The Governments of Europe Part 5

*61. The Privy Council.*--One who would understand the modes by which the powers of the crown are in practice exercised must begin by fixing firmly in mind the nature and relations of three distinct but closely interrelated inst.i.tutions, the Privy Council, the ministry, and the cabinet. As has appeared, the Privy Council through a long period of English history comprised the body of men who advised the crown and a.s.sisted to some extent in the supervision of administration. The number of councillors from time to time varied widely, but it tended constantly to be too large to admit of the requisite despatch and secrecy, and by reason princ.i.p.ally of this consideration the crown fell into the custom of selecting as advisers a group of persons less numerous, and perhaps more trustworthy, than the whole body of public functionaries collectively designated as the Privy Council. Thus arose the cabinet, which throughout its entire history has been only an inner circle, unknown to the law, of the older and larger body. The Privy Council survives to-day, and in both law and theory it still is the advisory body of the crown. A cabinet member possesses authority and is known to the law only as a privy councillor. In point of fact, however, the Privy Council, once highly influential in affairs of state, is now, as such, all but powerless. Such portions of the dignity of its ancient place in the const.i.tution as remain to it are of a purely formal and ceremonial nature. It holds no meetings of a deliberative character, and although legally its action is still essential to many public measures, as the preparation of proclamations and of orders in council, this action may be taken by as few as three persons.[80] All cabinet members are members of the Council, so that even one-fifth or one-sixth of the cabinet group is competent to meet every legal requirement imposed upon the Council as a whole.[81] (p. 061) All councillors are appointed by the crown and continue in office for life or until dismissed. Their number is unlimited, and the only qualification necessary for appointment is British nativity. Members fall into three groups: (1) members of the cabinet; (2) holders of certain important non-political offices who by custom are ent.i.tled to appointment; (3) persons eminent in politics, literature, law, or science, or by reason of service rendered the crown, upon whom the dignity is conferred as an honorary distinction. Members bear regularly the t.i.tle of Right Honorable. The President of the Council, designated by the crown, takes rank in the House of Lords next after the Chancellor and Treasurer.[82]

[Footnote 80: On the nature of orders in council see Anson, Law and Custom of the Const.i.tution, II., Pt. 1, 147-149.]

[Footnote 81: It is to be observed, however, that despite the transfer of the business devolving formerly upon the Council into the hands of the specially const.i.tuted departments of government, the Council does still, through the agency of its committees, perform a modic.u.m of actual service. Of princ.i.p.al importance among the committees is the Judicial Committee, which hears appeals in ecclesiastical cases and renders final verdict in all appeals coming from tribunals outside the United Kingdom. See p. 175.]

[Footnote 82: Traill, Central Government, Chap.

12.]

*62. Ministry and Cabinet.*--Another governmental group which, like the Privy Council, differs from the cabinet while containing it, is the ministry. The ministry comprises a large and variable body of functionaries, some of whom occupy the princ.i.p.al offices of state and divide their efforts between advising the crown, i.e., formulating governmental policy, and administering the affairs of their respective departments, and others of whom, occupying less important executive positions, do not possess, save indirectly, the advisory function. The first group comprises, approximately at least, the cabinet. Most heads of departments are regularly and necessarily in the cabinet. A few are in it as a rule, though not invariably. A few, still less important, may be, but are not likely to be, admitted to it. And, finally, a large number of parliamentary under-secretaries, party "whips," and officers of the royal household are certain not to be admitted.[83]

[Footnote 83: On the relations of cabinet and ministry see Lowell, Government of England, I., Chap. 3.]

V. THE EXECUTIVE DEPARTMENTS

In respect to both origin and legal status the executive departments of the central government of Great Britain exhibit little of the conformity to type which characterizes their counterparts in the logical and self-consistent governmental systems of the majority of continental countries. Under the pressure, however, of custom and (p. 062) of parliamentary control, they have been reduced to essentially a common style of organization and a common mode of administrative procedure. In virtually every instance the department is presided over by a single responsible minister, a.s.sisted as a rule by one or more parliamentary under-secretaries and, more remotely, by a greater or lesser body of non-political officials who carry on the actual work of the department and whose tenure is not affected by the political fortunes of their chiefs.

