CHAP. I] ORIGIN AND HISTORY 33 
the passing of the Imperial Act, 18 & 19 Vict. c. 56, allowed 
the Crown to assent to the reserved Bill, 18 Viet. No. 17, 
without further Imperial legislation.* 
There were, of course, minor difficulties yet to be disposed 
of. Tn the case of New South Wales the Governor did not 
like the system of issuing a commission to administer the 
Government in case of his removal to three persons, and 
indeed the plan was obviously impracticable, and therefore 
the Imperial Government decided to vest the acting appoint- 
ment for the time being in the military officer next senior to 
the Major-General commanding in Australia. Again, the 
Governor desired to be authorized to remove members of the 
Executive Council instead of permitting them to remain 
members though not under summons, and he was authorized 
to do this by additional instructions of March 10, 1859. 
And he was authorized by dispatch to remit fines exceeding 
£50, the limit under the old instructions. Moreover, in 
1859 the appointment of a member of the Executive Council 
without portfolio was reported and approved. 
In Victoria more serious troubles arose : the Legislative 
Council proceeded to endeavour to throw upon the Governor 
responsibility for appointments, and made attempts to secure 
access to papers on which he had discussed questions of 
appointments with his ministers. He resisted these attempts, 
but was inclined to favour the idea of creating behind the 
Executive Council, in the sense of Cabinet, a wider council 
corresponding to the Privy Council in England, which the 
Governor could resort to for advice if he were in great doubt 
as to his line of action. This view was supported by the fact 
that he also held that he had no power to remove members 
of the Executive Council? and the ministers who formed 
members of Mr. O’Shanagsy’s Ministry declined to resign 
Parl. Pap., July 24, 1856, p. 154. The name was changed from Van 
Diemen’s Land to Tasmania by an Order in Council of July 21, 1855; see 
also the Act, 19 Vict. No. 17. Tor the cause of change, see Parl. Pap.. 
April 20, 1855, pp. 26, 27. 
* Under Crown Colony administration the Governor has only power to 
suspend, not to remove. 
1979