Governor's Reply to Premier




918
THE NEW ZEALAND GAZETTE.
The Governor must decline to enter into any argument or discussion with Sir George Grey as to
the position or authority which belongs to the Secretary of State under the Constitution Act, as that
is a question which the Governor has no power to decide, and it is, in his opinion, one, the ultimate
consequences of which, if pushed to extremes, might prove far too serious to the future interests of this
colony to be dealt with in a correspondence of this kind.

The Governor is certainly surprised that views such as those now expressed by Sir George Grey
should emanate from a person who for many years had the honor of acting as Her Majesty's repre-
sentative in this and other colonies; and the more so when he remembers that so late as two years ago,
when in opposition, Sir George Grey did not hesitate to invoke, both by letter and by telegraph, the
authority of the Secretary of State, in opposition to the views of the Government of the day, for the
purpose of defeating a measure which had been passed by large majorities in both branches of the
Legislature, and that after he was aware that the Secretary of State had officially announced that Her
Majesty would not be advised to exercise her power of disallowing the Act for the Abolition of Pro-
vinces, and, therefore, according to the views now expressed by Sir George Grey, after the Secretary
of State had any power to interfere.

The Governor would point out to Sir George Grey that throughout the Constitution Act no
mention whatever is made either of the Executive Council or of Responsible Government, the first being
constituted under the authority of the Royal Commission held by the Governor, and the other owing its
existence to instructions contained in a despatch from the Secretary of State; and yet no one would
contend that they do not exist because they are not mentioned in the Constitution Act.

The Governor considers it also perfectly unnecessary that he should follow Sir George Grey in the
opinions he expresses as to the mode in which the business of the Colonial Office is conducted. They
are simply the expressions of Sir George Grey's own belief, and the Governor has good reasons for
thinking that he is entirely mistaken. No doubt, as is necessary in every office, the drudgery and pre-
liminary work is performed by the permanent staff; but the Secretary of State is solely responsible for
the decisions arrived at, and, in latter days, at any rate, the various Secretaries of State for the Colonies
have been persons who have made themselves masters of the various subjects brought before them, and
who, in all important questions, have exercised an independent judgment upon them.

Whatever may be the opinions entertained by Sir George Grey as to the duties and powers of the
Secretary of State for the Colonies in New Zealand, there can be no doubt that the Governor is
responsible to him as the Constitutional Adviser of Her Majesty on colonial matters; and that it is his
duty to report to the Secretary of State all matters of importance that may take place, and to be
guided in his actions by the instructions which he may receive from him as the constitutional mouth-
piece of the Sovereign.

During the last session of Parliament, various questions arose which resulted in correspondence
between the Governor and Sir George Grey, the whole of which was laid before Parliament, and was
subsequently forwarded by the Governor to the Secretary of State.

The Governor is perfectly ready to admit that, under Responsible Government, Ministers have a
perfect right to claim that all correspondence which in any way commits them shall be done by their
advice and at their instigation; but where the Governor is asking the decision of the Secretary of
State on his action, and still more so, as in this case, when he was forwarding for the decision of the
Secretary of State a correspondence which had taken place between himself and his Government, and
which had already been laid before Parliament, he can admit no such claim.

Under the Constitution Act, the Governor, as representative of the Queen, is as much a part of
the Constitution as either branch of the Legislature. He has certain rights and duties to perform; and,
while he has no wish to trench in the slightest degree upon the rights and privileges of the other
branches of the Constitution, he is bound to preserve intact those which have been entrusted to his
care by his Sovereign. Should the Governor exceed his powers, or commit any action to which exсер-
tion can justly be taken, an appeal is at all times open to the Secretary of State; but the Governor
cannot admit his responsibility to any other authority.

In directing that the despatches from the Secretary of State, together with his own, should be
laid before Parliament, he was simply following the course which is adopted in every British colony.

For his own part, he would have much preferred that they should have been published in the Gazette
as soon as they arrived; but he felt that it was due to the position and dignity of Parliament that they
should first be presented to the two Houses of the Legislature, especially as in the matter of privilege
he had informed the House of Representatives that he was about to refer the question of ministerial
responsibility to the decision of the Secretary of State. At the same time, if Sir George Grey, on his
responsibility as Minister, advises that the despatches should be published in the Gazette, instead of
being laid before Parliament, the Governor is quite prepared to accept that advice, provided they are
published at once, and that Sir George Grey's memorandum, together with this answer, is published
at the same time.

The Governor begs to inform Sir George Grey that it is his intention to forward this corre-
spondence to the Secretary of State by next mail; and he will be quite prepared, at the same time, to
forward any remarks that Sir George Grey may wish to make.

Government House, Wellington, 17th June, 1878.

NORMANBY.

No. 14.

The Hon. the PREMIER to His Excellency the GOVERNOR.

Memorandum for His Excellency.

SIR GEORGE GREY presents his respectful compliments to the Marquis of Normanby, and acknow-
ledges the receipt of his memorandum of the 17th instant.

  1. The Governor is pleased, in that memorandum, to state as follows:--"The Governor is certainly


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Online Sources for this page:

VUW Te Waharoa PDF NZ Gazette 1878, No 59





✨ LLM interpretation of page content

🏛️ Continuation of Governor's memorandum regarding constitutional powers and correspondence. (continued from previous page)

🏛️ Governance & Central Administration
17 June 1878
Governor, Sir George Grey, Secretary of State, Constitution Act, Responsible Government, correspondence, Parliament, Despatches
  • George Grey (Sir), Subject of Governor's memorandum

  • NORMANBY (Governor)
  • SIR GEORGE GREY (Premier)