SIR GEORGE GREY AND MR HALL.

Waikato Times, Volume XIII, Issue 1154, 18 November 1879, Page 2

SIR GEORGE GREY AND MR HALL.

The charege of partisanship made by Sir George Grey against Sir liercules Robinson, m connection with the acceptance of the resignation of the Hon. John Hall's seat "m the Legislative Council, is so remarkable as illustrating the character of the man, and involves a constitutional question of so much importance — apart altogether from the party struggles now going on m New Zealand — that we think it well to examine it at some length, particularly for the information of readers at a distance. In order to do this inteligibly it will be necessary shortly Ho review the political history of this colony for the past few months. When the Parliament met m July last, Sir George Grey's Ministry cad been m power for nearly two years". During that time they had conducted the administration m such a manner as to give rise to widespread discontent, and on the first day of the session they found themselves encountered by a powerful opposition under the -^leadership of tiir William Fox. That gentleman moved an amendment on the Address m reply to the Governor's speech, condemning their incompetence and* negligence m stronger terms than had ever besn employed m any vote of want of confidence before. After a patient and exhaustive discussion, his amendment was canied by a majority larger than had ever been recorded before on any vote of want of confidence. Sir George Grey advised the Governor to dissolve . Parliament, and his Excellency, acting, we believe, m accordance with sound constitutional usage, and certainly m the very spirit of strict impartiality, accepted that advice, Parliament was dissolved and the new writs were immediately issued. Sir William Fox, the leader of the Opposition, became a candidate for Wanganui, where he was opposed by Mr Ballance, who had been Colonial Treasurer under Sir George Grey, and who was known to possess great influence m the. constituency. 'Jhere was considerable doubt as to the prospect of Sir William Fox's return. There was also a very general feeling m his party that if a younger man, and a politician of less marked characteristics could be obtained as leader, it would add to their strength. Sir William Fox was over seventy years of age ; the antipathies engendered during a varied and exceedingly combative career of a quarter of a century, had been revived against him by his recent return to active politics ; and he himself was only willing to resume the leadership m case of no other being at hand. The Hon. Johi Hall, a public man of long standing an I the highest reputation, was looked to, by common consent, as the only suitable substitute for Sir William Fox. But he was a member of the Legislative Council, and it was m the House of Representatives that his services were required. Having decided to take a prominent part m the coming struggle, he therefore tendered the resignation of his seat m the Council and offered himself for election for the district of Selwyn. In taang that step he acted on that clause of the Constitution Aot which provides that any member of the Legislative Council may at any time resign his seat therein, and on the acceptance of such resignation by the Governor, he shall cease to be a member of the Council. Sir Hercules Robinson, on receiving Mr Hali's resignation, inquired of his Ministers the usual form of acceptance m m such cases. Sir George Grey then went to the Governor and advised his Excellency 1 not to accept Mr Hall's resignation. 'Xhe Governor declined to accept the Premier's advice, on the ground that he had no right, by the exercise of a mere prerogative of the Crown, to disqualify Mr HaU from standing for electiqn m order to servo a party object, Sic George Grey pressed his advioe upon the Governor,' but his Excellency positively refused to listen to it, and gave Sir George Grey the alternative of resigning his office or acquiescing m the acceptance of Mr Hall's resignation. Sir George Grey retired, promising to communicate further with the Governor after consulting with his Qolleagueg, The next day the Gover.nor received fronvthe Colonial Secretary Mr Hall's letter of resignation, with a note informing him of the usual form of acceptance. His Excellency then duly accepted the resignation, and Mr Hall ceased to be a member of the Legislative Council. - Mr Hall was nq ruinated, m d,ue course for Selwyn, and -\vas returned unopposed, Whe& jfei'liameut again met,

