A.—l

2

The Government had only been in office a few days, and there were many reasons which led me to doubt very much whether the Government, as then constituted, had ever possessed the confidence of the House, and a vote of want of confidence was then pending. The reason assigned by Sir George Grey for wishing for the appointment was, that at present there is only one lawyer in the Legislative Council, and the Government were anxious to introduce another gentlemen of the legal profession into that House. I replied to Sir George, that if he informed me that he wished for the appointment of Mr. Wilson for the purpose of enabling him to take office in the Government, I would make it at once, but that if it was, as he informed me, simply for the purpose of adding a member of the legal profession to the House, the matter could not possibly be pressing, and that I therefore considered it undesirable to make the appointment pending the vote of want of confidence, but that if the Government had a majority I should be very glad to make it; and, when Sir George Grey left me, I was entirely under the impression that he had accepted my decision. 3. The next day, however, I received a memorandum referring to the reasons which I had given to Sir George Grey verbally the day before, and formally advising me, notwithstanding those reasons, to make the appointment at once, enclosing, at the same time, a commission made out in Mr. Wilson's favour for my signature. 4<. I own at once that it never occurred to me that, by the privilege of Parliament, the Crown is not supposed to take notice of any matter " in agitation or debate " in the House; and it never entered into my mind that my answer could be construed into a breach of privilege, otherwise I should probably have answered that I required time to consider the matter. 5. The memorandum having quoted verbally the conversation which I had with Sir George Grey the day before, I unfortunately —though I think not very unnaturally—repeated in writing what I had said. 6. A day or two after, Sir George Grey advised me, in writing, to lay this memorandum before Parliament. It struck me at the time as being a curious request, and I was on the point of refusing my consent, and should certainly have done so (as I considered the communication, till it was laid before Parliament, as a confidential communication between myself and the Government), had it not been that I was afraid that, if I a second time refused their advice, they might say that as I did not choose to take their advice, they must tender to me their resignation. It was on this ground, and on this ground alone, that I gave my consent. 7. Immediately on the production of the paper, one of the strongest supporters of the Government moved that it was a breach of privilege. A debate arose; a Committee was appointed, who reported to the House that a breach of privilege had been committed; and an Address was presented to me. lat once sent it to the Government, requesting them to give me their advice as to the answer I should give. What subsequently occurred will be best explained to your Lordship by the correspondence which has taken place between the Government and myself, printed copies of which I enclose.* 8. The Government having positively declined to be responsible to Parliament for the act, which they maintain was a personal act of my own, I felt (notwithstanding the assertion of Sir George Grey, in his memorandum of the Bth November, that the Governor is not responsible to the Secretary of State in this matter) that I had no other course open to me than to appeal to your Lordship. 9. In the meantime, I considered it would not have been respectful to the House of Representatives to leave their Address entirely unanswered. I could not, however, send the answer advised by the Government, because, by so doing, I should have admitted that it was myself, and not the Government, on whom the responsibility rested; besides that, in a case where the Government decline the responsibility, it appears to me that they could certainly have no right to advise. * See A. 5., 1877.