[40:1] Lee, "Life of Queen Victoria," 74-75.

[40:2] Parker, "Sir Robert Peel," II., 415 _et seq._

[40:3] English Const., 1 Ed., 103.

[41:1] Gladstone, "Gleanings of Past Years," I., 85.

[41:2] Morley, "Life of Walpole," 155.

[41:3] This was in 1880. Lee, "Life of Queen Victoria," 451.

[42:1] "Gleanings of Past Years," I., 86, 87.

[42:2] For the same reason the President of the Board of Control

objected in 1842, when Lord Ellenborough, the Governor General of India,

took upon himself to write directly to the Queen, a proceeding which

would undoubtedly not be permitted to-day. Parker, "Life of Sir Robert

Peel," II., 591.

In 1885 Lord Randolph Churchill tendered his resignation as Secretary of

State for India, because the Prime Minister, without consulting him, had

transmitted to the Viceroy a suggestion by the Queen that one of her

sons should be appointed to the command of the forces in Bombay. The

appointment was not made, and Lord Randolph withdrew his resignation.

Winston Churchill, "Life of Lord Randolph Churchill," I., 503-13.

[43:1] _Cf._ Dicey, "Law of the Constitution," 5 Ed., 392.

[43:2] _Cf._ Parker, "Life of Sir Robert Peel," I., 334.

[44:1] I., 42.

[44:2] Lee, "Life of Queen Victoria," 133, 295, 387, and see page 39,

note 2, _supra_.

[45:1] Morley, "Life of Gladstone," II., 267 _et seq._ Davidson and

Benham, "Life of Archbishop Tait," 2 Ed., II., 20-27, 35-36, 40-42.

[45:2] Lee, "Life of Queen Victoria," 266, 302.

[45:3] 33-34 Vic., c. 17. Order in Council, June 4, 1870.

[45:4] _Cf._ Lee, "Life of Queen Victoria," 299, 336, 349.

[46:1] Morley, "Life of Walpole," 159. But see Morley, "Life of

Gladstone," I., 415.

[46:2] Pp. 544-45.

[46:3] "Croker Papers," II., 317. A couple of years earlier Peel had

dreaded the advent of a ministry that might appear to be dictated to the

King by the House of Commons, and continue in office independently of

his will and control. Parker, "Sir Robert Peel," II., 302. No statesman

would repeat either of these remarks to-day.

[46:4] In Prince Albert's letter to his daughter, the Crown Princess of

Prussia, on the advantages of a responsible ministry, he speaks of the

power of the monarch to settle the principles on which political action

is to be based, in terms not applicable in England. Martin, "Life of the

Prince Consort," IV., 218.

[48:1] "Life of Victoria," Pref., vii-viii.

[51:1] _The Times_, Sept. 17, 1903.

[52:1] Hans., 4 Ser. XCIV., 1500. The Civil List of Edward VII. was

fixed at his accession at 543,000_l._, to which must be added about

60,000_l._ of revenues from the Duchy of Lancaster, and also the

revenues from the Duchy of Cornwall which go to the heir apparent as

Duke of Cornwall. Rep. Com. on Civil List, Com. Papers, 1901, V., 607.

CHAPTER III

THE CABINET AND THE MINISTERS

[Sidenote: Absence of Fixed Traditions.]

A German professor in a lecture on anatomy is reported to have said to

his class, "Gentlemen, we now come to the spleen. About the functions of

the spleen, gentlemen, we know nothing. So much for the spleen." It is

with such feelings that one enters upon the task of writing a chapter

upon the cabinet; although that body has become more and more, decade by

decade, the motive power of all political action. The fact is that the

cabinet from its very nature can hardly have fixed traditions. In the

first place, it has no legal status as an organ of government, but is an

informal body, unknown to the law, whose business is to bring about a

cooperation among the different forces of the state without interfering

with their legal independence. Its action must, therefore, be of an

informal character. Then it meets in secret, and no records of its

proceedings are kept, which would in itself make very difficult the

establishment and preservation of a tradition. This could, indeed,

happen only in case of a certain permanence among the members who could

learn and transmit its practice. But a new cabinet contains under

ordinary circumstances none of the members of its predecessor. A

Conservative minister knows nothing of the procedure under Liberal

administrations; and we find even a man of the experience of Sir Robert

Peel asking Sir James Graham about the practice of a Liberal cabinet, of

which that statesman--who at this time changed his party every

decade--had formerly been a member.[53:1] No doubt the mode of

transacting business varies a good deal from one cabinet to another,

depending to a great extent upon the personal qualities of the members.

Still, the real nature of the work to be done, and hence the method of

doing it, have changed during the last half century less in the case of

the cabinet than of any of the other political organs of the state, and

one can observe certain general characteristics that may be noted.

[Sidenote: Nature of the Cabinet.]

The conventions of the constitution have limited and regulated the

exercise of all legal powers by the regular organs of the state in such

a way as to vest the main authority of the central government--the

driving and the steering force--in the hands of a body entirely unknown

to the law. The members of the cabinet are now always the holders of

public offices created by law; but their possession of those offices by

no means determines their activity as members of the cabinet. They have,

indeed, two functions. Individually, as officials, they do the executive

work of the state and administer its departments; collectively they

direct the general policy of the government, and this they do

irrespective of their individual authority as officials. Their several

administrative duties, and their collective functions are quite

distinct; and may, in the case of a particular person, have little or no

connection. The Lord Privy Seal, for example, has no administrative

duties whatever; and it is conceivable that the work of other members

might not come before the cabinet during the whole life of the ministry.

[Sidenote: Functions of the Cabinet.]

The essential function of the cabinet is to coordinate and guide the

political action of the different branches of the government, and thus

create a consistent policy. Bagehot called it a hyphen that joins, a

buckle that fastens, the executive and legislative together; and in

another place he speaks of it as a committee of Parliament chosen to

rule the nation. More strictly, it is a committee of the party that has

a majority in the House of Commons. The minority are not represented

upon it; and in this it differs from every other parliamentary

committee. The distinction is so obvious to us to-day, we are so

accustomed to government by party wherever popular institutions

prevail, that we are apt to forget the importance of the fact. Party

government as a system has developed comparatively recently; but it has

now become almost universal. The only exception among democratic

countries (that is, the only case where the executive body habitually

contains members of opposing parties) is in Switzerland. Still the

system is carried to a greater extent in some countries than in others;

and the amount of power concentrated in the hands of a single party

leader, or a body of party leaders, varies very much. The President of

the United States, for example, is the representative of a party; but he

rules the nation only in part. The legislature is neither in theory or

in practice under his control; and this is so far true that even when

Congress is of the same party as himself, neither he nor any committee

of the party so controls both executive and legislative that any one

body can be said to rule the nation. But where the parliamentary system

prevails, the cabinet, virtually combining in its own hands, as it does,

the legislative and executive authorities, may fairly be said to rule

the nation; although the degree in which this is true must depend upon

the extent of its real control over the legislature. Now, although the

legal power of the executive government is in some respects less in

England than in most continental countries, the actual control of the

cabinet over the legislature is greater than anywhere else.

The cabinet is selected by the party, not directly, but indirectly, yet

for that very reason represents it the better. Direct election is apt to

mean strife within the party, resulting in a choice that represents the

views of one section as opposed to those of another, or else in a

compromise on colourless persons; while the existing indirect selection

results practically in taking the men, and all the men, who have forced

themselves into the front rank of the party and acquired influence in

Parliament. The minority of the House of Commons is not represented in

the cabinet; but the whole of the majority is now habitually

represented, all the more prominent leaders from every section of the

party being admitted. In its essence, therefore, the cabinet is an

informal but permanent caucus of the parliamentary chiefs of the party

in power--and it must be remembered that the chiefs of the party are all

in Parliament. Its object is to secure the cohesion without which the

party cannot retain a majority in the House of Commons and remain in

power. The machinery is one of wheels within wheels; the outside ring

consisting of the party that has a majority in the House of Commons; the

next ring being the ministry, which contains the men who are most active

within that party; and the smallest of all being the cabinet, containing

the real leaders or chiefs. By this means is secured that unity of party

action which depends upon placing the directing power in the hands of a

body small enough to agree, and influential enough to control. There

have, of course, been times when the majority was not sufficiently

homogeneous to unite in a cabinet; when a ministry of one party has

depended for its majority upon the support of a detached group holding

the balance of power. The Peelites in 1850, the Liberal Unionists in

1886, and the Irish Nationalists in 1892 formed groups of this kind; but

such a condition of things is in its nature temporary and transitional,

and usually gives place to a coalition ministry, followed by party

amalgamation.

[Sidenote: Formation of the Cabinet.]

The statesman sent for by the Crown and intrusted with the formation of

a ministry becomes himself the Prime Minister, and selects his

colleagues. It may be added, also, that he has virtually power to

dismiss a minister; that is, subject to his responsibility to the

cabinet as a whole and to Parliament, he can request the Crown to

dismiss a colleague--a request which the Crown cannot practically

refuse.[56:1] In the selection of the cabinet his choice is, however,

decidedly limited both as to persons and offices. In the first place,

all the men still in active public life who served in the last cabinet

of the party have a claim, a very strong claim, to sit in the new

cabinet, and hence it is unusual to discard a man who is willing to

return to office.[57:1] This in itself fills a goodly number of the

cabinet positions. Then all the prominent leaders in Parliament, and

especially in the House of Commons, must be included. In fact, as Mr.

Bagehot puts it, the Prime Minister's independent choice extends rather

to the division of the cabinet offices than to the choice of cabinet

ministers. Still, he has some latitude in regard to the men whom he will

admit; especially the younger men, who are appointed to offices in the

ministry but not in the cabinet, and this may be a matter of great

moment. One cannot tell, for example, how different the history of

Parliament in the middle of the century might have been had Peel decided

to invite Disraeli to join his ministry in 1841.[57:2] Although the

Prime Minister has by no means a free hand in the selection of his

colleagues, the task is often extremely difficult and vexatious. It is

like that of constructing a figure out of blocks which are too numerous

for the purpose, and which are not of shapes to fit perfectly together;

for with the selection of the members of the cabinet the difficulties

are by no means over. The distribution of the offices among them may

raise additional problems. One man will take only a particular office,

while others may object to serving if he occupies that post. Where

parties are a good deal broken up, or are evenly divided, obstacles like

these have sometimes prevented the formation of a cabinet altogether;

and there is always some disappointment and consequent discontent on the

part of men who thought themselves sufficiently prominent to be

admitted to the ministry, and whose chagrin may drive them into an

independent attitude.

There are, indeed, two ways in which an ambitious young member of the

House of Commons can render his services indispensable to the Prime

Minister. He must, of course, first get the ear of the House, and make

himself a power there. Then he may vote regularly with the party whips,

support the leaders of his party on all occasions, and speak in their

favour whenever he can be of use to them. In that case he is likely to

be regarded as a promising young man of sound principles who can be

relied upon by his chiefs. Or, he may follow the opposite course of the

candid friend, criticising and even attacking the leader of his party,

showing the weak points in his arguments, and the errors in his policy.

In that case, if the young man has achieved so important a position that

he cannot be disregarded, he stands a good chance of being given an

office as a dangerous critic who must be conciliated and attached firmly

to the government. The first of these methods is slower but safer. The

second has sometimes been tried with startling success, notably in the

case of Lord Randolph Churchill; but it has also been tried too

obviously, and without the necessary social or parliamentary influence;

and when it does not succeed it is likely to leave its victim hopelessly

stranded below the gangway.

[Sidenote: Increase in Size.]

The number of members in the cabinet has varied very much at different

times,[58:1] and of late years it has shown a marked tendency to

increase. William Pitt had only six colleagues. A generation ago the

cabinets contained from a dozen to sixteen members; but they have now

run up to eighteen or twenty. There are several reasons for the change.

