[liouRiNOi] CANADIAN CONSTITUTIONAL HISTORY 171 



legislative luiu-tioiis co-ordinute with those of the assembly except as 

 respects bills of revenue, expenditure and taxation, which it could not 

 initiate or amend thouii-h it might reject them. 



(c) That in granting that constitution, and in conceding legislative 

 rights to the people in 1758, the Sovereign gave up his rights to legis- 

 late directly by i)rerogative, and the Crown in parliament, as the supreme 

 legislative authority of the Empire, could alone legislate for the province- 

 as for other dependencies of the Empire, in matters of imperial concern 

 and necessity. 



{d} That the rights of legislation conceded to Nova Scotia were given 

 to three branches, and not to one alone, and that the legislative council 

 as a whole had absolute rights and responsibilities as a part of the legis- 

 lative framework, and its place in that structure should not be disturbed 

 by any arbitrary exercise of the royal prerogative. It is a question 

 whether at any time after 1758 the Crown could constitutionally legislate 

 it away as a whole body by the mere exercise of the royal prerogative, 

 though it might increase and limit its membership and regulate the tenure 

 of office, since a total abolition would seem to be an infringement of the 

 constitution conceded to Canada in 1758. The Crown in parliament 

 could alone susjiend or legislate away the constitution of the province, 

 after the Crown had once conceded the right of legislation and self-govern- 

 ment by three branches, as was done in the case of Lower Canada in 

 1838 and proposed by Lord Melbourne in the case of Jamaica in 1839. 



{e) That while the Crown had not given up its theoretical right to 

 appoint members of the council only during pleasure, it had by agree- 

 ment and usage for man}' years previous to 1867 practically yielded its 

 right, and conceded a tenure for life, subject to certain rules and con- 

 ditions as set forth in the despatch of 20th August, 1845. 



(/) That consequently, in the opinion of the w'riter, the constitution 

 of the council up to 1867 was unalterable except by the authority of the 

 Crow^i in parliament, and its individual members were subject to 

 certain conditions accompanying a tenure during good behaviour for 

 life. 



(g) That since 1867 the constitution of the council remains as just 

 set forth, subject to such amendments and alterations as have been made 

 by the statutory authority vested by the British North America Act of 

 1867 in the legislature of the province. 



(h) That the lieutenant-governor of the province, as representing 

 the Crown, may suspend or dismiss a legislative councillor, who falls 

 within the conditions of the despatch^ of August 20th, 1845, but he has 

 no power to interfere with the constitution of the legislative council as a 

 whole, or by the cancelling of the commissions and consequent dis- 

 missal of members, one by one, to abolish the body, as that would be 



1 See above, paragraphs xix., xx. , 



