1410 THE JUDICIARY [PART VI
It appears to be clear that at least two of the Australasian
Governments (those of New Zealand and Queensland) enter-
tain the opinion that, in the exercise of the prerogative of
mercy, there should be distinct ministerial advice, tendered
under definite ministerial responsibility! Tt is possible that
these two Colonies may not be alone in their contention ;
and, should your Lordship see your way to give effect to
Mr. Ballance’s wishes by definite instructions in that direction,
T cannot see that any danger to the Empire need be feared.
The rapid strides made by these Colonies in recent years
have resulted in the building up of a social fabric differing
only in degree from the older communities of Europe ; and
circumstances have much changed since Sir H. Parkes wrote
in 1874 deprecating any change in the existing practice,
because, he said: ‘The persons entrusted with authority,
and the relatives and friends of prisoners, move closely
together in a community so small as ours.” Ministers are
capable of assuming complete responsibility for the adminis-
tration of local affairs without exception. Public opinion
expressed through a number and variety of channels is
speedily exercised and quickly felt.
Any abuse of power or danger to the preservation of order,
if not checked by the influence of Parliament, would be
certainly arrested by the first general election, an event
which can never be postponed longer than three years, but
which usually recurs much more frequently.
14. In the earlier history of the Australasian Colonies, as
in that of Canada, there may have been much to be said in
favour of the practice, but the causes which operated to
effect a change in the Dominion have not been wanting in
Australasia, and should your Lordship see fit to assimilate
the practice here to that which obtains in Canada, the
principles of responsible government will be complete, while
the Queen’s representative will be freed from an anomalous
position, and a difficult and undesirable duty.
As the result of Lord Onslow’s suggestion, the Secretary
of State addressed the several Colonies on the topic, with the
result that all agreed in the adoption of the usual rules
regarding executive action, under which the Governor should
* South Australia in the same year showed the same feeling, the Govern-
ment threatening resignation. Prior to 1892 the Governor discussed capital
cases in Council, asking the junior member his opinion first. Since then the
Cabinet decides on its advice and the Governor approves in Council, being
given of course an opportunity of seeing the papers before Council.