*63. The Treasury.*--Among the numerous departments, some represent survivals of great offices of state of an earlier period, some are offshoots of the ancient secretariat, and some comprise boards and commissions established in days comparatively recent. In the first group fall the offices of the Lord High Treasurer, the Lord High Chancellor, and the Lord High Admiral. From the early sixteenth century to the death of Queen Anne the princ.i.p.al official of the Treasury was the Lord High Treasurer. Since 1714, however, the office has been regularly in commission. The duties connected with it have been intrusted to a board composed of certain Lords of the Treasury, and no individual to-day bears the Lord High Treasurer's t.i.tle. When a ministry is made up the group of Treasury Lords is renewed, and as a rule the post of First Lord is a.s.sumed by the premier. In point of fact, however, the board is never called together, some of its members have no actual connection whatsoever with the Treasury, and the functions of this most important of all departments are in practice exercised by the Chancellor of the Exchequer, a.s.sisted by the Junior Lords and the under-secretaries. The Exchequer, i.e., the department concerned princ.i.p.ally with the collection of the taxes, is in fact, though not in name, a branch of the Treasury Board. Within the Treasury, and immediately under the direction of the Chancellor, is drawn up the annual budget, embodying a statement of the contemplated expenditures of the year and a programme of taxation calculated to produce the requisite revenue. The Treasury exercises general control over all other departments of the public service, e.g., the Post-office and the Board of Customs, in which public money is collected or expended.[84]

[Footnote 84: On the organization and workings of the Treasury see Lowell, Government of England, I, Chap. 5; Dicey, Law of the Const.i.tution, Chap. 10; Anson, Law and Custom of the Const.i.tution, II., Pt.

1, 173-190; Traill, Central Government, Chap. 3.]

*64. The Admiralty Board and the Lord High Chancellorship.*--A second of the ancient offices of state which survives only in commission is (p. 063) that of the Lord High Admiral. The functions of this important post devolve to-day upon an Admiralty Board, consisting strictly of a First Lord, four Naval Lords (naval experts, usually of high rank), and a Civil Lord, with whom, however, sit a number of parliamentary and permanent secretaries. The First Lord is invariably a member of the cabinet, and while legally the status of the six Lords is identical, in practice the position of the First Lord approximates closely that of the minister of marine in continental countries. Unlike the Treasury Lords, the Lords of the Admiralty actually meet, and transact business.

The third of the executive offices which comprise survivals from early times is that of the Lord High Chancellor. There is in Great Britain no single official who fills even approximately the position occupied elsewhere by a minister of justice or an attorney-general, but the most important of several officers who supply the lack is the Lord Chancellor. "The greatest dignitary," says Lowell, "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."[85] The Lord Chancellor is invariably a member of the Cabinet. He is the chief judge in the High Court of Justice and in the Court of Appeal. He appoints and removes the justices of the peace and the judges of the county courts and wields large influence in appointments to higher judicial posts. He affixes the Great Seal where it is required to give validity to the acts of the crown and he performs a wide variety of other more or less formal services.

Finally, it is the Lord High Chancellor who presides in the House of Lords.

[Footnote 85: Government of England, I., 131.]

*65. The Five Secretaries of State.*--Five of the great departments to-day represent the product of a curious evolution of the ancient secretariat of state. Originally there was but a single official who bore the designation of secretary of state. In the earlier eighteenth century a second official was added, although no new office was created. At the close of the century a third was added, after the Crimean War a fourth, and after the Indian Mutiny of 1857 a fifth.

There are now, accordingly, five "princ.i.p.al secretaries of state," all in theory occupying the same office and each, save for a few statutory restrictions, competent legally to exercise the functions of any or all of the others. In practice each of the five holds strictly to his own domain. The group comprises: (1) the Secretary of State for the Home Department, a.s.sisted by a parliamentary under-secretary and a large staff of permanent officials, and possessing functions of a highly miscellaneous sort--those, in general, belonging to the (p. 064) ancient secretariat which have not been a.s.signed to the care of other departments; (2) the Secretary of State for Foreign Affairs, at the head of a department which not only conducts foreign relations but administers the affairs of such protectorates as are not closely connected with any of the colonies; (3) the Secretary of State for the Colonies; (4) the Secretary of State for War; and (5) the Secretary of State for India, a.s.sisted by a special India Council of ten to fourteen members.

