THE GOVERNMENT AND SIR GEORGE GREY.

Hawke's Bay Herald, Volume XXI, Issue 5518, 22 October 1879, Page 2

THE GOVERNMENT AND SIR GEORGE GREY.

We received last night by telegraph the text of a memorandum from the Governor to.Mr Hallrespecting the remarks of Sir George Grey on the subject of Mr Hall's resignation of his seat in the Legislative Council. His Excellency — after quoting Sir George Grey's remarks as reported, in Mhich the ex -Premier stated that Mr Hall sat in the House as the representative of the Governor — says that anyone reading the report would infer that the Governor had accepted Mr Hall's resignation without the concurrence of his Ministers, and that it was the personal act of the Governor, for which Ministers "were not in any way responsible, but that was not the case. . Hia Excellency then goes on to relate the facts of the case. On the 18 th of August last he received a letter from Mr Hall tendering his resignation of his seat, and on the same day he sent the letter to the Premier with an endorsement upon it enquiring whether it was customary to accept a proposition of the kind by letter. On the following day Sir George Gre}^ called on the Governor to speak on the subject, and expressed his disapprobation of Mr Hall's proceeding as being opposed to the spirit and intention of the Constitution Act, as the appointment being binding on the Crown for 1 life, the obligation implied mutuality. The Governor replied that the Constitution Act specified that it should be lawful for any member of the Legislative Council to resign his seat, and that the Electoral Acts imposed no disqualification upon a person, standing for the House of Representatives on the ground of being an ex-member of the Legislative Council. His Excellency would therefore decline to lend himself to any device for placing one of Sir George Grey's opponents under a disability not imposed by law, and would certainly refuse to be a party to such an unprecedented exercise of the prerogative as to refuse the acceptance of the resiguation for party purposes. The Governor mentioned instances in New South Wales of men going from the one House to the other. Sir Geoi'ge Grey admitted that there had been repeated instances of the kind in New Zealand, Mr Gisborne being one of them, but he (Sir George) reprobated the proceeding so strongly that he felt obliged to advise that Mr Hall's resignation be not accepted, adding that the Governor's acceptanoe of it must be done under advice and responsibility. The Goyernor replied that that view was undoubtedly sound, but that if the Ministerial advice in the present case were that the resignation should not bo accepted his Excellency would unquestionably refuse the advice, which would leave Sir George Grey with the constitutional alternative of resignation or acquiescence in the Governor's refusal of the advice. Sir George Grey then left, saying that he would consult his colleagues.- On the afternoon of the same day the papers covering Mr Hall's resignation were returned to the Governor without any adverse advice thereon whatever, and with the following endorsement :— " For his Excellency the Governor. It has been customary for the Colonial Secretary to notify to a resigning member the acceptance of nis resignation. Resignations have been usually, though not invariably, notified |in the Gazette. — W. Gisborne, in the absence of the Colonial Secretary." The Governor therexipon sent the papers to the Colonial Secretary with a request that Mr Hall be informed of the acceptance of his resignation by his Excellency, and that the same be notified in the Gazette. This was minuted by Mr Gisborne as follows : — "To be acted on," and a letter was addressed to Mr Hall from the Colonial Secretary's office notifying the acceptance of his resignation, The Governor points oat that the facts as stated show that Sir George Grey told only half the truth when ho said he did not advise the acceptance of Mr "Hall's resignation, seeing that there was no adverse advice on the papers, and that the acceptance of the resignation was notified to Mr Hall by a Minister of the Crown. Sir George Grey, as Premier, became therefore responsible for tl c act and not the Governor. The memorandum concludes as follows : — " It is a constitutional maxim that the Crown

ought not to notice debate in the Parliament, but,.on the other hand, it is equally unconstitutional for. the Governor's name to be brought into debate as it has been. No Minister or ex-Minister has a right to feteftlih Parliament what has passed between :the Crown and himself without ; th.e express leave .bfsthd-' CrWh, and when •Si.iiV^eoi'geiGi^iferef/to things that had taken -place botweeir'himself and the Governor he ought to have bepn, stopped at once by the enquiry whetl|er/be had the Governor's permission to speak of them at all. As it is, a matter which is known fully only to the Governor and his. late Premier has been alluded to by the latter in Parliament without permis-' Sion, and placed by him in a light whiclr is not in accordance with the whole truth, i whilst the Governor may possibly be held; to be technically precluded by the rules 1 of Parliamentary privilege from refuting a charge which has in such an .unconsti-. tutioiial manner been brought against him by his late Minister. In these circumstances tnc Governor desires to place 1 on record in this memorandum a state-; ment of all the facts connected with the i acceptance ' of Mr Hall's resignation of; his seat in the Legislative Council, and to ; Idave the present Premier free to make Stick use of them as' lid may tnink proper."