254 THE EXECUTIVE GOVERNMENT [PART II
contrast the opinions on the subject expressed by the Dukes
of Newcastle and Buckingham and Chandos and Sir W.
Denison and Sir G. Grey. I also add an extract from Todd’s
work on Parliamentary Government tn England, viz. —
It is therefore erroneous to suppose that the Government can be
absolutely prevented from any misapplication of the parliamentary grants.
ven were it possible to do so it would not be politic te restrain the Govern-
ment from expending money under any circumstances without the previous
authority of Parliament. In the words of Mr. Macaulay (Secretary to the
Board of Audit) cases must constantly arise in so complicated a system of
government as ours where it becomes the duty of the Executive authorities,
in the exercise of their discretionary powers, boldly to set aside the require-
ments of the Legislature, trusting to the good sense of Parliament when all
the facts of the case shall have been explained to acquit them of all blame ;
and it would be not a public advantage, but a public calamity, if the
Government were to be deprived of the means of so exercising their
discretionary authority.’
To the same effect we have a declaration by a Committee
of the House of Commons, that in special emergencies
expenditure unauthorised by Parliament becomes absolutely
essential. In all such cases the Executive must take the
responsibility of sanctioning whatever immediate urgency
requires ; and it has never been found that Parliament
exhibited any reluctance to supply the means of meeting
such expenditure.
Under these circumstances I advise my colleagues to join
with me in an expression of opinion against the instructions
lately issued by the Right Honourable the Secretary of
State for the Colonies to his Excellency the Governor as
amounting to an interference in matters of local government
with our responsibility as ministers of the Crown, and
representatives of the Parliament and the people of this
Colony, upon a question entirely unconnected with Imperial
interests.
Lord Granville replied to this minute in a dispatch of
January 17, 1870,! as follows :—
In my Despatch of the 16th of June I conveyed to you
my opinion that, except in case of absolute and immediate
necessity (such, e. g., as the preservation of life), no expendi-
bure of public money should be incurred without sanction
of law, unless it could be presumed not only that both
branches of the Legislature would hold the expenditure itself
unobjectionable, but also that they would approve of that
expenditure being made in anticipation of their consent ;
¥ Parl. Pap., C. 2173, p. 124.