*66. The Administrative Boards.*--The third general group of departments comprises those which have arisen through the establishment in comparatively recent years of a variety of administrative boards or commissions. Two--the Board of Trade and the Board of Education--originated as committees of the Privy Council. Three others--the Board of Agriculture, the Board of Works, and the Local Government Board--represent the development of administrative commissions not conceived of originally as vested with political character. All are in effect independent and co-ordinate governmental departments. The composition and functions of the Board of Trade are regulated by order in council at the opening of each reign, but the character of the other four is determined wholly by statute. At the head of each is a president (save that the chief of the Board of Works is known as First Commissioner), and the membership embraces the five secretaries of state and a variable number of other important dignitaries. This membership, however, is but nominal. No one of the Boards actually meets, and the work of each is performed entirely by its president, with, in some instances, the a.s.sistance of a parliamentary under-secretary. "In practice, therefore, these boards are legal phantoms that provide imaginary colleagues for a single responsible minister."[86] Very commonly the presidents are admitted to the cabinet, but sometimes they are not.[87]

[Footnote 86: Lowell, Government of England, I., 84.]

[Footnote 87: On the organization and workings of the executive departments see Lowell, _op. cit._, I., Chaps. 4-6; Marriott, English Political Inst.i.tutions, Chap. 5; Anson, Law and Custom of the Const.i.tution, II., Pt. 1, Chap. 3; Traill, Central Government, Chaps. 3-11.]

VI. THE CABINET: COMPOSITION AND CHARACTER

*67. Regular and Occasional Members.*--The cabinet comprises a variable group of the princ.i.p.al ministers of state upon whom devolves singly the task of administering the affairs of their respective departments and, collectively, that of shaping the policy and directing the conduct of the government as a whole. The position occupied by the cabinet (p. 065) in the const.i.tutional system is anomalous, but transcendently important. As has been pointed out, the cabinet as such is unknown to English law. Legally, the cabinet member derives his administrative function from the fact of his appointment to a ministerial post, and his advisory function from his membership in the Privy Council. The cabinet exists as an informal, extra-legal ministerial group into whose hands, through prolonged historical development, has fallen the supreme direction of both the executive and the legislative activities of the state. The composition of the body is determined largely by custom, but in part by pa.s.sing circ.u.mstance. Certain ministerial heads are invariably included: the First Lord of the Treasury, the Lord Chancellor, the Chancellor of the Exchequer, the five Secretaries of State, and the First Lord of the Admiralty. Two dignitaries who possess no administrative function, i.e., the Lord President of the Privy Council and the Lord Privy Seal,[88] are likewise always included. Beyond this, the make-up of the cabinet group is left to the discretion of the premier. The importance of a given office at the moment and the wishes of the appointee, together with general considerations of party expediency, may well enter into a decision relative to the seating of individual departmental heads. In recent years the presidents of the Board of Trade, the Board of Education, and the Local Government Board have regularly been included, together with the Lord Lieutenant or the Chief Secretary for Ireland.[89] The Secretary for Scotland and the Chancellor of the Duchy of Lancaster are usually included; the Postmaster-General and the President of the Board of Agriculture frequently, and the First Commissioner of Works and the Lord Chancellor for Ireland occasionally.

[Footnote 88: The functions of this official are but nominal. In 1870 Sir Charles Dilke moved to abolish the office as useless, but Gladstone urged the desirability of having in the cabinet at least one man who should not be burdened with the management of a department, and the motion was lost. The presidency of the Council is a post likewise of dignity but of meager governmental power or responsibility.]

[Footnote 89: In theory the powers of the executive are exercised in Ireland by the Lord Lieutenant, but in practice they devolve almost entirely upon the nominally inferior official, the Chief Secretary.]

