The Pamphlet Collection of Sir Robert Stout: Volume 10

Technical Responsibility for Native Government.—theory of Separate Administration

Technical Responsibility for Native Government.—theory of Separate Administration.

But this is not all. It will be said that, whatever may have been the intention of the framers of the Constitution, yet, in fact, the whole power of Government was, by consent of the Imperial authorities, assumed and exercised by the colonists. This was by no means the case. All the functions of administration have been carefully reserved and exercised by the Home Government, as I shall proceed to shew.

Local self-government established.

From the first session of the General Assembly, in 1856, which followed the arrival of Governor Gore Browne in 1855, dates, the establishment of complete local self-government by the colonists, three years after the passing of the Constitution Act. The crown officials were then replaced by gentlemen possessing the confidence of the legislature. From this time began the practical application of the theory deducible from the Constitution Act—the division of the Government into two branches, one for the administration of European, the other of Maori affairs. As in the mode of creating and carrying; out this distinction lie the main facts of the case now under discussion, I will narrate the circumstances somewhat in detail, appealing almost exclusively to such sources of information as are readily accessible in this country.

No reply from Colonial Office.

To this first indication of Governor Browne's policy it is remarkable that the Secretary of State, in a seemingly careful reply to the despatch, [ ib. pp. 4G6-8] does not refer by so much as a single word. But soon Her Majesty's Government were asked to be more explicit.

Formal announcement of Governor's plan.

Governor Browne found that different opinions were entertained as to the meaning of that section of the Constitution Act which reserved to Her Majesty certain exclusive powers in native affairs. As he deemed the subject "of great importance, and one which must affect the relations between the Governor and his responsible advisers," he submitted it for the consideration of the Secretary of State in the following-words, on the 19th March 1856, lb. p. 193]:—

"The view I have taken of the relation which ought to exist between myself and my responsible advisers (when they take office) is, that, as these gentlemen are responsible to the Assembly, I should be guided by their advice in all matters under the control of that body, even when I differ from them in opinion. On matters affecting the Queen's prerogative and imperial interests generally, 1 should receive their advice; but when I differ from them in opinion, I should, if they desire it, submit their views for your consideration, but adhere to my own until your answer is received.

"Among imperial subjects I include all dealings with the native tribes, more especially in the negotiation of purchases of land. My responsible advisers would probably fix the amount to he expended in any one year in the purchase of land; but at that point their interference should cease.

"The Governor alone is responsible to Her Majesty's Government for the tranquillity of the colony, which would be endangered even by the ordinary and inevitable change of opinion consequent on a change of my advisers. It is also necessary to observe, that though I might be judiciously advised by gentlemen who have lived among the natives, and had experience of their habits and feelings, I should also be liable to advice from gentlemen of great influence-who have never resided among them, and from others whose known opinions would, if acted on, plunge the country into war or inextricable difficulties.

"If my views are correct, it is evident that the Chief Land Commissioner and his subordinates must take their orders from me alone. My late Despatches will have satisfied you that in all dealings with the natives the utmost caution and the most careful management are necessary; and if the power of interference with them is confided to gentlemen liable to the pressure of public opinion, and whose tenure of office is dependent.on the confidence of a public assembly, it will be impossible to foresee the result."