§ 57. “Salary of the Governor-General.”
“On May 22, 1868, at the close of the first session of Parliament of the new Dominion of Canada, an Act passed by the Senate and House of Commons ‘to fix the salary of the Governor-General’ was reserved for the consideration of Her Majesty's pleasure thereon. It was proposed, by this Act, to reduce the salary of the Governor-General from £10,000, at which rate it had been fixed by the Imperial Act of Union, in 1867 (subject to alteration by the Parliament of Canada), to £6,500. But on July 30, 1868, the Secretary of State for the Colonies notified Lord Monck (the Governor-General) that while it was ‘with reluctance, and only on serious occasions, that the Queen's government can advise Her Majesty to withhold the royal sanction from a bill which has passed two branches of the Canadian Parliament,’ yet that a regard for the interests of Canada, and a well-founded apprehension that a reduction in the salary of the Governor which would place the office, as far as salary is a standard of recognition, in the third class among colonial governments, obliged Her Majesty's Government to advise that this bill should not be permitted to become law. In accordance with the opinions entertained by the Imperial Government on this subject, and with the right to legislate thereon, which was expressly conferred upon the Parliament of Canada by the 105th section of the British North America Act, the Dominion Parliament, in 1869, re enacted, by their own authority, the clause of the Imperial statute which fixed the salary of the Governor-General at £10,000 sterling, the same to be payable out of the consolidated revenue of Canada. This Act was necessarily reserved, under the royal instructions; but it received the assent of Her Majesty in council on August 7, 1869. From this date, no further attempt has been made to reduce the salary of the Governor-General.” (Todd, Parl. Gov. in the Col., 2nd ed., p. 177.)
“The present compensation of the President of the United States, as fixed by statute, is $50,000 per annum, together with the use, as a residence, of the executive mansion, and of the furniture and effects kept therein.” (Burgess, Political Sc., II. p. 244.)
“I think we might trust the Federal Parliament with fixing the amount, and then, of course, there will be an after-clause that the salary of no Governor-General is to be changed during his term of office. That is only fair. But we might trust the Federal Parliament with saying from time to time how much salary should be paid to the Governor-General.” (Mr. H. B. Higgins, Conv. Deb., Adel. [1897], p. 629.)
“I beg to say that the object of the Constitutional Committee was to lift this question of the salary of the Governor-General above that incessant nagging and criticism which has given rise to some of the most discreditable episodes in our political life. We have had in our various Parliaments all sorts of questions as to the value of a Governor, or the value of our connection with the British Crown, with a view to diminish his salary. The Governor-General is the only constitutional link we have between the mother-country and ourselves, and £10,000 is not too small a sum; indeed, everyone will admit that it is a fair salary. This is the salary of the President of the United States, and the object of the Constitutional Committee was to lift the office of the Governor-General, and the person himself, above the attacks to which I have referred—attacks which are made by persons who either despise the British Crown, or wish to subvert the
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position of the Governor-General. Under cover of these arguments, attacks are made upon the individuals who represent the Queen in the different colonies. As the Governor-General is to be a visible link between the British empire and ourselves, we should place him beyond the possibility of any trafficking being indulged in about the question of salary.” (Mr. G. H. Reid, id., p. 629.)
“I feel as strongly as Mr. Reid does the undesirability of frequent attacks upon the Governor, or his salary, or his perquisites, or anything else that belongs to him; but I am afraid that liability to attack would not be at all lessened if people were disposed to make it by inserting this provision for a fixed salary. My own inclination is that the reverse would be the case, because if people were disposed to cast unpleasant aspersions upon the Governor-General they would be more likely to do so if they could not relieve any antagonistic feeling they had by reducing his salary or that of his successors. There is a great deal of human nature in man, and if people, however fair they might wish to be, felt they could not gratify in any other way the criticism they may wish to indulge in, they would indulge in it with a great deal more acerbity if they could not touch the salary of the Governor-General or his successor. We may very fairly leave it with the Federal Parliament we are going to constitute, and the men who will compose this Senate and House of Representatives, to deal fairly and honourably with the Governor-General and his salary.” (Mr. J. H. Symon, id., p. 630.)
Provisions relating to Governor-General.
4. The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being, or such person as the Queen may appoint58 to administer the Government of the Commonwealth; but no such person shall be entitled to receive any salary from the Commonwealth in respect of any other office59 during his administration of the Government of the Commonwealth.
CANADA.—The provisions of this Act referring to the Governor-General extend and apply to the Governor-General for the time being of Canada, or other the Chief Executive Officer or Administrator for the time being carrying on the Government of Canada on behalf and in the name of the Queen, by whatever title he is designated.—B.N.A. Act, 1867, sec. 10.HISTORICAL NOTE.—Clause 4, Chap. I., of the Commonwealth Bill of 1891 was as follows:—
“The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being or other the Chief Executive Officer or Administrator of the Government of the Commonwealth, by whatever title he is designated.”
At the Adelaide session, 1897, the clause was introduced as follows:—
“The provisions of this Constitution relating to the Governor-General extend and apply to the Governor-General for the time being, or such other person as the Queen may appoint to be the Chief Executive Officer or Administrator of the Government of the Commonwealth; but no such person shall be entitled to receive any salary in respect of any other office under the Crown during his administration of the Government of the Commonwealth.”
In Committee the words “under the Crown” were omitted, and “from the Commonwealth” inserted after “salary.” (Conv. Deb., Adel., pp. 633-5) At the Melbourne session, drafting amendments were made after the fourth report.