164 ROYAL SOCIETY OF CANADA 



could give legal ettect tu the rinding lUKlerthe constitutional power vested 

 in liim as the re])resentative of the Crown. Lieutenant-Governor Archi- 

 bald ai)i>eared to think that "the council in the case referred to might 

 and perhaps ought to have made the declaration of vacancy which 

 naturally followed the rinding of the facts." No such power as vacating 

 a seat, however, has ever been given to the council, even supposing^ 

 Lieutenant-Governor Archibald's interpretation of Lord Stanley's de- 

 S])atch of August 20th, 1845, to be correct; the Ci'own reserved to itself 

 alone the right to suspend or dismiss, as Mr. Gladstone's and Lord 

 Stanley's despatches, as well as the commissions and insti-uctions of the 

 governoi-s, show bevond dispute.' 



XXXVL Conclusion : Principles deduced from Historical 



Eeview', 



Having brought this historical review down to the latest date, I can 

 now proceed to state the ojiinions I have formed from the commissions 

 and instructions to different governors that specially relate to the legis- 

 lative council. One thing is clear, that from 1719 to 1861 — from Gover- 

 nor Phillips until Governor-General Monck, whose commission and in- 

 structions held good until 1867 — the legislative councillors, as well as 

 executive councillors, held office during the pleasure of the Crown. But 

 while this is no doubt the strictly legal and technical interpretation to be 

 given to the commission and instructions, it is necessary to consider that 

 the constitution of England and of all her dependencies is largely gov- 

 erned by conventions, understandings and usages which may not be law 

 in an exact technical sen.se, but which, nevertheless, have the force of law 

 in the operation of the system we possess. In coming to any conclusion 

 with respect to the tenure of office of legislative councillor, these usages 

 and understandings must have weight, and. therefore, I shall endeavour 

 to deduce 1,he ]>rinciples that seem w^ell established. 



From I7l!i until 1867 thei-e were three w-ell defined periods in the 

 constitutional history of the province. 



1. From 1719 until 1758. when the governor and council, with execu- 

 tive and legislative powers, alone carried on the government. 



2. From 1758 until 1838, when the government was in the hands of 

 a governor, a council with legislative and executive functions, and 

 assembly elected by the people. 



3. From 1838 until 1867, when the government was entrusted to a 

 governor, an executive council, a legislative council, an assembly, and the 

 province obtained the conc-ession of responsible government. 



During thefiretand second epochs or periods, when the council had both 

 legislative and executive functions, and the government was controlled by 



J See above, paragraph xxxii. 



