1980 - Sewell, Henry. The Journal of Henry Sewell, 1853-7. Volume II - MEMBER OF THE MIXED MINISTRY, p 28-90

       
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  1980 - Sewell, Henry. The Journal of Henry Sewell, 1853-7. Volume II - MEMBER OF THE MIXED MINISTRY, p 28-90
 
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MEMBER OF THE MIXED MINISTRY

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MEMBER OF THE MIXED MINISTRY

[Sunday,] 11 June [1854]. I have a long gap to fill up, and I must sqeeze it all into as small a compass as I can for I have little time on my hands. The Revolution is accomplished. Responsible Government is un fait accompli. FitzGerald is Prime Minister, with Weld as Colonial Secretary about to be, and myself as Solicitor General pro tem; that is, such is the present outline of arrangements agreed to by the Governor and accepted by the House; and which will in all probability be effectuated in the course of next week. This is a strange affair, is it not? Now as to how it came about. After the Governor's speech, we all took counsel under Wakefield's leadership as to what course to take. There were Meetings, public and private, general and particular, with individuals and every body; all tending to one point, viz. to put out our utmost strength to establish Responsible Government at once. A few preliminary meetings of the House gave us an opportunity of skirmishing a little. Some men got up and moved returns--others wanted to put questions to the Minister, but he was no-where. Small discussions took place as to how we were to get the Speaker's washing stand and towels, and how to provide Sandwiches and Sherry for exhausted Members, and where the money was to come from, and who we were to ask about it. We looked about us for signs of forthcoming Bills, but the Table was vacant, and for aught that appeared we might be left to provide our own bill of fare for the Session. On Monday [29 May] FitzGerald (by arrangement chosen as leader, pro hac vice [for this occasion]) gave notice that he should on Thursday 1 June move an address in answer to the Speech. And immediately afterwards Wakefield by like arrangement gave notice that he should on Friday 2 June move a Resolution affirming the principle of Ministerial responsibility, and further stating that if the house adopted that Resolution, he should afterwards move an address to the Governor, founded on it. Then he moved an adjournment till Thursday, suspending all business till these matters were disposed of. 1 I must say Wakefield is an admirable political General, bold, skilful, and above all things, knowing where to plant his weapon deepest and deadliest in his enemy's side. It was just one of those coups which he delights in.

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The interval up to Thursday [1 June] passed in a desultory way--paying visits--suiting ourselves with lodgings, which we have accomplished at a mantua-maker's. We have two rooms, small, but decently furnished and clean. We pay the immoderate sum of £4 a week, including every thing except food, but that is at least twice as much as one would pay in London for such accommodation. Some of the Southern people have established a Club. There is a large house formerly occupied by Sir George Grey but at present untenanted. 2 The landlord offered to furnish it, and let it, for the moderate sum of £150 for three months. It was big enough to hold a good many people, and it was first suggested that the FitzGeralds, Ludlams, 3 Monroes and ourselves with two or three bachelors, should take it and live together. There were to be all sorts of agreeable reunions, Music &c. The distance from the Town considerable--the road a great part of the way execrable. Still in the general destitution of Lodging room, it was no case for choice. We looked at it, and wisely resolved against it. That sort of life may do very well, once a week, but every day would be intolerable. (I suspect they all begin to repent of it.) We declined and the others proceeded with their plan; their first difficulty being Servants. How they managed I do not know--but Elizabeth tells me that poor Mrs FitzGerald and Mrs Ludlam look fagged to death. The Ludlams vacated our present lodgings, which we hold (as they did) under arrangement with Wakefield, who has got a sort of hold upon them in case he wants to change his quarters. This is the only objectionable point, but we cannot help it.

Thursday [1 June], The campaign opened again. By the bye I ought to mention a circumstance which took place in the House immediately after the Speaker was chosen [on Friday, 26 May],--whether the proceedings should be opened with prayer. The old difficulty arose, who was to perform the Service, and the old objections were made against indirectly recognising any one religious body in preference to others. I must say the tone of the house was excellent. A Scotch Presbyterian of Otago (McAndrew) and an Auckland Methodist (Forsaith) 4 agreed in urging that the (quasi) Parish Clergyman (Mr Lloyd) should be invited to read prayers. 5 After a little smart discussion this was carried by a great

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majority. Mr Lloyd was introduced, read prayers very reverently and retired; and we proceeded to business. We have since settled that the Speaker shall every day read a short form of prayer (to be settled by a Committee). 6 So much for that Episode.

Now to Thursday [1 June]--FitzGerald began; made an admirable speech, very gentlemanly discreet and temperate; very well delivered and which produced a great effect. 7 The general tone was hearty thanks to Col. Wynyard, avoiding all reference to particular questions--noticing some omissions, especially about responsible Government, but urging a general agreement in a complimentary address. Dr Monro followed, (not by any means so good or effective as FitzGerald, but respectable and moderate; here and there an indiscreet exposure of difference of principle from the rest of us which weakened his influence. Indeed it was almost immediately felt that he had no chance of taking a commanding position. As to FitzGerald, the contrary.) Very little discussion followed--indeed there was an awkward blank. One or two men tried to force something but as it was only complimentary work people sat still, all agreeing, though with smothered resentment at the 'no responsible Government' tone of the Governor's speech.

Friday [2 June]. Began real business. We went into a Committee of the whole house, and Wakefield moved a Resolution affirming the principle of responsible Government. He made a capital speech at considerable length, very interesting, and as full of matter as an egg is full of meat. It is well reported. 8 His delivery is not easy--but I am not sure whether his hesitations and repetition of words now and then in a free colloquial way, do not impress people more than mere fluency (would). You are not dissatisfied because you know that something is coming worth hearing. After Wakefield had done, there was a pause, and for some time I was afraid that we were going to break down from timidity. Nobody liked to follow Wakefield, so as to shew in contrast. McAndrew (the Scotchman) broke the ice, speaking sensibly and to the purpose; and then one after another got up, all on the same side, except one Mr Forsaith an Aucklander (a wealthy Linen draper, who figured in times past in connection with Native matters; a Dissenter of some sort, and I suspect from his mode of speaking a Preacher upon occasion. 9 He is imagined (I do

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not know on what authority) to be a sort of (exponent) of the Government--a striking illustration of their weakness.) He spoke fluently but to little purpose, all he said amounting to no more than the old cry in such cases--'Wait a little longer.' There was an advantage about this slight opposition that it gave a little point to the discussion. Debating without opposition is pushing against the air, and the Debate accordingly warmed up. About half-past four (we began at 11 a.m.) I moved the adjournment.

Friday. We dined at Col. Wynyard's-an official dinner party. The FitzGeralds, Ludlams, Monroes, and Kelhams (horrid people who drop the hs and exhasperate the vowels). 10 The House one of those agreeable looking Cottages ornees which I have mentioned; with a pretty view overlooking the Harbour. The rooms moderately good. (Mrs Wynyard is deaf--has been good-looking, but is grown large--seems goodnatured with a frankness of manner approaching to freedom, but I will not gossip about such things.) The dinner so so, all but some sparkling Moselle and some grand Apples for dessert from the Bay of Islands--otherwise nothing to remark. In the evening a dance on the carpet, and lots more people; (common place) military folk, for the most part no beauties. I sat by, looking with small interest at the dancers, occasionally in peril from a polking couple overstepping themselves. FitzGerald and his wife, Monro and some other womenfolk sung, but not much nor very remarkably. I left about twelve, the rest kept it up I hear till past two.

Saturday, 3 June. To the House again. I began pitching in to some people who had started some law hares. 11 What I said was very well received. Then somebody else, and then came up Major Greenwood, 12 (the best of the Auckland Men,) who came at once to the knotty point of the seat of Government. How was that to be under responsible Government? This by way of question to Wakefield, who thereupon answered in another long speech, approaching by an immense circuit the direct point; up to which he advanced at last, saying as much as that the seat of Government must be changed. This opened a good deal of desultory discussion. The Auckland men seeing the evil inevitable, and the Southerns endeavouring to palliate and smooth the disagreeable fact; but the Aucklanders accept the necessity and submit to it. This went on till about half-past three o'clock when the Auckland men begged for an adjournment as a matter of business. So we adjourned till Monday.

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[Monday, 5 June] Met again at 11. Carleton began by saying a few things rather important, but not well delivered about the Natives. 13 By the bye, I should say that throughout the debate the raising of the point provoked a good deal of strong feeling. There was a general repudiation of the idea that the natives would suffer or be dissatisfied with the new order of things. On the contrary, man after man bore testimony to their perfect acquiescence in it, and in many instances that they were really glad of the change. So much for that bug-bear. The debate continued through a great part of Monday. Stuart Wortley spoke or rather delivered orally a remarkably well prepared speech which got him great kudos [kudos]. 14 The whole ended with a few ineffective words from Mr Forsaith, and a division of 29 to 1--that is the whole acting body of the House except one. The tone of the Debate was very moderate, sensible and business-like--at the same time earnest and decisive. It was quite clear that people knew what they were about, and meant to do it. Very little abuse of Sir George Grey--indeed scarcely any thing beyond the abstract question. Wakefield gave notice of motion for an Address founded on the Resolution for the following day (Tuesday, 6 June). 15 The House broke up. All sorts of rumours afloat. Sometimes the Officials meant fight--sometimes surrender at discretion or upon terms. Col. Wynyard was said to be favourable, but the Officials unfavourable. Then the latter was contradicted. People's minds in a whirl--much talking in corners, and gathering in knots, in short all the usual symptoms of a political crisis.

Tuesday, 6 June. Met again to move the Address. Wakefield did so without remark. Then got up one Mr O'Brien 16 (a very insignificant Lawyer) of Auckland, and moved an amendment, repeating over again some of the small law difficulties. 17 He said nothing worth answering and I should have let it pass, had not Wakefield stirred me up to reply, which I did, (to the entire satisfaction of the House,) which smashed Mr O'Brien's amendment by 28 to 2. The address to be transmitted by the Speaker, not by personal deputation. So that work was done, and I must say (though one of the Actors) it was remarkably well done; and produced a prodigious effect. The generalship of the whole belongs

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exclusively to Wakefield, who also spoke far more effectively than any body else; but all the others (the we) did their parts uncommonly well. The speaking was good, earnest and effective. After moving the Address the House adjourned till the following Thursday [15 June]. In the meantime rumours came, more distinct and clear, about the unconditional surrender of the Government. Swainson, the Attorney General, said as much to several persons--in particular to Clifford semi-officially; and that somebody would be sent for; the only point reserved being a gentle let down for the old Officers, and retiring pensions, about which there will not be much question. Then came speculations who the Somebody to be sent for was. Several possible names were suggested. FitzGerald, Monro, Weld, Wakefield, Major Greenwood, myself, either singly or with others. Presently there was rumour in a distinct form of a cabal or intrigue. (There always are such idle notions floating about in such cases.) I mean never to believe such things any more though I confess the circumstantiality carried me away for a time with the rest. (FitzGerald was said to be carrying on secret correspondence with the Government.) Every body became jealous, suspicious and irritable and men passed each other glowering. Above all things in such a state of circumstances suspense ought to be avoided. Out with every thing at once, and let nothing escape till the whole is out. Swainson was foolish to talk to Clifford, and Clifford was unwise to talk to Wakefield but if anything were said to anybody, it was very unwise not to make it common talk for all. 18 All this is however past.

Wednesday, 7 June came. The House met and went to work in Committee on the Standing Orders. Presently a slight sensation. FitzGerald and Monro were walking to Government House. There was to be a Communication. The House went on with its work as men do, drudging at an uninteresting task, whilst they are on the tiptoe of expectation of some interesting denouement. In about half an hour FitzGerald and Monro entered--stately and nervous. It was evidently about to come. After a little confab with Wakefield &c. FitzGerald got up, and announced that he had a communication to make. The Committee broke up and the House resumed. FitzGerald made a short speech, to the effect that His Excellency had sent for him and Monro, had offered them seats in the Executive Council and to form a Government. Monro said a few words--ditto. FitzGerald asked for a week's adjournment to settle his plans.

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After a little discussion this was agreed to, except that the House was to finish up the Standing Orders. 19 All this was intensely exciting, and we were all like the Spectators at a Theatre before the curtain rises. The antecedent state of jealousy and suspicion gave rise to much uncomfortableness, and there seemed to be real ground for the rumours.

Thursday, 8 June 1854. Elizabeth and I started out to return visits, taking advantage of a day's interval of fine weather, and no business. All kinds of gossip, but nothing distinct. Coming towards home in the morning I met FitzGerald. He walked after me, saying he wanted to speak to me. He said in confidence that he and Monro could not agree. That he was going to speak to Weld, to ask Weld to join him. That he had told the Attorney General he should want a Solicitor General for the Lower House, and for other purposes, and that he had Whitaker (of Auckland) or me in his mind. I begged him to tell me nothing which I might not speak of openly to Wakefield and others; and that I would not hear any thing which I might not repeat. He begged me to say nothing till after he had seen Weld. In the afternoon passing the Masonic Hotel, FitzGerald and Weld were together; they followed me, and then proposed that I should join them taking the Solicitor generalship. I told them exactly my views about which I shall have to write more particularly, the substance being that I would agree to take Office with them for the purpose of forming a Government; leaving myself at liberty to return to Canterbury immediately after the Session to complete my work there; and also with the farther liberty of resigning and going home so soon as arrangements could be made. They walked home with me. I said there ought to be no concealment of any thing from any body, and that in particular Wakefield ought to be brought into Council. This was agreed to, FitzGerald stating that there never had been any concealment, actual or intended. We went off to meet in the Council room of the House of Representatives. On the way met Carleton and FitzGerald hastily and inconsiderately joined him to us. However we took counsel and agreed to call Wakefield in, and to meet at 8 p.m. FitzGerald was for going to him himself; this I objected to, knowing that it would only raise a storm. I went to Wakefield (whom I found at Mr Brown's) and proposed the Meeting at 8 o'clock. He objected to it. He would not take any step without general knowledge and consent. This may or may not have been right; but the reasons did not apply to me, so I went. FitzGerald, Carleton, Dr Campbell, Weld and myself. Agreed on the outline of a policy and the formation of a provisional government. FitzGerald declared his intention to return to

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Canterbury after the Session; I said the same but engaged to hold office till new arrangements could be made.

Now comes a bit of blundering. One of our difficulties is how to reconcile the North and the South. You can imagine the state of feeling of the Northerns at seeing a band of men suddenly invading their Capital, carrying off the seat of Government and its whole power and they without means of defence; particularly if this feeling were aggravated by old jealousies and sores. In this state of things, Wakefield's politic mind had been at work, smoothing matters with great success; but in his own peculiar way, by all kinds of artful dodges--humouring one, and coaxing another and so forth. So that we are now in tolerably good humour with each other. But now, in forming a Government, how are we to satisfy Auckland? They must have a man in the Government; who shall he be? In the house or out of the House? A Brownite or a Wynyardite, or a neutral? The selection is extremely difficult. Party feeling is intensely virulent. 20 I have mentioned Dr Campbell, Brown's partner--a quiet, sensible, hard-headed, money getting Scotchman; with no turn for politics; held in general esteem; and quite unobjectionable in himself. But then he is the partner of Brown, the most abnoxious anti-Government man in the place and he is not in the House of Representatives. Worse than that,--disgusted at his partner's defeat for the Superintendency, he contemptuously refused all offers of a seat, and thereby gave mortal offence to Auckland. It might have been very well to have considered him as a possible man for the Government as the Auckland man, but it was absolute madness in FitzGerald to plunge into such an arrangement without thought or consultation, even with those whom he meant to be his colleagues. However so he did; and I found on his talking to me, that he had already committed himself to Dr Campbell. I shrugged my shoulders, but could say nothing. It was a thing done.

Friday, 9 June. Agreed with Weld to go the first thing in the morning to Wakefield and get him to join heartily in the arrangement, and to support the new Government. Found him in a very sour mood--evidently affronted at being kept so long out of Council; highly disapproving of Campbell, and refusing to do any thing without consultation with all the Members. 21 After a while, Weld and I pacified him, and he went off in good humour to smooth down the ruffled plumes of the Members in general; who being left

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out of council whilst something was moving, had begun to fret into a state of considerable sulkiness. Wakefield I really believe undertook his task with hearty good intent. A Meeting of Members in the evening to hear explanations. Wakefield, the prime mover, and to be explainer general. I fell into an untimely engagement to dine at 4 o'clock with (that) Mr Forsaith, of whom before. (His Linen-draper's Shop front is worthy of Regent Street, and by that entrance we proceeded to the first floor, into a Drawing-room and Dining-room combined, occupying the whole front; reminding one of a London house; well furnished, with dinner set out for sundry guests.) Revans and McAndrew there. Talked no politics. (Revans I dislike, and have no sympathy with. McAndrew, the Scotchman, is shrewd and sensible. There was a Mrs Forsaith and a niece, and it was) all just as such things are; there was nothing to remark about it--only one could not help wishing oneself all the time at home. However, escaped at 6 o'clock to Dr Campbell's. FitzGerald there. Wakefield and Cargill came down before the Meeting to understand the particulars of arrangements, which in substance are these. FitzGerald to be pro tem Premier, without office. Weld and I to go into the Executive Council with Office in due time, he as Colonial Secretary, I as Solicitor General. Somebody else--blank--to be Colonial Treasurer, to be an Auckland Man--Somebody else, blank, also an Auckland man to be Secretary for Native Affairs. Swainson and the other Officials, Colonial Secretary and Colonial Treasurer, to resign upon pensions--Swainson to come back as Attorney General under the new regime--the other two to go. Made a note of the arrangment for Wakefield's guidance, with which he went off in good humour to the Meeting. Late in the evening came Wakefield and McAndrew to report progress. The Meeting had ended well though stormy. Much outpouring of suppressed indignation, principally at the idea of Dr Campbell's appointment, which won't do. The Auckland Members bitterly affronted at a Man being selected not holding a seat in the house, and who refused a seat. They take it to be a personal slight, and it might bear that character. It was a false move of FitzGerald's but Wakefield smoothed it down. Some of Wakefield's detractors say that he first raised the storm and then quelled it. I do not believe that; it was the natural ebullition of feeling from obvious causes. People well satisfied about me and Weld, or rather not caring about any body in particular, only too glad to get any body.

