cuar. 1v] THE PREROGATIVE OF MERCY 1399
the case ; and they, if they are consulted in this manner,
will no doubt alwavs be found ready to give their advice.
These instructions remained in force until 1892, when the
position was changed by the issue of the new letters patent
and royal instructions in that year.
The instructions in the case of Canada previous to 1878
were of the same type. Thus in September 1861 Sir Edmund
Head pardoned a convict, Patterson, despite the contrary
advice of ministers,! and in 1875 Lord Dufferin commuted
the death sentence passed on Lepine for the murder of Scott
in the North-West insurrection to two years’ imprisonment
on his personal responsibility, but after the consultation of
his ministers, and his conduct was fully approved by the
Secretary of State? In November of the same year the
Australian correspondence was sent to Canada, and it
resulted in the careful reconsideration of the whole matter
by Mr. Blake, who in this, as in all other matters, felt
strongly that the Ministry must be responsible. It may be
added that in 1877 the Governor-General in Council consulted
the Imperial Government in Martin’s case.
§ 2. Tue Views or Mr. Bragg 1x 1876
The position was changed as regards Canada in 1878, as
a result of the representations made in 1876 by Mr. Blake
on behalf of the Canadian Government.
The representations, as mentioned above, arose out of the
raising of the question by the Secretary of State as to the
form of permanent letters patent to be issued in respect of
the office of Governor. The form which was proposed to the
Government of the Dominion was that which existed in
Australia, and the correspondence which had passed with
! Quebec Morning Chronicle, September 7, 1861.
* Canada Gazette, extra, January 19, 1875 ; House of Commons Debates,
1875, pp. 21 seq., 36 seq.; cf. O’Donohue’s case. 1877, pp. 1405 seq.
* Hansard, cexxiii, 1075.
4 Canada Sess. Pap., 1879, No. 181 (really Colonial Office Print, N. A.
No. 99).
5 Canada Sess. Pap., 1876. No. 116 ; 1877, No. 13; 1879, No. 181.
