The Evening Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News, and Echo. FRIDAY, SEPTEMBER 14, 1888.

Auckland Star, Volume XIX, Issue 217, 14 September 1888, Page 2

The Evening Star: WITH WHICH ARE INCORPORATED The Evening News, Morning News, and Echo.

FRIDAY, SEPTEMBER 14, 1888.

i"or tha cause that koks asaiatanco, For |h« :wong' that ne^fW ■ resistance, For tite future in "tho distance; And the good tint wa can do.

Governors in these .colonies have rppstly been reduced so' absolutely *o the positiqn of mere mouthpieces of the ;Minis(:enal mind that the recent rupture in Queens, land between Sir Anthpny Musgrave and; his responsible advisers, resjultihg in the. resigh|it'pn of" the Ministry, becomes quite interesting from its ifovelty. Mie affair verifies the adage a'bput:' gjeat tilings from little pauses .springing. A man named Benjamin Ki^s stole two p^irs of boots, and this ill-advised act pn" tb,e. part pf Berj|aniin has been the pause pf a Ministerial crisis, angry memoranda between Governor ancl Ministers, hot debates in the legislature -" r public meetings thfppgiipHtthe colpny> arl4 appeals to the secretary pf ' State- Arid this is h.pw the strange ;. in lii| hiidst 'plf w^ich' Benjanlin; and the purloined boots baye been almost 'fdrigbtten, came' about, It appears that th(£ 'Court before Wfijph the offender was arraigned sentenced ! him"*tb five year§* pena) servitude,. % imeaspre. of severty 'that did riot 1 find favqur with a large number of people, the consequence was a petition for his release. The Colonial SqcWar'jr investigated ' the' ;caso' and advised that the sentence should be remitted. "At the meeting of the Execu tive Council, at which this advice was tendered, pis Excellency, the Governor declined to accept it,^andsthe reconi--mendation was then withdrawn in order that each member pf the Cabipec niight investigate the' matter separa|i.;ly. This haying" been done, Ministers brpqght'up a joint recommendation in Benjamin's 1 1 aVpur.; ' His ■' EjcHellency, ■• theriupph ma^e the fQllpwing minute ;-r- ---'■ '■ The Governor regrets he must again express hjS,inability to approve of the lecpiniijepclation of the Council in the case oi Benjumin Kitts. The case, in his judg-

ment, presents no features whiph lea^ liim to doubt tihe yerjiiqt of the, jury, ,'; and ix\ tfie opinion of the 7UC*^ they were right. The Judge _ before I wbqni the prisoner w*s tried disbin ctly stated ti^at ho. did npt think . the prisoner was a Jit subject for release under the Offenders' Probation Act. • The Governor agrees with the-Judge, and regards it as highly inex : pedient to shake the confidence bt the public in the administratiqn of the law,and justice by unnecessary interference with a sentence of the Courts. The 7th section of the Offenders' Probation Act expressly con* fides the autliority to be used in this behalf to the Governor alonfe, nob to the Qovernpr-:, in-Council; and as he is not' sabisfied it should be used on bhis occasion, hei'f^els. bound to decline to use it aga^insb bin o^n conviction. The real question at issue in cases such as this is \vhethei: |Ke, i'pyal prerogative is to be exercised by the Governor or by the Colonial Secretary for the time being. The Governor would liaye np objection to be relieved of'the,' responsibility, if this may legally be ,dp!n,e. If the Cpuincil desire, it he wt|ll retjldily refer the question to the Secretary qf Statei for the opiniqn of the, law officers of the; Qrown, an 4 his ihsbrucbiQns^ thereuppn,'-

A correspondence ensped between the Premier and the Governor, in which Sir; Thomas Mcllwr^itjl fesi^ upon the constitutional rights of the colonial government, and His Excellency Knaintaine4'th#t the prerogaiiye, of pardon pertained to the Crown, and that the position talfen up by the Ministry yyas a type of the inroads being made by the colony on the rights of England. Getting no. nearer agreement, the Pfernier-intimated that if it was a matter of conscience with 'Hy* Excellency he. must furnish himself with advisers, whose consciences agreed with his own, and he resigned. The Governor then sqrtt for the leadpr of the Opposition, Sir Samuel Griffith, and asked him to undertake the formations of a Jilinis-. try. That gentlem^p, howey^l, Wa^ top wary to make himself the butt of popular resentment in a petty Struggle, for the mainten.ance ,of the. guberp^torial prerogatives, and he cautiously asked for.' time to acquaint himself the facts. Meanwhile; particulars of the dispute had been communicated % cable to the Secretary of State for tfie Colonies, who by no rne^ns, approve^ of His Excellency's prpceclure iii creating a political crisis qver such a question. In brief, Sir Anthony was told that rje must put hi? cQnscience in his pocket arid act flpbn the ad,vice which had been tendered him. This was a severe snub, but he was bound tQ obey or quit Government House, and he accordingly sighed thei order for the release of Benjamin Kitts, the prisoner was set at large, Sjr Thomas, Mclj^raith, bging now rnollihed and triumphant, withdrew his resignation, and outward cairn has, pnce more been restored. That Sir Anthony Musgraye will not rejish his defeat need, hardly be said ; but the lesson which has been read to him ought not tp be lost uppn pther goyernors who may feel disposed to put forward pretensions to personal rule. .