Dominion Nationalism
635
though
the
exercise of
this
prerogative
was
sanctioned
by
the
British
North America
Act and
was continued
by
governors
in other
parts
of
the
empire
enjoying responsible government.
The
British
North
America
Act
also
recognized
the
discretionary right
of
the
governor
general
to
reserve
bills
for
the home
government
to decide
whether
they
should receive the
royal
assent or
not;
and
his instructions
re-
quired
him
to reserve all
bills
touching
certain
specified
subjects
such
as
divorce,
legal
tender,
differential
duties,
the
discipline
of
British
forces,
the
rights
of
nonresidents,
and
British
shipping.
But
the
only
reserved
bill
from which the
Colonial Office
withheld
the
royal
assent
was
one that
was
passed
in
1867,
and
Ottawa
persuaded
London
to
abandon
mandatory
reservation when
new instructions
were
issued
in 1878.
On
the
eve
of his
retirement
in 1872
the second
governor
general
inadvertently
assented to
a
bill
that
he
should
have
reserved
because
it
imposed discriminatory
duties.
This embarrassed
the colonial
secretary,
who was then
resisting pressure
from the Australian
colonies
for
the
right
to
enact
such
duties.
He
yielded
to
their demand
1
rather
than risk Canadian
displeasure
by disallowing
the
Canadian
act,
though
he
disallowed
another Canadian act of
1 872. But
the latter was
a
partisan
measure
of doubtful
legality
which
the
new
governor
general
had declined
to veto or reserve lest
he
expose
himself
to the
charge
of
interfering
in
the
game
of
Canadian
politics.
This
charge
was leveled
at the
imperial
government
when the news reached Canada
that the
act was disallowed. There
is no other
example
of
imperial
disallowance
of
legislation
passed
by
the dominion.
The
royal
prerogative
of
mercy,
exercised
in
Britain
solely
on
the
advice of
the
cabinet,
was not so controlled
in
Canada. There the
governor
general
had
to
consult the cabinet and
then make his
own
independent
decision. To this too
the
Canadian
government
objected,
with the result
that the new instructions of 1878 limited
the
guberna-
torial
discretion
to
cases
involving
imperial
interests,
which in
practice
meant
that
thenceforth
the
control was
entirely
in the
hands
of the
Canadian
cabinet.
At
the
first
Colonial Conference
in
1887,
a New
Zealand
proposal
to
extend the Canadian
system
to the
other
colonies
failed
to
carry, having
attracted little
support
except
from the
Canadian
delegation.
In
the
conferring
of
titles
and lesser
honors,
the
role of the
governor
general
is obscure
for
the
simple
reason that he
did not
bestow
them.
1
In
the Australian Customs
Duties
Act of
1873.