[boukinot] CANADIAN CONSTITUTIONAL HISTORY 147 



XIV. Separation of the Execittivk and the Legislative 



]*oWERS OF THE ("oUNCIL. 



The result of the agitation was a separation of the executive and 

 legislative powers of the council. An executive council was hencefortli 

 to be appointed as well as a legislative council, though it was in the 

 power of the (*rown to allow members of the former to sit in the latter — 

 a power that has always been exercised to a greater or less extent. 

 These changes were etfected by the authority of the Ch'own alone. 

 Members of both executive and legislative councils continued to hold 

 their seats at the pleasure of the Crown. 



XY. Eespoxsible Government Establishei). 



While \avge concessions were made to the demands of the popular 

 2)arty by the changes in the constitution of the council, by giving com- 

 plete control to the people's representatives over the finances and taxes, 

 and by increasing the responsibility of the executive councillors to the 

 assembly, it took some years before the principles of ministerial respon- 

 sibility were established on a firm and durable basis. Indeed it was not 

 until 1848, when Lord Elgin Ijecame governor-general of all British 

 North America that free parliamentary government can be said to be 

 established beyond dispute.^ Xo act of parliament was necessary to 

 effect the important change that took place in the government of the 

 province from 1838 to 1848. It was impossible indeed to reduce into the 

 form of a positive enactment the constitutional principles— in other words 

 the conventions, understandings and usages that underlie and make up 

 responsible government. The governors received from time to time the 

 instructions necessary to carry out the new system In all its entirety, as 

 a result of Lord Durham's important mission to Canada.^ 



XVI. Tenure of the Office of Legislative Coincil since 1838. 



The instructions in 1838 to the Earl of Durham, " governor in chief, in 

 and over our province of Nova Scotia, or in his absence to the lieutenant- 

 governor or officer administeiing the government of the said province " 

 for the time being, provided for an executive council and a legislative 

 council " hereafter to consist of such and so many members as shall for 

 that purpose be nominated and appointed l)y us, under our royal sign 

 manual and signet, or shall be provisionally apjiointed by you the said 

 John George Earl of Durham, until our pleasure thei-eon shall be known." 

 The number of executive councillors was not to exceed nine, and the 

 number of legislative councillors residing in the province was not to ex- 



' See Bourinot's " Manual of Constitutional History," p. 9. 

 2 See next paragraph. 



