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1893. NEW ZEALAND.
DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE.
Presented to both Houses of the General Assembly by Command of His Excellency.
INDEX.
No. 1. My Lord —' Government House, Wellington, 15th June, 1892. 1 have the honour to report that 1 arrived at Wellington from Sydney on the 17th instant in the New Zealand Government yacht " Hinemoa," and forthwith proceeded to the Supreme Court, in front of which I took the oaths of office, and at once assumed the duties of Governor. It may interest your Lordship to know that I received a most gratifying reception and the warmest welcome from the inhabitants of Wellington. I have, &c, The Eight Hon. Lord Knutsford, &c GLASGOW.
No. 2. My Lord —' Government House, AVellington, 15th June, 1892. ' With reference to your Despatch No. 32, of 30th July, 1891, and to a telegram on the same subject received here on the 14th May, 1892, I have the honour to forward, for your Lordship's consideration, a full report ol the sealfishery in this colony, also various documents with regard to this matter. I regret the delay caused in furnishing this information. ° I have, &c, The Eight Hon. Lord Knutsford, &c. GLASGOW. I—A. 1.
No. of Series. No. and Date. Subject. 'age, 1 2 8 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 38, June 15, 1892 28, Juno 15, „ 31, June 22, „ 31a, July 8, „ 35, July 12, „ 36, July 12, „ 38, Aug. 8, , 40, Aug. 9, „ Aug. 16, „ 49, Sept. 7, „ 50, Sept. 7, „ 53, Oct. 5, „ 57, Dec. 2, „ 59, Dec. 2, „ 60, Dec. 3, „ 63, Dec. 12, „ 1, Jan. 12, 1893 4, Mar. 7, „ 5, Mar. 7, „ 6, April 28, „ 7, April 28, „ Assumption of office by Earl of Glasgow Report on fur-seal fishery .... Nominations to Legislative Council Concession to soldiers who served in Maori war Election of Hon. H. J. Miller as Speaker of Legislative Council Opening of Parliament Nominations to Legislative Council Application of Imperial Probates Act to colony Nominations to Legislative Council .. Contribution of colonies to naval defence New Royal Instructions Federal flag for Cook Islands Twelve appointments to Legislative Council Acts passed by Now Zealand Parliament Enclosing lists of divisions of Legislative Council, Session 1892.. That Volunteer officers' decoration may be extended to New Zealand Quarantine of vessels arriving from Hamburg Treaty with Ecuador —Trade-marks .. .. . • _ • • Exemption of American consular officers from Customs duties .. Representation of Now Zealand at Postal Union Mr. William Webster's land-claims 1 1 3 5 6 6 7 9 10 11 12 12 12 18 17 20 21 21 21 21 22
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Enclosure. New Zealand Seal-pisheeies. Theee are no records of the number of the fur-seals that formerly existed on the coasts of New Zealand and the adjacent islands (Antipodes, Bounty, Campbell, Auckland, Chatham, and Macquarie Islands). All that is known is that they were very numerous. Information on the subject of the numbers of seals that were killed in the first half of the present century will be found in the article on seals in the "Handbook of the Fishes of New Zealand." The numbers of the fur-seals gradually decreased until there were but few left. Steps were taken in 1881 to close the seal-fisheries, and they were so kept closed until last year, and inspite of occasional poaching the seals appear to have increased in numbers to a considerable extent. The fisheries were last year opened for two months (July and August), the regulations providing that only male seals of over 36in. in length were to be killed ; but there is reason to believe that these regulations were not adhered to, and that the seals were killed irrespective of size or sex. There is no definite information of the number that were killed during these two months, but 1,322 skins were exported during the September and December quarters. There will be no open season this year. 2. The decline of the seal-fishery is attributed to the indiscriminate slaughter of the seals while on shore at their breeding-places. As far as it is known they have never been killed—that is to say, in any great number—when on the circumjacent ocean. 3. The seal-fishing has been and is carried out by vessels fitted out, with a considerable number of men, which landed parties at various places. These parties proceeded to the seal-rookeries, killed and skinned the seals, the vessel calling for them at the close of the season. Parties also went out on the coast of New Zealand in large open boats, called sealing-boats. 4. The following memorandum on Antarctic seals, by Sir James Hector, K.C.M.G., gives particulars of all that is known of the life-history of these animals : — " At least nine species exist, but the nomenclature has been greatly confused and rendered untrustworthy by the injudicious record of species founded on imperfect specimens, on characters due only to age and sex, and to reliance having been placed on hearsay evidence. For commercial purposes the following classification may be considered sufficient: — "I. Eabed Seals (the Otaeias). —These, like land mammalia, have a direct communication through the integument from the organs of hearing, and have also an external ear-lobe, which enables them to appreciate the direction from which they receive sounds. " These are again divided into— " A. Hair-seals, or Sea-lions, which are covered with long coarse hair and have no under-fur, and are therefore only commercially valuable for the production of oil; " B. Fur-seals, or Sea-bears, which have an under-fur as well as a clothing of long hair, both of which, are cast and renewed each summer, so that the skin of the animal when taken at the proper season is of value as a ' pelt' or furriers' material. "11. Eaeless Seals (the Phocas). —The common varieties of the North Atlantic, such as the Greenland seal, the harbour seal, and the crested seal, belong to this class, but they are not represented in the Southern seas. This class is known by the following Antarctic representatives:— " A. Sea-leopards, which are large spotted seals, covered with coarse hair, but, not being gregarious in their habits, although abundant and widely distributed, have no commercial value. " B. Sea-elephants. —These are massive, unwieldy, and gigantic animals, which have a very restricted distribution, being confined to the islands in the extreme south. They are chiefly prized for the large quantity and fine quality of oil which they produce. " 111. Waleuses, or Sea-pigs.—These are valuable for their oil, and for their ivory, which, though inferior to elephant ivory, is used for the same purposes. The evidence of the actual existence of this southern walrus is at present founded only on hearsay report, but it is very probable that when the great Antarctic islands and ice-floes, as yet unyisited, are explored, not only this but other novel forms will be found. " The walrus, or morse, is now found only in the Polar seas, about and northward of Behring Strait; but their range has been restricted of late, as Captain Cook found them much further south along the coast-line of the North Pacific. " To describe more in detail: — " I. Eaeed Seals. " A. Hair-seals. —This group, the sea-lions, rendered so familiar by the rookery outside the Golden Gate of San Francisco, is represented in the North by Zalophus lobatus, which is found chiefly in the longitude of the Cape of Good Hope, and Protoarctus hooheri, which is supposed to be a different species frequenting the islands in the longitude of New Zealand and southward, and is best known at the present time as the Auckland sea-lion. " Like all the eared seals, these species are polygamous, and have a very definite life-history. The males are enormously larger than the females. About December they take up stations on the coast in warmer latitudes, such as the west coast of New Zealand, and formerly used also to frequent the islands in Bass Strait and on the west coast of Tasmania. Soon after the cow-seals appear, and, on landing, give birth to the young, each male securing a harem of ten to twenty cows, and protecting the mothers and young pups. The rutting-season is in January, after which the males (or lions) leave the mothers to bring up the young until May, when they all leave the coast for the winter. The mode of life of the hair-seals has, however, been much altered since 1863, when I made my observations, and I think that the New Zealand hair-seals have become much more solitary, and that they will soon become extinct. "B. Fur-seals, or Sea-bears. —This is in the southern seas the 'seal' of commerce, and it is much to be regretted that so little accurate information was collected in former years about its life-
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history. Three species are supposed to exist (after weeding out many synonyms), but lam inclined to think that they are all the same — Arctocephalus falklandicus (of Cape Horn longitude), A. antarcticus (of Cape of Good Hope longitude), A.forsteri (of New Zealand longitude). " I can only speak of the latter, or New Zealand fur-seal. Formerly they were very abundant along the west coast of the South Island and on the Tasmanian coast. I spent from June, 1863, to January, 1864, in the west coast sounds of Otago, and have since made many occasional visits at other seasons, but chiefly during the summer months, from February to May. I have always observed the seals closely, and have collected many specimens. " The male fur-seal used to arrive about the sth November on inaccessible rocky platforms outside the entrances to the fjords, or sounds, and the cows began to arrive about the Ist December. At the same date all the young stock—males up to seven and females up to three or four years old —went to still more exposed places by themselves, and spent the moulting-season, until about the end of March, when, having acquired the new fur-coat, they take off to sea. The last of these ' hauling-grounds,' as they are called, I have known in New Zealand was at Cape Foul wind, but formerly they were all round the coast. In the breeding-grounds or 'rookeries' the old males keep guard on the females and newly-born pups until the close of the rutting-season, about the 15th February, and then desert them, being then in a feeble and emaciated condition from having fasted and fed only on their own fat for several months. The females remain with the pups until they learn to swim and to catch fish for themselves, and about the end of May they all leave the coast, only an occasionally groggy old bull remaining behind for the winter months. " 11. Eaeless Seals. "A. Sea-leopards. —Of these, four species are known. Stenorhynohus leptonyx: This is common round the New Zealand coast, but is a solitary animal. They frequently come on shore, and, notwithstanding their feeble powers of locomotion, they scramble far back into the bush in flat country, and occasionally ascend rivers for a long distance. For instance, one of the seals ascended the Waikato Eiver, a few years ago, as far as Hamilton, and was claimed by the Maoris as being a real ' taniwha.' Another specimen, Leptonychotes weddelli, was only known until lately by a single specimen obtained by Boss's Antarctic expedition ; but last month I identified a splendid specimen in Mr. Drew's museum at Wanganui. It was stranded on the beach outside Wanganui Heads. The other two specimens of earless seals are Lobodon carcinophaga and Omatophoca rossii, and were both collected in the Antarctic seas, but are only imperfectly known. "B. Sea-elephants (Macrorhinus elephantina). —This huge seal was formerly abundant on many of the Antarctic islands, but is now almost confined to Kerguelen Land, Hood's Island, and the Macquarie Islands. It is remarkable from having the power, when enraged, of inflating its nose so as to form a proboscis. The male is much larger than the female, being sometimes 22ft. in length, while the female measures about 10ft. They never go far from land, and in the month of November they go ashore in large herds for the purpose of shedding their winter coats, after which the calving takes place. The mating-season is in February, by which time the males become very thin, as they eat no food during their sojourn on land. " This seal was greatly prized for its oil, which is obtained from a thick layer of blubber underneath the skin. They formerly assembled in incredible numbers on the various southern islands, and their bones are found in old Maori camping-grounds on the New Zealand coast. They were first hunted about the commencement of the present century, but it is now many years since they have been ruthlessly extirpated on all but a few of the most desolate and inaccessible of their retreats. "In conclusion, I may remark that the information which we possess concerning the lifehistory of the forms which exist in the Antarctic seas is most imperfect and unsatisfactory, especially with regard to the forms that are commercially valuable, such as seals, whales, and fishes." Copies of the Acts and regulations relating to the seal-fisheries, and of the " Handbook on the Fishes of New Zealand," are forwarded herewith. I have, &c., Lewis B. Wilson, Assistant Secretary. Marine Department, 6th June, 1892.
