Page:The founding of South Australia.djvu/156

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150
THE FOUNDING OF SOUTH AUSTRALIA.


from personal liability to the lenders for any loans which they may so raise, or on any bonds which they may issue. But Lord Aberdeen does not perceive in this Act any declaration that the commissioners shall not be accountable to the Lords of the Treasury for the receipts and payments effected by their treasurer with their order or concurrence. His Lordship presumes that all the money which they shall receive as commissioners must be considered as part of the King's revenue, and that the commissioners, not being a corporate body, must be regarded only as His Majesty's agents (though appointed under the authority of Parliament) for the management, receipt and expenditure of that part of the revenue of the Crown. The treasurer being their nominee, liable to removal at their bidding, and by no other authority, and giving securities subject only to their approbation, would seem to be in effect their agent, for whose acts they would be answerable to the Lords of the Treasury. In confirmation of this view of the subject, it may be noticed that the Governor of New South Wales (in common with the Governors of His Majesty's Colonies) is held responsible to the Lords of the Treasury for all issues of money made by the Colonial Treasurer with his sanction, although the Colonial Treasurer is appointed, and, when necessary, removed, by the Crown, and enters into such securities as the Lords of the Treasury prescribe.

"Lord Aberdeen being led to apprehend from the tenor of your letter, and from the language of the enclosures, that the gentlemen proposing to act as commissioners consider themselves as completely irresponsible to the Lords of the Treasury, his Lordship thinks it right that their attention should be distinctly drawn to the question in order that they may, if necessary, by consulting His Majesty's Attorney, and Solicitor-General, ascertain what would be the legal consequences in this respect of their undertaking the