Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

¢HAP.1v] THE PREROGATIVE OF MERCY 1389 the Governor that the responsibility of deciding upon such applications rested with the Governor, who had undoubtedly a right to act upon his own independent judgement. But unless any Imperial interest or policy were involved, as might be the case in a matter of treason or slave-trading, or in matters in which foreigners might be concerned, the Governor would be bound to allow great weight to the recom- mendation of his Ministry. This was in effect repeated in a circular dispatch of November 1, 1871! and in a dispatch of February 17, 1873.2 replying to some criticisms of that circular raised by Sir Alfred Stephen, the administrator of the Government. In 1874 the matter was brought to a new issue by a minute from Sir H. Parkes in which he objected to partial control, and desired either none or complete control. The minute was forwarded to the Secretary of State by the Governor. The following are extracts from these papers :(— Minute for his Excellency the Governor I have given much consideration to the expediency of changing the system of treatment in the cases of petitions presented for the absolute or conditional pardon of convicted offenders, and have carefully read the correspondence on the subject, commencing with Lord Belmore’s dispatch of July 14, 1869, and closing with Lord Kimberley’s dispatch of February 17, 1873. The minute of Mr. Robertson, which gave rise to this correspondence, does not appear to me to deal with the real question which the dispatches of the Secretary of State present for determination in the Colony. That question, in any view, is the extent to which the minister is to have an active voice in the decision of these cases; but in my view 1t is much more—it is whether the minister is virtually to decide in every case upon his own direct responsibility, subject of course to the refusal of the Crown to accept his advice, which refusal at any time should be held to be, as in all other cases, tantamount to dispensing with his services. The seventh paragraph of the minute alone touches the question of the minister’s relation to the Crown, and it seems © Parl. Pap., C. 1202, p. 8. Cf. Parkes, Fifty Years of Australian History, i. 329-46. * Ibid, p. 7. See also Hansard, cexxiii. 1065-75. 19793

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