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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

caAapr. Iv] THE PREROGATIVE OF MERCY 1407 personal opinion to the advice of his ministers.! Then came the case of the pardon of a Maori, Mahi Kai, in New Zealand, on ministerial advice, in which Lord Onslow sent a dispatch on February 7, 1891, as follows to the Colonial Office :— 2 I have the honour to report that on October 21, 1890, sentence of death was passed upon one Mahi Kai, a Maori convicted of the murder on April 12, 1890, of one Stephen Maloney. 2. The jury in delivering the verdict accompanied it with a recommendation to mercy on account of his age (17 years), and his being of the native race. 3. I went fully into the case, and my Executive Council advised me to commute the sentence to one of penal servitude for life, and I accordingly did so. 4. The minute in the book recording the proceedings of the Executive Council is as follows : ‘ The Minister of Justice submits the case of Mahi Kai, an aboriginal native under sentence of death for murder at New Plymouth. Commuted to penal servitude for life.’ 5. From this your Lordship will observe that there is no record of the advice given by the Executive Council, nor does any such advice appear upon the papers in connexion with the case. 6. A question has been raised as to the form in which this advice should be given in such cases—whether orally at the Council, or in writing on the papers at the time of their consideration by the Executive Council. I enclose a memorandum from the Premier, from which your Lordship will gather that my present advisers entertain the opinion that all acts of administrative government within the Colony should, without exception, be done on the advice of ministers? They entertain the same opinion as to the advice which ' Queensland Legislative Assembly Votes, 1889, i. 601. As the action recommended was under the Offenders’ Probation Act. 1886, the letters patent hardly, in my opinion, applied. * New Zealand Parl. Pap., 1891, Sess. 2, A. 1, pp. 5, 6; cf. pp. 19, 20. * They said that the power of pardon should be regulated like all other executive powers, that is, if the Governor wished he could refuse to accept advice subject to the ordinary consequences (viz. the need of finding other advisers in case of resignation), They do not discuss or recognize the case of action in Imperial interests as they were forced to do in 1892, when they did not resign when Lord Glasgow refused to grant them an increase in the Council.

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