REPORT OF THE GOVERNOR ON THE ESTABLISHMENT OF RESPONSIBLE GOVERNMENT1

April 30, 1856

I HAVE the honor to inform you that on the day previous to the meeting of the Assembly on the 15th instant, I addressed the accompanying letter, marked No. 1, to Mr. Sewell, who is the senior of the gentlemen who held office on similar terms during the first session of the Assembly, and who had at the time of their retirement a large majority in their favor. Mr. Sewell accepted the invitation, and I then placed in his hands the "minute" marked No. 2. Having associated with him Messrs. Whitaker, Bell, and Tancred, this minute was discussed and explained in a memorandum," marked No. 3. Both documents were then signed and agreed to by Mr. Sewell and Mr. Whitaker the Attorney General, on the full understanding that the terms were subject to alteration and amendment by the Secretary of State, but not until his decision shall have been received.

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2. The Assembly having been prorogued for a few days, met again on the 25th instant, when I addressed to the House of Representatives a message (vide enclosure No. 4.), recommending pensions for those members of the Executive Council whose retirement is a necessary preliminary to the formation of responsible government.

3. On the motion being brought forward that the House should enter upon the consideration of this message, Mr. Sewell, in a speech of considerable length, and which I 1 Commons Papers, 1860, vol. 46, No. 2719, p. 208.

forward as reported in one of the local newspapers, made a statement of the policy of the Government he was attempting to form.

4. I regret that the immediate departure of the mail prevents my giving you further information on this subject than that the "Pension Bill" has been read a second time, and that it is at present referred to a Committee of the whole House for the purpose of deciding what amount of pension shall be granted to the retiring officers.

5. At present I can only add that the gentlemen mentioned above, namely, Henry Sewell, Frederick Whitaker, Francis Dillon Bell, and Henry John Tancred, Esquires, have taken the prescribed oaths as members of the Executive Council, and that the three former will, as soon as the "Pension Bill" is passed, assume the several offices of Colonial Secretary, Attorney General, and Colonial Treasurer. Mr. Tancred, who is a member of the Legislative Council, will have a seat in the Executive Council, but without holding office.

6. I trust that by the next mail responsible government will have been fully established, and that I shall be enabled to submit satisfactory arrangements for Her Majesty's approval and confirmation.

ENCLOSURE No. 1

Auckland, April 14, 1856.

THE Governor presents his compliments to Mr. Sewell. He would be obliged if Mr. Sewell will confer with him on the subject of a responsible ministry.

Having determined on maintaining a perfect neutrality in all party questions, the Governor thinks it right to say that he makes this request to Mr. Sewell, having been one

of the ministry of which Mr. Fitzgerald (now absent) was the chief, and which possessed the confidence of the Assembly when they retired from office.

ENCLOSURE No. 2

April 15, 1856.

THE view the Governor takes of the relation between himself and his responsible advisers is as follows:

1st. In all matters under the control of the Assembly, the Governor should be guided by the advice of gentlemen responsible to that body, whether it is or is not in accordance with his own opinion on the subject in question.

2d. On matters affecting the Queen's prerogative and imperial interests generally, the Governor will be happy to receive their advice, but when he differs from them in opinion he will (if they desire it) submit their views to the consideration of Her Majesty's Secretary of State, adhering to his own until an answer is received.

Among imperial subjects the Governor includes all dealings with the native tribes, more especially in the negotiation of purchases of land.

He will receive and act on the advice of his responsible advisers in reference to the amount of money they may desire to have expended in any one year in the purchase of land, but beyond this he considers himself bound to act on his own responsibility.

The Governor alone is responsible to Her Majesty for the tranquility of the Colony, which would be endangered by the ordinary and inevitable change of opinion consequent on a change in his advisers.

It follows as a necessary consequence of these views, that the Chief Land Purchase Commissioner and his subordinates must take their orders from the Governor alone.

Before giving his assent to Acts passed by Provincial Councils and other matters of a legal nature, the Governor will require the annexed certificate from the Colonial Secretary and Attorney General; and in approving appointments to vacant offices, he will require to be assured that the gentlemen recommended are fit and eligible for their respective situations.

ENCLOSURE No. 3

Memorandum

(a) IN explanation of paragraph No. 1, the Governor of course reserves to himself the same constitutional rights in relation to his ministers as are in England practically exercised by the Sovereign.

(b) In further explanation of the same paragraph, he intends by the term "matters under the control of the Assembly," all matters whatever relating to the government of the Colony not referred to in paragraph No. 2.

(c) In explanation of paragraph No. 2, the Governor refers to clauses 19, 20, and 21 of the royal instructions accompanying his commission, which oblige him as a general rule to take advice in all matters with his Executive Council. He considers such rule as applying to the subject referred to in paragraph No. 2, and he will not object (having the Queen's sanction to that effect) to limit the members of the Executive Council to his responsible ministers.

(d) In explanation of the 4th paragraph, the Governor would observe, that he feels no objection to the House of Representatives defining the specific lands to be purchased, it being, however, understood, that it is not to be

compulsory on the Governor to make purchases, if in his opinion political reasons render it inexpedient to do so.

ENCLOSURE No. 4

Message

THE Governor transmits to the House of Representatives for their consideration the draft of a bill to provide for the retirement of certain officers of the Executive Government.

The object of this bill is to prepare the way for the introduction of responsible government, by providing for the retirement of the gentlemen who now hold the offices of Colonial Secretary, Attorney General, and Colonial Treasurer, and who were appointed on the tacit understanding that they would be permanent.

The Governor does not propose any specific amount of pensions, but trusts that the House of Representatives will adopt a scale of compensation somewhat similar to that which has been adopted and approved in other British colonies.

Should the bill pass into law, no time shall be lost in carrying it into effect.