JHAP. IV] THE GOVERNOR AS HEAD 217 
met and given a definitive and final decision upon their 
merits ; for the House of Commons is the legitimate organ 
of the people, whose opinions cannot be constitutionally 
ascertained except through their representatives in Parlia- 
ment. It is necessary, however, and according to precedent, 
that, under such circumstances, the new Parliament should 
be called together without delay.’ 
And on page 513 :(— 
‘For, notwithstanding their resignations, the outgoing 
Ministers are bound to conduct the ordinary business of 
Parliament and of the country so long as they retain the 
seals of office. They continue, moreover, in full possession of 
their official authority and functions, and must meet and incur 
the full responsibility of all public transactions until their 
successors have kissed hands upon their acceptance of office.’ 
And on page 514 :— 
It was always the practice to fill up vacancies. Peerages 
promised by a Minister’s predecessors in office had been 
granted, though no instrument had been signed or sealed on 
the subiect.’ 
In 1858, Lord Palmerston, after his tender of resignation, 
and before his successor was appointed, allotted three of 
the highest honours of the Crown—three Garters—which 
were then unappropriated, to three eminent noblemen, his 
friends and supporters. And in 1866, upon the dissolution 
of the second Russell Ministry, an office was filled up by 
that Government which did not become vacant until two 
days after their resignation had been tendered to Her 
Majesty. The interference of Parliament with the exercise 
of the prerogative under such circumstances has never taken 
place, and would only be justifiable under circumstances of 
a flagrant character.’ 
And on page 515 :— 
‘The Disraeli Ministry (after its defeat in 1868) appointed 
the Earl of Mayo to be Governor-General of India ; but this 
appointment, though severely criticized by the Liberal press, 
was unquestioned in Parliament.’ 
In 1852 Lord Derby took office with a minority. The new 
Ministers were defeated in the House by 234 to 146, and 
dissolved on July lst, 1852. They were beaten at the elec- 
tions; but summoned Parliament, and did not resign until 
defeated—305 to 286—on the Budget. 
In 1859 Lord Derby dissolved on April 19th, and Ministers 
were defeated at the polls by 350 to 302, but they met