*68. Increasing Size.*--The trend is distinctly in the direction of an increase in the size of the body. The more notable cabinets of the eighteenth century contained, as a rule, not above seven to ten members. In the first half of the nineteenth century the number ran up to thirteen or fourteen, and throughout the Gladstone-Disraeli period it seldom fell below this level. The second Salisbury cabinet, at its fall in 1892, numbered seventeen, and when, following the elections of 1900, the third Salisbury government was reconstructed, the cabinet attained a membership of twenty.[90] The Balfour cabinet of 1905 (p. 066) and the succeeding Campbell-Bannerman cabinet likewise numbered twenty. The increase is attributable to several causes, especially the pressure which comes from ambitious statesmen for admission to the influential circle, the growing necessity of according representation to varied elements and interests within the dominant party, the multiplication of state activities which call for direction under new and important departments, and the disposition to accord to every considerable branch of the administrative system at least one representative. The effect is to produce a certain unwieldiness, to avoid which, it will be recalled, the cabinet was originally inst.i.tuted. Only through the domination of the cabinet by a few of its most influential members can expeditiousness be preserved, and during recent years there has been a tendency toward the differentiation of an inner circle which shall bear to the whole cabinet a relation somewhat a.n.a.logous to that which the cabinet now bears to the ministry. Development in this direction is viewed apprehensively by many people who regard that the concentration of power in the hands of an "inner cabinet" might well fail to be accompanied by a corresponding concentration of recognized responsibility. During more than a decade criticism of the inordinate size of the cabinet group has been voiced freely upon numerous occasions and by many observers.[91]

[Footnote 90: Lord Salisbury at this point retired from the Foreign Office, which was a.s.signed to Lord Lansdowne, and a.s.sumed in conjunction with the premiership the less exacting post of Lord Privy Seal.]

[Footnote 91: Lowell, Government of England, I., 59; Anson, Law and Custom of the Const.i.tution, II., Pt. 1, 211.]

*69. Appointment of the Premier.*--When a new cabinet is to be made up the first step is the designation of the prime minister. Legally the choice rests with the crown, but considerations of practical politics leave, as a rule, no room whatsoever for the exercise of discretion.

The crown sends as a matter of course for the statesman who is able to command the support of the majority in the House of Commons. If the retiring ministry has "fallen," i.e., has lost its parliamentary majority, the new premier is certain to be the recognized leader of the party which formerly has played the role of opposition. If there has not occurred a shift in party status, the premiership will be bestowed upon some one of the colleagues, at least upon one of the fellow-partisans, of the retiring premier, nominated, if need be, by the chiefs of the party. Thus, when in 1894 Gladstone retired from office by reason of physical infirmity, the Liberal leaders in the two houses conferred upon the question as to whether he should be succeeded by Sir William Vernon-Harcourt or by Lord Rosebery. They (p. 067) recommended Lord Rosebery, who was forthwith appointed by the Queen.

If, by any circ.u.mstance, the premiership should fall to the Opposition at a moment when the leadership of this element is in doubt, the crown would be guided, similarly, by the informally expressed will of the more influential party members. While, therefore, the appointment of the prime minister remains the sole important governmental act which is performed directly by the sovereign, even here the substance of power has been lost and only the form survives.

*70. Selection of Other Members.*--The remaining members of the cabinet are selected by the premier, in consultation, as a rule, with leading members of the party. Technically, what happens is that the first minister places in the hands of the sovereign a list of the men whom he recommends for appointment to the princ.i.p.al offices of state. The crown accepts the list and there appears forthwith in the London Gazette an announcement to the effect that the persons named have been chosen by the crown to preside over the several departments.

Officially, there is no mention of the "cabinet." In the selection of his colleagues the premier theoretically has a free hand. Practically he is bound by the necessity of complying with numerous principles and of observing various precedents and practical conditions. Two principles, in particular, must be adhered to in determining the structure of every cabinet. All of the members must have seats in one or the other of the two houses of Parliament, and all must be identified with the party in power, or, at the least, with an allied political group. There was a time, when the personal government of the king was yet a reality, when the House of Commons refused to admit to its membership persons who held office under the crown, and this disqualification found legal expression as late as the Act of Settlement of 1701.[92] With the ripening of parliamentary government in the eighteenth century, however, the thing that once had been regarded properly enough as objectionable became a matter of unquestionable expediency, if not a necessity. When once the ministers comprised the real executive of the nation it was but logical that they should be authorized to appear on the floor of the two houses to introduce and advocate measures and to explain the acts of the government. Ministers had occupied regularly seats in the upper chamber, and not only was all objection to their occupying seats in the lower chamber removed, but by custom it came to be an inflexible rule that cabinet officers, and indeed the ministers generally, should be drawn exclusively from the membership of the two houses.[93] (p. 068) Under provision of an act of 1707 it is still obligatory upon commoners who are tendered a cabinet appointment, with a few exceptions, to vacate their seats and to offer themselves to their const.i.tuents for re-election. But re-election almost invariably follows as a matter of course and without opposition.[94] It is to be observed that there are two expedients by which it is possible to bring into the cabinet a desirable member who at the time of his appointment does not possess a seat in Parliament. The appointee may be created a peer; or he may stand for election to the Commons and, winning, qualify himself for a cabinet post.

