[i!OUR[NoT] CANADIAN CONSTITUTIONA L IIISTOIIY 163 



the «governors under instructions from tlic imperial g-overnment, tlic Crown 

 imposed limitations on the powers of the governors with respect to its 

 council. Suspension or dismissal could not be arbitrary or without 

 cause. Ln all cases the (Jrown required a report of reasons of suspension 

 or dismissal. In Governor Durham's instructions, as late as 1833, as well 

 as in (Tovernor Wilmot's, as early as 1764, it is ordei'ed that the governor 

 is "neither to augment nor diminish the number of our said council as it 

 is at ])resent established, nor to suspend any of the members thereof 

 without good and sufficient cause, nor without the consent of the major- 

 ity of our said council.'' ' In a special case of suspension, where the rea- 

 sons could not be communicated to the council, those reasons also should 

 be laid before the Crown for its approval or disapproval. These are 

 limitations of the power of the governor to prevent arbitrary and unjust 

 dismissals. A high authority,^ writing in 1783 of the constitutions of the 

 American colonies, states the rule in these words : *' Every member of 

 the council is appointed during His Majesty's pleasure only ; and, with 

 the consent of the council, may be suspended by the govenior for misbe- 

 haviour." "We find no examples during these periods of wholesale dis- 

 missals or suspensions, but the Crown appears to have treated the office 

 as one practically during good behaviour. The power of suspension or 

 dismis.sal was in reserve, but only exercised for good and sufficient cause — 

 misconduct, misbehaviour, or non-attendance on duties. The latter cause 

 was a disqualitication in all cases, from 1719 until the present time. The 

 Crown, as in the case of all public servants holding office during pleasure, 

 give value and importance to the office by giving it by custom a certain 

 stability. In Loi'd John Eu.ssell's famous despatch of October, 1839,'' 

 which led the waj^ to responsible government, since it laid down the 

 principle that various political offices should be vacated on certain politi- 

 cal conditions, we find it expressly laid down : "I cannot learn that dur- 

 ing the present or the two last reigns a single instance has occurred of a 

 change in the subordinate or colonial officers, except in case of death or 

 resignation, incapacity or misconduct.'' Thus, he wcmt on to say, the 

 system had grown up "of converting a tenure at pleasure into a tenure 

 for life." Thereafter, however, he points out, "the tenure of colonial 

 offices held during Her Majesty's pleasure will not be regarded as equi- 

 valent to a tenure during good behaviour'' in the case of officers whose 

 duties involve the " character and policy of the government." He refers 

 especially to the executive council, " especiallj" in those colonies in which 

 the legislative and executive councils are distinct bodies." In other 

 woi'ds, he distinguished the legislative from the executive council as con- 



' See above, paragraph xi. 



- Stokes'.s " Const, of Brit. Colonies in N. A.," p. 241. 



•' See Can. Sess. Paper.s, LS8;i, No. 70 ; Bourinot's Const. Hist., p. 38. 



