The Waikato Times AND AND THAMES VALLEY GAZETTE. THURSDAY, SEPT, 20, 1802.

Waikato Times, Volume XXXIX, Issue 3162, 29 September 1892, Page 2

The Waikato Times AND AND THAMES VALLEY GAZETTE.

THURSDAY, SEPT, 20, 1802.

ttqual and exact justice to all men, Of whatsoever state or persuasion, religious or political.

H/s E.\'e'i:r,LKN*CY Tin; Govkk.vok lms received a eablegraphie despatch from Lord Jtipon. This lias led to his informing Ministers that lie is now willing to accede to their request to appoint twelve of their nominees to seats in the Council. It will be irnicinlieicd that some time back the < lovernor and Minislrrs mutually agreed to refer the difference between them as to the appointments to the Secretary of State The terms of (his reference have not been divulged ; but, ns was natural, it was presumed that only the constitutional question was referred as to whether the Governor in the matter of such appointments was bound to accept the advice of his Ministers if they commanded a majority in Parliament, aside altogether from the particular case in point. We have only the statements of the Governor to a Press representative as to the terms of the cablegram to judge by. These, however, make it tolerably manifest that Lord Glasgow has been persuaded to the weakness of allowing i he reference to be made to the case in point, not to the broad constitutional question involved. 'Lhc question which should have been submitted was; Have the Ministry the ri'dit to demand that the Governor shall act, as regards appointments to the Council, as they may recomniend—both as to numbers and persons? The Governor, most distinctly, ought not to have submitted to the degradation of allowing the question at issue to be referred to the llome authorities which was clearly within his province to decide. Presuming that his decision as to details was not contrary to constitutional law and practice, interference by the Secretary of State under these conditions would be insulting, and tantamount to a declaration that the Governor, in liis

opinion, is unfit for his position. As Lord Ripon appears to liave been appealed to by His Lxcellency for advice, it would, perhaps, have been discourteous not to have accorded it. Our remark, therefore, does not apply to the case in point ; and judging bv what Lord Glasgow has divulged as to the terms of the cablegram, the Secretary of State has been more conservative of the dignity of His Excellency than lie, by reason of inadvertence and Ministerial pressure, has proved himself to be. The Governor informed his interviewer "that the communication was entirely in the form of advice, that in regard to the specific circumstances in this case the Secretary of State had advised him to acton the advice of his Ministers, in the particular ease submitted." " l lie advice relates entirely to the specific case referred to Lord Ripon and does not necessarily guide any future action of ihe Governor who is left entirely free to deal with each case as it arises.' 1 This last sentence is a distinct contradiction to the claim which is attributed to the Pre-

juicc—"the Ministry have gained every Constitutional point submitted by them This may be the case with regard to the specific question which only appears to have been submitted to Lord Ripon, but

the fact that the Governor is left entirely free to deal with each case as it arises, entirely shatters their contention in the correspondence with the Governor, that he was constitutionally compelled to accept their ad vice. The advice tendered by Lord Ripon was clearly based on the belief that to follow the advice of his Ministers in the particular cast.' was the most discreet mode of exercising the power which constitutionally vests iu his oflice, and, judging by nrecedent, it is extremely unlikely that any interference, even

in the mild form of suggestion, would have taken place, had not the Governor by his own act placed the Secretary of State in a dilemma. When the dispatches, which will reach the colony by mail, are published, it will lie possible to estimate the evil results which cannot fail to accrue from the Governor's indiscretion. It may be that advice from the Secretary of State to a Governor is tantamount to a command. The. quotations, however, which we have yiven above from the cablegram h-ive room to hope that Lord Ripon has not established ■i precedent, for interference by Downing Street in matters which we have a right to decide for ourselves and tor the settlement of which our Constitution provides the means. it would have been much more satisfactory had Lord Ripon refused to oiler advice and left Lord Glasgow and the Ministry to settle the matter between them. It is ab.-atrd to argue, as has Mr liallanee, , that for tin; Governor to refuse to

iicci'dc to tin; (I<■ mam(l sof a .Ministry n< 1 thus cninjK'l an appeal to tlx; country is an infringement on the rijjlit.s of tlii! people. It is surely much more (he case when the Governor and a .Ministry combined take from them the power to deal with their own all'airs in a constitutional manner. We are not inclined, however, with the limited information at our disposal, to take such a gloomy view of the ease as do Sir (1. ilrry and .Mr Roihston. We believe that there is room to hope that the despatches, when they come 10 hand, will very much modify their view of the position.