Saturday, 10 June, began our Ministerial life. A strange position to be in. FitzGerald completed his arrangements with the Governor, who settled the question of the Auckland Man by declining to have any more Members in the Executive Council. So

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we three are the Cabinet. Swainson, of whom more hereafter, stands by, and we hardly understand him. It was a queer affair our walking into the Government Offices. They turned some clerks out of a Survey Office, 22 and put us into its desks and all official--and we three sat down together to make a Government. A carteblanche to do what we liked and a promise of absolute confidence from the Governor. 23 I can hardly help rubbing my eyes, and asking whether it is not all a dream. It was the March of Conquerors into the Citadel--the occupation of Paris by the Allies on a small scale. The Garrison to wit the old Officials, surrender at discretion, reserving only a certain peculium in the shape of retiring pensions.

Well--now comes the main question--what to do? It is all mighty fine getting into power, and there is just for a moment a gratification in it. But then comes the grave part, what to do? and the responsibility of doing it. Of course that is the price to be paid and a heavy price it is. It gave me an aching chest for the last week, a sensation like that of plunging into cold water when you come up gasping. But there is no use in looking back. We were fairly in for it. I think FitzGerald's temper of mind a capital quality in such a case--an unfearing readiness to do anything.

All Saturday we deliberated upon all sorts of questions, about which we all agreed in essentials and for the most part in details. Indeed I see no prospect of difference between us on any main question of policy. (FitzGerald's mode of doing things is now and then trying; but then he is very amiable really and I can forbear; so I daresay we shall do very well together. Weld is diffident, sensible and gentlemanly, but hardly enough used to political affairs to have any very decided opinions.) Swainson looked in upon us for a short time, and we got him to sit down perforce, but apparently in a state of nervous feebleness. He seems hardly able as yet to understand the enormous change in the state of affairs, which leaves him nowhere, unless he chooses to face it manfully. The other Officials have still less mind than Swainson. Sinclair, the Secretary, Shepherd, the Treasurer, were mere stuffed figures, whom Sir George did what he pleased with (and whom he is said to have kicked and cuffed now and then). Swainson either has not the will or the power to take up the position which is quite open to him. A bold and capable man in his position would have seized the helm and done what he pleased.

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He is however in ill health and talks of permanently retiring from public life. I hope not--it would be a great embarrassment just now, (and besides that he is a gentleman.) Nobody has an ill feeling towards him, and he might with perfect safety and I think comfort to himself join in the Government for a time, retiring soon upon a Judgeship, which is almost a sinecure here. That is the temptation we are trying to hold out to induce him to stay and help us.

Well, all Saturday we were at work upon subjects in detail; what policy to adopt. Sunday [11 June] was a day of rest happily, and Elizabeth and I took a suburban walk, and penetrated somewhat farther into the country than we had yet done. The country has picturesque features enough to make it beautiful, with the help of art to construct the foreground. It is volcanic. The extinct cones of volcanoes form a number of pyramidal hills in all directions, about which the ground is covered with scoria, a grey porous lava-like stone, not bad when pulverized for vegetation, and very good material for building and roadmaking. Houses, many of them of a superior description; enclosed paddocks and gardens considerably advanced produce a far more English appearance than any other of the Settlements. But this apparently better state of things indicates comparative weakness rather than strength. Auckland has a greater aspect of advancement than the others, very much on account of its concentration, which is an effect of compression and the want of expanding power. The same amount of capital in the South would have taken the form of flocks and herds maintained by natural pasture instead of (as here) by artificial. But it is a very fine country, and if we can get over the difficulties about Native Title which is now our business, it will be a wonderful country. But Labour, labour, labour, the first, second and third thing needed. Labourers are at this time getting 6s, 7s, and 8s a day. A hardworking thrifty contented labouring man with a family, coming out now to any of the Settlements, would be sure of making a comparative fortune in a dozen years; that is, he would get enormous wages for 2 or 3 years; he would make considerable savings--he would buy land, more or less; get Stock (cattle in particular) and grow into wealth at the rate of cent per cent for his money. The instances one hears of this kind of thing are almost incredible. One man sent out by the New Zealand Company about 12 years ago was mentioned the other day as worth about £20,000. Talking to Major Greenwood the other day, he spoke of a pensioner, who complained to him of the distance which he was obliged to go to get land for purchase 10 miles or so--that was a grievance. 'Why' said the Major, 'you have got a farm of your own.' 'Yes' he said, 'he had.' 'What did you give for it?' £300, was the answer. 'Did you bring any thing out with you?' 'No,

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nothing--it was all hard earnings.' Such are the grievances of labouring Settlers. Oh for a flood of English poor! Men, women and children. It is really and without exaggeration to them, Paradise.

Monday, 12 June [1854]. To Cabinet work again all day--only relieved by an hour's respite for luncheon at the Masonic, where is a kind of Club, and where the new Ministers were received with the same kind of thing as no doubt happens at the Carlton or the Reform Club, when parties in England change sides. The queerness of the whole affair is absolutely oppressive.

Tuesday, 13 June ditto--ditto. In the evening came Wakefield, fretful, dissatisfied, and I am afraid brewing a storm. He is affronted at being left out of active participation in the Government work. The fact is so, and it is unfortunate. Wakefield's intensity must have its object and if it cannot help, will be sure to employ itself in marring. As yet the signs of this tendency are indistinct. The whole of the present state of affairs has been brought about by him. He regards Responsible Government as his own child and must pet and nurse it into being. Then however comes the question who is to be the Tutor and Manager of the young bantling. He, the natural Parent, feels his paramount title, and is (as might be expected) sore at his parental claim being superseded by men who are mere accidents. I see the painfulness of this position, but not how it is to be avoided. When it comes to the selection of an ostensible leader, (a figure head of a party) others take preference. (FitzGerald, with nothing like the power has higher social claims, and is free from personal objection, which Wakefield is not.) So FitzGerald steps into the first place. Then comes into play all the dislike and distrust mutually felt between the two. FitzGerald will not work under Wakefield, and with difficulty with him. Wakefield distrusts and depreciates FitzGerald. Weld is too new to take any distinct ground but naturally sides on such a question with FitzGerald; though politically he is a strong adherent of Wakefield. The truth is, the men here in general distrust Wakefield. He is too politic, too diplomatic, too secret, and too powerful. They have almost an ignorant superstitious terror of him. My relations to Wakefield are very difficult. Up to this point we have worked together cordially, almost as one, as regards general politics. I have a great personal regard for him (maugre all his objectionableness). I am persuaded of his patriotism, his wisdom in general affairs, and his great power; and if I must needs have a leader, let me have one whom I can respect. There is nobody else, not even aproximus longo intervallo ['next by a long interval'--Virgil, Aeneid, v. 320]. All the rest are comparatively insignificant at least as leaders. FitzGerald is very talented, very honest, a gentleman, an agreeable speaker, and by no

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means a contemptible debater; but his flightiness spoils him for leadership. Monro is a break down. Stafford is not here, and if he were, I want to see him more closely. I like what I have seen of him but he has great faults, principally an intense egotism, and a habit of making speeches of dreary prosiness. Featherston I have given up long ago for general politics. He is an embodiment of the narrowest provincialism. Fox is not here, and if he were would probably be only a Siamese twin with Featherston. Weld is a gentleman, amiable and intelligent, but absolutely raw. For the rest (to use a sporting phrase) they are nowhere;--so that Wakefield stands out first and biggest and almost the only distinct object in the political foreground. But now accident seems to have divided us. I am now one of FitzGerald's Cabinet, and in good faith to him must keep myself aloof from one whom we all fear as dangerous. This estrangement will I foresee in a short time produce want of confidence, and probably lead to absolute schism. Wakefield in his readiness to damage an enemy, will have little scruple in shooting down a friend; so I must stand the chance of his shots with the rest.

Wednesday Morning [14 June 1854], Pondered last night upon the state of things. I see FitzGerald's, indeed our common danger, is from Wakefield. I see also the weakness of our Cabinet in itself, and the risk we run from FitzGerald's impetuousness, which I have not influence enough to control, and which is sure one of these days to make him impale himself upon one of Wakefield's horns. I came to the conclusion that our object should be, if possible, to strengthen our position by making Swainson an active and hearty coadjutor. Swainson in that position would carry with him advantages and disadvantages, but most of the former. He has the reputation of being a good lawyer, a man of caution and ability, represents the old Government party, and carries them with him; and at the same time is not very obnoxious personally. With him our Cabinet would have the prestige of practical solidity, our risk being from the opposite danger. But Swainson I have already described. He loses estimation with me the closer I see him. I could make all allowances for him at first; the position is new, and the persons unknown--but he betrays every day inherent and incurable feebleness of character; partly perhaps the result of ill-health. There is only one man here to consult with confidence about any thing--the Chief Justice, who seems to have every body's good opinion. I started off early in the morning to him. He lives about a mile and a half away, 24 a most miserable road--mere natural ground ploughed up here and there with cart tracks, descending into deep gullies, and again ascending

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precipitous banks; by no means a fit approach to the private residence of so high a functionary. The weather terrible; torrents of rain; but I had my pilot coat and oilskin leggings, and defied the elements. Found the Chief Justice at home. Swainson had just left him. I sat down, and had a full talk with him about the whole state of politics--the dangers before us--the desirableness of hearty co-operation with Swainson &c. &c. He agreed with me, but of course it would be too much to suppose that he would suddenly open his whole mind to a mere stranger. His conversation was sensible, practical and right minded. He thought it very desirable that Swainson should help us, but such is not Swainson's mind. He means to keep himself aloof--Attorney General still, but not with, or as part of our Government; ready to give us cold and decent help so far as he can without incurring trouble or responsibility, leaving all that with us. He will offer us no obstruction, rather the contrary.

I told the Chief Justice that this was not the proper state of things. We were all in a false position. That Swainson ought to join us both in work and responsibility, heartily co-operating. The Chief Justice assented--recommended me to see Swainson and talk confidentially to him which I resolved to do. Left the Chief Justice very agreeably impressed with him.

Found my Colleagues at work and told them generally what I had done. I saw the cloud gather on FitzGerald's brow at once. He imagined a plot; but that soon passed away. They were at work with McClean, (the man) who makes all the purchases of land from the Natives; 25 the question being, whether we shall not make a great effort to buy up and extinguish Native Title at once, by sweeping arrangements, borrowing large sums for the purpose.

Presently to an Executive Council, where we three were sworn as Members of the Council. I must not of course tell the secrets of the

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Council, but in truth there were no secrets. FitzGerald shortly and clearly went through all the points which we intended to make in opening our policy, on the following day. 26 They were all agreed to, and then we went back to work. Dined at the Brown's at 6 o'clock.

Thursday [15 June 1854], was the day for the House to reassemble, when we were to make our Ministerial explanations. All this may sound absurd, and Little Pedlington-like, 27 but in truth it was just the same thing as English politics only in miniature, and the questions are identically the same, only with smaller sums, and fewer people to deal with. After routine business, FitzGerald opened in a very good speech; very clear, gentlemanly, and agreeably delivered. A little falling off towards the end, but on the whole extremely effective and good. The House was full; people listened with greedy attention, and the effect of the whole was complete success. Every body satisfied with the Ministerial debut. Weld and I had to say each a few words about our respective positions. I said plainly that I was but a temporary accident, a stop-gap, but that I would undertake not to occasion embarrassment to the permanent arrangement of Government by sudden retirement. 28 All parties are I think contented. It is not a case for ecstasies; but the general impression is that we have begun work in good earnest, and with fair promise. All sorts of assurances of support from all quarters, more or less sincere. Very little was said after the expose, and the House soon adjourned. I to dine at Dr Campbell's where was a sort of Ministerial gathering. (Monro was there, and he is a damper upon political talk for he has little sympathy with us, though he is a gentleman and a sensible man.)

Friday [16 June], Routine business in the House. Appointing Committees and so forth. Questions of privilege, and doubts as to what the privileges of the House are--a subject which I must get up. All the interspaces of time filled with hard work, preparing Bills &c.

Saturday [17 June 1854]--The whole day engaged in the same thing.

Sunday [18 June], Another day of rest.

Now as to all this affair. It is very surprising and at present it is too close to form a correct estimate of it. One thing is clear, that whatever may come of it, Government by Downing Street, or according to Downing Street regime, is at an end in the Colony.

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Timid people are afraid of this, and ask for time, but that is impossible. Factum est [It is done]--for better for worse the die is cast, and the Colony must find its own Machinery of Government. There is the difficulty. All which one can do at present is to have faith. Occasions breed the men; and the work we are now engaged in, is from day to day, almost from hour to hour, educating men for the higher parts which they must henceforth take in political affairs. And I must say, throughout the whole body now engaged in the work, I can detect nothing base or low-minded--nothing but a real desire for the public good, with here and there an angry retrospect of Sir George and the past.

Monday [19 June], Cabinet work--Bill drawing, and so forth. It is funny to receive people coming as deputations about this, that, and the other. Otago brings a complaint about the site of a Customhouse, which it wants removed. That disposed of comes one of the Members for Nelson with a long story about Native Reserves, and a proposal to introduce the English Friendly Societies' Act--with a heap of questions about Actuaries, Scales of payment, Registration of Rules, and so forth. That being moved off, comes a deputation from all the denominations, about the Marriage Law. A very sleek, cautious, schismatical looking body, about 8 or 9 in number. There is a talk about Religious Equality, Ecclesiastical Law &c. &c. There are some great practical defects in the present law, which Sir George Grey tried to mend after his fashion and failed; and I see that we shall have to put our hand to it.

The Registrar of Deeds, a cidevant Captain in the Army (translated into his present Office by an awful job) comes post haste to tell us that he has invented a perfectly new and patent scheme of Registration, which he begs for an opportunity of explaining. 29 (This is no doubt intended to impress us with a deep sense of the usefulness of the man preparatory to expected changes.) This is the sort of work; I hardly know what to say or think of it. It is very like being suddenly bundled up to the top of Salisbury Spire and made to sit and balance oneself on that uncomfortable and dangerous apex.

Tuesday [20 June 1854]. Act 2nd. Scene first. The Executive Council Chambers. Enter we (i.e. the responsible Ministers, FitzGerald, Weld and myself). The Governor and the old Officials all there. Our first Council Meeting. We go through several of our proposed Bills, to which the Council assents, 30 and after some talk

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about odds and ends, we separate. The Attorney General [Swainson] keeps aloof, civil, decently communicative, but evidently not meaning to be one of us. He makes small criticisms and unimportant suggestions, leaving us to bear the brunt of it all, while he sits about like an Epicurean Jupiter. That will not do, but we shall see.

From the Executive Council to the House. Enter Wakefield--fretful and dangerous; keenly sensitive about his importance and position in the late movement not being sufficiently recognised, and with old grudges against FitzGerald, ready to burst out but kept under restraint. He feels that the time is not yet come for open attack. The House would not bear it for they are with us; and mean to give us all possible help and indulgence. But Wakefield's temper and morbid activity will not allow him to be quiet. So he opens with a very long speech--(the peg to hang it on being an address to the Governor) full of all sorts of objections to this, that, and the other. The way in which the political change has been brought about--FitzGerald's temporary tenure, and mine. The too-much-ness of our policy. The want of previous consultation. Hints here and there of presumption &c. &c. The effect of the whole being uncomfortable and displeasing. All the while it was impossible not to feel that he was running against the grain of the House. 31 A good deal of what he said was true enough but it was not said in a good spirit, or in good taste. He produced no effect on the House. Rather the contrary. People have since told me that it was considered a failure. He has the credit of having tried to damage us, but with an opposite result. Robert Hart (the lawyer,) of Wellington got up immediately and gave him rather a sharp rebuke, for trying to do us mischief at the first start. FitzGerald and Weld and I all spoke. Others said one thing and another, all promising that we should receive every support. So ended that-rather an important incident as marking the relative position of parties in the House, and the probable course of things. The Debate was not very long, four fifths being Wakefield's Speech. Then to work again, digesting Bills.

In the evening to a public dinner given by the Northern Members to us Southerns at the Masonic Hotel; much the same kind of thing as in England. Public dinners are always intolerable bores. I left after the first toast. After I was gone there was some fun with Shepherd, the Colonial Treasurer, who represented the old Official staff. When Col. Wynyard's health was drunk, Shepherd returned thanks. He is a queer sort of man with some fun in him; (a mere dumb creature of Sir George's, while Sir George was here,

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overshadowing every thing with his poisonous influence.) Now Sir George is gone Shepherd seems to have recovered his tongue. So when Col. Wynyard's health was proposed, Shepherd returned thanks.

'He supposed it was his business to do so, as one of the old Staff. He had known a good many Colonial Governors one after the other for the last 18 years--but the best he ever knew was Col. Wynyard, who let the Colonists govern themselves. They had heard for some time about responsible Government, but did not know what to make of it. For his own part he did not care much about it, till he saw that long paper written by the Attorney General which they had all seen. The moment I saw that, I saw it was all up--and then I said "Go it Bobby'"--Bobby being Col. Wynyard. (Immense sensation, cheers and shouts of laughter, in the midst of which Shepherd dropped (in a rather inebriated manner) into his chair.) Then there was an outburst from one Mr Revans, who hates Wakefield. When the health of the Southern Members was proposed, Wakefield's name was coupled with it, and Wakefield said a few words. Then Revans got up and denounced Wakefield as misrepresenting the Southern Members. Wakefield said nothing, but doubtless means to do something deadly by and bye. I was very glad I was not there.

Wednesday [21 June 1854]. The House did not meet till the evening. Elizabeth and I paid some visits. I went to the Chief Justice's, intending to call on Archdeacon Abraham, 32 who I heard would be there, but he was not. However on my return I met him. We recognised, and said a few words to each other. I shall no doubt see him again. How as to the Bishopric? is one of the questions of interest. Will Bishop Selwyn go to Sydney? If so, who will succeed him here? How many Bishoprics will there be? and who to fill them? Names talked of are Abraham, Hadfield and Henry Williams. 33 Gell is of course only thought of in connection with Canterbury.

Wednesday Evening. Sitting of the House. Nothing important but the introduction of the Executive Government Bill in Committee. 34 A clamour against retiring pensions, and dark threats of attack upon Sinclair and Shepherd; but we shall carry it I have no doubt.

