Full text: Responsible government in the Dominions (Vol. 1)

cap. 111] THE GOVERNOR AND MINISTERS 165 
been accepted later on. Moreover, he added that his con- 
demnation, unqualified and severe, of the conduct of the 
Colonial Office was mainly directed against the permanent 
heads. He protested against the issue of the royal instruc- 
tions to the Governor of Victoria. There had been, in his 
opinion, no change in the commission and instructions issued 
since 1850, although responsible government had been 
introduced in 1855. The Victorian Constitution Act gave 
power to the Crown, the Legislative Council, and the 
Legislative Assembly to make laws in and for Victoria in 
all cases whatsoever. 
Ministers chosen by the representative of the Crown 
advise him in all things relating to the conduct of the ordinary 
domestic affairs of State and the executive administration 
of existing laws, with the single exception created by statute 
law of the giving or withholding of the royal assent to, or 
the reservation of, Bills. Questions involving Imperial 
interests, including the control of Her Majesty’s military and 
naval forces, the questions affecting relations with foreign 
states, do not come within the purview of the Constitution 
Statute. As regards all such questions, the Governor is still 
an officer of the Imperial Government, and is bound to obey 
the instructions given to him either directly from the Crown 
or through the Secretary of State. With respect to the same 
questions and interests, Her Majesty’s Ministers for Victoria 
cannot tender responsible advice. They may, if they think 
fit—they will, so long as rational and friendly relations 
exist between the two Governments—assist the Imperial 
officer by all means in their power to perform his duties to 
the Imperial Government. But with respect to local affairs, 
subject to the single exception above mentioned, the case 
1s wholly different. The statute does not by express grant 
convey any powers or prerogatives to the Governor. But 
the creation by statute of the system of responsible govern- 
ment necessarily involves the vesting in the representative 
of the Crown, upon his appointment and. by virtue of the 
statute, of all powers and prerogatives of the Crown necessary 
in the conduct of local affairs and the administration of law. 
Allow me to request your special attention to this point, 
that it is by virtue of the Constitution Acts themselves 
of the Australian Colonies—assuming those Acts to have 
created in each of the Colonies the system of responsible 
government—that the prerogatives and powers which are
	        
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