[bourinot] CANADIAN CONSTITUTIONAL HISTORY 161 



Scotia in eonuection with a case of bankruptcy.' The committee found, 

 on inve.stig-ation into the facts that one of the councilloi'S — James S. 

 Macdonald — was a bankrupt and reported it as in their opinion " im- 

 l^roper that anj^ niember of this house, being an insolvent or a defaulter,, 

 should be permitted to retain or occupy a seat in the legislative council 

 of this province unless authorized so to do by law." The matter was 

 referred to counsel learned in the law before final action was taken on 

 the report, and two eminent gentlemen, J. N. Eitchie and Walter Graham, 

 Esquires, Queen's counsel, at jjresent on the bench of the Supreme Court 

 of the province, gave it as their opinion that Mr. Macdonald could be 

 dismissed by the lieutenant-governor, since he, like all other members of 

 the same body, held otfice " during pleasure " only. In their memoran- 

 dum on the subject they referred to Lord Stanley's despatch^ of 20th- 

 August, 1845, which they say " was a reply to a petition from the 

 legislative council to Her Majesty, asking, among other things, that the 

 councillors hold office during life" — a mistalce as respects the petition, 

 or, more accurately speaking, address of the council, which, as I have ■ 

 already shown,' did not ask for such a change of tenure in precise words. 

 The counsel then go on to refer to the fact that Her Majest}' was- 

 pleased to assent to the " petition," and cite the resolutions passed by the ■ 

 council in 184(5,* ••concurring in the necessity and propriety of the con- 

 ditions attached to a concession of tenure for life to its members," as set 

 forth in those resolutions. The learned counsel, however, w-hile appear- 

 ing to agree that a question of life tenure was under consideration in 1845-46, 

 and the change was assented to by the despatch of 20th August, 1845, 

 came to the conclusion, after reference to commissions issued to governors, 

 that '• it is evident that subsequent to 1846 the legislative councillort* 

 were appointed during pleasure only," and could be dismissed by the 

 lieutenant-governor. In accordance with their recommendation the- 

 whole matter of the insolvency of Mr. Macdonald was referred to the 

 lieutenant-governor, who subsequently gave his views at length on the 

 tenure of the office of a legislative councillor, as I have already ^ shown ■ 

 above. In reply, however, to the address of the council calling his 

 attention to a special case of insolvency, the lieutenant-governor stated 

 that " having taken the steps which, in my judgment seemed best to 

 carry out the desire of the council, Mr. Macdonald has forwarded to me a 

 written resignation of his seat, and that I have duly accepted such resig- 

 nation ; and consequently he is no longer a member of the legislative 

 council."*' The course followed by Lieutenant-Governor Archibald in 



1 See Leg. Jour., 1883, pp. 10-12. 

 ■^ See above, paragraphs xix., xx. 

 •* See above, paragraph xviii. 

 * See above, paragraph xxi. 

 •' See above, paragraph xxiii. 

 « Leg. Jour. 1883, p. 34. 



Sec. II., 1896. 11. 



