ment. sede the then existing system, under which the business had been for a time apportioned between a northern and southern district,1 — by a definite and final division of the secretaryinto a home ship of state as a whole into a home department and a foreign and foreign depart- department, to the last of which was assigned the direction of all diplomatic and consular business, while the affairs of Ireland and the colonies remained to the older or home secretary. In 1794, pending hostilities with France, a third principal secretary of state for war was appointed,2 and in March, 1801, the business of the colonies was transferred to that secretary from the home department. In June, 1854, a fourth principal secretary of state for war was appointed, and in that way the third principal secretary was left in charge of colonial affairs only. In September, 1858, upon the abolition of the charter of the East India Company, a fifth principal secretary of state was appointed for the affairs of India. Out of the office of lord high grown the court of admiralty Out of the office of lord high admiral has grown the court of admiralty, to which his judicial functions were assigned,1 admiral has and the admiralty department for the government of the navy, whose control is vested in seven lords represented in the and depart- cabinet by their chief, who is known as the First Lord of government the Admiralty. As the origin of the office of president of of the navy; the Board of Trade has already been given, reference need president only be made to the president of the Local Government Board, of the Local whose office was created in 1871.7 Such then is the origin ment for Govern ment Board; every member of the cabinet and character of the offices usually assigned by a prime minister to those who together with himself constitute the inner circle of the privy council known as the cabinet. It is, therefore, absolutely necessary that every member of the cabinet. councillor; should be a privy councillor; and if he is not such already, he must be a privy and mous; of cabinet the houses; minister is made so immediately after his appointment.1 And here the fact should be emphasized that the terms "cabinet " and "min- “cabinet ” istry" are not synonymous. The last and broader term pro- “ministry" perly includes all the ministers, while the former comprises not synonyonly that smaller circle ranging from thirteen to nineteen, who undertake to carry on the government, and who are required, certainly by the spirit of the constitution, to have seats in one or other of the houses of parliament. For the distribution of distribution cabinet ministers between the two houses the prime minister ministers is responsible; and the proportion to be assigned to each must between of course vary with circumstances. As the office of prime prime minister, like the cabinet itself, over which he presides, is must take utterly unknown to the law, it is necessary for its incumbent, some post recognized who may be either a peer or a commoner, to acquire a legal by law; status by taking to himself some post that the law does recognize. From the fall of Lord Bute in 1762 down to the forma- usually that tion of Lord Salisbury's first administration, it was the settled of the custom for the prime minister to hold the office of first lord of treasury; the treasury, either alone or in connection with the chancellorship of the exchequer. The elder Pitt was, however, for four sometimes years (1757 to 1761) secretary of state; so was Lord Bute secretary during his short administration; and so has been Lord Salis- of state. bury during his three administrations.4 of first lord that of of the legislature; The cabinet in its relations with the legislature may be Relations defined to be a corporate entity, with a definite policy and an cabinet acknowledged chief, which, certainly since the reform bill of with the 1832, has been charged (1) with the duty of initiating and its cardinal carrying through parliament all great and important acts of duties; national legislation; (2) with the control of measures of general interest introduced by private members; and (3) with such a direction of the entire mass of business submitted to the two houses as will best secure and maintain the privileges 1 When a cabinet has been formed, "the London Gazette announces that the queen has been pleased to appoint certain privy councillors to fill certain high offices of state." - Todd, Parl. Government, vol. ii. p. 3. 2 For the best practical illustration of the relation of the terms to each other, see the list of the present ministry of Lord Salisbury in Whitaker's Almanack, 1897. Those who form the cabinet are specially distinguished from 8 It is well settled, however, that a 4 Ibid., p. 280. necessity for unity among its an "open ber bound by every act or of his as the production of the cabinet, the of both. An indispensable condition to success in such a difficult and complex undertaking is unity and coöperation among members; the ministers themselves in the execution of the policy agreed excepting upon by all, and for which all are equally responsible. Except question," in the case of an admitted "open question," the cabinet as a every mem- whole is presumed to have assented to every act or declaration made by any member speaking in its behalf; and it is, theredeclaration fore, expected that the cabinet collectively and individually will colleagues; support every government measure, whether proposed as such in their joint names or by any member in favor of his particular department.1 The programme or policy thus undertaken by cabinet ministers in the name of the crown is first outlined Speech from in the speech from the throne for which they are responsible, the throne and which as their production is subject to all the liberties. is subject to liberties and licenses of debate. Until a very recent period it was always the custom for the sovereign himself to be present at the opening of his great council in order to address to them personally words of congratulation or advice, in addition to the more formal "opening of the cause of the summons," which was assigned to one of the principal ministers, generally the lord chancellor. Since the Revolution, however, there has Revolution been but one address from the throne at the opening of parliament, which is uttered by the king himself when present, or by the lord chancellor by his express command, or in his absence by commissioners appointed by royal authority. matter by whom uttered, it is now the settled practice to consider such speech as a declaration for which the then existing cabinet is responsible. of debate; since the there has been but one address from the throne. Demand of aid and No Generally the most important matter contained in the speech supply for from the throne is the demand presented to the commons by fiscal year; the crown for grants of aid and supply for the service of the 1 For Mr. Gladstone's views, quoted and indorsed by Lord Grey, see Hans. Deb., 3d ser. vol. cxvii. p. 2057. See also Ibid., vol. clxviii. pp. 176, 276, 280, for further views of Mr. Gladstone and Lord Grey, and Todd, Parl. Govern ment, vol. ii. p. 78. 