•fe^ %i A IMAGE EVALUATION TEST TARGET (MT-3) !.0 I.I 1.25 lllll^ 2.0 1.4 18 16 iSi.- ^m r THE POSITION OF A CONSTITUTIONAL GOVERNOR UNDER RESPONSIBLE GOVERNMENT -BY ALPHEUS TODD, Librarian of Parliament, Canada. Author of a treatise on Parliamentary Oovernment in England, dr. 1878. wwem imsim PRINTED FOR PRIVATE CIRCULATION. (^ ..-•■%-. V A CONSTITUTIONAL GOVERNOR. There are few questions to which at the present time public attention is directed, in any part of the Queen's dojuinions,— of greater moment, or of more practical importance, than to determine what are the proper functions of% Constitutional Governor under the Crown of G-reat Britain. There is, no doubt, a general impression abroad, amongst persons who have not bestowed much thought upon the matter, that the Governor of a British colony, or province, is little else than an ornamental appendage to our political system ; necessary, to fulfil certain ceremonial duties ; useful, to represent the community at large upon public occasions, or as the mouthpiece of public sentiment ; and of unquestionable service to society, in the discharge of a dignified and liberal hospitality, to be freely extended to whoever may be a suitable recipient of vice-regal favour, without dis- tinction of creed or party. But if this were all that we had a right to expect from a Governor, it would be quite insufficient to justify the pre-eminence which is attached to his office, as a Representative of the Crown. Without underrating for a moment the incalculable advantages which society and the state derive from the fulfilment of the duties above enumerated, by men in exalted positions, — assisted by the ladies of their household — such ceremonial obser- vances and festivities might, without much loss of dignity or efficiency, be assigned to Cabinet ministers, and other prominent officers of govern- ment, of adequate rank and fortune. The Governor of a British dependency, however, within the limits prescribed by his Commission, is essentially a political ofiicer : and the necessity for his oifice must be estimated according to the gravity and importance of the duties allotted to him in the body politic. If his duties in that relation are mainly formal, and his political functions of small account, the continuance of the office will be apt to be regarded as an expensive luxury, which cannot be justified by an economical people, or endured in an age which is intolerant of shams. 3= But if, on the other hand, a Constitutional Grovernor is actually invested with an authority which is eminently capable of being employed for the public good : and if he fills a place of trust, wherein he is competent, upon fitting occasions, to interpose to guard and protect the political liberties of those over whom he presides, — then it becomes the interest as well as the duty of all good citizens to respect his office, and to strengthen and uphold him in the exercise of its lawful prerogatives. The gradual but vital change which the present generation has witnessed, in the relations of Executive authority in the self-governing Colonies of the British Empire, to the people, in their local legislatures, has led to the impression that no political duties remain to be fulfilled by a Constitutional G-overnor ; save only such as are of a formal and ceremonial kind. This idea has been fostered by the assumption that the Sovereign her- self, whose Commission the Grovernor holds, has ceased to be anything but a cipher in the state, without any measure of political power. That, in fact, the Cabinet of the day is an oligarchy, exercising an uncontrolled power in the administration of public affairs ; subject only to the necessity of obtaining a majority in the popular branch of the legislature to approve their policy, and to justify their continuance in office. Such a form of Grovernment, however theoretically defensible in the abstract, in the estimation of some political thinkers, is not that of the British Constitution. The unsoundness of such an idea, and its contrariety to existing con- stitutional practice, in the Mother Country, will be readily apparent to those who take the trouble to refer to the opinions expressed by leading statesmen in Great Britain, on this subject, within the past thirty years Brougham, Grey, Russell, Derby, Gladstone and Disraeli, representative men of diverse parties, have each taken opportunity to testify to the vital and influential position which appertains to the Sovereign, in a Parlia- mentary Government. The recent publication of Martin's Life of the Prince Consort, written under Her Majesty's own auspices, has contributed largely to our know- ledge of the present practical operation of British Institutions. Apart from the attractive picture which it presents to us of the Prince himself, as a ivcstod for tho t, upon rtios of I as tho uphold on has rerning res, has d by a monial gn her- ing but ?hat, in itrollcd jcessity pprove form of in the iution. ig con- rent to eading Y years ntative le vital Parlia- ^/^ritten know- rt from If, as a zealous and accomplished foUow-labourer with the Queen, in fulhlling tho arduous duties of royalty, this book is exceedingly instructive, in tho glimpses it affords of the inner workings of the state-machine. We are all familiar with tho true doctrine of Constitutional Monarchy. We know that personal government by royal prerogative has given place to parliamentary government ; and that under our parliamentary system the personal will of the Sovereign can only find public expression through official channels, or in the performance of acts of state, which have been advised or approved by responsible ministers. But we must not lose sight of the fact, that what has been termed the Impersonality of the Crown only extends to direct acts of government : that the Sovereign is no mere automaton, or ornamental appendage to the body politic, — but is a person- age whose consent is necessary to every act of state, and who possesses full discretionary powers to deliberate and determine upon every recommenda- tion which is tendered for the royal sanction by the ministers of the Crown As every important act, — that is to uay, everything which is not ordinary official routine, but which involves a distinct policy, or would commit the Crown to a definite action, or line of conduct, which had not previously received the royal approbation, — should first be sanctioned by the Sovereign, the Crown is thereby enabled to exercise a beneficial influence, and an active supervision over the government of the empire : and an opportunity is afforded to the Sovereign for exercising that " constitutional criticism." in all affairs of state, which is the undoubted right and duty of the Crown, and which, in its operation. Lord Grey and Mr. Disraeli, amongst living statesmen, have concurred in declaring to be most salutary and efficacious. Commenting upon the exercise of these constitutional powers. Prince Albert (in a memorandum which is given in Martin's Life of the Prince, vol. 2. p. 159,) remarks that the Sovereign " should be, if possible, the best informed person in the empire, as to the progress of political events, and the current of political opinion, both at home and abroad." "Ministers change, and when they go out of office lose the means of access to the best information which they had formerly at command. The Sovereign remains, and to him this information is always open. The most patriotic Minister has to think of his party. His judgment, therefore, is often insensibly warp- ed by party considerations. Not so thQ constitutional Sovereign, who is exposed to no such disturbing agency. As the permanent head of the 6 i I nation, ho has only to oonsidor what is hont for its welfare and its honour; and his accumnlated knowledge and experience, and his calm and practised judgment, are always available in council, to the ministry for the time, without distinction of party." A constitutional ruler is, in fact, the permanent president of his own Ministry ; with liberty to share in the initiation, as well as in the maturing of public nu^asures : pro\'ided only, that he does not limit the right of his Ministers to deliberate, in private, before submitting for his approval their conclusions in council ; and that they, on their part, are equally careful to afford to their Sovereign an opportunity of exercising an independent judgment upon whatever advice they may tender for his acceptance. , In subjecting that advice to the scrutiny of a inind intent only upon promoting the public good, an. experienced and sagacious Sovereign is able (should the necessity unfortunately arise) to detect and rebuke selfish and unworthy aims, unmask the character of measures which may hav^e been prompted by party motives'rather than by a regard for the interests of the state, and exert, towards his Ministers, on the public behalf, a healthy moral suasion, capable of correcting the injurious operation of partisan or sectional influences. Should it be needful for the Sovereign to proceed to extremity, and reject the ad\ice of his Ministers, upon a particular occasion, it is for them to consider whether they will defer to the judgment of their Sovereign, or insist upon their own opinion ; and as a last resort they must decide whether they will yield the point of difference, or tender their resignations. For, in the words of Lord John Russell, a minister, in such a position, " is bound either to obey the Crown, or to leave to the Crow^n that full liberty which the Crown must possess of no longer continuing that Minister in oflftce."