APPENDIX I. FitzGerald's Account of the First Session of the General Assembly
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APPENDIX I
FitzGerald's Account of the First Session of the General Assembly 1
My Dear Godley,
Many months have elapsed since I wrote to you during which events have occurred which, had I been able to receive answers would have produced almost daily letters to you--for your advice would have been the greatest assistance I could have desired. For a long time the circumstances which I am about to relate absolutely forbid my writing. I could not find the time, and since, that sort of lassitude which follows on over work and over excitement has rendered it very difficult to do more than I was absolutely compelled to do. And yet I am well aware that all this time you and others in England have been receiving letters from an able hand no doubt vilifying myself, my motives, my colleagues and my party--that I think is highly probable and I am sure that you will yourself be glad to receive explanations on some points although it is impossible for you to be carried away with the misrepresentations which you will have received.
The calling together of the General Assembly by the Ad interim Governor made a considerable sensation in the country. Whether this were arranged with Grey before he went I do not know. If it were Col. Wynyard has got more credit than he deserves and I think has not treated Grey quite fairly in allowing it to be thought his own Act.
If it were his own act it was a very creditable one although that of a man who had very little idea of the consequences of the step he was taking. The first idea that seems to have prevailed amongst the members was How is Govt, to be conducted in the Houses? Who is to lead? The Govt, officials are not in the Lower House. And only the Attorney General in the Upper House. It was curious to speculate on what would happen. The Govt, themselves appear to have had no idea on the subject: they thought that bills would be taken up by one member or another and would pass through the Houses by a sort of natural process: that bills passed as trees grew or stock increased. At Auckland the Provincial Council had actually worked in that manner being led by no one. The Supdt. sending down blank estimates to be filled up at the discretion of the individual members. So they
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appear to have thought that matters could be conducted in the same manner in the General Assembly. I think I have never seen any set of public men so politically ignorant in my life.
In the south there was more forethought and every one was asking who was likely to take the lead in the Lower House. Wakefield, Featherston and Monro were all named as likely men. Weld less known as a speaker was greatly trusted as of strong and sound judgement. It was soon perceived that the question would be responsible Government. And that the first responsible Govt, would be the leaders of the party whatever it might be in the House. This was the state of feeling when we met at Auckland. I said just now 'the party'. I will endeavour to explain the state of parties such as there were on our first Assembling. First there was the Auckland party--A party comprising half the Legislative Council and one third of the Lower House. It did not comprise any men possessing any great political information or ability whatever. I except (two) [crossed out] a very few, Mr Whittaker an attorney in the Upper House--of some ability and considerable practice as a lawyer and in the Lower House Mr Forsaith a linen draper in Auckland formerly a protector of aborigines a man of considerable shrewdness and by no means a bad speaker ([inserted] I except also Mr Brown who became a member during the session). I especially too except Carleton who is a different stamp of man from any thing else at Auckland and whose crochetty disposition and often Quixotic ideas alone cripple the otherwise great powers and information he possesses. Throughout the whole session I was unable to ascertain that there were any views prevalent at Auckland except in relation to that settlement alone; nothing like a policy for the rest of New Zealand had ever been thought of. They disregard the rest of New Zealand altogether. To them New Zealand is Auckland an[d] nothing else, or rather I may say Auckland is Auckland and the other Provinces constitute the remote Colony of New Zealand. Internal parties in the Auckland political arena came on the stage very little in the General Assembly they seem to me to be the people against the Military influence. I could find no differences on other political matters of which indeed they appear to me to be ignorant.
In Wellington you know how the two old parties of Govt, and Constitutional Association were pitted against one another. When the Provl. Govt, was formed and Grey left, all power of course fell into the hands of the Constitutional party. When Wakefield arrived he appears to have looked about for a political fulcrum on which to plant his lever. The popular side appeared to be filled, and the old leaders to occupy the first seats. He does not love as you know to play second fiddle. And so he set about making a party of his own. But the only fact to which I need allude here is the cry on which he got his Election the 'Compensation for labourers scheme'. In the Provincial Council, he was supported by a few but feared and mistrusted by most--by some hated. Ludlam often
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supported him, Revans sometimes, I mention this because these very men turned out his bitterest opponents in the General Assembly. Certainly his dishonesty, duplicity and love of intrigue have grown and become more transparent with the increase of age. It is hardly worth mentioning the old nominee party and popular party as elements. Wakefield sought his adherents out of the nominee party, but as two distinct parties they had entirely amalgamated or had been superseded by new parties altogether. New Plymouth had no parties. Nelson contained the strongest element of the Central party as opposed to the Provincial. Dr Monro carrying that doctrine to the farthest limits. Canterbury and Otago were decidedly Provincial.
