RESPONSIBLE GOVERNMENT.—THE DESPATCH.

Daily Southern Cross, Volume XII, Issue 828, 5 June 1855, Page 3

RESPONSIBLE GOVERNMENT. — THE DESPATCH.

Discretion — frequently the better part of valour — has been followed in the present case. Seeing the General Assembly about to meet, when the Despatch could no longer be withheld, His Excellency, making a virtue of necessity, has wisely published it in good time, in order that the varied feelings of pity and contempt, which it excites, might have time to subside before the meeting of the Assembly. That the Despatch will be read by all, under one or other of these feelings, we cannot doubt. It is certainly the most remarkable document of its kind, which it has been our fortune to come across — a model of official satire. To the several wild schemes (iuclosed in the extraordinary address with which his Excellency opened the Second Session) in character varying from simple illegality to positive destruction of the very "fundamental law" of the Constitution through the suggested "federal union" of the independent sovereign states of New Zealand — Her Majesty's Colouial Minister c intents himself with a mere allusion to the simple folly of the propositions, and dismisses the subject with the good-natured, but very significant remark, that " His Excellency had acted to the best of his judgment,"— and that "the views of Her Majesty's Government would be communicated to the Governor, who, it was hoped, would shortly proceed to New Zealand." The dispatch requires no comment, it speaks for itself, and tells a mournful tale of past misgovernment. Now ase seen the bitter fruits resulting from the conduct of His Excellency by putting himself in an evil hour, in the hands of bad advisers, permitting himself to be led by their counsels ; — of forsaking the straight road after he had entered upon it, — of in short, breaking his tacit engagement to the responsible ministers and permitting to be perpetrated towards them an act (to use their own fanguage) of treachery on the part of the old officials and their confederates, whereby responsible Government, (for a few days so auspiciously begun) was again destroyed, and with it the tone, the temper, the usefulness of the Assembly. The retribution has come in due season. 13itter it is, but, most assuredly, well aud truly deserved. His Excellency suffered himself to bo made a mere tool in the hands of an unscrupulous faction — to be the mouth-piece of the most illegal, destructive, and extravagant schemes, which have brought upon himself the well merited satire of the Colonial Minister. Yet "these several schemes" (as Sir George Grey contemptuously calls them) are the popular policy of the Forsaith ministry — that policy regarding which (as he explained to the House upon moving the answer to his Excellency's address) " there was no inharmonious working between the new ministry and the oldj their policy had been submitted to the old executive officers, and unanimously approved. Of the absurd and dangerous character of that policy, they were well warned at the time, and the following extract from one of the speeches on the other side, will show how completely it was appreciated. The words might almost pass for a portion of Sir George Grey's reply, so well do they characterize the address, and point out the consequences of it. In seconding the amendment to the address, Mr. Carleton said, "he had listened to his Excellency reading the address, certainly with much astonishment, but even with feelings of sorrow and sympathy. To hear the Queen's representative giving a parrot-like utterence to such wild and dangerous propositions, not in the least knowing what principles they involved, or where he was being led, reading onwards in the fullmess of simplicity, unconscious that, at each successive sentence he was calling graver censures upon his head from home :—: — altogether unaware that he, an officer in her Majesty's service, was undermining the power of the Crown j this was a matter for sadness, rather than for any feeling of political animosity." It will now be seen who were the friends of good government, of constitutional rights, and to whom the confidence of the country was due. The injury to the country has indeed been great, but it is to be hoped that the lesson thus gaiued will not be without its advantages. Now, that the past errors have been fully proved, we can only hope tint for the short time that power may still remain in the hands of His Excellency, for the sake of the country, (if not to save the wreck of his own reputation,) he may put himself in other hands, and seek advice from those possessing the confidence of the Assembly "and the confidence of the country. The attempt to govern by means of a very small and uninflucntial minority, ha3 signally failed; it ought never to have been attempted. j

(Circular). Colonial Secretary's Office, Auckland, 25th May, 1805. Sir,— By command of His Excellency the Officer Administering the Government, I have the honour to in- , form you that Mr. Carkeek, the Collector of Customs at i Wellington, has been instructed to make arrangements ) for the conveyance of yourself and other Members of the General Assembly from the Southern Provinces to I Auckland, for the approaching Session on the sth of , July next. I Some uncertainty exists as to the means of conveyance that may be available for that purpose in consequence of the proprietors of the 'Nelson,' steamer, having declined to renew the contract for continuing Steam Communication between the several provinces of tho Colony, and should the Collector of Customs at Weli lington fail to procure the required means of convey1 ance in due time, or should any other obstacle arise to prevent Members of the General Assembly reaching Auckland at the tirut appointed, I have to inform you that His Excellency will be prepared to prorogue the Assembly for iuch time as may be sufficient to enable the distant Members to be present at the opening of the Session. Mr. Carkeek has been* directed to inform you of tht arrangements alluded to bo soon us they are completed. As His Excellency conceives that it may be convenient to members to be informed of the course which his Excellency proposes to pursue on the opening Of the Assembly, I have the honour to state that it is His Excellency's toish that Responsible Government ihould be established at the earliest convenient time, and, with that view, he will cause to be laid before the Assembly a Bill of the nature required by the despatch from the Secretary of State on the subject, dated 8 th Dec, 1854, a copy of .which is annexed. The only other business, as it appeares to His Excellency, that it will be requisite for the Assembly to deal with, will be to make temporary provision (probably by the renewal of the present appropriations for a limited period) for the Public Service till a Responsible Ministry, shall have had time to take upon themselves the Government of the country, and be enabled to meet the Assembly after sufficient time shall have been afforded for the requisite preparation. Having dispoied of these measures, it is not His Excellency's present intention to propose any otJier ; and, in order to aiford the electors an opportunity of choosing members, with a view to the new form of Government, Ilia Excellency is of opinion that the dissolution of the Assembly ought to take place immediately afterwards. Should this, however, on further consideration not be deemed advisable, it still appears to his Excellency indispensable that the Assembly should be prorogued for some months, in order that the Responsible Ministry may be affoided sufficient time to make themselves acquainted with tho affairs of the Colony, and to prepare such measures as they may deem necessary to propose to the Assembly. I have, &c, Amdiibw Sinclu*, Colonial Secretary.