^ In such an emergency, of course, the personal will and opinions of the Sovereign are, for the time, apparent and predominant. But these occa- sions are of rare occurrence in the practical operation of parliamentary government. And w^hen they do happen, all possible abuse is i)revented by the necessity which then arises for the Sovereign to find other Advisers, who are willing to accept his views, and become responsible for them to * Hans. Deb. vol. 119, p. 90. honour; j^ractisod ho time, 'his own maturing hi of his ivol their areful to ependont ce. , inly upon p\ 18 ablo j;e selfish nay have interests a healthy artisan or mity, and ; for them ereign, or st decide gnat ions, sition, "is ill liberty inister in 3ns of the lese occa- amentary prevented Advisers, • them to parliament and to tho country. Should ho fail in this endeavour, then comes into operation one of those salutary checks, which the practice of the constitution has imposed upon the exorcise of the royal prerogative, and the Sovereign is compelled to abandon a line of conduct for which ho cannot find any statesmen who are willing to become responsible. Ample security is thus obtained, that no changes of administration will be effected, by the intervention of the Crown, but such as would ulti- mately commend themselves to the judgment of parliament, Moreover, it is a constitutional maxim, that whenever a change of ministry takes place, pursuant to an act of the Crown, the incoming mini- sters are responsible to parliament for the policy which occasioned, and for the acts of the Sovereign which brought about, the resignation or dis- missal of their predecessors. The right of a Sovereign to dismiss his Ministers is unquestionable ; but that right should be exercised solely in the interests of the state, and on grounds which can be justified to parliament. By the operation of this principle, the personal interference of the Sovereign in state affairs is reS' trained within reasonable limits. It is prevented from assuming an arbitrary or self-willed aspect ; and is rendered constitutional and beneficent. From the secrecy which properly enshrines the intercourse between the Crown and its advisers, it rarely happens that the opinions or conduct of the Sovereign in governmental matters become known to the public at large. Accordingly, those functions of the Crown which are most bene- ficial in their operation are apt to be undervalued ; because, whilst strictly constitutional, the]^ are hidden from the public eye. But no attentive reader of English political history, since the accession of Queen Victoria, can fail to have noted frequent instances of timely action, wise interposi- tion, or valuable suggestion upon affairs of state, which have emanated from Her most gracious Majesty, or her Consort ; and which being approved and eiidorsed by the existing Administration, have contributed largely to the promotion of the public good. In Martin's Life of Prince Albert, especially, repeated mention is made of valuable memorandums upon public questions, prepared by the Queen, or by the Prince, on her behalf, and submitted for the consideration of Ministers. These papers i > 8 were oftoii of great sorvic \ and somotimos contained the germs of prac- tical administrative reforms, which, sooner or later, were advantogeously accomplished. And this was in addition to the nnceasing- exercise, by the Sovereign, of that " constitutional criticism" over all state papers, already referred to ; and which on one memorable occasion (during " the Trent affair " in 1801,) led to the modification of terms of remonstrance addressed in a despatch to the United States Crovernment, and largely contributed to avert a threatened rupture between Great Britain and that iwwer.* These facts and considerations will enable us to estimate, aright, the important position which is occupied by the Sovereign of Great Britain, iindcr Parliajnentary Government. Let us now turn our attention to the British Colonies. The adminis- tration of public affairs in such of these Colonies as have received represen- tative institutions, was, until within the past 30 or 40 years, notoriously unsatisfactory. An irresponsible system of government prevailed therein, somewhat resembling the English method of administration, prior to the Revolution of 1088. To remedy the 'grievances engendered, in Canada, by the lack of a spirit of harmony and co-operation between the Legislative and Executive authorities ; Lord Durham was deputed, in 1838, to proceed thither as ar. Imperial High Commissioner, to inquire into affairs in British North America. In his Report, which was presented to.Parliament in the follow- ing year, his lordship recommended the introduction, into the British North American colonies, of the principle of local self-government ; in other words, the rendering of our Colonial polity, so far as was consistent with the maintenance of British connection, and of Imperial supremacy, " an image and transcript of the British Constitution." Mr. Poulett Thomson (afterwards Lord Sydenham) was sent to Canada, in the autumn of 1839, as Governor General ; and he was instructed to give effect to the principles set forth in lord Durham's Report. Lord John Russell (then Colonial Secretary) officially notified Mr. Thoms'on of the system under which he was to administer the government, in two despatches dated 14 and 10 October, 1839. These dc ^-atchcs deprecated any attemi)t to apply the principle of ministerial responsibility, to a provincial assem- * See Lord Russell's statement, in Hans. Deb. vol. 17s, p. 72. rms of prac- aiitogooufsly rciso, by tho WYH, alivady "tho Trout 30 addrosHod contributod power.* , aright, the reat Britain, 'ho admiiiis- od rcpresoii- notoriously lilod therein, prior to the tie lack of a id Executive lither as ar. fitish North II the follow- British North other words, nt with the •■, " an image it to Canada, ucted to give Lord John of the system ) despatches any attempt iicial assem- bly, to acts of the Governor which wore performed by him in obedionco to the royal instructions, or to questions of an Imperial natun^ ; as being at k'aTiamre with the allegiances due to tlu; liritisli Crown. Ihit the application of Ihis i)rinciple to questions of local concern, was approved ; and directions /^ere given to change tho tenure of office of the heads of public depart- lents in tho province, so as to admit of su<*h offices bting held by Execu- livo Councillors, who should pof^"^ess the confidence of the assembly, and jf tho removal of such persons from office " as often as any sufficient lotives of public policy might sugg« t tho expediency " thereof.'