Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 1)

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Monograph

Identifikator:: 833000799

URN:: urn:nbn:de:zbw-retromon-36018

Document type:: Monograph

Author:: Schober, Hugo

Title:: Die Volkswirthschaftslehre

Edition:: 3. Aufl.

Place of publication:: Kiel

Scope:: 1 Online-Ressource (X, 391 S)

Collection:: Economics Books

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262 THE EXECUTIVE GOVERNMENT [part II under the authority either of such a judgment or of the Auditors’ certificate. As at present advised, therefore, I am of opinion that in these three respects—-in collecting duties without sanction of law ; in contracting a loan without sanction of law; and In paying salaries without sanction of law—you have de- parted from the principle of conduct announced by yourself and approved by me—the principle of rigid adherence to the aw. I deeply regret this. The Queen’s Representative is justified in deferring very largely to his Constitutional advisers in matters of policy and even of equity. But he is imperatively bound to withhold the Queen’s authority from all or any of those manifestly unlawful proceedings by which one political party, or one member of the body politic, is occasionally tempted to endeavour to establish its preponder- ance over another. I am quite sure that all honest and intelligent Colonists will concur with me in thinking that the powers of the Crown ought never to be used to authorize or facilitate any act which is required for an immediate political purpose, but is forbidden by law. It will be for the gentlemen who guide the opinions of the Colony, or form the majorities in the two Houses of the Legislature, to ascertain, and you will of course afford them every facility for ascertaining, how the Government of the Colony is to be carried on. It is for you to take care that all proceedings taken in the Queen’s name, and under your authority, are consistent with the law of the Colony. As I said in the beginning of this despatch, I could have wished to postpone any expression of my opinion until [ should be in possession of the papers which you lead me to expect by the next mail. But the continued violation of the law, with the concurrence of the Queen’s representa- tive, would be so serious an evil that I have felt compelled thus to address you now. I believe that I have stated correctly the facts of the case. I have given you my view of the law arising from those facts. I have to instruct you in this, as in every other case, to conform yourself strictly to the line of conduct which the law prescribes. In a dispatch of February 26, 1866, Mr. Cardwell wrote :— I have already, in my despatch No. 107 of the 27th November, instructed you that some of the acts of your Government to which you gave your sanction were illegal, and have directed you to retrace your steps. But your present despatch imposes upon me new obligations. I shall

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