Well, we met. A few days shewed the impossibility of going on without some recognised organ of the Govt, in the House of Representatives and it was agreed that a resolution should be moved asserting the necessity of responsible Govt. (This letter was begun and so far written some months ago.) But the anxious talk amongst all was who is to take the lead? Several members both Auckland and Wellington in frequent conversations begged me to take the lead. I tell you this not indeed egotisically but it explains a good deal of what took place afterwards. Wakefield was naturally looked to but the expression was universal: 'He must not lead, he is not to be trusted'--or as was facetiously said--'He may be the screw under the stern but won't do for the figure head.' As soon as the speech [from the throne] had been delivered the mover of the address had to be selected and it was given to me. The Resolution about responsible Govt, was given to Wakefield. This question having been carried an adjournment of some days took place. And we waited for what the Govr. would do. He sent for myself and Monro. Now this is important. Had the Govr. not had an insuperable objection to send for Wakefield he ought to have sent for him then. Wakefield had taken the chief part in that question, and ought to have been sent for. But it was pretty well known at that time, and [Swainson] the Attorney General did not scruple to say, though he denied it when called to task by Wakefield, that such objections did exist. Well, Wynyard passed by Wakefield and sent for the mover and seconder of the address. In the mean time and before it was known what Wynyard would do I met Wakefield, with whom I was on speaking terms, in the street, and had half an hours conversation with him. The terms I was on with Wakefield were not very cordial. I had seen him a few times at Canterbury. He wrote to me some months after from Wellington telling me he had heard from you at Sydney--and that you wished him to put himself in the most confidential relation with me, that he could not do so as long as I was writing against Sewell but that he wished to do so if I would. I replied that I was ready to work with him, but I did not reply very cordially because I knew he had been abusing me and you in no measured language at Wellington and it appears since that he was writing to England abusing me at the very time he
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was writing that friendly letter to myself; (By the way is it a fact that you did write to him from Sydney in these terms?) well Wakefield had never answered my letter, and I have heard nothing of or from him since till we met at Auckland. I return now to this particular conversation in the street at Auckland before it was publicly known what Wynyard would do. Wakefield told me it was pretty certain that the Gov. would send for some members of the House and add them to the Executive Council. And the question was who was to be the man. I said at once 'Of course it will be you.' He said he would not take it and that I must do it. I asked him to tell me distinctly and truly whether he would not take part in a Govt, he told me upon his honour nothing should induce him to take office (Indeed I know he had told Stafford the same when he was at Nelson). He said he should like to be consulted that he thought he had a right to be consulted but he never would take office. He then told me that I must do it--that there was no one else. In fact he went through all the names of persons who were likely to take the lead and dismissed them one by one. I urged on him that it was not proper for a Suptdt. to undertake the task of leading a responsible Govt, and I told him that I would not, in fact could not leave Canterbury and take the Coll-Secretaryship. We agreed that the leader of the first responsible Government ought to be a man who could take the Secretaryship and that I distinctly and repeatedly said I could not do. I had no wish to leave Canterbury on public grounds and on private grounds I could not afford it. Wakefield ended the conversation by asking me not at all events to say that I had permanently determined not to accept personal office under the General Govt. To leave it open, this I refused to do. I dwell on this conversation because towards the end of the session Wakefield repeatedly accused me and the others of greedily seizing all the power and the office we could get. And when I replied that he was quite aware that I would not and could not accept office he gave a description of that conversation which is a tissue of falsehoods--so much so that I would just as soon again go into a private room with any convicted swindler or burglar as I would with him. When Col. Wynyard sent for me and Monro, we went and consulted together whether we could hit on a policy. We soon found we could not. Monro is very central in his ideas, underrating the Provl. Govn. and desiring to control them to the utmost. I therefore returned and told Wynyard this the next day; and was commissioned to try and get two others to work with me. At the same time it was strongly intimated to me that Whittaker would be the proper man for the legal adviser. I enquired about Whittaker and found that he was one of the old official clique, that he would at once strengthen the hands of the Attorney General and the old military party and do a new Gov. no good. Notwithstanding therefore his undoubted abilities I at once determined to have nothing to do with him. And as it was imposed on me that one should be a lawyer I went to Sewell. I knew no one else. I had no faith in the