**' On 3 September, 1841, a series of Resolutions wore submitted to tho legislative Assembly of Canada, by Mr. Secretary Harrison (in amend- lent to a series proposed by Mr. llobert Baldwin,) which wore unani- lously agreed to, and which constitute, in fact. Articles of Agreement, jpon the momentous question of llesponsible Government, between the Ixocutive authority of the Crown, and the Canadian people. It was Resolved (1), that " tho Head of the Executive Government f the province being, within the limits of his government, tho Reproseii- ativo of the Sovereign, is responsible to the Imperial authority, alone ; )ut that, nevertheless, the management of our local affairs can only ba onductod by him, by and with the assistance ounsol and information, of ubordinate officers in the province." (2) " That in order to preserve, be- ween the diffoiont branches of tho provincial parlioinent, that harmony y^hich is essential to the peace, welfare and good government of tho 5|roviiice, the Chief Advisers of the Representative of the Sovereign, con- ttituting a Provincial Administration, under him, ought to be men possessed ^f the confidence of the representatives of the pooi)le ; thus affording a guarantee that the well understood wishes and interests of tho people, |vhich Our Gracious Sovereign has declared shall be the rule of the Pro- iincial Government, will, on all occasions, be fttithfully represented and |dvocatod." (3) " That the people of this province have, moreover, a right expect from such Provincial Administration, the exertion of their best deavours that the Imperial authority, within its constitutional limits, all be exercised in tho manner most consistent with their well under- ood wishes and interests." * See Canada Assembly Journals, 1841, appx. B.B. :, >- ; - ,,„,r ,. -;,.;w,ft|! !i 10 ; I A further Resolution was proposed, by Mr. Baldwin, to assert the constitutional right of the Assembly to hold the Provincial Administration responsible for using their best exertions to procure, from the Imperial authorities, that their rightful action, in matters affecting Canadian interests, •should be exercised ^ ""^h l similar regard to the wishes and interests of the Canadian people. But this Resolution, being presumably opposed to the principle of non-interference, by Colonial ministers, in matters of Imperial concern : as maintained in Lord John Russell's despatch, of 14th October, 1839 ; was, after debato, unanimously rejected. Sir Charles Bagot, and Sir Charles Metcalfe, who were Goyernors of Canada in 1842, and in 1844, severally declared their acceptance of Respon- sible Government, as embodied in the foregoing Resolutions. But, during their term of office, the system itself was imperfectly understood, and mistakes weri made, on all sides, in the application of this hitherto untried experiment in Colonial government to the practical administration of loca^ affairs. After a brief interval, during which Lord Cathcart (a military officer) was appointed Governor General, in view of the threatening aspect of out relations with the ^^uited States, the Imperial Government were impressed with the necessity for entrusting the management of affairs in CV.nada to a persop who should possess an intimate knowledge of the principles and practice of the British Constitution, some experience of the House of Commons, and a familiarity with the political questions of the d.'^y. Such an one was happily found in Lord Elgin, who was accordingly selected by- the Government of which Lord John Russell was jiremier, and Earl Grey, Colonial Secretary. Previous to his departure for Canada, in January, 1847, Earl Grey care- fully instructed the new Governor General, as to the line of conduct ho should pursue, and the means he should adopt, in order to bring into full andsuccessful operation, in British North America, the novel machinery of constitutional government. . v In Earl Grey's History of the Colonial Policy of Great Britain, during Lord John Russell's ministry, we are informed of the general tenor of thcj instructions given to Lord Elgin, and of the successful r^^sult of his policy' and conduct.=^ ^ostl lyn le b TO liew Iva )nc( rom lew '^hic ove irt s i i! See Grey'a Colonial Policy, vol. 1, pp. 20C-234. 1 ?nc] It ;o assert the ministration the Imperial ian interests, erests of the posed to the of Imperial 4th October, jrovernors of e of Respon- But, diiring erstood, and lerto untried tion of loca^ itary officer) i,spect of OUT re impressed Ce'.nada to ii inciples and le House of dry. Such selected by Earl Grrey, 1 Grey care- conduct ho ng into full achinery of Ijord Elgin'a private letters to Earl Grey, (written from Canada, and osthumously published,) afford us f^ome interesting details, and valuable Liggestions as to his methods of administration. He says therein : " I give to y ministers all constitutional support, frankly and without reserve, and e bonefit of the best advico that lean afioid them in their difficulties, return for this, I expect that they will, as far as possible, carry out my liews for the maintenance of the ccnnection with Great Britain, and the vancement of the iiiterests of the province." But, (he adds.) " I have never ncealed from them that I intend to do nothing which may prevent me om working cordially with their opponents, if they at' forced upon me "; owing my " confidence in the loyalty of all the influential parties with hich I have to deal," and being devoid of " persont^l antipathies." " A overnor General by acfing o^i these views, with tact and firmness, may oi">e to establish a moral influence in the province, which will go far to mpensate for the loss of power consequent on the surrender of patronage an Executive responsible to the local parliament." But, " incessant atchfulness, and some dexterity are requisite to prevent him from falling, I the one side into the niant of mock sovereignty, or on the other into the pirt and confusion of local factions."=^ I ■■ ■:•'■.:■ ^ ■ i* ■ . - ■ . ■ ' To the question, " whether the theory of the responsibility of provin- al Ministers to the provincial Parliament, and of the consequent duty of e Governor to remain absolutely neutral in the strife of political parties, d not a necessary tendency to -degrade his 'Office into that of a mere Rti ineant ? " Lord Elgin gave an unqualified negative. ' I have tried,' he a|id, "both systems. In Jamaica there was no responsible government, I had not half the power I have here, with my constitutional and angihg Cabinet." Even on the Yice-regal throne of India, he missed, at st something of the authority and influence which he had exercised, constitutional Governor, in Canada. This influence, however, was ^wholly moral — an influence of suasion, sympathy, and moderation, which 'tens the temper whilf it elevates the aims of local politics." t tain, during The success of Responsible Government in Canada, under the presi- enor of thc^ncy of Lord Elgin, led to its gradual introduction into the maritime his policy ^" * Walrond's Letters of Lord Elgin, pp. 40, 41. t Ibid, pp. 125^ 126. 12 I I ii ' i mil respe provinces of British North America ; and subseqaently into the five piorogui vinces of Australia, into New Zealand, Tasmania, and the Cape of Got)i3f dii Hope. like i tMe In all these Colonies the Imperial Grovernment retains only th. appointment of the Groyernor, and a veto on leQ;'islation, — (which privilege in the case of the provinces in the Canadian Dominion, are now exercise by the Governor Greneral in Council,) — and has no c6ntrol over any publi functionary, except the Governor. mtent laid In these Colonies, the G-overnor is empowered by his Instructions, d appoint and remove Members of the Executive Council, "with referent ._ ^^ to the exigencies of Eepresentative Government ; " —"it being understooi that Councillors, who have lost the confidence of the local legislature, wil tender their resignation to the Governor, or discontinue the practicai^pn exercise of their functions, in analogy with the usage prevailing in thi6||nor United Kingdom."^ g^^. ittl8 The mode in which the Governor should discharge his delegatec authority, under Responsible Government, is thus explained, in the Royal Instructions to the Earl of Dufferi», upon his appointment as Governoi General of Canada, on 22 May, 18 Y2. " If, in any case, you see sufFicieiii cause to dissent from the opinion of the major part, or of the whole oi Our Privy Council for Our Dominion, it shall be competent for you to| execute the f)owers and authorities vested, in you by Our Commission, aniH by these Our Instructions, in oi)position to such their opinion ; it being nevertheless. Our pleasure, that in every case it shall be competent to any Member of Our said Privy Council, to record at length, on the Minutes ol, Our said Council, the grounds and reasons of any advice or opinion he may i give, upon any question brought under the consideration of such Council. '. -1 5asi itis Jarr| nvi lat ] )ve: tairi I }T C [a I I J Irfe eg By another Clause in His Instructions, the Governor General is for bidden to give the Royal Assent to certain classes of Bills, therein enumer-Mg h ated ; but he must reserve the same for the consideration of the Imperial|ad ^ Government. .,_.: ,...,_^...