In the first place, as the sphere of the state activity extends and the

government grows more paternal, the range of affairs that come within

the action of the cabinet is greater; and hence from time to time there

is need of admitting a representative of some fresh department to its

consultations. Then, on the political side, the development of the

parliamentary system has made it necessary for the cabinet to have an

ever stronger and stronger hold upon the House of Commons; and,

therefore, the different shades of feeling in the party that has a

majority in that House must be more and more fully represented in the

cabinet. This alone would tend to increase the number of its members;

but far more important still is the fact that a seat in the cabinet has

become the ambition of all the prominent men in Parliament. Consequently

the desire to be included is very great, and the disappointment

correspondingly acute. For these various reasons there is a constant

pressure to increase the size of the cabinet. The result is not without

its evils. A score of men cannot discuss and agree on a policy with the

same readiness as a dozen. There is more danger of delay when action

must be taken. There is a greater probability of long discussions that

are inconclusive or result in a weak compromise. There is, in short, all

the lack of administrative efficiency which a larger body always

presents; unless, indeed, that body is virtually guided and controlled

by a small number of its own members. That some recent cabinets have

been actually so controlled there can be little doubt; and this must

become more and more the case as the cabinet grows larger, if it is to

retain its great suppleness and strength. One sometimes hears of an

interior junto, or cabinet within the cabinet, that really determines

the policy. This is undoubtedly an exaggeration; a giving of formal

shape to informal conferences among leaders on special questions, which

have always taken place; but it appears not improbable that if the

growth in the size of the cabinet continues, some such interior nucleus

may develop which will bear to the cabinet something of the relation

that the cabinet now bears to the ministry.

[Sidenote: Offices in the Cabinet.]

Certain offices always bring their holders into the cabinet. These are

the positions of First Lord of the Treasury (a post almost invariably

held either by the Prime Minister himself, or by the leader of the

House of Commons if the Prime Minister is a peer and takes some other

office); Lord Chancellor (a great political as well as judicial office);

the great English executive offices, those of the Chancellor of the

Exchequer, the five Secretaries of State, and the First Lord of the

Admiralty; and a couple of dignified positions without active

administrative duties, those of President of the Council and the Lord

Privy Seal. Certain other officers have been of late years always in the

cabinet; such are the Presidents of the Board of Trade, the Local

Government Board, and the Board of Education, and the Chief Secretary

for Ireland,--except when his nominal superior, the Lord Lieutenant for

Ireland, is himself a member. On the other hand, the Secretary for

Scotland and the Chancellor of the Duchy of Lancaster are usually in the

cabinet; while the President of the Board of Agriculture and the

Postmaster-General are often there; the First Commissioner of Works and

the Lord Chancellor for Ireland occasionally so. The tendency at the

present day is certainly in the direction of including the head of every

considerable branch of the administration.

The counsel of a statesman who was incapacitated for the performance of

steady administrative work, or unwilling to undertake it, was

occasionally secured in former times by giving him a seat in the cabinet

without any office under the Crown. He then became what is known on the

continent as a minister without portfolio. The last case of this kind in

England was that of Lord John Russell in 1854-1856; but the same object

is practically attained to-day by means of the office of Lord Privy

Seal,[60:1] which involves no real administrative duties, and those of

President of the Council,[60:2] and Chancellor of the Duchy of

Lancaster, where the duties are very light.

[Sidenote: The Ministers must have Seats in Parliament.]

As the continental practice whereby ministers are allowed to address

the legislature, whether they have seats in it or not, is unknown in

England, every member of the cabinet, and indeed of the ministry, must

have a seat in one or other House of Parliament;[61:1] the last

exception being that of Mr. Gladstone, who held the office of Secretary

of State for the Colonies during the last few months of Sir Robert

Peel's administration in 1846, although he had failed of reelection to

the House of Commons.[61:2] The reason commonly given for such a

limitation in the selection of ministers is that otherwise they could

not be made responsible to Parliament, where they must be present in

order to answer questions, and give information relating to their

departments. From the standpoint of Parliament this is perfectly true,

but the converse is also true. The head of a department sits in the

House of Commons quite as much in order to control the House, as in

order that the House may control him. In his chapter on "Changes of

Ministry," Bagehot has shown how defenceless against attack any

department is sure to be without a spokesman in Parliament, and he cites

as a forcible illustration the fate of the first Poor Law

Commission.[61:3] All this applies, of course, only to the House of

Commons, for although the presence of ministers in the House of Lords is

a convenience in debate, and an appropriate recognition of the legal

equality of the two chambers, there is no responsibility to be secured

thereby, and it is not the essential means of controlling the action of

the peers.

[Sidenote: The Cabinet System and Administrative Efficiency.]

The men who win places in the ministry have usually, although by no

means invariably, made their mark in debate. It is a strange assumption

that a good talker must be a good administrator, and that a strong

government can be formed by parcelling out the offices among the leading

debaters in the legislative body. At first sight it appears as

irrational as the other corollary of the parliamentary system, that the

public service is promoted by dismissing an excellent foreign minister,

because the House of Commons does not like an unpopular clause in an

education bill. Any one with a sense of humour can point out the

incongruities in any human organisation, whether it works in practice

well or ill. But there is, in fact, reason to expect that a leading

debater will make a good head of a department. Influence is rarely

acquired over a body so permanent as the House of Commons by mere showy

eloquence. Real weight there must be based upon a knowledge of men, and

a power to master facts and grasp the essential points in a situation.

It must be based, in other words, upon the qualities most essential to a

good head of a department in a government where, as in England, the

technical knowledge, the traditions, and the orderly conduct of affairs,

are secured by a corps of highly efficient permanent officials. No doubt

all leading debaters do not make good administrators. Sometimes a

minister is negligent or ineffective, and occasionally he is rash. There

are men, also, who have outlived their usefulness, or who were once

thought very promising, and have not fulfilled their promise, but who

cannot be discarded and must be given a post of more or less importance.

The system works, however, on the whole very well, and supplies to the

government offices a few extraordinary, and many fairly efficient,

chiefs, although it puts some departments under the control of poor

administrators.

The power of creating peers would make it possible to select for the

head of a department a tried administrator altogether outside of the

parliamentary field. Something like this was attempted in the recent

case of Lord Milner, who was offered, on Mr. Chamberlain's resignation,

the post of Secretary of State for the Colonies. Lord Milner was,

indeed, a peer at the time the place was tendered to him, but he had

attended in the House of Lords only to take his seat. He had never

spoken or voted there, and in fact had had no parliamentary career, his

nearest approach to St. Stephens having consisted in standing on one

occasion as a candidate for the House of Commons without success.

Formerly a statesman regularly began his official life as a

parliamentary under-secretary; and he did not become the head of a

department, or win a seat in the cabinet, until he had in this way

served his apprenticeship in public administration--a practice which

furnished both a guarantee of experience and a test of executive

capacity. Of late years there have been a number of exceptions to this

rule. Mr. Chamberlain, Lord Randolph Churchill, Mr. Morley and Mr.

Birrell, for example, were admitted to the cabinet, and put at the head

of great departments without any previous training in the service of the

government. As a rule, however, the old system is likely to prevail,

because it is difficult for a man to make his mark in Parliament unless

he begins his work there very young; and the exceptions occur only in

cases of men of great ability.

[Sidenote: The Need of Unity in the Cabinet.]

In the earlier part of the century, before the party system had

developed as fully as it has to-day, complete unity in the cabinet was

much less necessary than it is now. At that time it was not uncommon to

have matters, sometimes very important ones, treated as open questions

in the cabinet, and a good deal of discussion has taken place upon the

advantages and the evils of such a practice.[63:1] Members of the

cabinet occasionally spoke and voted against government measures,

although a difference carried to that length was always rare. One even

finds colleagues in the ministry standing as opposing candidates at an

election.[63:2] Such occurrences would be impossible to-day, because, as

will appear more fully when we come to treat of the political parties,

parliamentary government in its present highly developed form requires

a very strong cohesion among the members of the majority in the House of

Commons, and, therefore, absolute harmony, or the appearance of harmony,

among their leaders. It is necessary to present a united front to the

Opposition, but if the trumpet give an uncertain sound, who shall

prepare himself for the battle? Any one watching the course of events

during the early summer of 1903 must have observed how rapidly the

process of disintegration went on in the Conservative party while it was

known that the ministers were at odds over the tariff. Party cohesion,

both in the House and in the cabinet, is, indeed, an essential feature

of the parliamentary system; but since men, however united on general

principles, do not by nature think alike in all things, differences of

opinion must constantly arise within the cabinet itself.[64:1] Sometimes

they are pushed so far that they can be settled only by a division or

vote, but this is exceptional, for the object of the members is, if

possible, to agree, not to obtain a majority of voices and override the

rest.[64:2] The work of every cabinet must, therefore, involve a series

of compromises and concessions, the more so because the members

represent the varying shades of opinion comprised in the party in power.

A minister who belongs to one wing of the party may, in fact, be more

nearly in accord with a member of the front Opposition Bench than with

some colleague who stands at the other political pole of opinion, and

yet he will stay in the cabinet unless the measures proposed are such

that he feels conscientiously obliged to resign. So long as he remains

in the government he will attempt to agree with his colleagues, but when

he has finally left them his personal opinions will take full course,

and he may go off at a tangent. In this way the behaviour of an

ex-minister towards his former colleagues, which is sometimes attributed

to rancour, may very well be due to a natural expansion of opinions

which were held in check while he clung to the cabinet.

[Sidenote: Need of Secrecy.]

Men engaged in a common cause who come together for the purpose of

reaching an agreement usually succeed, provided their differences of

opinion are not made public. But without secrecy harmony of views is

well-nigh unattainable; for if the contradictory opinions held by

members of the cabinet were once made public it would be impossible

afterwards to make the concessions necessary to a compromise, without

the loss of public reputation for consistency and force of character.

Moreover a knowledge of the initial divergence of views among the

ministers would vastly increase the difficulty of rallying the whole

party in support of the policy finally adopted, and would offer

vulnerable points to the attacks of the Opposition. Secrecy is,

therefore, an essential part of the parliamentary system, and hence it

is the habit, while making public the fact that a meeting of the cabinet

has taken place, and the names of the members present, to give no

statement of the business transacted. Not only is no official notice of

the proceedings published, but it is no less important that they should

not be in any way divulged. In fact, by a well-recognised custom, it is

highly improper to refer in Parliament, or elsewhere, to what has been

said or done at meetings of the cabinet, although reticence must at

times place certain members in a very uncomfortable position.[65:1]

Occasionally it becomes well-nigh intolerable. This is true where a

cabinet breaks up owing to dissensions over an issue that excites keen

public interest, and in such cases the story of what happened may be

told in a way that would be thought inexcusable under other

circumstances.[66:1]

When we consider the great public interest that attaches to the

decisions of the cabinet, and the great value that premature information

would have for journalists and speculators, it is astonishing how little

cabinet secrets have leaked out. In curious contrast with this are the

reports of select committees of Parliament, the contents of which are

often known before the report is made,[66:2] probably in most cases not

from any deliberate disclosure, but as a result of the piecing together

of small bits of information, no one of which alone would seem to be a

betrayal of confidence. The reason this does not happen in the case of

cabinets is no doubt to be sought in the complete reliance of the

members upon one another, and their disbelief in the statements of any

one who pretends to have obtained information from a colleague. The best

proof of the real silence of ministers is found in the fact that

although on two or three occasions the press has been remarkably shrewd

in guessing at probable decisions, members of the cabinet have seldom

been guilty of talking indiscreetly. The one or two instances where it

is alleged to have occurred have, indeed, acquired the sort of notoriety

of exceptions that prove the rule.[66:3]

At one time, it seems, before the reign of Queen Victoria, minutes of

cabinet meetings were kept, showing the opinions held, with the reasons

given therefor, and these were transmitted to the King.[67:1] Even as

late as 1855 regular cabinet dinners took place, marked by the possible

convenience that no reports of the topics of discussion were sent to the

sovereign, as in the case of more formal meetings.[67:2] At the present

day he receives only a general statement of the matters discussed, with

formal minutes of decisions that require his approval; and it would be

considered improper to inform him of the conflicting opinions held by

the different ministers.[67:3] In fact no records of the cabinet are

kept. This results in occasional differences of recollection on the

question whether a definite conclusion was reached on certain matters or

not; but possible difficulties of that kind are probably of far less

consequence than the facility in compromising differences of opinion and

reaching a harmonious conclusion that comes from the entire informality

of the proceedings. So little formal, indeed, are the meetings that a

person not a member of the cabinet is occasionally brought in for

consultation. This occurred in 1848, for example, when the Duke of

Wellington attended a Liberal cabinet to give advice upon measures to be

taken in view of the danger of the Chartist riots.