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(Wellington men)[crossed out] others whom I did know and though not without some compunctions owing to the extreme differences we had had together. Still as I believed our general politics agreed and as I believed in Sewell's abilities as a lawyer I went to him. As to the third man that was settled: for Weld had been marked out by all as the man. Now Wakefield in later debates and letters has complained of not being consulted and of being deserted by Sewell. Whereas Sewell absolutely refused to work with me unless Wakefield would support the Govt, and he and Weld went to Wakefield the next morning and Wakefield then agreed to and approved of the whole arrangement. The real truth is, as is apparent from many things which subsequently occurred Wakefield expected to have been consulted as to the men to be put into the Govt, and to have made his support contingent on his son's being given office. Sewell was always very anxious to consult Wakefield. I never was. I had seen too much of his thorough dishonesty. And it is impossible to overrate the baseness and meanness of the manner in which Wakefield treated Sewell at the end of the Session, considering that Sewell had absolutely cringed to him to gain his favor to the Ministry. Wakefield's real feeling became at once apparent for he opened almost on the first night by a speech intended to be damaging in the last degree, but so completely missing its mark that his best supporter Hart immediately attacked it as the most ungenerous speech he had ever heard. Our first difficulty was not having one of the Ministers in the Legislative Council, but we insisted on the Attorney General taking the lead there and sharing our responsibility for our bills. After some discussion it was agreed against our advice to add a fourth member to the Executive Council. So we put Mr Bartley an old and most respectable Barrister into the Upper House with a seat in the Executive Council and Brown (Now Superintendent) was returned for the City [Auckland] in his stead. I now wish to explain our policy, briefly, because you will see it in the speeches I send you. And I must add that all our bills were read and discussed in the Executive Council (for this I insisted on first). This is very important as explaining what follows. First we proposed to constitute the Executive Govt, by a law. Now when Wynyard first proposed to us to take office some letters passed on the subject which you will see in the paper the pith being that he could not remove the present officers till he had heard from England. So that we did not reply in writing but it was discussed in the Executive Council and, as we understood, fully agreed that although the Gov could not do it arbitrarily, yet that, as soon as a law was passed giving the old officials a pension and making new offices to be appointed not by the Crown, but by the Govr., they were to resign and a permanent responsible Govt, was to be established. In fact no man in his senses can read our bill without seeing that that was its meaning. You will see the Bill in the papers. It put an end to the present offices appointed by the Crown altogether and created others appointed by the Governor. Now this bill you must observe was especially
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referred in the Council to the Govr. on this point whether it need be reserved for the Consent of the Crown in England. And he advised that it need not. If then it had become law the old officers would have been absolutely destroyed and yet after assenting to such a bill these Gentlemen say they never agreed to resign until they heard from the Crown in England. Next, take our policy about the lands. All the Southern members were pledged to vote for giving over the lands to the Provinces. Wakefield amongst the number. Well you know the Constitution Act prohibits the Provinces from dealing with the Waste Lands. But the Constitution Act and Royal Instructions enable the Govr. to regulate the sale of the waste lands until the Assembly shall meet. We said let us continue this power to the Govr. limiting it only to such regulations as shall be recommended or approved of by the Provincial Legislatures. This will be within the law and at the same time it will virtually give the Provinces all the control they want in the management of the Lands. In fact it enabled the Govr. with the consent of the Supdt. and Provincial Council to make laws for each Province. That was in fact all we wanted. On this Bill Wakefield first attacked us and made a great struggle to organise an opposition. Indeed he believed up to the last moment that he had a majority. It certainly was a very exciting time. For we had no party and did not know who would vote for us and who against us. I heard afterwards that it had been conveyed to Wakefield that Wynyard had said that if he got a majority he would have no objection to send for him, and that that determined Wakefield to go in against us. Wakefield spoke on that occasion more than three hours. It was a set speech carefully written and spoken from voluminous notes. And it was a wretched failure. In the first place Wakefield had in very strong language promised us all his support and that every thing we did was to be recd. with the most generous spirit by the House. Now this speech on the Second reading of the Waste Lands [Bill] was full of bitter undisguised malice and spleen. It was captious and wearisome and more than