914

THE NEW ZEALAND GAZETTE.

9. Under these circumstances, it appears to me, notwithstanding the various reasons given by Sir
   George Grey, that the Government are not in a position which would constitutionally entitle them to
   demand a dissolution.

10. Of course, if I could admit the doctrine laid down by Sir George Grey, that a dissolution is a
    matter in which, under Responsible Government, the Governor has no right to exercise any discretion,
    and that he is bound to grant a dissolution whenever the Government of the day may see fit to demand
    one, there would be an end of my argument. I feel confident, however, that the views expressed by
    Sir George Grey as to the position of Her Majesty's representative under Responsible Government, are
    hardly such as will be accepted by your Lordship.

11. It is perfectly true that in England questions of this kind are not brought before the public, but
    I believe that is caused, not by the right of a Minister to demand a dissolution at any time being admitted,
    but rather by the great moderation and consideration which are always shown by Ministers in advising
    a dissolution, and by the extreme reluctance which is always evinced, both by Ministers and by Parlia-
    ment, in any way to bring into open controversy any exercise of the undoubted prerogative of the
    Crown.

12. I can, in conclusion, only express a hope that my action in this matter, and the opinions I
    have expressed, may meet with your Lordship's approval.

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

I have, &c.,
NORMANBY.

No. 11.

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

(No. 9.)
MY LORD,—

I have the honor to acknowledge the receipt of your despatch No. 63, of the 14th of Decem-
ber, enclosing a copy of your correspondence with Sir George Grey, in reference to the wish of your
Ministers to obtain a dissolution of Parliament.

I have read this correspondence with the care and attention which the subject demands, and I feel
bound to express my dissent from the views which Sir G. Grey has advanced, which would seem
unduly to limit the prerogative of the Crown.

The responsibility, which is a grave one, of deciding whether in any particular case it is right and
expedient, having regard to the claims of the respective parties in Parliament, and to the general
interests of the colony, that a dissolution should be granted, must, under the Constitution, rest
with the Governor. In discharging this responsibility, the Governor will, of course, pay the greatest
attention to any representations that may be made to him by those who at the time are his Constitutional
Advisers; but if he should feel himself bound to take the responsibility of not following his Ministers'
recommendation, there can, I apprehend, be no doubt that both law and practice empower him to
do so.

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

I have, &c.,
M. E. HICKS-BEACH.

No. 12.

The Governor to
The Hon. the PREMIER to His Excellency the GOVERNOR.
the Secretary of
State-
Memorandum for His Excellency.

SIR GEORGE GREY presents his respectful compliments to the Marquis of Normanby, and acknow-
ledges the receipt of five despatches, addressed by the Governor to the Secretary of State, together
No. 53, 13th Nov. with the replies thereto, as numbered in the margin.
No. 55, 16th Nov.
No. 60, 10th Dec. 2. The Governor has, in four of these despatches, transmitted, for the Secretary of State's
No. 62, 10th Dec. decision or opinion, various questions connected, firstly, with the duties of the Governor of this
No. 63, 14th Dec. colony under the Constitution Act; secondly, with the duties of Ministers under the same law; and,
thirdly, with reference to the privileges and proceedings of the House of Representatives of New
The Secretary of
Zealand.
State to the Go-
vernor-
3. Had the Governor confined himself to a correspondence with the Secretary of State simply for
No. 4, 3rd Jan.
his own satisfaction, the Ministers of New Zealand would have had nothing to do with the matter; but
No. 7, 15th Jan.
the Governor has gone much further, for he has communicated the despatches alluded to, and conse-
No. 6, 7th Jan.
quently the decisions and opinions of the Secretary of State, to his Responsible Advisers, and has
No. 1, 5th Feb.
commanded them to lay the correspondence before Parliament.
No. 8, 15th Feb.
No. 9, 15th Feb.
4. Under these circumstances, Sir George Grey thinks it his duty to submit, for the Governor's
information, an enclosure, showing what are the precise powers given to the Secretary of State by the
Constitution Act, in reference to all questions relating to the proceedings of the General Assembly of
Enclosure.
New Zealand.

5. The Governor will find from this enclosure, that the Secretary of State has no right or authority
   whatever to interfere with the proceedings of either of the branches of the General Assembly, or to
   determine what are their respective rights and privileges, or to communicate to them any decision or
   opinion, for their guidance or otherwise, in relation to their proceedings, rights, or privileges.

6. If it had been the desire of Parliament that an appeal should have been made to the Secretary
   of State for his decision or opinion, upon points connected with the questions which the Governor has
   raised in his despatches, undoubtedly, by an agreement entered into with the Governor, such questions