No. 3. (No. 31.) My Lord,— Wellington, New Zealand, 22nd June, 1892. I have the honour to inform you that, since my arrival in the colony on the 7th instant, I have had several interviews with Mr. Ballance, the Premier, on the subject of the appointment of the increase of the Legislative Council, and the request of the Government that twelve new nominations to that Chamber be approved of; and yesterday morning I informed him that I felt myself unable to appoint more than nine. 2. The gist of his communications to me was as follows : that there are certain projects which the Government wish to pass into law, the legislation as to land in particular; and that the Government find themselves in an unbear-
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able position in the Legislative Council. In the House of Eepresentatives they have a good working majority; but in the Legislative Council the AttorneyGeneral, who is the only Minister in that Chamber, finds himself with the support of only, at the outside, four or five members, none of whom possess any debating-power whatever. "It is plain," said Mr. Ballance, " that no Govern- " ment can carry on the business of the House satisfactorily when in one Chamber " they exist only on sufferance." He also said, later on, that it was not the wish of the Government to swamp the Legislative Council, but only to have a certain amount of debating-power, of. which at present they have none. He remarked that if the Legislative Council throws out the Bills he is going to reintroduce this session the consequences may be very serious, and stated that he thought Lord Onslow would have granted twelve. But I pointed out that in the confidential despatch which Lord Onslow had left for me, and which he showed to Mr. Ballance before leaving, he had not indicated that he would grant more than eight. 3. In reply, I stated that I was glad to learn that Ministers did not contemplate swamping the Legislative Council; that I was anxious to do what I could to meet my Ministers' views, but that I must have some time to reflect. 4. At the interview which I had with Mr. Ballance yesterday morning, at which the Attorney-General was also present, I said that I had carefully weighed the arguments of the Premier in favour of appointing twelve members; that I admitted that appointments should be made; but that, after considering the reasons given by the late Governor against agreeing to the proposal made to him just before he left the colony, which was identical with the one made to me, I found myself in accord with Lord Onslow, and that I was unable_ to agree to more than eight appointments, though as soon as a resignation, which had been announced by telegraph, became an accomplished fact I would agree to fill up this vacancy, making in all nine appointments. 5. I remarked that when Ministers made this application they must have had one of two objects in view : they must either wish such an amount of debating-power as would enable them to place their measures fully before the Legislative Council, or they must aim at giving the Government a preponderance of votes in that Chamber. If the first is their desire, then, I said, I hoped they would accept my proposal, though it gave them less than they asked for; for, I said, I need hardly point out that in an assembly of forty-five members (which would be the number with the addition I proposed) an accession of nine skilled debaters, added to the five supporters Government already had, would be amply sufficient to insure the Government measures that respectful consideration which is their due. If the latter is their wish, I said, they will not accept my offer. If it is so, I would much regret that, so soon after my arrival, I should be obliged to decline a proposal made me by my Ministers; but I felt that, if I granted it, I should be running the risk of making the Legislative Council a mere echo of the other House : if it is to have no opinion of its own it is of no use; but if it continues to preserve its liberty, and gives the country time to reconsider such questions as may not have received due consideration, it may, at a critical time, be of invaluable service to the colony. I therefore felt bound to take the course I had announced, as granting a larger number might have the effect of destroying the independence of one of the two Chambers, which I am bound by the Constitution to uphold. 6. The Premier declined to admit that my definition of the possible objects of Ministers was the correct one. He said there was a third alternative, which was the correct one, and that the number I proposed was not sufficient. It was large enough to exasperate the Opposition, but not large enough to be "of any « uge " — a statement which confirmed me in my opinion that what the Government really requires is a majority in the Legislative Council, and that I was right in my definition. 7. Both Mr. Ballance and Sir Patrick Buckley said that many of their supporters are opposed to a bicameral system, although they themselves are not, and that if nothing is done to improve the position of matters in the Upper House, and if a cry is got up for the abolition of the Legislative Council, it
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would be so strong that it would bear down all opposition. I replied that Ministers were holding out to me, as an alternative, an emasculated Upper House or none at all; but that I was bound to uphold, as far as I could, the Constitution of the country. I said I was making them an offer not much less than what they desired, and repeated that an addition of nine would give them a sufficient number to place their policy properly before the Council. I added that the question of bringing the two Houses into harmony, which I believed would be the practical upshot if I granted the application of Ministers, could not arise until the Chambers declined to give effect to the result of an appeal to the country, and that had not yet happened. 8. Mr. Ballance undertook to communicate my decision to the Cabinet, and in the afternoon he informed me that he had done so; that they considered an addition of nine to the Legislative Council worse than useless, and that they cannot therefore accept it; that they will reintroduce into Parliament the measures that were not passed last session, and if they are not carried they will appeal to the country. 9. Your Lordship will observe that my especial difficulty has been this : that I have not had at my disposal any means of ascertaining the exact amount of nominations that could have been given without altering the balance of parties in the Upper House, and that I had therefore no alternative but to take up the position of, and act on the information supplied me by, my predecessor. I felt this so much that I said to Mr. Ballance that, if he cordially concurred in the step, I would send for the leader of the Opposition in the Council and ask him to tell me frankly if the number required by Ministers would imperii his majority. Mr. Ballance replied that it would make a precedent of an unusual character (which I admitted, remarking that the occasion was an unusual one), and said that the Opposition leader would be bound to give no reply that would please the Government. 10. I have thus, my Lord, done my best to perform my duty adequately in the very difficult position in which I have been placed. 1 have looked at the matter from a constitutional point of view. Within a fortnight of the date of my taking the oath to preserve the Constitution of the colony I have been called upon to increase, for party purposes, the Upper House to a point which might have given the Government a preponderance in it which they would not otherwise possess before an appeal has been made to the country. If I had given way, it might have tided over the difficulty for the time, but it would have established a precedent, which would most certainly have been followed by the Opposition whenever its turn of power arrives. The policy of the Government may be to bring the Legislative Council into disrepute, with a view to its abolition, or it may be only intended to frighten the Council into passing the measures of the Government. I do not believe that the Legislative Council will be abolished easily ; but, if abolition does come, I submit to your Lordship that the ending of the Chamber would be preferable to its retention in a condition so manipulated as to possess merely a semblance of independence. I have, &c, The Eight Hon. Lord Knutsford, &c. GLASGOW.
No. 4. (No. 31a.) My Lord, — Government House, Wellington, Bth July, 1892. I have the honour to forward a memorandum from the Premier submitting a copy of a letter from Captain Daveney, of the Imperial Pensions Office, Auckland, suggesting for your Lordship's consideration that a concession recently granted to soldiers of Her Majesty's army who served in the Crimean and Indian Mutiny campaigns may be extended to soldiers who served in the Maori war. I have, &c, The Eight Hon. Lord Knutsford, &c. GLASGOW.
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Enclosure. Memorandum for His Excellency. Premier's Office, Wellington, 16th June, 1892. The Premier begs respectfully to submit, for His Excellency's information, copy of a letter received from Captain Daveney, of the Imperial Pensions Office, Auckland, suggesting that a concession that has recently been granted to soldiers of Her Majesty's army who served in the Crimean and Indian Mutiny campaigns might be extended to soldiers who served in the Maori war. The Premier hopes that His Excellency will recommend the matter for the favourable consideration of the Imperial Government. J. Ballance.
Sub-enclosure. Sir, — Imperial Pensions Office, Auckland, 30th May, 1892. I take the liberty of addressing you relative to a concession that has lately been granted to soldiers of Her Majesty's army who served in the Crimean and Indian Mutiny campaigns. The concession is this : that as it is required by the Boyal Warrants fourteen years' service for a soldier to obtain a deferred pension at the age of fifty years : this minimum number of years has been reduced to ten years, and it means that those who only enlisted for the first period of service will now receive a pension. I cannot help expressing the opinion that, if the Government of this colony made representations, say, through its Agent-General in London to the present Government in England, the same concession might be extended to Her Majesty's soldiers who fought during the Maori wars. This would mean an immense boon to a very great number of soldiers who are domiciled in this colony ; in fact, I believe that there are over a thousand men residing here who were present during the wars. Of course the concession granted to the men in England has much increased the popularity of the Government, and I am convinced that, if a similar action was taken here, hundreds interested would be most thankful to those who had so materially added to their worldly welfare, more especially as this Government has done so much by awarding them land, or money in lieu thereof, for their services to the colony. I have, &c, Burton J. Daveney, The Hon. the Premier. Officer paying Pensions at Auckland.
No. 5. (No. 35.) My Lord, — Government House, Wellington, 12th July, 1892. I have the honour to report, for your information, that, in consequence cf the lamented death of the Speaker of the Legislative Council (the late Sir Harry Atkinson, K.C.M.G.), that Chamber proceeded to elect his successor, which they did for the first time on the Bth instant in terms of powers given them by an Act passed in 1891 (No. 25), entitled " An Act to alter the Mode of making Appointments of Members to the Legislative Council, and to regulate Vacancies therein." And I have further to report to your Lordship that the Council have appointed the Hon. Henry John Miller to fill the vacant chair. I have, &c, GLASGOW. The Eight Hon. the Secretary of State for the Colonies, &c.
No. 6. (No. 36.) My Loed, — Government House, Wellington, 12th July, 1892. I have the honour to report, for your information, that I opened the Third Session of the Eleventh Parliament of New Zealand on the 23rd day of June last, and beg to transmit herewith copies (two) of the Speech that I read on that occasion ; and also copies (two) of each of the Addresses in Eeply which have been presented to me by the Legislative Council and the House of representatives respectively. I have, &c, GLASGOW. The Eight Hon. the Secretary of State for the Colonies, &c.
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(No. 38.) My Lord,— Wellington, Bth August, 1892. I have the honour to forward herewith a memorandum from my Ministers, dated the sth August, calling your attention to a difference which has occurred, to my deep regret, between myself and them regarding appointments to the Legislative Council. I addressed a confidential despatch (No. 31/92) to the Secretary of State for the Colonies on the 22nd day of June, giving all information on the subject up to date, and I annex a schedule containing a list of papers bearing on the subject. The papers themselves accompany this despatch. I submit that the memorandum contains something more than a statement of the difference between us; it is also an expression of opinion that greater powers should be given to Ministers than they at present possess. I would now respectfully offer a few remarks upon the result of granting the powers Ministers think should be given them. Let it be supposed that in a colony possessing representative institutions Ministers resign, appeal to the country, are defeated, and replaced by the Opposition. On coming into power the new Ministry introduces—as Ministers are not unlikely to do—a measure which it thinks will be popular, besides that which they were returned to carry out. The Legislative Council throws it out. The Ministry advises the Governor to appoint sufficient Legislative Councillors to overcome opposition in the Chamber. The people have not been consulted, and support the arguments advanced in the Council. But, supposing the Ministers have the power they think should be theirs, the Governor must grant the appointments asked for. The result would be that the Council is coerced, the measures are passed, and the people come under a law to which they may object, and on which they have not been consulted. The two Houses of the New Zealand Parliament possess each at present absolute liberty of speech; but under the proposed change the freedom of the Legislative Council would be at the mercy of the Ministry. The consent of both Chambers is now necessary before a measure can receive the Governor's assent. Should a measure be thrown out, it is open to Ministers to appeal to the country. Thereafter, if the Legislative Council were to disregard the wishes of the electorate as expressed at the polls, sufficient emergency would then have arisen to justify the Governor in granting Ministers a sufficient number of appointments to bring the Upper House into harmony with the country. This is, I submit, the constitutional practice; and it is more in accordance with the principles of freedom that the people should be the ultimate Court of appeal in any difference between the Chambers than that the power should rest with Ministers. In a despatch dated the 19th October, 1839, Lord John Eussell says, " Every political Constitution in which different bodies share political power is " only enabled to exist by the forbearance of those among whom this power "is distributed." I would add that if the constitutional checks which experience has placed on the power of the different bodies is swept away the result will be a distinct loss of liberty to the colony, and almost absolute power to the Ministry. The late Lord Granville, in a despatch to Lord Belmore dated the 2nd October, 1869, writes as follows : " When writing that despatch I was fully aware " that the number of the Upper House was unlimited; I was also fully aware " that on certain critical occasions it may become not only expedient, but indis- " pensable, to bring the two Houses into harmony by creating, or threatening to " create, a number of Legislative Councillors sufficient for that purpose; but it " is not the less clear that the value and character of the Upper Chamber will be " destroyed if every successive Ministry is at liberty, without sufficient occasion, " to obtain a majority in the Council by the creation of Councillors." I respectfully submit that this extract and the one foregoing breathe as much of the spirit of the Constitution at the present day as when they were written, and that they are opposed to the view held by my Ministers.