all it proposed no other policy. That was its great blunder as a speech. No one could divine what Wakefield's policy was to be on the Waste Lands. The feeling was one of utter disappointment and disgust. When he sat down Sewell rose. His reply was really a master piece. It was the first time Wakefield had betrayed him--misrepresented their private opinions held together and long talked over. I never saw a man more wounded than Sewell. He said to me whilst Wakefield was speaking, 'I'm afraid after all he is a very great scoundrel.' Indeed the opening of Sewell's reply when smarting under a sense of injustice was really very fine. His whole speech was triumphant and carried the house away with it. A great mistake was then made by one of our side without our wish, who moved to divide immediately that is to stop further debate. On this we divided with a majority of 20 to 10. But it is a bad plan to stop discussion, I did not speak. When the Waste Lands bill got into Committee Wakefield did what he
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ought to have done before, proposed a policy by some amendments called the 'Working settlers amendments'. As they have since become celebrated and as Auckland has actually adopted them I will dwell on them for a few Minutes. As Sewell [it was Weld] well remarked in opening his speech against them, that was a memorable night: the great master of the Art ot Colonisation formally renouncing all his doctrines and unsaying all he had been saying for twenty years. This new plan goes in for cheap land, indeed for almost no price at all, but the Crown Grants are to be withheld till certain conditions of occupation have been fulfilled. I do not now know whose these Amendments were. Wakefield called them his own but said he had consulted a lawyer in the preparation of them. But since he left Auckland Whittaker in proposing them for Auckland has said they were his, has frequently in public claimed the credit of them. And indeed this is not unlikely for there is nothing new in them. They propose to set aside one third of the land for working settlers to be granted on leases with purchasing clauses, on conditions of occupation. Well this is very nearly the pensioner system. The idea is clearly taken from the pensioner settlements. Then the leasing I had already proposed last year. The low price had been proposed by all Colonists, the conditions of occupation had been tried in America and often have I in former times heard Wakefield labor to prove the impossibility of such a plan, expose its inevitable jobbing and favouritism. Indeed in proposing these Regulations he disproved every doctrine his writings establish. He claims to have promoted Colonisation. As I said then, If these new doctrines be true, these doctrines which are precisely those which Wakefield's antagonists have ever held, then he has been the greatest barrier and obstruction which colonisation has ever had. I am unable to recollect any argument by which he justified this change of views except one that the effect of the gold diggings had been that no more labor could ever be imported by means of a land fund, that the only way to get labor was to make the colony so attractive that labor would find its way out. And that attractiveness was to be cheap land for all. His attempts to establish a case were very meagre quite beneath his abilities. But he had got up a great cry 'Working Mans land'. Well we met this by saying it was a betrayal of his pledge on the hustings that each Settlement should settle its own terms for itself, indeed Wakefield had said so in his speeches that the Prov[incia]l Councils would job away the lands. This sentence alone sent every Wellington member to the other side, who had heard him on the hustings declare he would support Provincial management for the lands. We said we will not force any terms on the Provinces. Secondly we said this is class legislation, unnecessary and unjust. And lastly we went into the merits of the scheme, and shewed its unworkability. I will not trouble you will all those reasons here, and we carried the House by large majorities. I will postpone what I have to say as to the bill ultimately carried until we come to the Second Session.
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The only other Bill to which I shall refer was our 'Empowering Bill'. And on this point although we had majorities we had less real assent than on any other subject. This is a point on which the great struggle in New Zealand politics will turn. There are as I said two distinct parties the Centralists with Monro at their head who thinks the Provincial Govts, ought to be mere Municipalities and the Central Govt, the main object and Featherston's party who avowedly would destroy the Genl. Govt, altogether and make the Colony a federal union of several small states. To propose any policy on this Subject was a very great difficulty. But as several Provinces had passed Provincial laws giving powers to the Supdts. and all difft.--we thought that some law ought to be passed. The relations between the General Govt, and each of the Provinces ought at all events to be the same. We took the Statute Book of New Zealand and divided the ordinances into three classes. Schedules A.B.C. All the powers given to the Governor in Schedule A. (for example), we gave to Supdts. all those in B. to the Governor and those in C. we gave to the Governor with power to delegate them at his discretion to the Supdts. And I can devise no other way of settling this much vexed question.