-.,. ...,.- -:--..-..- .-^ -, ..,,.--,-.- ,,,^^,.^_^-^-,.-.-...-.,,,t,^,^r- In his Commission of appointment, the Governor General is expressly! empowered " to exercise, from time to time, as you may judge necessary | all powers lawfully belonging to Us, in respect of assembling, or pr; * Colonial Regulations, 1877, 'sections 5, and 57. isei I ins only th^ ich privileges the five pro#guing, the Senate or the House of Commons of Our said Dominion ; and Cape of Goooffl dissolving the said House of Commons ; — and "We do hereby give the e authority to the several Lieutenant Grovcrnors, for the time being, of le Provinces in Our said Dominion, v^dth rospect to the Legislative Hincils, or the Legislative or Greneral Assemblies of those Provinces, rfeectively."^ low exercisec^g '' k. ;., : .-■,'., er any publii J Further light in regard to the application of Parliamentary Grovern- nient to the Colonies of the British Empire, will be found in the Papers , l^d before the Imperial Parliament in 1860, describing the circumstances .LT_ o ' ^der which Responsible Grovernment was introduced into New Zealand, ath reierenci.W g understoocj ^islature, wili| the practical] ^ailing in th( tiis delegatet'^ in the Roya as Crovernoil see sufficien the whole ol it for you tol imission, and m; it being •etent to any e Minutes ol inion he may I ich Council. eneral is for-j rein enumer-j the Imperiiili I is expresslyj ^e necessary! ling, or prt 1856. ■■•■^v ;^ ■ "--^•. -^•" • ■ ■ -A - An Act was passed by the Imperial Parliament, in 1852, granting a presentative Constitution to New Zealand. In September, 1855, Grov- or Gore Browne communicated to the General Assembly the desire of T Majesty's Government that the colony should enjoy "the fullest :a sure of self-government which is consistent ■^/ith its al' giance to the [itish Crovfn," and that, accordingly, he would, as speedily as possible, larry out in its integrity the principle of Ministerial Responsibility ; being vinced that any other arrangements Avould be ineffective to preserve |at harmony between the legislative and the executive branches of the •vernmont, which is so essential to the successful conduct of public [airs." t ,,,,:.-:,. . •-.- A new parliament was first convened ; and in April, 1856, the Gover- |r commenced negotiations with a gentleman who was in the confidence a majority in the Assembly, on the formation of a responsible ministry. At the outset, the Governor declared his determination to maintain " a ^rfect neutrality in ail party questions." He then addressed a Minute, to [e gentleman above referred to, with an explanatory Memorandum, defin- [g his own views as to the relation which should subsist between himself |,d his responsible Advisers. This Minute states, " (1 ) In all matters under the control of the isembly, the Governor should be guided by the advice of gentlemen . „ ^ •^ ^ For Lord Dufierin'a Commission, and Instructions, see the Journals of the Commons of Canada. March, 1873. t Commons Papers, 1860, vol. 46, p. 169; M..XAM S I 14 ■ ■ ' I responsible to that body, whether it is or is not in accordance with his own j^'^** opinion on the subject in question." But, in explanation of this general W^^^ proposition, it is added, that "the Governor of course reserves to himself^, the same constitutional rights in relation to his Ministers, as are in England a, -flwter practically exercised by the Sovereign." And that he does not include in 3 the category of subjects under the control of the Assembly, any matters |||,yai affecting the Queen's prerogative, and imperial interests in general. (2.)^veri Upon all STich matters, " the Grovernor will be happy to receive the advici^ ;^ of his Executive Council ; but when he differs from them in opinion he will . $ (if they desire it) submit their views to the consideration of Her Majesty '(<^ Secretary of State ; adhering to his own until an answer is received." 1^ -n. Other questions, of purely local concern, are discussed in this Minute .1^^^'-^ which concludes by stating that "in approving appointments to vacant ^^^*^^ offices, the G-overnor will require to be assured that the gentlemen recom-^1. mended are fit and eligible for their respective situations." I These terms and conditions were severally accepted and agreed to, by^ the incoming Ministers ; with the understanding that they were open to alteration by the Colonial Secretary.''^ e ^ reeigiK In due course, the Secretary of State for the Colonies intimated tO|ij,.^ Grovernor Brown? that " after the best consideration which they could givt^j^^^^d to the subject. Her Majestj''s Grovernment approve of the principles" upoii^ cir which he proposed to administer the government of New Zealand, as tht^ill^ Ea same were defined in the Minute and Memorandum aforesaid.f which the Cd ^ The following precedents, of cases, illustrative of the present enquiry, s which have arisen in the application of Responsible Grovernment to Colonial | administration, in different parts of the Empire, may be found serviceable J E Canada. .."''' ^' '' ^ 111 1843, Sir Charles Metcalfe being Governor General of Canada, and Messrs. Lafontaiiic and Baldwin, leaders of the provincial Administi*ation, they obtained His Excellenc} ^ consent to submit to parliament some measure in relation to Secret Societies. But tli ' Bill which they brought in was found to contain clauses, to which the Governor, repeat- edly, took exception, on the ground that they were arbitrary, oppressive, and unconstitu- 1848, Ii niienta] » Commons Papers, 1860, vol. 46, pp. 228, 229. + Ibid, 481. 15 '+li Vi' wnal provisions. Nevertheless, the Bill passed through both Houses, Whereupon the - . ,iiovernor resei'ved it for the signification of Her Majesty's pleasure; determining to leave ^ . m the Imperial Government the responsibility of deciding upon the question. Ministers oiliected to this proceeding, and resigned ; one only of their numbei* remaining in office, e in Eiifflaiid t include in iter the prorogation of pai'liament, a new Administration was formed, and a dissolution of parliament ensued. In the new Assembly, the incoming Ministers were sustained ; the any mattei> H^yal Assent was withholden from the Reserved Bill, upon the advice of the Home general. (2.)(]^vernment, and His Excellency's conduct was approved, by the Secretary of State. re the advico § . . , .1, •■!* In 1858, upon the defeat of Mr. Jolm A. Macdonald's ministry, by an adverse vote inionhe will. ;: , ^ ., . , ,, ,, ,. p ., o, . ,. ^ ,.-,.-, , i4, the Legislative As.sembly upon the question oi the Seat ot Government, the Governor "" ^ (^neral (Sir Edmund Head) appointed the Brown-Dorion administration. Before the eivea. ^^1^ Ministers had taken their seats, or announced their policy, the Legislative Assembly \hi<< Miimtp ■Rl*'^®'-^ ^ Vote declaring a "Want ot Confidence in tliem.^ They then requested the vernor to dissolve parliament. His Excellency acknowledged his obligation " to deal ly with all political parties : but [he considered that] he had also a duty to perform to Queen and the people of Canada, paramount to that which he owed to any one party ; I to all parties whatsoever." He therefore declined to dissolve parliament ai this cture, for st. ted reasons, and especially because a General Election had already taken e within the year. Upon which Mr. Brown, on behalf of himself and his colleagues, igned office, and the late Administration was recalled. iits to vacant )men recom- igreed to, by' v^ere open io intimated to. y could giro ^ ciples" upoiii iland, as thei sent enquiry, it to Colonial [ serviceable. ^srs. Lafontaine is Excellency's ' (ties. But tbe vernor, repeat- md unconstitu- i From 1858 to November, 1873 (with the exception of a brief interlude from May, p2 until March, 1864) the ministry of Mr. (afterwards Sir) John A. Macdonald, con- ^ued in office. They then resigned, on the Pacific Railway charges. A narrative of circumstances attending their resignation of office, together with the despatches from Earl of Dufferin (Governor General) to the Colonial Secretary, upon the subject, |ich embrace some interesting constitutional questions, will be found in the Journals of Commons of Canada; Second Sessipn of 1873. . 