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With these remarks, I now beg to leave that branch of the subject for your Lordship's consideration. With reference to my reasons for not accepting the advice of Ministers, your Lordship will be already aware that only two days had elapsed after my arrival in the colony when the Premier waited on me and tendered the advice my refusal to accept of which has given rise to this despatch. When I asked for delay, that I might make myself acquainted with the subject, Mr. Ballance explained that, to enable his supporters to settle down to their work in Parliament, it was absolutely necessary that this question should be settled and the appointments made before Parliament met (which event occurred on the 23rd of June). Whatever may be your Lordship's opinion of the course I have pursued, you will not fail to observe that my position was one of considerable difficulty. The same advice that was tendered to me had been offered to my predecessor, who, with his three years' experience of the colony, had not been able to accept it. His secret memorandum on this subject lay before me. I had not had time to examine the matter for myself. I was confronted with a reason for immediate decision as to the value of which I had not had time to decide. The difference between the number declined by Ministers and the number they would accept was so small that I could not think the reasons given were sufficient to account for their action, and they appeared to be so incommensurate with the gravity of the step they took in creating a difference with the Governor that I felt convinced that much more cogent reasons should be given than I had yet heard before I should be justified in accepting the advice tendered by Ministers. For any further information on the subject I would refer your Lordship to the communications which have passed between myself and the Ministers, dated the 27th July and the 2nd, 4th, sth, Bth, and 9th August, and also to the other papers which are mentioned in the accompanying schedule. Before closing this despatch I would beg to remark that this unfortunate difference between myself and the Ministers could not have occurred were the appointments to the Legislative Council made on a fixed principle. If the Act for amending the mode of appointing Legislative Councillors were further amended in the following direction the system would, except in an emergency, be self-adjusting: I would enact that the strength of the Council should bear a fixed proportion to that of the House of Eepresentatives; that it should be increased or decreased pari passu with the other Chamber as occasion may require; vacancies be filled up within three months of their occurrence by the Governor, on the advice of Ministers; that a clause be inserted giving the Governor the power to appoint, on the advice of Ministers, on an emergency, such a number of new Councillors as would bring the Council into harmony with the country. Some such enactment as this would effectually prevent any future differences. Since this paragraph was written I have ascertained that in the year 1887 the late Sir Frederick Whitaker obtained a Committee of the Legislative Council to consider and report as to the best plan of reducing the numbers of the Council to one-half of the number of the members of the House. He had previously moved to that effect, and also that the same proportion should thereafter be maintained. The Committee reported in favour of the proposal, but no further action was taken. From this it is clear that the Council in 1887 affirmed the general principles which I have ventured to suggest. If there is anything in the manner in which I have brought this question under your Lordship's notice not entirely consonant with the usual practice, I beg you will attribute it to the unusual circumstances in which I have been placed so soon after my arrival in the colony. I now leave the matter in your Lordship's hands, in the most perfect confidence that you will do me the justice to believe that I have been actuated solely by a desire to do what is best for the interests of the great and important colony in which it is my privilege and pride to have been placed. I have, &c, The Eight Hon. Lord Knutsford, &c. GLASGOW.
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Enclosure.* Memorandum for His Excellency the Earl of Glasgow. On the 13th of February the Honourable the Premier expressed the desire of his Cabinet to submit to me the names of eighteen gentlemen for seats in the Legislative Council. The first question which arose in my mind was, how far I ought, seeing that your Excellency's appointment as my successor had been announced, to undertake responsibility in the matter. Upon reflection, however, I satisfied myself that, having closely followed Mr. Ballance's recent utterances on the subject, and the debates in Parliament on similar appointments last year (for which some blame was cast both on my Advisers and myself), I had no right to shrink from doing any action upon such advice of my Ministers as I thought they were constitutionally entitled to give. I do not think it necessary to enter at length upon the circumstances attendant on the creation of the Speaker and six Councillors last year; the reasons which guided me in that action are fully set forth in the public despatches printed and laid before Parliament, as well as in my despatches of the 24th of January and 3rd of February, 1891. I may add, however, that the position of parties was remarkably similar to that which occurred in New South Wales subsequently. There, instead of enrolling themselves under the banner of one party, the labour members announced that their support would be given to either party "in return for concessions" ; and Sir Henry Parkes, the Premier, who it was loudly proclaimed had been " beaten at the polls," continued in power with the help of labour members for a short time. There was nothing to prevent a similar thing having taken place here in respect to Sir Henry Atkinson's Administration, had it not been for his own ill-health. Mr. Ballance claims that he is entitled to make seven appointments to counterbalance these, and six more at least to take the place of deaths which have occurred since (one of the deaths has been of a newly-appointed Councillor), on the ground that on taking office he might have advised six or seven creations, and then have advised more consequent on deaths. It is to be borne in mind, however, that the six made by Sir H. Atkinson's advice were the first for three years, and subsequent to the deaths of a considerable number of Councillors. The latter contention would limit Mr. Ballance's requirements to twelve new men. I made careful inquiry into the names of the Premiers to whose advice the existing Councillors owe their seats, and to their voting last session. Before the appointment of Sir George Grey as Premier I am content to assume that as far as existing party distinctions are concerned none can be called of Liberal type. Since then, Sir George Grey, Sir Julius Vogel, and Sir Bobert Stout have advised the appointment of fifteen out of the thirty-nine. Mr. Ballance contends that Sir Julius Vogel was not a Liberal Premier, and that his influence on the Stout-Vogel Coalition Government was so great that one-half of the appointments made on their advice were of the political complexion of Sir Julius Vogel, and not that of Sir Bobert Stout. Whether the existence of any such understanding can be taken officially into account is a matter for your Excellency's consideration. It became apparent then to my mind that it would not be easy to justify to the Secretary of State my action, were I to consent to add such a number of Councillors to the fifteen created by Liberal Governments as could give them a majority over the existing majority of Councillors appointed by other Governments :15+ 12 would make 27; the remaining Councillors would number but 24. ' I should have been accused of lending myself to a scheme which might alter the complexion of the Upper House in order to enable the Ministry of the day to carry measures upon which the voice, of the country had not been directly heard, and without the direct authority of the electors given to the proposal to bring the Upper House into harmony with the Lower. Under those circumstances I declined to receive advice such as was proposed, and desired that it might be deferred until your Excellency's arrival, inasmuch as my stay in the colony would not enable me to see the end of consequences which a persistent refusal to accept the advice of my Ministers would entail. Ypur Excellency will find that, of the principal measures introduced by or supported by the Government last session, their financial Bills were carried in the Council, the Factories Act and a few others passed with amendment, while the Land Bill and the Electoral Bill were lost in conference with the other House. The Land for Settlements Bill, Workmen's Lien Bill, and Counties Bill were rejected by majorities less than would have been counterbalanced by eight more appointments—the maximum to which I saw my way to accede; while the Shop-hours Bill and the Payment of Members Bill were rejected by very large majorities, not so great, however, as to remain unaffected if additions to the extent of Mr. Ballance's original proposal (eighteen) were to be made. 16th February, 1892. Onslow.
No. 8. (No. 40.) My Lord, —• Government House, Wellington, 9th August, 1892. I have the honour to request you may be pleased, in accordance with
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For other enclosures, see A.-7, 1892.
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the wish expressed by my Government, to cause an Order in Council to be issued applying " The [Imperial] Probates Act, 1892 " (55 Vict., cap. 6), to the Colony of New Zealand. I have, &c, The Eight Hon. Lord Knutsford, &c. GLASGOW.
Enclosure. Memorandum for His Excellency. 26th July, 1892. The Premier begs respectfully to forward, for His Excellency's information, the attached correspondence between the Agent-General for New Zealand and the Government relative to the Imperial Colonial Probates Act, 55 Vict., cap. 6, and to request His Excellency to be good enough to recommend to the Secretary of State for the Colonies the issue of an Order in Council applying the Act to this colony. J. Ballance.
Sub-enclosures. Colonial Probates Act. The Hon. the Premier. 7th June, 1892. I beg leave to transmit a copy of letter from Messrs. Mackrell, Maton, and Godlee, directing attention to the Imperial Colonial Probates Act, and suggesting that steps be taken to make the Act applicable to New Zealand. I shall be glad to receive instructions as to the course which the Government would wish me to adopt in this matter. W. B. Perceval.
Dear Sir, — Cannon Street, London, E.C., 2nd June, 1892. Herewith we beg to hand you a print of the Colonial Probates Act, which, no doubt, you have already noticed. We venture, however, to suggest whether you would think it advisable to take immediate steps to make the Act applicable to the Colony of New Zealand. We call attention to the matter because we frequently receive exemplifications from the Public Trustee, and it appears to us it would be a great saving of trouble and expense if we could have the exemplification resealed here in lieu of taking out fresh letters of administration, as we have now to do. It appears to us that the Deceased Persons' Estates Duties Act, 49 Vict., cap. 21, provides (sections 5, 6, and 7) for such a recognition of probates granted in this country as is proposed by the new statute, and it has occurred to us that an Order in Council might be made on the effect of that statute being communicated to the proper quarter. We have, &c, The Agent-General for New Zealand. Mackrell, Maton, and Godlee.
Sir,— Premier's Office, Wellington, 26th July, 1892. Beferring to your Memorandum No. 756, of the 7th ultimo, covering copy of a letter from Messrs. Mackrell, Maton, and Godlee, directing attention to the Imperial Colonial Probates Act, I have the honour to inform you that I am advised that the provisions of " The [New Zealand] Deceased Persons' Estates Duties Act 1881 Amendment Act, 1885," sections 5, 6, and 7, will satisfy the terms of section 1 of the Imperial Act, 55 Vict., cap. 6, and enable an Order in Council to be made applying the latter Act to this colony. All that appears to be necessary is to request you to be good enough to take the necessary steps for that purpose. I have, &c, The Agent-General for New Zealand. J. Ballance.
No. 9. The Earl of Glasgow to the Seceetary of State for the Colonies. My Lord,— Wellington, 16th August, 1892. I have the honour to acknowledge the telegram which I received on the 11th instant from the Secretary of State for the Colonies, a copy of which is forwarded by this mail to the Colonial Office in the usual manner; also a copy of my telegram in reply to above. I trust that the latter made my estimate of the strength of the Council clear to his Lordship the late Secretary of State. I regret that he found it necessary to telegraph, because I am obliged to infer that he could not have received any despatch on the subject from my predecessor. Your Lordship will be aware that the same advice that I declined to accept was tendered by Ministers to Lord Onslow just before he left New Zealand; and that he left a confidential memorandum addressed to his successor, detailing what had happened and giving his reasons. It was only because I was persuaded that these reasons had been fully laid before the Secretary of State for the Colonies that I refrained from going fully into them, although I gave my reasons for their adoption in writing my despatch of the 22nd June.
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With regard to the present position of the difference between myself and my Ministers, I have the honour to report that the Premier called on me yesterday and tendered my Ministers' advice that, in response to a question put by Sir George Grey in the House of Eepresentatives, I should agree to lay before Parliament Ministers' reference to the Secretary of State, as well as all other despatches bearing on the subject. Although I believe it to be contrary to usual practice to lay before a local Parliament a reference to the Secretary of State before the reply is received yet, considering the peculiar circumstances—that it is the strong desire ol Ministers that they should be produced, that Ministers have advised me to agree to this production, and that I could not conceive of any injury that would be done to the public service by doing so—l agreed to accept their advice, and the correspondence will be laid before Parliament to-morrow. I have, however declined to produce my despatch of the 22nd June, although I agreed, in case of Ministers thinking it well to yield this point, to telegraph to you for leave to lay that despatch on the table. I also agreed to lay on the table my despatch of the Bth August, as I thought it only right that my remarks in my Ministers reference should be laid before Parliament at the same time. I have, &c, GLASGOW. The Eight Hon. the Secretary of State for the Colonies, &c, Downing Street.