But I turn now to the Great Scene of the Session. It turned mainly on finance. On first taking office we begged the Attorney-General to make out the Expenditure of the General Govt, as it was then going on. By the by you will here see what a truthless man Sir G Grey is. I observe he said in England that no money was being spent without law. The appropriation Act had expired in September--we were then in the following June. Nine months had elapsed and the expenditure was more than £30,000 a year above what was sanctioned by any law. We said we should pass a bill of indemnity for this Expenditure, and the Executive] Council agreed it would be necessary--Wynyard and all. Grey may say he did not spend money illegally, but I say his successor agreed to pass a bill of indemnity to sanction Grey's illegal expenditure. I assure you no language can describe the total confusion in all the accounts. It is quite impossible to exaggerate it, I tried for weeks to master the subject but it was hopeless. Every fresh Account produced by the Auditor General differed from the last and I found mistakes of thousands in each. I have no reason to believe there is anything like Great Corruption or peculation in the Govt, but I do not think the Govr. would find it out if there were. I always except the land office at Auckland in which jobbing is the rule if report says truly from the Govr. down to the lowest official. Just before the meeting of the General Assembly Dr Knight the Auditor General was sent round to pick up information as to the several settlements; before that voyage of discovery they could have known nothing. And Knight brought back a whole mass of undigested materials which were very unsatisfactory. In fine the whole affair was a shocking mess. Again it is absolutely true that there was no account of the outstanding land scrip--no one knew. Well I need not go
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into all our difficulties you will see them in the papers I send if you are sufficiently interested to read them. But we found that the Old Officials were giving us very cold assistance waiting in fact to see what would turn up. Whilst the House were getting very anxious for the settlement of a permanent Govt, they were getting very nervous about money matters and whispers went about that the supplies would not be voted until a permanent Govt, were formed. I confess nothing of the kind was said to me. But Sewell and Weld were constantly spoken to on the subject and expressions came to our ears from some of the old officials themselves which alarmed us. We determined to call on the old officials to resign or to give in a distinct promise to do so before the end of the Session as soon as their Salaries were secured. Then we found and not till then the treachery which had been practised on us. They never intended to resign until Col Wynyard had reed, instructions from England. Of Col. Wynyard personally I only think that he is weak to imbecility. I declare on my honor in private conversation one day he said the old officials must go if they could not carry on the Govt, with a majority of the House and the next he states in a written memorandum that his duty and honor would not allow him to accept their resignations. There is not the least question on my mind that but for the Attorney General he would have turned them all out: but the At. Genl. frightened him. I am quite sure the officials intended to resign at the time our bargain was made, because Dr Monro a very sober wise man had frequent interviews with the At. Genl. and Secretary before we took office and the impression on his mind then was that there was no difficulty. I have no doubt they took courage when they saw there was a certain amount of opposition to our Govt, in the Lower House and thought that with that and the Upper house they could save their places, and might safely throw us over. It was as gross and flagrant a piece of treachery as was ever perpetrated. From the moment when they sanctioned the passing of the Ex. Govt. Bill their bargain was that they would resign as soon as circumstances--as the public service--required it. Of course we resigned. Sewell and Weld resigned first and Bartley. I confess so anxious was I to carry on matters smoothly that I would alone have carried on the Gov. had I had any hope of success. The Col. Secretary resigned. I had the office to dispose of, and I would have taken it could I have given up Canterbury. I don't think I could possibly have commanded a majority, but I would have tried and I told Wynyard so, and several others, if there had been a chance of success. Well we resigned, and Wynyard immediately sent for Wakefield. This was in my mind a most silly proceeding. If he had not had insuperable objections to Wakefield he ought in justice to have sent for him at first. But then W. did not stand badly except as an object of suspicion. Now however his conduct, his plain dishonesty had shewd itself and had disgusted all. Still at that moment Wakefield had a game to play, and really I have formed a much lower estimate of his political powers seeing him miss
