The Board of Education is the youngest of all the boards, but in reality

it is only a committee of the Privy Council reorganised with some

additional powers. The most remarkable thing about the act creating

it--apart from the erection of a sham board--is the extent of the

authority delegated to the executive. Instead of prescribing minutely

the organisation and functions of the department of education, the act

empowered the government, in its discretion, to set up such a

consultative committee as it saw fit, and to transfer to the board any

educational duties of the Charity Commissioners or the Board of

Agriculture that it thought best.[112:1] Both of these powers have been

exercised by Orders in Council of Aug. 7, 1900, and the Consultative

Committee has been made to consist of representatives selected by the

universities and by other bodies interested in education. But the

subject of public education will be treated in subsequent chapters, and

it is enough here to note that by means of elaborate regulations,

commonly known as the Education Code, the board prescribes the

instruction to be given in all schools aided by public money;[112:2]

that it inspects endowed or private secondary schools at their

request;[112:3] and that it has charge of the museums at South

Kensington and Bethnal Green, and of the Geological Museum and Survey.

[Sidenote: The Post Office.]

From the point of view of the national government the Post Office has

two functions. It is a great administrative department which conducts a

huge business, with a minister at its head; and it is a source of

income, its gross receipts forming about one seventh of the total

revenues of the United Kingdom, its disbursements only about one tenth

of the total expenditure. For that reason it is under a financial

control by the Treasury so strict as to leave very little chance for

independent action, and this renders the position of Postmaster General

far less important than it would otherwise be. The office has been

regarded as political since 1837; but until 1866 the holder could not

sit in the House of Commons, and since that time he has occasionally

been a peer, the Post Office in such a case being usually represented in

the Commons by the Financial Secretary of the Treasury. The duties of

the Postmaster General are minutely prescribed by statute, and while he

has power to make regulations for the management of the postal service,

it is not easy to make substantial changes or improvements without

affecting the receipts or the expenses, and when that is done he comes

at once under the control of the Treasury. The rates of postage, for

example, and the compensation for carrying the mails, when not fixed by

Act of Parliament, are subject to the approval of the Treasury; and so

are the purchase or sale of land, and any lease of the right to carry on

a telegraph or telephone business. The same approval is also required

for his regulations touching money-orders, post office savings-banks,

and the telegraph, although in these cases the revenue would not appear

to be necessarily involved. In short, as Sir William Anson puts

it,[113:1] "The Postmaster General is no more than the acting manager of

a great business, with little discretionary power except in the exercise

of the very considerable patronage of his office."[113:2]

The business of the department is certainly enormous, the number of

persons employed being little short of two hundred thousand. In addition

to the usual work of transmitting letters, books, parcels and

money-orders, the Post Office in England maintains savings-banks, with

deposits of about 150,000,000_l._; and it has been given exclusive

control of the telegraph by provisions which have been held to include

the telephone also. But while the administration of the telegraph has

been retained by the government in its own hands, the right to conduct

the telephone business was granted, by means of temporary licenses, to

private companies, and to some extent to local authorities also; and the

government has only recently decided to take over the management as soon

as the licenses expire.

FOOTNOTES:

[82:1] Such are the offices of the Lord Steward and the Lord

Chamberlain, the latter having in his charge also the censorship of

plays and theatrical performances.

[83:1] The name of the Board of Trade is now statutory (25-26 Vic., c.

69, Sec. 2; 52-53 Vic., c. 63, Sec. 12, cl. 8). Its composition,

however, is fixed not by statute but by Order in Council at the

beginning of each reign, save that an act of 1867 (30-31 Vic., c. 72)

abolished the office of Vice-President, and provided instead that one of

the secretaries to the board might sit in Parliament.

[83:2] For the organisation of the Board of Works, see 14-15 Vic., c.

42; 37-38 Vic., c. 84; for the Local Government Board, 34-35 Vic., c.

70; Board of Agriculture, 52-53 Vic., c. 30; Board of Education, 62-63

Vic., c. 33.

[83:3] In the case of the Board of Works he is styled First

Commissioner.

[84:1] The Council of India, described hereafter, has some of the

characteristics of a board.

[84:2] Hans., 4 Ser. LXVIII., 678-9; LXX., 338, 351; LXXIII., 632, 666.

[84:3] _Ibid._, LXXIII., 676.

[84:4] In the course of the debate Lord Norton declared (Hans., 4 Ser.

LXVIII., 676) that he had served on two different boards, and could

remember only one instance where a board had been called together or

consulted in any way.

[85:1] Hans., 4 Ser. LXX., 353. There may have been good reasons for not

creating a sixth secretary of state, and among them the fact that a

secretary of state receives a salary of 5000_l._, while the president of

the board receives 2000_l._ But, as Mr. Bryce pointed out (Hans., 4 Ser.

LXXIII., 632), a secretary might have been appointed who, like the

Secretary for Scotland, should not be a secretary of state. The salary

of the Secretary for Scotland is, in fact, 2000_l._

[86:1] Until a few years ago the departments were: (1) the Eastern

(Eastern Europe and Central Asia); (2) Western (Western Europe,

Northwest Africa and the Pacific Islands); (3) American and Asiatic

(which includes China, Japan and Siam); (4) Consular (including East and

West Africa); (5) Commercial; (6) The Chief Clerk's (which has charge of

financial business); (7) The Library (with the papers of the office);

(8) The Treaty Department. (Fourth Rep. of the Comn. on Civil

Establishments, Com. Papers, 1890, XXVII., 1.) Within a few years four

new departments have been created: an African, an African Protectorates,

a Far Eastern and a Parliamentary. (See the Foreign Office List.)

[87:1] Ch. viii. The permanent under-secretary at the head of the staff

holds, however, an important place.

[88:1] See Hammond, "The Adventures of a Paper in the Foreign Office."

Rep. of Sel. Com. on Trade, Com. Papers, 1864, VII., 279, Q. 1384.

[88:2] Colonial Office List, 1907, XIII.

[89:1] Three of the members may, however, be appointed for life, and any

other member may be reappointed for five years. Ilbert, "Government of

India," 112.

[89:2] _Ibid._, 152-55.

[91:1] Report of Comrs. on Admn. of Naval and Mil. Depts., Com. Papers,

1890, XIX., 1, pp. viii-ix.

[91:2] 2-3 Will. IV., c. 40, Sec. 1.

[91:3] Lord Charles Beresford was a Naval Lord and a member of the House

of Commons from 1886 to 1888.

[92:1] Rep. of Comrs. on Admn. of Naval and Mil. Depts., Com. Papers,

1890, XIX., 1, p. viii.

[92:2] _Ibid._, p. x.

[93:1] Return on the Distribution of Business between the Members of the

Admiralty Board, Com. Papers, 1890, XLIV., 605.

[93:2] Rep. of Comrs. on Admn. of Naval and Mil. Depts., Com. Papers,

1890, XIX., 1, p. ix.

[93:3] Todd, II., 767 _et seq._

[93:4] The military forces consist of the regular army (with the

reserves, that is, the men who have served their time but are liable to

be recalled in case of war); and of the militia, yeomanry and

volunteers. The militia are a little more like regular troops than the

volunteers. They are formally enlisted and their period of training is

longer. None of the auxiliary forces can be ordered out of the United

Kingdom; but while the volunteers are intended solely to support the

regular army in defending the country in case of invasion, the militia

have always offered their services in time of war, and have often been

used for garrison duty both at home and abroad, and even for field

service abroad. The yeomanry are a body of cavalry forming part of the

militia. A royal commission on the militia and volunteers reported in

1904 that both of these forces were unfit to take the field against a

regular army; that the period of training ought to be increased in each

case; and that a home defence army, capable of protecting the United

Kingdom in the absence of the greater part of the regular army could be

raised only by universal compulsory military service. (Com. Papers,

1904, XXX., 175, pp. 6, 9, 11, 15-16.) This last suggestion was received

with general disfavour.

[94:1] For the History of the War Office up to this time, see Clode,

"Military Forces of the Crown."

[95:1] Order in Council, June 4, 1870, Com. Papers, XLII., 683.

[95:2] Com. Papers, 1890, XIX., 1.

[95:3] By virtue of Orders in Council of Dec. 29, 1887, and Feb. 21,

1888. _Ibid._, App. viii.

[96:1] On account of a vote at the close of the same debate in which

this change was announced.

[96:2] Com. Papers, 1896, LI., 483.

[97:1] Rep. of Com. on War Office Organisation, Com. Papers, 1901, XL.,

179, p. 21; Rep. of Com. on the War in South Africa, Com. Papers, 1904,

XL., 1, pp. 138-42.

[98:1] Com. Papers, 1901, XXXIX., 243.

[98:2] _Ibid._, 1902, LVIII., 717.

[98:3] Hans., 4 Ser. XC., 327 _et seq._; XCI., 6 _et seq._

[98:4] 6 Anne, c. 7, Sec. 28. (In the Rev. Sts. it is c. 41, Sec. 27.)

[99:1] Rep. in Com. Papers, 1904, XL., 1, pp. 28, 30.

[99:2] _Ibid._, p. 89.

[99:3] _Ibid._, p. 87.

[99:4] _Ibid._, p. 94.

[99:5] _Ibid._, pp. 94-96.

[99:6] _Ibid._, pp. 94-95.

[99:7] _Ibid._, pp. 86-87.

[99:8] _Ibid._, pp. 93-94.

[100:1] Com. Papers, 1904, VIII., 101.

[100:2] _Cf._ Orders in Council of Aug. 10, 1904, Com. Papers, 1905,

XLVI., 291, 295, 299.

[100:3] Rep. of Com. on War in South Africa, Com. Papers, 1904, XL., 1,

pp. 52-56.

[101:1] Rep. of Com. on War Office Organisation, Com. Papers, 1901, XL.,

179, p. 2.

[101:2] Rep. of Com. on War in South Africa, Com. Papers, 1904, XL., 1,

pp. 52-56.

[102:1] The recent Committee on Military Education evidently approved of

that object. Com. Papers, 1902, X., 193, p. 24.

[102:2] The Committee on Military Education were impressed by the

widespread dissatisfaction with the education of army officers, and in

Sandhurst, especially, much was found to criticise. The education of the

junior officers after leaving the military academies was reported to be

in a most unsatisfactory state. They were said to be lamentably wanting

in military knowledge, and in the desire to study the science and master

the art of their profession; while the examinations for promotion

encouraged "the customs of idleness with a brief period of cram." Com.

Papers, 1902, X., 193. There may well be some exaggeration in the

criticism of the moment, due to a natural revulsion from the military

self-complacency that preceded the war.

[103:1] Rep. of Com. on Training and Examination of Junior Naval

Officers, Com. Papers, 1901, XLII., 621, p. 15.

[104:1] Memorandum, Com. Papers, 1902, LXI., 675. Since this was written

another change has been made dividing naval officers into a sea-faring

and fighting branch and an engineer branch.

[104:2] Com. Papers, 1890, XIX., 1, pp. vi-viii.

[105:1] Lord Charles Beresford, Hans., 4 Ser. CXII., 1146, 1147.

[105:2] Rep. of Com. on War in South Africa, Com. Papers, 1904, XL., 1,

pp. 135-36. Hans., 4 Ser. CXVIII., 291.

[106:1] The "City" of London is an oasis with its own police force.

[106:2] Glen on Public Health, 12 Ed., 443, 1169, 1341.

[107:1] Rep. Com. on Nat. Expend., Com. Papers, 1902, VII., 15, Q. 1425.

[107:2] 14-15 Vic., c. 42, Secs. 16, 17.

[109:1] In 1873 the settlement of railway controversies was transferred

to a judicial body, the Railway and Canal Commission.

[109:2] In the case of light railways the orders are made by the Light

Railway Commission and confirmed by the Board of Trade, the members of

the Commission being appointed by the President of the Board. 59-60

Vic., c. 48; 1 Edw. VII., c. 36.

[109:3] Rep. of Com. on Municipal Trading, Com. Papers, 1900, VII., 183.

