Page:Prerogatives of the Crown.djvu/55

 Ch. III.] Prerogative as to the Colonies. 35 cretion in passing Acts of Parliament in England is an incom- municable prerogative, it is not so as to acts of assembly, but may be legally communicated to the governor of a colony {a). The same as to pardoning offenders in the colonies ; though it is usual to except the cases of treason and murder {b). Nor can there be any doubt that the King may enable the governor to grant crown lands, franchises, and possessions in the colo- nies (c). The acts of the governor should be under the great seal of the province, unless an usage e contra can be shewn (d)* His commission may be determined by the demise of the Crown, as other offices under the Crown are : but it seems that his acts done at any time, though after the determination of his office by the demise of the Crown or appointment of a new governor, and before notice thereof, are good (e). Nor will the determination of his patent per se annihilate the authority of other officers acting independently, though subordinately (f). But the powers of governors of colonies demand a more ex- plicit statement. Every governor of a province, by his com- mission {g) of captain-general and governor in chief, and by his commission of vice-admiral, and the instructions which accompany them, is vested with the following powers: 1. He is captain-general of the forces by sea and land within his province, and where a provincial establishment or King's government joined a charter colony, it was usual to make the governor of the provincial establishment captain-general of the forces by sea and land, within such charter colony. The go- vernor has also the appointment pf all militia officers (h), 2. As governor in chief, he is one of the constituent parts of the general assembly of his province, and has the sole power of convening, adjourning, proroguing, and dissolving the gene- ral assembly; he may also give or refuse his assent to any bill which has passed the council and assembly. The governor has also the disposal of such employments as his Majesty does not dispose of himself {i) ; and with respect to such offices as are (a) 1 Chalm. 316., (A) Ibid. 190. ' (0 1 Chalm. 168. Stokes, 23. See (c) And see Stokes 195. the stat. 22 Geo. 3. c. 75, by which offi- (rf) 1 Chalm. 241, 2. ces in the colonies are only to be grant- {e) 34 Ass. pi. 8, Cro. Car. 97. 1 ed for such time as the grantees shall act Vern. 400. 3 P. Wms. 195. 1 Chalm. personally and behave well therein. By 313^ 4. sect. 2. the Governor may remove the (/) 1 Chalm. 250. officer in case of misbehaviour, &c.; (g) See Stokes, ch. 4, and p. 184. ^^^ <^he latter may appeal to the King Ih) Ibid. 185 to 190. »n Council. J) 2 usually