910

THE NEW ZEALAND GAZETTE.

7. Immediately on the production of the paper, one of the strongest supporters of the Government
   moved that it was a breach of privilege. A debate arose; a Committee was appointed, who reported to
   the House that a breach of privilege had been committed; and an Address was presented to me. I at
   once sent it to the Government, requesting them to give me their advice as to the answer I should give.
   What subseqently occurred will be best explained to your Lordship by the correspondence which has
   e A.-5, 1877. taken place between the Government and myself, printed copies of which I enclose.

8. The Government having positively declined to be responsible to Parliament for the act, which
   they maintain was a personal act of my own, I felt (notwithstanding the assertion of Sir George Grey
   in his memorandum of the 8th November, that the Governor is not responsible to the Secretary of
   State in this matter) that I had no other course open to me than to appeal to your Lordship.

9. In the meantime, I considered it would not have been respectful to the House of Repre-
   sentatives to leave their Address entirely unanswered. I could not, however, send the answer advised
   by the Government, because, by so doing, I should have admitted that it was myself, and not the
   Government, on whom the responsibility rested; besides that, in a case where the Government decline
   the responsibility, it appears to me that they could certainly have no right to advise.

10. It is undoubtedly my duty to act honorably, fairly, and impartially with any Government
    who may possess the confidence of the House, and to accept their advice on all public matters, unless
    I see sufficient cause for objecting to it; in which case, should they consider the matter of sufficient
    importance, they have the option of resigning, and thereby relieving themselves from all further
    responsibility, and in that case, I should have to justify my conduct to the Secretary of State for the
    Colonies.

11. It has always been my constant endeavour to act cordially, and in the most frank and open
    manner, with every Government that I have had; and Sir George Grey cannot point to a single
    instance, except that of the appointment of Mr. Wilson, in which, since he has been in office, I have in
    the slightest degree hesitated or demurred to accept the advice tendered to me by the Government.
    When, however, they denied their responsibility, and maintained that the responsibility rested on
    myself personally, then I assert, without fear of contradiction, that their right to advise me ceased; as
    I must utterly repudiate the idea that I am bound, either constitutionally or otherwise, to be fettered
    by the advice of any Government, in a matter where my own personal honour, character, or reputation
    are at stake.

12. Under these circumstances, I considered it my duty to send the message contained in the
    printed correspondence enclosed, and to lay the whole correspondence on the table of the House, in
    order that the House might be aware of the reasons which had guided my conduct; and I feel perfectly
    confident that the House will retain no feeling of resentment towards myself, for anything that may
    have taken place.

13. The constitutional question, however, as to the extent to which the Government are responsible
    to Parliament for the acts of the Governor, still remains to be settled; and I consider it a question of
    such vital importance to the future good government of this colony, and to the position which is to be
    held by Her Majesty's representatives, that I must ask your Lordship to inform me whether I am
    right in the opinion which I hold, namely, that so long as they retain office, it is the Government, and
    not the Governor, who are solely responsible to Parliament for the acts of the Governor.

14. In placing this matter before your Lordship, I have purposely abstained from entering into
    any arguments, or in any way urging my views or opinions upon your Lordship. I have simply stated
    facts, and I lay before your Lordship the whole case as printed for Parliament, and I await with
    confidence your Lordship's decision.

The Right Hon. the Earl of Carnarvon, &c.

I have, &c.,
NORMANBY.

No. 2.

The SECRETARY of STATE for the COLONIES to His Excellency the GOVERNOR.

(No. 4.)
MY LORD,-

Downing Street, 3rd January, 1878.

I have the honor to acknowledge the receipt of your Despatch No. 53, of the 14th of
November, in which you desire me to inform you whether you are right in the opinion which you have
expressed, that, under the Constitution of New Zealand, the Ministers so long as they retain office, and
not the Governor, are solely responsible to Parliament for the acts of the Governor.

The brief interval of two days between the receipt of your despatch and the departure of the
mail, combined with an unusually heavy pressure of other business, compels me, however unwillingly,
to postpone until the next opportunity the examination and review of the question which you have
submitted for my decision; but I will not allow the mail to depart without informing you that I entirely
approve your referring to me as Her Majesty's Minister any question which affects your conduct as
Governor and representative of the Queen in New Zealand.

Governor the Most Hon.
The Marquis of Normanby, G.C.M.G., &c.

I have, &c.,
CARNARVON.

No. 3.

The SECRETARY of STATE for the COLONIES to His Excellency the GOVERNOR.

(No. 7.)
MY LORD,-

Downing Street, 15th January, 1878.

In my Despatch No. 4, of the 3rd instant, I acknowledged the receipt of your Despatch No. 53,
of the 14th November, and I acquainted you that, while I found it necessary to postpone my examina-
tion of the question which you had submitted to me, I would not delay to inform you that I approved