The New Zealand Times (PUBLISHED DAILY.) FRIDAY, NOVEMBER 2, 1877.

New Zealand Times, Volume XXXII, Issue 5184, 2 November 1877, Page 2

The New Zealand Times (PUBLISHED DAILY.) FRIDAY, NOVEMBER 2, 1877.

The House adjourned yesterday afternoon on a question of privilege—not a JonesWhiiaker case, nor anything like it—but on a “ very tall order” brought down by Mr. Stout, which is levelled at hia Excellency the Governor. The Governor has, under his commission from Her Majesty Queen Victoria and as her delegate, certain prerogative rights, which he can exercise with or without the advice of the Executive Council. If his Excellency does not please to appoint Mr. J. N. Wilson we opine that no Ministry can force him to do it. The memorandum of the Hon. Colonel Whitmore and his colleagues bears on the face of it the assertion that the appointment was not recommended for political purposes, but for the benefit of the.colony, and to import additional legal talent into the Legislative Council. This looks very .like an apology for asking his Excellency to make the appointment, and, in effect, says “although there is a vote of want of confidence hanging over us we desire you to make the appointment merely to assist the Legislative Council on legal points, irrespective of the question whether we shall continue to occupy the Treasury benches or not.” Now, supposing there were openings for twenty additional members in the Upper House, would the Governor have been right, if Sir George Grey had recommended it, in appointing twenty gentlemen to the Upper House 1 Could not the Council then have been swamped by partisans and toadies of the present Government. His Excellency has a discretionary power vested in him. It is not so many years ago that nominations to the Legislative Council made by the Governor had to be forwarded for her Majesty’s own approval, and there are some of the seniors of that Chamber who can exhibit her Majesty’s autograph at the foot of their writs of appointment. Therefore this is clearly one of the prerogative rights which is jealously guarded, and should not be lightly exercised. Under our present Constitution the Legislature. of the colony consists of the Governor, the Legislative Council, and the House of Representatives. To make any law requires the consent of the three powers. The Governor opens Parliament and the Governor closes it. The Governor takes no part in the debates, but notwithstanding this he is part and parcel of the Legislature. No later than Wednesday last the Colonial Secretary broughtdown a message containing certain amendments suggested by his Excellency in the Himatangi Crown Grants Bill, which were adopted by the Council. If the Governor is the nonentity some persons consider him to be, why not say he has no right to suggest anj T amendments to an Act or to veto it ? The Queen as a rule does not pardon a criminal unless recommended to do so by the Home Secretary ; but if she pleased to release him on a petition presented by any of her subjects, who could say she was wrong, or call in question her right to do it ? If the Governor had pleased to appoint Mr. J. N. Wilson to the Upper House without consulting his responsible advisers, we are not prepared to say that such an appointment would have been illegal or unconstitutional ; it might not be considered courteous to Ministers, but who could have questioned his right to do it 1 If he has this power, why should he not object, if he pleases, to sign the writ calling Mr. Wilson to the Upper House 1 It is not many years ago that great discussion and" ill-feeling were evoked throughout England by the making of additional peers for political purposes. In this colony it may also be remembered that a gentleman who holds a leading position in the House of Representatives, and was then a Minister, proposed to swamp the Upper House with new members. In such a case has not the Governor a right to exercise his prerogative, and in the interests of the country to veto the recommendation of his so-called advisers, who have little or no responsibility in matters affecting the prerogative of the Crown ?