on his duties.' In all his communications with the imperial government, of which he is an officer, he addresses the secretary of state for the colonies, the constitutional avenue through which he must approach the sovereign. His first duty, when he enters on his duties, is to take the necessary oaths of allegiance and office before the chief justice, or any other judge of the supreme court of the dominion, and at the same time to cause his commission to be formally read.3

2

In view of the larger measure of self-government conceded to the dominion of Canada by the imperial legislation of 1867-in itself but the natural sequence of the new colonial policy inaugurated in 1840-the letters patent and instructions, which accompanied the commission given to the governor-general in 1878, have been modified and altered in certain material features. The measure of power now exercised by the government and parliament of Canada is not merely "relatively greater than that now enjoyed by other colonies of the empire, but absolutely more than had been previously intrusted to Canada itself, during the administration of any for

1 Colonial Reg. sec. 7, Col. Office List, 1883, p. 254. Todd, 90. Lord Lorne held the position for only five years. Lord Dufferin was appointed in the spring of 1872, and retired in the fall of 1878.

2 Todd, 90; Col. Reg., sec. 165, p. 265.

3 Instructions to governor-general, Can. Sess. P. 1870, No. 14. The Marquis of Lorne was sworn in on the 25th of November, 1878, in the old Province Building, Halifax, by acting Chief Justice Ritchie. Annual Register for 1878, pp. 255-7. The oath of office is given in same account of ceremonies on that occasion.

3

mer governor-general." Without entering at length into this question, it is sufficient for present purposes to notice that the governor-general is authorized, among other things, to exercise all powers lawfully belonging to the Queen, with respect to the summoning, proroguing or dissolving of parliament; to administer the oaths of allegiance and office; to transmit to the imperial government copies of all laws assented to by him or reserved for the signification of the royal assent; to administer the prerogative of pardon; to appoint all ministers of state, judges, and other public officers, and to remove or suspend them for sufficient cause. He may also appoint a deputy or deputies to exercise certain of his powers and functions. He may not leave the dominion upon any pretence whatsoever without having first obtained permission to do so through one of the principal secretaries of state. 8 In case of the death, incapacity,

5

1 The modifications in these official instruments were the result of the mission of Mr. Blake, whilst minister of justice, to England in 1876. For full information on this subject, see Todd 76, et seq., and Can. Sess., P. (1877), No. 13; also chapter on bills in Bourinot's Parliamentary Practice and Procedure. For royal commission, letters patent, and instructions to the Marquis of Lorne, Sess. P. (1879), No. 14; to Lord Monck, Sess. P. (1867-8), No. 22; also to Lord Dufferin, Can. Com. J. (1873), 85.

2 Letters-Patent, 1878, s. 5.

3 Instructions, 1878, s. 2.

4 Ib. s. 4.

5 Ib. s. 5. See Todd, 271.

6 Letters Patent, s.s. 3, 4.

7 Ib. s. 6; also B. N. Act, 1867, s. 14. See chapter vi., for appointment of deputy-governors since 1840.

8 Instructions, s. 6.

removal1 or absence from Canada of the governor-general, his powers are vested in a lieutenant-governor or adminis trator appointed by the Queen, under the royal signmanual; or, if no such appointment has been made, in the senior officer in command of the imperial troops in the dominion. The administrator must also be formally sworn, as in the case of the governor-general.'

The senior executive councillor frequently administered the government in the absence of the governorgeneral before the union of 1840.3 But whenever the lieutenant-governor was in the country, during the period in question, it was his duty to administer the government. Since 1840, in the old province of Canada, and in the dominion, the government has been administered in the absence of the governor-general by the senior officer in command of the imperial troops in accordance with the letters patent issued by the Crown."

1 It is always competent for the imperial government to remove the governors of colonies, who are appointed during pleasure. See memorable case of Governor Darling of Victoria. Eng. Com. P. 1866, vol. 50, p. 701; Todd, 99.

2 Letters-patent, s. 7. Canada Gazette, Dec. 30, 1882.

3 In 1805, when Sir R. Shore Milnes, lieutenant-governor, went to England, Mr. Dunn assumed the government as "President and Commander-in-Chief;" he was one of the judges, and an executive councillor. Christie I., 259. On the death of the Duke of Richmond, in 1819, the government devolved on Mr. Monk, as senior executive councillor. Christie III., 322.

• General Prescott on departure of Lord Dorchester in 1796, Christie I., 173; Sir R. Shore Milnes in 1799, Ib. 203; Sir F. Burton in 1824, Ib. III. 55. No such official now exists in the dominion, the functions of the present lieutenant-governors being confined to the provinces to which they are appointed.

• In 1841, Sir R. D. Jackson; 1845, Lord Cathcart; 1853, Lieut.

The constitution provides for the appointment of a council to aid and advise the representative of the sovereign in the government of Canada. This body is styled the Queen's Privy Council, and its members are chosen and may be removed at any time by the governorgeneral.' In accordance with the principles of the British constitutional system, this council represents the views of the majority of the people's representatives in parliament, and can only hold office as long as its members retain the confidence of the House of Commons. The name chosen for this important body has been borrowed from that ancient institution of England, which so long discharged the functions of advising the supreme executive of the kingdom in the government of the country." Since the revolution of 1688, the privy council of England has had no longer the direction of public affairs, though it has still an existence as an honorary body, limited in numbers, only liable to be convened on special occasions, and only in theory an assembly of state advisers. The system which has grown up in England since 1688, and which has obtained its most perfect realization during the past half century, now entrusts the practical discharge of the functions of government to a cabinet council, which is technically a committee of

3

Gen. Rowan; 1857, Sir W. Eyre; 1860, Lieut.-Gen. Williams; 1865, Lieut.-Gen. Michel; 1874, Major-Gen. O'Grady Haly; 1878, 1881-2, and 1882-3, Sir P. L. McDougall. (See Canada Gazette, Dec. 30, 1882.)

1 B. N. A. Act, 1867, s. 11.

2 Blackstone's Com. I., 229-234.

• Todd, Parl. Gov. in England, II., 52, 53.

the privy council. This cabinet is the ruling part of the ministry or administration. The term "ministry" properly includes all the ministers, but of these only a select number-usually about twelve, but liable to variation from time to time even in the same administration -constitute the inner council of the Crown and incur the higher responsibilities whilst they exercise the higher powers of government. The rest of the ministry, although closely connected with their brethren in the cabinet, occupy a secondary and subordinate position.2 In Canada, however, there is as yet no such distinction; for the term "ministry" or "cabinet has been indifferently applied to those members of the privy council who might be summoned by the governorgeneral to aid and advise him in the government of the dominion. But in the session of 1887 an act was passed with the view of initiating the English system of having political heads of departments, who will commence their official career by holding certain offices which will not necessarily give them a position in the

1 Todd II., 144. The cabinet council or ministry who hold the principal offices of state, are first sworn in as privy councillors. May II., 79, Macaulay, c. 20.

2 Taswell-Langmead, Cons. Hist., p. 679. And not only is the existence of the cabinet council unknown to the law, but the very names of the individuals who may comprise the same at any given period are never officially communicated to the public. The London Gazette announces that the Queen has been pleased to appoint certain privy councillors to fill certain high offices of state, but the fact of their having been called to seats in the cabinet council is not formally promulgated, Todd II., 144.