CHAPTER II 
THE POWERS OF THE GOVERNOR 
§ 1. THE LETTERS PATENT 
THE appointment of a Governor is made by letters patent 
under the Great Seal, and the appointment is accompanied 
by royal instructions under the sign-manual and signet 
amplifying the letters patent. It is important to notice 
that the appointment is not an exercise of legislative autho- 
rity. It isan act of the prerogative in its relation to matters 
of executive government. As an act of the prerogative it 
can be recalled by the Crown if the power is retained to 
recall it, probably even if the power is not retained. A very 
clear illustration of the distinction between the letters patent 
constituting the office of Governor and those constituting 
the Legislature is contained in the two sets of letters patent 
issued in 1906 for the Transvaal. The former are declared 
to be revocable, but the latter are not: the former deal 
with matters affecting the executive authority of the 
Governor, the latter deal with legislation. So also in the 
case of the instruments establishing the office of Governor of 
the Orange River Colony and the Legislature. In the case of 
Newfoundland again there is a distinction between the clauses 
of the commission which granted in 1832 a representative 
legislature and the clauses referring to the office of Governor ; 
the latter clauses have often since been modified, while to 
restrict the former there was need of an Imperial Act.! The 
exercise of the royal power in the first case was not that 
See 5 & 6 Vict. c. 120 (exercised by instructions, May 4, 1855, confirming 
earlier instructions of 1842), enabling the Crown to impose a property 
qualification for members of the Legislature and to provide for a residential 
qualification of members and voters not to exceed two years, and to require 
chat all money votes should be recommended by the Crown. This Act is 
made in part permanent by 10 & 11 Vict. c. 44.