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