[Sidenote: Times of Meeting.]

It is an old practice, and obviously a necessary one, to hold one or

more meetings of the cabinet in the autumn to consider the measures to

be presented to Parliament during the coming session; to arrange, as it

were, the government's parliamentary programme. Other meetings are held

from time to time whenever necessary; sometimes as often as once a week

during the session; occasionally even more frequently when urgent and

difficult matters are to be decided. After the session of Parliament

comes to an end in August, the ministers usually take their vacation in

travel, sport, or public speaking; and cabinet meetings are suspended

unless political questions of a pressing nature arise.

In the rare cases where the cabinet is obliged to settle its policy by

the crude method of a division or vote, the voices of its members count

alike; but questions are usually decided by preponderance of opinion,

not by votes; and the weight of the opinions of the ministers is

naturally very unequal. Such a difference must be particularly marked in

the large cabinets of the present day; and some of the members must be

perfectly well aware that they are expected to follow rather than to

lead. The relative influence of the different ministers over their

colleagues, both at the cabinet meetings and elsewhere, depends, of

course, primarily upon their personal qualities; although the post

occupied is, in some cases, not without importance. This is particularly

true in the case of the Prime Minister.

[Sidenote: The Prime Minister.]

Until 1906 the Prime Minister, like the cabinet itself, was unknown to

the law,[68:1] but the position has long been one of large though

somewhat ill-defined authority. It has grown with the growth of the

cabinet itself; and, indeed, the administrations of the great Prime

Ministers, such as Walpole, Pitt and Peel, are landmarks in the

evolution of the system.[68:2] We have, fortunately, from two of the

chief Prime Ministers in the latter half of the nineteenth century,

descriptions both of the cabinet and the premiership, which are

authoritative;[68:3] and although they do not add a great deal to what

is popularly known, they enable us to state it with greater confidence.

At the meetings of the cabinet the Prime Minister as chairman is no

doubt merely _primus inter pares_. His opinion carries peculiar weight

with his colleagues mainly by the force it derives from his character,

ability, experience and reputation; but apart from cabinet meetings he

has an authority that is real, though not always the same or easy to

define.

In the first place the Prime Minister has a considerable patronage at

his disposal. Subject to the limitations imposed by political

exigencies, he virtually appoints all the members of the ministry. The

ecclesiastical offices also, from the bishoprics to the larger livings

in the gift of the Crown, are bestowed on his recommendation; and so as

a rule are peerages and other honours; and he has a general presumptive

right to nominate to any new office that is established under the

Crown.[69:1]

[Sidenote: His Supervision.]

He is both an official channel of communication and an informal

mediator. The duties of the Prime Minister, if one may use the

expression, surround the cabinet. He stands in a sense between it and

all the other forces in the state with which it may come into contact,

and he even stands between it and its own members. Matters of

exceptional importance ought to be brought to his attention before they

are discussed in the cabinet; and any differences that may arise between

any two ministers, or the departments over which they preside, should be

submitted to him for decision, subject, of course, to a possible appeal

to the cabinet. He is supposed to exercise a general supervision over

all the departments. Nothing of moment that relates to the general

policy of the government, or that may affect seriously the efficiency of

the service, ought to be transacted without his advice. He has a right

to expect, for example, to be consulted about the filling of the highest

posts in the permanent civil service.[69:2] All this is true of every

branch of the government, but the foreign relations of the country are

subject to his oversight in a peculiar degree, for he is supposed to

see all the important despatches before they are sent, and be kept

constantly informed by the Foreign Secretary of the state of relations

with other powers.

The extent to which a Prime Minister actually supervises and controls

the several departments must, of course, vary in different cabinets. One

cannot read the memoirs of Sir Robert Peel without seeing how closely he

watched, and how much he guided, every department of the

government.[70:1] A score of years later we find Lord Palmerston

lamenting that when able men fill every post it is impossible for the

Prime Minister to exercise the same decisive influence on public

policy;[70:2] and recently Lord Rosebery has told us that owing to the

widening of the activity of the government no Premier could, at the

present day, exert the control that Peel had over the various branches

of the public service.[70:3] It is certain that a Prime Minister cannot

maintain such a control if his time is taken up by the conduct of a

special department; and this, combined with some natural recklessness in

speech, accounts for the strange ignorance that Lord Salisbury displayed

at times about the details of administration, as in the case when he

excused the lack of military preparation for the South African War on

the ground that the Boers had misled the British War Office by smuggling

guns into the country in locomotives and munitions of war in

pianos.[70:4] It has been usual, therefore, for the Prime Minister to

take the office of First Lord of the Treasury, which involves very

little administrative work, and leaves its occupant free for his more

general duties.[70:5]

[Sidenote: He Represents the Cabinet.]

The Prime Minister stands between the Crown and the cabinet; for

although the King may, and sometimes does, communicate with a minister

about the affairs relating to his own department, it is the Premier who

acts as the connecting link with the cabinet as a whole, and

communicates to him their collective opinion. To such an extent is he

the representative of the cabinet in its relations to the Crown that

whereas the resignation of any other minister creates only a vacancy,

the resignation of a Premier dissolves the cabinet altogether; and even

when his successor is selected from among his former colleagues, and not

another change is made, yet the loss of the Premier involves technically

the formation of a new cabinet.

Unless the Prime Minister is a peer he represents the cabinet as a whole

in the House of Commons, making there any statements of a general

nature, such as relate, for example, to the amount of time the

government will need for its measures, or to the question of what bills

it will proceed with, and how far the lack of time will compel it to

abandon the rest. The other ministers usually speak only about matters

in which they are directly concerned. They defend the appropriations,

explain the measures, and answer the questions relating to their own

departments; but they do not ordinarily take any active part in the

discussion of other subjects, unless a debate lasts for two or three

days, when one or more of them may be needed. They are, indeed, often so

busy in their own rooms at the House that it is not uncommon, when a

government measure of second-rate importance is in progress, to see the

Treasury Bench entirely deserted except for the minister in charge of

the bill. But the Prime Minister must keep a careful watch on the

progress of all government measures; and he is expected to speak not

only on all general questions, but on all the most important government

bills. He can do this, of course, only in the House of which he happens

to be a member; and the strength of his all-pervading influence upon the

government depends to no slight extent upon the question whether he

sits in the Lords or the Commons.

As the House of Commons is the place where the great battles of the

parties are fought, a Prime Minister who is a peer is in something of

the position of a commander-in-chief who is not present with the forces

in the field. He must send his directions from afar, and trust a

lieutenant to carry them out. In such a case the leader of the House of

Commons stands in something of the position of a deputy premier. He is,

of necessity, constantly consulted by his colleagues in the House, and

he can, if so disposed, draw into his own hands a part of the authority

belonging to the head of the cabinet. As Mr. Gladstone remarked, "The

overweight, again, of the House of Commons is apt, other things being

equal, to bring its Leader inconveniently near in power to a Prime

Minister who is a peer. He can play off the House of Commons against his

chief; and instances might be cited, though they are happily most rare,

when he has served him very ugly tricks."[72:1] It is certainly true

that the Prime Ministers who have most dominated their cabinets, and

have had their administrations most fully under their control, have all

been in the Commons. It may be added that a high authority has declared

that "no administrations are so successful as those where the distance

in parliamentary authority, party influence, and popular position,

between the Prime Minister and his colleagues in the cabinet, is wide,

recognised and decisive."[72:2]

[Sidenote: Relation of the Ministers to One Another.]

Not only does the Prime Minister stand above and apart from his

colleagues, but they do not all stand upon one plane. The influence of a

minister depends upon his personal force, but it may be affected by the

office that he holds, and perhaps by his nearness to the Prime Minister

himself; for although there is no formal interior junta, or cabinet

within the cabinet, yet the Premier is apt to take counsel informally

with other leading ministers, and if he is a masterful man those who

can command or win his confidence have the better chance of shaping the

policy of the government while it is still formless and malleable. The

cabinet, moreover, does not always act as a whole. It sometimes appoints

committees to consider special subjects, and indeed it has an old and

well-established practice of appointing committees to prepare important

government bills.[73:1]

[Sidenote: Joint and Several Responsibility.]

It is commonly said that the ministers are severally responsible to

Parliament for the conduct of their own departments, and jointly

responsible for the general policy of the government. Like many other

maxims of the British Constitution, this has the advantage of being

sufficiently vague to be capable of different interpretations at

different times. With the growth of the parliamentary system, and the

more clearly marked opposition between the parties, the joint

responsibility has in fact become greater and the several responsibility

less. The last instances where a single minister resigned on an adverse

vote of the House of Commons were those of Mr. Lowe, who retired from

the vice-presidency of the Committee on Education in 1864 in consequence

of a vote charging him with improper mutilation of the reports of

inspectors, and Lord Chancellor Westbury, who resigned in 1866 on

account of a vote censuring his grant of a pension to a registrar in

bankruptcy charged with misconduct.[73:2] If at the present day the

cause of complaint were a personal error on the part of the minister, he

would probably be brought to resign voluntarily before there was a

chance of his resignation being forced by a hostile vote in the House;

and if the question were one of policy, the government would, save in

very exceptional cases, assume the responsibility for that policy,

treating a hostile vote as showing a want of confidence in itself. The

majority in the House of Commons, on the other hand, while it may

question, criticise and blame a minister in debate, is reluctant to

permit a vote of censure upon him which is liable to involve the fall of

the ministry.[74:1]

Each minister is responsible to the cabinet for the conduct of his

department. He is constantly meeting with problems which may involve

criticism in Parliament, and where a mistake might entail serious

consequences for the whole government. In such cases he must decide how

far he can assume to settle the question in accordance with his own

opinion, and what matters he ought to bring before the cabinet. He must

not, on the one hand, take up its time in discussing trivialities, and

he must not, on the other, commit his colleagues to a course of action

which really involves general policy. If in doubt he can, of course,

consult the Prime Minister; but in spite of this privilege annoying

blunders must inevitably occur.

A minister naturally has charge in the cabinet of the business relating

to his own department, but how far he takes an active part in other

things will depend upon the interest that he feels in them. Lord

Palmerston, for example, when Secretary for Foreign Affairs, took, as

his letters show, little interest in anything else; but when he became

Home Secretary he took not only an active but a leading part in

directing the foreign relations of the country. This he was fully

entitled to do, because the cabinet is both an assemblage of ministers

at the head of the separate branches of the administration, and a

council of state which must form a collective judgment upon the

questions submitted to it. A minister is, therefore, justified in

pressing his views on any subject, whether connected with his own

department or not; and on no other basis could collective responsibility

be maintained. The practice is particularly marked in the case of

foreign affairs, which usually form a large part of the business at the

meetings.

[Sidenote: The Treasury and Other Departments.]

