Page:George McCall Theal, History of South Africa from 1873 to 1884, Volume 1 (1919).djvu/133

 1 878] Retirement of the Molteno Ministry. 113 Such in brief were the accusations on one side and the assertions on the other made by the opposing parties in the house of assembly, some members maintaining that the late ministry, or at least one member of it, for whose action all were responsible, had assumed illegal authority and had ignored the governor; others asserting in the most positive terms that his Excellency had been completely recognised and consulted in every instance. The question of the governor's special power in the Cape Colony, on account of the alleged incompleteness of responsible government here, was not brought under discussion. On the 29th of May, when the debate was about to be resumed, the speaker. Sir David Tennant, ruled that the second and third paragraphs of Mr. Merriman's motion " could not be entertained by the house in the form in which they were presented, it being contrary to constitutional principle and parliamentary practice to move any direct censure of his Excellency the governor as the representative of the sovereign, — and it being held, by the authorities on parliamentary government, that the ministry in office are responsible for the action of his Excellency the governor." In accordance with this ruling, the speaker stated that "only the first paragraph of Mr. Merriman's motion was at present before the house, viz. : In the opinion of this house, the control of the colonial forces is vested in his Excellency the governor only acting under the advice of ministers." This had the effect of delaying the debate until the 31st of May, when Mr. Merriman amended his motion by submitting the following clauses in place of those ruled as irregular : " 2. That it is not within the constitutional functions of his Excellency the governor to insist on the control and supply of the colonial forces being placed under the military authorities, except with the consent of ministers. 9