2 Massey, Reign of George III., vol. i. p. 156; Parl. Hist., vol. xxiii. p. 266. The same freedom is also allowed in the debate upon the address. Todd, Parl. Hist., vol. ii. p. 54, and note 5. 8 May's Parl. Practice, pp. 41, 168, 170. As George I. could not speak English, he directed the lord chancellor to read the speech, when he opened parliament in person. Campbell's Lives of the Chancellors, vol. iv. p. 600. On every occasion since 1866, when the present queen has met parliament in person, she has directed the lord chancellor to read the speech for her. estimates; can be voted, proper the throne swered. ments to ately in fiscal year, which is invariably attended by the promise that in promise of due time estimates will be laid before them of the amount required for that period. It is settled constitutional doctrine that no money can be voted by parliament for any purpose no money except upon the demand and upon the responsibility of cabinet ministers. "Thus the crown demands money, the commons except upon grant it, and the lords assent to the grant; but the commons demand; do not vote money unless they be required by the crown; nor do they impose or augment taxes, unless such taxation be necessary for the public service, as declared by the crown through its constitutional advisers."1 As soon as the speech how the from the throne is read, an address in answer thereto is moved speech from in each house at the instance of the administration, which, since is anthe session of 1890-91, has taken the form of a single resolution expressing the thanks of each house to the sovereign for the gracious speech addressed to both. Amendments to the ad- amenddress are immediately in order, and public business is carried on the address while such proceedings are still undisposed of. To hasten the immediprogress of financial measures the commons have adopted a order; standing order, "That this house will, in future, appoint the when committees of supply, and ways and means, at the commence- of supply, ment of every session, so soon as an address has been agreed and ways to in answer to Her Majesty's speech." The ordinary ses- appointed; ordinary sional estimates are presented in three parts, comprising the sessional three branches of the public service, the army, navy, and estimates civil services; and, under the resolution agreed to by the house in three on February 19, 1821, "whenever parliament shall assemble when they before Christmas, the estimates for the navy, army, and ordi- should be nance departments should be presented before January 15, then next following, if parliament be then sitting; and that such estimates should be presented within ten days after the opening of the committee of supply, when parliament shall not be assembled until after Christmas." Upon these and all other these and estimates of expenditure for the current year, it is the duty of estimates the committee of supply to pass in the first instance, and in passed on by comthe hope that the vote of that committee would be taken mittee of supply; upon the bulk of them in the earlier part of each session, the financial financial year was made to close on the 31st of March, and to year ends begin on the 1st of April. But as that hope is seldom realized, March; 1 May, Parl. Practice, p. 515. committees and means presented parts; presented; all other 31st of committee of ways to which chancellor of exchequer addresses financial statement called "The Budget;" it is continually necessary to demand a vote on account during the first quarter of each year, in order to keep the machinery duty of the of government in motion. It is the duty of the committee of ways and means to provide by taxation the income necessary and means; to meet the expenditures approved by the committee of supply, and to vote the resolutions that authorize the payment out of the Consolidated Fund of the grants thus made. As the consideration of the taxes for the current year thus devolves upon the committee of ways and means, it is to that committee that the chancellor of the exchequer generally addresses the financial statement called "The Budget," "when the minister has completed his estimate of the probable income and expenditure for the ensuing financial year, and usually after some progress has been obtained in voting the grants for the army and navy and other public services. In that statement the chancellor of the exchequer develops his views of the resources of the country, communicates his calculations of probable income and expenditure, and declares whether the burdens upon the people are to be increased or diminished."1 The proceeds of the various duties and taxes thus imposed, which originally conthe Constituted separate funds, have been concentrated by law into a single fund, called the "Consolidated Fund," that finds its all moneys way into the Bank of England as explained already. Not a penny of the money thus concentrated in the national depository can be legally disbursed except under the authority of permanent appropriation acts, either permanent or annual. By virtue of ation acts, permanent acts are paid out the sums necessary for interest or through on the national debt; the civil list; annuities to the royal family and pensions; courts of justice; salaries and allowances of certain independent officers, and for certain other miscellaneous services. The Annual Appropriation Act, which is not brought in until all the supply grants have been voted, is therefore limited in its operation to those supplies not otherwise appropriated by the permanent acts. It is the last word spoken that closes by the committee of ways and means, that concludes the financial arrangements of the year through the authorization given ness of the for the payment of the remaining sums due from the Consolidated Fund. origin of solidated Fund;" disbursed through appropri an annual appropriation act the financial busi year. To the general rule that forbids the imposition of taxes, 1 May, Parl. Practice, p. 555. See also, pp. 170, 171, 516, 517, 560, 563, 588. |