before noon on that day, Mr.SewelPs resignation was delivered, and it was followed, after an interval, but before 3 o'clock, by those of ft{r. Weld and Mr. Hartley. At the appointed meeting for three o'clock, Mr. Fitzgerald alone attended ; and it was only when , the Officer administering the Government declared that' his opinion was unchanged, thereby ;sfaewing that tbe successive resignations of Mr. Sewell, Mr. Weld, and Mr. Bartley, had not affected his judgment, that Mr. Fitzgerald then and there wrote and presented his own resignation. Tbe above statement of facts, which are within ! the knowledge of tbe Officer administering tbe Government, will, he trusts satisfy the Council, that it is not their duty to sustain the late Minis iters 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 Council should deliberately adopt the Memorandum of the Ist of August, the unhappy even is which are therein hypothetically predicted, or, at any rate, events which it is equally painful to contemplate, could scarcely b* averted, whilst unquestionably the Session would be lost, and long delays must ensue before the colony could reap tbe benefits of legislation by its General Assembly* 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 Council, he should himself incur a severe disappointment of the pride and pleasure which he has felt in supposing that the successful initiation, at fleast, of Responsible Government would take place during his tenure of office as her Majesty's representative in New Zealand, i He earnestly implores the Council to weigh i with calmness and circumspection the question i 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 2 lit June, they declared to be satisfactory onder 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 fojr 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. TheOfficer adraimitering^the Government cannot but express bis persuasion, tiat, under any circumstances, the Council will be Undisposed to separata withont adding some useM measures to tbe very small amount of legislation which has as f yet been accomplished; without making some .provision for tbe appropriation of the public rsvennes between tbe General and Provincial Governments ; or without settling, though in an imperfect manner,. and for bnt temporary pur* poses, other questions of a very argent character In order that the Council may have before them at one view all the documents which relate to, the subject of this Message, they will be appended to it i« tbe order of their dates. ' In commnmcating with the' Council by Message on the subject «f a ministerial crisis, the Officer administering the, Governmeut has been guided by numerous precedents, and more especi- 1 ally by the example of the late Lord Metcalfe, who, as Governor of Canada, in 1843, upon the , resignation of a ministry, conductsd all communications between himself and the House of Assembly on the subject, by means of original Messages from himself, and Messages in answer to Addresses from tbe house. Copies of the voluminous documents • in- question are now in the bands of tbe Officer administering the Government. Finally, the Officer .administering the Government declares to the Council his unaltered adherence to the principle of Responsible Government; and he once more assures ihfcm of his most ear-

nest. 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 Council, may see fit to abstain from comingbastily to any conclusion on the lubject of this Message, but m*y, on the contrary, bestow upon it the calm arid patient consideration which it has receited frem biraseif. R. H. Wynyard, Officer administering the GoTernment. Government House, Auckland, i August 5, 1554.