[110:1] "English Const.," 1 Ed., 228-30.

[112:1] 62-63 Vic., c. 33, Secs. 1-4.

[112:2] This does not, of course, apply to special establishments, like

the naval and military schools, which are managed by other departments.

[112:3] Throughout this chapter statements relating to local government

must be understood not to apply to Scotland or Ireland; but in this case

Wales, with Monmouthshire, is also excluded because, by the Welsh

Intermediate Education Act of 1889, a special board chosen by the local

authorities inspects the secondary schools there.

[113:1] "Law and Custom of the Constitution," II., 184.

[113:2] It may be observed that for many years after 1868 the Postmaster

General was rarely in the cabinet, and hence he has not acquired the

authority possessed by a regular cabinet minister. He has, however, now

been in the cabinet continuously since 1892.

CHAPTER V

THE TREASURY

The most important of all the departments, and the one that exhibits in

the highest degree the merits of the English government, is the

Treasury. It is the central department of the administration, which

keeps in touch with all the others, and maintains a constant financial

control over them. But before considering how that is done it may be

well to explain the process by which money flows in and out of the

national purse. The part played by Parliament in the imposition of

taxes, and the authorisation of expenditure by means of appropriations,

will be described in chapter XIV, and we are concerned here only with

the machinery for collecting those taxes, and giving effect to the

appropriations.[115:1]

[Sidenote: The Consolidated Fund and the Bank of England.]

Until the Commonwealth, taxes were, as a rule, granted to the King, who

used the proceeds to carry on the government as he saw fit; but under

Charles II. Parliament began to appropriate parts of the revenue for

specific purposes, and after the revolution of 1688 this developed into

a comprehensive system, so that the whole revenue was appropriated, to

be used only for the objects, and in the sums, designated by

Parliament.[115:2] It was the custom, however, to appropriate for

specific objects the proceeds of particular taxes, a practice that made

the public accounts needlessly complex. In 1787 William Pitt, following

earlier partial experiments, simplified matters by creating a single

Consolidated Fund into which all revenues from every source were

turned, and from which all payments were made.[116:1] The Consolidated

Fund is deposited in the Bank of England and the Bank of Ireland, which

have a right to use it like any other deposit, and perform, in fact, for

the government much the same service that an ordinary bank does for a

merchant. This method of dealing with the national finances continued

substantially intact until a few years ago,[116:2] when it was

complicated by two innovations, one of which allows a department to use

incidental revenues, under the name of "appropriations in aid," to

defray expenses, and the other sets aside certain parts of the national

income to supplement local taxation, in each case without passing

through the Consolidated Fund.[116:3] The second of these exceptions is

due to the great increase of local expenditure, and the narrow range of

local taxation, which have caused a demand for national subventions, and

have resulted in setting apart for the purpose the proceeds of specific

sources of revenue. In this way the income from the local taxation

licenses, and a portion of the income from the death duties and the

duties on spirits and beer, are now collected by the central government

and paid directly into the Local Taxation Account.[116:4] But saving

these cases, all the national receipts are paid into, and all the

disbursements are made from, the Consolidated Fund.

[Sidenote: Method of Getting Money into the Consolidated Fund.]

[Sidenote: The Sources of Revenue.]

The financial procedure of the Treasury is now regulated by the

Exchequer and Audit Departments Act of 1866,[117:1] and the Public

Accounts and Charges Act of 1891.[117:2] By these acts the gross

revenue--after making the deductions already mentioned--is paid into the

"account of His Majesty's Exchequer," at the Banks of England and

Ireland, to be used as a single fund. The three chief collectors of

revenue are the Commissioners of Customs, the Commissioners of Inland

Revenue and the Post Office. With the growth of the principles of free

trade the customs duties became confined to coffee, chicory, cocoa,

dried fruit, tea, tobacco, wine, and a number of articles, such as

spirits, on which duties are laid to countervail the excise upon similar

articles produced at home. To these were added at the time of the South

African War an export duty on coal, and import duties on sugar and

grain, the last being again dropped in 1903, while the coal duty was

repealed in 1906. Under normal fiscal conditions in times of peace, the

customs duties yield about one fifth of the total revenue, the receipts

being mainly from tobacco, tea and spirits. The gross receipts from the

Post Office (including the telegraphs) form about one seventh of the

revenue, but this is really misleading, because three quarters of those

receipts are paid out again for the expenses of the department. All but

a very small fraction of the remaining receipts come through the

Commissioners of Inland Revenue, and their sources of income are of a

miscellaneous character. The largest item is the excise, mainly on beer

and spirits, which yields more than a quarter of the total national

revenue.[117:3] The next largest is the income tax, which varies very

much from time to time, and has produced during the last score of years

from one seventh to one quarter of the total revenue. Then there are the

death duties, a progressive tax on property passing at death, which

yield one tenth of the revenue. The ancient land-tax, and the

inhabited-house duty produce comparatively small sums; and, finally,

there are the stamp duties on all kinds of transactions, articles and

licenses which yield all together about one twelfth of the revenue. Some

of the license fees collected under the head of excise are so small as

to appear rather vexatious than productive, such as one guinea for the

display of armorial bearings not used upon a carriage, fifteen shillings

for a license to have a manservant, or keep a carriage with less than

four wheels, and fourpence a day for the privilege of occasionally

selling tobacco.[118:1]

[Sidenote: Permanent and Annual Taxes.]

Neither the expenditure nor the proceeds of taxes being absolutely

constant, it is necessary, in order to maintain a close balance between

them, to adjust the sources of revenue to some extent from year to year,

and this is done by means of a small number of variable charges. Most of

the taxes are imposed by permanent statutes, changed only at long

intervals, but the rates of assessment under the tea duty and the income

tax are fixed each year in the annual Finance Act; and since 1894

certain additional duties on beer and spirits have also been laid for a

year at a time.

[Sidenote: Accuracy of the Budget.]

It has been the aim of English statesmen to make the revenue and

expenditure of each year balance one another as closely as possible, and

their skill in doing so has been extraordinary. While the South African

War was raging such a result was naturally impossible, but during the

preceding twenty-five years the difference between receipts and

expenditures (including payments on account of the debt) was never more

than about four per cent, and in fifteen of those years it did not

exceed one and a half per cent. The taxes are, indeed, of such a

character that it is possible to forecast their proceeds with great

accuracy. The Chancellor of the Exchequer intends to make his

calculations so as to leave a margin of safety, and yet during the

period under consideration the difference between the estimated and

actual receipts was never more than about three and a half per

cent.[119:1]

Accurate fiscal administration is very much promoted by the rule that

any part of an appropriation unexpended at the end of the financial year

in which it is voted shall lapse, and cannot afterwards be used unless

it is granted afresh by Parliament.[119:2] The rule has been thought to

lead to wastefulness by provoking improvident haste in spending the

whole appropriation before March 31.[119:3] But such an evil is surely

far smaller than that of allowing the appropriations to run on, with the

result, well known in France, for example, that the annual accounts

cannot be finally made up, and the extent of the deficit determined,

until several years have passed.

Like all other excellent things devised by men, the English system of

finance is not without its drawbacks. If it promotes careful

administration, and rivets attention upon any increase in the budget, it

also makes the revenue inelastic in emergencies. A great deal has been

said in Parliament of late about broadening the basis of taxation, but

that is a very difficult thing to do suddenly, without dislocating the

commercial as well as the fiscal system; and while the existing taxes

are elastic up to a certain point, an attempt to raise them too much

would diminish rather than increase their productiveness.

[Sidenote: Method of Getting Money out of the Consolidated Fund.]

Just as there are two kinds of taxes, one permanent and the other

annual, so there are two classes of expenditure, one regulated by

standing laws, and the other by annual appropriations. All the ordinary

expenses of the government require parliamentary sanction every year,

both on the theory that the money collected from the nation ought not to

be spent without the consent of its representatives, and also in order

that Parliament may be able to oversee the administration and criticise

it in every session. But there are certain matters that ought to be kept

aloof from current politics, and ought not to be brought in question in

the heat of party conflict. The principal charges that have been

regarded in this light are the interest on the national debt, the Civil

List or personal provision for the King, annuities for the royal family,

certain pensions, and the salaries of the judges, of the Comptroller and

Auditor General, of the Speaker, and of a few officers of lesser

importance. These charges amount to nearly one quarter of the total

expenditures; and they are called Consolidated Fund charges, because by

statute they are paid directly out of the Consolidated Fund without the

need of any further action by Parliament. The other expenditures are for

what are known as the supply services, because the appropriations for

them are voted by the House of Commons in Committee of Supply.

The administrative procedure for getting money out of the Consolidated

Fund to pay the Consolidated Fund charges and the supply services is not

precisely the same. In the case of the supply services a royal order for

the amounts appropriated by Parliament is made under the King's sign

manual, countersigned by two of the Commissioners of the Treasury. The

Treasury then requires the Comptroller and Auditor General to grant

credits at the Banks of England and Ireland for those amounts, and if

satisfied that the authority from Parliament is complete, he makes an

order on the banks granting the credits. From time to time the Treasury

requests the banks to transfer to the various supply accounts, for

disbursement, sums of money not exceeding the credits so granted.[121:1]

The procedure in the case of Consolidated Fund charges differs from this

only in the fact that a royal order is not needed, and the Comptroller

and Auditor General, on the requisition of the Treasury, grants

quarterly credits for the amounts prescribed by statute.[121:2] By this

process a highly effective security is provided that no money shall be

spent without the authority of Parliament. The Consolidated Fund is

deposited in the banks of England and Ireland, which are liable if any

of it is withdrawn without an order from the Comptroller and Auditor

General, while that officer is given the same independence as the

judges. Like them he is appointed during good behaviour, with a salary

charged upon the Consolidated Fund. The security is not absolutely

perfect, for there are some moneys, such as the appropriations in aid,

that do not pass through the Consolidated Fund; and as no foresight can

be unfailing, the government is given a limited power to meet unforeseen

contingencies, and to cover expenses that have inevitably proved larger

than was anticipated.[121:3] But all matters of this kind are fully

reported to Parliament by the Comptroller and Auditor General.

[Sidenote: Audit of the Accounts.]

The Treasury lays before Parliament annually the Finance Accounts of the

preceding year, while the Comptroller and Auditor General submits at a

later date a separate report. Therein he examines the Consolidated Fund

charges, and makes for the supply services more elaborate statements,

called the Appropriation Accounts, in three volumes, relating to the

Army, the Navy and the civil service. The accounts are rendered to him

by the several departments, and after auditing them he transmits them to

the House of Commons with his comments.[121:4]

The money granted by Parliament is divided into votes, of which there

are in all about one hundred and forty.[122:1] In the estimates these

votes are subdivided into subheads and items; but the votes would appear

to be the only limitation expressly placed by Parliament upon

expenditure; for the Annual Appropriation Act provides that the sums

granted shall be deemed to be appropriated "for the services and

purposes expressed in Schedule (B) annexed" thereto, and that schedule

gives a list of the votes, but not of the subheads or items.

Nevertheless, the Comptroller and Auditor General is enjoined by the

Exchequer and Audit Departments Act of 1866 to ascertain whether the

money expended has been applied to the purpose or purposes for which

each grant was intended to provide,[122:2] and hence the reports that he

submits note the excess or saving with the reasons therefor, under each

subhead, and sometimes, as in the case of votes for the construction of

new buildings, under each item. He adds, also, his own comments wherever

it seems to him necessary to do so. All this is done, even where the

saving under one subhead more than counterbalances the excess under

another in the same vote. When that happens, however, no action by

Parliament is required; but if the total amount of a vote has been

overspent, the excess is entirely unauthorised, and must be covered by a

deficiency appropriation, which Parliament grants upon the reports of

the Comptroller and Auditor General and the Committee on Accounts of the

House of Commons. To the last rule there is one exception. In order to

facilitate the administration of the Army and Navy, the Annual

Appropriation Act declares that the Treasury may authorise expenditure,

not provided for, to be defrayed temporarily out of any surplus effected

upon other votes in each of those departments; and the Act goes on to

recite and sanction the transfers of surplus so authorised by the

Treasury in the last year for which the accounts are complete.[123:1]

This brings us to another important question, that of the financial

control of the Treasury over the other branches of the administration.