[Footnote 92: The clause of this measure which bore upon the point in hand was repealed, however, before it went into operation.]

[Footnote 93: The one notable instance in which this rule has been departed from within the past seventy-five years was Gladstone's tenure of the post of Secretary of State for the Colonies during the last six months of the Peel administration in 1846.]

[Footnote 94: On the reasons for the requirement of re-election and the movement for the abolition of the requirement see Moran, The English Government, 108-109.]

*71. Distribution Between the Houses of Parliament.*--Since the middle of the eighteenth century the tenure of the premiership has been divided approximately equally between peers and commoners, but the apportionment of cabinet seats between the two houses has been extremely variable. The first cabinet of the reign of George III.

contained fourteen members, thirteen of whom had seats in the House of Lords, and, in general, throughout the eighteenth century the peers were apt greatly to preponderate. With the growth in importance of the House of Commons, however, and especially after the Reform Act of 1832, the tendency was to draw an ever increasing proportion of the cabinet officers from the chamber in which lies the storm center of English politics. By legal stipulation one of the secretaries of state must sit in the upper house; and the Lord Privy Seal, the Lord Chancellor, and the Lord President of the Council are all but invariably peers. Beyond this, there is no positive requirement, in either law or custom. In the ministries of recent times the number of peers and of commoners has generally been not far from equal. To fill the various posts the premier must bring together the best men he can secure--not necessarily the ablest, but those who will work together most effectively--with but secondary regard to the question of whether they sit in the one or the other of the legislative houses. A department whose chief sits in the Commons is certain to be represented in the Lords by an under-secretary or other spokesman, and _vice versa_.[95]

[Footnote 95: In France and other continental countries in which the parliamentary system obtains an executive department is represented in Parliament by its presiding official only. But this official is privileged, as the English minister is not, to appear and to speak and otherwise partic.i.p.ate in proceedings on the floor of either chamber.]

*72. Political Solidarity.*--A second fundamental principle which (p. 069) dominates the structure of the cabinet is that which requires that the members be men of one political faith. William III. sought to govern with a cabinet in which there were both Whigs and Tories, but the result was confusion and the experiment was abandoned. Except during the ascendancy of Walpole, the cabinets of the eighteenth century very generally embraced men of more or less diverse political affiliations, but gradually the conviction took root that in the interest of unity and efficiency the political solidarity of the cabinet group is indispensable. The last occasion upon which it was proposed to make up a cabinet from utterly diverse political elements was in 1812. The scheme was rejected, and from that day to this cabinets have been composed regularly, not necessarily of men identified with a common political party, but at least of men who are in substantial agreement upon the larger questions of policy and who have expressed their willingness to co-operate in the carrying out of a given programme of action. The fundamental requisite is unity. A Liberal Unionist may occupy a post in a Conservative cabinet and a Laborite in a Liberal administration, but he may not oppose the Government upon any important question and expect to continue a member of it, save by the express permission of the premier. It is the obligation of every cabinet member to agree, or to appear to agree, with his colleagues.

If he is unable to do this, no course is open to him save resignation.

*73. Other Considerations Determining Appointment.*--In the selection of his colleagues the premier works under still other practical restrictions. One of them is the well-established rule that surviving members of the last cabinet of the party, in so far as they are in active public life and desirous of appointment, shall be given prior consideration. Members of the party, furthermore, who have come into special prominence and influence in Parliament must usually be included. In truth, as Bagehot points out, the premier's independent choice is apt to find scope not so much in the determination of the cabinet's personnel as in the distribution of offices among the members selected; and even here he will often be obliged to subordinate his wishes to the inclinations, susceptibilities, and capacities of his prospective colleagues. In the expressive simile of Lowell, the premier's task is "like that of constructing a figure out of blocks which are too numerous for the purpose, and which are not of shapes to fit perfectly together."[96]

[Footnote 96: Government of England, I., 57. See MacDonaugh, The Book of Parliament, 148-183.]