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it and play a miserably false move. Stafford offered to bet £50 that night that Wakefield would stand by the House. Had he done that he must have been at the head of the party, because he might have always thrown it on us that we had spoiled his policy and that if he had been called in all would have gone right and so on. That was his clear game. But he could not resist the charms of advising whilst he would not take the responsibility of office. He came down to the House the next night and told us that he was His Excellency's adviser, that he could not form a Govt, that he could not attempt it; he had agreed to advise His Excellency on these terms that he should be his sole adviser and that the moment he took advice from any one else W. was to take up his hat and walk out. All that he could do he said was to attempt to heal the breach between the Gov. and the House, to act as a mediator. But if we attempted to coerce the Govr. if we acted cruelly towards him, he Wakefield would take office and--he then threatened a dissolution. The moment that speech was uttered the House sprang to arms. It was the most deeply and keenly insulting speech I ever heard and as Wakefield is not a fool its object was apparant, namely to embroil the House with the Governor--inextricably--so that there could be no healing of the wound. To goad the House into such conduct as would force or at all events justify the Govr. in dissolving us, leaving him Wakefield the sole adviser, unrestrained by a Parliament and--this was his aim--I saw it at once it was too plain to be missed--and then to scheme away the Waste Lands to his uncontrolled hearts content acting on the Governor's supposed power to regulate their sale after the meeting of the Genl. Assembly. It was a grand scheme. It was foiled. You will see how in the sequel. I will not trouble you with the struggle of the next ten days. Wakefield's first step was to write a long message, no. 25, which the Govr. sent down to the House. This message was avowedly a defence of the Governor; really it was an attack on us. He put poor Wynyard into the miserable position of attacking his late ministers; but he really made Wynyard his tool to avenge himself. The message, 25, is a disgrace to any Governor, it contains so much that is misrepresented, so much that is absolutely untrue that we replied to it in two private memoranda as well as the public papers. I will send you these memoranda which are just now being printed. The House now found itself in a very difficult position. It did not wish indeed it did not choose to be embroiled in a quarrel with the Govr. whom it treated with great respect. But it was determined that Wakefield should not rule the Country. The moment was one of real danger. A feeble and impressible Governor. A strong reckless unprincipled intriguing Minister with all the power but none of the responsibility of office. The Waste Lands to use as a boundless means of corruption, and a dissolution threatened. There was real danger to the Colony, and I shall ever remember with the greatest pride the cautious and dignified attitude which the House assumed in the emergency. Our opponents will tell you
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our whole policy was condemned in a personal encounter--I will come to that presently. This as I now tell it you is the real history of that to us eventful time. Wakefield's daring violation of all responsible Govt, summoned the house to arms. A party was formed then for the first time and included more than two thirds of the house, 25 or 26. It met daily, it carefully considered every measure out of the House, and carried them in it. I was elected leader of the party on starting but the real leader was Sewell. In powers of work he proved himself quite unrivalled and I differed at starting somewhat from the course to be pursued. I thought they were going too far at first in talking of refusing Supplies and I thought the resolutions ultimately passed were too long. Sewell took the lead in those debates and I shall never forget the service he did this Colony on that occasion. He fought our battles well. The first thing we did was to address the Govr. to represent to him that he was breaking the law in having an unsworn adviser, and turning out of his Council his sworn advisers given him by the Crown. He replied by a message saying that he had taken the advice of his Executive Council all along. There was a discrepancy between Wakefield and the Govr. at once. But when W. was accused of what he had said in the House he denied it point blank. I assure you a perfect thrill of disgust ran through the House and Gallery at so barefaced a falsehood. We were going to reply to that Message by an address marking the falsehood, but the prorogation intervened. The next step we took was to pass the long and elaborate address you will see in the papers. It was written by Sewell and is certainly a most masterly statement of our case. The Govr. replied to it by a Prorogation. And now comes the scene of which so much has been said and such gross lies circulated. I must tell you that the Southern members had now been away from their homes for six and some from Otago seven months. They could not stay longer and it was generally understood that we must go home by the next steamer to sail in three weeks. A Prorogation therefore sweeping away all of the work of the Session, without passing Estimates although we had offered to pass them and that solely for the purpose of keeping Wakefield as a back stairs adviser--this was a most cruel measure and one which was to me to occasion the greatest indignation. But the manner in which it was done was unparallelled in low cunning and undignified illegality. It was a morning sitting and Wakefield was not in his place. I suspected something was coming from that fact. A messenger came from the Governor he was admitted and his Message read. It replied to our long address and ended by saying the Govr. intended to prorogue for a short time. The moment the speaker had done reading this message a knock came to the door and the assistant private Secretary was announced, with another message. The young fellow has actually been listening at the door till the Speaker had done the first message in order that he might enter with the second. Can you imagine a more miserable dodge. The House suspected that it was