[Sidenote: Treasury Control over Other Departments.]

[Sidenote: Control over Estimates.]

There has been a great deal of discussion about Treasury control over

the receipt and expenditure of public money. In the case of the receipts

it is a simple matter, for the financial control over the Post Office

has already been described, and the other great revenue departments are,

as will shortly be explained, virtually subordinate to the Treasury. The

question of control over expenditure is far more complicated. Committees

of the House of Commons have, at different times, collected evidence on

the subject,[123:2] but the statements made have often been vague, and

tend to confuse the control of the Treasury over the estimates, with its

control over expenditure after the appropriations have been voted by

Parliament. The control over the estimates has been discussed in the

preceding chapter. It is only necessary here to repeat that such a

control is by no means absolute, because any important question of

expenditure becomes a question of policy to be decided, in case of

disagreement, by the Prime Minister or the cabinet; and to point out

that the departments supported by their political chiefs are usually too

strong for the Treasury to resist.[123:3]

[Sidenote: Control over Expenditure.]

It might be supposed that after the appropriations had been voted the

departments would be free in expending them, subject only to their

responsibility to Parliament; but this is not altogether true. In the

first place a statute sometimes requires that the expenses of a

department shall be sanctioned by the Treasury.[124:1] Then it is not

infrequently provided that the salaries shall be fixed by the Treasury,

or that alterations in the establishment shall require its consent.

Moreover, the salaries of certain grades of clerks are regulated by

Orders in Council,[124:2] which are changed only on the advice of the

Treasury. Apart, however, from statutes and Orders in Council there is a

general customary principle forbidding any increase in the civil

establishment of a department,--that is, any increase in the number or

salary of permanent officials,--without the approval of the Treasury;

and this although the appropriations would not be exceeded.[124:3]

[Sidenote: Transfer of a Surplus.]

Over certain departments the control is even more extensive, for not

only do the contracts made by the Post Office require its approval, but

contracts entered into by the Board of Works are also the subject of

discussion between the Treasury and the First Commissioner.[124:4] In

the case of the Army and Navy the fact that the Treasury can authorise a

transfer of the surplus under one vote to cover a deficiency under

another gives it a certain authority; and, indeed, its sanction is to

some extent sought even for transfers between subheads of the same vote.

This last is, of course, a matter of custom rather than of law, and

practice differs in the two services. The Admiralty, which always plays

the part of the good boy, comes very frequently to the Treasury for

permission to make transfers between subheads before it acts; while the

Army, save in exceptional cases, comes only at the end of the year for a

formal approval.[125:1] The exceptional cases are, however, numerous.

They sometimes extend even to separate items, and are regulated by a

code of rules made by the Treasury and the department.[125:2] Every

excess, for example, of a certain size in an item for a new building,

the payment of any excess to a contractor, the discharge of a loss, or

the insertion of a new item, require the sanction of the Treasury; and

in fact the Appropriation Accounts of the Army and Navy are followed by

many pages of correspondence on matters of this kind between the

Treasury and the department. In the case of the civil services, where

the Treasury has no authority to sanction transfers between votes, the

system is less elaborate and the correspondence is not printed in full.

Still there are frequent references in the accounts to Treasury letters

sanctioning expenditures under subheads or items, especially in relation

to such matters as salaries, the purchase of land, large excesses over

estimates for construction, the abandonment of claims, and unforeseen

expenditures.[125:3]

[Sidenote: Effect of Treasury Control.]

The control by the Treasury is sometimes vexatious in small

matters,[126:1] but it does not seriously hamper the administration, or

impair the efficiency of the service;[126:2] and while it can hardly

prevent an expenditure on which a department is seriously

determined,[126:3] the very need of consultation can hardly fail to act

as a restraint upon extravagance.[126:4]

In addition to its control over the application of the sums voted by

Parliament, and its authority to permit the use of appropriations for

purposes not contemplated in the estimates, the Treasury has a limited

power to open the national purse in case of necessity when no grant has

been made by Parliament. For this purpose it has three sources of supply

at its disposal: the Treasury Chest Fund, limited to 1,000,000_l._, may

be used to make temporary advances for carrying on the public service,

to be repaid out of sums afterwards appropriated; the Civil

Contingencies Fund, limited to 120,000_l._, is available on similar

terms for unforeseen contingencies and deficiencies; and, finally, any

incidental receipts, not granted by Parliament as appropriations in aid,

may be used as such under the authority of a Treasury minute to be laid

before the Houses.[126:5]

[Sidenote: The Organisation of the Treasury.]

In the remarks on the history of the Treasury Board, at the beginning of

the last chapter, it was pointed out that the board no longer meets.

The Treasury minutes are still drawn up in the name of "My Lords," but

this is merely the survival of a form, and all the members of the board,

except the Chancellor of the Exchequer, have ceased to take part in

directing the financial administration. The three junior lords have at

times some small departmental duties, but their real functions are to

act as assistants to the Parliamentary or Patronage Secretary, who is

the chief government whip in the House of Commons. All the four whips

receive salaries from the state on the theory that it is their duty to

keep a House, or in other words to insure the presence of a quorum,

while the supplies are being voted. But in fact they are officers, not

of the state, but of the party in power, and it is their business to see

that whenever a vote is taken in which the ministry is interested, their

partisans are present in greater force than those of the Opposition. The

relation of the First Lord to the Treasury is anomalous. He is usually

the Prime Minister, and as such is supposed to keep a general

supervision upon all branches of the administration, and to act as a

sort of umpire between the different ministers, and, therefore, between

the Treasury and the other departments. But whether he is Prime Minister

or not he has a real connection with the Treasury. The functions of that

office cover a much wider field than its name would imply, including

subjects of a most miscellaneous character; and while the finances are

entirely under the charge of the Chancellor of the Exchequer,--who is,

in fact, the Minister of Finance, with the Financial Secretary of the

Treasury as his parliamentary under-secretary,--the First Lord may be

said, speaking very roughly, to be at the head of the outlying

departments which are not concerned with financial affairs.

[Sidenote: The Subordinate Departments.]

The Treasury has been described as a superintending and controlling

office that has properly no administrative functions;[127:1] and this,

in a sense, is true, for even in money matters its duty as an organised

department is financial direction and control, not the actual

collection and disbursement of the revenue. It prepares the budget,

reviewing the estimates submitted to it, and devising the means of

defraying them; it supervises the collection of the revenue, and keeps

watch over the expenditure. In this work the political chiefs are

assisted by a body of clerks, headed by the permanent under-secretary,

whose office is generally regarded as the highest in the permanent civil

service. The offices that have direct charge of the collection of

revenue have separate organisations with distinct staffs of permanent

officials; but, except for the Post Office, they have no political

chiefs of their own, and are in fact subordinate branches of the

Treasury. The four great offices of this kind are the Post Office, which

has already been described; and the departments of Customs, of Inland

Revenue, and of Woods, Forests and Land Revenues, each of which is

managed by commissioners who are members of the permanent civil service,

and do not change with changes of ministry.[128:1]

The Treasury bears a similar relation to the departments that deal with

purely fiscal payments, the National Debt Office, the Public Works Loan

Board, and the Paymaster General's Office, through which almost all

disbursements are now made. For, although the Paymaster General is a

political officer, he has ceased to have any real connection with his

department, and it is administered under the direction of the

Treasury.[129:1]

[Sidenote: The Outlying Departments.]

Besides the departments subordinate to the Treasury, there are a number

of outlying departments more or less closely connected with it which

have already been referred to as having nothing to do with financial

affairs; and, indeed, one may say that in theory, at least, every branch

of the public service--except the Ecclesiastical and Charity

Commissions[129:2]--that does not have a political chief of its own, and

is not connected with some other department, is under the supervision of

the Treasury and represented in Parliament thereby. But while the

commissioners, or other heads of such offices, are as a rule appointed

on the recommendation of the First Lord, or of the Prime Minister, the

degree of control exercised over them by the Treasury varies a great

deal; and in some cases its responsibility, apart from regulating the

amount of expenditure, is somewhat illusory. Several institutions in

this position are intended to be entirely outside the range of party

controversy; and the boards of trustees of the British Museum, the

National Gallery, and the National Portrait Gallery habitually contain

members of Parliament who would never think of resigning their posts by

reason of a change of ministry. The principal outlying departments of

the Treasury directly connected with national administration, are: the

Civil Service Commission, which examines the candidates for the various

branches of the civil service; the Parliamentary Counsel's office, which

drafts all the bills introduced by the ministers; and the stationery

office, which does all the government printing.

Throughout a great part of the nineteenth century the influence of the

commercial classes was strong, the government was conducted on strict

business principles, and the Treasury as the representative of those

principles was the keystone of the administrative arch, or to change the

metaphor, the axle on which the machinery of the state revolved. For a

long time, indeed, there was a marked tendency to consider the office of

Chancellor of the Exchequer as the most important in the cabinet after

that of the Prime Minister, to regard the person who held it as heir

presumptive to the premiership, and to make him leader in the House of

Commons when his chief was a peer. But with the waning desire for

economy, and the growth of other interests, the Treasury has to some

extent lost its predominant position. A symptom of this may be seen in

the fact that during the last dozen years of Lord Salisbury's

administrations, the Commons were led, not by the Chancellor of the

Exchequer, but by a First Lord of the Treasury appointed for the

purpose. The turning point came at the beginning of that period, when

Lord Randolph Churchill in 1886 quarrelled with his colleagues over the

estimates for the Army. The occurrence did not produce, but it did mark,

a change in the tone of public opinion; and although the Treasury will

no doubt maintain its control over the details of expenditure, one

cannot feel certain that its head will regain the powerful influence

upon general or financial policy exerted thirty years ago.

FOOTNOTES:

[115:1] An excellent description of the existing financial procedure may

be found in Sir Courtney Ilbert's "Legislative Methods and Forms,"

284-99.

[115:2] This did not apply to the hereditary revenues of the Crown

until, with the exception of the revenues belonging to the Duchies of

Lancaster and Cornwall, they were surrendered by George III., in return

for a fixed Civil List.

[116:1] 27 Geo. III., c. 13.

[116:2] The rule had not been absolutely without exceptions, for the

Mercantile Marine Fund, derived from port charges on vessels, was used

to defray part of the expenses of the Board of Trade without going

through the Consolidated Fund. _Cf._ 2d Rep. Com. on Civil Estab., Com.

Papers, 1888, XXVII., 1, Qs. 18211-26. In 1898 this process was

restricted to the maintenance of lighthouses, buoys and beacons. It may

be observed, also, that the Act of 1891 concerning "appropriations in

aid" (54-55 Vic., c. 24, Sec. 2) declares that it merely gives statutory

authority to an existing practice. Such appropriations are now regularly

granted by Parliament in aid of the votes for the services in which they

occur. The amount in aid of each vote is fixed, and listed in a separate

column in the schedule to the Appropriation Act, only the excess above

that amount being paid into the Consolidated Fund.

[116:3] Ilbert, "Legislative Methods and Forms," 294-95; Glen, "Law of

Public Health," 1343, 1344.

[116:4] This innovation has been vigorously criticised as tending to

confuse the national accounts. See a memorandum by Sir E. W. Hamilton,

Com. Papers, 1902, VII., 15, App. 12.

[117:1] 29-30 Vic., c. 39.

[117:2] 54-55 Vic., c. 24.

[117:3] The sums paid to the Local Taxation Account not being included.

[118:1] These license fees go into the Local Taxation Account, not into

the National Exchequer.

