CHAP. IV] THE GOVERNOR AS HEAD 183
Mr. Brown and Mr. Dorion, and suggested that Mr. Brown
should form a Ministry. Mr. Brown did so, and then
discussed with the Governor the question of dissolution.
He was badly beaten at once in both Houses of the Legisla-
ture, and it was clear that he could only dissolve. * But the
Governor, in a long and reasoned memorandum, declined to
grant a dissolution, on the ground that there seemed no reason
to be sure that the Government could not be managed by
the old administration without a dissolution ; that a dis-
solution promised little prospect of change; that there was
no reason to ascribe to the measures suggested by the new
Ministry any special efficacy to deal with the troubles then
affecting the two parts of the province, and that the time
of harvest was inconvenient for an election. On learning
the decision the administration resigned and the new
ministers took their seats again, not being compelled to
secure re-election, as there had been no substantial break
in the tenure of their. offices! This, however, involved a
curious ‘double shuffle’, ministers first accepting new offices so
as to comply with the terms of the Act 20 Vict. c. 22, and then
taking over their old offices, a proceeding naturally severely
criticized in public, and the Act was later changed.
In 1860 the Lieutenant-Governor of Nova Scotia declined
to grant ministers a dissolution after defeat in the House,
and the case is interesting because he met in his defence
the argument that the Governor is a mere figurehead. ‘Mr.
Johnston (the Premier),” he wrote, would place a Governor
in the same position as the Queen, and the Council in the
position of the Cabinet at home, forgetting entirely that the
Governor is himself responsible to the Home Government,
and that it is no excuse for him to say in answer to any
charge against his administration of affairs, I did so by
she advice of my Council.” His action was justified by the
result, as the Opposition formed a successful administration.?
In 1877 the Governor of New South Wales sent home for
“17 U. C. Q. B. 310; 8 U. C. C. P. 479.
i. ove Scotia Assembly Journals. 1860, App. pp. 11-46 : 1861, App.
0. YY.