[bourinot] CANADIAN CONSTITUTIONAL HISTORY 1S7 



•■ We beg humbly to represent that the weight uikI influence of the 

 legislative council as an indej)en(lent branch of the legishiture, mainly 

 depend upon its character for stability in the ej-es of the country, and 

 that it would be highly desirable that the tenure of* office of the members 

 of the legislative council should be during good behaviour, and should 

 also be subject to the same disqualifications and mode of vacating the 

 seats of the members by reason thereof, as are prescribed for the legis- 

 lative council of Canada by the imperial parli-ament. 



" We therefore earnesth^ implore Your Majesty's benign and favour- 

 able consideration of the subject, and that Your Majesty will be 

 graciously pleased to adopt such measures as will secure to this branch 

 of the legislature those rights and privileges, so essential to the perfection 

 of the colonial constitution of Your Majestj^'s loyal province of Xew 

 Brunswick." 



XXX. Answer of Lord Stanley Eepusing the Change Suggested, 

 Life Tenure or Good Behaviour. 



In this address, the prayer was for a tenure during good behaviour, 

 or in other words, constitutionally for life,^ as in the cases of judges in 

 England and in all dependencies of the Crown. In his reply of the 23rd 

 of August, 1844, Lord Stanley says : 



" I have laid before the Queen the address of the mem).)ers of the 

 legislative council of New Brunswick, (inclosed in your despatch of the 

 16th of last April, ) recommending that their tenure of office should be 

 during good behaviour ; and that they should be subject to the same 

 disqualifications and mode of vacating their seats as have been prescribed 

 for the legislative council of Canada by the imperial parliament. 



" Having maturely weighed this address, and the despatches noted 

 in the margin, which you have addressed to me in reference to it, I have 

 to acquaint you that the grounds for effecting such a change in the con- 

 stitution of this branch of the legislature, as is desired, have not appeared 

 to me to be sufficient to justify me in advising the Queen to accede to the 

 wishes of the legislative council. 



" I have accordingly to instruct you to inform the legislative council 

 of New Brunswick, that though Her Majesty was pleased to receive their 

 address very graciously, Her Majesty has not given me any commands 

 in respect to it." 



XXXI. Inference to be Drawn prom the History of New 

 Brunswick in this Case. 



This summary of the history of the changes in the constitution of 

 the legislative council of New Brunswick in 1843-4 makes it quite clear 



1 " Appointments made during; good behaviour create a life interest in tlie office, 

 unless .specifically made for a term of years." Anson's " Law and Custom of the 

 Constitution," II., 201. 



