CHAPTER XIV

THE KING AND HIS MINISTERS AND THE COUNTRY.

1

The list of the proposed Administration is submitted by the Prime

Minister to the King for approval. Constitutionally, the Sovereign

has the right of veto, and may require any of the Ministerial

appointments to be cancelled. This prerogative is now rarely, if

ever, enforced. So far as is known, Queen Victoria was the last

Sovereign to raise objections to certain of the names proposed to

her. When Gladstone was forming his Government in 1880, she wished

for Lord Hartington at the War Office, in place of Mr. Childers; but

she was induced to give way. It was said in 1893, when Gladstone

was again forming an Administration, that Henry Labouchere was not

included solely because Queen Victoria refused her sanction. In the

remoter past there are instances of the Sovereign not merely vetoing

an appointment, but also of making one. But when George IV attempted

to appoint Herries in 1827 Chancellor of the Exchequer, objection was

successfully maintained. By modern usage, therefore, the position

may be said to be that the Sovereign has the right to veto an

appointment, but not to make one.

The Administration having been completely formed, a day is appointed

by the King for taking leave of the outgoing Ministers, and receiving

the incoming Ministers, at meetings of the Privy Council. The

customary procedure is for the Clerk of the Council to collect all

the seals of office from the various Departments beforehand and take

them to Buckingham Palace for the ceremony. Only certain Ministers

hold seals as insignia of office. The retiring Prime Minister has no

seal to hand over, even though he may also hold, as he usually does,

the office of First Lord of the Treasury; and therefore the new Prime

Minister has none to receive. The Ministers having seals of office

are the Lord Chancellor, the Lord Privy Seal, the five Secretaries

of State—Home Department, Foreign Affairs, Colonies, War, and India

(all of whom are constitutionally of co-equal and co-ordinate

authority, and fully authorized to transact, if need be, each other’s

business)—the Chancellor of the Exchequer, the Chancellor of the

Duchy of Lancaster, and the Secretary for Scotland.

The seals of office are sets of three seals, each made of metal,

known respectively as the signet, the smaller seal, and the cachet.

It is only at the Foreign Office that full use is made of the

three. The signet is affixed to instruments for the ratification of

treaties. The smaller seal is used for Royal Warrants countersigned

by the Secretary. The cachet is used for the purpose of sealing

letters sent by the King to Foreign Sovereigns on matters of State.

Two seals only are used at the Colonial Office, the signet and the

smaller seal; while at the Home Office and the India Office the

smaller seal is used for all purposes. All the seals bear the Royal

Arms, but have no image or device appropriate to the office of which

each is the symbol. Each Minister receives the seals of his office

enclosed in a velvet case from the King. No doubt curiosity impels

him to examine the seals on that great day when he enters office, but

he probably never sees them again until that other notable day when

he quits office by handing the seals back to the King.

2

The outgoing Ministers are first received by the King in the Council

Chamber. The seals being sorted out, each Minister takes his and

delivers it up to the King, thereby relinquishing his office.

Ministers without seals resign office by formally taking leave of the

King. Later on, the new Ministers arrive at the Palace. The second

Council is then held. The first thing done is to administer the

Privy Councillor’s oath to such Cabinet Ministers as are not yet

members of the Privy Council. Each swears to be “a true and faithful

servant unto the King’s Majesty,” and to reveal it to his Majesty

should he come to know of “any manner of thing to be attempted, done

or spoken, against his Person, Honour, Crown, or Dignity Royal,”

and then proceeds to take a further oath upon which the secrecy of

Cabinet proceedings rests. The passage is as follows:

You shall, in all things to be moved, treated and debated in

Council, faithfully and truly declare your Mind and Opinion

according to your Heart and Conscience; and shall keep secret all

Matters committed and revealed unto you, or that shall be treated

of secretly in Council. And if any of the said Treaties or Councils

shall touch any of the Counsellors, you shall not reveal it unto

him, but shall keep the same until such time as, by the Consent of

his Majesty, or of the Council, Publication shall be made thereof.

The oath winds up, “So help you God and the Holy contents of this

book,” though by an Act of 1889 affirmation may be substituted for

the oath.

Disraeli, who knew something about the formation of Ministries,

has described the antithesis of the Ministry of All the Talents,

in his novel _Endymion_, as the Ministry of Untried Men. There is

much fact and some fiction in the description. The Ministry was the

one formed by Lord Derby in 1852, with Disraeli himself in it as

Chancellor of the Exchequer. Derby, leader of the Protectionists,

seemed to have a difficult task, for, barring himself, there was no

one to choose who had already held office. The task, Disraeli tells

us, was accomplished in this way: “A dozen men without the slightest

experience of official life had to be sworn in as Privy Councillors

before they could receive the seals and insignia of their intended

offices. On their knees, according to official custom, a dozen

men, all in the act of genuflexion at the same moment, and headed,

too, by one of the most powerful peers in the country, the Lord of

Alnwick Castle himself, humbled themselves before a female Sovereign,

who looked serene and imperturbable before a spectacle never seen

before, and which in all probability will never be seen again. One

of the band, a gentleman without any experience whatever, was not

only placed in the Cabinet, but was absolutely required to become

the Leader of the House of Commons, which had never occurred before,

except in the instance of Mr. Pitt in 1782.” Lord Beaconsfield’s

confession, it is well to recall, appeared after his final

disappearance from the political scene.