It is not only on questions of general policy, brought before the

cabinet, that differences of opinion between ministers may arise, for

there are many matters of current administration that affect more than

one department. In such cases the ministers concerned confer together,

and if they cannot agree their differences must be submitted to the

Prime Minister, and ultimately to the cabinet. There is, indeed, one

department which is continually brought into contact--one might almost

say conflict--with all the others; that is the Treasury. Any vigorous

branch of the public service always sees excellent reasons for

increasing its expenditure, and proposes to do so without much regard

for the needs of the other branches; while the Chancellor of the

Exchequer, who is obliged to find the money, must strive to restrict the

aggregate outlay. If he did not, the expenditure of the government would

certainly be extravagant. As a preliminary step to the preparation of

the budget the Treasury issues in the autumn a circular to the other

departments asking for estimates of their expenses during the coming

fiscal year. These are made up in the first instance by the permanent

officials, and then laid before the parliamentary head of the

department, who revises and perhaps reduces them. When they reach the

Treasury they are scrutinised by the permanent officials there, and if

anything is not clear, an explanation is sought from the department

concerned. The estimates are then submitted by the Treasury officials to

their parliamentary chiefs, and if there is an objection to any item it

is the duty of the Financial Secretary of the Treasury to confer with

the head of the department whose estimates are in question.[75:1] If the

parliamentary head of the department does not agree with the Financial

Secretary he may go to the Chancellor of the Exchequer, and if they

cannot settle the matter they must appeal to the Prime Minister and as

a last resort to the cabinet. Being placed in such a relation to his

colleagues, it is not unnatural that the Chancellor of the Exchequer

should often differ with them. As Gladstone notes in his diary in 1865,

"Estimates always settled at the dagger's point."[76:1] Like other

differences in the cabinet, these occasionally come to light, especially

when they have been so sharp as to cause the Chancellor's resignation.

Lord Randolph Churchill resigned in 1886 because the cabinet insisted

upon appropriations for the Army which he opposed; and Sir Michael

Hicks-Beach has told us recently that had it not been for the fact that

his protests against the growth of expenditure were received with

indifference he might not have quitted the office.[76:2] One cause,

moreover, of the final resignation of Mr. Gladstone--who although not

then Chancellor of the Exchequer, always looked upon matters from the

Treasury standpoint--was a difference of opinion between him and his

colleagues on the question of the cost of national defence.[76:3]

Whatever the policy of the cabinet at any moment may be, the scale of

expenditure is ultimately determined by the feeling in the House of

Commons, and this in turn depends upon the state of public opinion.

Except for a few short periods of extravagance, the seventy years that

followed the close of the Napoleonic wars were marked by a decided

tendency in favour of economy. People felt the pressure of taxation,

worried little about the condition of the Army or the Navy, and had no

strong desire to increase the expenses of the government in any

direction. Latterly the tendency has been reversed. The country has felt

rich; there have been a series of alarms about national defence, and at

the same time the general growth of paternalism has brought in a desire

for improvement and expenditure in many ways.

[Sidenote: The Cabinet and the Ministry.]

The ministry is composed, as has already been pointed out, of an inner

part that formulates the policy of the government, and an outer part

that follows the lines laid down; the inner part, or cabinet, containing

the more prominent party leaders, who are also holders of the principal

offices of state, while the outer part consists of the heads of the less

important departments, the parliamentary under-secretaries, the whips

and the officers of the royal household. All of these persons are

strictly in the ministry, and resign with the cabinet; but the officers

of the household have, as such, no political functions, and do not

concern us here. The heads of departments without seats in the cabinet

have become, with the increase in size of that body, very few. By far

the greater part of the ministers outside of the cabinet are the

parliamentary under-secretaries, who have two distinct sets of duties,

one administrative and the other parliamentary. Their administrative

duties vary very largely, mainly in accordance with personal

considerations. Some of them are really active in their departments,

doing work which might fall upon the parliamentary chief, or upon the

permanent under-secretary, while others have little or no administrative

business; but in any case the real object of their existence is to be

found on the parliamentary side. Whatever duties, parliamentary or

administrative, may be assigned to an under-secretary, he is strictly

subordinate to his chief, who retains both the authority and the

responsibility for the decision of all questions that arise in the

department;[77:1] although an active under-secretary in the Commons may

sometimes attract more public notice than his real chief in the Lords.

It is commonly said that as a minister can speak only in the House of

which he is a member, there must be two parliamentary representatives

for every department, one in each House. This, however, is not strictly

true. Going back, for example, over the period of a generation, we find

that the Foreign, Colonial and Indian Offices have practically always

been represented in both Houses.[78:1] The other great departments have,

of course, always been represented in the Commons;[78:2] but the War

Office and the Admiralty have not always been represented in the Lords.

The Board of Trade has often, and the Local Government Board and Home

Office have usually, had no spokesman of their own there;[78:3] while

all the parliamentary officers of the Treasury invariably sit in the

Commons. The system of under-secretaries, therefore, is by no means

always used in order to give a representative to the department in both

Houses. It not infrequently happens that both, or in the case of the War

Office and the Admiralty all three, representatives sit in the House of

Commons. An under-secretary, even when he sits with his chief in the

Commons, is, however, a convenience for those departments which have a

great deal of business to attend to, and many questions to answer.

Moreover, the large number of under-secretaryships has the advantage

already noticed of including within the ministry a considerable number

of lesser party lights who have not achieved sufficient prominence to be

included in the cabinet, and yet whose interest in the fortunes of the

ministry it is wise to secure.

[Sidenote: The Cabinet and the Privy Council.]

One of the great changes in administrative machinery that has taken

place in the civilised world within the last two hundred years is the

substitution of an informal cabinet composed of the heads of

departments, for a formal governing council of members who had

themselves no direct administrative duties. The form of the old council

has survived in England under the name of the Privy Council, but its

functions have become a shadow. The Privy Council never meets as a whole

now except for ceremonial purposes. Its action is, indeed, still legally

necessary for the performance of many acts of state, such as the

adoption of Orders in Council, and the like; but this is a formal

matter, requiring the presence of only three persons, who follow the

directions of a minister, for all cabinet ministers are members of the

Privy Council. The Council does real work to-day only through its

committees. Of these the most notable is the Judicial Committee, which

sits as a court of appeal in ecclesiastical and colonial cases, and will

be more fully described in a later chapter. Other committees, such as

those on trade and on education, have at times rendered great service to

the state, but the more important administrative committees have now

been transformed into regular departments of the government. It is by no

means certain, however, that the Privy Council may not, through its

committees, become in the future an organ by means of which important

political functions, especially in connection with the growth of the

empire, will be evolved. At present it is mainly an honorary body. Its

members are appointed for life, and bear the title of Right Honourable;

and, indeed, of late years membership in the Council has been conferred

as a sort of decoration for services in politics, literature, science,

war, or administration.

[Sidenote: Future of the Cabinet.]

Mr. Gladstone was of opinion that the cabinet had "found its final

shape, attributes, functions, and permanent ordering,"[79:1] and so far

as its relation to Parliament alone is concerned, this may very well be

true; but Parliament is gradually ceasing to be the one final arbiter in

public life. The cabinet is daily coming into closer contact with the

nation, and what modifications that may entail we cannot foresee. It may

be observed, however, that while the members of the cabinet present a

united front, and say the same thing in Parliament, they do not always

say the same thing to the country. The ministers agree on a policy

before announcing it in Parliament, but they are not always in the

habit of taking counsel together about the speeches that they make upon

the platform. Mr. Chamberlain's sudden declaration of a policy of

preferential tariffs in his speech at Birmingham in 1903 is only an

extreme example of what sometimes occurs. Absolute unanimity may not,

indeed, prove to be so necessary to the ministers in order to maintain

their authority before the people as it is to hold their position in the

House of Commons.[80:1] But no serious changes in the structure of the

cabinet are probable so long as parliamentary government continues in

its present form; and it is too early to speculate on the changes that

may occur if the parliamentary system itself becomes modified under the

pressure of political parties acting in a democratic country.

FOOTNOTES:

[53:1] Parker, "Sir Robert Peel," III., 496.

[56:1] This is the opinion of two of the most prominent Prime Ministers

of the century. Ashley, "Life of Palmerston," II., 330; Morley, "Life of

Walpole," 159; the latter representing, as has already been pointed out,

the views of Mr. Gladstone.

[57:1] For an example of the difficulties that arise on this score,

_cf._ Morley, "Life of Gladstone," II., 628-29. Lord Rosebery, who,

after being Prime Minister in 1895, was left out of the next Liberal

cabinet in 1905, had taken himself out of the field by saying that he

could not serve in a ministry whose chief held the views on Home Rule

that Sir Henry Campbell-Bannerman had expressed.

[57:2] _Cf._ Parker, "Sir Robert Peel," II., 486-89; III., 347-48.

[58:1] Todd, "Parl. Govt. in England," 2 Ed., II., 189-90.

[60:1] If the post of Lord Privy Seal is not needed for this purpose, it

is given, without salary, to the holder of some other office.

[60:2] The President of the Council had in the past a somewhat undefined

authority in connection with the Committee of the Council on Education,

but this committee has now been replaced by a Board.

[61:1] The Law Officers present occasional exceptions.

[61:2] As in the case of Mr. Birrell in the present ministry, a man who

is not in Parliament may, of course, be included in a new cabinet in the

expectation that he will win a seat at the impending dissolution.

[61:3] Eng. Const., 1 Ed., 228-30.

[63:1] _Cf._ Todd, "Parl. Govt. in England," II., 405, note _w_.

[63:2] This happened, for example, in 1825, when Palmerston, Goulburn

and Copley (all three in the ministry) were three out of the six

candidates for the two seats for Cambridge University. Bulwer, "Life of

Palmerston," I., 153 _et seq._

[64:1] One cannot read Mr. Morley's "Life of Gladstone" without being

struck by the frequency of such differences. One feels that in his

twenty-five years of life in the cabinet Gladstone must have expended

almost as much effort in making his views prevail with his colleagues as

in forcing them through Parliament.

[64:2] In Gladstone's cabinet of 1880-1885 the practice of counting

votes was complained of, as an innovation. Morley, "Life of Gladstone,"

III., 5.

[65:1] This obligation has been said to rest upon the cabinet minister's

oath of secrecy as a privy councillor (Todd, 2 Ed., II., 83-84, 240).

But this would seem to be another case of confusion between the law and

the conventions of the constitution. Although the permission of the

sovereign must be obtained before proceedings in the cabinet can be made

public (_cf._ Hans., 3 Ser. CCCIV., 1182, 1186, 1189), yet in fact the

duty of secrecy is not merely a legal obligation towards the sovereign

which he can waive under the advice, for example, of a ministry of the

other party. It is a moral duty towards one's colleagues, which ceases

when by lapse of time, or otherwise, the reason for it has been removed;

and the secrets must be kept from other privy councillors, the leaders

of the Opposition for example, as well as from the rest of the world.

Sometimes sharp discussions have occurred on the limits of the

permission given to reveal what has taken place at cabinet meetings.

This occurred after Mr. Chamberlain's resignation in 1886. Churchill,

"Life of Lord Randolph Churchill," II., 85-86.

[66:1] _E.g._ Hans. (1886), 3 Ser. CCCIV., 1181 _et seq._, 1811 _et

seq._, and (1904), 4 Ser. CXXIX., 878, 880; CXXX., 349 _et seq._;

CXXXI., 403 _et seq._, 709 _et seq._

[66:2] _E.g._ Rep. Com. on Civil List, Com. Papers, 1901, V., 607.

[66:3] There is some interesting gossip about instances of this kind in

MacDonagh, "Book of Parliament," 337-49.

[67:1] Parker, "Sir Robert Peel," III., 496-99.

[67:2] Morley, "Life of Walpole," 151. Cabinet dinners have occasionally

taken place of late years, but it is safe to say that they have not been

held with that object.

[67:3] Mr. Gladstone "was emphatic and decided in his opinion that if

the Premier mentioned to the Queen any of his colleagues who had opposed

him in the cabinet, he was guilty of great baseness and perfidy."

Morley, "Life of Gladstone," II., 575. But this seems to have applied

only to giving their names. _Ibid._, III., 132.

[68:1] In 1906 the position was recognized by being accorded a place in

the order of precedence. _Cf._ Hans., 4 Ser. CLVI., 742.

[68:2] Walpole repudiated the title of First or Prime Minister, although

he was, in fact, the first man to occupy such a position.

[68:3] See Ashley, "Life of Palmerston," II., 329-30; Gladstone,

"Gleanings of Past Years," I., 242. See also the description in Morley,

"Life of Walpole," 150-65, which, as already pointed out, represents Mr.

