THE JUDICIARY [PART VI
principles whenever he was prepared to take up the ques-
tion. . . .
So the matter rested until about a month ago, when the
attention of Parliament was attracted to the proposed
release of the bush-ranging prisoners. The dispatches as
regards the exercise of the prerogative of pardon were then
called for, and Mr. Parkes wrote his Minute of the 30th ultimo,
which will be found amongst the published papers.
Mr. Parkes’ view as embodied in this paper was simply this :
he preferred that the responsibility of deciding upon applica-
tions for mitigation of sentences should remain as heretofore,
solely with the Governor ; but if a change were insisted on,
and the cases of prisoners were to be decided on the advice
of ministers, as required by the Secretary of State, he could
see no sufficient reason for making a distinction between
this class of business and the ordinary business of Govern-
ment. In effect, he declined to accept any responsibility
for ministers unless they had, not only in form but in
substance, a voice in such decisions.
I at once felt that it was impossible for me to accept
Mr. Parkes’ alternative of allowing matters to remain as they
were. Such a settlement would have been opposed to the
views of the Secretary of State, and it would have been
instantly protested against by Parliament, as inconsistent
with the principles of responsible government. The discus-
sions which had already taken place in Parliament had
shown beyond all question the necessity for some minister
being responsible for the pardons granted, as well as for
those which might be refused. As instancing the necessity
for ministerial responsibility, in even the latter class of cases,
I enclose a parliamentary paper which shows how charges of
sectarian partiality and official corruption can be based on
a refusal to entertain an application for mitigation. It will
be obvious from a perusal of this paper how necessary it is
that Her Majesty's representative should be relieved from
a position which exposes him to such imputations.
I accordingly felt no hesitation in closing with Mr. Parkes’
other alternative, and deciding that for the future all applica-
tions for mitigation of sentences should be submitted to me
through the intervention of a responsible minister, whose
opinion and advice, as regards each case, should be specified
in writing on the papers. This is simply the mode in which
all the ordinary business of Government is conducted, and
I could see no sufficient reason for making any distinction in
these cases. If the appointment of judges and other preroga-