7%e Maritime Provinces of British North America. , - ^ Responsible Government was introduced into Nova Scotia and New Brunbwick in M:8, during the incumbency of Earl Grey, as Colonial Secretary/'' In 1849, that experienced statesman, and able exponent of the principles of Parlia- ^ntary Government, took occasion to comment, in the House of Lords, with regret, )n a transaction which had lately taken place in Nova Scotia, wherein the ministers the provincial legislature hfid been parties to an act which had operated unfairly mrds an old public officer. The Governor (Sir John Harvey) had acquiesced in this needing; although it had given rise to great complaint in the colony, and was regarded See CommoiiB Papers, 1847-8, vol. 42, p. 49, 1 I I 111 ■ , 16 ' /■■:■■■-•■'-; by the Imperial Government as unjustifiable. "Acknowledging that, in the end, a well considered, just, n,nd temperate public opinion must govern in Nova Scotia as it does in England," Earl Grey, nevertheless, made known to the Governor his desire that all tlio correspondence in this matter should be laid before the colonial legislature, so as to afford them an opportunity of reconsidering the question. If after all, they should adhere to their own views, the Impeiial Government were not prepared, in a matter of local con cem, to o^ipose them. , In jiistification of the interposition of Her Majesty's Government under these cir- cumstances. Earl Grey informed the House of the success which had attended a simihir interposition, by himself, on a former occasion. He added, that he felt " bound to assert, that the power and influence of the Crown are by no means to be ineffective or unim- portant." Doubtless, that power "should be used, not resolutely to resist and oppose, but judiciously to check and guide the public opinion of the colonies into proper channels." His advice to Sir John Harvey had been, — " act strictly upon the principle of not identifying yourself with any one party ; but instead of this, making yourself both a mediator and a moderator between the influential of all parties. In giving, therefore, all fair and proper support to your Council, for the time being, you will carefully avoid any acts which can possibly be supposed to imply the slightest personal objection to their opponents, and also refuse to assent to auy measures which may be proposed to you by your Council which may appear to you to involve an improper exercise of the authority of the Crown, for party rather than for public objects. . i "In exercising, however, this power of refusing to sanction measures which may be Submitted to you by your Council, you must recollect that this power of opposing a check upon extreme measures, proposed by the party for the time in the government, depends entirely for its eflScacy upon its being used sparingly, and with the greatest possible dis- cretion. A refusal to accept advice tendered to you by your Council, is a legitimate ground for its members to tender to you their resignation, — a course they would doubt- less adopt should they feel that the subject on which a difference has arisen between you and themselves was one upon which public opinion would be in their favour. Should it prove to be so, concession to their views must, sooner or later, become inevitable, since it cannot be too distinctly- acknowledged that it is neither possible nor desirable to carry on the government of any of the British provinces in North America in opposition to the opinion of the inhabitants."* • In 1860, the Lieutenant Govei'nor of Nova Scotia (Lord Mulgrave,) was placed in a position somewhat analogous to that of Sir Edmund Head with the Brown-Dorion ad- ministration. After a dissolution of Parliament, his Ministers, who had liad, previously, a good working majority, found themselves much weakened, their opponents beinj,' * Ibid, p. 56i Hansard's Debates, House of Lords, March 26, 1849* I mo -i sever tqisei ia; th ISO lxc( oiine creen aTgei leu 11 I- I i I i i^ 17 tho end, a well bia as it does in ire that all tlio , so as to affor(l lould adhere to 3r of local con inder these cli- mded a similar )ound to assert, >ctive or unim- nst and oppose, 'oper channels.' principle of not ^^ourself both a ving, therefore, carefully avoid )jection to their )sed to you by ►f the authority which may hv pposing a check ment, depends it possible dis- is a legitimate would doubt- irisen between favour. Should nevitable, since rable to carry )position to the was placed in wn-Dorion ad bad, previously. )ponent8 being ^inost strong enough to turn the scale against them. Muiistera asserted, howevei*, that aiveral members of the 0})po8ition were disqualified, and tried to induce the House to unseat them, without a resort to the legal method, of trying controverted elections. This atteinpt was negatived ; and instead the House resolved that they had na confidence in t lie Ministry. Wliereupon, Ministers strongly urged upon the Governor the necessity for another dissolution of parliament, on public grounds, as well as in justice to themselves. But His E^eellency carefully reviewed their arguments, dissented from their conclusions, and de- clincid to accede to their request. He saw no " constitutional cause" for a dissolution, and deemed it to be neither expedient nor convenient that it should take place, so soon after a g«^ueral election. Accordingly, the ministry resigned. In charging the leader of the Opposition to form a new Administration, the Governor required of him a pledge, in writing, that he would grant every facility to a legal encjniry iuto the right to the contested seats ; and that parliament should not be prorogued until that riglit was determined. This pledge was given, and faithfully kept. The result of the cncjuiry into the legality of impeached electioiis, proved the alleged disqualification to be unfounded, and the members duly elected. The ex-ministers jiersevered in their att('nq)ts to obtain a dissolution of parliament ; but the Governor would not yield. The new ministry were sustained by the House, on a test vote, by a majority of four. And the (Colonial Secretary, to whom the Governor reported all his proceedings, expressed entire ap])roval of His Excellency's conduct.''" In 1855, a Prohibitory Liquor law was passed by the New Brunswick legislature. But the act proved to be wholly inoperative, and incapable of enforcement. Whereupon the liieutenant Governor (J . H. Manners Sutton), without expressing any opinion upon the i)rinciple of prohibitory legislation, sent a Memorandimi to his Ministers, in which he expressed his conviction that a continuance of the existing condition of aftairs was fraught w:.tli })eril to the best interests of .the community, and called for immediate remedy. He tben^fore suggested a dissolution of parliament, with a view to a decided expression of public opinion in favour of, or in opposition to, the Prohibitory principle. Ministera dis- sented, altogether, from His Excellency's conclusions, and would not advise a dissolution. Further corresj)ondence ensued, without a change of opinion, on either side. Finally, the Lieutenant Governor stated that as he " never contemplated a dissolution of the Assembly witliout the concurrence of Responsible advisei's," he claimed that either the Executive ^uucil should assume the responsibility for the issue of a proclamation of dissolutiin, or raat they should retire, and enable him to seek for other advisers, who would consent to this Act. As Minister still demurred, to either course, HLs Excellency directed the Prointed. In nin days, he notified then* that he had succeeded in forming a new Administration, wIk agreeing with him in the necessity for an immediate dissohition of parliament, were j)it pared to assume responsibility for the same. The Elections took place wi'.hout delay, and in less than three months aft.r tli change of ministry, an extra session of the legislature was convened. It was of vei brief duration. But, in answer to the Speech from the Throne, both Houses expressp their satLsfactiou at the Governor's judicious exercise of his constitutional powers, and ;i the promptitude with which he had had recourse to the advice of Parliament. A Bill t repeal the Prohibitoiy Liquor law was submitted to the Assembly, as a ministerit measure. It passed, by a vote of 38 to 2 ; and was agreed to by the Legislative Counci ■ without a division. Thus, both the constitutionality and the expediency of the Governor action, on this ooca.sion, were