cusp. 1] THE POWERS OF THE GOVERNOR 103 
of the prerogative of legislation properly so called, as in the 
case of a conquered or ceded Colony : it was the exercise 
of the right to set up in the Colonies by settlement a legis- 
lature on the English model, and it was a right which could 
not be exercised more than once, except perhaps to broaden 
the franchise set up. 
In the older form in force until the seventies, the practice 
was to issue a commission to the Governor, which appointed 
him to his office, reconstituted the Legislature and Executive, 
and proceeded to give him all the directions necessary for 
guidance as Governor, and further details were added in 
instructions! In the seventies in every case the old plan, 
which was very inconvenient, and as regards the formal 
reconstitution of the Legislature was meaningless and mis- 
leading, was abandoned, and permanent provision has been 
made for the office of Governor by letters patent and a per- 
manent set of instructions has been issued, while the actual 
appointment of any individual to be Governor is made by a 
commission appointing him to the office defined in the letters 
patent and subject to the instructions. The instructions are, of 
course, liable to be supplemented by fresh instructions, and 
these may be given either in the form of instructions under 
the sign-manual and signet, or merely by dispatch from the 
Secretary of State; whether formally in the royal name or 
not seems indifferent, as the only authority which the Secre- 
tary of State has over a Governor is as the mouthpiece of the 
Crown. There is of course no legal obligation on the Governor 
to obey these individual instructions or those which are set 
out for his guidance in the Colonial Rules and Regulations: 
disobedience does not invalidate his acts; it is merely a 
question of his duty to his Sovereign, and as every Governor 
holds at pleasure the duty can be enforced by recall. As 
an Imperial officer the Governor is also subject to criticism 
in Parliament © but like every Colonial officer. he is assured 
1 There is no fundamental distinction as regards legal effect between 
these instruments when they deal with executive matters. For example, 
pardon is regulated in the Federations and the Union by the instructions. 
But letters patent are normally used when legislative result is intended.