40 THE ROYAL SOCIETY OF CANADA 



Territories "by Commission under the Great Seal of Canada," and 

 the original Act for the Temporary Government had provided, as already 

 noticed, for a "Council of not exceeding fifteen nor less than seven 

 persons." Some grotesque perversity of fate, however, still seemed 

 to pursue the affairs of Canada in the West, for Lieutenant-Governor 

 Archibald waited in vain for his "books and papers, despatched from 

 Ottawa on the 6th August." As late as November, 1870, they "had 

 never reached this place, and in all Manitoba not a single copy of the 

 Acts of 1869 was to be found." The Lieutenant-Governor appointed 

 a Council of three and issued his first ordinance on October 22, 1870, 

 only to find that he had " been all wrong and . . . exercising functions 

 belonging to the Governor-General." "One lesson I shall learn," he 

 observed, "never again ... to assume to act under a Statute on 

 a mere vague recollection of its terms." 



The prosaic records of government and legislation in the Minutes 

 of the North-West Council contain much, nevertheless, of constitutional 

 interest. The oath of secrecy was restricted to the "Executive 

 Functions of the said Council to the exclusion of those of a Legislative 

 character." "^ In its legislative capacity the Council took for granted 

 the prerogative powers of the Crown in the Lieutenant-Governor and 

 proceeded to act with all the assurance of accredited legislators for 

 a new and thriving community. Appointed by the original Act for 

 the Temporary Government merely to "aid the Lieutenant-Governor 

 in the administration of affairs," ^ they were entrusted by the 

 Act of 1875^ with the duties of "advice and consent" which have 

 always foreshadowed the historic development towards self-govern- 

 ment. The Council became from the first not the recipients of special 

 privileges but the exponents of local interests and rights as against 

 the delinquencies of federal control. As such they had more than 

 one occasion to protest against the ruinous delays of a distant ad- 

 ministration. Matters of "urgent importance" were "permitted to 

 remain altogether unnoticed for a period of six months." On 

 December 4, 1874, the Council regretted that the Dominion Govern- 

 ment had 



"not been pleased to communicate their approval or disapproval 

 of the legislation and many resolutions adopted by Council at 

 their Meetings held on the 4th, 8th, 11th and 13th of September, 

 1873, March 11th, 12th, 14th, 16th, 1874, and June 1st and 



^Oliver, The Canadian North-West, p. 987; Canada Gazette, Nov. 15, 1873. 

 *"With such powers as may be from time to time conferred upon them by 

 Order-in-Council," 32 and 33 Vic, c. 3, s. 4. 



"Section 7. • • 



