CHAP. Xx] MILITARY AND NAVAL DEFENCE 1263 
is also Commander-in-Chief.! The term is liable to some 
misapprehension, and has no doubt led to some confusion,? 
inasmuch as the Governor has in certain cases been held to 
have powers with regard to the local forces which were not 
merely the ordinary powers of the Governor in Council. In 
every Colony the Governor in Council has, of course, very 
important powers under the Acts relating to the forces, but 
these powers do not include, and are not intended to include, 
the command of the forces, except in the sense that the 
Governor is titular Commander-in-Chief as the representative 
of the Crown, which alone, of course, can raise armed forces. 
For example in 1872, the Governor, Sir Hercules Robinson, in 
New South Wales, found himself in an embarrassing position 
in consequence of the fact that he was required by Act No. 5 
of 1867 to exercise certain powers of command as regards 
removal of officers of the local forces, and he was advised 
by his law officers that these powers were to be exercised by 
him without ministerial advice.# The result was that he 
was brought into collision with the Legislative Assembly. 
which disapproved his action in the case of a member of these 
forces called Rossi, and the Governor sensibly pointed out 
that it was undesirable in such a matter to leave anything 
in the hands of the Governor personally. In the same way 
the position in South Africa was complicated unnecessarily 
by the fact that the Governor was given by the local Acts 
various powers as to the forces, which apparently threw upon 
him a personal responsibility. As Commander-in-Chief, of 
course, the Governor has no power or control over the Im- 
perial forces within the Colony. His legal position with 
! The King gave up the title in 1793, but it has lingered on in the 
Dominions ; see Harrison Moore, Commonwealth of Australia? pp. 175, 176. 
* Clearly in the case of Sir B, Frere, and cf. the New South Wales case 
in Clark, Australian Constitutional Law, pp. 263 seq. 
* Tt is, however, a mere blunder to assume that the King’s commission 
issued to officers in England gives them any power of command over 
Colonial forces ; the only power to command such forces must come from 
svmmissions under local Acts or Acts recognizing the validity of Imperial 
commissions ; cf. Parl. Pap., Cd. 2565. 
* Parl, Pap., C. 1202, pp. 53, 54; Clark, loc. cit. 
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