Gladstone's views.

[69:1] Morley, "Life of Gladstone," II., 383.

[69:2] Morley, "Life of Walpole," 159-60.

[70:1] "Sir Robert Peel, from his Private Correspondence"; _cf._ Parker,

"Sir Robert Peel"; Morley, "Life of Gladstone," I., 248, 298.

[70:2] Ashley, "Life of Palmerston," II., 257; _cf._ Morley, "Life of

Gladstone," II., 35.

[70:3] In his review of Parker's "Sir Robert Peel," in the first number

of the _Anglo-Saxon Review_.

[70:4] Hans., 4 Ser. LXXVIII., 27.

[70:5] At the end of his first ministry, and at the beginning of his

second, Mr. Gladstone held the office of Chancellor of the Exchequer.

With this exception, and with that of Lord Salisbury, no Prime Minister

has been at the head of a department since 1835.

[72:1] "Gleanings of Past Years," I., 242.

[72:2] Morley, "Life of Walpole," 164-65. This would hardly be stated in

such broad terms to-day.

[73:1] During the late war in South Africa, there was a special Cabinet

Committee on National Defence, which was afterwards enlarged and made

permanent, as explained in the following chapter.

[73:2] See a collection of instances in Todd, "Parl. Govt. in England,"

2 Ed., II., 471 _et seq._, and I., 444-49, 668-87. The vote in 1887 to

adjourn in order to draw attention to the conduct of the police in the

case of Miss Cass might very well have been regarded as a censure upon

the Home Secretary, Mr. Matthews; but he did not think it necessary to

resign. Hans., 3 Ser. CCCXVI., 1796-1830.

[74:1] The vote to reduce the salary of the Secretary of State for War

in 1895 was anomalous. It was a trick which will be explained in a later

chapter.

[75:1] Com. on Nat. Expenditure, Com. Papers, 1902, VII., 15, App. 1 and

3.

[76:1] Morley, "Life of Gladstone," II., 140.

[76:2] Hans., 4 Ser. CXXIII., 348-49.

[76:3] Morley, "Life of Gladstone," III., 506-09.

[77:1] It may be noted that the Chief Secretary of the Lord Lieutenant

of Ireland is not a parliamentary under-secretary, but the real head of

the Irish Office, unless the Viceroy is in the cabinet; also that until

the creation of the recent Board of Education the relations between the

President and Vice-President of the Committee of Council on Education

were not clearly defined.

[78:1] In the Liberal cabinet of 1905, however, both representatives of

India are in the Commons.

[78:2] The Board of Works and the Post-Office have at times been

represented in the Commons by the Treasury.

[78:3] Some member of the government is always ready to answer questions

for them, and if need be to defend a department not directly

represented.

[79:1] Morley, "Life of Walpole," 165.

[80:1] The Duke of Argyle found fault with this practice as early as the

cabinet of 1880-1885. Morley, "Life of Gladstone," III., 4. Mr.

Gladstone thought that liberty of speech should be used by a cabinet

minister "sparingly, reluctantly, and with much modesty and reserve"

(_Ibid._, 113), although his own incautious remark about the American

Civil War had at an earlier time caused the cabinet of which he was a

member no little embarrassment. _Ibid._, II., 75-86.

CHAPTER IV

THE EXECUTIVE DEPARTMENTS

The departments of state are very different from one another, both in

historical origin and in legal organisation; and they have gone through

transformations of all kinds, until the nomenclature has in some cases

almost ceased to bear any relation to the facts. The title of an officer

often gives no clear idea of his functions. The most striking case is

that of the Treasury, whose regular chief, from the time of Henry VIII.

to the death of Anne, was the Lord High Treasurer. Since 1714 the office

has always been in commission; that is, its duties have been intrusted

to a board composed of a number of Lords of the Treasury. But while the

board is still regularly constituted by Letters Patent whenever a new

ministry is formed, and still retains its legal authority, all political

power has, in fact, passed from its hands. The board never meets, most

of its members have little or no connection with the Treasury, and its

functions are really performed by the Chancellor of the Exchequer, who

is not now a chancellor, and does not control the work of what is more

properly called the Exchequer. Thus, by a strange process of evolution

the powers of the Lord High Treasurer have, by law, become vested in a

board; and by a still later custom they are actually wielded by quite a

different officer, whose title indicates neither his succession to the

Treasurer nor the nature of his present duties.

Although in origin and legal organisation the departments of state are

very unlike, yet the growth of custom, and the exigencies of

parliamentary life, have, for practical purposes, forced almost all of

them into something very near one common type. Whatever the legal form

of the authority at their head, the actual control is now in nearly

every case in the hands of a single responsible minister, usually

assisted by one or more parliamentary subordinates, and supported by a

corps of permanent non-political officials, who carry on the work of the

office.

[Sidenote: Origin of the Departments.]

[Sidenote: The Former Great Offices.]

The historical origin of most of the departments may be traced to one of

three sources: the great offices of an earlier time; the secretariat of

state; and the more recent boards and commissions. Many of the former

offices of state survive as honorary posts, or with duties connected

solely with the royal household.[82:1] The only ones that are still in

touch with public administration are those of the Lord High Chancellor,

who has retained the greater part of his ancient authority; of the Lord

High Treasurer, the transformations of whose office have already been

mentioned; and of the Lord High Admiral, whose powers have also gone

into commission, and are vested in the Admiralty Board.

[Sidenote: The Secretariat of State.]

The secretariat is an old institution, although the standing of its

members has varied much at different times. There are now five

secretaries of state, but their position is peculiar in this, that they

all share, from a legal point of view, the same office; and except so

far as statutes have conferred special authority upon one or another,

each of them can perform the duties of all the rest. During the greater

part of the eighteenth century there were two secretaries, one for the

northern and the other for the southern department, the former having

charge of the relations with the northern powers, the latter of those

with the southern powers together with home and colonial affairs. A

series of changes made at the end of the century resulted in an increase

of the number of secretaries to three, and a redistribution of their

work, so that one had charge of foreign relations, another of home

affairs, and the third of war and the colonies. The Crimean War brought

about in 1854 the separation of the colonial and war departments, with

the creation of a fourth secretary of state; and, finally, the mutiny in

India, and the consequent transfer of the direct government of that

country to the Crown, caused the appointment of a fifth secretary of

state to take charge of Indian affairs.

[Sidenote: The Recent Boards and Commissions.]

[Sidenote: Sham Boards.]

The third great source of public departments has been the creation in

comparatively recent times of a number of administrative boards or

commissions, whose duties (except in the case of the Board of Works) are

not primarily executive; that is, they are not concerned mainly with

direct administration, but rather with the supervision and control of

local authorities and of bodies exercising functions of a public or a

quasi-public nature. There are now five boards of this kind, the Board

of Trade, the Local Government Board, the Board of Works, the Board of

Agriculture, and the Board of Education. Some of them, the first and

last named, for example, have developed from committees of the Privy

Council; while others have grown out of administrative commissions which

were not originally regarded as political, and had no representatives of

their own in Parliament. Except in the case of the Board of Trade,[83:1]

both their organisation and their functions now rest upon

statutes,[83:2] and in general character they are all very much alike.

Each of them consists of a president,[83:3] of the five secretaries of

state, and of other high dignitaries, such as the Lord President of the

Privy Council, the First Lord of the Treasury, or the Chancellor of the

Exchequer, and sometimes, in the case of the older boards, even of the

Archbishop of Canterbury and the Speaker of the House of Commons. But

the board never meets; the president alone constitutes a quorum, and he

conducts the business of the department, with the assistance, in the

case of the Board of Trade, of the Local Government Board and the Board

of Education, of a secretary who is not himself a member of the board,

but is, like the president, capable of sitting in the House of Commons,

and occupies, in short, the position of a parliamentary under-secretary.

In practice, therefore, these boards are legal phantoms that provide

imaginary colleagues for a single responsible minister; and, indeed, the

only department in the English government conducted by a board that

really meets for the transaction of business is the Admiralty.[84:1]

A satirical observer has remarked that the English Constitution is a

bundle of shams; and this is inevitable where law fails to keep pace

with custom--where the legal organisation has ceased to express the real

working of the system. But it is difficult to penetrate the motive for

deliberately constructing a sham; and yet that was done in the creation

of the Board of Agriculture in 1889, and the Board of Education ten

years later. In the last case the measure was criticised upon this

ground;[84:2] and Sir John Gorst in reply said that, as there were other

boards, the general desire of the House was thought to be in favour of a

Board of Education, and that, although these boards did not often meet,

they were potential.[84:3] He denied that the Committee of Council on

Education had never met, and referred to an occasion, about twenty years

earlier, when it had been called together, and actually transacted

business.[84:4] A better statement of the reason, or rather the absence

of any reason, for the creation of a sham board, was made with

characteristic frankness by the Duke of Devonshire, who said, "as far as

I remember, the point was mooted when the bill was first prepared, but I

quite admit that I am unable, at the present moment, to recollect the

reasons which weighed in favour of a board rather than a secretariat. It

has the advantage, at all events, of numerous precedents, and it is

perfectly well understood that there will be no board at all."[85:1]

In giving in this chapter a sketch of the executive departments nothing

will be said of those offices to which no substantial administrative

duties, or none outside of the royal household, are attached. There are

about a dozen such posts, which are regarded as so far political that

their holders retire upon a change of ministry; but they are omitted

here, because the object is to describe not the offices of state, but

the different branches of the public service and the distribution of

business among them. Most of the departments require for our purpose

only a few words, to point out the general nature of their duties and

anything unusual in their structure or method of working. The functions

of some others, such as the Colonial Office, the Local Government Board

and the Board of Education, can be passed over rapidly, because they

will be treated more fully in the chapters devoted to the subjects under

their control; while the Army, the Navy and the Treasury are described

at greater length on account of the peculiarities in their organisation,

and the fact that their work is not dealt with in any other part of the

book.

[Sidenote: The Foreign Office.]

The Foreign Office has at its head a secretary of state, who, like the

chief of every normal department, is supported by a parliamentary

under-secretary and also by a permanent staff consisting of an

under-secretary, several assistant under-secretaries--in this instance

three--besides clerks and other permanent officials. For convenience of

administration there are in the Foreign Office a number of departments,

the business being distributed among them partly on a geographical

basis, and partly according to the nature of the subject.[86:1] The

office has, of course, charge of foreign relations, controlling for that

purpose the diplomatic representatives and the consuls. The only odd

thing about its duties is the fact that in addition to the ordinary

functions of a foreign office it governs certain dependencies of the

Crown. The expansion of European influence over the less favoured

portions of the globe has produced among other new things the

"protectorate," which involves, by a political fiction, an international

as well as a philanthropic relation between the ruler and the ruled. The

result is that protectorates not closely connected with existing

colonies are administered by the Foreign Office. This has been true of a

number of protectorates in Africa, and notably of Egypt, which is still

nominally ruled by the Khedive under the suzerainty of the Turkish

Sultan, but is practically governed by a British agent.

[Sidenote: Position of the Foreign Secretary.]

The conduct of the relations with foreign powers requires from its very

nature a peculiar method of procedure. Much of the work of the Foreign

Office consists, no doubt, in examining and pushing the private legal

claims of British subjects, and to some extent work of that kind has a

routine character. But apart from this there is comparatively little of

the detailed administration--so common in other departments--which,

involving merely the application of settled principles to particular

cases, can be conducted by subordinates without consulting the political

chief. Much of the correspondence with foreign powers may entail serious

consequences, and hence must ordinarily be laid before the Secretary of

State. The permanent officials play, therefore, a smaller part in the

management of affairs than in most branches of the public service, a

matter that will be discussed more fully in a subsequent chapter.[87:1]

Moreover, the representatives at foreign courts are kept, by means of

the telegraph, under more constant instructions than formerly, and it

has become the habit in all countries to retain diplomatic negotiations

very closely in the hands of the home government. Even the functions of

foreign envoys as the eyes and ears of the state have declined in

importance; and it has been observed that as gatherers of political

information they have been largely superseded by the correspondents of

the press.