distinctly ratified, by both Houses. '•■ In April 1866, thei-e was a change of ministry in New Brunswick under the follow ing circumstances. At a General Election in 1865, the ex{)ediency of a Union of tli' British North American colonies, upon terms agreed upon at a Conference of Delegate therefrom, held in Quebec, in October 1864. was a test question ; and a large majority v members was returned opposed to this project. The Lieutenant-Governor (Mr. A. H. Gordon) was nevertheless of opinion that tlii eai-nest desii-e which the Imperial Government had expressed, in favour of the Union justified him in again recommending the question to the consideration of the local legis lature ; more es}>ecially as he believed that a vast change had recently taken place in tli public sentiment on this question. Ministers diffei*ed with the Governor in this concln sion, and objected to the course he proposed to take. They reluctantly consented, however to a less formal discussion of the Union question, with a view to discover whether sonif basis of agreement in accordance with the declared wishes of the Home Government might not be four_d. At this juncture, the Legislative Council passed an Address to tlit Queen, in favour of the projected Union, and presented the same to the Governor, for transmission to Her Majesty. In acknowledging the receipt of this Address, the Governor made use of language which his Ministers deemed to be inconsistent with their policy on thi> question. They accoi*dingly resigned ; although, at the time, they were able to command a majority in the House of Assembly. His Excellency at once formed a new Ministry, who undertook to sustain his action in the matter. A sei'ies of resolutions, condemnatory of the Address of the Legislative Council, and expressing disapproval of the Governor's conduct, were about to be proposed in the Houst of Assembly, when, upon the advice of the new Administration, the legislature was prorogued, and shortly afterwards dissolved. The ex-ministers, and their supporters, • New Brunswick Assembly Journals, 1856-7, pp. 8, 23, 88, |rho JTorw tlu; ( prov passt whic the of Si {Bir ttuth ilxeJ Init A Dail iitio to \vi gs teni[) i "tj ^ms ii>in< til 1 |irop( L § 19 •inted. In nin nistration, wIk nient, were \n< outli8 afC.r til [t was of vei 011868 express*' I powers, and lent. A Bill 18 a ministerit ^ialative Counci •f the Governoi' ider the follow . Union of tli !e of Delegate arge majority d )inion that tii' of the Union ihe local legis en place in tin in this conclii lented, however whether sonii 5 Government Address to tin Governor, for s, the Governoi ir policy ontlii^ le to command new Ministry, e Council, and d in the House legislature was eir supporters, rov<>d, without doubt, tliat tlio j^oiieml opinion of the local parlianu'iit, and of tlic coiintiy, was in favoiu' of tho couihc pursuod l»y tho Governor on thiH occa-'ion.* It is a line provt'vl), that " history is phih>S()[)liy ti'achino- hy oxjunplos." In this aspoct, tho Ibivg-oing- procodeiits will sorve a usofnl purpose. For they exhibit in ac'tion tho leading' maxims oi' Parliamentary (lovernment, as expounded in the Despatches and other olUcial papers, above cited ; which have passed between Iler Majesty's Secretary of State tind Colonial Governors, since the introdnction ol'Uesponsible Government into the Colonies, An attentive examinalion oi' these authoritative documents willennblc us to deduce from them the following' leading principles: — 1. That the position of a Constitutional Governor, towards those over whom he is set, as the Representative of tho Sovereig-n, and espe(;i»illy in 7'elation to his Ministers, is one of strict neutrality. He must manifest no bias towards any political party ; but, on the contrary, be ready to make himself a mediator and a moderator between the inlluential of all parties. And he must uniformly be actuate:^ only by a desire to promote the uoneral welfare of the province, or di^pendency of the empire, committed to his charge. 2. That a Constitutional Governor is bound to receive as his Advisers and Ministers the acknowledged leaders of that party in the State which is able, for the time being-, to command the confidence of the popular assembly ; or, in the last resort, of the people, as expressed, on appeal through their representatives in the local parliament. And it is his duty to cordiully advise and co-operate with his Ministers, in all their eflbrts for the public good.f .">. That in furtht>rance of the principle of local sell-government, and of the administration of the Executive authority in harmony with the legislative bodies, it is the duty of a Constitutional Governor to accejH the advice of his Ministers in regard to the general policy and conduct ol public affairs; and in the selection of persons to fill subordinate offices in * New Zealand Official Papers, 1873. t Sec Grey, Colonial Tolicy, vol. 1, p. 211. the 1 r v< gint boun ti re Itini *': i^th the • 8 23 rtiHtration was )n of the loon I (fovernor on ^achilii^- })y re a useful irliauioutarj icial papciN, iry of State lovonimout ; will (Mi.'ihlo [s thoso over specJ'illy in mauifest no ly to make all parties. Tomote the c'ommitiiMl lis Advisers State which he popular on appeal, s his duty heir eHbrl> nnient, and y with tht^ > accept the conduct ol c offices ill le public service ; and in the determination of all questioK subordinate to the Crovernor should attribute to him, personally, any act of] misgovernment ; his Ministers being alw^ays answerable for his acts, to the local parliament, and to the constituent body. 8. That the Go''' »rnor is personally responsible to the Imperial Government for his «^xercisc of the prerogative right of dissolving Parlia- ment : and he is bound to have regard to the general condition and welfare of the country, and not merely to the advice of his Mijiisters, in granting or refusing a dissolution. And should he deem it advisable to insist upon the dissolution of an existing parliament, contrary to the advice of his Ministers, he is not debarred from issuing the necessary orders to give eflect to his decision, because his Ministers, fm- the time being, are sustained by a majority of the local assembly : — although such an act, on the part of the Governor, should involve their resignation of office. But no Governor has a constilational right to insist upon a dissolution of parliament, under such c.Tcumstances, unless he can first obtain the services of other Advisers. who are willing to become responsible for the iwi : and unless he has reasonable grounds for believing that an appeal to the constituent body would result in an approval, by the new^ Assembly, of the policy, which in his judgment, rendered it necessary that the parliament should bo dissolved. 0. That in the ultimate determination of v^ questions wherein a Con- stitutional Governor may see fit to differ from his Ministers, the declared intention of the Queen. — that She "has no desire to maintain any system of policy among Her North American subjects which opinion condemns, — ''^' * Lord John Russell's despatch to Govemor Thomson, of U Octoljer, 183U. ■ V nil lllh ■ Mi 1 gri I be B (lO ■ ,.1)1 1 of J 25 cumstancc:^! s in office ; ) the local I umental in tgoiiij^- Mi- 1 10 prcroga- Minister ol e authority I ay bo quos- tiio hands! nd no one , any act of I lis acts, to e Imperial ing Parlia- A\d welfare 11 "TaiitinL!: insist upon vice of his > give effect tained by a pari of the )vernor has under such r Advisers, 3SS he has tue7"'t body r, which in should be rein a Con- le declared y system ol' Lcmus,— "^ a principle which is equally applicable to every self-governing Colony, and which has been lieely conceded to them all, — requires that the verdict of the people in parliamiMit must be accepted as final and conclusive : and that the Governor must be prepared to •iccept an admi^iistration who will give effect to the same ; or else, himself surrender to the Sovereign the charge with which he has been entrusted. 