Enclosure No. 1. Lord Knutsford to the Earl of Glasgow. (Telegram ) 10th Au S ust - iB92 ' The figures in your despatch of the 22nd June show that the Legislative Council consists of thirtyone members of the Opposition and five Ministerialists. If twelve were added to the latter, a large Opposition majority would still remain; therefore the proposal of Premier seems to me a reasonable one The existence of an Upper House largely disproportionate to what appears to be the present political feeling in the colony may be imperilled unless a more even balance of parties is secured. Despatch will be sent by mail.
Enclosure No. 2. The Earl of Glasgow to Lord Knutsford. (Telegram.) [Received 11th August, 1892.] _ 11th August, 1892 Erom information which I have received, I consider that the Legislative Council consists of the Speaker, twelve Ministerialists, and twenty-two members of the Opposition, four of these Councillors being absent from the colony. The difference between these figures and the estimate of Premier, as I reported in my despatch of the 22nd June, is accounted for by disapproval of certain measures which were not brought before the country at election, and which deprive the Government of considerable support m the ° Ul Beference from Ministers to the Secretary of State for the Colonies on this subject leaves by post to-day, with my remarks.
No. 10. My Lord,— Government House, Wellington, 7th September, 1892. With reference to your despatch (New Zealand, No. 20, of 30th May, 1892) forwarding a letter from the Admiralty (dated 24th May, 1892) with regard to the contributions of the Australian Colonies towards naval defence, I have the honour to inform you that the variation in the amount payable by this colony to such fund will be very slight indeed, being represented by the increase or decrease in population; that for the present year, 1892-93, being £20,489, or £223 less than that paid for the year 1891-92. I have, &c The Eight Hon. the Marquis of Eipon, &c. GLASGUW.
4.-2, 1893, No. 7.
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No. 11. (No. 50.) My Lord, — Government House, Wellington, 7th September, 1892. With regard to the new Instructions, dated 29th March, 1892, and passed under the Eoyal Sign Manual and Signet, to the Governor of this colony, I have the honour to inform you that, in accordance with the directions contained therein, I have communicated the same to my Ministers, and I have now the honour to enclose the accompanying copy of a minute from the Premier having reference to Article vii. of the said Instructions. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
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Enclosure. Memorandum for His Excellency. The Premier begs respectfully to state that he is advised, so far as respects the report of a Judge in a capital case, that it is unnecessary for the Government to take any action. As the former Instructions required, the direction was given to obtain a report from the Judge who had tried a capital case where the offender had been condemned to death, but this was really no direction to the Judge, who, as a matter of practice, usually sent his report in such cases without request. There is no reason to suppose that any Judge will decline to make like reports in future. Further, the law in Canada is not suitable to our present system, where the Executive Government carry out the law, and the Judge is not called upon to interfere in any way after sentence is passed unless some legal point has arisen in which the Court of Appeal can take action. The other items of the Instructions do not call for any particular remark. 22nd August, 1892. J. Ballance.
No. 12. (No. 53.) My Lord, — Government House, Wellington, sth October, 1892. I have the honour to inform you that I have received for my assent a proposed enactment by the Federal Parliament of the Cook Islands as to the adoption of a Federal flag, a copy of which I enclose herewith. I have communicated with His Excellency the Naval Commander-in-Chief on this matter, and he is of opinion that the flag for marine use appears suitable ; and I have the honour to suggest that the matter be referred for the consideration of the proper authorities, in order that the alteration necessary in the Admiralty Flag-book may be carried out. I would also be glad to know your opinion if I should assent to the use of the Union Jack on shore on these islands. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
Enclosure. Cook Islands Flag. It is hereby enacted by the British Besident, and the Parliament of the Cook Islands, — 1. That the flag for the Federation of the Cook Islands shall be as described in the Schedule hereto. 2. That all vessels belonging to any of the Cook Islands shall use the said flag, but that on shore the flag given to us at the proclamation of Great Britain's protectorate, namely, the Union Jack, shall continue to be hoisted on all public places. Dated at Avarua, 6th July, 1892. Beserved for the consideration of His Excellency the Governor of New Zealand. —Frederick J. Moss. 9th July, 1892.
Schedule. Description of Flag for Marine Use.— Three longitudinal stripes, red white and red, of equal width, with the Union in the upper corner of the red stripe if it be allowed.
No. 13. (No. 57.) My Lord,- —■ Government House, Auckland, 2nd December, 1892. I have the honour to inform you that I have made twelve appointments to the Legislative Council, in accordance with the advice of my Ministers, as set
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forth in the extract from the Supplement to the New Zealand Gazette which I have the honour to enclose. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
Enclosure. Extract from the Supplement to the Neiv Zealand Gazette of Thursday, 13th October, 1892. Members of the Legislative Council appointed. Colonial Secretary's Office, Wellington, 15th October, 1892. His Excellency the Governor has, in Her Majesty's name, summoned—William McCullough, Esq., of Auckland ; William Jennings, Esq., of Auckland ; Thomas Kelly, Esq., of New Plymouth ; the Hon. Edward Bichardson, C.M.G., of Wellington; John Bigg, Esq., of Wellington ; William Montgomery, Esq., of Christchurch ; John Edward. Jenkinson, Esq., of Christchurch; William Campbell Walker, Esq., of Christchurch; James Kerr, Esq., of Greymouth; William Mouat Bolt, Esq., of Dunedin; John MacGregor, Esq., of Dunedin; and Henry Feldwick, Esq., of Invercargill, to the Legislative Council of New Zealand, by writs of summons under the Seal of the Colony. P. A. Buckley.
No. 14. (No. 59.) My Lord, — Government House, Auckland, 2nd December, 1892. I have the honour to forward, for your Lordship's information, a synopsis, prepared by my Solicitor-General, of the Acts passed at the Third Session of the Eleventh Parliament of New Zealand. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
Enclosure. Memorandum for His Excellency. Premier's Office, Wellington, Bth November, 1892. The Premier has the honour to forward, for transmission to the Bight Honourable the Secretary of State for the Colonies, a synopsis, prepared by the Solicitor-General, of the Acts passed at the Third Session of the Eleventh Parliament of New Zealand. P. A. Buckley, (For the Premier.)
Synopsis of the Acts passed by the General Assembly of New Zealand in the Session of Parliament held in the Year 1892. The Public General Statutes. No. 1. The Imprest Supply Act authorises an advance of £258,500 out of the Public Account by way of imprest for the service of the year ending 31st March, 1893, the money to be charged in the manner expressed in the Appropriation Act of the session appropriating the same. No. 2. The Imprest Supply Act (No. 2) authorises a further advance of £258,500, in the same manner as stated in the above-mentioned Imprest Supply Act. No. 3. The Westland and Grey Education Boards Act is in place of the law heretofore in force providing for the election of these Boards, and directs that the said Boards shall in future be elected according to the general law in force for the election of Education Boards under " The Education Act, 1877." No. 4. The Oyster-Fisheries Act consolidates and amends the law relating to oyster-fisheries, provides stricter measures for the conservation of oyster-beds, and, in further protection from denudation, imposes an export duty on oysters. No. 5. The Kaiapoi Native Beserves Act 1877 Amendment Act amends the principal Act by authorising subdivisions of the reserves to be made otherwise than in severalty to every individual owner of any share therein. No. 6. The Kaipo Beserve Act is repealed by a subsequent Act passed in the late session in substitution thereof. No. 7. The Napier Native Hostelry Site Sale Act authorises the sale of a piece of land reserved for Native purposes and no longer required for such purposes, and the application of the proceeds of such sale to like purposes. No. 8. The Orakei Succession Further Investigation Act authorises a rehearing of the claims of certain Natives in a case of a disputed succession to the interests of a deceased owner of land at Orakei. No. 9. The Settled Land Act Amendment Act is a transcript of section 12 of the Imperial Settled Land Act, 1890, making provision for dealings as between the estate and the tenant for life of settled land. No. 10. The Courts of Justice (Technical Defects Eemoval) Act grants powers to Courts of justice to amend mistakes and amend technical defects in warrants, &c. No. 11. The Provincial Ordinances Act is a declaratory Act setting forth in a schedule all ordi-
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nances of the former provinces which shall be deemed to be in force, and repealing all other such ordinances. No. 12. The Auckland University College Land Exchange Act validates a surrender made by the College Council, without sufficient authority of law, of part of their endowment lands to Her Majesty for a public reserve, in exchange for other lands. No. 13. The Mere Taka Land-grant Act authorises the Governor to grant certain lands to a Maori woman in fulfilment of an agreement made between her and the Commissioner for the Tauranga District Lands, for the cession of other lands. No. 14. The Unclaimed Lands Act provides for the placing of all private lands of which there is no known owner in the Public Trust Office, with power to the Public Trustee to lease the same as if he were the owner, the proceeds, subject to the payment of all rates and taxes on the land, to accumulate in the Trust Office for twelve years; after which period they will be transferred to the local authorities of the district wherein the lands are situate as endowments, unless in the meanwhile the owner appears and proves his title to the land, whereupon he is to receive the land subject to all contracts made by the Public Trustee, and the accumulations of rents subject to the deductions aforesaid. All land's purchased from the New Zealand Company are excepted from this Act, as not having been Crown-granted. No. 15. The Waikouaiti Beserves Act validates certain orders made by the Native Land Court for the subdivision of certain Native reserves at Waikouaiti, in substitution of previous orders made by the said Court in the same behalf which were found to have been erroneously made. No. 16. The Palmerston North Courthouse Site Sale Act authorises the sale of the land and buildings of the Courthouse at Palmerston North, and the payment of the proceeds into the Public Works Fund, receiving another piece of land for the erection of a new Courthouse. No. 17. The Fisheries Encouragement Act Amendment Act extends for five years the period during which a bonus may be paid to persons preparing canned or cured fish for export. No. 18. The Imprest Supply Act (No. 3) authorises a further advance of £258,500 in the same manner as stated in the above-mentioned Imprest Supply Act. No. 19. The Aliens Act Amendment Act repeals the Amendment Act of 1882, re-enacts the provisions thereof relating to the children of naturalised persons, abolishes the fee on letters of naturalisation except in the case of people of the Chinese race, and facilitates the naturalisation of persons naturalised in any part of Her Majesty's dominions, by an indorsement on their letters of naturalisation, instead of issuing to them new letters of naturalisation for the colony. No. 20. The Begistration of Births and Deaths Amendment Act enlarges the time during which the registration of births is possible under the principal Act; provides also for the notification to the Speaker forthwith of the death of any member of the House of Bepresentatives. No. 21. The Employers' Liability Acts Amendment Act amends the principal Act, and provides for cases when the defence of common employment shall not be available. No. 22. The West Coast Settlement Beserves Act, repealing all former laws, makes an entirely new law for the administration of the said reserves. No. 23. The New Zealand Company's Land Claimants Act requires all purchasers of land from the New Zealand Company and the Plymouth Company of New Zealand to prove their titles to such land and take possession thereof before the 30th June, 1894; otherwise the claims will be deemed to have lapsed, and their lands abandoned to the Crown. The Act is to be published in the United Kingdom. No. 24. The Bankruptcy Act consolidates and amends the law relating to bankruptcy. No. 25. The Contractors' and Workmen's Lien Act makes better provision for securing the payment of money due to contractors and workmen, by giving them a preferential lien or charge upon the whole interest of the employer in any land or chattel for the contract price of their work or labour. No. 26. The Friendly Societies Act 1882 Amendment Aot extends the limitation of the age of members of juvenile societies from sixteen to twenty-one, and provides for the appointment of a Deputy Begistrar of Friendly Societies. No. 27. The Kaipo Beserve Act (No. 2) repeals the above-mentioned Kaipo Beserve Act, makes provision for protecting the interests of the beneficiaries in certain land which was granted to two Natives now deceased in trust, it is alleged, for the tribe, but whose successors have taken the land in fee-simple by succession order of the Native Land Court. No. 28. The Local Bodies' Loans Act Amendment Act amends the principal Act in certain details, and authorises local authorities to rescind a resolution for adoption of the principal Act. No. 29. The Water-supply Act Amendment Act revives the provisions of the Counties Act repealed by the principal Act in respect of water-races constructed by Boad Boards previous to the passing of the principal Act, and excepts such races from the operation of the principal Act. No. 30. The Dairy Industry Act provides for a registered trade-mark being placed on all butter and cheese for export, designating the quality of the article and the place of manufacture, and makes provision for assuring the purity of the milk used in the manufacture. No. 31. The Land for Settlements Act establishes a Board to report upon the suitability of any private lands for settlement, and provides for the issue of debentures in payment of such lands as may be required for settlement purposes. The Act has operation only for five years. No. 32. The Public Bevenues Act is in supplement of the principal Act, making such additions thereto as have been found necessary. No. 33. The Government Loans to Public Bodies Act Amendment Act amends the principal Act in several details. No. 34. The Customs Laws Consolidation Act Amendment Act provides that the manifest shall be conclusive evidence of the shipment of goods thereon, and makes the master liable for duties on all goods not produced in discharge; also makes amended provision upon proceedings for the recovery of penalties under the principal Act.