Thursday [22 June] we went in a body to present an address of thanks to Col. Wynyard, who received us courteously, and gave us a proper reply. Returned to the House. Attack began upon the New

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Zealand Company's Debt, by Robert Hart, moving in a very good speech for a Select Committee, putting some points remarkably well, particularly exposing the utter fallacy of Lord Grey's recent letters. 35 People mean to resist it in every lawful way. We shall probably agree to an Address to both Houses of Parliament and to the Queen, praying that steps may be taken to relieve us. Probably we shall instruct somebody at home to bring in a Bill for the purpose. At all events we shall do all which can be done to obtain partial if not entire relief. But I do not think it would be wise policy to go against or evade the law. The direct form is the best. Parliamentary attack upon the Company. Wakefield draws off from this, not choosing to take part against the Company. He is trying to make diversions in two or three directions, but he will not succeed. The mind of the Colony is deliberately set upon resistance to the utmost. A meeting of the Committee on the Company's debt in the afternoon. A good deal of talk clearing away some preliminary rubbish, and resolving to make our first point of attack the whole transaction of 1847, taking up Sir Wm. Molesworth's 36 and the Duke of Newcastle's position.

Friday [23 June 1854], Nothing of note in the House. A little skirmishing with Wakefield. I brought in a Bill for regulating the Public Reserves, which will have the effect incidentally of placing the settlement of all our disputes at Canterbury in the hands of the Provincial Government and Provincial Council, as it ought to be. 37 It is a sort of pendant to the Waste Lands' Bill which is to be moved on Friday for Wakefield's convenience, who will employ himself in the meantime in getting up the case against it.

Our Cabinet discussions (except as to the construction of Bills) principally turn on our relations with Swainson and the Upper House. Here is a new difficulty. The Lords want responsible Government as well as the Commons. They complain that they have got no Member of the Government in their House; that they cannot ask questions of the Government, and get answers and explanations, and in fact go to work as if they were a real live Legislature like the House of Representatives. 38 There is truth in all this. It is no fault of theirs that they are what they are. That is partly Sir George Grey's fault, and partly that of the makers of the Constitution; who would have a parody or caricature of the House of Lords set up in the

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Colony. Sir George is the great delinquent in this affair. He might have called together a creditable Upper House, which would have had weight enough in the Country at least to have done service for a single Session, and to assist in the necessary work of suicide. 39 (Instead of that he has put into the House about a dozen men for the most part wholly incapable--a kind of old Chelsea Pensioners in the shape of retired Majors in the Army and so forth. There is Dr Richardson amongst them, as good a man as ever lived--I will not a word of disrespect to him. As to the rest) there they are--an Upper House with powers as big as ours, and able to stop all our work; and they will be attended to. We perhaps, I mean the Lower House, have unwisely and rather improperly overlooked them as part of the Constitution. I do not mean that of myself individually for I always uphold the dignity of the abstract Upper House, only objecting to its present Constitution, but others speak slightingly about them, and rather jeer and flout them, and call them Peers and Lords and so on, which makes them sulky. Then they do not like the cool way in which people talk of annihilating them. There is something dreadful in that--to sit by, and hear people seriously deliberating when and how most conveniently you may be put to death. So when they get together in their Legislative Chamber, with all their functions and powers in full force, they shew signs of restiveness, and if they are to be Legislators they desire to be treated as such. Well, but there is no Member of the Government in their House, at least so they say. We all turn to Swainson. He is Speaker, but by standing orders (which he has himself made) the Speaker is debarred from taking part in Debates. He might have done Government work for us in Committees. But no. Here also Swainson has contrived a quiet corner for himself by making himself Chairman of Committees. This is part of his policy which comes out very clearly, and makes us all very indignant. He says openly in the Upper House, that he is no part of the Government. He is Attorney General, responsible to the Crown, but not responsible for legislative measures brought forward by the Government, that is by FitzGerald, Weld and me. He leaves himself thus at liberty to obstruct and oppose our measures; being himself our colleague in the Executive Council and co-adviser with us of the Governor.

[Sunday,] 2 July [1854], I broke off about the Upper House and Swainson, having told how the Lords demanded a responsible Minister and Swainson would not answer to that call, so leaving us in a dilemma. We brought the matter to a point last week by telling the Governor there was no help but to add another Member to the

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Executive Council, and we recommended Dillon Bell, one of the Upper House, a Wellington man, (my defendant in the Injunction Suit 40 --Crown Commissioner of Wellington, and an old attache of Sir George Grey) but we do not mind those things now. Times are changed. He is clever, and a good man of business, of a very plastic mind and sufficiently with us not to embarrass us. I do not know that he adds much weight to the Government but I do not think we could get weight by adding any body at present. 41 He satisfies the demands of the Upper House, and so answers the present purpose. With him as with all the rest it is clearly understood that all these arrangements are provisional only, not permanent. Swainson seems more amiable and co-operative but we are not a whit more in love with him than before.

As to the proceedings in the General Assembly no one troubles himself about the doings of the Lords. In the House of Representatives, we have had continual battles with Wakefield, who comes out more and more distinctly as Opposition. He threw down an Apple of discord between the North and the South, on Thursday [29 June], by starting the question of exempting Auckland from contributing to the Company's debt--a monstrous proposal, which will never be agreed to by the South, and for which, rightly considered, there is not the slightest pretence. 42 The debt (so to call it) is a charge on all the Lands of the Colony yet unsold. What right have the Auckland people to demand that the portion of those lands which they are to get as a voluntary boon should be exempt from contributing to the Company's claim? The question is mystified by treating that claim as a debt imposed by the Imperial Government upon the Colony for losses sustained by the Company. Then it is said truly enough that Auckland has had no benefit; but so may say all the other Provinces, except the common benefit of Foundation. All the Auckland men are of course to a man on the side of exemption. Monro, by way of doing a very liberal thing, threw himself into the scale. Wakefield and Jerningham Wakefield will be on the same side, and with such encouragement and help there may be a stiff battle, which cannot fail to produce jealousy and discord. As a mere party movement it is skilful, but in every other point of view it is most mischievous. Wakefield in the course of his speech, attacked the Company--i.e. the Company after he left them. He called them men with small souls and capacious pockets. I say ditto to all that with all my heart, but it is not well to come from him.

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FitzGerald attacked him for including Charles Buller 43 under this description. Wakefield made an unhappy defence for poor Charles Buller by stating the fact of his being the paid, feed, advocate, hired to do the Company's dirty work. All this was painful. Wakefield attacked me on the score of ingratitude to the Company!!! Ingratitude! The ingratitude of Antonio to Shylock--the men who exacted, and have had their pound of flesh out of poor Canterbury; who extorted the uttermost farthing from us, ruined and made us vile in peoples' eyes; straining without mercy the terms of a bargain which was conceived by them and executed in (fraud and plunder). To think of that Company makes me almost stamp with indignation. As to their debt (so to call it) let them have (what they denied to Canterbury) justice--but if they are to get no more than that, they will not receive one half of their claim. Against their £268,000, if we set the value of the compensation scrip, squandered away (in the basest jobbery), the balance would not leave much more than £100,000. If we were to knock off besides the amount which they (fraudulently) misapplied of the Parliamentary loans (between 30 and £40,000 44 more) it will bring the amount under £100,000. If the Company were to get so much out of the Colony, they ought to be grateful.

Wakefield's motion for exempting Auckland was in the form of a Committee of enquiry, to which there was no resistance; so the Committee have to sit. Wakefield will cook up the Report and make out a semblance of a case, and cheat the poor Auckland men into a notion that something will come of it, but it won't--and it will only end in mischief. All this makes me angry with Wakefield. Then again on Thursday [29 June] he attacked us (the Government) in another insidious way. We have brought in a waste lands' bill, the essence of which is to give the Provincial Councils a veto on the terms of purchase for lands within their respective Provinces, i.e. no lands to be sold within any Province except upon terms which they agree to. This is the best solution we can find for the difficulties of the question. Wakefield wants to throw us over upon this, and

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moves a resolution to the effect that we ought to bring in all our important measures by Resolutions first. 45 This he grounds on the alleged fact, that such is the 'invariable usage' of Parliament in England. People here naturally swallow such statements, not knowing much about the matter. There is not the smallest pretence for it. Resolutions may or may not be a proper form of Parliamentary proceeding--Where it is incumbent on a Government to bring in a matured measure on any given subject I always believed that they did so in the form of a Bill shewing both principles and details. The truth is, if he could drive us into proceeding by Resolution he would get immense power of attack. Abstract Resolutions open a wide field of criticism and objection. Also to move them as he proposes in Committee would give him an unlimited license of reply and he would never fail to have the last word. Well, all this is in the background. When he puts forward the idea with much plausible talk about full discussion, ample information, and so forth, a good many simple minded members think that's all right, and vote with him, and he drove us into a narrow majority of three, 13 to 10. 46 If he had succeeded we should have resigned, as it would have obliged us to withdraw our Waste Lands' Bill and proceed instead by Resolution. As to this Waste Lands' Bill he is in a state of the most blind and unreasoning mood of quarrelsome objection. He says it is a breach of the Constitution Act to give the Provinces any power of meddling with the terms of Land sales. I say no--To give the Provincial Councils a veto is not to give them the power of legislating (which I admit the Constitution Act forbids) no more than the Crown's veto in our own Acts is a legislating power. Surely it is a reasonable thing that Terms of purchase for the sale of Lands within a Province should be approved of by a Provincial Council which is the party most interested in the matter. Then I say to him, 'Are you turning against the Provinces having this power?' 'Oh no, but then I would do so, and so, and so, and so,' all ending in this that he will try and upset our measure and abuse us for it for all sorts of reasons consistent and inconsistent; but he will not offer any thing instead. I cannot say what effect he may have. I almost hope he may beat us in which case I shall go out, and escape from having any thing more to do with it. But all this worries me sadly. It is very painful to be in this state of antagonism, and very unfortunate that so much political wisdom and experience should be lost to the Colony for practical purposes and wasted in petty squabbling.

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On Saturday, 1 July [1854], Went out after breakfast to the Office and saw the Steamer lying in the Harbour blowing her Steam off, just arrived, amidst torrents of rain. Presently to the Office. Featherston, Stafford and Bellairs had arrived. Also Travers, 47 returned for Nelson; most of them important additions to our political world. Stafford will probably go into the Upper House. Featherston is in the Lower. Travers is an able man--a lawyer from Nelson (distrusted by all parties). The effect upon the new arrivals of the political changes, very exciting. I think I can perceive a little symptom of disappointment even in the very loudness of their congratulations. The truth is that both Stafford and Featherston are too important to have been left out of consideration had they been here, and there will doubtless be a little feeling of mortification which may or may not take an active form. At all events these are new elements.

Letters from Lyttelton. Nothing particular. Those (wretched) Clergymen the moment my back is turned writing to Lord Lyttelton to remove me from the Agency! At least so writes Mr Porter; 48 because I will not hand over the Church lands to the Trustees before the Ordinance is confirmed, and before I can come to a businesslike settlement. At all events they cannot complain of me in the way of finance; for Mr Porter tells me he has squared up all the Accounts. But all this is no doubt the work of that rabid man, Matthias. When I get back to Lyttelton I shall set all this right. Letters from England--from Lord Lyttelton dated Janry. 9th. (Where are all the subsequent letters?) Elizabeth has a letter from Mary Ann to the beginning of March. As it contains no evil tidings I conclude there are none, but it is heartsickening to be so destitute of information. (By the Egmont last week came a welcome packet of Twelfth-night Characters, which amused us much. They reminded me of old times and Binstead. Willie shews considerable promise. Robert and Edwardes were strong but I saw nothing from William. We shall be able to supply a lot of subjects when we get back.)

(The Rector of Exeter [College, Oxford] is dead. I earnestly hope William will not be obliged to take the Rectorship. 49 So the

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unfortunate Dons of Oxford have deliberately run their heads against the wall. It is impossible to have the slightest feeling of compassion for them.) 50 War with Russia--immense fleets and so forth. Here we now and then talk of being laid under contribution by Privateers. If there should be a real war, no part of the world would suffer more than this. 51

[Sunday] 9 July [1854]. Another week of political ferment. We are just in that state in which I remember to have seen jam in process of making, bubbling and simmering before it settles into permanent consistency. The different particles in active repulsion and attraction to and with each other. Amongst positive measures of legislation we have thrown down another apple of discord in the shape of a Revenue and an Empowering Bill, to settle the respective limits of General and Provincial rights, in matters of revenue and power. Featherston declares war against the Empowering Bill. Stafford agrees to it in the main, differing as to details. On the other hand Featherston accepts our waste lands' Bill, whilst Wakefield is furious against it from sheer spirit of opposition. 52 Friendly talk with Stafford who I can see looks forward to taking a leading part--perhaps to take the lead vice FitzGerald, if FitzGerald retires to Canterbury.

Dillon Bell who we had added to us for the purpose of satisfying the demand of the Upper House for a responsible Minister, suddenly becomes nervous about the State of Mrs Bell and determines to go back to Wellington leaving us in a worse plight than before. 53 What to do? We have all the old trouble back again. Will the Lords go on without a Representative of the Government? Of course not. Swainson gives us no help, but looks on, not I really believe with any positive object of mischief, but indifferent. (We bethink ourselves of (Bartley) a barrister, an old man, a gentleman, educated, well principled; altogether unexceptionable, but with no force of character or intellect. Still an Auckland Man, and at least an harmless ingredient in the Government keeping out worse elements. That proposal is now pending. If Bartley agrees I think it will strengthen the Government. Then Bartley will go from the Lower to the Upper House, and there will be a vacancy, probably filled up

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by Brown. All this is on a small scale much the same I daresay as in the larger field of English politics.)

The question of the permanent future is beginning to be moved. A hundred dangers are ahead in that direction, and I see nothing clear except that there is a bar to be crossed over which the surf is breaking, and that Responsible Government is a very frail bark in imminent peril of being wrecked. The most dangerous and difficult point of all is Wakefield. Between him and me there is an evident schism growing wider and wider. His whole bent and aim is now to destroy the Government which he has had a main hand in creating. He pursues this object according to his nature, relentlessly, without compromise, without thought or care about any body. As for myself, I believe, (to use an expression of his own) he would now shoot me down without scruple. He cannot bear to see FitzGerald at the head of affairs--still less to see him getting help from me. He thinks that FitzGerald left to himself would involve himself in difficulties, which would make him an easy prey; and I suppose he thinks that the old connection between me and him (Wakefield) in a manner ties me to forward his objects. Of course he sees the obligation I am under to hold by FitzGerald and to give him all the help I can, and he would be the first to denounce by and bye the baseness of my deserting or betraying my present Colleagues. But this does not lessen his mortification. He had looked forward to himself and me working together, as, I confess, I had myself anticipated. But things have fallen out otherwise, and so far as Wakefield is concerned he has no pretence of complaint, for the Government was formed with his promise of support; and I connected myself with it after the fullest conference with him, and with his distinct approval. The result disappoints him. He relied on his own strength, and our old political connection for giving him active influence over the Government, overlooking the inevitable condition of things--that a Government, once formed, must move forward of itself, and cannot like a ricketty child appear to rest on external help. Nothing would have damaged us more than the appearance of seeking about for outside help and counsel. So we have been shut up within ourselves, and our measures for better or worse have been our own. Wakefield, outside the doors, frets and chafes, and waits for the issuing forth of our measures to fall foul of them. In the same spirit, every thing we do is a fault. If we move on, we go too fast; if we delay we are procrastinating and weak. His great power of managing men, and his extreme plausibility, always ensure him followers; and his attacks are as yet made in so covert a form, that simple-minded men not quite understanding him, give him support; which they would not do if they saw farther into his

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ultimate objects. He has a prodigious advantage over us in the Press. When we commenced our work, we arranged by mutual help to get up reports of our own speeches; one to take short notes, and the Speaker to fill them up himself from memory. That did all very well at first, for we all started fair. By and bye men became careless. FitzGerald, Weld and I came into office and had no time to correct our speeches. Wakefield meanwhile and his Son diligently pursued their course. Jerningham Wakefield is a capital reporter, and takes most accurately the heads of all his Father says; but nobody does the same for any body else. Wakefield himself with such materials makes up his Speeches for the press in an admirable form. They are like every thing which he says or writes very telling. Knowing also the importance of this work upon public opinion both in England and the Provinces, he does not scruple here and there to doctor and color what has been really said, not absolutely falsifying, and yet giving slight touches which wholly alter the real character. In particular, his speeches, (which in truth are listened to generally with coldness, because the House sees the motive underneath them) are embellished throughout with cheers, as if the House sympathized heartily with his attacks upon us, the contrary being the fact. Last week I had an opportunity of bringing this subject up, and there has been a talk in the House which will probably operate as a warning to the public, and save us from some of the ill effects of this form of attack, though I fear the result will be to widen the breach between him and me. 54

There is talk of a cabal. Wakefield has been industriously working on some detached Members from the South; he has also put himself at the head of the Auckland Men, buying them at a price, namely exemption from contributing to the Company's debt. This wholesale corruption, for it is little better, has succeeded. The Auckland Men think there is little to be got for their Province from our Government, and they may have a chance by helping Wakefield to turn us out. So it is said ten of them (out of 12) have sworn as it were an oath to league with Wakefield to turn us out on the Waste Lands' Bill, and Wakefield himself is said even now to be looking about him to see what help he can get for a Government of his own. So at least comes the tale. The degree of credence due to it will be seen by and bye. But this puts us on our mettle. What to do? If 15 or even 12 men out of a House of 37 band together as an Opposition to obstruct Government, especially under the Leadership of a man like Wakefield, Government cannot go on. There are only two alternatives, Resignation or Dissolution. If resignation, then

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Wakefield must come in. Could he carry on the Government? I do not believe he would stay in office a week with a General Assembly; but he would no doubt dissolve, and get an ad interim holding which would be worth having.

Well, but that would not answer in the long run, and the probable end would be an attempt to recall Responsible Government altogether, and to resume government a la Downing Street. Dissolution is the preferable alternative, and I think it would alter the state of affairs, and weaken Wakefield.

One foresaw that parties must be formed, but one certainly did not anticipate such a rapid development, or their present shape. Wakefield and me opposed to each other! I think I have bitter cause of complaint against him.