10. That in cpiestions of an Imperial nature, wherein the honour of the British Crown is concerned, or the general policy of the Empire is in- volved, — as, for example, in the administration, by a Crovernor, of the pi'e- rogative of mercy ; or, the reservation, under the royal instructions, of Bills, of a certain specified ckis, which had passed both houses of the local parliament, for the signification of the Queen's pleasure thereon, — it is the duty of a Crovernor to exercise the power vesced in him, in his capacity as an Imperial Officer, without limitation or restraint Nevertheless, in all such cases, a Constitutional Governor should afford to his Ministers full knowledge of the questions at issue, and an oi>portunity of tendering to him whatevcn' advice in the premises they may desire to offer : albeit the Governor is bound, by^ his Instructions, and by his obligations as an Impe- rial Oihcer, to act upon his own judgment and responsibility ; whatever maj^ be the tenor of the advice proffered to him by his Ministers. In all such cases, the responsibility of the local Ministers to the local parliament would naturally be limited. They would be responsil)le for the advice they gave, l)ut could not strictly be held accountable for their advice not having pre- vailed. For, " if it be the right and duty of the Governor to act in any case (•ontrary to the advice of his Ministers, they cannot be held responsible for his action, and should not feel themselves justified on account of it in re- tiring from the administration of public affairs."^ Bat, according to constitutional analogy, no such right should be claiiued by the Governor, except in cases wherein, under the Royal Instructions, he is bound as an Imperial officer, to act independently t)f his Ministers. If his discharge of this daty should be felt, at any time, as a grievance, either by his own Advisers or by the local Farliament, it would be a reasonable ground for remonstrance or negotiation with the Imperial Government ; but it could not, meanwhile, absolve the Governor from his obligations to the Queen, under the Ivoyal Instruction.^ It is, neverthe- * The. Colonial Secretary (Lord Carnarvon) as quoted in the Report of the Dominion Minister I of .Justice, (Mr. Blake) to Canadian Privy Council, of 22 Deconihcr, 187-). ,;f •I 26 less, supposablc, in an extre.ne case, that the local parliament might as- sume the right of punishing a Ministry, for advice given ; or of censuring them for not having resigned, if their advice had not been followed. In this connection it will be suitable to make mention of a Report from the Minister of Justice for Canada .xMr. Blake) of Sept. 5, 1870, of his mission to England, to confer with Her Majesty's Secretary of State for the Colonies, on certain public matters. In conference with the Colonial Secretary, Mr. Blake suggested certain alterations in the present te:ms of the Royal Instructions, and Commission to the Crovernor General of Canala, with a v.'ew to the application to the Dominion of Canada, of the fullest possible measure of self-government. While asserting for the Dominion, that her vast extent of territory, her acknowledge d position under the British North America Act, and her growing importance, entitled her to a larger application of the principles of constitutional freedom, than any other dependencies of the Empire, Mr. Blake expressly disclaimed any desire to weaken the rightful position of the Governor General, as the Representative of the Crown. lie admits, in this able state-paper, the Governor's " undoubted right to refuse compliance with the advice of his Ministers, whereupon the latter must either adopt and beeoine responsible for his views, or leaA'e their places to be filled by others, prepared to take that course." He also regards as " unobjectionable " the authority vested in the Governor General, by tjie Royal Instructions, which confer upon him " the full con- stitutional powers which Her Majesty, if She were ruling personally instead of through his agency, could exercise. " But he pleads for certain necessary changes in the formula of the OfFnual Instructions to the Governor of Cana- da, so as to bring them into more < omplete accord with existing constitu- tional practice ; and with the constitutional powers and relations of the (^nnvn, the Governor General, and his Council. It is gratifying to learn, that in reply to this communication. Her Majesty's Colonial Secretary, has made answer, that he " hopes to be in a position, at no distant date, to in- inform Lord Dufl'erin that he will advise an amendment of the Commission and Instructions, in general accordance with Mr. Blake's representations."^^ \l. That wliile it is objectionable in primMple. p.nd of rare occurren. t lleport of tho Attorney Ocneral of Ontario (Mr. Mowat) dated I of the same Act,) but is vested in the Governor General of the Dominion ; and is to be exercised by him pursuant to the 13th section of that Act, " by and with the advice of the Queen's Privy Council for Canada." Taking into account the powers assigned to the Provincial Legislatures, under the Act aforesaid, it is evident that they are only competent to legislate upon certain subjects of a local nature, which t an only affect pro- vincial, or at the most, Canadian interests. It is reasonable, therefore, that the tribunal which must linally determine upon the validity or expediency of provincial legislation, and upon the propriety of the allowance or dis- allowance of proA'inciiil Acts, should be the central authority of the Domin- ion Governnuuit. The exclusive jurisdiction of the CJovernor in Council upon such questions was unanswerably maintained in aKeportto the Cana- dian Privy Council by the Minister of Justice (Mr. Blake), of 22 December, 1875, which treats of Ministerial Responsibility in connection with the dis- allowance of ProA'incial Acts.f « But in deciding upon the validity or expediency of Provincial enactments, the Governor in Council has no arbitrary discretion. The decision of the Doznhiion Government upon such questions must be in conformity with the principles embodied in the British North America Act, That statute recognizes and giiarantees th(> ]>rinciple of local self- Government, in all cases within the competency of the Provincial Authori- lies : and does not contemplate any interference there^vith, except in regard to Acts which transcend the lawful bounds of provincial jurisdiction, or * Canada Sessional Pajjcrs, I860, No. Ifi. t Canada Sessional Papers, 187G, No. 11(>. f . , V' , *; :' ;, .-■.': . ' ' , 20 assort a prinriplo that mig'ht injuriously all"; t otluM- portions of the Domin- ion.* It is, indeed, a supposable case, that a, ProA'incial Act might come un- der review by the Dominion Governor in Council, which should be found to contain provisions " of an extraordinary nature and importance, " such as if the Bill had been enacted l^y the Dominion Parliament, the Grovernor, under the Royal Instructions, would be required to reserve for the siii'nifica- tion of the royal pleasure thereon. And that the Canadian Privy Council might deem it expedient to advise that this particular measure should l)e jiermitted to go into operation, contrary to the oi)inion of the G-overnor Gen- eral. Whatever proceedings the (Jovernor General might be competent to take in such a contingency, in order to vindicate his own judgment in the matter, it is obvious that, under the British North America Act, he would not be at liberty to reserve the Bill for the consideration of the Crown ; for " as the power of confirming or disallowing Provincial Acts is vested by statute in the GoA^ernor General of the Dominion, acting* under the advice of his constitutional Advisers, there is nothing in this case which gives to Her Majesty in Council any jurisdiction over this ^juestion" ; though "it is conceivable that the effect and validity of" any provincial enactment might, at some future time, " be brought before Her Majesty, on an appeal from the Canadian Courts of Justi .'e."t The foregoing considerations will materially assist us in concluding how far the rules, in which we have ventured to define the rightful position of a Colonial Governor towards his constitutional Advisers, are applicable to Lieutenant Governors of the Canadian Pro' inces. It is true that these officers are appointed by the Governor General in Council, and that they hold a les& proitiinent and important position than that of a Viceroy, a Governor, or a Lieutenant Governor, who is directly nominated by the Crown. Consequently, they are not competent to administer, by delegation, the royal prerogatives, — either of mercy or of honour. Nevertheless, the Lieutenant Governors of the Canadian pro- vinces are expressly named in the Queen's Commission appointing the * See the Memorandum of the Minister of Justi je (Sir .Tohn A. Macclonald,) of August 2(), 1873, in reference to certain Orange Incorporation Acts, passed by the Ontario Legislature ; Ontario Sessional Papers, 1874. First Session. t Opinion of the Lord President of Her Majesty's Privy Council, in a letter to the Clerk of the Privy Council, dated 13 DecemVjer, 1872. 