A.—lA

8

Tide N.Z. Gazette, No. 14, of 4th March, 1873, page 153.

take.* Under these circumstances, I felt it to be my duty to request Mr. Waterhouse to reconsider his position; pointing out that the resignation of the Prime Minister must, in accordance with constitutional usage, ipso facto dissolve the existing Ministry at a very inconvenient moment —that is, on the eve of the departure of the Governor, and of the temporary assumptiom of office, as Administrator of the Government, by the Chief Justice. I added, that if Mr. Waterhouse should persist in his proposed course, it appeared to me that it would become the duty of Ministers to advise the summoning of Parliament at the earliest period practicable. Sir George Arney would thus be enabled to have recourse to the advice and assistance of the Legislature in the formation of a new Ministry, while Mr. Waterhouse would have an opportunity of explaining the motives of his conduct. 3. From the correspondence annexed, it will be seen that Mr. Waterhouse declined to withdraw his resignation, and finally left me no alternative but to relieve him from office. I then requested Mr. Eox to become Premier and Colonial Secretary, and to reconstruct the Ministry ; which he consented to do as a temporary measure under the peculiar circumstances of the case, and from a sense of public duty, though at considerable personal inconvenience to himself, for, as I have already reported,! he had some time since determined to retire from official life. 4. It will be observed that it is stated in my Memorandum of the 28th ultimo, that if I were able to remain long enough in New Zealand, I should myself deal with the whole question so suddenly raised, but that this is impossible, for your Lordship's instructions are imperative that I should proceed without delay to my new government of Victoria. I may add that I would take the responsibility of deferring my departure while awaiting further instructions, if New Zealand were in the least danger or difficulty—if, for instance, there were any prospect of a renewal of Native disturbances, or if even there were any grave political problem to solve. But there is absolutely nothing of the kind. This Colony has never been so prosperous or so tranquil as at the present time. lam assured that there is no change whatsoever in the policy of the Colonial Government. 5. In conclusion, I would observe that my main object throughout the affair referred to in this Despatch, as on all other occasions of like nature, has been to assert and uphold the well-known constitutional principles applicable to the case, and, in particular, the principle that the death or resignation of a Prime Minister must dissolve the existing Administration. I have, &c, The Eight Hon. the Earl of Kimberley. G. F. BOWEN.

Enclosure 1 in No. 5. Memoeanuum to the Hon. the Peemiee. Tou are already aware that we have received the information given by you verbally to us of your intention to resign your office of Premier with much surprise and regret. You favoured us with the perusal of a copy of a letter dated 4th February, to the Hon. Mr. Vogel, which you had forwarded before communicating its contents either to us or to His Excellency the Governor. In your letter you state the grounds which had induced you to form the resolution to resign ; and on the reasons therein stated, as well as the position of affairs generally, we desire to tender now to you our observations, in the hope that you may be advised to reconsider your determination and to continue in office. In your letter to the Hon. Mr. Vogel, you state that you have felt throughout that Mr. Vogel regarded himself as the actual and you as the nominal Premier, and the strength of his will and the advantage arising from his having formed the Ministry had given him an influence in the Ministry which was fatal to you exerting the influence attached to your office as Premier. This paragraph contains two points which deserve notice. First, as regards the formation of the Ministry. We understand that the whole of the members of the Cabinet were individually agreeable to you and had been approved of by you ; and that although Mr. Vogel had been the medium of communication, he had your entire concurrence in this. No attempt, so far as we are aware, has been made in any one instance to force any member upon you against your will. This belief has strengthened us in hitherto working with you in the utmost cordiality and harmony. At the same time, if it is to be held as a legitimate inference that you are dissatisfied with the personnel of the present Ministry, and are of opinion that a change would be beneficial to the public interest, we are each ready to pilace our resignation in your hands. * Since the retirement of Mr. Waterhouse, Ministers have found it necessary to publish this and the other official documents connected -with the case. t See Despatch No. 87, of 26th October, 1872, paragraph 4.