All this has the effect of concentrating the direction of foreign

relations in the hands of the Secretary of State. At the same time he is

singularly free from immediate parliamentary control. Diplomatic

correspondence is ordinarily confidential, and it is usually a

sufficient answer to any question in Parliament, touching foreign

relations, to say that the information sought cannot be given without

detriment to the public service. It follows that the presence of the

minister in the House of Commons is less necessary than in the case of

other departments; while his arduous duties make it hard for him to find

the time required for attendance at the long sittings. These facts,

coupled with the strange provision of law which permits only four of the

five secretaries of state to sit there, resulted in placing peers at the

head of the Foreign Office continuously from 1868 to 1905, the

under-secretary alone representing the department in the popular

chamber. But if the Secretary of State for Foreign Affairs is less under

the direct control of Parliament than other ministers, he is more under

the control of his colleagues. We have already seen that every important

despatch ought to be submitted, before it is sent off, both to the Prime

Minister and to the sovereign; and, as a rule, the telegrams, together

with correspondence of peculiar interest, are also circulated among all

the members of the cabinet.[88:1] In fact there is probably no

department where the executive action of the minister is so constantly

brought to the notice of his colleagues.

[Sidenote: The Colonial Office.]

Ever since England began to extend her dominion beyond the seas her

foreign relations have been complicated by her distant possessions, and

it is therefore natural to pass from the offices of the Secretary of

State for Foreign Affairs on one side of the doorway in Downing Street

to those of the Secretary of State for the Colonies on the other. But it

is needless to speak of the Colonial Office at length here, because the

government of the dependencies will form the subject of later chapters.

The Secretary of State for the Colonies is assisted by his parliamentary

and permanent under-secretaries, and by a staff of subordinate

officials. There are in this office four permanent assistant

under-secretaries; one of whom has charge of questions of law, and also

at present of business connected with Canada, Australasia and a number

of islands; another of South Africa; a third of the East and West

Indies, emigration, prisons and hospitals, with a mass of miscellaneous

matters; and the fourth of East and West Africa.[88:2] But the division

of the colonies among these officers is not fixed, and varies to some

extent with their personal experience. There are, in close connection

with the office, agents for each of the dependencies, those for the

self-governing colonies being real representatives appointed by the

colonial governments, while the three who act on behalf of the crown

colonies are selected by the Colonial Office itself.

It may be observed that the Colonial Office has by no means charge of

all the outlying dependencies of the British Crown. Besides the

protectorates governed by the Foreign Office, there are a number of

smaller places under the care of other departments. The Isle of Man and

the Channel Islands, for example, are under the Home Secretary; some

small islets are used only for lighthouses by the Board of Trade; while

by an official fiction the Island of Ascension is considered a vessel of

war, and as such is commanded by the Admiralty. But larger by far than

any of these, more populous than all the other parts of the British

Empire put together, is India. It is not classed among the colonies, for

that term is confined to the places under the Colonial Office, and does

not extend to a country ruled by a distinct administrative system of its

own.

[Sidenote: The India Office.]

The Secretary of State for India has the usual parliamentary and

permanent staff; but he has in addition a Council of India, composed of

not less than ten or more than fifteen members, appointed for a term of

ten years. In order to insure a familiarity with Indian conditions, it

is provided that nine of the members must have lived in India within ten

years of their appointment.[89:1] The Council is a consultative body. It

has no power of initiative, but except for matters requiring secrecy or

urgency (such as war and peace, or the relations of India with foreign

powers or with the native states), all questions must be brought before

it for consideration. The Secretary of State is not, however, bound by

its decision, save in a few cases, of which the most important are the

expenditure of the Indian revenues, and the issue of Indian loans.[89:2]

Legally, the government of India is directed by the Secretary of State

and his Council. Even the laws made in India can be disallowed by the

Crown on their advice; but in spite of the ease of communication

furnished by the telegraph, the internal affairs of the country are

still in the main managed by the authorities in India, happily without

much interference from England. Parliament, moreover, exercises little

control over Indian administration. Some matters--the use of the Indian

revenues, for example, to pay for expeditions beyond the

frontier--require its consent; and in other cases notice of action taken

must be laid before it within a certain time. But the ordinary

opportunities for bringing pressure to bear do not exist, because the

salary of the Secretary of State for India, being paid out of the Indian

revenues, does not furnish an occasion for a debate in Parliament; and

although the Indian budget is regularly submitted, it does not need to

be approved. On one of the last days of the session, when the work of

the year is almost done, and the members are weary of attending, this

budget, which is merely a financial statement, is introduced, and in

order to give an opportunity for debate a formal motion is made that the

Indian accounts show such and such totals of receipts and expenses. A

discussion follows on the part of members who deem themselves qualified

to express opinions on the government of India, and then the vote is

passed. An illustration of the small authority of Parliament in Indian

matters may be found in the fact that in 1891 (April 10) the House of

Commons carried against the ministers a motion condemning the opium

revenue; and in 1893 (June 2) a resolution that the examinations for the

Indian Civil Service ought to be held in India, as well as in England,

was carried in the same way; yet, on each occasion, the government after

studying the subject came to the conclusion that the opinion of the

House had been wrong, and did not carry it into effect. Such a condition

of things is highly fortunate, for there is probably no body of men less

fitted to rule a people than a representative assembly elected in

another land by a different race.

If the vast colonial empire has complicated foreign relations it has

also caused England to become the greatest of maritime powers, with an

enormous navy to protect her dependencies, her merchant ships, and not

least important, the routes of her food supply. The effective

organisation of a naval force is, therefore, of more importance in her

case than in that of any other nation.

[Sidenote: The Admiralty.]

It has already been observed that the Admiralty is the only department

of state conducted by a board that really meets for the transaction of

business, yet even in this case the statement may convey a false

impression of the character of the body. The board as created by Letters

Patent under the Great Seal consists of a First Lord, four Naval Lords

and a Civil Lord; but by a series of Orders in Council, and by the

practice of the department, the parliamentary and permanent secretaries

also sit as members of the board.[91:1] The First Lord, the Civil Lord

and the parliamentary secretary are capable of sitting in the House of

Commons, and are, in fact, always members of one or other House of

Parliament. The permanent secretary is, as his name implies, a permanent

official, and hence excluded from the House of Commons altogether. The

Naval Lords, on the other hand, although eligible to Parliament,[91:2]

are very rarely members,[91:3] and yet they are not permanent officials.

They occupy the anomalous position of non-political officials, who

nevertheless retire upon the fall of the ministry. This does not mean

that they belong necessarily to the party in power, or that they may not

be reappointed under the commission issued when a new ministry comes

into office. In order to preserve a continuity of administration, and a

knowledge of the work, the new patent usually includes one, and

sometimes more, of the Naval Lords who served under the preceding

cabinet, and commonly another who held the place under some earlier

ministry of the party that has taken office.

[Sidenote: Position of the First Lord.]

According to the language of the patent all of the members of the Board

of Admiralty are equal in authority; but in fact the First Lord, who is

always in the cabinet, is held by Parliament responsible for the conduct

of the department, and as the other members of the board can be changed

if necessary on his recommendation, they must adopt the course which he

can justify in Parliament. With the evolution of the cabinet system,

therefore, the power of the First Lord has increased until he has become

practically a minister of marine assisted by an advisory council. The

relation was sanctioned, not created, by Orders in Council of Jan. 14,

1869, and March 19, 1872, which declared the First Lord responsible for

all business of the Admiralty,[92:1] and thus "the department now

possesses more the character of a council with a supreme responsible

head than that of an administrative board."[92:2]

[Sidenote: The Other Lords.]

The Civil Lord and the financial or parliamentary secretary are

subordinate ministers, who occupy substantially the position of

parliamentary under-secretaries. They are civilians, as is the permanent

secretary also; while the four Naval Lords are naval officers, usually

of high rank, who bring an expert knowledge to bear upon the

administration of the department. But the members of the board, like the

cabinet ministers, have individual as well as collective duties. By the

Orders in Council of March 19, 1872, and March 10, 1882, and the

regulations made in pursuance thereof, the work of the office is

distributed among the members of the board, each of whom is at the head

of a branch of the service, and responsible for it to the First Lord. By

virtue of this arrangement the First Lord retains in his own hands the

general direction of political questions, and the appointment of flag

officers and the commanders of ships. The First Naval Lord, who is also

the principal adviser of his chief, has charge of strategical questions,

the distribution of the fleet, discipline, and the selection of the

higher officers not commanding ships. The Second Naval Lord has charge

of the recruiting and education of officers and men, and the selection

of the lower officers. The Third Naval Lord, who is the "Controller,"

attends to the dockyards, and to construction, repairs and ordnance;

while the Junior Naval Lord has charge of the transport and medical

service, and the victualling and coaling of the fleet. The Civil Lord

attends to the civil establishments, and the contracts relating to

stores and to land. The parliamentary secretary is responsible for

finance; and the permanent secretary for the personnel in the Admiralty

Office, for routine papers and correspondence and for the continuity of

business on the advent of a new board.[93:1]

Thus the actual administration of the Navy devolves upon the members of

the board charged with the superintendence of the different branches of

the service, while the full board meets frequently for the consideration

of such questions as the First Lord wishes to refer to it.[93:2] There

have been at times complaints about the working of the board, and the

existing organisation is the result of gradual adaptations,[93:3] but at

the present day the system appears to be highly satisfactory, and in

fact it is constantly held up as a model to the less fortunate chiefs of

the Army.

[Sidenote: The War Office.]

[Sidenote: Effect of the Crimean War.]

The organisation of the War Office has undergone far more changes than

that of the Admiralty, and has been the subject of a great deal more

criticism both in and out of Parliament.[93:4] Like other countries with

a popular form of government, England has found it hard to reconcile

military command and civil control. In the War Office, as in the

Admiralty, there has been a tendency to transfer supreme power gradually

to the hands of the parliamentary chief; but owing to a number of

causes--one of which was the tenacity with which the Queen clung to the

idea of a peculiar personal connection between the Crown and the

Army--the process of change in the War Office has been slow and halting.

Up to the time of the Crimean War the Army was controlled by several

different authorities, whose relations to one another were not very

clearly defined, and who were subordinate to no single administrative

head. This naturally produced friction and lack of efficiency, which

was forcibly brought to public attention by the sufferings of the

troops during the war. The result was the creation of a distinct

Secretary of State for War, and the concentration in his hands of

most of the business relating to the Army; but the change was made

without a thorough reorganisation of the War Office, and without

defining the relative authority of the Secretary of State and the

Commander-in-Chief.[94:1] This last office was held at that time by the

Queen's cousin, the Duke of Cambridge; and the fact that he was a royal

duke, coupled with the Queen's feelings about the Army, threw an

obstacle in the way of bringing the office fully under the control of

the Secretary. In 1870, however, the Queen was prevailed upon to issue

an Order in Council providing that the Commander-in-Chief should be

completely subordinate to the Secretary of State.[95:1] Unfortunately,

this order by no means settled either the organisation of the War

Office, or the relation between the Secretary and the Commander-in-Chief.

[Sidenote: Lord Hartington's Commission.]

A number of commissions have examined the subject, one of the most

important of late years being Lord Hartington's Commission, which

reported in 1890.[95:2] At that time[95:3] the Adjutant General, who was

charged with the general supervision of the military department, was the

first staff officer of the Commander-in-Chief, and as such was

responsible to him for the efficiency of the forces; while the other

principal military officers--the Quartermaster General, Military

Secretary, Director of Artillery, Inspector of Fortifications, and

Director of Military Intelligence--were also immediately responsible not

to the Secretary of State, but to the Commander-in-Chief, and approached

the latter through the Adjutant General. Thus, while all the officers in

the department were nominally subordinate to the Secretary of State,

practically between him and them stood the Commander-in-Chief, who had

the privilege of approaching the Crown directly and without the

intervention of the Secretary. The commission thought that such a system

failed to make the heads of the different branches of the service

effectively responsible to the Secretary, or to provide any satisfactory

system for giving him expert advice. They recommended, therefore, the

virtual abolition of the office of Commander-in-Chief, and a division of

the duties among a number of officers, who should be individually

responsible for their administrative work to the Secretary, and should

collectively advise him as a War Office Council. They recommended, in

short, a system not unlike that of the Admiralty.