VII. THE CABINET IN ACTION (p. 070)

*74. Ministerial Responsibility.*--In its actual operation the English cabinet system involves the unvarying application of three principles: (1) the responsibility of cabinet ministers to Parliament; (2) the non-publicity of cabinet proceedings; and (3) the close co-ordination of the cabinet group under the leadership of the premier. Every minister whether or not in the cabinet, is responsible individually to Parliament, which in effect means to the House of Commons, for all of his public acts. If he is accorded a vote of censure he must retire.

In the earlier eighteenth century the resignation of a cabinet officer did not affect the tenure of his colleagues, the first of cabinets to retire as a unit being that of Lord North in 1782. Subsequently, however, the ministerial body so developed in compactness that in relation to the outside world, and even to Parliament, the individual officer came to be effectually subordinated to the group. Not since 1866 has a cabinet member retired singly in consequence of an adverse parliamentary vote. If an individual minister falls into serious disfavor one of two things almost certainly happens. Either the offending member is persuaded by his colleagues to modify his course or to resign before formal parliamentary censure shall have been pa.s.sed, or the cabinet as a whole rallies to the support of the minister in question and stands or falls with him. This is but another way of saying that, in practice, the responsibility of the cabinet is collective rather than individual, a condition by which the seriousness and effectiveness of it are vastly increased. This responsibility covers the entire range of acts of the executive department of the government, whether regarded as acts of the crown or of the ministers themselves, and it const.i.tutes the most distinctive feature of the English parliamentary system. Formerly the only means by which ministers could be held to account by Parliament was that of impeachment. With the development, however, of the principle of ministerial responsibility as a necessary adjunct to parliamentary government, the occasional and violent process of impeachment was superseded by continuous, inescapable, and pacific legislative supervision. The impeachment of cabinet ministers may be regarded, indeed, as obsolete.

*75. How a Ministry may Be Overthrown.*--A fundamental maxim of the const.i.tution to-day is that a cabinet shall continue in office only so long as it enjoys the confidence and support of a majority in the House of Commons. There are at least four ways in which a parliamentary majority may manifest its dissatisfaction with a cabinet, and so compel its resignation. It may pa.s.s a simple vote (p. 071) of "want of confidence," a.s.signing therefor no definite reason. It may pa.s.s a vote of censure, criticising the cabinet for some specific act.

It may defeat a measure which the cabinet advocates and declares to be of vital importance. Or it may pa.s.s a bill in opposition to the advice of the ministers. The cabinet is not obliged to give heed to an adverse vote in the Lords; but when any of the four votes indicated is carried in the lower chamber the premier and his colleagues must do one of two things--resign or appeal to the country. If it is clear that the cabinet has lost the support, not only of Parliament, but also of the electorate, the only honorable course for the ministry is that of resignation. If, on the other hand, there is doubt as to whether the parliamentary majority really represents the country upon the matters at issue, the ministers are warranted in requesting the sovereign to dissolve Parliament and to order a general election. In such a situation the ministry continues tentatively in office. If at the elections there is returned a majority disposed to support the ministers, the cabinet is given a new lease of life. If, on the other hand, the new parliamentary majority is adverse, no course is open to the ministry save to retire. The new parliament will be convoked at the earliest practicable date; but in advance of its a.s.sembling the defeated cabinet will generally have resigned and a new government, presided over by the leader of the late Opposition, will have a.s.sumed the reins. During the interval required for the transfer of power none save routine business is likely to be undertaken.

