CHAP. 1] ORIGIN AND HISTORY 5
under the royal prerogative to create a legislature in a settled
Colony : before that date, from 1713 the Government had
been administered and legislation carried by a Governor
or Lieutenant-Governor, with the aid of a Council which
was at once a legislative and an executive body, but the
creation of an Assembly followed upon the realization of
the fact by the Imperial Government, on the advice of the
law officers, that the legislative power of the Crown in
the Province could probably not legally be exercised unless
an Assembly was summoned. The island of Prince Edward,
once part of the Province of Nova Scotia, was given a
Separate Lieutenant-Governor and a Council with executive
and legislative functions in 1769, and for the same reasons
as in the case of Nova Scotia itself an Assembly was called
into being and met in 1773.1 In 1784 the Province of New
Brunswick was created with a Council which, as usual,
united legislative and executive functions and an Assembly.
In both these cases the authority upon which the constitution
was based was the power of the Crown to summon miniature
Parliaments in the Colonies. Responsible government in
all three followed the creation of it in Canada, and was
fully established in Nova Scotia and New Brunswick in 1848
and in Prince Edward Island in 1850-1.
In the case of the territories which now constitute the
Province of British Columbia, and which were long in
the hands of the Hudson’s Bay Company, Vancouver Island
Was created as a Crown Colony with a nominee legislature
in the year 1849, but in 1856 an Assembly was called, despite
the insignificant population of the island. In 18583 the
territory on the mainland known as New Caledonia was
made into a Crown Colony, in consequence of the influx
of inhabitants thither as a result of the discoveries of
gold. In 18664 the mainland and the island were united
under the single title of British Columbia, and a legislature
of the usual non-representative type was created. But,
* Houston, op. cit. p- 21; Canada Sess. Pap., 1883, No. 70, p. 47.
* Houston, op. cit., Pp. 22; Canada Sess. Pap., 1883, No. 70, p. 2.
' 21 & 22 Viet, ¢. 99. 4 299 & 30 Vict. c. 67.