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taken by surprise and that this second message was a prorogation. Before the Speaker could open the letter, I sprang up and moved that the House proceed to consider His Excellency's first message. A discussion then ensued as to the standing orders allowing of this course. It was then moved that the Standing Orders be suspended. On this motion six or seven members of Wakefield's party rushed to the doors, because the standing orders cannot be suspended unless there are two thirds of the members present. They hoped thus to reduce the number below two thirds. By some mistake the doors were locked for the division and some disturbance occurred but it was soon put right. [The doors] were opened the minority went away and the majority remained but still not two thirds of the House. I then rose and spoke on the question of suspending the standing orders for nearly an hour, in which time some of our party had gone out and found Featherstone and Moorhouse, and brought them in. The former from his bed where he was very ill. This raised the numbers to two thirds of the whole House, when the standing orders were suspended and we went into Committee on the Governor's message. We then passed some very strong resolutions setting out our whole case--especially noticing that we had been threatened with prorogation, Supplies never having been asked from us. In the midst of the debate which was orderly and dignified Mr Mackay a member for Nelson came in with his hat on his head, swaggering about the House. On being called to order he said we were no house. It was as much his House as ours, using at the same time the most violent gestures and striding about the House with his hat on in the most insulting manner. Just as he was passing Sewell Sewell whose feelings were 'too many for him' rushed at him and tried to push him out of the House. The door however was shut at the moment and Mackay walked down and got over the bar. The speaker was then moved into the Chair. The Chairman of Committees reported the insult and the House by resolution adjudged Mr Mackay guilty of a gross and premeditated contempt. Had a prorogation not ensued immediately he would have had to pay £20 or go to prison. We then proceeded with the debate, passed our resolutions, passed our address; and the work being done, the Speaker read the Second Message which was as we supposed a Prorogation for a fortnight. This is the real story of this monstrous event. Personally I had no share in it though I was said to have. I watched it and can positively state all the events. The question was were we prorogued at the time. We maintained not. We deny the right of the governor to prorogue by Gazette, whilst the House is sitting. It must be done we say by person or by Commission. Someone must come down and say I prorogue you and I am authorised by this Commission to prorogue you. At all events we were not prorogued till it had been communicated to us and we were in order in refusing to read the second message till we had considered the first. I deeply regret that this should have occurred yet I do really believe that nothing short of some scene[?] of determined opposition
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like this would have brought that wretched old Govt. to its senses. A recess of a fortnight then occurred, during which Wakefield retired from his position. Then came another piece of weakness and indecision in the Governor, first he sent for Monro one of our party and Monro advised him not to think of forming a ministry, to wait, get what work could be done done and wait for letters from England. Everyone thought he would do this, but two days, only two days, before the opening of the next session he sends for Forsaith one of the old Govt. party, an old nominee and asks him to form a Govt. Forsaith had recently acted with Wakefield--in private laughing at him and saying they were only using him to get what they wanted for Auckland. Forsaith forms a Govt. of which Jerningham Wakefield was one and two other members of the minority of ten which had stood by Wakefield. The constitution of such a Govt, at such a time of excitement was ridiculous. As an assertion of the principle of Ministerial responsibility it was worse than a mockery for it was obvious that it could not last an hour. I believe myself that it was another desperate scheme of Wakefield's. I think this Ministry believed that it could get the Governor to enunciate a policy and then dissolve and go to the country upon a cry. They certainly did get the Governor to announce a policy. He opened the Houses in a speech which announced something like a new Constitution for New Zealand. Indeed the various members of the Govt, each wrote a part of the speech. Auckland was to be separated from the rest of New Zealand and to have a Lieutenant Governor. That was one absurd proposal to emanate from a Governor but the worst feature was that Col Wynyard proudly announced to the assembled Houses that a bill would be proposed for transferring the Waste Lands to the Provinces and that in the meantime he intended to make regulations himself for the disposal of the Waste Lands--under the Authority of the Crown. It is hard to tell you the indignation of both Houses at hearing this Speech. It was clear that Wakefield's influence was still at work with the Governor. And that Wakefield who had actually attacked the power to make such regulations at all, in the celebrated injunction case, should now endeavour to avail himself