*76. Secrecy of Proceedings.*--Perpetually responsible to the House of Commons and imperatively obligated to resign collectively when no longer able to command a working majority in that body, the cabinet must at all times employ every device by which it may be enabled to present a solid and imposing front. Two such devices are those of secrecy and the leadership of the premier. It is a sufficiently familiar principle that a group of men brought together to agree upon and execute a common policy in behalf of a widespread and diverse const.i.tuency will be more likely to succeed if the differences that must inevitably appear within their ranks are not published to the world. It is in deference to this principle that the German Bundesrath transacts its business to this day behind closed doors, and it was for an a.n.a.logous reason that the public was excluded from the sittings of the convention by which the present const.i.tution of the United States was framed. Notices of meetings of the English cabinet and the names of members present appear regularly in the press, but respecting the subjects discussed, the opinions expressed, and the conclusions arrived at not a word is given out, officially or unofficially. (p. 072) The oath of secrecy, required of all privy councillors, is binding in a special degree upon the cabinet officer. Not even the sovereign is favored with more than a statement of the topics considered, together with occasionally a formal draft of such decisions as require his a.s.sent. In the earlier part of the nineteenth century meager minutes of the proceedings were preserved, but nowadays no clerical employee is allowed to be present and no record whatsoever is kept.[97] For knowledge of past transactions members rely upon their own or their colleagues' memories, supplemented at times by privately kept notes.

The meetings, which are held only as occasion requires (usually as often as once a week when Parliament is in session) are notably informal. There is not even a fixed place where meetings are held, the members being gathered sometimes at the Foreign Office, sometimes at the premier's house, and, as circ.u.mstance may arise, at almost any convenient place.

[Footnote 97: The same thing is true of the President's cabinet in the United States. The reasons for the policy are obvious and ample; but the preservation of cabinet records, whether in Great Britain or the United States, would, if such records were to be made accessible, facilitate enormously the task of the historian and of the student of practical government.]

*77. Leadership of the Premier.*--The unity of the cabinet is further safeguarded and emphasized by the leadership of the prime minister.

Long after the rise of the cabinet to controlling influence in the state the members of the ministerial body continued supposedly upon a common footing in respect both to rank and authority. The habitual abstention of the early Hanoverians from attendance at cabinet meetings, however, left the group essentially leaderless, and by a natural process of development the members came gradually to recognize a virtual presidency on the part of one of their own number. In time what was a mere presidency was converted into a thoroughgoing leadership, in short, into the premier's office of to-day. It is commonly regarded that the first person who fulfilled the functions of prime minister in the modern sense was Sir Robert Walpole, First Lord of the Treasury from 1715 to 1717 and from 1721 to 1742. The phrase "prime minister" was not at that time in use, but that the realities of the office existed is indicated by a motion made in the Commons attacking Walpole on the ground that he had "grasped in his own hands every branch of government; had attained the sole direction of affairs; had monopolized all the powers of the crown; had compa.s.sed the disposal of all places, pensions, t.i.tles, and rewards"--almost precisely, as one writer puts it, what the present premier is doing and is expected to do.[98] By the time of the establishment of (p. 073) the ministry of the younger Pitt, in 1783, the ascendancy of the premier among his colleagues was an accomplished fact and was recognized as altogether legitimate. The enormous power of the premier, arising immediately upon the ruins of the royal prerogative, was brought virtually to completion when, during the later years of George III., the rule became fixed that in const.i.tuting a ministry the king should but ratify the choice of officials made by the premier.

[Footnote 98: Moran, The English Government, 99.]

Not until 1906 was the premier's office recognized by law,[99] but through more than a century no other public position in the nation has been comparable with it in volume of actual ruling power. Within the ministry, more particularly the cabinet, the premier is the guiding force. He presides, as a rule, at cabinet meetings; he advises with colleagues upon all matters of consequence to the administration's welfare; and, although he will shrink from doing it, he may require of his colleagues that they acquiesce in his views, with the alternative of his resignation.[100] He occupies one of the high offices of state, usually that of First Lord of the Treasury; and, although ordinarily his own portfolio will not require much of his time or energy, he must maintain as close a watch as may be over the affairs of every one of the departments in which his appointees have been placed. The prime minister, is, furthermore, the link between the cabinet and, on the one hand, the crown, and, on the other, Parliament. On behalf of the cabinet he advises with the sovereign, communicating information respecting ministerial acts and synopses of the daily debates in Parliament. In the house of which he is a member he represents (p. 074) the cabinet as a whole, makes such statements as are necessary relative to general aspects of the government's policy, and speaks, as a rule, upon every general or important projected piece of legislation. As a matter of both theory and historical fact, the premier who belongs to the House of Commons is more advantageously situated than one who sits in the Lords.[101]