[bourinot] CANADIAN CONSTITUTIONAL HISTORY 143 



council if lie should " tind just cause for so doing."' ' In case there should 

 be less than nine councillors residing in the jtrovince the governor was to 

 have full power to choose " as many persons as will make up the full 

 number of our said council to be nine and no more." ' The governor had 

 also "full power and authorit}", with the advice and consent of our said 

 council from tijiie to time, as need shall require, to summon and call 

 general assembly's of the Freeholders and Planters within your govern- 

 ment, according to the usage of the rest of our colonies and plantations 

 in America." And the governor was " with the advice and consent of our 

 said council and assembly or the major part of them res])ectively to have 

 full power and authority to make, constitute and ordain laws, statutes, 

 and ordinances for the public peace, welfare and good government of our 

 said province, — said laws, statutes and ordinances not to be repugnant, 

 but as near as maybe agreeable to the laws and statutes of this our King- 

 dom of Great Britain." The governor had '-a negative voice in the pass- 

 ing of all laws, statutes and ordinances.'" All such laws were subject to 

 disallowance by the imperial government. 



V. The Council from 1740-1758. 



This council exercised legislative as well as executive functions, and 

 in conjunction with the governor carried on the government of the pro- 

 vince without the assistance of an assembl}' until 1758. During these 

 nine years the council was called upon '' to make as few law'S and or- 

 dinances as possible, and to pass merely such acts as were necessary for 

 the preservation of the peace and the good order of the colony until the 

 inhabitants should be suiïîcientl}^ numerous to elect their own representa- 

 tives." "' The council, however, found it necessarj- to pass a number of 

 laws, some of which imposed duties on trade to raise a revenue. The 

 legality of their powers to pass such legislation was questioned by Chief 

 Justice Belcher, and when the matter was referred to the law oflficers of 

 the Crown of England, they gave the opinion '' that the governor and 

 council alone are not authorized by His Majesty to make laws. Till there 

 can be an assembly His Majesty has ordered'^ the government of the 

 infant colony to be pursuant to his commission and instructions, and such 

 further directions as he should give, under his sign manual, or by order- 

 in council." ^ 



YI. 8UMM0N1N0 AN AsSEMBl. Y.' 



The result of this decision was the establishment of a I'epresentative 

 assembly in 1758 on a ])lan matured by the governor-in-council and 



1 See Nova Scotia Documents for copy of coinini.s.si m, etc. 

 - Haliburton's '' History of Nova Scotia," I., 163. 



See above, paragraph iv. 

 * See N. S. Documents for all papers relating to the calling of an assembly. 

 5 See N. S. Documents, 718 et seq. 