[119:1] It is noteworthy that from 1858 to 1895 the amount of money

raised by taxation for national purposes was never less than 2_l._ 4_s._

5_d._ and never more than 2_l._ 9_s._ 11_d._ per head of population. Of

late years it has shown a steady tendency to increase. In 1899, the year

before the war, it was 2_l._ 13_s._ 6_d._; and in 1902 it was 3_l._

8_s._ 8_d._, the expenditure being 4_l._ 13_s._ 11_d._ Between 1857 and

1900 the national debt was reduced by gradual payments from

837,144,597_l._ to 628,978,783_l._ In 1902 it had increased in

consequence of the South African War to 747,911,107_l._

[119:2] For the history of this rule see Todd, "Parl. Govt. in England,"

II., 44-46.

[119:3] Rep. of the Com. on War Office Organisation, Com. Papers, 1901,

XL., 179, p. 6. But see 3d Rep. Com. Pub. Accounts, Com. Papers, 1901,

V., 47, p. iv.

[121:1] 29-30 Vic., c. 39, Secs. 13, 15.

[121:2] _Ibid._, Sec. 13.

[121:3] For the provision made for such cases, see page 126, _infra_.

[121:4] The Finance Accounts give only the issues to the departments

from the Exchequer, not the actual expenditures. These last are

contained only in the Appropriation Accounts of the Auditor General.

Except for certain departments, like the Navy, where Sir James Graham

began the practice of submitting them as early as 1832, the actual

expenditures were not submitted as a whole to Parliament until the Act

of 1866. Memorandum by Lord Welby, Com. Papers, 1902, VII., 15, App. 13.

Hatschek, _Englisches Staatsrecht_, I., 495-502, gives an interesting

description of the influence of French methods upon the English system

of keeping public accounts, including the introduction of double-entry

bookkeeping.

[122:1] Fifteen or sixteen relate to the Navy; as many more to the Army;

something over one hundred to the various branches of the civil service,

grouped into seven classes; and five to the revenue departments.

[122:2] 29-30 Vic., c. 39, Sec. 27, and see Todd, II., 53-67.

[123:1] For the history of this matter, see Todd, II., 31-42.

[123:2] See, for a history of the question, Todd, II., 27-43, 543-45,

and for recent collections of evidence the 2d and 3d Reps. of Com. on

Civil Serv. Exp., Com. Papers, 1873, VII., 391, 415; 2d Rep. of Com. on

Civil Estabs., Com. Papers, 1888, XXVII., 1; Rep. of Com. on War Office

Organisation, Com. Papers, 1901, XL., 179; Reps. of Com. on Nat.

Expenditure, Com. Papers, 1902, VII., 15; 1903, VII., 483.

[123:3] Rep. of Com. on Civil Estab., Com. Papers, 1888, XXVII., 1,

Evid. of Sir R. E. Welby, Perm. Sec. of Treas., Qs. 10704-9, 10713,

10721-26, 10766.

[124:1] This was true, for example, of the Act creating the Board of

Agriculture (52-53, Vic., c. 30, Sec. 5).

[124:2] For clerks of the second division by Order in Council, March 21,

1890, Secs. 3-6, Com. Papers, 1890, LVIII., 167. Positions of higher

grade are regulated "by the heads of the departments to which they

belong, subject to approval by the Commissioners of the Treasury;" Order

in Council, Feb. 12, 1876, Sec. 3, Com. Papers, 1888, XXVII., 1, p. 571;

but no vacancies in these positions can be filled or new appointments

made until the Treasury is satisfied that the number of officers in the

department with salaries higher than those of the second division will

not be excessive; Order in Council, Nov. 29, 1898, Sec. 4, following

Order of Feb. 12, 1876, Sec. 4. The evidence before the Committees of

1873 and 1888 was, however, conclusive on the impotence of the Treasury

in forcing reductions, whatever its actual power might be in preventing

an increase of establishment.

[124:3] _Cf._ 3d Rep. Com. on Civil Serv. Exp., Com. Papers, 1873, VII.,

415, Qs. 474, 4902-03; 2d Rep., Com. on Civil Estabs., Com. Papers,

1888, XXVII., 1, pp. xi, xii, and Qs. 10957, 14090-91, 14918-20, 18088;

Rep. Com. on Nat. Exp., Com. Papers, 1902, VII., 15, Q. 1429.

[124:4] Rep. Com. on Nat. Exp., Com. Papers, 1902, VII., 15, Q. 1425.

[125:1] Rep. of Com. on War Office Org., Com. Papers, 1901, XL., 179,

Qs. 3038-41. An excess on the subheads for food and forage, for example,

would be met as a matter of course by a saving on fuel or rents.

_Ibid._, p. 425.

[125:2] Memoranda on Treasury control by F. T. Marzials, Accountant

General of the Army, _Ibid._, pp. 424-26; and by Robert Chalmers, Rep.

Com. on Nat. Exp., Com. Papers, 1902, VII., 15, App. 3.

[125:3] The control of the Treasury over expenditure connected with the

courts is less than it is in the case of other branches of the civil

service; but the salaries of the clerks are fixed as a rule by an

understanding between the judges and the Treasury. 2d Rep. Com. on Civil

Serv. Exp., Com. Papers, 1873, VII., 391, pp. vi-viii.

[126:1] Rep. Com. on Civil Estabs., Com. Papers, 1888, XXVII., 1, Qs.

18076, 18088, 19150, 19165, 19171-75, 19178-82. As Lord Farrer, formerly

permanent under-secretary of the Board of Trade, expressed it, "We can

cheat them in big things; they may bully us in little things." _Ibid._,

Q. 20,021.

[126:2] Rep. of Com. on War Office Org., Com. Papers, 1901, XL., 179, p.

8; Rep. of Com. on War in South Africa, Com. Papers, 1904, XL., 1, p.

143.

[126:3] _Cf._ Sir R. E. Welby, Rep. Com. on Civil Estabs., Com. Papers,

1888, XXVII., 1, Qs. 20382-83.

[126:4] The real sanction of the control of the Treasury lies in the

support it is almost certain to receive from the Committee on Accounts

of the House of Commons. In 1901, for example, in a case where the War

Office, without exceeding its total vote, but before seeking the

approval of the Treasury, paid to a contractor an addition of 1000_l._

upon a contract for which no item appeared in the votes of the year, the

Committee of Accounts remarked, "Your Committee deprecate in the

strongest manner any diversion of Parliamentary funds without Treasury

sanction." 3d Rep. Com. of Pub. Accounts, Com. Papers, 1901, V., 13, pp.

iv-v.

[126:5] Public Accounts and Charges Act, 54-55 Vic., c. 24, Sec. 2 (3).

[127:1] Todd, II., 545.

[128:1] The organisation of all these offices, and their relation to the

Treasury, has been described at great length in Gneist, _Das Englische

Verwaltungsrecht_, 3 Auf., Buch III., Kap. 4.

The office of Woods, Forests and Land Revenues collects the revenue from

the Crown lands, except those belonging to the Duchies of Lancaster and

Cornwall, the revenues from these last never having been surrendered to

the nation, and being still enjoyed by the King and the Prince of Wales

respectively. It collects also some other bits of hereditary revenue;

but the total amount of its receipts is small, and the commissioners are

only two in number. The Customs Establishment, which collects all duties

on imports and exports, is managed by a chairman, a deputy chairman and

one other commissioner; and, finally, the Inland Revenue Office, which

collects the excises, and all the other national taxes, is a huge

concern, and has at its head a chairman, deputy chairman and two other

commissioners. This department was formed by uniting the boards of

Excise, of Taxes and of Stamps; and it has been suggested that the

departments of Customs and of Inland Revenue should be combined, but

that has been thought inadvisable. (_Cf._ 3d Rep. Com. on Civil Estabs.,

Com. Papers, 1889, XXI., 1.)

[129:1] The Chancellor of the Exchequer is also _ex officio_ Master of

the Mint.

[129:2] The Ecclesiastical Commission manages the episcopal estates and

other church property, using the revenues to pay the income of the

bishops, and to promote the work of the Established Church in poor and

populous places. It is not connected with any department of the

government, and in fact is rather an institution belonging to the Church

than a branch of the public service. The commissioners include all the

bishops, several cabinet ministers, and a number of other laymen, of

whom a couple sit in Parliament.

The Charity Commission, a body possessing semi-judicial powers in the

regulation of charitable trusts, occupies a position more like that of

an administrative department. Of the four commissioners one is unpaid,

and represents the body in Parliament.

These two commissions are, therefore, in the anomalous position of

having been deliberately provided with spokesmen in Parliament, who are

not responsible ministers of the Crown. The British Museum, the National

Gallery, and the National Portrait Gallery are in this respect in the

same situation.

CHAPTER VI

MISCELLANEOUS OFFICES

[Sidenote: The Government and the Administration of Law.]

There is in England no single officer corresponding to the minister of

justice, or attorney general, in other countries, some of the duties

performed by them elsewhere being divided in England among a number of

authorities, while others are not performed at all. The principal

officers who fill this important gap are the Lord Chancellor, the Law

Officers of the Crown, and the Director of Public Prosecutions.

[Sidenote: The Lord Chancellor.]

The greatest political dignitary in the British government, the one

endowed by law with the most exalted and most diverse functions, the

only great officer of state who has retained his ancient rights, the man

who defies the doctrine of the separation of powers more than any other

personage on earth, is the Lord Chancellor. Apart from his duties as a

judge, as the presiding officer of the House of Lords, and as a member

of the cabinet, all of which have been or will be described in other

places, he has many powers of a miscellaneous character connected for

the most part with the administration of the law.[131:1] He is, for

example, at the head of the Crown Office in Chancery. This, as the place

where the Great Seal is affixed, is legally and formally, although not

politically, important. The Commissioners in Lunacy, also, report to

him. The regulations relating to public prosecutions require his

approval, and the control of the Land Registry Office devolves mainly

upon him. Almost all the judicial patronage, moreover, is in his hands,

for he is consulted about the highest posts, the selection of the puisne

judges of the High Court is made on his recommendation, and he appoints

and removes the county court judges and justices of the peace.[132:1]

Although the Lord Chancellor is a party leader, and is at once an active

member of the legislative, the executive and the judicial branches of

the government, the evils that might be supposed to result from such a

combination of powers in the same hands do not in fact appear. He might,

indeed, when sitting in the Judicial Committee, or in the House of

Lords, be called upon to construe a statute which he had a share in

enacting, but this does no great harm. The really serious matter is a

confusion of the executive and judicial powers, the sitting in judgment

by a political officer upon a question on which he has acted, or which

may affect his future action, in an administrative capacity. But since

the Chancellor never holds court alone at the present day, such a

question could come before him only in the Court of Appeal, the House of

Lords, or the Judicial Committee, where he sits with other judges, who

have no connection with the ministry. Moreover, the Chancellor, although

the legal member of the cabinet, is not its sole, nor indeed its

official, legal adviser; and the government would never think of acting

upon any doubtful point of law without obtaining the opinion of the Law

Officers of the Crown. These gentlemen hold no judicial position; and

curiously enough, while a part of the ministry, are never in the

cabinet.

[Sidenote: The Law Officers of the Crown.]

The principal Law Officers of the Crown are the Attorney General, and

the Solicitor General, who is his colleague and substitute.[133:1]

Their opinion on questions of law may be asked by the government, and by

any department, although many of the departments are provided with

permanent legal counsel of their own whose advice is sufficient for all

ordinary matters. The Attorney and Solicitor General conduct personally

a few prosecutions of unusual importance, file criminal informations,

and appear in cases where the rights of the Crown are involved, or where

their intervention is necessary to protect charitable endowments. They

defend in Parliament the legality of the government's action, and

explain incomprehensible legal points in its measures. While they are no

longer permitted to engage in private practice, their salaries and fees

are so large[133:2] that these posts are among the great political

prizes for lawyers who have made their mark in the warfare of the House

of Commons,[133:3] prizes the greater because, in addition to the direct

emoluments, they confer a presumptive claim to the very highest places

on the bench that may become vacant while the party is in power.

[Sidenote: Public Prosecutions in England.]

