612 PARLIAMENTS OF THE DOMINIONS [PART IIL
advise a Governor to perform an act which they admit to
be contrary to law, or not yet authorized by law. 1f,
however, they think that there are grounds for tendering
such advice they will do so under the obligation of obtaining,
in so far as they are themselves concerned, the subsequent
approval of Parliament, with an indemnity should the circum-
stances appear to require it.
7. But it is not possible in the same manner, or to the same
extent, to cover by the ex post facto sanction of the local
Parliament the action of a Governor who under ministerial
advice has acted in a manner unauthorized by or contrary
to the law. There are also cases in which the Governor has
positive duties to perform which are prescribed by law,
and which are not matters of policy or of opinion. The
Constitution of Victoria specifies the Governor as the person
by whom certain acts necessary for keeping in motion the
administrative machinery of the country shall be done, and
his responsibility in regard of such acts cannot entirely be
borne by the ministers nor by the local Parliament. For
anything which he may do or decline to do the Governor
is accountable to the Sovereign whom he represents, and
not directly to the community over which he is appointed
to preside, and if Her Majesty's Government should require
him to show that his acts have been lawful, or, if not in
conformity with any law, have been necessary to meet
a pressing emergency, this would afford no ground for saying
that the responsibility of the Colonial ministers in local
matters has been in any degree interfered with.
The ministers of Victoria also took exception to the
publication of certain correspondence with the Secretary of
State and to his receiving a deputation, but the Secretary
of State declined to suppose that they could desire to fetter
his discretion in the matter at all
In a dispatch of August 17, 18782 the Secretary of
State gave the opinion of the law officers of the Crown
that, while the moneys necessary for defraying the costs
of the collection of revenue in Victoria were specifically
appropriated for the purpose by s. 45 of the Constitution
Act, the view that, when the Committee of Supply had voted
money for other purposes and the vote had been reported
to the Legislative Assembly, the amount voted becomes
1 Parl. Pap., C. 2173, p. 97. * Ihid., pp. 97-9.