Document Information

Date: 1873-11-13
By: Privy Council
Citation: Functions of the Prime Minister, 1873-1595 (RG2, Privy Council Office, Series A-1-a.)
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According to English Precedent, by which the opinion of the Governor General would naturally be guided — an outgoing administration has a right “to fill up vacancies,” even after they have tendered their resignation to the Crown. If this be so it can hardly be contended that the mere introduction of a vote of want of confidence into the House of Commons must of necessity paralyse such a right.

It must also be remembered that in the ordinary course of administration Ministers make arrangements and take the pleasure of Crown in regard to them, before they receive the formal sanction of an Order in Council, — the date therefore of the Order in Council cannot always be taken as an exact indication of the period when the appointments may have been [illegible] made.

It is also evident that the head of a Department, in [illegible], would have a legitimate claim to respect appointments — [illegible] them to be proper in themselves — to which he had pledged himself, and which had been accidentally postponed.

But it is equally evident that the exercise of this right of filling vacancies should be [illegible] with moderation and direction and within the limits described.

With regard to the particular appointments referred to in the above Report of the Committee of the Privy Council, His Excellency being advised that a great number of them cannot be justified on the foregoing principles, are unwarranted by the exigencies of the public service, and are inexpedient, has no difficulty in assenting to the recommendation submitted to him, and approves the Minute accordingly.

Dufferin