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No. 35. The Native Land Purchases Act provides for the issue of debentures in payment of Native lands, the investment of one-half of payments to Natives in endowments for their perpetual benefit, and otherwise regulates transactions or dealings with such purchases. The Act has operation only for five years. No. 36. The Law Practitioners Act requires all moneys of clients to be paid into a separate trust account, so that they cannot be attached by any creditor of the practitioner holding the same. No. 37. The Land Act alters the law relating to the sale or occupation of Crown lands mainly by placing a limit upon the acquisition of the freehold, fixing an area of 2,000 acres, inclusive of not more than 640 acres of first-class land, as the maximum which any person can hold or acquire by purchase; abolishing the deferred-payment system of leasing lands, substituting a lease with right to purchase at a rental of 5 per cent, on the cash price of land ; also it provides for the grant of leases in perpetuity of rural lands at a standard rent of 4 per cent, on the cash price, with the right of the lessee to surrender, subject to the consent of the Board, when the lessee will have his improvements valued, and is to be paid such value by the incoming lessee. No. 38. The Manure Adulteration Act, for the prevention of fraud in the sale of agricultural manures, requires an invoice certificate to be given to the purchaser on delivery of the manure, as a guarantee of the quality thereof. No. 39. The Public Beserves Vesting and Sale Act transfers to certain local bodies reserves either for endowment or for local purposes, and authorises the sale of a portion of a recreation reserve. No. 40. The Native Land (Validation of Titles) Act substitutes amended provisions for inquiry into incomplete transactions in Native lands, and directs that no certificate of title issued by the Court in respect of any such transaction shall be valid until confirmed by Parliament. No. 41. The Police Offences Act 1884 Amendment Act amends the principal Act in relation to prosecutions for cruelty to animals. No. 42. The Offensive Publications Act prohibits the affixing or inscribing of obscene, indecent, or immoral matters to buildings, fences, &c.; also publication of certain advertisements. No. 43. The Selectors' Lands Bevaluation Continuance and Amendment Act extends the time during which selectors of land may apply under the principal Act for a revaluation, and extends the benefit of that Act to other holders of land not included in such Act. No. 44. The Servants' Begistry Offices Act provides for the licensing and registration of servants registry offices. No. 45. The Shops and Shop-assistants Act provides that a weekly half-holiday shall be granted to assistants in shops, regulates the hours of employment of women and young persons, and otherwise provides for the hours of business in shops. No. 46. The Naval and Military Settlers' and Volunteers' Land Act extends the time for sending in claims, and extends the benefit of the prior Acts to certain military and naval settlers not heretofore included; also provides for the commutation of scrip. No. 47. The Mining Act Amendment Act amends the principal Act in various details. No. 48. The Mining Companies Act Amendment Act amends the principal Act. No. 49. The Factories Act Amendment Act amends the principal Act in various details. No. 50. The Printers and Newspapers Begistration Act 1868 Amendment Act provides for the registration of an incorporated company as newspaper proprietor. No. 51. The North Island Main Trunk Bailway Loan Application Acts Amendment Act extends for another year the operation of the principal Act, and defines an increased area of Native land as subject to the operation of that Act. No. 52. The Public Works Acts Amendment Act provides supplementary provisions to the principal Act and the Acts amending the same. No. 53. The Payment of Members Act provides an annual payment for all members of the General Assembly in respect of their services at Parliament, instead of a sessional payment as heretofore. No. 54. The Land and Income Assessment Act Amendment Act modifies, varies, and amends the provisions of the principal Act. No. 55. The Land-tax and Income-tax Act fixes the amount of the land-tax and of the incometax to be levied, and the mode of collecting the same, in respect of the financial year commencing on the Ist April, 1892. No. 56. The Public Works Appropriation Act appropriates out of the unexpended balance of loan and from other sources a total sum of £682,780 for the construction of public works for the year ending 31st March, 1893. No. 57. The Appropriation Act.—The annual Appropriation Act: amounts appropriated, total £2,171,101. The Local and Personal Acts. No. 1. The Wanganui Hospital Board Vesting Act vests in the Board the land and buildings of the present hospital, with power to sell the same and apply the proceeds towards the erection of a new hospital, or to lease the land if not required to sell. No. 2. The Wellington City Sanitation Loan Empowering Act authorises a loan of £150,000 for the drainage and sewerage of the city; makes exceptional provisions as to the majority of votes of ratepayers to be required for sanctioning such loan. No. 3. The Sydenham Borough Council Empowering Act authorises the Council to grant a right-of-way over certain lands in the said borough. No. 4. The Te Aroha Becreation-ground and Bacecourse Act authorises the conversion of a recreation-ground into a racecourse reserve ; and other lands more suitable to be reserved for recreation purposes. It is a special Act under "The Public Beserves Act, 1881."
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No. 5. The Napier Harbour Board Loan Act authorises a further loan of £200,000 for the construction of additional harbour-works in Napier Harbour. It is a special Act under "The Harbours Act, 1878." No. 6. The Napier Harbour Board Further Empowering Act authorises the Board to make a claim against any borough or county within the harbour rating district for the amount of any rate that may be levied by the Board, instead of levying such rate, and authorises the Borough or County Councils to increase their general rates for the purpose of paying such claim. This provision is to be in force only within boroughs and counties voluntarily adopting the same. It otherwise amends " The Napier Harbour Board Empowering and Loan Act, 1884." No. 7. The Oamaru Bacecourse Trustees Empowering Act authorises the Trustees to borrow £1,300 for the purchase of the surrender of a lease of the racecourse reserve, and for the erection thereon of accessory buildings of a racecourse. No. 8. The Ohineinuri County Bidings Validation Actvalidates the alteration of ridings made at special meetings by the County Council instead of by special orders. No. 9. The Bohe Potae Investigation of Title Act validates several succession orders made by the Native Land Court in the determination of the title to a certain block of Native land in the Auckland District, known as Bohe Potae Block. No. 10. The Petone Corporation Loan Empowering Act authorises a loan of £16,000 for the drainage and sewerage of the borough, and for street-improvement; makes exceptional provision as to the majority of votes of ratepayers to be required for sanctioning such loan. No. 11. The Dempsey Trust Act defines the powers of the Trustees in whom certain trust funds are vested for the Dunedin Hospital and the Otago Industrial School. No. 12. The Tahoraiti Titles Amendment and Validation Act rectifies errors made in the names of Natives entitled respectively to the Tahoraiti lands. No. 13. The Ocean Beach Public Domain Act authorises the creation of a Board for the conversion of a part of the Ocean Beach into a recreation-ground and health resort. No. 14. The Mount Ida Water-race Act revests in Her Majesty a certain water-race in Otago, which had been placed in the hands of a Trust. No. 15. The Oamaru Harbour Board Advance Bepayment Act authorises steps to be taken on behalf of Her Majesty's Treasury for the repayment of an advance of £30,000 to the Board notwithstanding any doubts as to the validity of such advance. No. 16. The Auckland Harbour Board Empowering Act authorises the Board to effect certain exchanges and appropriations of land in the vicinity of the Calliope Dock. No. 17. The Otago School Commissioners Empowering Act authorises the School Commissioners to make special contracts as to leasing in localities frequented by visitors and tourists. No. 18. The Kaitangata Belief Fund Transfer Act authorises the conversion into a public Coalmining Accident Fund of the surplus moneys subscribed by the public to the relief of the sufferers from the Kaitangata Colliery explosion in 1879. No. 19. The Hukarere Native Girls' School Act authorises the Trustees of the Te Aute College to apply part of their endowment funds for the maintenance of a school for girls of the Native race. No. 20. The Cook and Waiapu Counties Property Adjustment Act authorises a new inquiry to be made for the adjustment of the assets and liabilities of the two counties on their severance, the former inquiry not being deemed an equitable one. No. 21. The Gisborne Harbour Board Act 1884 Amendment Act supplies an omission in the former Acts,' by assigning a corporate name for the Harbour Board. No. 22. The Waiorongomai Bridge Act validates the construction of a bridge over the Waihou Biver, notwithstanding the non-compliance with the provisions of " The Harbours Act, 1878," as to the construction of bridges across navigable rivers. No. 23. The Wellington Corporation and Harbour Board Streets and Lands Act vests in the Corporation and Board respectively certain lands, and authorises the dedication of the said lands to particular purposes of public utility. No. 24. The Whangarei Drill-shed Act transfers the drill-shed site from the trustees of a disbanded Volunteer rifle corps in whom it was vested to the trustees of a rifle club, subject to a refund by the club of a subsidy paid by the Defence Department in aid of the building of the drill-shed. No. 25. The Westland Churches, Schools, and Hospital Vesting Act authorises the issue of titles to certain reserves in Westland to the religious, charitable, and educational bodies respectively occupying the same. No. 26. The Wanganui Biver Trust Act 1891 Amendment Act confers further powers for levying tolls on all goods, merchandise, and animals carried on any part of the river within the district of the trust, though not shipped or landed at a wharf, jetty, or landing-place. The Act does not apply to Natives unless carrying in their canoes passengers or goods for hire. No. 27. The Patea Harbour Endowment Act makes a further endowment of land for the Patea Harbour, and authorises leases thereof. No. 28. The Westland, Grey, Inangahua, and Buller Counties Vehicle Licensing Act grants exceptional powers to the County Councils for raising revenue to meet the cost of maintaining county roads by a license-fee charged upon all vehicles using the same. No. 29. The Palmerston North Hospital Vesting Act transfers from the Corporation of the Borough of Palmerston North the land and property vested in them for a hospital to the Charitable Aid Board having jurisdiction within the said borough, for the like purpose and subject to the same trusts. No. 30. The Wanganui Harbour Board Endowment Sale Act makes special provision whereby the Board may realise upon the remainder of their endowment rural lands to obtain funds for defraying the cost of the works in progress.
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No. 31. The Westland and Nelson Coalfields Administration Act 1877 Amendment Act validates certain Proclamations and Orders in Council made under the principal Act, and the construction of railway, extends the powers of the said Act to the Bailway Commissioners, and protects leases from forfeiture for breach of covenants pending the determination of the General Assembly thereon. The Private Acts. No. 1. The Trust Money Act amends the terms of a deed of trust made between Kaihau certain Natives and the Public Trustee in relation to the value of the undivided shares of the beneficiaries under the deed. No. 2. The Wesleyan Methodist Church Property Trust Act 1887 Amendment Act confers upon the New Zealand Conference of the said Church new powers of appointment of its ministers, and provides amendments of the principal Act in relation to the vesting of Church lands and the legal estate therein.