It has been observed that the Law Officers of the Crown conduct in

person only a few criminal cases of unusual importance. In other

countries the prosecution of offenders is the affair of the state, and

is conducted in all the courts great and small by public officers. This

is true in Scotland also, where the matter is in the hands of a body of

officers, known as procurators fiscal, with the Lord Advocate at their

head; and even in Ireland a similar system has developed informally by

the employment of crown counsel acting under the control of the Attorney

General for that kingdom. But in England criminal prosecutions in the

vast majority of cases are still, in theory at least, conducted by

private persons.[134:1] Any one, whether a person injured or not, may

prosecute the offender.[134:2] As a rule the examining magistrate, after

committing the accused for trial, binds some one over to

prosecute--either the complainant, the person injured, a policeman, the

magistrate's own clerk, or a solicitor employed for the purpose. The

case is usually conducted by the solicitor to the local magistrate, but

the person bound over may employ his own counsel to take charge of it.

The costs of the trial are, however, at the present day, allowed by the

court, and paid out of the national treasury, under regulations made by

the Home Secretary.

[Sidenote: The Director of Public Prosecutions.]

It has always been the habit for the Attorney General to conduct great

state trials, cases, for example, of high treason; and it gradually came

to be the practice for the legal officers attached to the different

departments to prosecute in certain other cases, such as offences

against the coinage. But about the middle of the last century there

arose a demand for a general system of state prosecutions under the

charge of a ministry of justice.[134:3] This movement culminated, or

evaporated, in the Acts of 1879 and 1884,[134:4] whereby the Solicitor

to the Treasury, who is the permanent legal adviser of that department,

and is also charged with a number of other duties of a legal nature, has

been made the Director of Public Prosecutions. The regulations governing

his actions in this capacity are made by the Attorney General with the

approval of the Lord Chancellor and the Home Secretary. They provide in

substance[134:5] that he shall prosecute in all capital cases, in

offences against the coinage, cases of fraudulent bankruptcy, cases

where he is directed to do so by the Attorney General or the Home

Secretary, and cases where such action appears to him necessary in the

public interest. He may employ counsel to conduct both the cases that he

brings, and any other criminal proceedings before the high courts where

no counsel has been retained; and he may also assist a private

prosecutor by authorising special expenses for evidence or counsel. It

is his duty to give advice to the clerks of justices of the peace, and

to police officers; and, finally, he is in all these matters subject to

the control of the Attorney General.

The Director of Public Prosecutions makes to Parliament an annual report

of his doings, enlivened by narratives of the most interesting cases.

But in spite of his activity the vast bulk of the prosecutions are

conducted as of old under private direction; for out of the many

thousands of criminal cases tried every year, only from three hundred

and fifty to five hundred are in his charge, and the number shows no

marked tendency to increase.

Enough has been said to justify the statement that no single officer

exercises any considerable part of the functions of a minister of

justice. Such duties are not only divided among a number of persons, but

scattered in small fragments among different departments. An

illustration of this is furnished by the Return of Public Prosecutions,

which is submitted to Parliament by the Home Secretary, and bears his

signature on the first page; while the return itself is signed by the

Director of Public Prosecutions, and dated from the Treasury. Gneist, in

his work on the English administrative system, portrays the Lord

Chancellor as the minister of justice for civil, and the Home Secretary

for criminal, matters,[135:1] but such a generalisation is overstrained

and misleading, and it is safer to assert that when the English bring

confusion into any administrative department they usually succeed in

confounding utterly all general principles, and making all general

statements inaccurate.

[Sidenote: The Church.]

If there is no minister of justice in England, still less is there a

minister of religion such as is commonly found in countries that possess

established churches. The government of the Church of England will be

treated in another chapter, and it is only necessary here to point out

that although a strictly national institution, often deeply involved in

political controversy, the Church is in many ways singularly free from

the control of the executive government. It is, no doubt, regulated by

laws that cannot be altered without the authority of Parliament. Its

organisation, its ritual, and its articles of faith can be changed only

by statute. But in administrative affairs its dependence upon the state

is very much less. The King is, indeed, its supreme head; he virtually

appoints the bishops and other high dignitaries, and his assent is

necessary to the exercise of their limited powers by the Convocations of

the two provinces.[136:1] Beyond this, however, the Crown does not

interfere in the government of the Church, or the discipline of its

members, which are left under the charge of its own officers.

Proceedings against a clergyman for doctrinal errors or violation of the

ritual can be taken only with the consent of the bishop, the government

having no part in it; and although the Crown appoints a portion of the

members of the Ecclesiastical Commission, which manages much of the

Church property, the bishops form a large majority of the body, and the

commission itself is not subordinate to any minister of state. The only

control, therefore, exercised by the cabinet upon the administration of

the Church is to be found in the restraint upon Convocation, and in the

fact that the responsibility for the selection of high ecclesiastics

rests with the Prime Minister, who, curiously enough, is not

necessarily, and in the last two cabinets actually has not been, a

member of the Church of England. The Prime Minister also nominates the

incumbents of a number of large livings, while the Lord Chancellor

presents to several hundred others that happen to lie in the gift of

the Crown.[137:1] Except for these things no minister is responsible for

the conduct of the Church or of its members.

The connection between Church and State in England is thus a peculiar

one. In some ways the relation is very close, but it is rather

legislative and judicial than administrative. The Church is minutely

regulated by state laws, the judge of its principal tribunal must be

confirmed by the Crown, and appeals lie to a secular court;[137:2] but

it lives upon its own revenues without any grant from Parliament, and

although its highest officers are appointed by the state, and sit in the

upper House of Parliament, yet once appointed, they, like all the rest

of the clergy, are practically free from the supervision and control of

the executive government.

[Sidenote: Scotland.]

These are all the public offices in the English government that it is

necessary to mention. A description of the peculiar institutions of

Scotland and Ireland is not within the scope of this book, except so far

as they affect the central government. Until twenty years ago the

connection of the government with matters relating exclusively to

Scotland was maintained chiefly through the Home Office, but the Lord

Advocate was virtually the parliamentary under-secretary for Scotch

business, and took entire charge of it, unless his chief was a

Scotchman, and cared to assert himself. In 1885 a Secretary for Scotland

was created, one might perhaps say revived, and to him were intrusted

for that kingdom duties corresponding to those discharged in England by

the Home Office, the Local Government Board and the Board of Education.

In fact he may be said to be the general representative for Scotch

purposes of all the various civil departments of state; and in

particular he is at the head of the Scotch Local Government Board and

the Scotch Education Department. He is not one of the secretaries of

state and receives a much smaller salary than they do, but he is a

member of the ministry, usually, though not invariably, with a seat in

the cabinet, and he is always a member of one or the other House of

Parliament.

The contrast between the relations of England to Scotland and to Ireland

is striking. By the Act of Union of 1707 England and Scotland became one

state, with a common Parliament and a common executive government, but

political differences have not been obliterated. The Act of Union

preserved the ecclesiastical and legal institutions of Scotland; and at

the present day she has her own established church, which is

Presbyterian; her own system of education, which is quite different from

the English; and her own system of law, based upon the Civil not the

Common Law, and adorned by a nomenclature so disfigured as to pass for

her own. With such differences as these it has been not uncommon for

Parliament, even where the same legislative principles were to be

applied on both sides of the Tweed, to enact them in separate statutes,

each adapted to the institutions of the country in which it is to

operate. Socially, also, the fusion has not been complete. Every

Scotchman is an Englishman, but an Englishman is not a Scotchman. The

Scotch regard themselves as an elect race who are entitled to all the

rights of Englishmen and to their own privileges besides. All English

offices ought to be open to them, but Scotch posts are the natural

heritage of the Scots. They take part freely in the debates on

legislation affecting England alone, but in their opinion acts confined

to Scotland ought to be, and in fact they are in the main, governed by

the opinion of the Scotch members. Such a condition is due partly to the

fact that Scotch institutions and ideas are sufficiently distinct from

those of England to require separate treatment, and not different enough

to excite repugnance. It is due in part also to the fact that the

Scotch are both a homogeneous and a practical people, so that all

classes can unite in common opinions about religion, politics and social

justice. The result is that Scotland is governed by Scotchmen in

accordance with Scotch ideas, while Ireland has been governed by

Englishmen, and until recently, in accordance with English ideas.

[Sidenote: Ireland.]

The Act of Union with Ireland in 1801 abolished the Irish Parliament,

and vested the whole legislative power for the United Kingdom in the

joint Parliament at Westminster; but the executive government for

Ireland was left at Dublin. It is conducted in the name of the Lord

Lieutenant as the representative of the Crown.[139:1] The work is

nominally done by him in his Privy Council, subject to such instructions

as may be sent to him by the English government through the Home

Secretary. In practice, however, matters have worked out very

differently, for the administration of Ireland has been far too

important to rest under the wing of the Home Office. The Lord Lieutenant

is always a great nobleman, and he is expected to keep up a vice-regal

state, sometimes at an expense exceeding his enormous salary of

20,000_l._ a year; but he is not ordinarily the real head of the Irish

Office. Since 1868 he has been a member of the cabinet less than eleven

years, whereas his Chief Secretary has been in the cabinet during the

whole of that period, except from 1882 to 1885, and for three other

intervals that were very brief. Moreover, the Chief Secretary is always

a member of the House of Commons, where he must defend the

administration of Ireland against the attacks of the Irish members, and

often of the English Opposition also. Thus it has come about that the

Chief Secretary habitually plays the part of minister for Ireland, and

is practically the ruler of the country. He is at the head of the Irish

Local Government Board, Congested Districts Board and Department of

Agriculture and Technical Instruction, and in general he is held

responsible for all administration of a political character, except in

the case of the revenue and the Irish Board of Works, which are under

the direct control of the Treasury.[140:1] He possesses, indeed, not

only the authority vested in a number of ministers in England, but also

powers not conferred upon them at all. During the greater part of the

time since the Union in 1801, Ireland has been subject to a long series

of coercion acts, temporary in duration, but renewed at short intervals

under different names.[140:2] The provisions have varied, but the object

has always been to arm the Irish government with extraordinary and

arbitrary powers for the suppression of disorder. Moreover, the police

of Ireland, instead of being, as in England and Scotland, under the

control of the local authorities, is under the direct orders of Dublin

Castle. This force, the Royal Irish Constabulary, contains over twelve

thousand men, a number twice as large in proportion to the population as

that of the police in Great Britain.

[Sidenote: Causes of Misgovernment.]

The administration of Ireland has been the conspicuous failure of the

English government. Its history for a century has been a long tale of

expedients, palliations and concessions, which have never availed to

secure either permanent good order or the contentment and loyalty of the

inhabitants. Each step has been taken, not of foresight, but under

pressure. The repressive measures have been avowedly temporary, devised

to meet an emergency, not part of a permanent policy; while concessions,

which if granted earlier might have had more effect, have only come when

attention to the matter has been compelled by signs of widespread and

grievous discontent. Catholic emancipation was virtually won by the

Clare election; disestablishment of the Anglican Church was hastened by

the Fenian movement; the Home Rule Bill followed the growth of the Irish

parliamentary party, culminating in Parnell's hold upon the balance of

power in the House of Commons; and the land laws have resulted from

agrarian agitation. It has been said that the same thing is true of

English reforms, that Parliament seldom gives redress until a wrong has

been brought forcibly to its notice, and this is no doubt a natural if

not an inevitable result of the parliamentary form of government. It is

a part of the general tendency to treat symptoms rather than causes, to

which we shall have occasion to refer again. But while Parliament, now

that all classes are represented there, is certain to be made aware of

an English grievance long before it has become intolerable, it is by no

means so keenly sensitive to an Irish one. The fact is that Irish

problems lie beyond the experience of the English member and his

constituents. Being unable to distinguish readily a real grievance from

an unreasonable demand, he does not heed it until he is obliged to; and

the cabinet, with its hands already full, is not inclined to burn its

fingers with matters in which the House is not deeply or generally

interested. All this is merely one of many illustrations of the truth

that parliamentary government can work well only so far as the nation

itself is fairly homogeneous in its political aspirations.

