cusp. 1] THE POWERS OF THE GOVERNOR 105 
serious doubt arising as to the power of the Governor- 
General to pardon at all, for the power may not be included 
in the general power of a Governor! The reason, of course, 
why the instruments are not so necessary in the case of 
a Federation or a Union—for the same set of instruments 
has been issued for the Union of South Africa (excluding 
only the power of appointing or dismissing officers)—arises 
from the fact noted above that the Executive Government 
of a Federation is a matter which requires statutory creation, 
just as a Federation itself could not be created by the 
Crown. 
§ 2. THE GOVERNOR AND THE PREROGATIVE 
The exact extent of the power delegated to a Governor 
remains a matter of dispute, and the question has not been 
much enlightened by the cases in the Courts as to the 
Governor not being a Viceroy. The tendency of these 
decisions, it is held by Mr. Tarring in his Law Relating to 
the Colonies? is to exempt the Governors of Colonies from 
liability to answer in civil actions for acts of state in the 
Courts both of the Governments and of England. In support 
of that view he seems to rely upon the case of Musgrave v. 
Pulido? decided in the Privy Council in 1879 : the case is 
so important for its actual decision, and in its bearing on 
the question of a Governor’s power, that it may be set out 
in part :— 
To an action of trespass brought against the appellant, 
Sir Anthony Musgrave, in the Supreme Court of Jamaica, 
for seizing and detaining at Kingston in Jamaica, a schooner 
called the ‘ Florence’, of which the plaintiff was charterer, and 
which had, as alleged, put into the port of Kingston in distress 
and for repairs, the appellant pleaded the following plea :— 
‘The defendant, Sir’ Anthony Musgrave, by his attorney, 
comes and says that he ought not to be compelled to answer 
in this action, because he saith that at the time of the 
grievances alleged in the said declaration, and at the time 
of the commencement of this action, he was and still is 
i Cf. The Pardoning Case’, 23 S. C. R. 458, at p. 468 (per Strong C.J.). 
' (3rd ed.) pp. 44 seq. 
5 App. Cas. 102. Cf. dicta in 4 C. L. R. 789, at pp. 796, 805.