No. CO. No. 15. My Lord, — 3rd December, 1892. I have the honour to acknowledge the receipt of your despatch (New. Zealand, No. 47) dated 26th September last, which enters fully into your reasons ; for advising me to accede to the advice of my Ministers with regard to the Legislative Council appointments. 2. I beg your Lordship to believe that I fully appreciate the consideration which you have shown me in this matter. The incident is now closed, and it is in no controversial spirit that I venture to make some remarks on your despatch, but simply because, by means of the light thrown on the affair by the proceedings of the Legislative Council during the last parliamentary session, I think it would be well to consider the conclusion to be drawn from what has occurred. 3. Your Lordship was perfectly justified in assuming that the question had been referred to you by agreement between myself and my Ministers. Strictly speaking I was a party to the reference, but it was only because I did not consider that it would be proper for me to decline to forward a memorandum when asked by my Ministers to do so. Personally, I have always been strongly of opinion that, under the Constitution of New Zealand, the question might have been solved in accordance with the traditions of constitutional government within the colony ; but I did not think I had any right to express such an opinion to your Lordship, or to appear to interfere with the undoubted right of my Ministers to appeal to the Secretary of State. 4. It is evident that when I declined to accept the advice of my Ministers they were not willing to resign; but it appears to me that when a difference arises between a Governor and his Advisers the only justification for it is its importance, and this can only be gauged by the result. 5. If, after an exchange of ideas, the Governor incurs the responsibility of adhering to his own views, and the Ministers consider the case sufficiently important, they should resign. If they do not do so, they should give way; but my Ministers did neither, and I submit that in a colony possessing responsible Government, and with the means of putting pressure on the Governor which Ministers in such a colony possess, an appeal to the Colonial Office to interfere between the Governor and themselves is not the course that would be usually expected from a Ministry with a proper conception of the rights and privileges of a self-governing colony. 6. In this case, the question whether I or my Ministers most correctly estimated the effect of the proposed appointments can best be judged, as 1 think your Lordship will agree, by an examination of the division-lists of the Legislative Council during the past session. 7. From the returns which I have the honour to enclose, it will be seen that, without any addition to the Council, out of thirty-seven Government measures introduced all were carried except two; that, had the nine appointments been made, the Government would have had the majority in every division in the Legislative Council except five ; and that, if twelve appointments had been made, the Government would have been victorious in every division except one. 8. The effect of the twelve appointments may therefore be considered to be that the Government has now, by these means, obtained a majority in the Council —a result which I thought it my duty to do what I could to resist.
A..-2,1893, No. 27.
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9. It is therefore apparent to me that had your Lordship, on receiving the memorandum referred to, replied that you thought the question was one which could be settled more satisfactorily on the spot, there would have been an entire collapse of the situation, for the simple reason that the results of the session have proved that the assumption that nine appointments were insufficient to give the Government adequate support rested on an unsubstantial basis, and that I was entirely justified in the position I took up. 10. The information derived from this return was, of course, only available after your Lordship's decision became known. 11. With regard to the different opinions expressed by your Lordship and myself as to which method formed the best basis for calculation as to the strength of the Government in the Legislative Council, I submit that further experience shows that neither would have foreshadowed approximately the result shown by the return; and my opinion is that the Legislative Council, as a body, voted last session according to conviction, tempered by a feeling that in those cases where the country's opinion is known the Council should give way. 12. In conclusion, I beg to remark respectfully that I do not feel that my position has been in any way detrimentally affected by the fact that your decision has been against my view, but I submit that the experience gained by a review of the whole incident may be expressed in the following sentence: that the practice of referring differences between Colonial Governors and their Ministers to the Colonial Office —of the calibre at least of the one in question—is not one to be encouraged. 13. The great colonies all possess the inestimable boon of self-government as fully and freely as does the Mother-country. The range of questions in which the Governor has any discretion is reduced to a vanishing-point; and what has happened does not make his task on such occasions any easier, and, on any occasions when a difference does unfortunately arise, it should be remembered that the policy of leaning on the Colonial Office is not one that commends itself to colonists generally. I have, &c.j GLASGOW. The Eight Hon. the Marquis of Eipon, G.C.M.G., &c.
* See note below.
* Note.—The three following memoranda from His Excellency the Governor to the Premier, dated 7th, 21sfc, and 22nd June, 1893, covered the despatches to which they refer when forwarded by His Excellency for publication, and the Premier's replies are attached hereto as an Appendix. Memoeanda for the Peemieb. 7th June, 1893. In forwarding the two accompanying despatches* for publication, the Governor thinks it right to state that they were not seen by the late Mr. Ballance. Glasgow. * No. 7, of 17th Februaryi 1893,—Secretary of State to Lord Glasgow ; and No. 60, of 3rd December, 1892,—Lord Glasgow toSecretary of State. The Governor has just received from the Colonial Office copies of the return " New Zealand and the Colonies (Upper House)," printed on 2nd May, by order of the House of Commons, which he has forwarded for the information of Ministers. He observes this return includes all the correspondence on the subject of the Legislative appointments of last session, except the subsidiary correspondence (as the Governor considered it) which was afterwards sent Home, and which was numbered in the papers laid before the General Assembly Nos. 3, 4, 5, 6, 7, and 11. It also includes the first despatch he wrote on the subject, dated 22nd June, 1892, which was marked " Confidential," and therefore not laid before the General Assembly last session. As it has now been printed in this return, the Governor requests that it may be included in the despatches to be laid before Parliament. He thinks it right to mention that neither the confidential despatch referred to, his despatch of the 3rd December, 1892, nor Lord Eipon's reply of 17th February, 1893, were seen by the late Premier. He would also request that Lord Onslow's memorandum left for the information of his successor, and seen by the late Premier, be included in the correspondence to be laid before both. Houses. 21st June, 1893. Glasgow.
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22nd June, 1893. Befeeeing to his memorandum of yesterday, the Governor observes he did not mention that Despatch No. 12, page 41, in the return therein alluded to, and which he did not send to the Clerk of the Executive Council for publication, was omitted, because in the telegram in which Lord Bipon informed him that he was about to lay the correspondence in question on the table of Parliament he added that he intended to omit the despatch of the 16th August, above alluded to, unless the Governor particularly wished it printed. Having replied that he did not desire its publication, considering it of no importance, he did not expect to see it in this return, and therefore did not send it to the Premier. Glasgow.
Enclosures. A.—Copy of division-lists, Legislative Council, session 1892. [Not printed.] B.—Copy of division-lists in Committee of the whole Council, session 1892. [Not printed.] C.—Members absent from the Legislative Council, session 1892 : With His Excellency the Governor's leave —Hon. Mr. Bowen, Hon. Mr. Peacock (2). Absent in England without leave, which is not necessary when a member is only absent one session—Hon. Mr. Acland, Hon. Mr. Wilson (2). Absent the greater part of the session—3oth June, from illness, Hon. Mr. Shephard; 26th July, from sickness, Hon. Mr. Shrimski; 21st July, from sickness, Hon. Captain Kenny; 21st July, granted absence for three weeks, but did not return, Hon. Mr. Bonar (4). Total absent, 8. Members on roll, 35. Members attending the session of Parliament, 27. D.—Concerning division-lists in the Legislative Council, or in General Committee thereof, also particulars concerning the said Council: — During the session of 1892 the Legislative Council's strength was 35, but, from absence and indisposition, only 27 were present. Forty Government measures were introduced in the Legislative Council. Of these, thirtyseven were passed, one was dropped, and only two were rejected, and these only after conference with the other House. The Governor is empowered under the Constitution of the colony to call to the Legislative Council such persons as he shall see fit, and no limitation has ever been made to the number, although on one occasion a Committee of the Council reported in favour of limiting the Council to half the strength of the House of Bepresentatives. That was in 1887, when, in deference to public opinion, the strength of the House of Bepresentatives was reduced from 95 to 74 members. Ac that time the strength of the Legislative Council was 49, or a fraction more than half of the other House. From that date till 1891 no appointments were made, and the strength of the Council fell to 39, or a fraction over half the other House after reduction. In 1891 the late Governor granted Sir Harry Atkinson's Government seven other appointments, but the number now granted makes the strength of the Council 47, or only two less than when the other House numbered 95, as against 74 at present. General view of results of divisions, as shown hereafter : There was a Government majority in ten divisions; there would have been a Government majority, had twelve Councillors been appointed, in other thirty-one divisions ; so that twelve appointments would have given a Government majority in forty-one divisions out of a total of forty-two divisions, leaving the Opposition, had twelve appointments been made, with a majority in one division; whereas the unbiassed opinion of the Council, as it existed before reinforcement, gave the Government a majority in only ten divisions, although all the Government measures were carried except three.
List of Divisions in the Legislative Council and in General Committee thereof during the Session of 1892 in which the Government possessed a Majority.
Date of Division. Votes for Votes for Opposition. Majority for Remarks showing the Number who voted, 27 being the Total of the Council during the Session. Government. Government. 13th September 23rd 27th 27th 28th 28th 6th October ... 8th 10th 10th 15 12 9 7 18 14 17 12 12 16 8 5 6 6 6 5 2 7 7 2 7 7 3 1 7 9 15 5 5 14 23 voted. 17 „ 15 „ 13 „ 19 „ 19 . 19 „ 19 „ 19 „ 18 „ Number of divisions. 10.
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List of Divisions in the Legislative Council and in General Committee thereof during the Session of 1892 in which the Addition of Twelve Appointments to the Council would have put the Government in a Majority instead of a Minority.
N.B.—ln three cases where an addition of Councillors would have given an equality of votes it has been assumed that the Chairman of Committees would have given his casting-vote in favour of the Government.
No. 16. (No. 63.) My Loed, — Government House, Auckland, 12th December, 1892. I have the honour to enclose a letter from my Minister of Defence asking that the "Volunteer Officers' decoration " referred to in Army Order No. 170, of the 3rd August, 1892, may be extended to the New Zealand Volunteers. I trust your Lordship may feel disposed to forward the letter for the consideration of the Eight Honourable the Secretary of State for War. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
Enclosure.. Memoeandum for His Excellency. Premier's Office, Wellington, 7th December, 1892. The Premier begs respectfully to forward, for His Excellency's information, the attached letter from the Minister of Defence, recommending that the " Volunteer Officers' decoration" referred to in Army Order No. 170, of the 3rd August, 1892, may be extended to the New Zealand Volunteers, and to request that His Excellency will be good enough to submit it to the proper authorities. J. Ballance.
Date of Division. Votes for Government. Votes for Opposition. Majority for Government with Addition. Eemarks showing the Number who voted, 27 being the Total of the Council during the Session. 1st July 15th „ 21st „ 21st „ 27th „ 28th „ 2nd August 23rd 13th September ... 14th 21st 21st 21st 21st 22nd 22nd 22nd 22nd 23rd 23rd 27th 27th 27th 27th 27th 28th 30th 30th 3rd October 3rd 3rd 10 10 9 11 1 5 5 4 4 8 7 8 7 9 6 7 7 6 8 7 G 3 6 2 4 1 G 4 6 7 3 11 12 16 13 10 14 12 16 16 14 16 15 16 14 16 16 11 14 13 12 10 10 8 11 10 12 14 16 13 10 12 11 10 5 10 9 3 5 6 3 5 3 7 2 3 8 4 7 7 8 5 10 3 6 1 4 21 voted. 22 „ 25 „ 24 „ 11 „ 19 „ 17 „ 20 20 „ 22 „ 23 „ 23 „ 23 „ 23 „ 22 „ 23 „ 18 „ 20 „ 21 „ 19 „ 16 „ 13 „ 14 „ 13 „ 14 „ 13 „ 20 „ 20 „ 19 „ 17 „ 15 „ 5 9 3 umber of divii lions, 31.
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Sub-enclosure. Sic, — Defence Office, Wellington, sth December, 1892. With reference to Army Order No. 170, " Volunteer Officers' Decoration," issued as a special Army Order on the 3rd August, 1892, I have the honour to state that at the recent session of the House of Bepresentatives a question was asked as to whether this decoration was available for the New Zealand Volunteers, which I was not in a position to reply to. I have therefore to request that this matter may be submitted to the Colonial Office, with a view to the Bight Honourable the Secretary of State for the Colonies being moved to recommend to His Boyal Highness the Field Marshal Commanding-in-Chief that the privilege of gaining this decoration may be extended to the New Zealand Volunteers on the terms set forth in the General Order above quoted. I have, &c, W. P. Beeves, The Hon. the Premier. (For the Defence Minister.)
