Page:Prerogatives of the Crown.djvu/54

 34 Prerogatives where ex^ris^eahle, [Ch. HI. So where peculiar laws and proceifs exist, as in Guernsey or Jersey, the King himself, even in seeking to recover his own debts therein, must resort to such laws for redress (a). And the King cannot tax a colony of English subjects, but through the medium of Parliament or the representative assembly of the plantations {b). On obtaining a country or colony, the Crown has sometimes thought fit by particular express provisions under the great seal to create and form the several j)arts of the constitution of a new government; and at other times has only granted general powers to the governor to frame such a constitution as he should think fit, with the advice of a council consisting of a certain number of the most competent inhabitants ; subject to the approbation or disallowance of the Crown. In most instances there are three departments forming the colonial go- vernment, each of which deserves attention: 1st. The governor who derives his power from, and is substantially a mere ser- vant or deputy of the Crown, appointed by commission under the great seal. The criterion for his rules of conduct are the King's instructions, under the sign manual : 2dly, The colonial councils which derive their authority, both executive and le- gislative from the King's instructions to the governor (c) : 3dly, The representative assemblies chosen by certain classes of the colonial inhabitants. The right of granting this assembly is vested exclusively in the Crown subject to after regulations by the local legislature. The governors of colonies are in general invested with royal authority; they may call, prorogue, (adjourn) [d) and dissolve the colonial assemblies, and exercise other kingly functions : but still they are but the servants or representa- tives of the King. Prima facie however their acts remain good : and though the King may refuse to confirm, and may revoke the governor's assent to an act of the assembly, it appears that, till revoked, such assent is, generally speaking, effective [e). And there can be no doubt that though the dis- (a) 1 Chalm. 58. doubt whether or not a proposed Act of {b) Ibid. 222, 3. Assembly may prejudice the preroiia- (c) As to their duty, &c. Stokes, 237. tive, he should not assent till he have ch. 6. received instructions; or should assent, {(l) Post. 35. Stokes, 241, 2. The with a clause suspending the operation King cannot adjourn an English Parlia- of the Act, till it be ascertained whether ment, post. ch. 6. or not the King approve of it. Stokes, {e) 1 Chalm. 30G, 7. If a governor 253, 4. cretion