174 THE EXECUTIVE GOVERNMENT [PART Ix
constitutions to lay down rules by which the Governor could
be removed on votes of two-thirds majorities of either house.
This attempt was not approved by the Imperial Government,
and dropped, but it was only an attempt to recognize what
is the rule, that a Governor who cannot work with ministers
must be recalled, unless he has acted on Imperial grounds,
and the dispute is not one between him and ministers, but
between the Imperial and Colonial Governments.
As a matter of fact, the Governor is exposed to censure
by his Parliament, and it would depend on the terms of the
censure whether or not he was recalled by the Imperial
Government. A man’s usefulness need not by any means
be gone because he has been censured. There are several
instances of censure on record, both in respect of actions
which were in effect Imperial and of actions which were
Colonial. For example, in 1861 an attempt was made by
the Legislature to censure Governor Sir W. Denison in New
South Wales for his action in sealing a land grant himself
when the Secretary declined to do so ; he acted in accordance,
or in supposed accordance, with his instructions from the
Imperial Government, which until 1855 had had the ultimate
control of the lands, and felt itself bound to make the grant
alluded to, and the motion of censure was not actually carried.!
In 1877 a vote of censure was passed by the New Zealand
Parliament upon the Governor, Lord Normanby, because of
his action in declining to appoint Mr. Wilson to membership
of the Legislative Council when a vote of non-confidence in
ministers was pending, on the ground that it was not proper
for the Governor to take notice of a matter in agitation in
the Lower House as a reason for refusing to accede to advice
tendered by his ministers. The Governor then asked his
ministers to advise him what reply he should return to the
resolution passed by the Lower House, but they declined
bo advise him, and declined to accept his view that they
should either resign and give him the chance of obtaining
new ministers who would assist him or defend his action.
Accordingly Lord Normanby sent home the correspondence,
! New South Wales Legislative Assembly Votes, i. 58, 416, 647-743.