No. 39. Downing-street, Bth December, 185' i. Sir,— I have to acknowledge your despatches of the numbers and dates specified in the margin, reporting the proceedings which have taken place in the General Assembly of New Zealand on the subject of the future Executive Government of the Colony. As regards the most important portion of that subject, I have taken the earliest opportumity of informing you that her Majesty's Government have no objection whatever to offer to the establishment of the system known as "Responsible Government," in New Zealand. They have no reason to doubt that it will prove the best adapted for developing the interests, as well as satisfying the wishes, of the community. Nor have they any desire to propose terms, or to lay down restrictions, on your assent to the measures which may be necessary for that object, except that of which the necessity appears to be fully recognized by the General A»sembly, namely the making provision for certain officers who have accepted their offices on the equitable understanding of their permanence, and who may now be liable of removal. The only officers mentioned in your despatches as likely to fall within this category are the Colonial Secretary and Treasurer, and the Attorney-General: nor am I myself aware of any others : but Ido not wish to fetter your discretion, if farther consideration makes it in your opinion desirable to alter the list. Should the arrangements made for this purpose be in your judgment satisfactory, you aio authorised to admit at once the new holders of office under the responsible system, reporting their names for confirmation in the usual manner, xhere will be no occasion on this supposition, for a further reference to the home Go\ ernment before the change is cariicd into effect. But if the arrangements proposed should not meet with your approval, which I trust will not be the case, the appeal to the Home Government for ultimate decision will be unavoidable. The preliminary steps for the introduction of Responsible Government being thus few and plain I do not understand the opinion which some portions of this correspondence appear to convey, and which is supported by the language of your address of August, 1554, that legislative enactment by the General Assembly is required to bring the change into operation. In this country the recognized plan of Paili.imentary government, by which ministers are responsible to Parliament, and their continuance in office practically depends on the votes of the two Houses, rests on no written law, but on usage only. In carrying similar systems into ffect in the North American Colonies, legislation has indeed been necessary to make a binding arrangement for the surrender by the Crown of the territorial revenue, which has generally formed part of the scheme, and for the establishment of a civil list ; but not for any other purpose. In New Zealand the territorial revenue has already been ceded to the Assembly, and Her Majesty's Government have no terms to propo se with reference to the Civil List already established. Unless, therefore, there are local laws in existence which would be repugnant to the new system, legislation seems uncalled for except for the very simple purpose of securing their pensions to retiri»g officers. And if uncalled for, such legislation is objectionable : because the laws so enacted would probably stand in the way of the various partial changes which it might be necessary to adopt in the details of a system in its nature liable to much modification. • ! The shortness of the time at my command, as I am anxious to answer*your despatches by the present mail, prevents me from entering on the details of the narrative contained in the despatches : nor indeed does there ! appear any necessity for my doing so. I am satisfied that you acted to the best of your judgment under the circum- j stances in which you were placed ; and it gives me j much pleasure to find that the ultimate result of the ' deliberatiousof the General Assembly has been the adoption of the ordinary and most satisfactory course, namely, that of referring the question of Responsible Government to Her Majesty's Ministers for complete adjustment, instead ,"of putting it partially in practice, and leaving some important questions bearing on it ; undecided. J There are passages in your'address already referred to, ofthe3lstof August, to the General Assembly after its prorogation to which I feel it my duty shortly to advert. You appear in that address to have tspecially called the attention of the Assembly to the expediency of legislation on a subject, upon which they could not by the Constitution legislate at all. I refer to the proposal for rendering the Legislative Council elective. It is also extremely doubtful whether the proposed measures for authorising the Superintendents to dissolve Provincial Councils, a function reserved by Sec. 13 of the Constitution Act to the Governor, is within the power of the General Assembly. So too the constituting Auckland as a separate Government under a Licutenan-Go-vernor, and with exclusive powers of legislation; if I rightly understand what is meant by the proposal, is also a measure which it would be beyond the power of that body to carry into execution. You appear also to propose the foundation of a new federal Convention i (apart from the General Assembly) which would be an innovation irreconcileable with the existing fundamental law. i Ido not now enter on the question of the expediency of these several schemes, but I am' anxious to call your attention to the inconvenience of inviting the Legislature to originate measures to wkich the Crown could not assent, as such assent would be invalid. Th« views of Her Majesty's Government on these points will be communicated to the Governor who will I hope proceed to New Zealand shortly, but as you have yourself conducted the proceedings reported in your present despatches, and ns I am very desirous to avoid unnecessary delay, I have no hesitation in authorising you to act in person on my present instructions. I have, &c, &c. G. Gret. To the Officer administering the Government of New Zealand.