116 THE EXECUTIVE GOVERNMENT [PART II
otherwise with the letters patent creating the office of
Governor in the other Dominions and States ; they purport
to authorize, empower, and command the said Governor to
do all things that belong to his office in accordance with the
letters patent, the royal instructions, and any laws in force
in the Colony. Tt is, no doubt, not an ideal way of describing
the duties of an office, but it is not unusual in English state
documents to find that the substance is left to be expressed
in some vague and general manner, leaving the content to
be gathered from official usage, and that official usage shows
clearly that the Governor possesses the whole executive
authority of the Colony so far as that authority is needful
in a Colony. As usual, the constitution laws in the case of
the Federations and the Union express clearly what is left
vague in the case of the ordinary Colony, where the preroga-
tive and local laws are the source of the authority. When
this is realized, we are able to lay the spectre of the reserve
power of the Governor, which seems to owe its authority to
Todd, who wrote in the second edition of his work on Parlia-
mentary Government in the British Colonies?! :—
A constitutional Governor is not merely the source
and warrant of all executive authority within his juris-
diction ; he is also the pledge and safeguard against all
abuse of power by whomsoever it may be proposed or
manifested, and to this end he is entrusted with the main-
tenance of certain rights, and the performance of certain
duties which are essential to the welfare of the whole
community. And while he may not encroach upon the
rights and privileges of other portions of the body politic, he
is equally bound to preserve inviolate those which appertain
to his own office ; for they are a trust which he holds in the
name and on behalf of the Crown for the benefit of the
people.
These are vague words and may well mean little more than
what we have stated above, but they seem to be the source
of the statement in Sir H. Jenkyns’s British Rule and Jurisdic-
ion beyond the Seas? that © there is no doubt that a Governor
will always be held to have had all the power necessary for
* p. 36. * 5, 108.