Its deliberations secret. The deliberations of the cabinet upon all matters which engage their attention are strictly private and confidential; being kept secret even from the other members of the administration, who have no seat in the cabinet, and who therefore are not directly responsible for the conduct of the government. Upon their first introduction into the Privy Council, ministers are invariably sworn to secrecy. Hence they are not at liberty, thenceforth, to divulge conversations or proceedings in council-or to reveal to others any confidential communications they may have had, either with the sovereign or with a colleague in office-without express permission from the crown." This applies equally to those who have ceased to form part of an administration, as to members of an existing government.1 No secretary or clerk is permitted to be present at meetings of the cabinet council; neither is any official record kept of its proceedings. The decisions of the cabinet are either embodied in formal minutes, to be submitted to the sovereign, or else are carried into Also Ib. v. 169, p. 1393. As re- See ante, p. 83. h Wellington Desp. 3rd. s. v. 4, p. 212. Duke of Somerset on Monarchy and Democracy, p. 169. Mir. of Parl. 1831-2, p. 2069. See observations in Parliament upon a letter from the lord-lieutenant of Ireland (Marquess of Anglesey) to the prime minister (Earl Grey) pointing out, for information of the cabinet, views entertained by his lordship in regard to Ireland; which letter was read in the House of Commons by Mr. Hume and other members. The unauthorised publication of this letter was stigmatised as a most foul and scandalous breach of confidence.' Ib. 1834, pp. 1373, 1375, 1430, 1446. Ib. 1834, p. 2645. J Mr. Gladstone, North Am. Rev. v. 127, p. 207. There is a conventional understanding that no notes are to be taken of what passes in the cabinet, or if taken that they should be kept secret until the generation concerned therein shall have passed away. Quar. Rev. v. 129, p. 330. H. Reeve, in Ency. Brit. 9th ed. v. 4, p. 620. Ed. Rev. v. 153, p. 390, &c. effect by the personal directions of the individual ministers, to whose departments they may particularly apply. of the cabinet, Mere decisions of the cabinet, unless followed up Decisions by some formal order or declaration of the Queen in Council, or by a treasury minute, or other authoritative official act, are necessarily of an ephemeral character; having a present efficacy so far as concerns the matter in hand, but carrying with them no permanent authority. It is an important feature in the executive government of this country, that there is no department which is supreme over all the other departments. It is quite true that the first lord of the treasury is the head of the cabinet, and the cabinet can give any order, which it would be the duty of the departments to obey; but it is not at all true that that order would become part of our executive or administrative system. On the contrary, it dies with the cabinet that gave it birth; and it would be for the government which followed it to revive it or not as they might think fit.'* ried out. If any authoritative action on the part of the crown how carshould be required, in order to give effect to a decision of the cabinet, it would be the duty of the prime minister to advise a meeting of the Privy Council to be summoned, from whence orders in council, proclamations, or other official notifications might proceed. All commands of the sovereign, whether emanating from the Privy Council or issued upon the advice of a responsible minister, should be transmitted to the officer or department of state charged with giving effect to the same by a secretary of state, or other responsible minister.1 Apart from the adoption of any formal minutes, the * Mr. Gladstone, Hans. D. v. 166, p. 1847. Mr. Lowe, Ib. v. 217, p. 1369. See his evidence before Com. on Civ. Serv. Exp. 3rd Rep. VOL. II. pp. 234, 243. Com. Pap. 1873, v. 7. 1 Hans. D. v. 140, p. 1047. Clode, R Minis terial dums. extent to which documentary evidence may exist in regard to matters which have at any time undergone discussion at cabinet meetings, depends in a great measure upon accidental circumstances. When there is an opportunity for frequent personal intercourse amongst those who take a prominent part in cabinet councils, it may happen that little or nothing is committed to writing at the time." But it was the usual memoran- practice with Sir Robert Peel (following the example of the Duke of Wellington) to bring before his colleagues his opinions in regard to great public questions, upon which he desired to have a decision of the cabinet, by means of written memorandums. These papers were generally read by himself at a meeting of the cabinet, and afterwards sent in circulation amongst the members of the government. The best opportunity was thus afforded for a mature consideration of statements made, and of arguments adduced, in support of measures proposed for consideration, and the most effectual precaution taken against misconstruction, and hasty, inconsiderate decision.'n A similar practice is followed, not only by prime ministers, but by subordinate members of the cabinet, who are desirous of calling the attention of their colleagues to important matters that require careful statement or explanation: or who may wish to comment upon the policy pursued by a colleague in affairs appertaining to his own department. Such papers are circulated amongst ministers by means of 'cabinet despatch boxes,' to which every cabinet minister possesses a master-key." relations As regards the internal relations of the cabinet, Internal while each minister is an adviser of the crown, the of the cabinet is a unity, and none of its members can advise cabinet. as an individual, without, or in opposition actual or presumed to his colleagues. But the business of the state is vastly too great in volume to allow of the actual passing of the whole under the view of the collected ministry. It is, therefore, a prime office of discretion for each minister to settle what are the departmental acts in which he can presume the concurrence of his colleagues, and in what more delicate, or weighty, or peculiar cases he must positively ascertain it.q ministers invited to meeting of Sometimes a member of the administration, being a Other privy councillor, but without a seat in the cabinet, is called upon to attend a meeting of the cabinet, in order attend a that he may express his views upon some question which the intimately concerns his own department. Thus, Lord cabinet. Castlereagh, when chief secretary to the lord-lieutenant of Ireland, was invited to confer with ministers upon Irish questions, in September 1800, and again early in the following year." And when points of law are likely to arise the law officers are usually invited to attend at the deliberations of the cabinet. If the occasion be one of peculiar gravity and importance, a summons should be issued by the proper officer directing certain persons to attend a committee of the Privy Council, for certain specified purposes; which committee should consist of the cabinet ministers and the other privy councillors whose attendance is required. The report of this committee should be made to the sovereign in council. But when a mere informal interview is sought by cabinet ministers with a colleague in office, he would The prime simply be asked to be present at a sitting of the cabinet. In 1848, when Chartist riots were apprehended in London, the Duke of Wellington (then commander-inchief) was summoned by Lord John Russell to attend. a cabinet council upon this emergency." Unless some arrangement of this kind be adopted, a department presided over by a minister who is not of the cabinet. is unable to take the opinion of the cabinet upon any matter, except by means of a written memorandum, to be presented to his colleagues in council by the home. secretary; a proceeding which does not always obtain for the question a full and satisfactory consideration.▾ The position of the prime minister towards the cabinet is peculiar. Although he is the head of the administration, and necessarily its most important and influential member, yet he meets all his colleagues in council upon a footing of perfect equality. At meetings of the cabinet, the only one who has precedence over his fellows is, in fact, the president of the Council. But inasmuch as the entire responsibility for the government devolves on the first minister of the crown, he naturally must possess a degree of weight and authority in council which is not shared by any other member. Ordinarily questions may be put to the vote, and decided by a majority adverse to the opinion of the prime minister." But, if he chooses, he may insist upon the cabinet deciding in any matter in accordance with his own particular views; otherwise he has the power, by his own resignation of office, to dissolve the ministry.* Differences of opinion will naturally and unavoidably |