cHAP. vi] GOVERNOR AS IMPERIAL OFFICER 291

from Lord Carnarvon, dealing with the then usual division
of responsibility in the exercise of the prerogative of mercy
between the Governor and the Ministry : ‘ If it be the right
and duty of the Governor to act in any case contrary to
the advice of his ministers, they cannot be held responsible for
his action, and should not feel themselves justified on account
of it in retiring from the administration of public affairs.’
This position was adopted in full by the Ballance Government
in New Zealand in 1892, when they were involved in a dispute
 with the Governor as to the addition of members to
the Legislative Council, and when he refused to add the
number asked for, being under the impression that it was
his duty as an Imperial officer to maintain the constitutional
balance of the Houses contrary to ministerial advice, a view
which it is fair to say it was quite natural, if erroneous, for the
Governor to take on the papers before him. He therefore
declined to appoint the twelve members they asked for to
redress the balance of debating power in the Upper House, not
to swamp it, and offered nine, a concession which they refused
to accept. They would not, however, resign their offices despite
 the refusal, as the Governor wanted them to do, so that
the matter might have been decided by a reference to the
constituencies, but referred home to the Secretary of State,
who in a dispatch of September 26, 1892, the anniversary of
which is now made the Dominion Day of the Dominion,
practically told the Governor to accept ministerial advice
wherever the interests of the Imperial Government were not
concerned.!
In the case of Natal in 1906 a serious difference of
procedure occurred.? On March 28, 1906, the Governor
telegraphed that a court martial had ordered the execution
of twelve natives out of twenty-four for the murder of certain
police officers. The proceedings of the Court had been carefully
 reviewed by the Governor in Council, and being in
order and no injustice committed, he had accepted the
unanimous advice of his ministers to carry the sentence into
effect. In a reply by telegraph on March 28, the Secretary
! Parl. Pap., H. C. 198, 1893-4, p. 48. * Ibid., Cd. 2905.
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