158 ROYAL SOCIETY OF CANADA 



that Lieutenant-Governor Archibald had not accurately apprehended the 

 case, and that the positive conclusions he drew with respect to the mean- 

 ing of Lord Stanley's despatch of the 2()th August, 1845, as to the 

 constitution of the legislative council of Xova Scotia were not justified by 

 the facts in the former province. The two facts stand out clearly : 



1. That the remarks made by Lord Stanley,' that it was not necessary 

 to make any changes in the royal commission and instructions in fulfil- 

 ment of the pledges contained in his despatch of 11th July, 18-43, referred 

 to certain changes which he explained specifically in a later despatch ^ of 

 the 30th December, 1843, and not to a change of life tenure. 



2. That it does not appear by these despatches, as assumed by 

 Lieutenant-Governor Archibald ^ in 1SS3. that • the life tenure had been 

 introduced in the most solemn form into the constitution of the council 

 of New Brunswick," but if there were any doubt on this point it is 

 eifectually dispelled by reference to the later despatch * of Lord Stanley 

 of the 23rd August. 1844, in answer to the address of the legislative coun- 

 cil, asking for a tenure during good behaviour. 



Governor Archibald's mistake (of which much was made by corre- 

 spondents in the press during the controversy on the subject) was clearly 

 in dwelling too strongly on the action in New Brunswick, as if it were 

 conclusive as to the facts at issue in Nova Scotia; whereas the course 

 pursued in the former province had been simply mentioned by Lord 

 Stanley, in my opinion, as a precedent for changes in Nova Scotia, and 

 not as showing all that was to be done in that province, but I shall refer 

 fully to this point at a later stage of this argument, and shall not now 

 break the continuit}' of this historical narrative, which is necessarily pre- 

 cedent to the conclusions I have come to on the question at issue. 



XXX II. Leoeslativk Councillors hold during Pleasure by 

 Governor's (Jo.mmissions Subsequent to 1846. 



When we come to consult the commissions and instructions that 

 were issued to governors-general under the royal sign manual and signet, 

 subse([uent to I^ord Stanley's despatch, which, in Lieutenant-Governor 

 Archibald's opinion, made so important a change in the constitution of 

 Nova Scotia, we find that each and all made the apjiointments during 

 pleasure and provided ff>r a general power of susp(.«ision as in all previous 

 commissions and instructions for a century and a half. Jn the Earl of 

 Cathcart's commission and instructions, issued on March l(itli, 1S4(>, it is 

 specially provided that the numl»er of members of the legislative council 

 shall not exceed twenty-one in all and no other change was made in these 



' See above, paragraph xiv. 

 ■^ See above, paraf:Taph xxvii. 

 3 See above, puragrapli xxiii. 

 * See above, paragraph xxx. 