of the same power--this all regarded as a piece of unparalleled political profligacy. We met this Govt. with a direct vote of want of confidence and they resigned. I cannot comprehend their attempt unless they thought they would get a dissolution. But they had not calculated their man; the same infirmity of will which failed us failed them. The Govr. would not dissolve--so they had to resign having been in office for three or four days. Now comes the real work of the session. And here I did the only thing which I look upon as [of] real lasting good to the Colony. I moved the first night for a return of the Royal Instructions authorising the Governor to make regulations for the disposal of the Waste Lands under the Constitution Act. I also gave notice for a Waste Lands Bill. When the Instructions were furnished would you believe it. They only empowered
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him to make such regulations during the short period that should elapse prior to the meeting of the General Assembly. So the Wakefield ministry were in the ridiculous position of making the Govr. say he would do what would have been directly illegal. Every Crown grant would have been void and invalid. I carried my Waste Lands Bill through with great trouble, and with some amendments through the Upper House. It is law. It confirms all regulations then existing, thereby making good all titles under the doubtful regulations of Sir George Grey. It grants those titles. It says those regulations may only be altered by the Governor upon the recommendation of the Supds. and Provincial Councils of each Province. Initially it gets all we want. It finally destroyed Wakefield's power of jobbing away the Waste Lands to make a party. That session we worked almost night and day and we passed some ten or twelve good laws. We voted estimates on a not illiberal scale. And now, I may venture to assert that no popular body has ever come to such a breach with the Executive under circumstances so peculiarly aggravating, and after all has separated having done so much real practical work or done it better in so short a time for I believe the whole session was under three weeks. We ended the session by a great public dinner to all parties the Attorney General attending, and all the officers of the Regt. When I look back on the Session I am far more struck with what was done under such difficult circumstances than what left undone. For the labors of the last session I can take little credit. My health absolutley forbid me from taking so prominent a part as some others. Sitting from 11 AM till 2 and 3 the next morning was a severe trial but Sewell's powers of work were literally amazing. I claim no share of the work but the Waste Lands Bill. But I must speak with pain of another feature in the last session and it is a feature which will form the most prominent one in all the future politics of New Zealand. I have spoken before of the two feelings of Centralism and Provincialism. I now turn to that of Rival Provincialism. The debates on the Estimates were in a great measure a scramble for money amongst the various Provinces. The old parties of the Wakefield party and the Constitutional party were for a time broken up and a new division arose. The Northern Island against the Southern. The great difficulty in sketching out a financial policy for New Zealand consists in the fact that certain large burdens are hanging over the Colony. The Debentures--the Land Scrip--the New Zealand Company's debt--The cost of purchasing land from the Natives. And the struggle took place on this question whether the land fund should be brought to general account or whether the Provinces should have each its Land Fund for itself. The decision was for a General Land fund Account. This of course ruins us here--and Otago and Nelson--because here we have land to sell not burdened with the cost of purchasing from the Natives whilst at Auckland and Wellington all their land must be yet purchased. However the decision was made. And I must say my Wellington friends who had supported us all through the Session
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exhibited a greediness for our Land fund which somewhat disgusted me. I beg you to bear this in mind in reading what I say in my other letter about our land policy here. The main thing which forced itself on all our minds during the debates on the Estimates was the impossibility of Estimates being properly framed except by a ministry in the house responsible for them.
I have endeavoured to give you a sketch of this to us memorable session; but there was still a battle to be fought. 'The Working Settlers or Working Men's Land' cry had gone forth and the battle had to be fought in the Country. As we went home, there were large public dinners got up at Nelson and Wellington and here we had both dinners and several meetings. The result has been that every where but at Auckland the Wakefield party has been miserably defeated. Travers has been twice beaten in Elections at Nelson--once for the Town, once for the Nelson Trustees. Sewell and Moorhouse (who stood by me well) have been returned for the Provincial Council here. Macandrew has been very partially received at Otago. Here, however, Jerningham Wakefield would have been returned had he stood but he was away at the recent Elections. I shall send you herewith in spite of the Expense a complete file of the Southern Cross; and I hope you will receive it safely. I know you consider my letters as common to all my friends who will take the trouble to read so long a scrawl.
Ever my dear Godley,
Yours most faithfully,
James Edward FitzGerald.
23 April 1855
By Steamer Nelson tomorrow
