cHAP. 1] POWERS OF DOMINION PARLIAMENTS 365
seems very difficult indeed to maintain. The act of altering
the post of Governor and its duties can hardly be said to be
beyond the powers of a Colony to legislate for peace, order,
and good government. Again, any misuse of legislative
authority can be corrected, whether by the action of the
Imperial Parliament or by disallowance of an Act. The
Colonial Legislatures are constantly imposing new duties on
the Governor; can it be said that an Act affecting his
position so as to make it elective would be invalid ? In the
old North American Colonies in some cases the proprietors
could select the Governor, subject to royal assent In
Tasmania it was proposed in 1853,in drafting the Constitution
Act, to make the Governor removable by reason of a two-
thirds majority of the two Houses of the Legislature ; could
it have been held beyond the powers of the Crown to assent
to such an Act, and for that Act then to be valid ?
On the other hand, it is fair to say that a Colonial Legis-
lature must remain within the bounds of colonial legislation.
It might indeed allow enemy subjects to trade with Colonial
British subjects, and the permission would be valid within the
territory, assuming of course that the Crown sanctioned any
Act for this purpose, since such trading is illegal at common
law. It could resolve (as some politicians desired to do in
the Cape during the Boer war and now do) to remain neutral
in war to the extent that it would not assist the Mother
Country 2; it is then for the Mother Country to say whether
it will acquiesce in that decision ; if it does not it can of
course apply force to compel participation : but no amount
of declarations will create neutrality in international law if
the other power concerned does not care to accept such
neutrality, and Mr. Gavan Duffy’s attempt to obtain a reso-
lution in 1870 from the people of Australia in favour of the
neutralizing of the Colonies was properly laughed out of
court by his colleagues as impracticable and utopian.
Moreover, the legislatures are legislatures for a Colony, and
1 Chitty on the Prerogative, pp. 25, 26, 31, 33.
$ Cf. Sir W. Laurier’s remarks on the Imperial Conference on June 1,
1911, Cd. 5745, pp. 116, 117; Ewart, Canadian Independence, pp. 17 seq;
Times, July 21 and 22, 1911,