30 Cxovernor General, and are therein empowered " to exercise, from time to time, as they may judge necessary, all powers lawfully belonging " to the Sovereign, " in respect of assembling, or proroguing, and of dissolving, the Legislative Councils, or the Legislative or General Assemblies, of those provinces, respectively."* Moreover, in all the British Colonies, every act of the Exechtive runs in the name of the Queen. Parliaments, whether federal or provincial, are opened in Her name, and ]*y Her Governors. " Legislation is carried on in Her name, — even in provinces, as in Canada, w^hich are directly subordinate to a federal Government, instead of to Imperial authority."* So that, in a modified but most real sense, even the Lieutenant Gov- ernors of the Canadian provinces are Representatives of the Crown. And inasmuch as the system of responsible government has been extended and applied to the Provincial Constitutions, within their respective spheres of action, as unreservedly as in the Dominion itself, it follows that that sys- tem ought to be carried out, in its entirety ; and that the Lieutenant Governor irhould stand in the same relation towards his Executive Council, and to- wards the local legislature, as is occupied ])y the Governor General in the Dominion, or by the Queen in the Mother Country. Under the British North America Act (section 59,) a Lieutenant Gover- nor of a province holds office during pleasure, but is not removable within five years from his appointment, " except for cause assigned, which shall be communicated to him in writing within one month after the order for his removal is made," which cause is also to be communicated, by message, to both Houses of the Dominion Parliament. This enactment establishes a direct responsibility to the Canadian Par- liament, not only for the selection of fit and proper persons to fill these impor- tant posts, but also for any needful exercise of Executive authority in re- moving a Lieutenant Governor from office, before the expiration of his term of service. Accordingly, either House of the Dominion Parliament must be re- garded as constitutionally competent to express an opinion, or to tender ad- vice to the Governor General, upon any matter arising out of the appoint- ment of a Lieutenant Governor, or his fulfilment of the duties entrusted to * Tx)rd Dufferin's Commission, in Canada Commons Journals, 28 March, 1873. See, also, the British North America Act, 1867, section 82. , ■ ;, . , ..: . , ■• . , • ■"-' c's' * Mr. Disraeli, Hans. Debates, vol. 228, p. -30, ^^ ^'i^^^^ .' *::;;V:">t-' 31 liim ; just as the Imperial Houses of Lords and Commons are competent to deliberate and adv^ise the Crown upon any question affecting the welfare of British subjects in any part of the realm : — but with this proviso, that in- asmuch, as an exclusive jurisdiction, in certain specified matters, is conferred upon the Provincial legislatures, — by the Imperial A(;t under which both the Dominion and the Provincial Constitutions are regulated, — it is alike incumbent upon the Dominion Parliament, upon the Gov^ernor General in Council, and upon the Crovernor General as an Imperial Officer, represent- ing the Crown in the Dominion, to respect and uphold the federal rights secured to the seA^eral Provinces, by that Statute, and to refrain from any encroachments thereupon, or interference therewith.=i^ In conclusion, it may not be out of place to remind those who peruse these pages, that the authority which is herein ^'indicated, is that of the ancient Monarchy of England ; not as it used to be exercised of old, by Sovereigns who claimed to be above the law, and for whose actions no one was directly accountable to Parliament : but as it has been regulated and defined by those constitutional safeguards under which the liberties of the English people were secured, at the ReA'olution of 1688. That Revolution was no uprising of the democracy, to destroy existing institutions ; it was a legal settlement of relative powers in the State, which bestowed upon the nation the inestimable advantages of a Monarchy, combined wuth the freedom, elasticity and responsibility, which appertain to a Parliamentary Government. Wherever Englishmen colonise, it is said that they carry with them the political institutions which are their birthright at home. And in con- ferring upon her Colonies Eesponsible Government, it has been the aim of the Mother Country to secure to them the stability, impartiality, and intel- ligent supervision of a Governor, responsible only to the Crown, in co- operation with an Administration responsible to the people, through their representatives. Lord Elgin, in his private correspondence, from which I have already quoted, contends earnestly for the superiority of British institutions, over those of the United States ; because of the indispensable advantages which * See the debates in the Canadian House of Commons on the New Brunswick School question, in 1872 and 1873 ; and the papers laid before parliament on that subject. And see Lord Dufferin's despatch to the Colonial Secretary, of 15th August, 1873, p. 16, Canada Official Papers. 32 accrue from the moiuuchical olcmeivt in our const itutionul system ; and the usei'ul purposes served by the Crown, notwithstanding its limited and unobtrusive functions. And he insists that " the executive and h^g'ishitive departments of the State could not })e made to work together, with a sulli- cient degree of harmony to give the maximum of strength and of mutual interdependencj', to secure freedom and the rights of minoriticvs, except under the juvsidency ol' Monarchy ; the moral inlhience of which, so long- as a nation is monarchical in its sentiments, cannot of course he measured merely by its recognized power." ^ As the Imperial Executive gradually withdraws from interference in colonial affairs, " the office of Governor tends to hecome, — in the most emphatic sense of the term, — the link which connects the Mother Country and the colony, and his influence the means by which harmony of action, ])etween the local and imperial authorities is to bo invserved." From his independent and imj)artial position, the opinion of a Governor must needs have " great weight in the Colonial Councils ; while ho is free to con- stitute himself, in an especial manner, the patron of thoso larger and higher interests, — as, of education, and of moral and material progress, in all its branches, — which, unlike the contests of party, unite instead of dividing the members of the body politic"! These wise words, which so admirably express the eminent services, to the state and to the people, which a Constitutional Governor is capable of rendering, form the closing sentences of the last official despatch which Lord Elgin wrote, on relinquishing the government of Canada ; they were dated from Quebec, on December 18, ISo-f. To the same effect, we are reminded by the Duke of Argyll, that the nomination of GoA'ernors is almost the sole remaining bond of connection between the Mother Country and colonics i)ossessing parliamei;tary institutions ; and that this tie is retained solely in the interests of the (Colonies themselves. It saves them from the evils of Presidential Elec- tions, and places over them a Governor who is above all party contests, and who represents the dignity and impartiality of the British Crown.J '* SI a * Walrond's Letters of Lord Elgin, pp. 120-124. + Ibid. pp. 126—123. i Hans. Deb. vol. 191, i). 2001. 33 Every true patriot, every friend olliiitish coiniectioii, and every loyal subje(3t of the Queen, should then cherish, respect, and uphold, the office of a Constitutional Governor, and abstain from all attempts to involve the Crown, in the person of its Representative, in a participation in the struo- gles of party warfare. A Cfovernor should never be held accountable, within the sphere of his government, for .th(« policy or conduct of publiJ affairs ; so long- as he can find Ministers who ari^ ready to assume responsi- bility for the same, to the local legislature. His jx'rsonal responsibility is due only to the supreme power, from whence his authority is derived.