[Sidenote: Difficulty of the Problem.]

But if the parliamentary system has proved an instrument ill-fitted for

ruling Ireland, it is also true that the problem has been one of extreme

difficulty. English statesmen might have repeated what Lord Durham said

of Canada in his famous report: "I expected to find a contest between a

government and a people. I found two nations warring in the bosom of a

single state."[141:1] For centuries Ireland has remained a conquered

land without a thorough fusion of the victors and the vanquished; the

native stock has been subjected without being assimilated, and the

difference of race has been intensified by a difference of creed. The

Celt still looks upon his Saxon landlord, and upon the Orangemen in

Ulster, as aliens, and upon the constabulary as the garrison of a

foreign power. This has not only made the management of Ireland an

exceedingly hard thing for an English government to carry on, but it

also stands in the way of any other solution of the problem. To allow

the Irish to govern themselves means putting the under dog on top and

the upper dog underneath. The difficulty has been further increased by a

deep-seated divergence in the conceptions of law and justice. Unlike

Scotland, Ireland has the English system of jurisprudence. Her courts

are modelled on those at Westminster, and administer the English Common

Law, while most of the statutes affecting civil rights are the same.

But, as men have often pointed out, there are in times of agitation two

laws, and two governments, in the country; on one side the English law,

administered by the English government through its officials, and on the

other a hostile system resting upon very different principles, and

applied by an extra-legal political organisation, but in fact more

vigorously enforced than the first, and often more in harmony with the

popular sense of justice.

[Sidenote: The Land Question.]

The divergence between the legal conceptions of the English and Irish is

most marked in the case of land. According to the ideas of Englishmen,

and of Irish landlords, the land belongs to the owner, and apart from

special statutory provisions, the tenant has only a contractual right of

possession, during the continuance, and subject to the terms, of his

contract. But the tenants feel that, subject to somewhat indefinite

duties towards the landlord in the way of rent, they have rights in the

land, of which their forbears were robbed, and which they have reclaimed

from the waste.[142:1] Such a difference is fundamental, and cannot be

adjusted to the satisfaction of both parties. People speak of the hunger

of the Irish for land, as if that were the cause of the difficulty, but

the Irishman has no general land-hunger. When he has emigrated to

America, instead of going, like the Swede, to the great open prairies

where any industrious man can easily own a farm, he has settled, like

the landless Hebrew, in the great cities. What the Irish want is Irish

land, and to this they think they have a right.

Various remedies for solving the relation of landlord and tenant have

been tried. First came the Act of 1860, which based that relation

strictly upon contract, though restraining to some extent its

enforcement by summary eviction. Ten years later the Act of 1870

proceeded upon quite a different principle, for it extended the Ulster

tenant-right over the whole country, giving to the tenant a salable

property in his holding. It granted, even to a tenant from year to year,

a claim against his landlord for disturbance; and it conferred a right

to compensation for past as well as future improvements. But these

provisions did not set the questions at rest. Later followed in 1881 the

judicial reduction of rents,--the fixing by public authority of fair

rents as they were called. But here trouble arose on both sides. If the

landlord's views were right, and the land belonged absolutely to him, it

was clearly unjust to deprive him of its market value in rent, and he

was entitled to feel that the government was giving away his property to

smooth its own political difficulties.[143:1] On the other hand, the

fair rents did not end the matter for the tenant. The English, deeply

impressed with the sanctity of contract, meant the new rents to be paid

as rents are paid in England; but the Irishman, living in what might

almost be called a world of status, and brought up under a system of

rack rent, had far less respect for contract, and regarded rents as

things to be paid approximately rather than exactly. The result was more

friction, and a further judicial reduction in 1887. Finally, after a

series of land-purchase acts designed to promote peasant proprietorship,

but too limited in scope to affect general social conditions, had been

tried, a number of landlords and some of the Irish leaders held a

conference in 1902, and virtually agreed that as both parties claimed

rights in the land, the government should pay the landlord for it and

transfer it to the tenant, an arrangement the more easy because by that

time the landlords' interest had fallen greatly in value. The government

undertook to carry out the plan by the Land Purchase Act of 1903, making

not indeed an immediate gift, but a loan of its credit, and charging the

tenant a low rent which is expected eventually to repay the advance, and

leave him the owner of the land.[144:1] Since that time the purchase and

distribution of estates, under the act, has been going on, but the

process naturally takes time, and as might be expected, it has been far

more rapid in the prosperous than in the poor parts of the country. One

may hope that by this means the land question will in time be solved,

but he must have a blind faith who believes that with it the Irish

question will disappear.

A crude outline of the land legislation has been given simply to show

the enormous difficulty of governing a country where the legal

conceptions of rulers and ruled are irreconcilable, and yet that is

precisely the kind of obstacle that arises at every step in the Irish

problem.

FOOTNOTES:

[131:1] He has some powers that have no relation to the law, such as the

appointment to a large number of Crown livings; and in this connection

it may be noted that the offices of Lord Chancellor of Great Britain and

Lord Lieutenant of Ireland are the only ones that cannot be held by

Roman Catholics. The subject is not free from doubt. See Anson, II.,

158, and the debate in 1891, Hans., 3 Ser. CCCXLIX., 1733 _et seq._ On

that occasion the House of Commons refused to remove any disability that

might exist.

[132:1] The list of justices of the peace for each county is in practice

drawn up by the Lord Lieutenant, except in Lancashire, where it is made

by the Chancellor of the Duchy, and that list is almost always adopted

by the Lord Chancellor. No little controversy has, however, arisen of

late over this subject.

[133:1] There are also a Lord Advocate and a Solicitor General for

Scotland, and an Attorney General and a Solicitor General for Ireland.

[133:2] The salary of the Attorney General is 7000_l._; that of the

Solicitor General 6000_l._; and the fees in each case amount to about

1000_l._ more.

[133:3] The Solicitor General for Scotland, and the Attorney and

Solicitor General for Ireland, although political officers who change

with the ministry, are not always in Parliament.

[134:1] See the excellent chapter on prosecution in Maitland's "Justice

and Police."

[134:2] The prosecution is, however, in the name of the King, and the

Attorney General can put a stop to it by _nolle prosequi_ if he

considers it vexatious.

[134:3] In an article in the _Fortnightly Review_ for March, 1873,

entitled, "The Organisation of a Legal Department of Government," Mr.

Bryce showed the need, and sketched the outline, for such a ministry.

[134:4] 42-43 Vic., c. 22; 47-48 Vic., c. 58.

[134:5] Com. Papers, 1886, LIII., 321.

[135:1] _Englische Verwaltungsrecht_, II., 1022-26.

[136:1] Without action by Parliament these extend only to the making of

canons binding on the clergy.

[137:1] All Crown livings with less than 20_l._ of yearly revenue are in

the gift of the Lord Chancellor, Hans., 3 Ser. CLXIX., 1919, and so are

many livings of considerable size. Hans., 3 Ser. CLXX., 131. The

Chancellor of the Duchy of Lancaster nominates to Crown livings

belonging to the Duchy, and the Home Secretary to those in the Channel

Islands and the Isle of Man. Hans., 3 Ser. CCCXLIX., 1745-46.

[137:2] The Judicial Committee of the Privy Council.

[139:1] The provisions of the Test Act still apply to this office, so

that the Lord Lieutenant must necessarily be of a faith different from

that of the large majority of the people he is appointed to rule.

[140:1] Public non-technical education is directed by the Commissioners

of Irish National Education, and the Board of Intermediate Education.

These boards are not political, but the members, who must be partly

Protestant and partly Roman Catholic, are appointed by the Lord

Lieutenant, and the Chief Secretary has a certain measure of control

over them.

[140:2] The last of them, the Crimes Act of 1887, is a permanent

statute, but its provisions come into force only on a proclamation by

the Lord Lieutenant, which is revocable at any time.

[141:1] Com. Papers, 1839, XVII., 1, p. 8.

[142:1] The fact that improvements have been generally made by the

landlord in England, and by the tenant in Ireland, has much to do with

this feeling.

[143:1] The case for the landlords has been very strongly stated by Mr.

Lecky in his "Democracy and Liberty," I., 167-212.

[144:1] 3 Edw. VII., c. 37. The Act of 1903 was hailed with joy, but the

Irish members soon complained of its administration, and on July 20,

1905, they moved successfully to reduce by 100_l._ the appropriation for

the Land Commission as an expression of dissatisfaction. Hans., Ser.

CXLIX., 1409-86.

CHAPTER VII

THE PERMANENT CIVIL SERVICE

[Sidenote: Sharp Distinction between Political and Non-Political

Officials.]

The history of the permanent civil service would be one of the most

instructive chapters in the long story of English constitutional

development, but unfortunately it has never been written. The nation has

been saved from a bureaucracy, such as prevails over the greater part of

Europe, on the one hand, and from the American spoils system on the

other, by the sharp distinction between political and non-political

officials. The former are trained in Parliament, not in administrative

routine. They direct the general policy of the government, or at least

they have the power to direct it, are entirely responsible for it, and

go out of office with the cabinet; while the non-political officials

remain at their posts without regard to party changes, are thoroughly

familiar with the whole field of administration, and carry out in detail

the policy adopted by the ministry of the day. The distinction has

arisen gradually with the growth of the parliamentary system.

[Sidenote: Exclusion of Non-Political Officials from Parliament.]

A dread of the power of the King to control Parliament, by a

distribution of offices and pensions among its members, gave rise to a

provision, in the Act of Settlement of 1700, that after the accession of

the House of Hanover no person holding an office or place of profit

under the Crown should be capable of sitting in the House of

Commons.[145:1] But before this act took effect the disadvantages of

excluding entirely from the House the great officers of state was

perceived. The provision was, therefore, modified so as to shut out

absolutely only the holders of new offices created after Oct. 25, 1705,

and of certain specified posts already existing. Members of the House of

Commons appointed to other offices were to lose their seats, but be

capable of reelection.[146:1] As there were many old offices the number

of placemen in Parliament continued large, and no sharp line was drawn

at once between the great officers of state and their subordinates. But

two processes went on which in time rendered the distinction effective.

When a new office of a political nature was created it became the habit

to make a special statutory provision permitting the holder to sit in

the House of Commons; and, on the other hand, place bills were passed

from time to time excluding from Parliament whole classes of officials

of a lower grade. These acts apply, for example, to all the clerks in

many of the government departments,[146:2] and together with the

provision excluding the holders of all new offices created since 1705,

they cover a large part of all the officials under the rank of

minister.[146:3] The distinction between the offices which are and those

which are not compatible with a seat in the House of Commons, is made

complete by the regulations of the service itself. These cannot render

void an election to the House which is not invalid by statute. They

cannot make the holding of office a disqualification for Parliament, but

they can make a seat in Parliament a reason for the loss of office. They

can and do provide that if any civil servant intends to be a candidate

he must resign his office when he first issues his address to the

electors.[146:4]

If it were not for three or four ministers, such as the Irish Law

Officers, who are expected to get themselves elected to Parliament if

they can, but whose tenure of their positions does not depend upon their

doing so, one might say that the public service is divided into

political officers who must sit in Parliament, and non-political

officers who must not.

[Sidenote: Permanent Officials take no Active Part in Politics.]