When the whole Cabinet has thus qualified for admission to the Privy

Council, his Majesty declares Lord President of the Council the

Minister appointed to that office, who thereupon takes the oath to

“well and truly serve his Majesty,” and kisses his Majesty’s hand.

The other Ministers take a similar oath in due order, beginning with

the Lord Chancellor, who receives the Great Seal, followed by the

Prime Minister and First Lord of the Treasury; and those who are

entitled to seals receive them from the King, while the others kiss

his Majesty’s hand in acceptance of office. Thus does the Sovereign

ratify the selections of the Prime Minister for the various posts in

the Administration.

3

Lord Campbell relates in his _Diary_ that in 1859, as the members

of the Palmerston Administration, in which he held the office of

Lord Chancellor, were going down to Windsor by special train, they

passed another express returning to London with the outgoing Premier,

Lord Derby, and his colleagues. What an opening for aspiring young

statesmen if a wicked wag of a railway director had ordered the two

trains to be put on the same line, was the genial comment of the

Lord Chancellor! Sir Stafford Northcote, who was a Minister in the

next Derby Administration, formed in July 1866, also gives some

interesting glimpses of the proceedings associated with a change of

Government. He writes: “Queen’s carriages met us at the terminus

and took us to Windsor Castle. As we went upstairs we met the late

Ministers coming down, and shook hands with them. While we were

waiting in the long room there was a sharp thunderstorm, and there

was another while we were at luncheon, after taking office. The

slopes of the Terrace looked as if there had been a fall of snow.

Some thought this a bad omen for us. Disraeli had a bad omen of his

own as we came down, for, thinking there was a seat at the end of the

saloon carriage, he sat down there, and found himself unexpectedly

on the floor.” This Administration lasted scarcely two years;

but, despite the ill-omened accident to Disraeli, it was for that

statesman a fortunate Administration. In it he first filled the great

office of Prime Minister, to which he succeeded on the resignation of

Lord Derby, on account of failing health, early in 1868.

But to return to Windsor Castle. Sir Stafford Northcote goes on to

say: “Lord Derby was first sent for by the Queen, and had a short

audience. We were then all taken along the corridor to the door

of a small room, or, rather, closet. Lord Derby, Lord Chelmsford,

and Walpole were called in; then the five new members of the Privy

Council—Duke of Buckingham, Carnarvon, Cranborne, Hardy, and I—were

called in together, and knelt before the Queen while we took the

oath of allegiance; then we kissed hands, rose, and took the Privy

Councillor’s oath standing. The Queen then named the Duke of

Buckingham Lord President of the Council, and we all retired. The

Prince of Wales and Duke of Edinburgh were in the room. We were then

called in one by one and kissed hands on appointment to office, Lord

Derby going first, then the Lord Chancellor, the Lord President,

the Lord Privy Seal, the Secretaries of State (all together), the

Chancellor of the Exchequer, etc. The seals were delivered to all

these, except the Lord President. Lord Derby then had a long audience

with the Queen, while we went to luncheon. Returned by special

train at four o’clock.” John Bright was the only Minister who, so

far as I know, was relieved of the obligation to kneel and kiss the

Sovereign’s hands on receiving the seals of office. When he went to

Windsor on his appointment as President of the Board of Trade, Queen

Victoria, a great admirer of his speeches, sent Helps, Clerk to the

Privy Council, to tell Bright she would dispense with the ceremony if

that was more agreeable to his feelings as a Quaker, and he availed

himself of this “considerate permission,” as he regarded it.

How a Minister (Henry Chaplin, afterwards Lord Chaplin) held the

seals of the Secretary of State for War, for the briefest period

possible, is mentioned in the diary of Lord Cranbrook, when he enters

the visit to Windsor of the Conservative Ministry of 1885 upon taking

office. “There was no contretemps but the careless omission of the

kissing hands by Northcote, which was soon set right; and her Majesty

gave Chaplin the War Office seals by mistake, easily rectified.

Still, there should be some distinctive mark on each set.”

