1S2 ROYAL SOCIETY OF CANADA 



dopartiiient in the iicw j^-ovorninent led liy Lord .lohn Jviissell. avIio IukI 

 sueeeeded Sir Eol)ert Peel. In Mr. (Ihidstone's an.swer ' to Lt)rd Falk- 

 land, under date of the 4lh May. 1S4(). he eominence.s by simply aekiiow- 

 ledii-in»; the reeei|)t of the despateh inclosing ''certain resolutions 

 adopted on the lOth March last, by the legislative council of Nova 

 Scotia, expressive of their satistaction at the changes ^vhich Her Majesty 

 ihas been pleased to sanction in the constitution of that house." He then 

 ;goes on to sny that '• provision had been made in the commission to Karl 

 Cathcart, as governoi- of Nova Scotia, for increasing the number of 

 members of the legislative council of that pi-ovince from lô to 21 ;" but 

 it was not "deemed necessary to insert in the royal instructions the rule 

 restricting the number of councillors holding office," but the lieutenant- 

 rgovernor was required in accordance with the intention of Mv. (Jlad- 

 fitone's predecessor, Lord Stanle}'' — as stated in his despatch of August 

 20th. given above — -'to observe the practice which subsists in the neigh- 

 bouring province of New Brunswick." and from his recommendations 

 '•in con formit}' with the Queen's commands, that henceforth of the 21 

 memliers of the legislative council, 7 only shall be persons holding office 

 at the pleasure of the Crown." With respect " to the vacating of seats 

 at the legislative council," Mr. (rla<lstone had only to state "that if any 

 monber of that board, ]ilaced in the position described in my ])redeces- 

 sor's despatch of the 20th August. 1845,- shall not voluntarily resign his 

 office" the lieutenant-governor would " consider it his duty to resort to 

 the measure of suspension." 



XXIII. TiT.-GoVEH.\01i AhCIIIISAI.D's Co.XCMSroNS KKo:\l JjOKl) 



St.vnlev.s Despatch as to the Like Teni:ke of a 

 Législative ( 'oinoi li-ok. 



1 have dwelt at length on this despatch of Lord Stanley of the 2()th 

 August. 1845. because of the importance given to it b}' Lieutenant- 

 •Governor Archibald in ISR;]. when he laid his views with respect to the 

 tenure of legislative councillors before the legislative council of Nova 

 Scotia. He drew the conclusion-' that this des])atch. taken in conjunction 

 with that of Mr. (lladstone. " enlarged the tenure of a seat of a legislative 

 ■councillor from l)eing one of pleasure to that of life, subject only to be 

 •defeated by the occuri-ence of one of the events specitied in the despatch 

 :and resolutions.-' 'This matter." he added, " was much in the nature of 

 a compact between the Crown and the council, and the faith of the 

 Crown was finally pledged to the enlarged tenure." Clovernor Archil)ald, 

 in cominif to the conclusion, was largely influenced by the action which 

 was taken in New Brunswick and on which Lord Stanley dwelt as form- 



1 See Nova Scotia Leg. Jour., 1847, App. 4, p. 15. 



- See above, paragrapli.s xix., xx. 



3 See Leg. C. Jour., 1.SH3, pp. 104-111. 