Yesterday (Saturday, 8 July). A holiday. One of the most lovely days that ever shone. A crisp fresh morning, the remains of a slight early frost. A bright blue sky with an atmosphere as clear as crystal. A genial temperature agreeably warm, but with a refreshing sharpness. Elizabeth and I resolved to take advantage of it. So we started about 1 o'clock for St John's College--a walk of between five and six miles--yes--and walked back too--that's something. The road to the college diverges from the Onehunga road about two miles from Auckland, past a little hamlet with a Church called Remuera, under charge of Mr St Hill, 55 brother of Mr St Hill of Wellington. From thence to the College the Country open and devoid of timber--a high ridge of land looking over the Firth of the Thames, and far off through an opening of the headlands out to Sea--the way out as we called it. Below, behind and all about, open fern land descending by long slopes into valleys with distant mountains retiring behind each other. In one direction a beautiful piece of green pasture, with cattle grazing. The sea and sky intensely blue. Strange looking pyramided hills scattered over the landscape, cones of extinct volcanoes. The road to the College is good enough till within about a mile; then it becomes villainous. In truth so far it is metalled and no farther, but will be in due time. To avoid a dreadful bit of road we diverged into a side meadow, and came out into an open bit of parklike grass land, with some of the fattest of Sheep feeding. Now as to the College. The buildings have a Collegiate character, part of Scoria, part wooden. The design is incomplete and at present they have a rambling air, as if stuck down anywhere. In the space which will be a quadrangle when it has two more sides built, met a party from Auckland; Mr Swainson, Major

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Richmond, and Capt. Bellairs, with a lady (a Mrs Smith, a guest at the College) doing the honors in Archdeacon Abraham's absence. She asked us in to rest, and we went into what I believe used to be Bishop Selwyn's room; (I use the past, for I take for granted he will be Bishop here no longer)--a small College-like apartment nicely furnished, covered all round with books, such a room as one would rejoice in; opening into another also lined with books--the Bishop's study. The rooms were small, but not ascetical, as I had imagined them. Far from it, they were mighty comfortable and gentlemanlike, College-like I should have said. The Archdeacon and Mrs Abraham not at home, but Mrs Smith did the honors, and ordered cake and wine, wherewith we refreshed ourselves--and then asked leave to see the Chapel. I was disappointed in it. It was Chapel-like, but too small; rather cramped like a Chapel in miniature,--a nice open roof and some very good stained glass; a very handsome but somewhat disproportioned font opposite the Altar. The Hall struck me as having most character. It really was Collegiate; a large room, with raised dais at one end and deep embayed windows. The whole effect was tranquillizing, and to me, coming from a hot fevered political atmosphere, very grateful and soothing. Elizabeth and I agreed that if asked we would go and stay there some Sunday.

Archdeacon and Mrs Abraham came in from their walk, just as we were leaving--very civil and wanted to do all sorts of things for Elizabeth, but she was not over tired. They walked a little way back with us; the Archdeacon and I talking of other things and other places--of William, and St Columba, and Radley; 56 and the changes and chances of Colleges--and of this place in particular. There are now only half a dozen private pupils, where was, and was meant to be, a full-tenanted College. There is a painful history about it all, and for a time it seems cut down--but the tradition remains, and it will beyond a doubt spring up again. 57 Works like these never die. The Archdeacon and I had a little talk about the present political changes, as bearing on Native interests, Schools etc. He is anxious about the continuance of Money grants to the Church. I can only answer him in generals, that the Assembly will I am convinced be governed by a right spirit--but it will enquire as to what resources

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there are from Native Reserves etc., as to all which there is really no information whatever. The near view one now gets of the interior administration of Sir George Grey's Government fills one with surprise. It is a mass of confusion and inefficiency and could not have lasted.

After resting half an hour or so, we started homewards, with about an hour of day-light before us, which abandoned us before we reached Auckland. There was, however, a glorious moon, and we reached home about half-past Six. A day of enjoyment.

[Sunday,] 16 July 1854. Another week of great political interest and importance. Last Sunday [9 July] came Stafford and Clifford successively, announcing rumours of a coup about to be attempted on Tuesday by Wakefield throwing out our Waste Lands' Bill in order to turn the Government out. The rumours were clearly not groundless; they came from various quarters. Members were being sounded as to a new Government. All the Auckland Members, supposed to be bought with Wakefield's promise to exempt them from the Company's debt, and with feelings roused about the non-introduction of an Auckland Man into the Government, would it was said vote together against us in number 10 (all except Bartley and one other). McAndrew (the Scotchman of Otago) and expectant of office under Wakefield, Mackay of Nelson, Jerningham Wakefield of course, and a few others would be certain of following Wakefield, and we should be either run very close or beaten--the latter probable, the former certain. Bell's departure, and the consequent gap in the Legislative Council opened a weak point of which Wakefield would not be slow to take advantage. We thought of Bartley to fill Bell's place, which would set that matter at rest, the difficulty being how to pacify the Legislative Council. To FitzGerald's on Sunday Afternoon, a sort of Council of War. Resolved if beaten or pressed to dissolve and go to the Colony for a new Assembly to be held at Wellington, so to beat the Auckland Cabal. Any thing preferable to Wakefield coming in with such a cabal to back him.

Monday [10 July]. Arranged with Bartley who accepts a Seat in the Executive Council, and in the Legislative Council, giving up his seat in the House of Representatives. Col. Wynyard agrees willingly to this arrangement; so does Swainson. This eases our difficulty about the Legislative Council to whom Bartley will stand vice Bell. All day Monday, more rumours of coming defeat on the morrow. Wakefield moving about all day coaxing and holding out allurements to one and the other.

Tuesday [11 July], Bartley sworn in as one of the Government 58 --

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walked down with us to the House and took his Seat on the Ministerial Benches (does not that sound Parliamentary?) to the intense disgust of Wakefield, whose plan of attack was deranged if not spoiled thereby. The debate resumed, and a good deal of opposition disclosed, on all sorts of grounds. Weld spoke remarkably well, and attacked Wakefield with great effect. 59 Adjourned at half-past four to get some dinner. Back at 6. House resumed, and Wakefield opened his great guns in fierce and undisguised opposition. He openly avowed his intention to turn us out, and said as much as that he should be ready to succeed. 'He had no fear of consequences--we had forfeited confidence &c. &c.' His speech was full of ability but very discursive--in many points weak--too long--and ran counter to the feelings of the House. 60 When he had finished I answered him, and (I must needs write it, I hope not vain gloriously) the people all told me that I demolished him. Revans got up, and moved an immediate division (according to our standing orders) saying that the whole subject had been exhausted by me. The House went with him, so we went to a division--the Government beating Wakefield by twenty to ten--a majority of ten--two to one. A complete triumph to the Government and the extinction of Wakefield's influence. The result astonished every body, and seems to have settled the stability of the Government. To me personally the affair was painful, as making the final split between me and Wakefield, but it is I fear irremediable. The line Wakefield has taken is remarkable, and I cannot account for it. All his tact seems to have deserted him, and his miscalculation of force is a patent blunder of the first magnitude. The attempt to turn us out was extremely ill-timed, and nothing but success could have justified it as matter of policy. As to the measure itself, the Waste Lands' Bill, his objection to it was a mere feint, a pretended squeamishness about its not being strictly according to the Constitution Act, an objection for which there is no ground in law, and which was quite out of place to be taken by him. Neither the Attorney General, nor any lawyer in the House (Hart only excepted, who screws a doubt out of every thing) had raised it. In fact it was only a stone to throw at us, and privately was so treated. He is said to have indirectly offered Office to different Men. The Solicitor Generalship with £1000 a year to Travers of Nelson (vice me). McAndrew was to have had Office of some sort--no doubt his Son. All these things of course transpired, and have made the defeat more signal. I doubt whether he will renew the attack in an overt form this Session, but I fear co-operation with him is hopeless. I am

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not ready to take offence, and personally shall not do so, but the incidents of the last 10 days have made an indelible impression on me. Granting some cause he might have had for annoyance at not being asked to join the Government, he had given me his express pledge to support us--an assurance without which I told him that I would not join the government. Then at the very first measure he turns round with fierce opposition to turn us out. One cannot work with a man from whom one is in such peril. The apology he would make about not being consulted is nothing to the purpose. Wakefield being in Opposition relieves me from all tie to him, and I have only to think of myself and the Colony. Here is a terrible difficulty. What ought I to do? They tell me they cannot do without me, but the notion of staying here with no definite plan of return is out of the question.

Wednesday, 12 July 1854. The effect of last night visible in every body's face. Our friends full of congratulation. The enemy crest-fallen and full of apologies. They did not mean any thing &c. &c. To the House. Read our Empowering Bill a second time. 61 Wakefield who threatened the night before to move its second reading this day six months left the House. All opposition had vanished. FitzGerald was unwell, and I did the work for him. Jerningham Wakefield said my explanation had relieved his mind from all difficulty, and that if we had explained our measures in the same way before things would have been different. This was a hit at FitzGerald under a compliment to me. In truth Wakefield's opposition is against FitzGerald not against me or Weld, but he cannot separate us. There were a few incidental discussions which ended in nothing.

Thursday [13 July], An Election petition decided; the question being whether under the Constitution Act a man was obliged to have a qualification in the district for which he was elected--an absurdity which of course the House negatived. Read the Revenues Bill a second time--no opposition. 62 We seem to have got into smooth waters.

Friday [14 July], An address to the Queen about the War. FitzGerald made a formal Speech, rather ambitious but all very well, and well received. 63 Went into Committee on the Empowering Bill, about which we expected stiff opposition. Featherston opposed it slightly but soon gave way, and we speedily disposed of our difficulties, and were going on swimmingly when on a sudden somebody moved that our Members be counted and as there was no

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House we disappeared till next week. 64 FitzGerald comforted the Members by giving them a prospect of release. In truth I suspect that the next trip of the Steamer will carry off a good many men.

Now comes the question about the future permanent Government. I put the question to FitzGerald 'Will you stay where you are?' 'No--I am decidedly going back to Canterbury.' A long talk with Stafford, the final result of which is, that he will not decline though he does not accept--but there are conditions. He must consult Mrs Stafford. The Seat of Government must be changed. He must get a seat in the House of Representatives,--and lastly I must pledge myself to stay with him a year. The last condition he of course may make on his own part, though he has no right to require me to agree to it. I spoke to Stafford of Fox, Wakefield, Jerningham Wakefield and Weld. As to Weld, it is agreed on all hands that he is a sine qua non of a Government. Wakefield and his Son have completely put themselves out of the field. Weld will not work with them. Stafford I think would--but then he says what is true that with Wakefield there is no medium; he must be all, or nothing. The impression is general that there is less danger from him in opposition than in the Government. This disappoints me, but I cannot gainsay the general conclusion after what has occurred.

Today. Sunday, [16 July 1854] A long talk with Featherston. He declines the General Government, and sticks to the Wellington Superintendency but will support a Government with Stafford, Weld and myself. We talked of Fox who would doubtless join us, if there were a suitable Office. Fox's accession would complete Wakefield's antagonism. But then the Government would be strong, and Wakefield's opposition would I think be fruitless. What will he do in that case? Doubtless he will charge me with deserting him, whereas I on my part make that charge against him. The facts will speak for themselves.

To turn to other things. Yesterday, Clifford and Weld asked me and Elizabeth to go with them to the Convent to witness the profession of two Nuns, Sisters of Charity. 65 The Buildings of the Convent are mean, like all these Colonial wooden affairs. The Chapel is very small, decorated like Romish Chapels in general in tawdry taste. The Service is impressive, not so much so as the first admission to the Noviciate (so they say)- - -

[Sunday,] 30 July. I had written a Sheet of Journal, but Elizabeth told me it was not worth sending, so I tore it up.

Now I must condense into small space the events of the last

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fortnight. In truth they are the same thing over again--battles with Wakefield in the House; political intrigues out of doors--speech making--Committee Meetings and so forth. Things get worse and worse with Wakefield, who has at last made a desperate reckless plunge for popularity and power by abandoning his sufficient price theory as wholly inapplicable to present circumstances because of the diggings. 66 I, knowing that till the last month or so he maintained his old opinions, look on with dismay and real distress, seeing that he is hazarding his reputation upon a hopeless venture; but between him and me there is no communication. He attacks me virulently in the House, calling me all sorts of bad names. Out of doors he leaves no stone unturned to undermine whatever influence and reputation I may have. He cannot forgive me for being one of a Government which he is bent on destroying, forgetting his own pledges to support us, and not perceiving that the only cause of separation between us is himself. But so it is, and I have given up all expectation of ever reuniting with him, though it costs me a pang to separate.

Our Bills have gone through the House, our Waste Lands' Bill the most opposed by Wakefield and others. He says we are throwing away the Lands because we leave the Provincial Councils to settle their own terms of purchase. By way of substitute he proposes to set apart Land for what he terms Working Settlers, in the way of free grant or what is tantamount to it. It is a wild unworkable and dangerous scheme, utterly opposed to all his old doctrines, only meant as I believe to get himself popularity at our expense.

But now comes the question of permanent Government. The Session is drawing to an end--our Estimates are just going before the House, and we are to ask for supplies. The House begins to ask, where is the Government? It is not contented with the mere makebelieve of us three, without Office; whilst the three old Officials are in full swing of the Departments. When the Session is over what is to become of affairs? I turn to FitzGerald. 'Will you stay?' 'No--I must go back to Canterbury.' The same question to Featherston. He must go to Wellington. The same to Stafford. He cannot give up Nelson. So then Weld and I are left, and we are told that we must undertake it, at all events till something shall turn up. Independently of one's longing to get home I tremble at the responsibility. Weld is young and inexperienced, and who am I that should plunge myself into such a chaos? The last fortnight has brought out more distinctly the state of the Colonial affairs, which is one of disgraceful confusion. There is no distinct account of the public debt. Claims are said to be outstanding against the Revenue of upwards of £100,000, beyond any thing known. The public lands

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have been granted away without law. The Land Revenue has been anticipated by issues of Scrip, without law--and no account has been kept of it. The old Land claims remain in as bad a state almost as when Fitzroy left the Government, Sir George Grey having only added to the former confusion. In short, all my previously unfavorable opinions of Sir George Grey are abundantly confirmed. Whoever undertakes the Government must cleanse an Augean Stable. Then to add to the difficulties Wakefield is making a desperate effort for power in two ways. He endeavours to gain Auckland by heading their party against the South upon the question of the Company's debt, and he proposes to the working classes a sort of Agrarian law. With his immense power and perfect unscrupulousness he is sure of a large party to oppose the Government. I do not see the end of it.

Yesterday, [Saturday, 29 July] an Executive Council Meeting discussing all these things. Col. Wynyard has written home to say that he will not dismiss his old Officials till he is instructed from home to that effect. 67 We tell him that that will not do--the House will not vote supplies. He will no doubt give way to compulsion, but then who is to be responsible to him and to the Colony for the safe conduct of affairs?

[Sunday,] 6 August [1854]. Another week. A political crisis, threatening extreme danger to the Colony. We have tendered our advice to the Governor (I mean we four, FitzGerald, Weld, Bartley and myself) to the effect that the old Officers should be replaced by responsible men, so soon as the Executive Government Bill is passed, and pensions secured. Our advice has been rejected--we have resigned. 68 The House refuses to move. Wakefield is called in, and is now sole adviser of the Governor, and is about to recommend him to dissolve, the House refusing the supplies. Debates in the House are fierce and there is every prospect of something on a small scale like civil war. The old Officers will not go out. The House will vote no supplies to the old Executive. Col. Wynyard has attempted compromise in away by ho means creditable, by inducing us to take Office, withholding from us the important facts that he would not dismiss, nor allow the retirement of the old Officers, till he heard from England. We have been made dupes. In full belief that so soon as the public service required it, the old men would be prepared to go on receiving pensions we have been proposing and carrying

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through the House, measures which we should never have dreamed of proposing with the chance of the old Executive remaining to work them. In all such cases there is of course some blame to those who allow themselves to be duped. We ought to have known better and to have had recorded in writing and in express terms, what has been left to vague understandings and oral pledges. The blame to us is, that we were too credulous. On the other hand, what shall be said of those who (speaking in plain terms) have deceived us? Are we much to blame? That depends on the facts. The world will judge us. The House has judged and acquitted us by a huge majority. So has public opinion, and so will the whole Colony. But what of the others, Col. Wynyard included? What will be said of them remains to be seen.

Well, Wakefield has been called in--Nec Deus intersit nisi dignus vindice nodus ['And a God should not intervene unless the knot is worthy of a champion'--Horace, Ars Poetica, 191]. Certainly the knot requires an able man to untie, and Wakefield is palpably a Madman. Nothing but sheer insanity can excuse the course he is taking. First he allows Col. Wynyard to place himself in the position of calling him in as sole adviser. He declares he will be sole adviser or not at all. But then he will not take office and will give no advice under the Constitutional responsibility which attaches to an executive Counsellor, sworn to advise rightly. This is as cowardly as it is constitutionally wrong. He leaves Col. Wynyard to brave the storm, he shielding himself behind him. Col. Wynyard is to be responsible, impeachable perhaps--made liable for all the public money spent against law. Wakefield will advise him, but will not be answerable for his advice. He trusts to a desperate chance, the chance of a dissolution, and what that may bring. He is utterly ignorant of the Colony if he supposes that a dissolution would produce any other than an almost unanimous body of fierce antagonists ready to destroy him and the old officials, Col. Wynyard included. There are four Superintendents here. FitzGerald of Canterbury, Stafford of Nelson, Brown of Taranaki, 69 and Featherston of Wellington, all resolved, and with their Provincial Councils ready to back them, upon resisting Wakefield to the knife. Cargill of Otago will probably have recollections of old friendship with Wakefield personally, and Wynyard himself is Superintendent of Auckland. But the Colony speaking of it as a whole will rise against Wakefield in power. But what shall I say of Wakefield himself? It is impossible not to feel pity and shame when

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one thinks of him, mixed in my own mind with yearnings of old friendship and admiration of his strangely misapplied powers. He who has carried I may say the principle of responsible Government has now turned round against it, defending the maintenance of the old Executive. He advises the Governor to make war with the House, and has concocted a message which he puts into the Governor's mouth, charging us four with breach of engagement, and with seeking to coerce him by threats to give us full power to gratify our own ambition. This is sheer insult, not merely to us, but to the House, and renders all accommodation impossible. Col. Wynyard gives us the lie under Wakefield's advice.

Now I shall shortly notice the occurrences in detail. Tuesday, 1 August. We held an Executive Council, and delivered in an Official paper with our advice and the reasons for it. I need say nothing about it or about what passed, as it will all be published. 70 The result of the Council was nothing.

