[boukinot] CANADIAN CONSTITUTIONAL HISTORY 1S5 



'• On proceediui'' to (.'xecvite tlie intention which 1 liad thus announc- 

 ed, aided by your two hist mentioned despatches, it has been gratifying 

 to me to discovei: that it will be practicable to fultil the pledges contained 

 in my despatch of the 11th of July, without incurring the inconvenience 

 of introducing any change in the royal commission and standing 

 instructions, under which you are acting. 



1. '• The tirst change to be made is that of increasing, from fifteen to 

 twenty-one, the total number of the members of the legislative council. 

 In exercise of the power reserved to Her Majesty by the royal commission, 

 the Queen has partially- ertected this alteration, by is.suing, under the 

 royal sign manual, the four accompanying Avarrants for the appointment 

 of four of the additional councillors. 



2. •■ The rule, that of the twenty-one members of the legislative 

 council, seven only should be persons holding office at the pleasure of the 

 Crown, being a rule in restraint of the royal prerogative, and obligatory 

 to the Crown itself, is as fully established, and is as binding when laid 

 down in Her Majesty's name, in pursuance of the commands which the 

 Queen has been pleased to lay on me for that purpose, as if it were incor- 

 porated in the royal instructions. 



3. '• That the quorum should be fixed at eight, is a rule, the 

 repetition of which would be superfluous, as it is already to be found in 

 the royal commission. 



■4. '• As the commission already authorizes you. on sufficient cause, to 

 suspend any member of the legislative council, and as they all hold their 

 offices at the Queen's pleasui-e, the principle that every seat shall be 

 vacated on proof that the holder has become bankrupt or insolvent, or a 

 public defaulter, or guilty of any infamous crime, is a rule which, without 

 any change in that commission, may be effectuallj- established. If any 

 such case should aiise. you will immediately exercise the power of 

 suspension already vested in j'ou, nor will the Queen hesitate to confirm 

 any such suspension, bj' the final removal of the person affected by it, if 

 the fact on which your original o^ler may proceed, shall be substantiated. 



5. "The last change contemplated in my despatch of the 11th of 

 Jul}', regards the effect of the unauthorized or protracted absence of 

 members of the legislative council. On referring to your present in- 

 structions, you will however see that all that is necessary for securing 

 this object is close adherence to the provisions of them. 



•• Whenever a change in the office of governor-general ma}' render 

 indispensable the issuing of a new commission and instructions, care will 

 be taken that they should be framed in strict accordance with the views 

 and intentions explained in my present despatch, and in that of the llth 

 of July. In the meantime you will find that there is nothing in the 

 existing commission and in.structions which could in any degree obstruct 

 or interfere with the complete fulfilment of Her Majesty's gracious 