[Sidenote: The Changes of 1895.]

As a preliminary to bringing about a change of this kind Sir Henry

Campbell-Bannerman, the Liberal Secretary of State for War, procured the

resignation of the Duke of Cambridge in 1895, and Lord Wolseley was

appointed Commander-in-Chief for five years. The Secretary then

announced a plan in accordance with the main principles suggested by the

Hartington Commission. But just at that time the Liberal administration

fell,[96:1] and Lord Lansdowne, the new Secretary of State, made a

change in the plan, which left more power in the hands of the

Commander-in-Chief. The policy thus adopted was embodied in an Order in

Council of Nov. 21, 1895, followed by a memorandum setting out in

greater detail the duties of the heads of the different branches of the

service thereunder.[96:2] According to the new system the

Commander-in-Chief exercised the general command, issued army orders,

inspected troops, took charge of the distribution of the Army, and

prepared strategical plans, having under him for that purpose the

Director of Military Intelligence. He was also to have the general

supervision of all the military departments, and to be the principal

military adviser of the Secretary of State, all important questions

going to him before submission to the Secretary. The Adjutant General

was to have charge of the discipline and training of officers and men,

and the patterns of their uniforms,--a matter which seems to involve as

many changes in fashion as a dressmaking establishment. The

Quartermaster General had charge of food, forage, transports and

remounts. The Inspector of Fortifications constructed and maintained

forts, barracks, etc., and supervised the engineer corps. The Inspector

General of Ordnance looked after the supply of warlike stores and

equipments, and each of these officers advised the Secretary of State on

questions connected with his department. The Financial Secretary had

charge of all questions of expenditure, and of the audit of accounts.

Until 1899 he was also at the head of the manufacturing departments, but

by an order of that year they were transferred to the Inspector General

of Ordnance, whose title was changed to Director. By the memorandum

which followed the order a War Office Council was created, consisting of

the heads of the military departments, the under-secretaries of state,

and the Financial Secretary, together with any other officers who might

be summoned; its function being to discuss subjects referred to it by

the Secretary of State. An Army Board, composed of the heads of the

principal military departments, was also established, which was to

report upon promotions to the higher grades in the Army, upon estimates,

and upon other questions submitted to it by the Secretary of State.

[Sidenote: Their Results.]

The two great changes made at this time were the modification in the

powers of the Commander-in-Chief, and the creation of consultative

boards in the War Office. Neither of them can be said to have attained

the object aimed at. The attempt to create advisory councils of that

kind has been tried more than once, but after working usefully for a

time they have ceased to meet regularly and have fallen into disuse.

This appears to have been the case with the War Office Council and Army

Board created in 1895 and reorganized in 1899 and 1900.[97:1]

The position of Commander-in-Chief under the Order in Council of 1895

has been the subject of severe criticism. At the expiration of his term

of five years, Lord Wolseley recorded in a memorandum his opinion that

the attempt to give the Commander-in-Chief a supervision over the

departments of the War Office, and yet make their heads responsible to

the Secretary of State, involved a contradiction, and had resulted in

depriving the Commander-in-Chief of all effective control, and in making

his office a high-sounding title with no real responsibility. He

insisted that no army could be efficient unless the command, discipline

and training of the troops were in the hands of one man, and that man a

soldier; and he urged that the Commander-in-Chief should either be made

the real head of the forces, or that the office should be abolished, and

the Secretary of State for War should be himself a military man.[98:1]

The only direct result that the memorandum had on the organisation of

the War Office was the reestablishmemt of the control of the

Commander-in-Chief over the department of the Adjutant General by an

Order in Council on Nov. 4, 1901.[98:2] But a statement by Lord Wolseley

of his views, in a speech in the House of Lords in March, 1901, led to

an unseemly altercation with Lord Lansdowne, the late Secretary of State

for War, in which each sought to cast upon the other the blame for the

lack of preparation for the war in South Africa.[98:3] The occurrence

would appear to show that the relations between the military and civil

authorities at the War Office are not yet upon a well-recognised or

satisfactory basis; and it shows also that this relation is very

different from that which ordinarily prevails between ministers and

their expert officials. For reasons that will be explained in a later

chapter, such a dispute in any other department would be well-nigh

inconceivable. From a political point of view the Army and Navy officers

are, in fact, in an exceptional situation. They are not subject to the

general rule which excludes from the House of Commons all office-holders

who are not ministers.[98:4] And just as military officers are allowed

to play a part in politics forbidden to other public servants, so those

among them who hold high administrative posts stand in a position

peculiar to themselves, a position which in the case of the Admiralty is

definite and satisfactory, although anomalous, but in the case of the

Army is not altogether definite or satisfactory.

[Sidenote: Effect of the South African War.]

The efficiency of the War Office was put to a rude test by the South

African War, and some branches of the service did not stand the test

very well. The results recalled, although in different respects, the

experiences of the Crimean War. The commission on the war found that,

both as regards plans and stores, there had been a grave lack of

preparation which was not wholly due to the suddenness of the

emergency.[99:1] There was not merely a deficiency in warlike stores,

such as guns[99:2] and ammunition for them,[99:3] cavalry-swords[99:4]

and clothing;[99:5] but some of the stores were unfit for use. Such

clothing, for example, as there was on hand six months before the war

broke out was all red and blue cloth, quite unsuitable for the campaign;

and even after the manufacture of khaki suits had begun, changes were

ordered first in the material and then in the pattern.[99:6] More than

one third of the small arms ammunition on hand was found to be

unserviceable and was discarded;[99:7] and all the reserve rifles were

wrongly sighted, so that at a distance of five hundred yards they shot

eighteen inches to the right--an occurrence the more extraordinary

because the government had been manufacturing those weapons for some

years, and never discovered the defect until after the war broke

out.[99:8]

It would be a mistake to suppose that all the shortcomings in the South

African War arose from defects in the War Office. Some of them were of a

kind certain to occur where a military organisation is suddenly expanded

beyond its normal size. Still, the errors already described certainly

showed a lack of efficiency, and they have led to a remodelling of the

office. In November, 1903, another commission was appointed for this

purpose, and its principal recommendations[100:1] were put into effect

in the course of the following year.[100:2]

[Sidenote: The Changes of 1904.]

According to this last system, for which the Admiralty served as a

pattern, an Army Council has been formed, consisting of the Secretary of

State for War, the parliamentary under-secretary, the Financial

Secretary to the War Office, and of four military members. The post of

Commander-in-Chief having been abolished, and that of Chief of Staff

created instead, the four military members of the council are the Chief

of Staff, the Adjutant General, the Quartermaster General, and the

Master General of Ordnance. By the terms of the Order in Council the

military members are responsible to the Secretary of State for so much

of the business relating to the organisation, disposition, personnel,

armament and maintenance of the Army as he assigns to them or each of

them, while the Financial Secretary is responsible for finance, and the

parliamentary under-secretary for the other matters that are not

strictly military. The permanent under-secretary acts as secretary of

the council, which has also under its orders a new officer, the

Inspector General of the Forces, charged with the duty of reporting to

it upon the results of its policy, and of inspecting and reporting upon

the training and efficiency of the troops, and the condition of the

equipment and fortifications. But the Army Council has in the last

resort only advisory powers, for the Secretary of State is expressly

declared responsible to the Crown and to Parliament for all its

business.

[Sidenote: Lack of Initiative among Officers.]

An army, and especially a standing army, is liable during a long period

of peace to fall into habits that impair its efficiency in war. One of

the chief criticisms made after the South African War related to the

lack of initiative, and of capacity to assume responsibility, on the

part of the officers both in the War Office and in the field.[100:3]

Now, this is precisely the defect that one would expect to find under

the circumstances. With the traditions of strict discipline ingrained in

military men, there is a natural tendency in time of peace to regulate

everything with precision, leaving to subordinate officers little

independence of action. And in fact the Committee on War Office

Organisation in 1901 reported that the Army was administered by means of

a vast system of minute regulations, which tended on the one hand to

suppress individuality and initiative, while on the other their

interpretation led to protracted references, and to absorbing the time

of high officials by matters of routine.[101:1] The evidence presented

to the Committee on the war in South Africa pointed to the same evil,

for it showed that the deficiencies of the officers arose from their

being too much controlled and supervised during their training.[101:2]

[Sidenote: Their Training.]

The excessive tendency to routine, and the consequent lack of

initiative, might be counteracted in some measure by a keen intellectual

interest in the profession on the part of the younger officers; but the

military education they receive is hardly of a character to stimulate

such an interest. As a rule the candidates for commissions, after

leaving the great public schools, such as Eton, Harrow and Rugby, where

the sons of the upper classes are educated, obtain admission to the

military academies by means of competitive examinations based upon the

curriculum of those schools. The ordinary time then spent in studying at

Woolwich, where the engineer and artillery officers are taught, is two

years; that at Sandhurst, the school for the infantry and cavalry, was

eighteen months before the South African War, and later only a year.

Periods of this length are obviously too short to give a thorough

training, or even a strong interest, in military science; and, in fact,

the object is rather to produce a good subaltern than a highly educated

officer.[102:1] If a man is ambitious for promotion he is expected to

pursue his studies by himself, or to attend the staff college, later in

life. Now, with the modern application of science to warfare, a military

officer has become a member of a learned profession. But in England the

preliminary teaching is insufficient for this purpose; and what is more,

the conditions of the service are very unlike those of learned

professions, and hardly such as to stimulate intellectual activity.

Moreover, the private contributions to the mess, and the other expenses

of an officer, are often so great that it is difficult for a man without

private means to follow the Army as a career. In short, after the

abolition of the purchase of commissions in 1871, the Army ceased to be

a caste without becoming a profession.[102:2]

[Sidenote: Advantages of the Navy.]

The fact that the Navy escapes some of the difficulties that beset the

Army is not due altogether to better organisation. The Navy has in many

ways great natural advantages as compared with the Army. Most civilians

feel that after a short experience they could lead a regiment, but few

landsmen have the hardihood to believe that they could ever command a

ship. The Navy is a mystery which ordinary men do not pretend to

understand, and with which they do not attempt to interfere; and this is

a security for expert management. Again the Navy is less exposed to the

dangers of peace. Warships are constantly in service. If they do not

fight, at least they go to sea; and hence the Navy is far less likely

than the Army to suffer from the demoralising influence of minute and

antiquated regulations.

[Sidenote: The Training of Naval Officers.]

This has an effect also upon the training of naval officers. Under the

old plan which is now being superseded, the theoretical education given

them was by no means high. The cadets destined for executive naval

officers entered "The Britannia" at the age of about fifteen, and spent

there a little less than a year and a half. They then had a service of

about three years at sea, where besides learning the practical side of

their profession, they were expected to study elementary mathematics,

mechanics, physics, navigation, surveying, etc. Then followed a couple

of months at Greenwich preparing for the final examination in those

subjects; and, lastly, before receiving their commissions as

sub-lieutenants, five or six months at Portsmouth studying pilotage,

gunnery, and torpedo practice. Thus the average age for obtaining the

commission was not far from twenty years. The theoretical study pursued

was certainly not of an advanced character. In mathematics, for example,

it did not include the calculus, or even conic sections. In fact,

according to the syllabus as revised in 1899, one of the optional

subjects which men who desired to go farther than the rest might pursue,

if they desired, was projectiles, "treated so as not to require a

knowledge of conic sections."[103:1]

The principal changes made by the new plan, which began to go into

effect in 1903, were, first, making the executive, engineer and marine,

officers more nearly into a single corps, and therefore giving them a

common training until they reach the grade of sub-lieutenant; and,

second, reducing the age for entering "The Britannia" to between twelve

and thirteen. This last change enables the cadets to remain at the

school four years, and will, it is hoped, insure a sounder education.