[Sidenote: But are not Disfranchised]

In a popular government, based upon party, the exclusion of the

subordinate civil servants from the legislature is an essential

condition both of their abstaining from active politics and of their

permanence of tenure. But it does not by itself necessarily involve

either of those results. This is clear from the example of the United

States, where office-holders of all grades are excluded from Congress by

the provisions of the Constitution, but by no means refrain from party

warfare. The keeping out of politics, however, and the permanence of

tenure must, in the long run, go together; for it is manifest that

office can be held regardless of party changes only in case the holders

do not take an active part in bringing those changes to pass; and if, on

the other hand, they are doomed to lose their places on a defeat at the

polls of the party in power, they will certainly do their utmost to

avert such a defeat. In England the abstinence and the permanence have

been attained, and it is noteworthy that they are both secured by the

force of opinion hardening into tradition, and not by the sanction of

law.[147:1] At one time, indeed, large classes of public servants were

deprived of the parliamentary franchise. An Act of 1782, for

example,[147:2] withdrew the right to vote from officers employed in

collecting excises, customs and other duties, and from postmasters; but

these disqualifications were removed in 1868.[147:3] The police, also,

were, by a series of acts, deprived of the franchise in the

constituencies where they held office. Except as regards Ireland,

however, these statutes were, in their turn, repealed in 1887;[148:1]

and the only disqualifications now attaching to public officials relate

to such positions as those of returning officers at elections.[148:2]

England enfranchised her officials at the very time when she was

enlarging the suffrage and the number of office-holders. In some other

countries the political danger of a large class of government employees

has been keenly felt. This has been particularly true of the new

democracies in Australia with their armies of public servants on the

state railroads; and, indeed, the pressure constantly brought to bear in

the legislature in favour of this class caused Victoria in 1903 to

readjust her election laws.[148:3] The employees of the government have

not been disfranchised altogether, but they have been deprived of the

right to vote in the regular constituencies, and have been allotted one

representative in the legislative council and two in the assembly to be

elected entirely by their own class. They have, therefore, their

spokesmen in the legislature, but they are no longer able to influence

the other members as of old.

[Sidenote: Effect of Giving them Votes.]

In England these dangers are by no means unknown; but they have not

taken the form of work done by civil servants for purely party ends.

From that evil the country has been almost wholly free; for although all

office-holders, not directly connected with the conduct of elections,

have now a legal right to vote, and are quite at liberty to do so, it is

a well-settled principle that those who are non-political--that is, all

who are not ministers--must not be active in party politics. They must

not, for example, work in a party organisation, serve on the committee

of a candidate for Parliament, canvass in his interest, or make speeches

on general politics. All this is so thoroughly recognised that one

rarely hears complaints of irregular conduct, or even of actions of a

doubtful propriety. In this connection it is worthy of note that the

revenue officers were disfranchised in 1782 at their own request. At

that time the government controlled through them seventy seats in the

House of Commons, and Lord North sent them notice that it would go hard

with them if they did not support his party. His opponents sent them a

similar warning, and the result was that in self-protection they sent up

a strong petition asking for exclusion from the franchise.[149:1] The

bill to reenfranchise them was carried in 1868 against the wishes of the

government of the day.[149:2] But on that occasion, and in 1874, when

the acts imposing penalties upon their taking an active part at

elections were repealed, it was perfectly well understood that they

would not be permitted to go into party politics, and that the

government was entitled to make regulations on the subject.[149:3] Those

regulations are still in force,[149:4] and it is only by maintaining

them that the civil servants can continue to enjoy both permanence of

tenure and the right to vote.

[Sidenote: Attempts to Improve their Position.]

[Sidenote: The Dockyards.]

The danger arising from the votes of public servants has been felt in a

different way. While the government employees have kept clear of party

politics, they have in some cases used their electoral rights to bring

pressure to bear upon members of Parliament in favour of increasing

their own pay and improving the conditions of their work. This has been

peculiarly true of the dockyards. The members of the half dozen boroughs

where the state maintains great shops for the construction and repair of

warships are always urging the interests of the workmen; and they do it

with so little regard to the national finances, or to the question

whether they are elected as supporters or opponents of the ministry,

that they have become a byword in Parliament under the name of

"dockyard-members."[149:5]

[Sidenote: Other Officials.]

Unfortunately the difficulty has not been confined to the dockyards. At

the time when the revenue and post-office employees were enfranchised,

Disraeli dreaded their use of the franchise for the purpose of raising

their salaries;[150:1] and Gladstone said he was not afraid of

government influence, or of an influence in favour of one political

party or another, but of class influence, "which in his opinion was the

great reproach of the Reformed Parliament."[150:2] These fears have not

proved groundless. As early as 1875 it was recognised that the salaries

paid by the government were above the market rate;[150:3] and ever since

the officials in the revenue and postal departments obtained the right

to vote, pressure on behalf of their interests has been brought to bear

by them upon members of Parliament, and by the latter upon the

government. Complaints of this have been constant.[150:4] It has been a

source of criticism that members should have attended meetings of civil

servants held to demand an increase of pay,[150:5] and that they should

receive whips urging their attendance at the House when questions of

this sort are to come up.[150:6] Owing to the concentration of

government employees in London the pressure upon the metropolitan

members is particularly severe.

[Sidenote: Recent Efforts of Postal Officials for More Pay.]

For nearly a score of years a continuous effort has been made in

Parliament to secure the appointment of a committee to inquire into the

pay of postal and telegraph employees, and into grievances which are

said to exist in the service. The government has in part yielded, in

part resisted; but in trying to prevent pressure upon members of

Parliament, it took at one time a step that furnished a fresh cause of

complaint. The story of this movement illustrates forcibly the dangers

of the situation. In 1892 the Postmaster General, Sir James Fergusson,

called the attention of the House of Commons to a circular addressed by

an association of telegraph clerks to candidates at the general

election, asking whether if elected they would vote for a committee to

inquire into the working of the service.[151:1] He then sent to the

clerks an official warning that it is improper for government employees

to try to extract promises from candidates with reference to their pay

or duties.[151:2] Nevertheless two of the clerks, Clery and Cheesman,

who had been chairman and secretary of the meeting which had voted to

issue the circular, signed a statement that the notice by the Postmaster

General "does not affect the policy of the Association." Immediately

after the election these two men were dismissed.[151:3] That became a

grievance in itself, and year after year attempts were made in

Parliament to have them reinstated. Shortly after they had been

dismissed Mr. Gladstone came into office; and he made a vague statement

to the effect that the government intended to place no restraint upon

the civil servants beyond the rule forbidding them to take an active

part in political contests.[151:4] But it would seem that Fergusson's

warning circular was not cancelled,[151:5] and certainly Clery and

Cheesman were not taken back.

[Sidenote: Demand for a Parliamentary Committee.]

[Sidenote: Pressure Brought to Bear.]

The motions for a parliamentary committee to inquire into the conditions

of the service were kept up; and in 1895 the government gave way so far

as to appoint a commission, composed mainly of officials drawn from

various departments, which reported in 1897 recommending some increases

of pay both in the postal and in the telegraph service. These were at

once adopted, and in fact further concessions were made shortly

afterward, but still the agitation did not cease. The employees would be

satisfied with nothing but a parliamentary committee, no doubt for the

same reason that led the government to refuse it, namely the pressure to

which members of Parliament were subject,[152:1] and the additional

force that pressure would have if brought to a focus upon the persons

selected to serve on a committee.[152:2] Year after year grievances on

one side, and on the other charges of almost intolerable pressure were

repeated. In 1898 the interest centred in a motion to the effect that

public servants in the Post Office were deprived of their political

rights. A long debate took place in which the whole history of the

subject was reviewed,[152:3] and Hanbury, the Financial Secretary of the

Treasury, exclaimed, "We have done away with personal and individual

bribery, but there is a still worse form of bribery, and that is when a

man asks a candidate to buy his vote out of the public purse."[152:4] In

1903 Mr. Austen Chamberlain stated that members had come to him, not

from one side of the House alone, to seek from him, in his position as

Postmaster General, protection in the discharge of their public duties

against the pressure sought to be put upon them by the employees of the

Post Office.[152:5] He consented, however, to appoint a commission of

business men to advise him about the wages of employees; but again there

was a protest against any committee of inquiry not composed of members

of Parliament.[152:6] The report of the commission was followed in 1904

by a debate of the usual character.[152:7] Finally in 1906 the new

Liberal ministry yielded, and a select committee was appointed.[152:8]

There are now employed in the postal and telegraph services about two

hundred thousand persons, who have votes enough, when organised, to be

an important factor at elections in many constituencies, and to turn the

scale in some of them. If their influence is exerted only to raise wages

in a service recruited by competitive examination,[153:1] the evil is

not of the first magnitude; but it is not difficult to perceive that

such a power might be used in directions highly detrimental to the

state. There is no reason to expect the pressure to grow less, and

mutterings are sometimes heard about the necessity of taking the

franchise away from government employees. That would be the only

effective remedy, and the time may not be far distant when it will have

to be considered seriously.

As we shall have occasion to see hereafter, the pressure in behalf of

individuals is comparatively small, and it is characteristic of modern

English parliamentary government that political influence should be used

to promote class rather than personal interests.

[Sidenote: Permanence of Tenure of Officials.]

Permanence of tenure in the English civil service, like the abstinence

from partly politics, is secured by custom, not by law, for the

officials with whom we are concerned here are appointed during pleasure,

and can legally be dismissed at any time for any cause. Now, although

the removal, for partisan motives, of officials who would be classed

to-day as permanent and non-political, has not been altogether unknown

in England, yet it was never a general practice. The reason that the

spoils system--that is, the wholesale discharge of officials on a change

of party--obtained no foothold is not to be found in any peculiarly

exalted sense, inherent in the British character, that every public

office is a sacred trust. That conception is of comparatively modern

origin; for in the eighteenth century the abuse of patronage, and even

the grosser forms of political corruption, were shamelessly practised.

It is rather to be sought in quite a different sentiment, the sentiment

that a man has a vested interest in the office that he holds. This

feeling is constantly giving rise, both in public and private affairs,

to a demand for the compensation of persons displaced or injured by a

change of methods which seems strange to a foreigner.[154:1] The claim

by publicans for compensation when their licenses are not renewed, a

claim recognised by the Act of 1904, is based upon the same sentiment

and causes the traveller to inquire how any one can, as the result of a

license ostensibly temporary, have a vested right to help other people

to get drunk.

The habit of discharging officials on party grounds never having become

established, it was not unnatural that with the growth of the

parliamentary system the line between the changing political chiefs and

their permanent subordinates should be more and more clearly marked, and

this process has gone on until at the present day the dismissal of the

latter on political grounds is practically unheard of, either in

national or local administration.

[Sidenote: Former Party Patronage.]

While the discharge of public servants on political grounds never became

a settled custom in England, such vacancies as occurred in the natural

course of events were freely used in former times to confer favours on

political and personal friends, or to reward party services. Such a

practice was regarded as obvious, and it continued unchecked until after

the first Reform Act. It was particularly bad in Ireland, where Peel,

who was Chief Secretary from 1812 to 1818, took great credit to himself

for breaking up the habit of treating the Irish patronage as the

perquisite of the leading families, and for dispensing it on public

grounds, that is, using it to secure political support for the party in

power.[155:1] That the patronage was used for the same purpose in

England at that period may be seen in the reports and evidence laid

before Parliament in 1855, 1860 and 1873 after a different system had

begun to take its place.[155:2] It was no doubt an effective means of

procuring political service, and Lord John Russell speaks of the Tories

in 1819 as apparently invincible from long possession of government

patronage, spreading over the Church, the Law, the Army, the Navy, and

the colonies.[155:3] The support most needed by the ministry was that of

members of the House of Commons, and they received in return places for

constituents who had been, or might become, influential at elections.

Thus it came about that the greater part of the appointments, especially

to local offices, were made through the members of Parliament.[155:4]

The system hampered the efficiency of administration, and harassed the

ministers. Writing in 1829, the Duke of Wellington used words that might

have been applied to other countries at a later time,--"The whole system

of the patronage of the government," he wrote, "is in my opinion

erroneous. Certain members claim a right to dispose of everything that

falls vacant within the town or county which they represent; and this is

so much a matter of right that they now claim the patronage whether they

support upon every occasion, or now and then, or when not required, or

entirely oppose; and in fact the only question about local patronage is

whether it shall be given to the disposal of one gentleman or

another."[156:1]

[Sidenote: The Introduction of Examinations.]

