920
THE NEW ZEALAND GAZETTE.

by apparently good arguments, they had at once adopted them; that it was clearly impracticable for
them to do more, and it was the weight of arguments such as I have used upon this subject, which had
led them to aid in legislation, the object of which was to remove, in as far as was possible, the most
important dependencies of the Crown from under the control of the Colonial Department.

12. The Governor is pleased to say that, "Should the Governor exceed his powers, or commit
    any action to which exception 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."

13. Sir George Grey ventures to differ with the Governor upon this point. He believes that the
    moment the Governor assumes office in this colony, and begins to act under the Constitution Act, his
    responsibility is to the law, and not to any other authority; and that he would not be justified in
    obeying commands of the Secretary of State, or in noticing any instructions from him, except in so far
    as these were in strict conformity with the law. That is the authority which should be recognized, and
    which should be obeyed.

14. Sir George Grey goes a degree beyond this. The Secretary of State may be very ignorant of
    the real state of affairs in this colony, and, should he instruct the Governor, even within the limits of
    the law, to do something which was evidently unjust, or seriously detrimental to the interests of the
    people of this country, Sir George Grey believes that a Governor should not carry such instructions out,
    but should remonstrate, and point out what justice and the welfare of the Queen's subjects required to be
    done in the case.

15. There is an observation in an early part of the Governor's memorandum which might lead to
    erroneous conclusions on the subject now under consideration. The Governor states that he must be
    guided in his actions by the instructions which he may receive from the Secretary of State, as that
    officer is the constitutional mouthpiece of the Sovereign. In truth, the Secretary of State is the
    Constitutional Adviser, and not the mouthpiece, of the Sovereign. What he proclaims is, the advice
    which he gave to the Crown-advice which, in the case of a change of Ministry, may vary in a day.
    He, indeed, declares his own will and nothing else. That will may be based upon insufficient informa-
    tion, or advice given by some irresponsible person, who may earnestly desire to carry out views of his
    own.

16. Sir George Grey is, again, from these considerations, driven to believe that a Governor who
    undertakes to govern a country, and to administer its affairs for the welfare of the Queen's subjects
    inhabiting that country, is bound, from the moment he enters on his office, to do nothing he may
    conceive to be unjust or wrong, whatever may be the nature of his instructions. He should reason,
    remonstrate, and do his best to have justice done, and if he failed, yield his place and allow
    some other person to do that which his conscience told him ought not to be done. On any other
    principle than this, there is no hope for the future of the Queen's colonial possessions, or the
    lengthened maintenance of the integrity of the Empire.

17. The general application of these principles in New Zealand falls under a rule connected with
    the Constitution Act. That Act permits the General Assembly to make a law by which the Governor
    of this country could be elected, instead of being nominated by the Crown. The relations between
    the Governor of New Zealand and the Secretary of State should, therefore, be such as are equally
    applicable to the case of a nominated or an elected Governor.

18. Sir George Grey is equally anxious with the Governor to preserve the position and dignity of
    Parliament. He believes that the line of conduct he has adopted upon the present occasion is
    eminently calculated to produce that end. He trusts it will be so considered, for he feels that,
    according to his knowledge and ability, he has done his best to merit the support of Parliament
    and the people of New Zealand.

19. The Governor is pleased to say that, for his own part, he would have much preferred that the
    despatches of the Secretary of State, together with his own, should have been published in the Gazette
    as soon as they arrived; and that 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 that they are published at once, and that Sir George
    Grey's memorandum, together with the Governor's answer, is published at the same time.

20. Sir George Grey, acquiescing in these views, respectfully tenders to His Excellency the
    advice that is asked for, and, in compliance with the Governor's wishes, will direct the publication of
    this correspondence in the New Zealand Government Gazette.

Wellington, 20th June, 1878.

G. GREY.

No. 15.

His Excellency the GOVERNOR to the Hon. the PREMIER.

Memorandum for the Hon. the Premier.

THE GOVERNOR presents his compliments to Sir George Grey, and begs to acknowledge the receipt of
his memorandum of this day's date.

The Governor considers that no public advantage can be derived by a prolongation of this corre-
spondence, and, therefore, he must decline to make any remarks upon it.

NORMANBY.

Government House, 20th June, 1878.

Printed under the authority of the New Zealand Government, by GEORGE DIDSBURY, Government Printer, Wellington.
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