21

A.—4.

are probably few Governments which would not have hastened to anticipate such a demand, by placing before Parliament the materials on which to form a judgment as to their conduct. But Ministers are responsible for the advice they tender, and His Excellency has no difficulty in acceding to their recommendation, although he deeply regrets it. In like manner, although he could certainly desire that his two despatches of the 3rd and 28th December should be laid before Parliament, he without hesitation accepts the advice tendered to him with respect to them. But with regard to the first set of papers the case is different. The Governor's order has been more than a week given, and it appears to him that he has now neither the power nor the right to recall it. On his signing the order, the members of both Houses became at once entitled to the documents to which it related, and the mere fact that those whose duty it was to carry that order into effect have neglected to do so does not affect the question. His Excellency, therefore, while he acquiesces in the decision of the Government to present no further papers to Parliament on the subject of the West Coast Native affairs, is unable to recall those papers, the presentation of which has already been directed by him, in accordance with the advice of Ministers. A. H. G. Government House, Wellington, Bth June, 1882.

No. 26. The Peemiee to His Excellency Sir A. H. Goedon. Memorandum for His Excellency. The Premier presents his respectful compliments to the Governor. 2. Ministers have been anxious to avoid all grounds for a controversy with His Excellency ; and they regret that the despatch of December 28th, 1881, necessitates some reply on their part. 3. Ministers do not propose to enter generally into the subject of that despatch, as they feel that the interest it formerly possessed has now, for the most part, passed away, in consequence of the complete change that has taken place in the state of affairs with reference to which it was written; but there are two or three points which they cannot permit to pass without notice. 4. This despatch came upon Ministers altogether by surprise. It was written to place upon record His Excellency's " reasons for considering that, except as regarded a few comparatively unimportant " points, the memorandum of Mr. Hall afforded no cause for the withdrawal, modification, or altera- " tion "of any part of His Excellency's despatch of 26th Eebruary, 1881. Ministers were under the impression that the correspondence on that subject had closed nearly twelve months before, and that all important documents connected therewith had been communicated to them. The papers relating to the subject of which Ministers were cognizant, had been put into type, for presentation to Parliament, when a copy of the despatch of the 28th December was forwarded, by His Excellency's direction, to be printed and presented at the same time; and it was then that Ministers first became aware that any such document was in existence. 5. Ministers do not desire to raise any question whether, strictly speaking, His Excellency was right or wrong in the course adopted ; but they respectfully desire to record their conviction, that such a course is very perplexing, and calculated to impair the relations that ought to exist between a Governor and his Responsible Advisers. 6. It appears from the sixth paragraph of the despatch of December 28th, that His Excellency has requested that an addition should be made to his despatch of the 26th Eebruary, 1881—by direction of the Secretary of State, after the document was received by him —by the insertion of the words, " and money also paid them for the extinction of rights to the north of Waingongoro." Ministers think that they have a right to take exception to alterations being made, without their knowledge, in a document which had been communicated to them, and to which they had replied : the more especially as the insertion is, in this instance, a material one, and is calculated, as they believe, to convey erroneous impressions. Eeed. Whitakee. Wellington, 10th June, 1882. _r.—l^C-tt-— - 1--!-r~-: ■-; T i-.-.—*..— .. .■ ■ yl__ ,;■;._;:. -.fij J£ZZ# T^ZSSOtSSB

Sub-enclosure to Enclosure in No. 38.

See No. 20.

No. 27. His Excellency Sir A. H. Goedon to Mihtstees. Memorandum for Ministers. The Governor has to acknowledge the receipt of Mr. Whitaker's memorandum of this day's date, and recognizes with pleasure the desire of Ministers to avoid the prolongation of controversy on points with respect to which he and they entertain dissimilar opinions. That desire His Excellency fully shares, nor does he deem it necessary that he should reply at any length to Mr. Whitaker's memorandum. On two of its paragraphs, however, he feels compelled briefly to comment. The statements made in the fourth paragraph, with respect to His Excellency's despatch No. 81, of the 28th December, 1881, are, he believes, strictly accurate; but he apprehends that they would probably convey somewhat erroneous impressions to persons unacquainted with all the facts of the case. With the exception of two paragraphs subsequently added, and a few sentences here and there slightly changed, the Governor's despatch No. 81, of the 28th December, was written in the month of June, 1881, and originally constituted his despatch No. 43, of the 16th July, 1881, commenting on the contents of Mr. Hall's memorandum of the 15th June. In that form it was communicated to Mr, Hall,