cmap. 1] THE POWERS OF THE GOVERNOR 131
as it is one clearly concerning the constitution of the province,
and such legislation is reserved for the exclusive control
of the Provincial Legislatures by the British North America
Act, 1867. Yet it must remain doubtful whether the power
of pardon might not be assumed to exist in the case of its
accidental omission: it is a regular part of the British
Constitution as exercisable by the executive power : if not
absolutely indispensable, it is yet almost inseparably con-
nected with the legislative power, and it seems that it might
be held by the Courts to exist independently of statute,
or of express delegation. The case is not, however, likely
to come before the Courts, for the power is regularly delegated
by letters patent in the Colonies : in the case of the Common-
wealth the power expressly applies, as in the case of Canada
since 1905, to offences against the laws of the Commonwealth,
leaving to the state Governors the power of pardoning offences
against the laws of the states, or offences for which trial may
take place in the states (excluding no doubt offences against
Commonwealth laws as such, though this is not clearly
expressed). In Canada the provinces have all by local legis-
lation given the Lieutenant-Governors power of pardon, and
in the dependency of Papua the Lieutenant-Governor is given
the power by a Commonwealth Act of 1905, so that a legal
decision of the question is most improbable. It is of interest
to note that it was held by the law officers of the Crown ! that
the Superintendent of British Honduras had no delegation of
the prerogative of mercy, and that, for what it is worth, tells
against the view that the power to pardon can be claimed
without express warrant of delegation or law.
§ 7. OTHER PREROGATIVES
There are other prerogatives which quite clearly cannot be
claimed for a Governor. He does not possess the right to pro-
~laim war or peace? though, of course, he could take steps
t Forsyth, Cases and Opinions on Constitutional Law, p. 74.
* Heused tobeordered on noaccounttodeclare war; secCanada Sess. Pap.,
1906, No. 18, p. 83. But there are cases of the issue of letters of marque :
Hannay, New Brunswick, i. 322; contra Haliburton, Nowa Scotia, ii. 311.
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