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

cHAF. Iv] THE PREROGATIVE OF MERCY 1393 was unusual, even in a Crown Colony, where the Governor is assisted in forming a judgement by the opinion expressed as to the merits of each case by the Colonial Secretary or other member of the Executive by whom such cases may be submitted for decision. Upon inquiry I was informed that it had been the practice here ever since the establishment of responsible government for the Governor to dispose of all applications for mitigation or pardon, except in capital cases, without reference to ministers. I was told that a correspon- dence had been going on with the Home Government for nearly three years on the subject, but that, the instructions received being thought to be conflicting, Sir A. Stephen had, a few days before my arrival, written fully to Lord Kimberley, describing precisely the practice here, and inquiring whether it was thought desirable that a different course should be adopted. Although, therefore, I entertained grave doubts myself as to the propriety of the practice, 1 thought it better, as it had been in force for sixteen years, and was then under reference to the Secretary of State, to make no change until a reply was received to Sir Alfred Stephen’s dispatch. When Lord Kimberley’s answer reached me, in May 1873, I at once forwarded a copy of it to the Premier, for his consideration in connexion with the previous correspondence on the same subject. It appeared to me that this dispatch, read in conjunction with the circular dispatch of November 1, 1871, was clearly condemnatory of the practice which had up to that time been pursued in New South Wales. Under that system the Governor alone could be considered respon- sible for the exercise of the prerogative of pardon in other than capital cases, whilst it was clear that Lord Kimberley considered the responsibility for decisions, which were so intimately connected with the proper administration of jus- tice and the prevention of crime, should rest with ministers, and not solely with the Governor, as heretofore. It seemed to me from the correspondence that the one thing which Lord Kimberley held to be indispensable was ministerial responsibility ; so long as this obligation was clear and acknowledged it was a matter of little consequence by what form of consultation it was arrived at. I took the earliest opportunity, after the receipt of Lord Kimberley’s dispatch, of speaking to Mr. Parkes on the subject. I pointed out that the question so long under reference home had, at length, I thought been conclusively disposed of, and I expressed my readiness to initiate a system more in accordance with home views and constitutional

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