Wednesday morning [2 August], Went to the Office, thinking possibly an Executive Council might be summoned to reconsider the decision of the previous day. Found none, though I afterwards learned that the Council had been adjourned till three o'clock. Finding this, and concluding that no change had taken place, I prepared a minute of my reasons for resignation, which I handed to FitzGerald with my letter. Weld and Bartley did the same. FitzGerald rather chivalrously volunteered to stand by the Governor a short time just to try the temper of the House, but that of course ended in nothing. 71 Our resignations were all accepted, and we went down to the House. A dead silence when FitzGerald got up to announce our resignations; he said no more, but moved the adjournment till the next day. Wakefield came across to say he had been sent for. So we adjourned. 72

Next day, [Thursday, 3 August]--much talk and lots of caballing. Wakefield looking about for a Government, nibbling at men, and catching a few. To the House. FitzGerald made an explanation, fiercely attacking the old Officials and Wakefield. A capital speech which had great effect. 73 Wakefield got up, and made the most awful

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blunder that politician ever made. 74 He bragged of being the sole adviser of the Governor, without communication or concert with the old Officials, who are the sworn Executive Council. He promised us a message from the Governor on Saturday. Till then he wanted to stay debate; but it went on nevertheless, and I pitched in to Wakefield rather furiously. 75 Indeed it was perfectly maddening to see such utter dereliction of principle, throwing Responsible Government to the winds in catching at Office and upsetting FitzGerald.

Friday [4 August] and Saturday [5 August]. Baits held out. Weld and I to join Wakefield and kick FitzGerald over. This impudent proposal distinctly hinted at in sundry ways, whereunto I returned most indignant scoffing.

Friday [4 August], To the House. Ludlam moved and carried an Address reaffirming the principle of Responsible Government. 76 Very little said or done. Wakefield about caballing. He has caught Travers, the Nelson Lawyer, with the Solicitor General-ship, and £l000 a year in posse, or rather imposse, for the people will not have it. It is amusing to see men ratting under temptation; the steps and slides by which they gradually edge across, looking back with perplexity and shamefacedness, every body understanding it all the while. That man Travers the night before denounced Wakefield as a toad who ought to he squashed and vowed he would spend his last shilling, and pawn his shirt in support of the ex-Ministry!! Such is life, as Mrs Gamp says. Travers is a horrid bore in the House, and would swamp any Government with his tremendous prosiness.

Saturday, 5 August. To the House at 12. Adjourned till 2. His Excellency's Message brought down and read. 77 Adjourned till 6 to consider the Address. A copy of it taken to King's lodging house, 78 where we read it. It is a very unstatesmanlike Document, appealing to the House against us ex-Ministers, whom it charges with breach of faith. The Governor tells us now that he cannot give Responsible Government till he hears from England. Great indignation by us three, and by the whole party at the nature of the Address, which descends to undignified personality, and is besides grounded on much perversion and suppression of facts. It is Wakefield's, who tells us that he is alone responsible for it, and who advises the Governor to contradict the opinion of the Attorney General.

At 6 to the House. A fierce debate. Explanations from

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FitzGerald, Weld and me. Violent and scarifying remarks from Wakefield in his character of mediator and peace maker. 79 His olive branch has an uncommonly sharp edge, and looks very like a sword. His policy is to make an irreparable breach between the Governor and the House, in order to justify a coup like that which he advised Sir C. Metcalfe to try in Canada 80 --a breach--a dissolution--great agitation in the Provinces--the working Settler's cry--and land for nothing to the labourer--and a Wakefield Government. There is much danger in all this, and it behoves us to be wary. To accomplish his object he would league with the old Officials, whom he would use for his own purpose. He would try and get the Executive Government Bill through, enabling him to put Jerningham Wakefield in as Colonial Secretary, and Travers as Solicitor General; himself behind the scenes, as scene-shifter and stage manager.

Debate adjourned till Tuesday [8 August]. We in the meantime in close and frequent consultation. Agreed upon this course. First to put Wakefield in his right position--to move an Address to the Governor, praying him to have recourse to his Executive Councillors, the old Officials, sworn to advise him rightly. There is a double object in this. It fixes in a very distinct way the character of the message, and Wakefield's unconstitutional position; and besides this, it really operates as a warning to the Governor, and gives him time. Monro, the very type of moderation, goes entirely with us in all this. The dread of a Wakefield government, coming in with a cry for an Agrarian Law, is frightful to all thinking men, set aside the inconsistency of retaining in Office the present old women, whom Wakefield would use, abuse, and kick out, the moment it served his purpose.

Tuesday [8 August), Monro gave notice of his address. Wakefield taken aback by it. It was so moderate and unanswerable that he had the boldness to go up to Monro and tell him he would second it! What an inimitable man he is! Impeach himself! Very little more said. House adjourned without talk.

Wednesday [9 August], To the House in the evening. Monro moved the Address which Wakefield did not second. Carried by a majority of about 12 or 13. 81 Wakefield in a miserable minority of about 10 at the utmost. He looked cruelly disappointed. He had reckoned on a strong party with him; and has been somehow totally deceived as to his real strength.

Thursday 110 August], To the House. Moved an adjournment till Tuesday, so skipping Friday. In the meantime meetings of all our

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friends, debating what to do. Shall we stop supplies? We agree, no. The case does not warrant it unless there be a fear of Wakefield. As the Governor tells us he must wait till he hears from England, we must wait, dragging on with the present miserable team, the whole responsibility resting with him. We cannot help it. We will do nothing violent, or to justify a coup. We will pass some measures absolutely needed, and bide our time.

Tuesday, 22 August [1854]. Since I last wrote events have hurried on. The General Assembly is prorogued--Wakefield has tried to make a Government and has failed; and at this moment we are in suspense as to the future; though every body regards the issue as inevitable, viz. abandonment of responsible Government, and return to the old regime. To trace the course of events.--After our adjournment on Thursday week [10 August] we set to work preparing an Address in reply. It being announced that the Governor was absolutely immoveable we had only to consider our ultimatum. Should we accept another mixed arrangement, a semi-responsible Government? It was agreed on all hands--No. The House would have no confidence in it; late events proved that no reliance could be placed on it. Besides it was impracticable. The Men could not be found to work it. We therefore determined to put forward the whole strength of our case, if possible to influence the Governor to give way; if not, at all events to be a record in justification of the House. I drafted the Address, taking counsel with Monro and others. We agreed that the House must separate itself from the ex-Ministers, and stand on its own ground. FitzGerald proposed a short address, but after consultation, the outline of mine was adopted with unanimous approval. I note this, because I see symptoms of FitzGerald turning round on me and making out that 'it was all my fault'; a la FitzGerald. In truth we all agreed about what was to be done, and as to the tone of the Address, of course to avoid every thing disrespectful but to speak plainly. The Governor himself invited us to that course by his own message, and if any good were to be done it would be by plain speaking. Saturday [12 August], settled the Address in full conclave of the Members, at King's boarding house, and put it into the Printers' hands. 82 Monday [14 August], Went over and settled the proof carefully in full conclave. In the Evening it was in Members' hands ready for discussion next day. Meantime the Nelson Steamer left for the South. Stafford and some others went off in her--a great loss. I

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think it an abandonment of duty by Stafford, who is really the man best fitted to lead the Colony. He pleads Superintendent's business. He goes away full of bitter indignation against Wakefield and the old Government; and I suspect ready to wage Provincial war against the General Government; the thing most to be dreaded.

The Queen Steamer from Sydney brings late news from England, but no tidings of a Government. (By the bye, think of this anecdote of table turning. The other evening at Dr Campbell's, Mrs Brown who is a great table turner, enquired of the Table what was the name of the new Governor, desiring it to spell it. Whereupon the table moved in the usual way, indicating the letters of the alphabet as follows--L. Y. T. T.--then followed L, whereupon somebody said something about the Spirit being a lying spirit, and that it could not spell, and then as if affronted and refusing to answer any more, the Table began gallopping through all the letters of the Alphabet without stopping.)

Amongst the passengers by the William Denny on her last trip, came Lord Alfred Churchill, son of the Duke of Marlborough. 83 He brought a yacht to Sydney with cargo and sold her there, I suppose doing a little business as well as seeing the world.

Tuesday, 15 August 1854 the House met. Robert Hart the lawyer of Wellington (and who I hope will be vice me in any new Government) made a capital speech, moving the Address, very lawyer-like and clear, demonstrating the compact made by the Governor with the House upon the face of the Documents. 84 One of the Auckland Members [J. C. Taylor] seconded it. (By the bye, nothing I think has so disconcerted Wakefield's plans as finding himself in a Minority even in Auckland.) Forsaith moved an Amendment condemning us ex-Ministers, and holding by the Governor, and a mixed Executive. Discussion ensued--not very warm. Wakefield spiteful and irritating as usual. The Address quarrelled with as disrespectful, a message of war, &c. &c. Monro spoke very decidedly in support of the Address. In the course of the Debate hints thrown out from the other side of prorogation, or dissolution, to which I and others answered by denying all cause for such measures, as the House was not about to refuse supplies, or do any thing else extravagant. On a division, 22 to 10,--i.e. the usual division--Wakefield counts rather less than one third of the House as his supporters. 85

Wednesday [16 August], Came down to the House, and finding it

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no house, counted it out, thinking it best not to have angry discussions leading to nothing. Out of doors, frequent meetings and consultation what to do. Resolve that a mixed Executive will not work; we will have all or none; but the first thing is not to have a Wakefield Government. You may ask why? There are sundry reasons. First, that such a government would be a signal of anarchy throughout the Colony, the feeling against him is so intense with many persons. Partly because it would be an affront to the House, and a gross abuse of responsible Government to turn off men who have the confidence of the House, and carry large majorities and to throw the Government into the hands of a man backed by a weak minority. But my great reason is, that I think a Wakefield Government would be the most dangerous possible. There are two principles upon which it would stand--Federation of the Provinces according to the American model, and an Agrarian law, in the shape of a Working Settlers' scheme, a plan for setting aside one third of the Colony as bonus to the working classes, a wild and impracticable but most specious and dangerous idea. Both of these principles constitute fatal objections to a Wakefield Government, apart from which, Wakefield's renunciation of all his old principles makes me feel that he is an utterly unsafe man. No doubt he will defend himself with infinite plausibility. There were two or three incidents in the course of the debate which damaged him. He quoted my private letters to him at which I was obliged to interfere, remonstrating against breach of confidence. He justified such use of private letters, whence I drew a conclusion that private correspondence with him was unsafe. Also he contradicted what he had said on a former night about being the Governor's sole adviser. This made a considerable sensation, there being clearly a fib one way or the other. In truth, there is so strong a feeling against Wakefield that people take up every thing to his prejudice more strongly I think than the case warrants. It is remarkable how a man of such sagacity should so lay himself open. His violence of impulse carried him away. Upon the whole, a Wakefield Government is the one thing most obnoxious. Men will not have it upon any terms. Questions are mooted about a return to the mixed principle, it always being assumed that Col. Wynyard will not give way. FitzGerald begins to betray weakness on that score, as if we had not already tried and rejected all farther experiment of that kind. One only alternative remains--to bring back the old Officials, give them supplies, and let them go on as heretofore, till a new Governor comes; or till we get an answer from England. The evils of delay are innumerable, but cannot be helped. That is the only way out of the mess which I can see.

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Well, all this was the staple of discussion during Tuesday, Wednesday, and Thursday morning [15 to 17 August]. As to supplies, we had pretty generally agreed to vote them to any body--better give people money to spend by law than force them to rob the till.

Thursday Morning [17 August], To the House. We meant to move some formal Address in answer to a Message; and I had it in my mind to make an onslaught on the New Zealander, a scurrilous paper on the Opposition side, which has picked out scraps from the Canterbury newspapers published during my absence. 86 (They always do that whilst my back is turned.) That New Zealander is the Organ of the old Officials and has always been against us; and it seems to have a special spite against me. I meant to take up a paragraph reflecting on me, in connection with some matters which had passed in the House, going beyond the rules of privilege. Nobody suspected any thing. The House tolerably full. Wakefield not in his place. Business again. The Minutes were read. I was going to open my fire on the New Zealander, when--open the door--enter Messenger from His Excellency--a Message--a reply to our Address, stiff uncompromising, and ending by telling us that he meant to prorogue us. Great sensation! a coup d'Etat. A Prorogation for a short time (supposed about 3 months) meant of course a plot--a Wakefield plot--the object manifest, to get rid of the Southern Members who are sure to leave by the next Steamer. All the business of the Session demolished. Time gained for Wakefield to mature and develop his machinations. A general sense of something outrageous ran through the House. No sooner was the Message read than I rose, and moved that it be taken forthwith into consideration; it being clear that we had only a few moments more of life within which whatever was to be done, must be done. I had just opened my mouth, when--Re-enter Messenger--Another message from His Excellency in a sealed envelope. No announcement of what it was, but every body suspected, almost knew its contents. FitzGerald stepped forward--moved that the Standing Orders (which requires us to consider a message from the Governor

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immediately) be suspended; instant suspicion amongst the Wakefield party that we meant mischief--strong opposition to our proceeding farther with business. Division--during which the Wakefieldites escaped from the House, in order if possible to prevent two thirds of the House from being present, to enable a suspension of the Standing Orders. They fled in confusion over the Bar of the Gallery upon the announcement of 'Lock the doors' as for a division. They succeeded however in reducing our numbers to 23--25 were necessary to suspend Standing Orders. Talk against time--and missing Members sent for meantime, who at length arrived. There being now the full complement the Standing Orders are repealed. The first Message is proceeded with, leaving the sealed envelope on the Speaker's Table unopened. House goes into Committee. Resolutions of all sorts passed (vide Newspapers) the burthen of the whole being to maintain the rights of the Commons. (Cromwellian days back again.) During this business break in 2 or 3 of the Wakefieldites to disturb the Assembly. One, a Mr Mackay, marched about the Council room, with his hat on, insulting the Chairman of the Committee, and defying any body to turn him out. I and a Mr Rhodes a Member for Wellington happening to be nearest to him, incautiously and rather indecorously proceeded to eject him; which made a stir, which however soon subsided. Order restored. The business of the Committee ended. The Resolutions passed.

House resumed. Committee reported progress. Resolutions adopted. The sealed Message opened--read. It contained a printed Gazette with a Proclamation, proroguing us for a fortnight! 87 The Sultan's cup of coffee, or bowstring to a disgraced favorite. Intense indignation--but the House accepts and submits to its doom. The Council room is cleared and we proceed to consider, out of doors, what next to do.

Imagine a hive of Bees turned forcibly out whilst the honey comb is being ransacked. Imagine any case of mischievous destruction aggravated by circumstances of insult and wrong. All our Committee work brought to an end. All action about the New Zealand Company's Debt put an end to and in all probability the chance of successful resistance to that claim extinguished. (It sometimes crosses my mind that Wakefield has had this in his eye all along; his evident policy has been to thwart all really vigorous proceedings against the Company.) So long as men were busy about

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real work they submitted to the misery of being kept away from their homes; but now to be turned into the Streets with nothing to do but to chew the cud of disappointment and vexation is really intolerable. And all for what? The ostensible plea was to enable Wakefield to arrange a new Government and form a new policy. Machinations in fact against the peace and welfare of the Colony.

I believe myself that none of the parties at first understood the effect of the Prorogation. They thought it merely an adjournment. When the truth was discovered there appeared signs of repentance. As to a Wakefield Government it was evidently hopeless. It would have roused a fearful resistance. It is doubtful whether supplies would have been granted to it, though I myself would have voted them to any Government rather than give an excuse for robbing the exchequer. On the other hand, if supplies were really refused, I would insist most strenuously on carrying the principle out to extremes and punishing every body who spent public money without law. In my opinion nothing but the last extremity can justify a Legislature in refusing supplies. It is a duty cast on them, not a privilege. The extreme case of an attempt to overthrow the Constitution itself will justify stoppage of supplies, but hardly any thing short of it. And as the matter stood (I may say as it stands now) the case is one of that extreme nature. Here is a House, very moderate in tone, exasperated it is true, by what they regard as a base deception practised on them, but still ready to grant supplies to the old Government although it would refuse to pass measures. In that state of things they are suddenly sent about their business, the Government avowing the intention to take the public money without asking. Swainson, the Attorney General, said as much.

A question arises as to the prorogation itself. Is it legal? On the best consideration I can give, it appears to me, not--but I am biassed and therefore suspect my own judgment. A Proclamation in a Gazette is not the proper form of prorogation, either under the Constitution Act or according to English practice. So say the law books. A Proclamation is only proper under the 37 Geo. 3rd. c. 127, when Parliament has been already prorogued and is not sitting. 88 When sitting, it is prorogued by the Sovereign in person, or by Commissioners. (See May on Parliamentary Practice.) 89 This question is likely to be mooted as affecting the validity of our last

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dying acts--the Resolutions. The Wakefieldites say that the Assembly was prorogued so soon as the Message was put into the Speaker's hands. We say--no. 1. The Proclamation was good for nothing in itself. 2. A Message to the House was not the proper form. 3. At all events it had no effect till it was openly read by the Speaker. These questions are not unlikely to come to an issue, and may perhaps become food for English Lawyers before the Privy Council, unless Wynyard should repent and recede. But he is a poor weak man, with a sense of military discipline which stands him in the stead of moral courage and firmness. He is led by the last man who has his ear, and Mephistopheles in the shape of Swainson is his prime mover. He is vain and weakly sensitive to vulgar applause. I believe he has been frightened off Wakefield by the sort of stigma which would have been cast on him, if he had surrendered himself to such guidance; but he has no mind, or power of appreciating the real difficulties or duties of his position. We tremble at the chance of his being confirmed as Governor. For my own part, I feel heartily ashamed of the whole affair, and long to be out of New Zealand, and to forget its existence. It is plain to me that the old Officials, with Wynyard have made fools of us three, FitzGerald, Weld and myself. The true History I think is this--

When first we Southerns arrived, and after our three days' debate upon responsible Government [2, 3 and 5 June], they were fairly frightened, and really meant to surrender at discretion, saving to themselves pensions. I do not believe that at that time they meant to play us false. When, however, we had fairly begun to work, and things seemed to be going on smoothly, they plucked up heart, and bethought themselves that it would be very pleasant to get through the Session with the help of us three,--to pass a lot of measures getting rid of all difficulties, no responsibility being with them, and no trouble--and after the Session was ended, they meant to make their bow to us, and wish us good morning, they keeping their old places, and going on sine die, trusting in Providence for some new lucky chance to give them a farther prolongation of power and office, and postponing the evil day. Sundry incidents confirm me in this opinion. It is clear that they never anticipated any change of persons--but then FitzGerald as Superintendent of Canterbury had declared his intention of leaving so soon as the Session was over. I had said pretty much the same. And as to Weld, Col. Wynyard said to him one day at dinner something about his return to the South by the Steamer. Weld pricked up his ears, it having been understood between him and me, that we two would stay behind after the Session to set matters in order. This was evidently not in Col. Wynyard's contemplation. He and the old Officials amused

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themselves at the three Greenhorns playing at Office, and doing their work in the Legislature, with the intention of shuffling us off so soon as that was done. This is very exasperating and humiliating when one comes to think of it, but I have no doubt this is the true version of the case.

