Page:History of Adelaide and vicinity.djvu/702

 XXvi ADELAIDE AND VICINITY ^. Notes on the Constitution of South Australia "The law and practice of Parliament as established in the United Kingdom," said the English law officers (Cockburn and Bethell). "are not applicable to colonial Legislatures, nor does the rule of one body furnish any analogy for the conduct of the other." And as Mr. Chitty says : — " With respect to colonial Assemblies, it is most important that any idea that they stand on the same footing as the English House of Commons should be excluded from consideration." This position was not fully realised in South Australia for a long time ; in fact, in 1857, when the debates between the two Houses concerning Money Hills took place, resulting in what is known as the "Compact of 1857," it was not realised at all; but ultimately, in 1872, an Act was passed giving to our Houses of Legislature the same privileges, powers, and immunities as the British House of Commons. The word "privilege" is often used to denote the respective rights and powers of the two Houses as between themselves ; and it must be distinctly understood that the Act of 1872 has nothing to do with, and does not in any way affect, this aspect of the privileges of either House. We have the authority of the Judicial Committee of the Privy Council and of the law officers of the Crown in England for this statement. Under the provisions of the Privilege Act either House of Parliament can by resolution punish any of its members who are guilty of contempt or misconduct by expulsion, imprisonment, fine, suspension, or censure ; and it may punish strangers who are declared guilty of contempt of Parliament in a similar manner (except, of course, by expulsion). The Governor The Governor is commonly described as the representative of Her Majesty, and to a certain extent this is true ; but he is not a Viceroy, and only represents Her Majesty to a limited degree. The difference between a Viceroy and a Governor has never been very clearly defined, but it may be safely stated that a Governor represents the Crown to a more limited degree and in a more specified manner than does a Viceroy. To each Governor a commission or power of attorney is given, setting out either directly or by inference what his authority is, accompanied by letters of instruction telling him he must do certain things and that he must not do certain things. Where Imperial interests are concerned, the Governor is the guardian of these interests, and he cannot shelter himself behind the responsibility of his local advisers. He should communicate direct with the home authorities. If they do not uphold his decisions, he must give way or resign ; while if they do, the question becomes one between the Province and the mother country. The Governor occupies a dual position : he is both an Imperial officer and a local Governor. In all matters of Imperial concern he must act on his own responsibility or by direction of Her Majesty in her Privy Council, that is, practically, the Secretary of .State for the Colonies ; and it would be unconstitutional for him to consult his local advisers. In all matters of local concern he now acts almost entirely on the advice of his local advisers ; and the tendency of the British Government for many years has been to grant us more complete autonomy by sweeping away any real power from the Governor in local matters. As an example : — Up to late years the Governor was bound by his instructions in capital cases, after taking the advice of his Ministers, to exercise the prerogative of mercy on his own responsibility. But when Sir Anthony Musgrave, in