FOOTNOTES:

[66] Let the reader notice, in passing, the passage which we have

italicised. We shall consider the exercise of the royal warrant by the

Government hereafter; but it may be observed in the meanwhile how

completely the above passage justifies (what, indeed, was not

seriously denied by any competent authority) the legality of Mr.

Gladstone's measure. The purchase system is there made absolutely

dependent on the continued permission of the royal will. The moment

that permission is withdrawn, the purchase system ceases to be. The

Queen simply withdrew the royal warrant which authorized it, and there

was an end of the matter legally and constitutionally.

[67] The Duke of Argyll questioned the constitutional character of

this amendment, and not without reason, as trenching on the royal

prerogative, acting through the responsible ministers of the Crown.

'Parliament has a right to call for full information in regard to

military matters, for the purpose of enabling it to vote with

discretion and intelligence. But this right must not be held to

justify an unreasonable interference in respect to the details of

military administration.'--_Todd's Parliamentary Government in

England._ Vol. i. p. 328.

[68] Mr. Göschen is certainly much to be pitied. If a first class

man-of-war is driven at midday on a well-known rock he is held

responsible for the disaster, and if he inflicts condign punishment on

the culpable officers, he is accused of unjust and arbitrary conduct.

Indeed, some of our Conservative friends have not hesitated to say

that Mr. Göschen exceeded his power in superseding the peccant

admirals in the Mediterranean. Such an opinion is in the teeth of

legal authorities. Let us quote one of the latest and best known:--'It

is essential to the constitution of a military body,' says Mr. Todd

('Parliamentary Government in England,' vol. i. p. 326) 'that the

Crown should have the power of reducing to a lower grade, or of

altogether dismissing, any of its officers from service in the army or

navy at its own discretion, _and, if need be, without assigning any

reason; such power being always exercised through a responsible

minister, who is answerable_ for the same, if it should appear to have

been exercised unwarrantably and upon an insufficient ground.' So well

established is this rule that it was decided by the Court of Queen's

Bench, in the case of Dickson _v._ Viscount Combermere, that the

discretionary power of the Crown to remove officers is so absolute

that even if an officer had been tried by a court of inquiry and

acquitted, the Crown was justified in removing him from office upon

the advice of a minister responsible to Parliament.

British Quarterly Review, American Edition, Vol. LIV July and October, 1871 · 第 59 / 71 题