Sir William Fox having failed to obtain a seat, Mr Hall was unanimously elected leader of the Opposition. In that oapacity he moved a' vote of confidence m Sir George Grey's Ministry, which was carried. Sir George Grey thereupon reBijned. Mr Hall was sent for by the Governor, and m obedience to his Excellency's commands, formed a new Ministry. Now comes the occurrence to which we havp referred as specially illustrating Sir George Grey's character; Ihe Hall Ministry had no sooner taken their seats than notice of a want of confidence m them wah given, and Sir George Grey, justifying that course, declared m his place m Parliament that the Ministers were •' the friends of the Governor," that Mr Hall was " the personal representative of the Governor," and that he would not have gained the position of Premier but for "the pergonal act of the Governor" m accepting the resignation of his seat m the Legislative Council. Now, Ministers of the down are*bound by oath and m honor to hold the confidence of ihe Crown, sacred and inviolable ; and in 1 disclosing without the Governor's permission the particulars of what had passed between the [Governor and himself as Premier, m relation to^vir Hall's resignation, Sir George Grey committed a gross and most dishonorable breach of confidence. It would have been, bad enough if he had accurately and fully related the facts. It was worse when he garbled, distorted, and half -stated those facto, with the unmistakable intention of representing the Governor to have acted as a political partisan. He denied that he had atftiaed the Governor to accept Mr Hall's resignation, but he omitted to [explain that he had advised his Excellency not to accept it, and that, by retaining office, lie had acquiesced m the rejection ©f that advice. There is no more clearly established constitutional principle than that the Crown cannot act without advice. Ministers are absolutely responsible for every act of the Governor so long as they hold office, whether they concur m it or not. If they do not concur m it and decline to become responsible for it, they can immediately relieve themselves of responsibility for it by resigning ; bat if they continue to hold office, they are as much responsible for it as if they had expressly advised it. No one knows this better than Sir' George' Grey. Yet he did not hesi.ate to repudiate all responsibility for a"n act of the Governor performed during lus tenure of office, and m J which He had distinctly acquiesced, when offered the alternative of resignation. He took the cowardly and treacherous course of throw ing the responsibility of that act on the Governor personally,' as a direct implication of political partisanship on the part of his Excellency. A moment's reflection, will suffice to Bhow that the Governor, m accepting Mr Hall's resignation, and compelling his Minister's to acquiesce m that acceptance or resign, acted with rigid impartiality. Let us ace what the facts are respecting the right and practice of Members of the Legislative Council to resign and seek election to the House of Representatives. We have shown that the Constitution Act explicitly empowrs them at any time to resign and to cease to be members of the Legislative Council. Mnce the Constitution Act was passed nine gentlemen have taken advantage of that provision, and have been elected to the House of RgprGsentatives. Five of tteae did bo while Sir George Grey himself was Governor, and m all these caies he accepted their resignation without demur. One of them was the Honorable John Hall himself, who had announced his candidature for Heathcote a month before he tendered his resignation as a member of the Legislative Couucil, and who immediately aftewards became a Minister of the Crown. Another was Mr J. C. Bichmond, a Minister of the Crown at the time, whose resignation as a member of the Legislative Council Sir George Grey acaccepted five weeks after he had been elected to the House of Representatives. A third was Mr Gisborne, who was a member of Sir George Grey's Cabinet at the very time, when as Premier, he advised the Governor not to accept Mr H&ll's resignation. There was not a shadow of precedent, therefore, for a Governor arbitrarily to accept the resignation of a member of the Legislative Uouneil, either with or without the advee of Ministers ; and had Sir Hercules Robiusou consenting to do so m Mr Hall's caso, lie would obviously have acted as t& shameless political partisan, and have dragged the prerogative of the Crown through the mire, by lending himself to an unscrupulous party device. Sir George Grey's object m advising the Governor not to accept Mr Hall's resignaiion, manifestly was disqualify Mr Hall from election to the House of Representatives, and thus to leave the Opposition as sheep without a shepherd. But the Governor had nothing to do with party tactics. His plain duty under the Constitution Act was to accept the resignation of any member of the Legislative Council at any time ; and he could not have neglected that duty without acting as a political partizan. The colony has good reason to be thankful that when Sir George Grey perfidiously endeavored to strain the letter of the Constitution Act to serve an utterly unjustifiable party purpose, tho offloe of Governor was filled by one clear-headed enough to discern his rl uty, impartial enough to desire to perform it, and firm enough. . to insist on tiio* Ministers taking the responsibility for it. Sir Hercules Robinson comes irreproachably out of this sinister business, whilst it covers Sir George Grey with the shame of public discredit, and the ignominy of personal dishonor.— Timaru Herald.