✨ Government Despatches
people of New South Wales have hitherto exercised the powers they possessed
through their Representatives, seemed
fully to justify the grant of the enlarged
power which will now be entrusted to
them in relation to their financial affairs;
but it has been deemed right by Parliament, in order the more completely to
maintain the independence of the Judges
of the Supreme Court, to provide that
no diminution of judicial salaries by colonial enactments shall affect Judges appointed previously to the passing of such
enactment.
" 16. All other salaries, except those
of the Governor and Judges, are placed
by Parliament under the ordinary control of the legislature. With regard to
the mode of exercising this control, you
will, however, observe that reductions of
fixed establishments, or of any expenditure provided for by permanent laws, can
only be effected by Acts of the Legislature, which, of course, require the assent
of the Crown, signified by yourself, and
confirmed by Her Majesty; but I wish
you distinctly to understand that there is
no desire on the part of Her Majesty’s
Government to prevent prospective reductions of charges which, in the opinion
of the colonists, will safely admit of being
diminished. The interests of existing
office-holders must be protected, because
they accepted those offices with expectations which cannot justly be disappointed. But subject to these interests, there
is no objection to the legislature fixing
whatever scale of emoluments they may
think fit for public servants to be hereafter appointed. I should, for my own
part, consider it highly injudicious to reduce the salary of an office so as to render it no longer an object of ambition
to men of ability and of respectable station. But this is a matter in which the
interests of the colonists only are involved, as they will be the sufferers from
any failure to provide adequate remuneration for those by whom the public service is carried on; the determination,
therefore, of what is sufficient must be
left to the legislatures, with whom will
rest the responsibility for the judicious
exercise of the power.
- I consider it, however, absolutely essential that, whatever may be the rate
of payment, the salaries of all the principal officers of the Government should,
for the reasons stated in the Report of
the Committee of the Privy Council, be
permanently granted; that is, not voted
from year to year, but provided for in the
same manner as charges on the Consoli-
dated Fund in this country by Acts, and
therefore only susceptible of alteration
by Acts of the legislature passed in the
ordinary manner, with the consent of the
Crown. You will therefore understand
that you are not at liberty to give the assent of the Crown to any Act which may
be passed reducing the salaries of those
who are now in the public service, or
rendering dependent on annual votes any
of the charges now provided for by permanent appropriations. Any Acts of this
sort you will reserve for the signification
of Her Majesty’s pleasure, unless you
consider them so manifestly objectionable
as to call for their rejection. Subject to
this restriction, you are authorised to
exercise your own judgment in giving or
withholding your assent from Acts for
the reduction of the fixed charges on the
colonial revenue.
On the Motion of the Colonial Secretary, the Despatch read and ordered to
be printed.
His Excellency laid on the Table the
following Despatch from the Right Hon.
the Minister for the Colonies, on the
subject of the "Land Claimants’ Ordinance," which, on the motion of Mr. D.
Ibell, was read and ordered to be printed.
DESPATCH FROM SIR JOHN PAKINGTON
TO GOVERNOR SIR
GEORGE GREY.
Copy—No. 34.
Downing Street, 21st July, 1852.
Sir,—I have to acknowledge your despatch, No. 133, dated September 25th,
1851, transmitting a copy of the New
Zealand Company’s Land Claimants’
Ordinance, and your despatch, No. 6, of
the 6th January, 1852, in which you inform me that you had ceased to carry
out the provisions of that Ordinance on
finding that they conflicted with those of
the Imperial Act 14th and 15th Victoria,
c. 86, for "regulating the affairs of certain settlements established by the New
Zealand Company."
- I fully appreciate both the usefulness of the objects which the Legislature
proposed to effect by this Ordinance, and
also the difficulties under which it was
considered and passed. It is to be regretted that you did not receive any instructions of the views of Her Majesty’s
late Government as to these questions
for so long a period as that stated in your
despatch of the 6th January. But subsequent correspondence will have shown
you, that this delay was in no respect occasioned by neglect: it originated in the
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Extract from a Despatch from Earl Grey to Governor Sir George Grey
(continued from previous page)
🏛️ Governance & Central Administration1 February 1852
Provincial Councils, Legislative Institutions, New Zealand
🏛️ Despatch from Sir John Pakington to Governor Sir George Grey
🏛️ Governance & Central Administration21 July 1852
Land Claimants’ Ordinance, New Zealand Company, Legislative Conflict
- Sir John Pakington, Minister for the Colonies
- Governor Sir George Grey
New Munster Gazette 1852, No 31A