A—No. 7

No. 1. copy of a DESPATCH from governor gore browse, c. b., to his grace the duke of NEWCASTLE. Government House, Auckland, New Zealand, 24th August, 1861. My Lord Duke, — I have the honor to forward copy of a resolution passed by the Legislative Council relative to the appointment of Judges of the Supreme Court, and a Memorandum upon that resolution signed by my Responsible Advisers. I should observe that Mr. Gresson was appointed to act as Judge at Canterbury, not on any formal advice of the Executive Council, but in accordance with the wishes of my Responsible Ministers: an extract from the Minutes of the Executive Council appointing him to a district is attached. After passing of the Act 1858, the Attorney-General did not think it necessary to apply to Her Majesty's Government for confirmation of Mr. Gresson's appointment, and I heard nothing further of the subject until lately. I concur with Chief Justice Arncy in thinking that the appointment of Judges ought not to be made under the advice of Responsible Ministers, and doubt it it was intended by the framers of the Act in question that the Governor should be advised on this subject by his Ministers. The advice of Responsible Ministers means honest, but not always impartial, advice. In a great country like England, no one would think of doubting the impartiality of a Judge because he had taken a prominent part in politics ; but in a small community it is otherwise, and no one who has taken a conspicuous part in local politics could bu secured agaiast imputation however little he might deserve it. It is very desirable also that Judges should be men of high standing in the Mother Country in order that they should exert a moral and social influence in the Colony, and in so doing they would confer as much good by example as by their legal acquirements. Such men are most likely to be obtained by special reference to the Secretary of State; the permanent appointment of Judges ought therefore to be placed out of the reach of advice by Ministers who are not always qualified by their antecedents to give an opinion on such a subject. The resolution passed by the Legislative Council was proposed by Chief Justice Aruey, whose speech on that subject 1 enclose, together with a reply by Mr. Sewell. the present AttorneyGeneral. I have, &c, His Grace the Duke of Newcastle, K. G., T. Gore Browne. &c, &c, &c.

No. 113. Judicial.

Resolution by Legislative Council, 13th Aug., 1861. Memorandum, Responsible Advisers, 19.h Aug., 1361. Extract Minute of Counci1.

Report of Debate, ]3-.h Aug., IjJCI.

Enclosure 1 in No. 1. MEMORANDUM. FOX HIS EXCELLENCY RELATIVE TO THE APPOINTMENT OF JUDGES. The resolution of the Legislative Council proceeds upon a misapprehension of the relations between the Government and His Excellency's Responsible Advisers in the matter of the appointment of Judges of the Supreme Court. Mr. Secretary Labouehere's Despatch of the 19lh December, 1806, lays down with great clearness the true principle. In Colonies where Responsible Government is established, the selection of individuals for the office of Judge is subject to the ordinary rule. His Excellency's Responsible Advisers would, in my opinion, be entitled and bound to advise His Excellency upon such a question, and I .apprehend that under ordinary circumstances His Excellency would act on their advice as in other matters. I do not think the Government ought to surrender that right, or to relieve themselves from that responsibility. The true interests of the Colony are not likely to be consulted by devolving the nomination of Judges upon irresponsible individuals out of and unconnected with the Colony, however high in station and character. If His Excellency's Responsible Advisers should be satisfied that any particular individual possesses the requisite qualification for the judicial office, it is in my opinion their duty to tender advice on that point to His Excellency, in accordance with their own judgment, without recourse to a Judge in England. Except in such a case and as a general rule, 1 think the practice of advising with some Judge or Judges in England or Ireland on the subject of appointments to the

PAPEES RELATIVE TO THE APPOINTMENT OE JUDGES OF THE SUPREME COURT OF NEW ZEALAND.