At last a revulsion of feeling took place. Between 1834 and 1841 pass

examinations, which discarded utterly incompetent candidates, were

established in some of the departments, and in several cases even

competitive examinations were introduced. But the great impulse toward a

new method of appointment dates from 1853, and it came from two

different quarters. In that year the charter of the East India Company

was renewed, and Parliament was not disposed to continue the privilege

hitherto enjoyed by the directors of making appointments to

Haileybury--the preparatory school for the civil service in India. A

commission, with Macaulay at its head, reported in the following year

that appointments to the Indian service ought to be made on the basis of

an open competitive examination of a scholastic character. The plan was

at once adopted, Haileybury was abandoned, and with some changes in

detail, the system of examination recommended by the commission has been

in operation ever since.[156:2]

[Sidenote: Open Competition.]

In 1853, also, Sir Stafford Northcote and Sir Charles Trevelyan, who

were selected by Mr. Gladstone to inquire into the condition of the

civil service in England, reported in favour of a system of appointment

by open competitive examination. The new method met with far more

opposition at home than in India, and made its way much more slowly.

Foreseeing obstacles in the House of Commons, Lord Palmerston's

government determined to proceed, not by legislation, but by executive

order, resorting to Parliament only for the necessary appropriation. An

Order in Council was accordingly made on May 21, 1855,[156:3] creating a

body of three Civil Service Commissioners,[156:4] who were to examine

all candidates for the junior positions in the various departments of

the civil service. The reform was not at the outset very radical, for

political nomination was not abolished, and the examinations--not

necessarily competitive--were to be arranged in accordance with the

desires of the heads of the different departments. The change could

progress, therefore, only so fast as the ministers in charge of the

various state offices might be convinced of its value; but from this

time the new method gained favour steadily with high administrative

officials, with Parliament and with the public. In 1859[157:1] it was

enacted that (except for appointments made directly by the Crown, and

posts where professional or other peculiar qualifications were required)

no person thereafter appointed should, for the purpose of superannuation

pensions, be deemed to have served in the permanent civil service of the

state unless admitted with a certificate from the Civil Service

Commissioners. In 1860 a parliamentary committee reported that limited

competition ought to supersede mere pass examinations, and that open

competition, which does away entirely with the privilege of nomination,

was better than either.[157:2] The committee, however, did not think the

time ripe for taking this last step, and the general principle of open

competition was not established until June 4, 1870. An Order in Council

of that date,[157:3] which is still the basis of the system of

examinations, provides that (except for offices to which the holder is

appointed directly by the Crown, situations filled by promotion, and

positions requiring professional or other peculiar qualifications, where

the examinations may be wholly or partly dispensed with) no person shall

be employed in any department of the civil service until he has been

tested by the Civil Service Commissioners, and reported by them

qualified to be admitted on probation.[157:4] It provides further that

the appointments named in Schedule A, annexed to the Order, must be

made by open competitive examination; and this list has been extended

from time to time until it covers the greater part of the positions

where the work does not require peculiar qualifications, or is not of a

confidential nature, or of a distinctly inferior or manual character

like that of attendants, messengers, workmen, etc.[158:1]

[Sidenote: A Test of Capacity rather than Fitness.]

Since the general introduction of open competition, by the Order in

Council of 1870, two tendencies have been at work which are not

unconnected. The first is towards simplification, by grouping positions

that have similar duties into large classes, with a single competition

for each class, and thus diminishing the number of examinations for

separate positions.[158:2] The second is the tendency so to examine the

candidates as to test their general ability and attainments, and hence

their capacity to become useful in the positions assigned to them,

rather than the technical knowledge they possess.[159:1] This

distinction marks an important difference between the system of civil

service examinations as it exists in the United States, and the form

which the system has assumed in England. For in the United States the

object is almost entirely to discover the immediate fitness of the

candidates for the work they are expected to do; in England the object

in most cases is to measure what their ability to do the work will be

after they have learned it. The difference arises partly from the fact

that in America the examinations were superimposed upon a custom of

rotation in office and spoils, while in England permanence of tenure was

already the rule; and partly from the fact that the system is applied in

America mainly to positions requiring routine or clerical work, whereas

in England it affects also positions involving, directly or

prospectively, a much greater amount of discretion and responsibility.

Now, it is clear that if men are to be selected young for a lifelong

career, especially if that career involves responsible administrative

work, any acquaintance with the details of the duties to be performed,

and any present fitness for the position, are of far less consequence

than a thorough education, keen intelligence and capacity for

development. Proceeding upon this assumption, Macaulay's commission on

the Indian Civil Service laid down two principles: first, that young men

admitted to that service ought to have the best general education

England could give; and, second, that ambitious men should not be led to

spend time in special study which would be useless if they were not

successful in the competition. The commission urged, therefore, that the

examinations should be closely fitted to the studies pursued in the

English universities. This plan was adopted, and although at one time

the age of admission, and with it the standard, was lowered, they were

afterwards restored; and the same principle is now also applied to the

higher grades in the home service. For the lower positions in that

service, where the work is of a clerical nature, and hence less

discretion and responsibility are involved, it was formerly the habit to

make the examinations more of a test of immediate preparation for the

duties of the office; but this, as we shall see, has recently been

replaced by a system based upon Macaulay's ideas, though applied, of

course, to an inferior scale of education.

[Sidenote: The Different Grades in the Civil Service.]

The permanent officials of a typical department comprise a permanent

under-secretary at the head, and one or more assistant under-secretaries

and chiefs of branches. These offices are treated as not subject to

examination under the Order of 1870, either because they are filled by

promotion, or on the ground that the positions require peculiar

qualifications.[160:1] As a matter of fact such posts are by no means

always filled by promotion, and persons are sometimes selected for them

who are outside of the service altogether. Next in rank come the

principal clerks; but they are recruited entirely by promotion from the

first-class clerks, who are, therefore, the highest grade of officials

entering the service by competitive examination. Below them are the men

now properly called clerks of the second division, although the title of

this class of civil servants has been changed so often that one finds

strange variations of nomenclature in the different departments. Below

these again come the assistant clerks (abstractor class), and finally

the boy clerks.

[Sidenote: Their Origin.]

The sharp separation of the clerks into classes, with distinct

examinations for each class, did not arise at once. The first

examinations under the original order of 1855 were required only for a

"junior situation in any department," and they were not the same in the

different departments. They were elementary affairs,[161:1] evidently

designed to sift out incompetence rather than to test superiority; for

it must be observed that in only a very small proportion of these

examinations was there even a limited competition.[161:2] When, however,

the Order of 1870 extended the admission examinations to all positions

in the service, not specially excepted or filled by promotion, and set

up the principle of open competition, it became necessary to distinguish

between the higher posts, involving discretionary powers and requiring a

liberal education, and the lower ones where the duties are of a clerical

kind; to distinguish, in other words, between the administrator and the

clerk. Such a distinction was made by the commissioners in their

earliest regulations under the Order of 1870,[161:3] the two classes

being recruited separately by examinations of different character, the

first of which was adapted to university graduates, and the second to

young men from commercial life. At the outset the line was drawn

somewhat at haphazard without sufficient attention to the real nature of

the work to be done, and it was readjusted several times before it

assumed its present form.[161:4]

[Sidenote: Exceptional Positions.]

Aside from the regular grades of clerks recruited by open competition,

there are various kinds of inspectors, clerks and other special

officials, appointed after open competition, limited competition, pass

examination or no examination at all. In fact the departments are full

of anomalies, some of them the necessary result of peculiar conditions

of service, and others due apparently to no very rational cause. The

reader will, no doubt, be sufficiently wearied by a description of the

more common methods of examination, without going into the

eccentricities of the system. It may be convenient to consider first the

open competitions, and then the appointments that are made in other

ways.

[Sidenote: The First-class Clerkships.]

The highest posts in the permanent civil service to which admission is

obtained by competitive examination are known as the first-class

clerkships. In 1895 the examinations for these positions and for the

Indian Civil Service were consolidated, and in the following year those

for the Eastern Cadets[162:1] were added; so that a single annual

competition is now the gateway to all three careers, the successful

candidates being allowed, in the order of their rank at the

examination, to choose the service they will enter. In spite of the

smaller pay the first men on the list have usually selected the home

service, because the life is more agreeable; and so far as the vacancies

make it possible they are assigned to the particular department they

prefer.

[Sidenote: The Entrance Examinations.]

Although these positions are called clerkships, the work is not of a

clerical, but of an administrative, and in the upper grades of a highly

responsible, character. The aim of the commissioners is, therefore, to

recruit young men of thorough general education for an important and

lifelong administrative career. With this object the candidates are

required to be between twenty-two and twenty-four years of age, and the

examination, which has no direct connection with their subsequent

duties, is closely fitted to the courses of study in the universities.

As a matter of fact the papers in mathematics and natural science are

based upon the requirements for honour degrees at Cambridge, the papers

in classical and other subjects upon those at Oxford; and thus it

happens that by far the larger part of the successful candidates come

from one or other of these two great universities.[163:1] The range of

subjects is naturally large, and a candidate is allowed to offer as many

as he pleases, but by an ingenious system of marking a thorough

knowledge of a few subjects is made to yield a higher aggregate of marks

than a superficial acquaintance with a larger number.[163:2] The

examination papers are set, and the books are read, by well-known

scholars, instructors at the universities and others, who are selected

for the purpose. That the papers are severe any one may convince

himself by looking at them. Moreover the number of candidates, which is

two or three times as large as the vacancies in all three services

together, insures a rigorous competition; and the result is that the

candidates who win the appointments are men of education and

intellectual power. They belong to the type that forms the kernel of the

professions; and many of them enter the civil service simply because

they have not the means to enable them to wait long enough to achieve

success in a professional career. They form an excellent corps of

administrators, although the time has not come to express an opinion on

the question whether they will prove the best material from which to

draw the permanent under-secretaries and the other staff officers at the

head of the different services. As yet few of them have attained

positions of this grade, but it must be remembered that they have only

recently begun to reach an age when they could be expected to do so.

[Sidenote: Their Social Effect.]

When the government was considering the introduction of competitive

examinations, in 1854, fears were expressed that such a system would

result in driving the aristocracy out of the civil service, and

replacing it by a lower social class.[164:1] Mr. Gladstone himself did

not share that belief. On the contrary, he thought the plan would give

to the highly educated class a stronger hold than ever upon the higher

positions in the service.[164:2] In this he proved a better prophet than

his critics. By far the greater part of the successful competitors for

the Class I clerkships now come, as we have seen, from Oxford and

Cambridge; and the men educated at those universities are still drawn

chiefly from the upper classes, from the aristocracy, the gentry, the

sons of clergymen, of lawyers, of doctors, and of rich merchants who

have made, or who hope to make, their way into the higher strata of

society. Men of more humble extraction go, as a rule, to the provincial

colleges. The Civil Service Commissioners have given in some of their

annual reports the occupations of the fathers of the successful

candidates at the chief open competitions; and while in the case of the

joint examination for the Class I clerkships and the Indian Civil

Service the list includes no peers, and does include some tradesmen, yet

on the whole it consists of persons belonging to the upper and the upper

middle class. Thus it has come about that competitive examinations,

instead of having a levelling tendency, by throwing the service open to

a crowd of quick-witted youths without breeding, has helped to

strengthen the hold of the upper classes upon the government, by

reserving most of the important posts for men trained in the old

aristocratic seats of learning. In this connection it may be observed

that the highest positions in the civil service are often held by men of

noble blood, and it has sometimes happened that the permanent

under-secretary has been a man of higher social position than his

political chief. Sir Robert Herbert and Sir Courtenay Boyle, for

example, who were recently the permanent heads of the Colonial Office

and the Board of Trade, were scions of ancient families in England and

Ireland; and the latter had at one time as his political chief Mr.

Mundella, who had begun life as a printer's devil.[165:1]

[Sidenote: The Second Division Clerkships.]

Ranking below the Class I clerkships, there is a large body of persons

whose work is mainly clerical. These are known as the second division

clerks, and they are recruited by open competition. The standard of

education required by the examination is naturally much less high than

in the case of the first-class clerks, and the candidates are

consequently younger, the competition being now limited to youths

between seventeen and twenty years of age.[165:2]

[Sidenote: Nature of Examinations.]

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