4

But all is not over yet. A Member of the House of Commons who accepts

an office of profit under the Crown thereby vacates his seat, and

must seek re-election. This applies to the heads of all the great

Departments. Minor Ministerial posts, such as the Secretary to the

Treasury, the Under-Secretaries of State, the Parliamentary and

Financial Secretaries of various Departments, are exempted from

this parliamentary law, as they are regarded as holding office not

by appointment of the Crown, but by appointment of the Ministers

in charge of the different offices. The object of compelling a

Minister to submit his acceptance of office to the judgment of his

constituents, which was first established by an Act of the reign

of Queen Anne—Succession to the Crown Act, 1707—was to restrain

the corrupt influence of the Crown over Parliament by its power of

conferring place on servile and obsequious Members. The danger the

statute was designed to avert has, happily, past long since and

gone for ever. The Act of Anne, however, continues in operation

despite the fact that, owing to the complete revolution which has

since been effected in the Constitution, it is entirely remote from

the realities of these democratic times. The only modification

of the original Act is a provision in the Reform Act of 1867, by

which a Minister who is transferred to another office “in lieu of

and in immediate succession the one to the other” need not submit

himself to his constituents. A constitutional difficulty arose on

the taking over of the Chancellorship of the Exchequer by Gladstone

on the resignation of Lowe in 1873, during a parliamentary recess,

Gladstone at the time being First Lord of the Treasury and Prime

Minister. Did the right hon. gentleman come under the provision of

the Act of 1867, and therefore not obliged to seek re-election? The

law officers of the Crown—Coleridge, Attorney-General, and Jessel,

Solicitor-General—came to the conclusion that the seat was not

vacated; and their opinion was supported by Sir Erskine May, Clerk

of the House of Commons. On the other hand, Lord Chancellor Selborne

advanced the opposite view, holding that, as Gladstone had taken

the office of Chancellor of the Exchequer, not in lieu of and in

immediate succession to, but in addition to, the office of First Lord

of the Treasury, he must submit himself to his constituents. But this

Gladstone was reluctant to do, as his seat for Greenwich was believed

to be unsafe.

Meanwhile, the Conservative Opposition sought to make the situation

more embarrassing for the Government. The Speaker is not empowered

to issue his warrant for a new election during the Recess in the

room of any Member who since the Prorogation has accepted any office

whereby he has vacated his seat, unless on receipt of a certificate

from two Members and a notification from the Member himself of the

fact of such acceptance of office. What happened in this particular

case is thus described by John Morley in his _Life of Gladstone_:

“The unslumbering instinct of Party had quickly got upon a scent, and

two keen-nosed sleuth-hounds of the Opposition, four or five weeks

after Mr. Gladstone had taken the seals of the Exchequer, sent to

the Speaker a certificate in the usual form, stating a vacancy at

Greenwich, and requesting him to issue a writ for a new election. The

Speaker reminded them, in reply, that the issue of writs during the

recess in cases of acceptance of office required notification to him

from the Member accepting, and he had received no such notification.”

In the midst of the controversy Parliament was dissolved, and with it

the difficulty.

Governments have tried to repeal the statute of Queen Anne. Arthur

Balfour, who thought the law not only antiquated, but inimical to

good government, once, when Prime Minister, brought in a Bill to

abolish it. “I remember in my early days,” said he, in the session

of 1905, “the Party to which I belong—it was in 1880—derived

infinite enjoyment from the satisfaction of turning the late Sir

William Harcourt out of his seat at Oxford on his taking office as

Home Secretary. He found a seat after considerable inconvenience

to Mr. Gladstone’s Government; and in my opinion, although it gave

us great satisfaction as a good practical joke, it was a severe

condemnation of the system on which we now carry on business, and

which no practical assembly in the world but our own would tolerate

for an instant.” Balfour failed, however, to get the House of Commons

to agree to his Bill. I have heard several debates on the subject.

The chief argument of the Treasury Bench for the repeal of the Act

was that by reason of it no Prime Minister has ever been able to

exercise a really free choice in the selection of his colleagues in

the Administration; for often he has had to put a square man into

a round hole, because the round man that would fit the round hole

admirably held an unsafe seat, and therefore might not be re-elected.

But the view of the back benches always has been that the Act

supports the control of the House over the Government, and gives to

the constituency the opportunity of expressing its opinion as to the

action of its representative in accepting office under the Crown.

This view has always prevailed. During the Great War the principle

was twice suspended by emergency Acts. Members who accepted office

in the two Coalition Governments of the War—one under Asquith in May

and June 1915, and the other under Lloyd George in December 1916 and

January 1917—were expressly absolved from the necessity of seeking

re-election. But when the second Coalition Government, after the

General Election of December 1918, submitted to the new Parliament,

as their first measure, a Bill to repeal the statute of Queen Anne,

feeling against it was very strong, and all that the House of Commons

would assent to was to suspend for nine months the obligation on

Members to go to their constituencies on the acceptance of office.

5

With the re-election of the Ministers the work is at an end.

The Administration has been duly constituted, according to

long-established custom. However smoothly and rapidly it may have

progressed, there are certain to be many sore hearts—those of the

young with disappointed hopes, and, more pathetic still, those of the

old, who are deemed to be no longer fit for office. But what of the

outgoing Ministers? They no longer carry out of office the little

perquisites which were permitted to some of their predecessors. At

one time each Secretary of State, for instance, received on his

appointment a silver inkstand, which he could retain and hand down

as a keepsake to his children; but Gladstone, when Chancellor of the

Exchequer, abolished this custom, and the only souvenir of office an

outgoing Minister can take with him now is the red despatch box in

which he used to carry his official papers to the House of Commons.

How do they take their dismissal by the country? “There are two

supreme political pleasures in life,” says Lord Rosebery. “One is

ideal, the other real. The ideal is when a man receives the seals of

office from the hands of his Sovereign; the real, when he hands them

back.” It is the saying of a man who was sick and tired of office.

But I beg leave to doubt its general application.

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