262 THE EXECUTIVE GOVERNMENT [part II 
under the authority either of such a judgment or of the 
Auditors’ certificate. 
As at present advised, therefore, I am of opinion that in 
these three respects—-in collecting duties without sanction of 
law ; in contracting a loan without sanction of law; and 
In paying salaries without sanction of law—you have de- 
parted from the principle of conduct announced by yourself 
and approved by me—the principle of rigid adherence to the 
aw. I deeply regret this. The Queen’s Representative is 
justified in deferring very largely to his Constitutional 
advisers in matters of policy and even of equity. But he is 
imperatively bound to withhold the Queen’s authority from 
all or any of those manifestly unlawful proceedings by which 
one political party, or one member of the body politic, is 
occasionally tempted to endeavour to establish its preponder- 
ance over another. I am quite sure that all honest and 
intelligent Colonists will concur with me in thinking that 
the powers of the Crown ought never to be used to authorize 
or facilitate any act which is required for an immediate 
political purpose, but is forbidden by law. 
It will be for the gentlemen who guide the opinions of 
the Colony, or form the majorities in the two Houses of the 
Legislature, to ascertain, and you will of course afford them 
every facility for ascertaining, how the Government of the 
Colony is to be carried on. It is for you to take care that 
all proceedings taken in the Queen’s name, and under your 
authority, are consistent with the law of the Colony. 
As I said in the beginning of this despatch, I could have 
wished to postpone any expression of my opinion until 
[ should be in possession of the papers which you lead me 
to expect by the next mail. But the continued violation 
of the law, with the concurrence of the Queen’s representa- 
tive, would be so serious an evil that I have felt compelled 
thus to address you now. I believe that I have stated 
correctly the facts of the case. I have given you my view 
of the law arising from those facts. I have to instruct you 
in this, as in every other case, to conform yourself strictly 
to the line of conduct which the law prescribes. 
In a dispatch of February 26, 1866, Mr. Cardwell wrote :— 
I have already, in my despatch No. 107 of the 27th 
November, instructed you that some of the acts of your 
Government to which you gave your sanction were illegal, 
and have directed you to retrace your steps. But your 
present despatch imposes upon me new obligations. I shall