506 PARLIAMENTS OF THE DOMINIONS [PART ITI 
province had the power to alter its constitution, if it saw 
fit to do so, a resort to Imperial legislation would be in- 
expedient except in circumstances of urgent necessity. 
The Legislative Council continues to exist, with functions 
co-ordinate with those of the Assembly except as respects 
Bills of revenue, expenditure, and taxation, which it cannot 
initiate or amend, though it might reject them, and did so up 
to 1891. It cannot be swamped, and therefore it cannot, for 
the present at least, be abolished. It has, indeed, been 
suggested that the Lieutenant-Governor could use the power 
to remove legislative councillors on the ground that they 
hold during pleasure ; thus he could either alter its com- 
position so as to secure the passing of a measure for its 
abolition, or he could de facto abolish the Council by dis- 
missing all the members. The latter theory must be certainly 
held to be ultra vires and illegal—the Lieutenant-Governor 
has the power to remove councillors but not to abolish 
the Council. It is more difficult to say that the former 
theory is, strictly speaking, illegal. It is the view of Bourinot 
that the power of the Lieutenant-Governor to remove 
councillors is confined to those cases laid down in the dispatch 
of 1845, but that view cannot be accepted as being legally, 
though it is no doubt constitutionally, correct. The Crown 
in 1845 eventually felt that it would be unwise to grant 
formally a life tenure subject only to vacating the post on 
certain definite conditions. The Imperial Government then 
left the matter at a tenure during pleasure, with instruc- 
tions which in effect said that the members were to be 
allowed to hold office during life unless certain circumstances 
arose. But it is clear that with the disappearance of 
the power of the Crown as exercised directly through the 
! See also House of Assembly Journals, 1894, App. No. 17. The Govern- 
ment in 1890, after an attempt to abolish the Upper House failed—the 
Upper House having offended by rejecting certain money votes—only 
appointed members on pledges that they would consent to abolition. But 
these gentlemen, while accepting all other Government measures, refused to 
keep their pledges on this point. In New Brunswick the abolition of the 
Upper House was effected by the councillors keeping similar pledges ; see 
Hannay, ii, 345 seq.