Palmer and Collier to Cardwell

We are honored with your commands, signified in Sir Frederic Rogers'
letter of the 20th of March, ultimo, stating that he was directed by
you to request that we would take into consideration the following
circumstances.

A doubt has arisen, in Vancouver Island, whether the Governor can
give his assent to a Bill passed by the Legislative Council and
Assembly, after the expiration of the Legislative Session.

That the present Legislature of Vancouver Island was constituted
under Letters Patent of 16th May 1851, being the Commission of the
then Governor—now Sir James Douglas, modified, in certain respects,
by other Letters Patent of 8th October, 1862. That, on the
revocation of these Letters Patent, provisions to the same effect
were included in the Commission of the present Governor, Captain
Kennedy, of which a copy was enclosed. That that Commission provides
for the constitution of a Legislative Council, and the convening of a
Legislative Assembly, and empowers the Governor, with their consent,
to make laws for the peace &c.

That similar legislative Bodies are established in other Colonies,
sometimes by Letters Patent, sometimes by Act of Parliament, or local
Law. But neither in the Letters Patent constituting the Council of
Vancouver Island, nor (it is believed) in the Instructions
establishing any other Colonial Legislature, is any express provision
made for limiting the time within which the Governor may assent, on
behalf of Her Majesty, to a Bill passed by the Legislature.

That, in some small Colonies, legislation is effected, not by a single
Annual Session but by summoning the legislature
pro re natâ, as Laws are wanted.

Sir Frederic Rogers was further pleased to state, that, under these
circumstances, you desired to be informed, whether, in Vancouver
Island, and other Colonies possessing Representative Legislatures,
the assent of the Governor to any Bill, passed by such a Legislature,
must, in the absence of any express Legislative provision, be given
before the expiration of the Session, within which such Bill was
passed: and in case this necessity does not exist, whether there is
any limit, and, if so, what limit, to the period within which such
assent must be given?

In obedience to Your commands, we have taken this matter into
consideration, and have the honor to
Report,

That we do not think it is necessary, that the assent of the
Governor to any Bill, passed by such a Legislature as is supposed by
the question, should be given before the expiration of the Session,
within which such Bill was passed. If, indeed, it were provided by
the Constitution of any such Legislature, that the law and custom of
the British Parliament should, as far as practicable, be observed
therein, the point might admit of more question: but we conceive it
to be certin, that, when Bills passed by such Colonial Legislatures
are reserved for the signification of Her Majesty's pleasure thereon,
the Royal assent need not be given, and generally is not given, during
the Session in which the bill is passed: so that the usage, in such
cases, is generally different from that of the British Parliament.

We are not aware of any limit, within which the Governor's assent
must necessarily be given to a law passed by such a Colonial
Legislature, and not revoked or altered by any subsequent legislation.