No. 17. (No. 1.) My Loed, — Government House, Wellington, 12th January, 1893. I have the honour, in reply to your despatch (New Zealand, No. 55) of 16th November, 1892, with reference to the imposition of quarantine on arrival from Hamburg, to inform your Lordship that, in view of the fact that more recent outbreaks of cholera have been reported to have occurred at Hamburg, my Government do not propose at present to relax any quarantine restrictions. Each vessel, on arriving, will be dealt with according to the state of health of passengers and crew, nature of cargo, &c. ; and the fact that a vessel has been medically inspected and quarantined prior to her departure will receive every consideration from the Government of New Zealand. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
A.-2, 1893, No. 36.
No. 18. (No. 4.) My Loed, — Government House, Wellington, 7th March, 1893. I have the honour, in accordance with instructions contained in your Lordship's despatch circular of 24th October, 1892, to inform you that my Government are desirous that the stipulations of the Convention between Great Britain and Ecuador relative to trade-marks should be made applicable to New Zealand. I have, &c, The Eight Hon. the Marquis of Eipon, &o. GLASGOW.
A.-2, 1893, No. 30.
No. 19. (No. 5.) My Loed,— Wellington, New Zealand, 7th March, 1893. I have the honour, in reply to your Lordship's despatch circular of the 30th August, 1892, relative to exemption of United States consular officers in British colonies from Customs duties in respect of official goods imported, to inform you that my Government approve of the suggestion, and will make provision for the exemption when the tariff is next amended. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
A.-2, 1893, No. 22.
No. 20. (No. 6.) My Loed, — Government House, Wellington, 28th April, 1893. In reply to your circular despatch, dated 27th August, 1892, inquiring what arrangements have been made by this colony for its representation at Conferences and Congresses of the Postal Union, I have the honour to inform you that at a Conference of representatives of the several Australasian Colonies at Brisbane, on the 21st March, it was moved by the Hon. J. G. Ward, Post-
A.-2, 1893, No. 20.
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master-General of New Zealand, and unanimously agreed to, that, in the opinion of the Conference, one representative should be sent from Australasia on behalf of all the colonies to represent them at the Conference. That representative has not as yet, in so far as I am advised, been appointed. The Eight Hon. the Marquis of Eipon, &c. 'GLASGOW.
No. 21. (No. 7.) My Loed, — Government House, Wellington, 28th April, 1893. In reply to your Despatch No. 2, dated 9th January, 1893, transmitting a letter from the Foreign Office enclosing a note from Her Majesty's Charge d'Affaires at Washington, forwarding a resolution of the United States Senate with accompanying correspondence on the subject of the land-claims of Mr. William Webster, I have the honour to inform you that, on receipt, your despatch was immediately laid before my Ministers, and the Premier lost no time in communicating with Sir Eobert Stout, K.C.M.G., who was Premier and AttorneyGeneral when the matter was previously under the consideration of the New Zealand Government, and who was consequently well informed as to all the facts of the case. I have now the honour to enclose a memorandum* drawn up by Sir Eobert Stout, transmitted to me by the Premier, which contains what my Government deems a sufficient reply to Mr. Foster's inquiry ; and I beg to draw your attention to the opinion expressed by the Premier that there are no sufficient facts calling for a reinvestigation of Mr. Webster's claims, or for agreeing to any arbitration concerning them. I have, &c, The Eight Hon. the Marquis of Eipon, &c. GLASGOW.
A.-2,1893. No. 10.
* For enclosure, see A.-4, 1893.
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APPENDIX.
Memorandum for His Excellency the Governor. (No. 8.) Premier's Office, Wellington, 3rd July, 1893. The Premier presents his compliments, and begs to acknowledge the receipt of His Excellency's memorandum of the 7th June. The Premier regrets that, owing to his absence from Wellington and to pressure of business, the memorandum should have remained unanswered until now. As will be remembered, it covered a copy of a despatch, together with enclosures, which His Excellency addressed to the Secretary of State on the 3rd December last, in continuation of the correspondence on the appointment of members to the Legislative Council; it also covered Lord Bipon's reply thereto of the sth January. These despatches, His Excellency states, he considers it right to say had never been seen by the late Premier. Ministers take exception to the unusual course pursued in this matter, and are of opinion that it was due to His Excellency's Advisers that the same course should have been followed with respect to the despatch of the 3rd December that was taken in regard to the other correspondence on this subject. They think that before such despatch was sent to the Secretary of State the late Prime Minister and his colleagues should have had an opportunity given them of perusing it, so that, if deemed desirable, an opportunity might have been afforded of commenting thereon. Ministers consider that since the whole of the constitutional question in dispute was thus reopened, the correspondence is all-important. His Excellency asked in his despatch to the Secretary of State that conclusions might be drawn from what had occurred in the proceedings in the Legislative Council during the last session of Parliament Though this could not have affected the question of the appointment of twelve gentlemen to the Council, yet, had the Secretary of State concurred in the views submitted by His Excellency, and held them to be supported by the division-lists annexed to the despatch in question, it might have led to his instructions being varied as regards future appointments. A striking feature in connection with the matter is that His Excellency's Advisers were unaware of the existence of Despatch No. 16 until it was forwarded to them on the 7th June. Yet the same despatch was ordered by the House of Commons to be printed on the 2nd May, and arrived in the colony only ten days after His Excellency had sent it to his Ministers. The delay in forwarding such despatch to Ministers is a grave departure from the custom and usage hitherto observed. It is a departure which, if continued, must lead to great inconvenience. In a word, it is an infringement of constitutional practice. Copies of all despatches, whether confidential or not, are by the Colonial Office Eegulations to be deposited in Government House ; and in the past all despatches, unless those strictly confidential, have been at all times open to the Governor's Advisers for the time being. The regulation under which they are to be so deposited is that numbered 186. Begulation 187 provides that when so deposited they are not to be withdrawn. Under subsection lof Begulation 188 it is directed that unless they are marked " Confidential," the Governor is to lay them before his Besponsible Advisers or the Executive Council, in default of some special reason to the contrary. Since by this direction the despatches have to be laid before the Governor's Besponsible Advisers for the time being, it is a fair contention that this should be done within a reasonable time, so as to give fair opportunity for comment being made or action being taken thereupon. Already reference has been made in the House of Bepresentatives to the fact that copies of these despatches, made from the House of Commons records, have come into the hands of members. Yet, owing to the delay before referred to, the General Assembly has not seen them on the table of either House. His Excellency's Advisers wish to emphasize their opinion that the late Ministry were justified in following clear precedents by referring the difference with the Governor to the Secretary of State. They hold that this was done in accordance with the traditions of constitutional government. They assert that such reference was made by Ministers with His Excellency's concurrence. Despatch No. 16 states that it was evident that when His Excellency declined to accept Ministers' advice they were not willing to resign. This conclusion of His Excellency has taken Ministers somewhat by surprise. When advice was tendered to His Excellency's predecessor (Lord Onslow) by Sir Harry Atkinson's Administration, Lord Onslow came to no such conclusion. Again, when advice was given him by the late Ministry, it will be seen by his confidential memorandum, of the 16th February, 1892, to his successor, that Lord Onslow says, " I declined to receive advice such as was proposed, and desired that it might be deferred until your Excellency's arrival, inasmuch as my stay in the colony would not enable me to see the end of consequences which a persistent refusal to accept the advice of my Ministers would entail." It will thus be seen that Lord Onslow did not express the view to be found in Despatch No. 16; he simply wished the advice to stand over until the arrival of his successor. Had he, in refusing to accept the advice, held the view expressed in Despatch No. 16, or, if that view were correct, and the resignation of Ministers had been tendered, the position would have been an appeal to the people against the decision of Lord Onslow. He would have been absent from the colony, the Acting-Governor would have been in his place, and his successor on the high seas. Previous to the sending of Despatch No. 16 there was no persistent refusal to accept the advice; there was no demur, but a ready acquiescence by His Excellency in referring the matter to the Secretary
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of State. The question of resigning had not been hinted at; neither is it in accordance with the traditions of representative government that, when such a difference of opinion arises between the Governor and his Advisers, the Advisers should resign unasked. There is no analogous precedent where an appeal to the electors has arisen owing to a similar difference between the Governor and his Advisers. Upon this point Ministers beg respectfully to draw His Excellency's attention to the following words from the memorandum by Lord Normanby of the Bth November, 1877 : " The question as to the extent which Government are responsible to Parliament for the acts of the Governor is one which cannot possibly be decided in the colony. The Governor has therefore decided to forward the whole case for the consideration and decision of the Secretary of State for the Colonies, by whose decision he is bound to abide." The constitutional position is for Ministers to act as the defenders of the Governor. To appeal to the electors to say whether the Governor, whom they are bound to defend, is in the right or wrong, would place him and them in a most unusual and unenviable position. It is quite true that the leader of the Opposition, after the correspondence had been closed and sent home to the Secretary of State, argued that if Ministers thought the case sufficiently important they should resign; but His Excellency's Advisers dissent entirely from the contention that when a Ministry differ with the. Governor they should bring pressure upon him through the ballot-box, or, in other words, that a conflict should ensue between the people of New Zealand and the Governor, without every opportunity being first given to the Governor to withdraw from an untenable position. Ministers venture to submit that the deductions made by His Excellency from the division-lists of the Legislative Council during last session are misleading. It does not follow that, if the twelve appointments had been made, the Government would have been victorious in the divisions indicated. It must be borne in mind that on minor questions, and where no policy is involved, members of the Council vote irrespective of the Ministry appointing them. His Excellency does not show which were policy questions upon which the Council was divided, and which were questions altogether apart from policy. His Excellency was also unaware of the fact that there were measures not brought forward at all which his Ministers, knowing the state of the Council, considered it would be hopeless to attempt to pass. Again, important amendments were made by the Legislative Council in several of the policy Bills submitted by the Government —amendments which in some instances so materially altered the measures as to render them useless. In other measures, again, the amendments were such that his Ministers dropped the Bills altogether. Ministers dissent from the statement made that by the twelve appointments they have obtained a majority in the Council. They do, however, express surprise that His Excellency, without giving any reasons therefor, has thought it right to state that he considered it his duty to do what he could to prevent a Ministry, representing the popular will, from gaining a majority in the Upper Chamber. The situation is exactly as indicated by His Excellency's late Advisers. The results of the session conclusively proved the correctness of their contention that nine appointments would not have been sufficient to give the Government fair or adequate support. Had His Excellency's Despatch No. 16 been submitted to his late Advisers this could have been proved promptly by the records of the Council's proceedings. An important factor which has escaped His Excellency's attention, and which is of moment, is this : that between the time the rejected advice was tendered and the opening of Parliament, ,and even during the session, public opinion was freely expressed in support of the step advised. Strong expressions of opinion were also given against the action of the majority of the Council in opposing measures thrown out during the previous session. This may have had an influence with some of the members of the Council, but it is impossible to gauge how far this would tend to the passing of the measures which His Excellency's Advisers considered were required for the'good of the country. In some of the divisions on minor matters it may have had an effect, but on larger questions of public policy the division-lists bear out what His Excellency's late Advisers contended for—namely, that the Council was in an inefficient state, and that the Government had not any fair and adequate representation there. His Excellency's Advisers are pleased to know that His Excellency does not consider his personal position in this matter has in any way been detrimentally affected. In conclusion, they beg to submit that, notwithstanding the view held by His Excellency that his late Advisers should have resigned, the result has amply justified the course taken. The country has been spared a general election. The relative positions of the Governor and his Advisers on this most important question have been defined, and that without affecting the Governor's personal position ; whilst at the same time the bond of union between the Mother-country and her self-governing colonies has bedii strengthened by the decision given by the Secretary of State. The Premier respectfully requests that a copy of this memorandum may be laid on the table of the House of Bepresentatives and Legislative Council respectively, and that a copy be also sent to the Bight Hon. the Secretary of State for the Colonies. B. J. Seddon.
