CHAP. vii] RELATIONS OF THE HOUSES 579 
essential to maintain the balance of the constitution. He 
suggested that if a measure were thrown out in the Council 
the Ministry could appeal to the people, and if re-elected 
the Council might either yield, or a sufficient emergency 
would have arisen to justify the Governor granting ministers 
a sufficient number of nominations to bring the Upper 
House into harmony with the country. He quoted in his 
favour the recommendation of forbearance between Houses 
of Parliament in a dispatch from Lord John Russell of 
October 19, 1839, and Lord Granville’s dispatch to Lord 
Belmore of October 2, 1869, dealing with a similar question 
in New South Wales. He suggested that the strength of the 
Council should bear a fixed proportion to the House of 
Representatives, but that a clause should be inserted in an 
Act to amend the constitution giving the Governor power to 
bring the Council into harmony with the country by fresh 
appointments on the advice of ministers on an emergency. 
The decision of the Secretary of State was conveyed to the 
Governor in a telegram of the 24th of September, in which 
he advised him without hesitation to accept the advice of 
ministers, and asked him to re-open the matter and waive his 
objections. In a dispatch of September 26, 1892, he laid 
down at greater length the position. He pointed out that 
10 case of swamping really arose, as there was no question 
of overthrowing the balance of party altogether. The 
difference between the number the Governor was ready to 
appoint and the twelve asked for was too small to justify 
the Governor assuming the very serious responsibility of 
declining to act on the advice of his ministers, and possibly 
of having in consequence to find other advisers. He added— 
I have therefore dealt with the merits of the particular 
case on which my advice has been sought. But I think it 
tight to add that a question of this kind, though in itself 
of purely local importance, presents also a constitutional 
“Spect which should be considered on broad principles of 
general application. 
When questions of a constitutional character are involved, 
t is especially, I conceive, the right of the Governor fully 
! Parl. Pap., H. C. 198, 1893-4, p. 37. 
ao