When therefore we all came to the conclusion of making Responsible Government a reality instead of a sham, they were taken aback. That was quite a different thing. Then it was found out that we had made a solemn bargain not to ask any thing so unreasonable, and it was breach of agreement and so forth! (vide Governor's message No. 25). At all events there was an end of our term of Office. Thereupon I have no doubt Wakefield was called in, privately at first. He was sounded (so it is said through Major Greenwood) and being found ready, they joined in cabal with him against us. This caballing was going on for several days before we knew the determination of the old Officials not to budge. I believe myself that it was set on foot in earnest on that same day [27 July] that the William Denny Steamer made its excursion trip 90 (see Journal). 91 That was the day when FitzGerald had serious talk with the Governor, and told him all about our views, and the necessity of immediate change. Then I believe Wakefield was applied to. Meantime Col. Wynyard professed to FitzGerald that he was ready to give way, only wanted pressure to justify him, and so forth--so leading FitzGerald and us rather to tighten than relax the screw. So it was that at the suggestion of Wynyard and the Officials we put our views in writing in the form of an Official Memorandum, describing largely and vividly the difficulties of the case. Some alterations were made in this Memorandum at the request of Wynyard and Swainson to adopt it to their views as they said, taking out some passages which seemed to reflect on the old Officials. 92 We all thought this was honest, and in a right direction, till the Tuesday [1 August] following, when at a meeting of the Executive Council this Official Memorandum was brought up for discussion. No doubt by that time the matter had been perfectly understood with Wakefield and then Wynyard and the Officials would not give way an inch. So the matter was left till the Wednesday [2 August], when I and the rest resigned; and Wakefield was on the instant summoned into Council, he having, I believe been in readiness, anticipating the result some time before. Then comes the denouement. The Official

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Memorandum prepared at the instance of Wynyard and Swainson, as a justification of concession, is made the ground of offence and is treated as coercion and a menace. There is a pretty piece of political intrigue!

Saturday, 26 August 1854. For the last week matters have been all abroad. Nobody knowing what to do, or what any body else would do. At first there seemed a prospect of some change for the better through the intervention of Lord Alfred Churchill, who went to the Governor and told him his mind, which was, in substance, that he was all wrong. I believe at his instigation Wakefield was dismissed. 93 It is understood to have been a dismissal and it took place a week ago. The offending matter being thus removed, what next? Wakefield and his party have been caballing and are now as I hear violent against the old Officials and would turn them out bodily; but this is mere gossip. Meantime Lord A. Churchill tried to persuade the Governor to send for Monro and there would have been a chance of making up a Government with some concessions on both sides, saving the character of the Governor without sacrificing the consistency of the House. I think the general temper of our party was to forward such an arrangement. 94 Indeed we want to do what is reasonable, business-like and right in itself; at the same time that we will fight to the last upon principles. We all agree to vote supplies and to pass some useful measures; and to endure the mis-government of the old Officials, until we can be relieved from them in due course; but no sooner does this appear to be our line than the Governor and his party turn round, and seek excuses for proroguing us indefinitely without asking for supplies. 95 If he does that, the Colony will wage savage war with him; it will be almost a signal of rebellion, and unless I am greatly mistaken it will lead to a long train of evils. But Wynyard is a poor weak man. His last move has been to ask Monro, Featherston, Whitaker, and Forsaith to meet and advise him as to whether the General Assembly would vote supplies.

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Monro did not go, not being at home. 96 Forsaith and Whitaker who are mere tools of Swainson and the Officials, tried to make out a case for justifying an indefinite prorogation. But Featherston told him plainly that nothing could excuse his not calling the Assembly together at the time fixed. He also told him that the House was ready to grant supplies. I believe myself that the old Officials are so afraid of the Assembly that they will prevail on the Governor to prorogue us without meeting. In that case we shall out of doors do something desperate.

To FitzGerald yesterday, [Friday, 25 August] to talk to him about Canterbury matters. He is perfectly immoveable. He will not settle the accounts. He will not agree to arbitration. He will do nothing in fact until we have had some miserable quibbles about the title to our reserves set at rest by a legal decision, for which I foresee I shall have to wait indefinitely. FitzGerald's conduct in this matter is such that I shall not describe it in words; but it breaks my heart almost to think of the necessity either of remaining in the Colony, for years it may be arguing against contemptible and dishonest quibbles, of which a man of honor ought to be ashamed; or else leaving the Colony without bringing matters to a settlement. What to do, I know not. So it is, I am tossed about from day to day, and all my plans unsettled. I offered FitzGerald to leave every thing to the arbitration of three persons; I suggested the two Superintendents of Nelson, and Wellington, they to choose an umpire. No--I told him if he would settle the Accounts, and agree upon the amount due, I would undertake to obtain a confirmation of our Title by the Crown, before asking for the money. No--one only thing he will do, namely, insist on our going to law with the Crown before he will move a peg. It is quite manifest that his object is to protract matters indefinitely, hoping to wear me out or else to drive me out of the Colony without bringing things to a result. This is sickening, and makes me and Elizabeth very unhappy.

Thursday, 31 August [1834]. Since I last wrote no material change has taken place in the aspect of affairs, except that Wakefield seems back again into Council in disguise. An absurd attempt has been making to patch up a Federal Executive, with Jerningham Wakefield as Colonial Secretary. All respectable men even of Wakefield's own party seem to shy [at] it. Major Greenwood cries off (so they say). The Leader of this notable scheme is that Mr Forsaith, the Linen-draper, now the chosen organ of Col. Wynyard and the Officials. Attempts are constantly made to break our ranks, by temptations offered to this man, or that; but we hold together, and

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shall meet again today in our second Session, in undiminished strength. The indignation we feel at all this may be imagined. 97 They will no doubt try to provoke a row, as they did before, in order to get an excuse for dissolving, or proroguing-but we are resolved to allow them no such chance. We will grant supplies, and do a few other things, and then return, if possible with some united plan of action to free the Colony from its present intolerable incubus.

I dined on Monday [28 August] with Major Greenwood at the Mess. FitzGerald, Weld and Lord A. Churchill were there. Talked politics in the evening with the Major. He admitted that there had been from the beginning a plot against us, and that Swainson was at the bottom of it. 98

FitzGerald is in a better mood about Canterbury, and has made a proposal to which I have no objection, though it proceeds on a statement of the case precisely opposite to the true one. However, if we can come to an agreement anyhow, I shall not quarrel about words.

Sunday, 3 September [1854]. On Thursday, 31 August at 12 we met. Session No. 2 opened. Guard of Honor, Band and Governor, all as usual. Legislative Council full of Ladies, Strangers, Members etc. This time we did right, and met in our own Chamber, whence we were summoned to attend to hear the Speech. Down we came, trooping and scrambling in amongst the Crowd. The kind of speech, we expected, was a crafty, moderate, mean-nothing affair, intended only as an excuse for keeping the new men in power,

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inducing us to go on with work, grant supplies, and leaving them behind us when the Session closed. Instead of this, we had a Document, announcing Wakefield's pet schemes, with a lot more. A policy of clap-trap, evidently prepared with a view to Dissolution, and the Hustings. 99 The main feature was the old Working Settlers' plan; one third of the land to be placed under Government Commissioners to be distributed amongst occupying Settlers. This it is felt would be the ruin of the Colony; a signal of war between classes, and for men of education and capital to leave the Country. Such at least would be its effect if realised. The only safety lies in the fact that it would be absolutely impracticable in working. One of Wakefield's dazzling theories which would break down in execution. But the mischief meantime would be incalculable. Expectations of the lower classes raised, and ending in disappointment would only exasperate. If ever the scheme were realised it would be impossible for human ingenuity to prevent the land under it from being jobbed away. All Land Revenue would cease; and there would be an end to public works, roads etc. Wakefield himself deliberately abandons the notion of an Immigration Fund. The small amount of labour which at present the Capitalists can command would be instantly withdrawn; the labourer being seduced into becoming a Capitalist prematurely, a most mischievous thing for himself. Of course all this would not happen without a great struggle of classes. The Capitalist class would make a desperate effort to hold their ground. The Provincial Governments out of whose hands the control of a large portion of their lands would be taken and all their adherents would rebel. Meantime bands of paid Commissioners would be planted all over the Country, and with such bribery power in their hands as the power of disposal of one third of the land, one can imagine the state of corruption into which the whole society must fall. That Wakefield should have proposed such a scheme is to me incredible. His excuse for it, namely, that the Provincial Councils are so desperately corrupt that something must be saved from their grasp, has no solid ground of truth, as I firmly believe. There is the average amount of wisdom and patriotism in those bodies, neither more nor less. They are human, and I think in many points in error--but on the whole they are at least as likely to be virtuous as bodies of Government Commissioners, struggling for party objects and who cannot be taken out of the better class, because nearly all the better class would be opposed to them. The Government patronage of

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such a scheme would be prodigious. One third of the public lands, and bands of Commissioners all through the Colony. It would be a worse temptation than India to the English Government. On a small scale it is Fox's East India Bill over again. 100 But then the monstrous thing is that it is to be done by Wakefield-under the Governor's regulating power, that ad interim power which he and I so solemnly protested against Sir George Grey using. This is to be brought into play to carry out this scheme-and why? Because the General Assembly has deliberately refused to adopt it. The whole case presents a mixture of wrong and insult to the Assembly, which proceeding from Wakefield is inexplicable. Still it sounds plausible enough to the common people who are tickled at the notion of land for nothing to the working settler; and for the hustings it would be a prodigious card, like the cheap loaf.

The Speech also announced the new Government. 101 Delegates from the respective Provinces to be associated in a sort of round-robin Cabinet without a Head (Wakefield himself being a sub-auditor, not ostensibly one of them) joints of a tail, the head itself invisible. The principle of this strange combination was evidently concession to every body. The Auckland Delegate was to be gratified by a promise to keep the seat of Government, or else separation (that which Wakefield used to denounce as almost the worst possible evil). McAndrew from Otago was to have permission to issue paper money a la Scotch bank without limit. Wakefield (represented by his Son [Edward Jerningham]) was to have his great slice, 1/3rd of the public lands to be delivered over to him for his new Nostrum. Travers the Nelson Delegate was to be solaced in a simpler and more direct form by place and pay as Solicitor General. Wellington and New Plymouth would not supply Delegates. All the Members refused to join, so those two holes remained unfilled, a sad gap in the concern, and in itself shewing its utter absurdity and rottenness. The plan evidently was to drive us by an extravagant policy, and this most preposterous and mischievous scheme, into some violent demonstration, which would justify a Dissolution. Their previous policy had been of this kind, to worry and provoke, to get up scenes, then to exaggerate them, and to make out if possible that the General Assembly was impracticable. This was evidently the Officials' game. They wanted to bring us generally into

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discredit. Wakefield's game was to provoke an occasion for dissolution, and then to go to the Hustings with a war-cry.

I must say the provocation was extreme. When we returned to our own Chamber after hearing the Speech, every face almost shewed signs of indignation. The thing seemed absurd, and yet the audacity and the frightful danger made it serious. Even the Legislative Council (those old Ladies) were roused. Their amour-propre was shocked by a policy which included their own extinction. They went away in great dudgeon. We to our own chamber. The Gallery crowded. Business opened. Mr Forsaith (he in the Haberdashery line) announced himself as the exponent of the new Policy, and after a few words asked for an adjournment till the following day. We had intended to meet in the evening at 6, but it was difficult to resist the appeal for time. So we gave way, and adjourned, to meet again at 5 p.m. next day. 102

Back to King's Lodging House to take counsel. I saw what the game was, and preached moderation and a crafty wariness; our object being, now that we are met, to do what can be done, so as to satisfy the Colony, and to go away with the satisfaction that our Meeting has not been wholly fruitless. Another thing is to get rid of this horrid Monster of a Government, and the terrible danger to the Colony of a dissolution upon Wakefield's Agrarian policy.

I drafted an Address in reply, 103 extremely moderate, avoiding all irritating matter, saying in plain terms that we must all go home by the next Steamer, that we would do all we could in the mean time, first taking care of the Estimates. That we had no confidence in the New Government, but would vote supplies to the Old Officials. This Address was agreed to, and that Monro should move it. I drafted another Address for Wortley to move praying Her Majesty to remove the old Officials forthwith, and to grant Ministerial Responsibility--so avoiding all necessity for passing an Executive Government Bill. During Thursday and Friday the notion of dissolution, prorogation at all events, was prevalent. Wakefield setting up the notion (what a wonderful power of sophistry he has) that this was like the case of Pitt or Peel in England, dissolving on being beaten, and appealing to the country. The fallacy of this is too plain to need answer. This is the case of a man who has clandestinely crept into Office, and seeks to give himself a chance of power, by cooking up all sorts of clap-traps for election cries, and then dissolving. That sort of thing would be a ridiculous caricature of Responsible Government.

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Friday [1 September] at 5 p.m. the House met. Gallery crammed. Great excitement but every thing quiet. Sundry notices of motion of an ominous kind. One from FitzGerald of a Waste Lands' Bill to counteract Wakefield. Wortley gave notice of his Address for removal of the Old Officials. This over Forsaith made his Ministerial Statement 104 -how he was summoned on the Tuesday before [29 August] from his Shop to advise His Excellency-how like Cincinnatus called from the plough he forthwith changed his shirt, and proceeded to the work of the state etc. etc. 105 The others followed in order, saying ditto, but saying very little about the Policy. Indeed the answer to the Address threw all the Policy overboard on the score of time. When this was over, shots were fired at them from all sides as to what their tenure of Office was--what arrangements they had made etc. etc. to all which they stood mute, or rather returned evasive answers. Monro then moved the Amendment which Carleton seconded. Some debate ensued. Wakefield spoke as usual taunting and irritating FitzGerald who turned upon him savagely, and attacked him, I think with too much personality though very ably. Division 21 to 11. We carried the Amendment by our usual majority. 106 After this, question as to adjournment. Forsaith wanted us to adjourn till Tuesday [12 September]; no doubt to give time for all sorts of devices. We resolved--no--We would adjourn till the next day (Saturday [9 September]) at 12. Another division with like result. The case was that of a pitched battle with a decisive result. It followed either that the new men would go out, or that there would be a fierce fight with the House which would end in prorogation or dissolution, either of which would be undesirable--the latter, with Wakefield's demagogue policy before the Country, full of risk. They looked like beaten men, and one might almost have supposed that they were disappointed, but for the absurdity of the notion that any other result could have been imagined for a moment. We resolved to carry the Address up to the Governor next day at noon, and meantime Monro would see him privately, and urge him not to wage war with the House and the Colony, but to draw off forces on either side and wait for Responsible Government and better times.

After leaving the House late, while sitting at tea with Elizabeth the sound of two Guns, followed by the blowing off of Steam, announced the arrival of the William Denny from Sydney. All sorts of intelligence was expected by her, possibly a new Governor. Hurried down to the Pier about 12 o'clock at night, a lot of people

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gathered there just going off; Members of the Assembly--Officers-Col. Wynyard himself etc. I got into a boat with the rest, and went on board. Found that she brought English news to June, but nothing of decisive interest. Of European Politics--a change of Government--Sir George Grey to the Colonial Office--a bad exchange for the Duke of Newcastle, though all are alike. 107 The Colonial Office defence of our Sir George Grey [the recent Governor] decides me absolutely, that in any form whatever, Colonial Office control over the Colonies cannot be borne. When one loses all hope of justice from an appelate power, there is only one next step, to get rid of it. That Sir George Grey should have dared to put into Mr Peel's 108 mouth falsehoods so gross, must be incredible to those who do not know Sir Geo. Grey. What? Sir George Grey always wanted to call the General Assembly, and could not; because of the Otago Writs!! 109 I wish the people at home could listen to the language with which these statements are received here. The Officials themselves declare that Sir Geo. Grey never meant to meet the Assembly; that it was an arranged plan between them all that Sir George Grey should go, and that none of the Officials should attempt to hold seats in the Legislature for fear of a row. My Journal will no doubt record a variety of facts disproving Sir Geo. Grey's assertions. Then again--that Sir Geo. Grey should assert that he always wanted to try the Injunction Question, and that Wakefield and I refused to go on with it!! Oh that one had a voice to utter from this distance in his ears, what I think and feel about him. But in truth he is an absolute embodiment of the principle of falsity and treachery.

Of the New Zealand Company's proceedings I can only repeat what I have before written as to my deep regret at the Settlement come to by Selfe with that body acknowledging their claims on the Canterbury Settlement, upon which I foresee will be founded a great deal of serious mischief. 110 Here in the General Assembly we are taking steps to move Parliament for general redress, with what

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success I know not. It can only be done through Parliament, and I shall recommend that somebody be employed to bring in a Bill to relieve the Colony from the debt, so as to necessitate Parliamentary enquiry.

Of home news there is a letter from Mary Ann Elwyn to Elizabeth, of June, from which I gather that there is no particular mischief, but that is all. A letter from Mr Blachford announces duplicates of the Accounts transmitted. It will be of course known that I have the originals, but the Duplicates will be of great use. I foresee that I shall have trouble still; but shall somehow or another scramble through the affair.

Now to politics here, which absorb us as much as the Russian War in England.

Saturday, 2 September. Met at 12. Went to business--Wakefield and his party not in the House. Voted an Address to the Crown praying for the removal of the Officials, and for responsible Government. 111 Adjourned till 6 p.m. at which hour the House resumed, and Mr Forsaith and his Coadjutors reappeared, announcing that they had resigned. 112 All done very well, much in the same sort of way that Mr D'Israeli informs the House of Commons of a like event. Nothing particular followed. A promise from His Excellency of a Message about the new state of affairs soon. I should have noted that at 12 o'clock on Saturday we went up in a body to His Excellency with our Address of the night before, in answer to which he declared his intention to send us down the Estimates; so dissipating the doubts and fears we had about a Wakefield dissolution (the one thing most dreaded).