Memorandum for His Excellency the Governor. (No. 9.) Premier's Office, Wellington, 3rd July, 1893. The Premier acknowledges the receipt of His Excellency's memorandum of the 21st June, intimating that he had just received from the Colonial Office copies of the return, " New Zealand and the Colonies" (Upper House), printed on May 2nd by order of the House of Commons. The memorandum observes that the return includes all tho correspondence on the subject of the legislative appointments of last session, except the subsidiary correspondence (as His Excellency terms it), which was afterwards sent Home and included in the papers laid before the House of
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Commons, numbered 3, 4, 5, 6, 7, and 11. It also contains the first despatch, which was written on the 2nd. June, 1892, marked " Confidential," and therefore not laid before the General Assembly last session. It further intimates that neither the confidential despatch referred to—the despatch of the 3rd December, 1892 —nor Lord Eipon's reply thereto of the 17th February, 1893, was seen by the late Premier. It also requests that the memorandum left by Lord Onslow for the information of His Excellency, and seen by the late Premier, should be included in the correspondence to be laid before both Houses. In compliance with His Excellency's wish, the despatches in question will be printed and laid before both Houses. The Premier again respectfully desires to point out the inconvenience that may be caused by the Governor delaying placing despatches before his Advisers. The Premier trusts that in future His Excellency will always take his Ministers into his entire confidence when communicating with the Secretary of State. The Premier would also very respectfully point out the necessity that arises for a complete record being kept of despatches which have been forwarded. Such a record would render it impossible for any inadvertence to occur in future, such as that to which his attention has been called—namely, that of an important omission in paragraph 7 of His Excellency's despatch of the 3rd December, 1892 ; which despatch had been forwarded for the purpose of being printed. If the error had not been discovered by His Excellency the despatch would have been published, and, on comparison with the original, the omission would have been apparent;. The Premier requests that a copy of this memorandum may be laid on the table of the House of Representatives and Legislative Council respectively, and that a copy be also sent to the Bight Hon. the Secretary of State for the Colonies. E. J. Seddon.
Memoeandum for His Excellency the Governor. (No. 10.) Premier's Office, Wellington, 3rd July, 1893. The Premier begs to reply to His Excellency's memorandum of the 22nd ultimo. This memorandum intimates that " His Excellency did not mention that Despatch No. 12, page 41, in the return alluded to in his memorandum of the 21st ultimo, and which he did not send to the Clerk of the Executive Council for publication, was omitted, because, in the telegram in which Lord Bipon informed him that he was about to lay the correspondence in question on the table of Parliament, he added that he intended to omit the despatch of the 16th August unless the Governor particularly wished it printed ; and His Excellency, having replied that he did not desire its publication, considering it of no importance, did not expect to see it in this return, and therefore did not send it to the Premier." The Premier would respectfully point out that in this, as in the other cases, necessity is shown for the usual course being followed, and that all despatches, unless those considered by His Excellency as strictly confidential, should be laid before Ministers or the Executive Council. It might have happened, had the House met a little earlier, that the despatches in question would have been published with important omissions therefrom, not shown by our parliamentary records. At the same time copies of the same despatches would have been correctly printed in the records of the House of Commons. The practice of submitting despatches to the Prime Minister has been invariably followed by His Excellency's predecessors. The despatches have always been open to the Prime MinisterThe question Was raised in 1873. The attached correspondence took place between the then Governor, Sir James Fergusson, and his Advisers, and the resolution which forms part of the papers was passed by both branches of the Legislature. The Premier would also respectfully draw His Excellency's attention to Nos. 186 and 188 of the Colonial Office Begulations, page 324, which clearly point out the course to be followed respecting despatches to and from the Secretary of State. The Premier respectfully requests that a copy of this memorandum may be laid on the table of the House of Bepresentatives and Legislative Council respectively, and that a copy be also sent to the Bight Honourable the Secretary of State for the Colonies. B. J. Seddon.
Correspondence between His Excellency Sir James Fergusson and Ministers relative to the Publication of Despatches to and from the Secretary of State. Memorandum for Ministers. (Confidential.) The Governor requests that Ministers will be so good as to examine copies of certain despatches which were marked for printing and presentation to Parliament by the late Governor, and are now in Mr. Amelius Smith's hands. The Governor would not desire to withdraw despatches which for any reason personal to himself Sir George Bowen desired to make public, but he cannot forget that the presentation to Parliament will be his own act, and that he and his Advisers are alone responsible for that step. He would, in the first place, call the attention of Ministers to the fact that in the despatches now in the hands of the printer are several in which the various changes of Ministry which occurred during the last session and during the recess are reported to the Secretary of State, and also several in which the Secretary of State acknowledges their receipt. The Governor does not think it a very convenient course to lay before Parliament the terms in which he reports such changes, and, if he does no more than report the occurrence of a change of Ministry, the presentation of the despatch becomes a mere and useless formality. But he would not desire to arrest upon his first arrival the process already so far advanced, were there not, in his
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opinion, grave objections to the publication of one of the despatches—viz., that numbered 79, and dated 20th September, 1872, in which, after relating the facts of the change of Ministry that had just taken place, Sir George Bowen comments upon the position of the Maori members in the House of Bepresentatives and upon certain measures with regard to the Maori race which he anticipates. Inasmuch as it would be difficult to omit one despatch of a similar series or one portion of that particular despatch, the Governor would be disposed to withdraw all those having reference to the change of Ministry, in the absence of any recommendation by Ministers. There are many despatches in which Sir George Bowen relates certain meetings with Maori chiefs and tribes, and several in which the officer lately administering the Government informs the Secretary of State of the late murder by a Maori in the Waikato district, and of the subsequent proceedings of the Government. The Governor would desire that the presentation of these to Parliament should depend upon the opinion of the Native Minister, or of the Ministry generally, as to the expediency of doing so, especially with reference to the second category. He would particularly be reluctant to publish statements of probable amnesties, the hope of which subsequent events may have weakened. There are also certain despatches relating to correspondence with the Secretary of State and with other colonial Governments upon postal contracts and telegraphic extension, the publication of which should depend upon the time at which Ministers intend to consult Parliament upon those subjects. Government House, 20th June, 1873. Memorandum for His Excellency. Ministers have carefully considered His Excellency's confidential memorandum. It is difficult to understand the reason for incurring the expense of printing much of the correspondence to which His Excellency directs Ministers' attention ; but the late Governor was in the habit of instigating the publication of his despatches without reference to their possessing public importance. It may be open to question whether despatches should be made public covering intimations of changes of Government. Ministers believe the practice has been to make such despatches public, and His Excellency will recognise the delicacy they must feel in advising any change of practice, since the despatches under consideration concern not themselves only, but their predecessors. Two of the despatches relative to changes of Government are incomplete in their statements, and apparently intentionally so, and it might be held that by withholding their publication it was intended or desired to allow them to pass unchallenged. Ministers do not shrink from the responsibility of calling attention to the uncandid nature of the documents, and probably at some future time they will move His Excellency to direct the notice of the Secretary of State to the subject, In the meanwhile, as they do not understand His Excellency to require their advice as to whether these despatches should be published, they do not feel called upon to advise their publication. Should Parliament move for their production Ministers would probably advise compliance with the request; but in that case they would advise the omission of the paragraphs to which His Excellency considers there are " grave objections." A note could be made to the effect that the omitted portions had nothing to do with the context, and that their omission was considered expedient. Ministers would ask His Excellency, to save misconstruction, to allow them to confidentially explain to some of the leading members that the omissions were in no sense made in the party or political interests of the Government. Ministers-thank His Excellency for the consideration which prompts his referring to them the despatches concerning Native affairs. Such a course is most expedient, since it will prevent the publication of information which it is not desirable to publish, and it will leave Ministers at liberty to freely communicate with His Excellency on Native subjects without their having to fear an inevitable, and therefore possibly a premature and injurious, publication. The last class of despatches referred to by His Excellency it would be desirable to publish at once. It is the practice to prepare in anticipation of the session all the papers that it is supposed will be required during the meeting of Parliament: the resources of the printing office are generally overtaxed. Wellington, 21st June, 1873. Julius Vogel. The Governor has to acknowledge the memorandum of Ministers of the 21st instant, in reply to his memorandum of that date, and he is glad to be in so complete accord and understanding with them upon the subject to which it relates. Considering that several matters of past controversy may be reopened by some of the late Governor's despatches having reference to the change of Ministry which took place shortly before his arrival, he would prefer to withhold them unless they should be asked for by Parliament; but he will be prepared to act upon the advice of Ministers, should they recommend him to lay them before Parliament in reply to an address. He would be glad, in that case, that Ministers should explain, in the manner they deem most convenient, the omission of certain paragraphs having no reference to the matter in hand, and he would append a note to that effect as suggested by Ministers. He will be happy to inform the Secretary of State of any points, with the statement of which by Sir George Bowen, they are dissatisfied. He will at once revise the list of despatches marked for presentation according to the plan proposed, and will only add that he by no means desires to withhold, now or at any future time, from Parliament any despatches which may pass between the Secretary of State and the Governor which would contribute any information desired by Parliament or deemed expedient by Ministers to be communicated. 23rd June, 1873.
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The Governor transmits, in reply to the address of the Legislative Council, dated 24th July, 1873, " Copies of all despatches not already printed from His Excellency the Governor and ActingGovernor to the Secretary of State relative to the Ministerial changes during and subsequent to the last session of the Assembly, and also relative to the Native meetings at Maungatautari and Ngaruawahia, and to the late Governor's visits to Native districts since last session, including that to Kawhia Harbour, and of all replies of the Secretary of State to such despatches." The Governor desires, according to the practice in this colony and elsewhere, to present to Parliament such despatches as bear upon subjects to which the attention of Parliament has been invited by the Government, or in which they have interested themselves, as well as such as he has been directed by the Secretary of State to make public. He will also be ready at all times to afford all the information in his possession with reference to any subject which may engage the attention of Parliament, with the solo limitation attached by the Council to their present address. He would, however, submit that to lay before Parliament all correspondence passing between the Secretary of State and himself would involve the printing of many formal despatches covering and acknowledging documents already in the possession of Parliament, of which a large portion of the correspondence consists, besides establishing a general practice which the Governor believes has never been claimed either by the Imperial Parliament or by a Colonial Legislature.
Memorandum for the Hon. the Premier. Wellington, 4th July, 1893. The Governor has received the Premier's memoranda of the 3rd July—Nos. 8, 9, and 10—which he will be happy to forward to the Secretary of State. Though it would be easy for him to reply to memorandum No. 8, the Governor does not propose to do so, as he considers that on the adoption by him of the advice of the Secretary of State as to the appointments to the Council the incident was closed; but this did not preclude him from writing freely to the Secretary of State his opinion, which he still holds, on the present situation, and he maintains his right to adopt this course. In reply to the Premier's reference to paragraph 188 of the Colonial Office Begulations, the Governor considered he had " a special reason " for the course he took as regards his despatch of the 3rd December to Lord Eipon. The Governor authorises the Premier to lay this memorandum and those above mentioned before both Houses of the General Assembly. Glasgow.
Approximate Cost of Paper.— Preparation, not given; printing (1,300 copies), £15 14s.
By Authority: Samuel Costall, Government Printer tor the time being, Wellington.—lB93.
Price od.]
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Bibliographic details
DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE., Appendix to the Journals of the House of Representatives, 1893 Session I, A-01
Word Count
20,098DESPATCHES FROM THE GOVERNOR OF NEW ZEALAND TO THE SECRETARY OF STATE. Appendix to the Journals of the House of Representatives, 1893 Session I, A-01
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