They are then to get a training at sea for three years, followed by

three months at Greenwich and six at Portsmouth. At that point they are

to receive their commissions as sub-lieutenants, and those who join the

executive branch of the service will go to sea again, while the engineer

and marine officers attend their respective colleges for some time

longer.[104:1] Whatever good effects the new plan may have in other

directions, it can hardly increase materially the scientific education

of the cadet.

But if the education in the theory of naval science has not been carried

far, the junior naval officer has much greater opportunities for

learning the practice of his profession than the officer in the army. In

fact, if not a master of naval science he becomes an excellent seaman,

and this, in the opinion of many officers, is much the more important of

the two.

[Sidenote: The Defence Committee.]

One of the chief criticisms of Lord Hartington's Commission on the

administration of the naval and military departments, bore upon the lack

of combined plans of operation for the defence of the empire. They

suggested the formation of a naval and military council, to be presided

over by the Prime Minister, and to consist of the parliamentary heads of

the two services, and their principal professional advisers.[104:2] In

partial fulfilment of this recommendation a committee of the cabinet was

formed, consisting of the Prime Minister, the parliamentary heads of the

Army and the Navy, the First Lord of the Treasury, with the addition, if

need be, of the Colonial Secretary. The committee was intended to deal

with questions unsettled between the two departments, matters in which a

joint policy was advisable, and questions relating to the relative

importance of expenditures; and it differed from other committees in

that minutes were to be kept of its proceedings, and formally recorded

by the departments. The committee seems, however, not to have fulfilled

the intentions of the Hartington Commission, for it has been openly

stated in Parliament that it never met;[105:1] and even the Secretary

of State for War admitted that it acted mainly with regard to estimates,

and to questions within the War Office and the Admiralty, while, in his

opinion, it ought to act on larger questions of policy. A new Defence

Committee was, therefore, created in 1903, to consist, besides members

of the cabinet, of the most influential experts of the two services, and

when necessary of representatives of the Indian and Colonial Offices.

The committee is intended to deal not only with estimates, but with

larger questions of military policy.[105:2] But whether this result will

be permanently attained, or whether the committee will meet with the

usual fate, and find itself absorbed by details of administration and of

expenditure, is yet to be seen.

The departments of state that remain to be considered in this chapter

need not detain us long. They are all concerned with the internal

government of the kingdom, and so far as their work is of general

interest it will be touched upon again.

[Sidenote: The Home Office.]

The Home Office is a kind of residuary legatee. It is intrusted with all

the work of the secretariat that has not been especially assigned to the

remaining secretaries of state, or to the other administrative

departments. Its duties are, therefore, of a somewhat miscellaneous

character. As the heir to the residue of the secretariat, the Home

Secretary is the principal channel of communication between the King and

his subjects, and countersigns the greater number of the King's acts. He

receives addresses and petitions addressed to the sovereign, and

presents them if he thinks best. Among others he receives petitions of

right--that is, claims to be allowed to sue the Crown--and consults the

Attorney General about the answer to be given. Outlying places, such as

the Channel Islands and the Isle of Man, which are not from an

administrative point of view a part of the United Kingdom and yet are

not colonies, fall under his jurisdiction. He has charge of questions of

naturalisation and extradition. But more important still, the central

control over the police, not having been transferred to the Local

Government Board, remains in his hands, and this gives him wide powers

of supervision. The metropolitan police of London is, indeed,

administered directly by the national government under his immediate

control;[106:1] and although the police elsewhere is not under his

orders, yet the fact that the central government pays one half of the

cost on condition his regulations are observed, enables him to prescribe

the organisation, equipment and discipline of the local police all over

England. Moreover, all by-laws of counties and boroughs, except those

relating to nuisances, must be submitted to him for approval, and may on

his advice be disallowed by the Crown.[106:2] As a part of his authority

in matters of police he manages the prisons, both the national prisons

for convicts and the county and borough gaols. He is responsible for the

appointment and removal of recorders and stipendiary magistrates. He

appoints the Director of Public Prosecutions, and makes regulations

about costs in criminal proceedings. By virtue of special statutes he

sees to the enforcement of the acts relating to factories, mines,

burial-grounds, inebriates, anatomy, vivisection, explosives, and other

kindred matters.

He is assisted by a parliamentary under-secretary, and by a large staff

of permanent officials, beginning with a permanent under-secretary, and

including a prison commissioner, a metropolitan police commission, and a

host of inspectors for factories, mines, police, and so forth.

It will be observed that although primarily responsible for public

order, the Home Secretary is by no means a minister of the interior in

the continental sense, for apart from the police he has very little to

do with local government. The supervision of matters of that kind,

although in part scattered among different departments, is mainly

concentrated in the hands of the Local Government Board. The Home

Secretary has, on the other hand, some of the functions of a minister of

justice; and this will be referred to again when we come to speak of the

Law Officers of the Crown.

[Sidenote: The Board of Works.]

The Board of Works is not regarded as a department of great political

importance, and for this reason it presents one of the two or three

cases where the minister has no parliamentary under-secretary. For a

score of years the public lands and buildings were under the care of a

body called the Commissioners of Woods and Forests; but in order to keep

the revenue from land separate from the expenditure upon buildings, and

so bring the latter more completely under the control of Parliament, the

duties were divided in 1852. The Commissioners of Woods, Forests and

Land Revenues were made a permanent non-political body under the

Treasury, while the Board of Works was established to take charge of the

construction and maintenance of parks, palaces and other buildings. At

that time many of the public buildings were, in fact, committed to the

care of the departments that occupied them; but by a series of statutes

these have now been transferred almost wholly to the Board of Works.

Now, although the amount of money that passes through its hands is very

large, the board is by no means entirely free, for without the sanction

of the Treasury it can undertake no work not directly ordered by

Parliament, and it can make no contracts for the erection of large

public buildings without submitting them to the same authority,[107:1]

which also appoints the ordinary permanent staff of the office.[107:2]

[Sidenote: The Board of Trade.]

The Board of Trade occupies, on the contrary, a position of great and

growing importance. It has had a long and chequered history, and

although in the course of its career it has lost duties enough to keep

an active department busy, these have been more than replaced under

that modern tendency toward state regulation of industry which is

constantly adding to its burdens. It deals not only with trade, but with

many of the chief agencies of trade, and especially with transportation.

As in the case of the three other boards to be described hereafter, the

Board of Trade is engaged not in direct administration, but in

supervising and regulating the action of private bodies and local

authorities, and in keeping a watch upon the enforcement of the law.

Speaking broadly, its powers have grown by the process of making it

responsible for the application of a great many statutes.

Its functions may be classified roughly under the heads of collecting

information, registration, inspection, and authorising acts or

undertakings of a public nature; although any such classification is

sadly confused by the fact that duties of more than one kind have been

conferred upon the board in regard to the same subject-matter, and even

by the same statute. To the first of these classes belong its functions

in collecting and publishing statistics relating to domestic and foreign

trade, and giving advice on commercial matters to other departments of

the government. To that class belong also its functions as a labour

bureau in preparing statistics about labour, wages and other matters

touching the interests of workingmen. In this connection it has power

also to act as a board of conciliation in labour disputes, and to name

arbitrators or conciliators. Under the head of registration may be

mentioned its duties in maintaining the standards of weights and

measures; registering joint-stock companies; examining and recording

patents and trade-marks; and keeping a register of ships and seamen.

Under the head of inspection come its functions in ascertaining that

merchant vessels are in a seaworthy condition, and properly laden,

officered, manned and equipped; with the power to detain unseaworthy

craft. Under the same head may be classed its control over harbours, its

duty to see to the enforcement of the laws relating to railways[109:1]

and to inquire into the causes of railway accidents and disasters at

sea. As an example of the final class of powers may be cited the fact

that the by-laws of a railway company require for their validity the

approval of the board; but a far more important instance is to be found

in its control over the building of new lines of railway, over new

undertakings for the supply of water, gas and electric light, and over

the construction of tramways and light railways, the last being a recent

invention legally very different, but physically indistinguishable, from

tramways. This control is exercised by means of provisional orders,

prepared by the board after an investigation and a hearing of all the

persons interested, and then confirmed by Parliament.[109:2] The

petitioner is not, indeed, compelled to resort to a provisional order,

but may avoid the direct control of the Board of Trade by means of a

private bill in Parliament. But a provisional order is far less

expensive; and even when the procedure is by private bill the board

endeavours to exert its influence by scrutinising the bill, and bringing

to the notice of the officers of the House any departures from the

general policy of legislation.[109:3] The result is that the board has

an effective, although by no means an absolute, control over these

matters.

The subject of bankruptcy has also been placed in the hands of the Board

of Trade, and except for legal questions which come before the courts,

it has the entire charge of the cases, maintaining for that purpose a

staff of inspectors, examiners and official receivers.

The nearest approach to actual administrative work intrusted to the

board is in the case of lighthouses, buoys and beacons, which are

maintained by Trinity House, an ancient corporation composed of

self-elected brethren but financially under the control of the Board of

Trade.

[Sidenote: The Local Government Board.]

Until the era of the Reform Bill local affairs in England were managed

in the main by justices of the peace and town councillors, whose powers

were derived from a host of statutes covering many subjects in great

detail. These officers were kept rigorously within the limits of their

authority because the legality of their acts could be tested in the

courts of law; but they were almost entirely free from administrative

control. The first wide breach in the system was made by the Poor Law

Amendment Act of 1834, which aimed at a reform in the method of giving

poor relief, and set up for the purpose a commission to supervise the

local bodies. The new commissioners, being vigorous and efficient,

aroused hostility, and as they were not permitted to sit in Parliament,

they found it hard to defend their policy. In fact the experience they

went through is used by Bagehot as an illustration of the impotence of

an executive department without a representative in the House of

Commons.[110:1] In 1847 the body was reorganised under the title of the

Poor Law Board, with a responsible minister at its head, and thenceforth

received from time to time additions to its duties. Various functions

relating to public health and local government had in the meanwhile been

intrusted to the Home Secretary and the Privy Council; and, finally, in

1871 the greater part of them were transferred to the Poor Law Board,

which was given the name of Local Government Board.

Legislation of this kind has entirely transformed the nature of English

local government. Partly by bringing the exercise of existing powers

under the supervision of the central government, partly by subjecting to

systematic control the new powers called into life by the wants of the

time, the old system of local self-government--limited by law, but

independent of any administrative superior--has been replaced by a

system where the local bodies, and especially those outside of the great

towns, are to a considerable extent under the tutelage of the state. The

subjection is not the same as that which prevails in other European

countries, and it is not so great, but it is in some respects more

nearly akin to the continental system than to that of England in the

eighteenth century.

Except for such matters as police, education, and the supply of

transportation, light and water, the control over the local authorities

is almost entirely vested in the Local Government Board; but as the

subject of local government, and therefore the powers of the board, will

be considered at some length in another part of this book, we do not

need to enumerate its functions here. We need only point out that it has

the unusual number of five assistant under-secretaries, and a large

staff of clerks, auditors and inspectors. But although the amount of

head work to be done, and therefore the number of permanent officials of

high grade, is large, yet from a political point of view the department

is not regarded as of the first class.

[Sidenote: The Board of Agriculture.]

The creation in 1889 of a new department of state to attend to the

matters that have been transferred from various commissions to the Board

of Agriculture hardly seems to have been necessary; and, indeed, the

board is not important enough to require a parliamentary

under-secretary. It has inherited the duty of shaking the dry bones of

ancient tenures by dealing with such subjects as the commutation of

tithes, the enfranchisement of copyhold, the enclosure of commons,

allotments to labourers, and the improvement of land by limited owners.

The control of fisheries, the promotion of agriculture and the

prevention of contagious diseases among animals are also placed under

its care, and it has been given power, or rather authority, to muzzle

dogs and destroy the Colorado beetle.

[Sidenote: The Board of Education.]

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