Monday [4 September 1854]. House met. A message from the Governor with the Estimates. 113

[Sunday, ] 10 September [1854]. We have been hard at work all the week with the Estimates, 114 and lots of business; sitting up till midnight, and sometimes till 1 or 2 in the morning till I am fairly knocked up. If it goes on another week so, I foresee I shall be ill; but the Steamer is hourly expected, and we have but a few days to do the whole work of the Session. We are driving a Waste Lands' Bill through (FitzGerald's not mine) simply with the view of stopping the Governor from handing over the Waste Lands to Wakefield to be jobbed away in Electioneering. It is sad to write such things of him; but this is really the alarm. One third of the lands to be given up to the management of Government Commissioners with regula-

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tions arbitrarily framed by Wakefield himself to secure himself the greatest amount of popularity and political influence. The scheme is so monstrous as to be absolutely incredible, were it not plain and open. So all parties agree, even Monro, and the extreme centralizers, that there is no help for it but to fall back on the Provincial Governments, and for a time to throw power into their hands; they being not loath to take it.

The course taken about the Estimates is in the same direction. Every thing is being Provincialized, and the General Government is likely to stand as a mere bare dead trunk. It is all wild confusion--no head--no guide--no principle. The six Provinces all dipping their hands into the common pot; and grasping as much of the plunder as they can, amidst cries all round of 'Don't be too greedy'--'That's too bad' etc. etc. I am sick and disheartened and so are others. Wakefield himself sees the mischief going on, but no one can prevent it. I have given up any very active part in the business. There are a few law-Bills 115 which I am helping through, but FitzGerald leads the Van, and upon these kind of questions, he and I do not agree. I find myself side by side with Wakefield, Monro, Weld and a few others, who have still a loyal sentiment towards a General Government. What the state of things will be when Col. Wynyard's Successor arrives it is difficult to say. All the perplexities of the case are being increased. The General Government now stands absolutely contemptible, and how it will be able to cope with the Provinces, made additionally strong by what has happened I do not know. In voting the Estimates the Provinces have taken to themselves the absolute control of the Registration Courts--the Resident Magistrates' Court etc. etc. And are about to take (in which as a temporary measure I am obliged reluctantly to concur) all the Land and Survey Departments. As far as regular and wise management of affairs is concerned the case is hopeless--and will remain so for some few years--during which a reaction will be growing up, when the General Government will recover its position after a struggle with the Provinces--in which the latter will in my judgment be certainly worsted, and sink into permanent insignificance. The primary Author of this mischief is beyond a doubt Sir George Grey, who called the Provincial Governments into active life, and then ran away. But he is beyond reach, and consoles himself with the plaudits of the Colonial Office, and promotion in due course. I have no doubt if Col. Wynyard were to send a Regiment of soldiers down to fire in upon the Assembly as a set of impracticables, the Colonial Office would approve of it. I hear

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moderate men like Weld talk in despair of leaving the Colony, and others of a rebellious turn are raising the cry of 'Cut the painter'.

Sunday, 17 September [1854]. Actum est. It is all over. Session No. 2. is at an end. We were prorogued yesterday, all in due form. Governor in regimentals, Guard of honor, Band, Ladies etc. etc. The Governor's speech, moderate, sensible, and generally approved of. 116 He gives the House of Representatives a very proper snubbing for perverting a grant of supplies into indirect legislation upon a policy--but of this anon.

All last week we have been sitting up night after night hurrying through Bills in a hasty and slovenly way--half asleep, and sometimes not enough Members to make a House; and in risk of being counted out. Still we have somehow or another scrambled through a certain amount of work. We have passed a Marriage Bill 117 of which all that I can say is, that the Chief Justice has gone through and amended it, and that Archdeacon Abraham does not object to it in principle. This is enough for me. We have passed a Waste Lands' Bill, the object and effect of which is, to tie the Governor's hands from issuing Regulations at his pleasure, so preventing the introduction of Wakefield's plan of putting one third of the lands under Government Commissioners without the assent of the Provincial Governments.

A Secondary Punishments' Bill--A Public Reserves Bill--the same which we originally framed; (in my opinion the most useful Bill of the Session, though I say it, who should not say it, for it is mine). A Bill for making English Acts of Parliament apply to the Colony, a very useful measure of the Chief Justice's. 118 These and some others are the result of our four months' work, besides all the talking and quarrelling. The great bone of contention last week was of course the money, about which there were the usual scenes. A grand debate about paying ourselves--which ended in our voting ourselves the monstrous allowance of £1 a day. I protested and tried to get it reduced to 10s. It is a crochet of Wakefield's and is a sore temptation to some men; and I got small support. 119 But people cry shame upon us, particularly as we refuse to pay the Legislative Council any thing. That is another of Wakefield's crochets and the consequence will be, that the next time nobody from the Southern

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Provinces will attend the Legislative Council; so that Auckland (if we meet here again) will have it all her own way. We resolved to go to war with the New Zealand Company, and have appointed Adderley Agent for the Colony. We talked of Godley, but he was too much mixed up with the Company. 120 Robert Lowe was mentioned, but there are patent objections. He is a Minister, and a zealous Australian. 121

I have shaken hands with Wakefield, and hope to have some talk with him today as in times past; but politically, (if I were to remain here) I feel that we could not unite. I see two parties forming here, as in the Old World; Radical and Conservative, or as we designate them here, Squattocrats (the synonym of Aristocrats) and Democrats. Now, though I do not like Squatting Monopolists as holders of the Land against bona fide Settlers, yet it is plain that the wealth, intellect and character of the Colony will mainly rest in that class, and their political influence ought to be maintained. The Democracy of a Colony is worse than that of England, as being more purely selfish.

[A page of the MS is crossed out here.]

(We ended with a dinner in the House; using our own Room as a Dining room, and the Legislative Council as Drawing room. I was fairly tired out, and came away early, and as far as I know nothing particular came of it. The speechifying was awkward as might be expected when every body wanted to avoid saying what he would have desired to say. It was a case in which it was necessary to use language according to Talleyrand's rule, to conceal thoughts.

(We start tomorrow for Onehunga off which the Steamer lies. There is the usual winding up of paying Bills etc. I left my card for Col. Wynyard, but he and the old Officials are in a state of great soreness. To Col. Wynyard himself the result must be a grievous disappointment. It robs him of all eclat, and involves the General Government in serious difficulty, but it cannot be helped. I tried my hand at a healing measure in the shape of some Resolutions the last day, but the people were tired out, and could barely listen to me, though they affirmed the Resolutions on a division by 19 to 3. 122 FitzGerald proposed counter Resolutions, of which I shall say nothing but that I do not agree with them. I foresee that he is preparing to do battle against me when I get back to Canterbury.

(I must add what is perhaps the most satisfactory thing of all, and what is in itself worth the journey to Auckland and the time spent

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here. The Government here has written officially in answer to my letter about the Title to our Reserves that they will do any thing which may be required to effectuate any arrangement which may be come to between the Association and the Provincial Government so leaving the whole matter to FitzGerald. It will be seen what he does, but the responsibility now rests with him alone. This is just what I desired, because I am firmly persuaded that even if FitzGerald should throw difficulties in the way, the Province itself will see justice done to the Association.) 123

Nelson. Saturday, 23 September [1854]. Thus far on our way home, after a most miserable voyage from Auckland, but we are recruiting ourselves with the Richardsons who are as kind as possible. We shall be here for three or four days, and that will be a holiday, at least I hope so. The FitzGeralds are staying here also, children and all, and there is such a noise in the Drawing room, that I am writing in my bedroom. We are threatened with a political dinner on Tuesday [26 September], at which we ex Ministers, FitzGerald and myself are expected to attend, which is odious.

To turn backwards. I think I closed my Auckland Journal on Sunday [17 September]. In the afternoon I went to Wakefield to take a farewell of him, and if possible to put an end to personal unkindness of feeling. I met him on the road coming to my lodgings. We turned back and he stayed with me till 8 o'clock, when he returned home. I accompanied him back and stayed with him till half-past ten. We talked of the past and the future. I had hoped that our conversation might have thrown some better light on things than had hitherto appeared, but I quitted him with the conviction that (all) my (unfavorable) impressions about him, his motives &c. were well founded. I told him I saw plainly if I were to remain in New Zealand that I must be on the opposite side of politics to him, on various grounds; for example--he seeks to raise a class cry against what he terms the Squattocracy--that is the great Stock owning Interest of the South, a very unjust and wrong thing. They are perhaps the most important and valuable part of the community, and it is positively wicked to get up a mob-cry against them. He seeks to extinguish the political influence of the Squattocrats by aggrandizing the power of the Towns. He wants to get the Representation altered upon the mere principle of numbers without regard to Property, Provincial Interests or Classes. The numerical

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basis is adopted in the Constitution Act, for the first composition of the Assembly, but in future alterations there is no obligation to adhere to that rule. In any change which the General Assembly may make it is entitled and I think bound to take account of all those elements of calculation on which the Representative System ought to be based. But it suits Wakefield's purpose at present to strengthen the Auckland Interest, which depends on numbers, against the Southern Provinces. He has thrown overboard all his old principles on which we agreed in times past as to the necessity of strengthening the South against the undue preponderance of Military and Official influence in the North. We used to talk of the Pensioner Villages as rotten Boroughs, which they are--but now, Major Greenwood and the Pensioners are his Allies, and he wants to smother the Southern Provinces with that influence. (How unutterably unprincipled all this is!) Again, he now (actually) takes up the cause of separation, by way of humouring his Auckland supporters! (In short there is hardly a principle which he has not abandoned for the sake of power). Class against class--North against South--Province against Province--'Divide et impera' is his maxim. He appears to have the Governor's ear, and will no doubt exercise an influence on the political destinies of the Colony. (In my conscience I believe it will be an influence for evil and not for good. The one great motive which has guided him throughout his late career has been palpably hatred of FitzGerald. This has blinded him and led him into a succession of errors; his greatest blunder being alliance with the old Officials, and the attempt to patch up a federal executive, out of a weak minority of the House of Representatives--an absolute absurdity.) We parted in a friendly way, but my conclusion is absolutely formed, that between him and me there never could be co-operation again. (I regard him as utterly untrustworthy.) Pity that so much natural benevolence, and so much intellectual power should be so wasted, or indeed turned to evil. 124

On Monday Morning [18 September]--early packing. We were to start about half-past nine. The Steamer was positively to sail from Onehunga at 1 o'clock. The men all to walk. The luggage to be carried in carts, and the Ladies in sundry vehicles. All started at last. The morning bright and fair--reached Onehunga between 12 and 1; and all assembled ready for departure on the Beach; but there was no sign of movement. The tide was out--there were no boats--there was no captain, and word was given that we should not sail till daybreak on Tuesday. Meantime clouds began to gather--rain came on, from mist to drizzle, from drizzle to pouring. We crowded into

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the so-called Hotel on the Beach where we got luncheon, and some of the party dined--but we were all sick and disgusted. The want of care and thoughtfulness about us, and the total absence of all preparation for the comfort of Ladies and children, even to the neglect of providing boats to take us off to the Steamer made us savage, and we shook off the dust of our feet against Auckland, (resolved never again to enter it except under compulsion. There is an universal feeling of antipathy to the place, socially, politically, every way.) Col. Wynyard rode down apparently as a matter of form to see that we were actually off; but soon rode off again. (He has managed to make himself thoroughly unpopular, not merely politically, but socially. He has scarcely paid those from the South the ordinary social attentions. Some of the Members have never even been invited to Government House. A few have been invited formally once or twice. There is a general complaint of Auckland inhospitality, except in the case of a few individuals like the Browns who have been really very kind. This circumstance has not been without political consequences. Altogether we Southrons have been looked upon by the Aucklandites as invaders whom it was desirable to get quit of as fast as possible. On the other hand there is a general feeling on the part of the Southrons, either that the General Assembly will not meet again, or that it will meet elsewhere than at Auckland.)

About half-past four a boat from the Ship managed to get within a stone's throw of the shore, but it rained cats and dogs, and how to get the Ladies off to the Steamer was a problem. She lay about a mile and a half down the Harbour. The Sailors carried the Ladies into the boats where they sat huddled together soaking in the rain. I marched manfully into the sea thinking it wisest to get wet through at once, and so we pulled off the first batch of departures. The rest of the male folk remained behind and dined at the Inn, where Major Kenny, 125 one of the Legislative Council did the hospitable. I and the Ladies went on board. The luggage was all to come after, and as I had no change of clothes I retired to my berth at once. Presently the rest arrived, boat after boat, and by that time the weather had cleared off, but altogether our departure was dreary and dis-spiriting.

(I should mention a few last political incidents. One, the appearance of a sort of Journal of Wakefield's in the New Zealander, on the morning of our departure 126 full of the most absurd

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and preposterous falsehoods about every thing and every body. Strange, his pretence of reconciliation with me whilst he was in the act of publishing shameless mis-statements reflecting on me. This last act crowns the whole, and I give him up. The Attorney General walked over to Onehunga with some of the party. FitzGerald told me that he (the Attorney General) confessed to him that had he been in the Governor's place he should have conceded responsible Government at once; but professional timidity prevented him from advising the Governor to that effect. Swainson is too false and treacherous to be believed in any thing, so I pay little attention to what he says.)

