1408 THE JUDICIARY [PART VI 
the Governor is directed to take from his Executive Council 
as did Lord Carnarvon in his dispatch of May 4, 1875, in 
which he says that ¢ Whether also given orally or not, it 
should be given in writing ’. 
7. So long as ministers held it to be a constitutional prac- 
tice and a duty that they should retain office, even if the 
Governor should decline to accept their advice in the exercise 
of the prerogative, and so long as it was believed that collisions 
between the Governor and his ministers could be avoided by 
mutual tact and forbearance, the system may have worked 
well ; but as soon as Sir Thomas McIlwraith resigned because 
the Governor of Queensland declined to accept his advice, 
on which occasion your Lordship did not uphold the action 
of Sir A. Musgrave, it became obvious that the retention of 
office under such circumstances ceased to be a constitutional 
practice with Australasian statesmen. 
8. If ministers see no reason for making a distinction 
between the ordinary business of government and the 
business in connexion with the exercise of the royal preroga- 
tive of mercy, the Governor may at any moment find himself 
as Sir A. Musgrave did—without advisers, and unable to 
replace them with others having the confidence of Parliament. 
9. I have found in practice that the wishes and opinions 
of the Governor are in other matters, as well as this, listened 
to with all respect, and that when consistent with their 
own opinions ministers endeavour loyally to co-operate with 
the Governor, accepting full responsibility for their actions. 
But it may be that the Executive Councillors would hold 
very strong opinions antagonistic to those of the Governor ; 
that the public, knowing that the Governor is instructed to 
call for the advice of his Executive Council, would bring 
very strong pressure on them to give certain advice, and to 
resign if it were not taken ; for your Lordship is aware how 
strongly the public mind is sometimes agitated in cases of 
criminals sentenced to death. 
The present practice is attended with much that is 
undesirable for the representative of Her Majesty. He is 
liable to be accused of being actuated by religious or sectarian 
motives, or by class prejudice. Deputations of various kinds 
wait upon him. The counsel for the prisoner claims to be 
allowed to place before him facts alleged to have come to 
light since the trial, and thus endeavours to turn the Governor 
into a Court of Appeal. 
10. Parliament may, in its debates, endeavour to influence 
public opinion to put pressure on the Governor, for I have