154 THE EXECUTIVE GOVERNMENT [PARTI
antiquated in form. They are, however, the same as the terms
of the former Cape instructions. In the case of the instruc-
tions of 1892 and 1900 to the Australian States, which agree
in substance with those of New Zealand, a much milder form
is adopted, which removes the suggestion that the Governor
is to act without the advice of his Council in urgent or trivial
cases, or in cases when consultation would be prejudicial
to the Colony, provisions borrowed from the system of Crown
Colony administration, which are now antiquated and absurd.
It was the presence of this clause, among other things, in the
instructions of the Governor of New Zealand which induced
his legal adviser in 1854 to doubt whether it was possible
or intended to introduce full responsible government within
the Colony ; yet the new form was only introduced in New
Zealand and the States in 1892. In the case of the Transvaal
in 1906, and the Orange River Colony in 1907, the same
terms were adopted as in the case of the Australian States,
and the same terms appeared also in the Natal instructions
of 1893. But in the Natal instructions it was provided that
this rule should not apply to the powers of the Governor as
Supreme Chief, but that in the exercise of such powers,
other, of course, than those vested in the Governor in Council
by law, he should acquaint his ministers with his proposed
action, and as far as possible arrange with them the course
of action he intended to adopt, but the ultimate decision in
every case must rest with the Governor. There was no similar
provision in the instructions for the Transvaal, and the
Orange River Colony, no doubt because the result of these
instructions had been practically of no effect, but it was pro-
vided by law in the letters patent creating the Legislature
that the Governor should exercise over the natives all power
and authority vested in him as paramount chief, and the
use of the term ‘ Governor ’ in that clause as contrasted with
the use of the term ‘ Governor in Council’ in the next clause,
relative to the holding, if thought fit, of meetings of the
natives, was evidently intended to insist upon the personal
action of the Governor, if he thought it necessary so to act.
The following extract from the instructions to the Governor