1   NZPD, 1854-5, p. 18.
2   St Kevin's (formerly Keven's house), Karangahape Road, used by Governor Grey until 1853, after the old Government House burnt down in 1848. See Plate 48 and photograph in Stacpoole, Colonial Architecture, p. 31.
3   Alfred Ludlam (1810-77), Wellington politician. B Ire. Lived in West Indies. Arr Wellington 1840; MLC New Munster 1848-50. MPC Wellington 1853-61, 1865-76; Speaker 1858-9; leading anti-Featherstonite. MHR 1853-6, 1866-70.
4   See below, p. 30, n. 4.
5   NZPD, 1854-5, pp. 4-6.
6   Ibid, p. 79. On Wed, 7 Jun 1854. Sewell seconded the motion.
7   Ibid, pp. 19-23.
8   Ibid, pp. 27-32.
9   Thomas Spencer Forsaith (1814-98), Auckland politician. B Eng; apprentice in silk trade; seaman; visited NZ 1836, settled in timber trade. Official in Aborigines Protectorate 1843-7; draper in Auckland; MHR 1853-5, 1858-60; memb of Exec 1854. Moved Dunedin 1862; entered Presbyterian ministry; preached in Congregational churches, Australia, Venice and NZ after 1867.
10   Sewell met them earlier in Wellington. See above, Vol. I, p. 389, note 1.
11   NZPD, 1854-5, pp. 45-8.
12   Joseph Greenwood, officer of 31st Foot Regt, capt 1846. Arr NZ 1847 with Fencible detachment; brigade-major. MPC Auckland 1855-7; MHR 1853-7.
13   NZPD, 1854-5, pp. 59-62.
14   Ibid, pp. 65-7.
15   Ibid, p. 68.
16   Loughlin O'Brien (1820-1901), Auckland lawyer and politician. B Ire. Arr NZ 1840s; served articles in Auckland; MHR 1853-5. Public Service 1855; Registrar-General of Supreme Court 1865-70; Judge of Native Land Court, 1880-99.
17   NZPD, 1854-5, pp. 74-5.
18   Refers to the Wakefield-Clifford meeting on Friday, 2 Jun 1854, which was subject of a notorious correspondence: Clifford to Wakefield, 17 Jun, and Wakefield to Clifford, 17 Jun and 19 Jun. Clifford MSS (CML); extracts in The Collected Works of Edward Gibbon Wakefield, pp. 76-7. See Introduction, above, Vol. I, pp. 76-7.
19   NZPD, 1854-5, p. 80.
20   See above, p. 25, note 3.
21   Weld's Journal for the previous day (8 Jun) puts it slightly differently: 'FitzGerald asked Sewell & myself to join him . . . Wakefield whom out of compliment we asked to consult with us refused to come--thought about Dr Campbell as a fit Auckland man could he get into the house . . .'
22   Probably a single-storey building, set back from the street frontage, between the Union Bank and the Masonic Hotel, on the west side of Princes Street. See Plates 40 and 41.
23   See above, Introduction, Vol. I, pp. 79-81, for the misunderstanding which lay behind this statement. Cf Weld's Journal, 10 Jun: 'FitzGd (Sewell & self) wrote a joint letter to the Acting Govr accepting office under certain conditions. Consulted on subjects to be dealt with.' Documents were presented to the Executive Council, 12 Jun, but not published for the House until 3 Aug, after the break-up of the Ministry. NZPD, 1854-5, pp. 254-6.
24   A photograph of Judge Martin's house at Parnell appears in John Stacpoole, Colonial Architecture in New Zealand (Wellington: Reed, 1976), p. 26.
25   Donald McLean, whom Sewell had met briefly at Government House, Wellington, in 1853, now the Chief Land Purchase Commissioner. He had been appointed by Grey 'A Commissioner to treat with the Native Chiefs of New Zealand for the cession of such lands as may be required from time to time by the Crown' (New Ulster Gazette, 6 Apr 1850) and he signed himself 'Land Commissioner'. In some draft notes of a letter to Grey, undated but between entries for 20 Aug and 1 Oct 1853, he proposed that a Land Purchasing department should be set up, with regular estimates. (Notebook labelled 'Diary June-July 1852. Draft Letters and Maori Notes 1853' in the Diaries and Notebooks box for 1851-6. McLean papers, ATL.) After Grey had left NZ McLean was summoned to Auckland (28 Mar 1854) and instructed to 'take charge of the Land Dept'. (Col Sec to McLean, no 18, 26 Apr 1854. Maori Affairs Dept Register 1850-8; MA 2/3. National Archives.) To enable him to carry out this instruction he was told: 'the whole management of the purchasing of lands from the Natives will be transferred from the Surveyor-General to you ...' (Col Sec to McLean, no 158, 26 Apr 1854. Col Sec Out Letter Book; IA 4/254, p. 79.) The Blue Book for 1854 lists a Land Purchase Dept for the first time, with McLean as 'Principal Commissr for Purchase of Land', but his date of appointment is given as Apr 1850 (his original commission). He was soon signing himself as 'Chief Land Purchase Commissr', but was not gazetted with that title until 2 Jun 1857.
26   Executive Council minutes, 14 Jun 1853; EC1/1. National Archives; NZ Govt Gaz, 14 Jun 1854, 2(15): 1.
27   Probably a joke among the Victorian intelligentsia, after John Poole's, Little Pedlington and the Pedlingtonians, 2 vols (London: Henry Colburn, 1839), a satirical travel account of a fictious town--'unquestionably, the perfection of a small provincial town'--designed to poke fun at cant, puffery, humbug and quackery.
28   NZPD, 18S4-S, pp. 85-92.
29   Robert Kelly (1805-57), appointed Registrar of Deeds of the County of Eden, 21 Jul 1848. (It was said that he was of the same regiment as Governor Grey.) Kelly explained his numerical deeds system to the H of Rep, 20 Sep 1860. NZPD, 1858-60, pp. 562-4.
30   The Executive Govt Bill, Waste Lands Bill and Public Reserves Bill. Executive Council minutes, 20 Jun 1854; EC1/1.
31   NZPD, 1854-5, pp. 97-104. Weld's Journal, 20 Jun 1854: 'E. G. Wakefield made a long & studied speech an insidious attack upon us in guise of friendship.'
32   See above, Vol. I, p. 299.
33   Henry Williams (1782-1867), Anglican missionary. B Eng; served in RN 1806-15. Arr NZ 1823 for CMS; in charge of Paihia mission to 1840; archdeacon 1844. Involved in controversy with Selwyn over missionary land holdings.
34   NZPD, 18S4-S, pp. 116-17.
35   NZPD, 1854-5, pp. 118-20.
36   William Molesworth (1810-55), Eng liberal politician and colonial reformer. B Eng; educ St John's Coll Camb and Germany. MP 1832-41, 1845-55; Commissr of Bd of Works 1853; Sec of State for Colonies 1855, but died after three months in office.
37   NZPD, 1854-5, pp. 123-4.
38   Ibid, pp. 125-8.
39   S. G. Holland's twenty-five appointments to the Upper House in 1950, to ensure the passage of the Act abolishing the Council, were dubbed the 'suicide squad'.
40   See above, Vol. I, pp. 213, 215, 225, 227-8, 231-2.
41   NZPD, 18S4-S, pp. 165-7. Bell's appointment was approved by the Executive Council 29 Jun and he took the oath of office on 30 Jun.
42   Ibid, pp. 140-4.
43   Charles Buller (1806-48), English radical politician and colonial reformer. B India; educ Harrow, Edinburgh U and Trin Coll Camb. MP1830, 1832-48; visited Canada with Durham and Wakefield 1838; sec of Bd of Control 1841; Judge Advoc-Gen 1847.
44   A highly partisan view, but the one used by Sewell in his attempt to evade the Assn's payments to the NZCo. In March 1852 a Canterbury Assn committee reported that of the NZCo's parliamentary loans of £100,000 (1846) and £136,000 (1847) a sum of £36,634 14s 6d should have been available for purposes outlined in the relevant acts, which, they maintained, included provision for a Church of England settlement. Thus, Sewell had argued, repayment of the NZCo's advances to the Assn for surveys and site preparations should have been waived and the money be used for work on the Lyttelton-Christchurch road. This, he felt, was a more legitimate expense than the payment of arrears of directors' fees of over £8000. See Introduction, Vol. I, pp. 43-4.
45   NZPD, 18S4-S, pp. 157-61. The resolution was moved by Edward Jerningham Wakefield, but Gibbon spoke.
46   Ibid, p. 164.
47   William Thomas Lock Travers (1819-1903), lawyer and politician. B Ire; educ France; served with Brit Legion in Spain 1835-8; trained as solicitor. Arr Nelson 1849; MHR 1853-9, 1867-70, 1877-8; memb of Exec 1854; MPC Canterbury 1867.
48   Joshua Charles Porter (d 1884), lawyer, who settled at Kaiapoi. Arr Canterbury 1850 and practised law; Clerk to Magistrates' Court and Dep Registrar of Supreme Court, 1853. Later practised at Kaiapoi; memb Municipal Council; mayor 1869.
49   Joseph Loscombe Richards (1798-1854), who had matriculated in 1815 and was rector of Exeter Coll, 1838-54. He died at Bonchurch, Isle of Wight (where Sewell's children were being brought up), on 27 Feb 1854. William Sewell of Radley was a fellow, but did not become rector.
50   The Royal Commission Report of 1852 (see above, Vol. I, p. 196) had recommended changes in university government, the creation of new chairs and making fellowships become dependent on merit. This trod on many vested interests, but later in 1854, by 17 & 18 Vict, cap 81 (7 Aug 1854), introduced by W. E. Gladstone, some reforms were passed.
51   The Crimean War-declared 28 Mar 1854. Announced in Legislative Council, 11 Jul 1854.
52   NZPD, 1854-5, pp. 168-76, 189-214, for debate on 2nd reading of Waste Lands Bill.
53   Ibid, p. 189.
54   Sewell raised it as a matter of parliamentary privilege, 5 Jul, and it was debated 7 Jul 1854. NZPD, 1854-5, pp. 179, 182, 188.
55   Harry Woodford St Hill (1828-1907), Anglican deacon. B Eng; educ Christ's Hospital and St John's Coll Auckland; ordained deacon 1852, priest 1859; headmaster Crofton School 1865-75; vicar Havelock North; canon Napier Cathedral 1883.
56   Sewell's brother, William (1804-74), the founder of St Columba's College, Stackallen, Ireland (1843) and St Peter's College, Radley, near Oxford (1847), and Warden of Radley 1852-61. See Introduction, Vol. I, p. 24.
57   Abraham was running a small collegiate school for English boys in the college buildings. The college was closed temporarily in 1853. Failure of his ambitious collegiate scheme had been staring Bishop Selwyn in the face because of financial and staffing problems and the attitude of the public, which disliked his insistence on racial equality. The immediate cause of closure was scandal: homosexuality among English students spread to some of the Maoris. K. N. Booth, 'The Founding of St John's College' in Selwyn Centennial Lectures (forthcoming).
58   Executive Council minutes, 11 Jul 1854. EC\I1; NZPD, 1854-5, p. 189.
59   Ibid, pp. 197-201; Weld's Journal, 11 Jul 1854: 'I replied & spoke for about an hour.'
60   Ibid; Weld noted that Wakefield spoke for three hours. NZPD, 1854-5, pp. 201-10.
61   NZPD, 1854-5, pp. 217-19.
62   Ibid, pp. 223-4.
63   Ibid, pp. 225-6.
64   There were fourteen present. V&PH of Rep, 1854, 14 Jul.
65   The Sisters of Mercy, founded 1852, on the site of the modern St Patrick's Cathedral, Wyndham St.
66   The gold rushes in Australia
67   Wynyard to Newcastle, 9 Jun 1854 (encl. part of minutes of Executive Council on 6 Jun when Swainson's advice had been agreed to); CO 209/123, pp. 37-41. The minutes of the Executive Council on 29 Jul record only routine business (EC 1/1), but the future of the Govt was, no doubt, discussed, as at the meetings of 1st and 2nd Aug members had documents ready.
68   On Wed, 2 Aug. See below, p. 64.
69   Charles Brown (1820-1901), first Supt of Taranaki. B Eng. Arr New Plymouth 1841, trader; MLC New Ulster 1852; Supt Taranaki Prov 1853-6, 1861-5; MHR 1855-6, 1858-60,1864-5, 1868-70; Min 1856; MPC Taranaki 1855-6, 1866-9, 1874-6.
70   Executive Council minutes, 1 Aug 1854; EC1/1. Papers published on 3 Aug, NZPD, 1854-5, pp. 254-5. In Weld's Journal there is an undated retrospective note, appearing below his entries for 26 Jul to 1 Aug, which suggests that when FitzGerald went to Wynyard and explained the ministers' views the acting Governor was 'reluctant but held out the prospect of complying if pressed by the House. On the ultimatum being sent to him of our resignation or theirs.Well then I suppose I shall have to give up my old officials.'
71   Executive Council minutes, 2 Aug 1854; EC1/1. Weld, Sewell and Bartley did not attend. Weld's Journal, loc. cit.: 'FitzGerald took a less decided view of these matters than the rest of us--he was afraid of putting Wynyard in a fix.'
72   NZPD, 1854-5, p. 252.
73   Ibid, pp. 253-8.
74   Ibid, pp. 259-60.
75   Ibid, pp. 260-1.
76   Ibid, pp. 267-8.
77   Message no. 25 to the House; see message no. 8 to Legislative Council, printed in NZPD, 1854-5, pp. 268-72.
78   On Princes Street, opposite Government House, next to Union Bank. A house formerly occupied by General Pitt and opened in May 1853 by James Henry King. See Plate 40.
79   NZPD, 1854-5, pp. 273-82.
80   See Introduction, Vol. I, p. 90.
81   NZPD, 1854-5, pp. 283-90. The majority was 13.
82   Ibid, pp. 299-302. Weld's Journal (9 Aug): 'The Address was written chiefly by Sewell & agreed on at King's boarding house where our party meet daily', and (15 Aug) 'a long & able document stating the case of the House v the Governor it was originally drawn up by Sewell but agreed on & discussed paragraph by paragraph by all of us at meetings at King's boarding house'.
83   Lord Alfred Spencer Churchill (1824-93), second son of the 5th Duke of Marlborough; Cons MP for Woodstock, 1845-7, 1857-65; chairman Africa Aid Society.
84   NZPD, 1854-5, pp. 303-5.
85   Ibid, pp. 303-34 for the debate.
86   The New Zealander, 16 Aug 1854, p.2, published part of a letter by 'Ye Ken Wha', 10 Jul 1854 (from the Canterbury Standard, 13 July 1854, p.3), which suggested that Sewell's mission had resulted in little more than increased distrust of the Canterbury Assn. This led the Auckland paper to comment: 'A storm seemed to be brewing which threatens to burst on the devoted head of poor Mr Sewell as soon as he gets back to Canterbury. ... It is curious, and not uninstructive, to observe how closely the imputations of secrecy and malpractice in financial and land matters which are prominent in the statements, resemble the charges which Mr Sewell himself is here foremost in urging against the former Executive of the Colony. Without now mooting the question of the justice of the accusations in either case, no one can read on Mr Sewell's speech and Memorandum . .. and then look through the last file of the Canterbury papers, without almost involuntarily exclaiming "Physician, heal thyself".'
87   The proceedings in the House are recorded in NZPD, 1854-5, pp. 334-41, and the Southern Cross, 18 Aug 1854, p. 2, which did not mention Mackay's ejection. Weld's Journal (17 Aug) stressed 'two scenes, the locking of the door & the Mackay episode'. See Introduction, Vol. I, pp. 91-2.
88   'An Act to shorten the time now required for giving notice of the royal intention of his Majesty, his heirs or successors, that the parliament shall meet and be holden for the dispatch of business', 19 Jul 1797: it dealt with procedure for calling parliament between a dissolution and a new parliament in the case of the demise of the King. Parliament should meet in not less than 14 days of the proclamation, notwithstanding a prorogation for a longer period.
89   Thomas Erskine May, A Treatise on the Law, Privileges, Proceedings and Usage of Parliament (London: 1844).
90   An excursion trip in Auckland harbour was made on Thursday, 27 Jul 1854, following a meeting about Auckland interests having a share in the William Denny's employment on the New Zealand-Sydney run. Southern Cross, 28 Jul 1854, p. 3, and 1 Aug 1854, p. 3; Weld's Journal, 28 Jul 1854.
91   Possibly the torn up sheet. See above, p. 60, entry for 30 July.
92   Given to the House by FitzGerald on 3 Aug. NZPD, 1854-5, pp. 254-5.
93   In a memorandum of Saturday, 19 Aug 1854, summarising a conversation with Swainson over breakfast that day, Wakefield wrote: 'I asked Mr Swainson whether he knew that his Excellency had been visited the day before by a gentleman, whose name it is unnecessary to mention.' Swainson, New Zealand and its Colonization, p. 341.
94   Weld's Journal (Saturday, 19 Aug-Tuesday, 22 Aug): 'Days of ferment & varying rumours & reports. Our party meeting alone daily at King's & generally acting well together. Talks of Monro's forming a compromise ministry, FitzG[eral]d rather inclined to it. Sewell & I not inclined to advise the house to retrograde.'
95   On 21 Aug 1854 the Executive Council considered the scene in the House of Representatives on 17 Aug and subsequent newspaper comment. They recommended any concession by the acting Governor would be mischievous and that re-assembly after a fortnight would be inexpedient. They suggested that responsible government should be left to a new governor and should be made by a British Act of Parliament. EC1/1.
96   Weld's Journal (25 Aug 1854) recorded that Monro had gone to Howick that day, but notes (26 Aug) that Monro saw the Governor and also advised that the House would vote supplies.
97   Ibid, 27 Aug 1854. William Crompton had passed on the information that there were attempts to get Weld or Sewell to join a new ministry in return for concessions. But Weld refused to have any communication with Wakefield--'In fact I have "cut him".'
98   This is the most explicit statement in the Journal of the notion that Swainson had been deliberately working against the 'ministers'. FitzGerald, Sewell and Weld claimed in the House that they had been deceived by Wynyard in June, and they maintained this in their private writings (Sewell above, p. 62; Weld to Godley, 4 Sep 1854--Godley MS, XLIV; and, most forcefully in FitzGerald's history of the first session in a long letter to Godley, finished 23 April 1855--Godley MS, LXXXVIII). Their view has become part of the received story; William Pember Reeves said Wynyard was 'wax in the hands' of Swainson (The Long White Cloud--London: Allen and Unwin, 1898; 5th ed. 1956, p. 191) and Gisborne mentioned intrigue by Wakefield and the 'secret advice' of Swainson (New Zealand Rulers and Statesmen, p. 78). Later writers keep up the theme; S. P. Hamilton ('William Swainson. Attorney-General of New Zealand, 1841-1856', unpublished M.A. thesis, Auckland, 1949, p. 129) suggests Swainson 'had little faith in the principle of responsible government . .. and attempted to postpone its operation as long as possible' and Stuart (Wakefield in New Zealand, p. 133) suggests that 'the only conclusion is that both Swainson and Wynyard executed a manoeuvre which involved some element of of deception'. Williams (Weld, p. Ill) suggests the Mixed Ministry deceived themselves in thinking that constitutional change could go ahead without reference to England and 'Swainson through Wynyard had deliberately fostered this illusion. It was a skilful way of stalling by compromise ...' The official papers, including offers of resignation by the officials, all point the other way. The 'deception' thesis depends on FitzGerald's, Weld's and Sewell's memory of their arrangement with Wynyard, and second-hand reports such as this by Greenwood.
99   Text of Governor's speech in NZPD, 1854-5, pp. 345-8. Cf Weld's Journal, 31 Aug 1854, where it was called 'an unconstitutional claptrap demogogical speech--a clear electioneering placard'.
100   Charles James Fox's abortive bill of 1783 designed to replace the East India Company's Court of Directors with a Board of Commissioners authorised by Parliament and not under control of the executive. It was criticised at the time as a scheme of 'jobs' for Fox's friends. See L. S. Sutherland, The East India Company in Eighteenth Century Politics (Oxford: Clarendon Press, 1952), p. 397.
101   Thomas Forsaith (Auckland), Edward Jerningham Wakefield (Canterbury), William Travers (Nelson) and James Macandrew (Otago), who had been sworn in that morning.
102   NZPD, 1854-5, p. 348.
103   Weld's Journal (31 Aug 1854) notes that the committee to draft the address was composed of Monro, FitzGerald, Sewell, Brown, Featherston, Hart and Weld.
104   NZPD, 1854-5, p. 351.
105   Hence the sobriquet--'clean-shirt ministry'.
106   NZPD, 1854-5, pp. 352-60.
107   Not a change of British ministry. In June 1854 the portfolios of War and Colonies were split because of the strains imposed by the Crimean War. The office of Secretary of State for the Colonies went to Sir George Grey, Bart, and Newcastle stayed on at the War Office.
108   Frederick Peel (1823-1906), parliamentary under-secretary of state for the Colonies 1851-2, 1852-5. (Sir Robert Peel's second son.) Knighted 1869.
109   While on leave in London Grey claimed that he could not have called the General Assembly until three weeks before he left NZ because writs for the Otago elections had not been returned. He told Wynyard that he would have called the Assembly if he had stayed in the colony. (Grey to Newcastle, 18 May 1854; CO 209/122, pp. 284-98.)
110   The agreement made in Dec 1852 to pay the NZCo £2080 19s 8d in return for the company's dropping of legal proceedings against the guarantors for £6000, which Sewell had energetically resisted. See Introduction, Vol. I, p. 44.
111   Moved by Stuart-Wortley. NZPD, 1854-5, pp. 360-1.
112   The business of the evening session was reported in the Southern Cross, 22 Sep 1854, p. 3.
113   Message no. 4; printed in NZPD, 1854-5, pp. 364-6.
114   Ibid, pp. 367-9. Message no. 5.
115   NZStatutes: Dower Act, 14 Sep 1854, 18 Vict, No. 3; Nelson Trust Funds Act, 14 Sep 1854, 18 Vict, No. 4; Powers of Attorney Act, 16 Sep 1854, 18 Vict, No. 10.
116   NZPD, 1854-5, pp. 451-3.
117   NZ Statutes: 18 Vict, No. 12, 14 Sep 1854.
118   The Acts mentioned--NZ Statutes: Waste Lands Act, 14 Sep 1854, 18 Vict, No. 6; Secondary Punishments Act, 16 Sep 1854, 18 Vict, No. 9; Public Reserves Act, 14 Sep 1854, 18 Vict, No. 7; English Acts Act, 14 Sep 1854, 18 Vict, No. 1, which applied seventeen English statutes to the colony.
119   Discussed in Committee on Supply under the expenses of the General Assembly. NZPD, 1854-5, pp. 417-23.
120   Ibid, pp. 445-9, 454.
121   See above, Vol. I, p. 420, n. 4.
122   The text of the resolutions is printed in NZPD, 1854-5, pp. 446-7.
123   Both Sewell and FitzGerald put the problem to the Colonial Secretary during the Assembly. Sewell appealed to the Colonial Govt to instruct its officers to restore the Canterbury Land Office (Sewell to Col Sec, 26 Aug 1854; Henry Sewell's Letter Books, I). FitzGerald found the Colonial Govt prepared to support any arrangement that the Canterbury Assn and the Province might come to over the transfer of properties. (FitzGerald to OAG, 28 Aug and 29 Aug 1854, and Sinclair to Supt, 6 Sep 1854; PC Papers, Session III, No. 4.)
124   Although Sewell evidently wished to temper some of his comments on Wakefield when he came to edit his Journal at a later date, this last, harsh, judgment was left to stand.
125   William Henry Kenny (1811-80), soldier. B Britain; served in Black Watch. Arr NZ 1847 with Fencibles; quartermaster-general 1863-4. MLC 1853-80.
126   The New-Zealander Extra, 18 Sep 1853, which printed the final instalment of 'Rise and Fall of Responsible Government', previous parts of which appeared 26 Aug and 30 Aug.

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