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by Parliament for the purpose, the undertakings of any existing telegraph company whose shareholders may consent to such sale and transfer.

The Bill of 1868 was referred to a select committee, who took evidence thereon, and reported it with amendments, and with an opinion that it is not desirable that the transmission of messages for the public should become a legal monopoly in the Post Office.' Also, that the postmaster-general, with the consent of the Treasury, should be empowered to make special agreements for the transmission of certain classes of messages at reduced rates, but that the House of Commons shall be duly informed of the same; and furthermore, recommendations in regard to the acquisition and working of submarine cables, &c."

It was at first decided that no exclusive privilege in the transmission of public telegraphic messages should be given to the Post Office department. But it was ultimately deemed expedient to confer this power upon the postmaster-general.

The change has led to an enormous increase in telegraphic communication throughout the United Kingdom. And at the same time it has been attended with great advantages to the State, as well as to the public at large, by establishing a cheaper, more widely extended, and more expeditious system of telegraphy, and also by strengthening the means of defence against hostility from without, and aiding in the maintenance of law and order within the realm. Nevertheless, the new system, as at present administered, does not pay the expense of working and interest, and although the number of messages increased enormously each year after its adoption, so did the expenses far exceed the receipts." While the

▾ Com. Pap. 1867-8, v. 41. See Mr. Scudamore's Rep. on reorganisation of telegraph system, Com. Pap. 1871, v. 37, p. 703; Rep. Postmaster-Genl. in 1873 and 1875; Rep. Treasury Com. 17 July, 1875; the Postmaster-General's strictures on this Rep. Com. Pap. 1876, v. 42, p. 371. A committee on the organ

isation and financial system' reported. Com. Pap. 1876, v. 13, p. 1. For changes made in Telegraph Dpt. in consequence of recommendations of this Com. see Com. Pap. 1877, v. 49, p. 373 and p. 389. For financial results of PO. Telegraphs, see Fort. Rev (N.S.) v. 18, p. 826; Ed. Rev. v. 143, p. 177.

Employés.

Secretary

number of messages forwarded by telegraph offices in England, Wales, Scotland and Ireland in 1870–71 were 9,850,177, they increased in 1886-7 to 50,243,639.* Yet the deficit in 1887 in this branch of the service was 469,8407.

The postmaster-general receives a salary of 2,500l. a year. The department is under the control of a secretary, whose salary rises from 1,500l. to 2,000l. a year; with a financial secretary (1,5007.), and two assistant secretaries (1,2007.-1,4007.). The number of clerks in the central offices in London, Dublin, and Edinburgh amounted in 1887 to over seven hundred. The savings banks and government annuities branches of the Post Office department are self-supporting. There is a separate staff to carry out the Post Office telegraph system. The vote for this service, including the central office, London, for the year ending March 31, 1888-9, amounted to 670,9051.

THE SECRETARIAT OF STATE.

The origin of the office of secretary of state, or, as of state. it was formerly styled, king's secretary, is difficult to

trace. From the researches of Sir Harris Nicolas we may infer that the ancient English monarchs, like those of other countries, were always attended by a learned ecclesiastic, known at first as their 'clerk,' and afterwards as secretary,' whose duty it was to conduct the king's correspondence, and to convey his commands in writing to the high officers of state, when they were not personally communicated by the mouth of the sovereign. These functionaries were not, however, in any sense regarded as secretaries of state, nor were they styled such, in England, until the end of Queen Elizabeth's reign; after which the term was generally employed to Civ. Serv. Est. 1877-8, p. 531,

p. 34.

Postmast.-Genl's. Report, 1887,

y Ib. p. 8.

&c.

designate the king's secretary. Moreover, unless they had a seat in the Privy Council, they were never accounted responsible for the measures of government."

Until the middle of the reign of Henry VIII., the king's secretary appears always to have been a priest. After a few years' service, he was usually promoted to a bishopric, or to some other lucrative post. He was not ordinarily a member of the Privy Council until the time of Henry VI., but when admitted to this distinction, although he shared the responsibilities of other councillors, he was otherwise nothing more than an executive officer, answerable only to his sovereign for the performance of his duties, which entailed upon him no constitutional responsibility, and required nothing more than a faithful and implicit obedience to the king's commands.b

and

bilities of

this office

The secretary's office became gradually more im- Duties portant from this period, but it was not until after the responsiRevolution of 1688, when the direction of public affairs passed from the Privy Council to the cabinet, that the secretary of state began to assume those high duties and responsibilities which have rendered his office one of the most important and influential in the government, and his authority to use the name of the sovereign such as can be questioned by none but the sovereign himself. With this accession of dignity and authority, he became directly answerable to Parliament for the constitutional and judicious exercise of the prerogatives of the crown."

The principal secretaries of state have the sole control of the business of their respective offices, and are entirely responsible for all affairs of State transacted therein; subject, of course, to the general superintendence of the cabinet council.d

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As high officers of State, acting in the name and on

Nicolas, Pro. of Privy Council,

v. 6, pp. xcvii. cxxix.

b Ib. pp. cxxxii.-cxxxiv.

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e Ib. p. cxxxvi; Clode, Mil. For- 1865, v. 6.

Secretaries of state.

behalf of the crown, they possess great, if not undefinable powers, in addition to those which they derive from the statute or common law. In cases that involve the liberty of the subject, a secretary of state has a right to act in a magisterial capacity. The proper safeguard against the abuse of these enormous powers is to be found in the protection afforded to the subject from all illegal acts, by whomsoever committed, by the courts of law; as well as in the responsibility for every act of administration to the high court of Parliament."

The number of secretaries of state has varied from time to time, with the exigencies of the public service. Up to the reign of Henry VIII., it was customary to have but one secretary. But in the latter part of this reign, a second principal secretary was appointed, with co-ordinate powers and duties. Thenceforth, with some exceptions, it became usual to appoint two secretaries of state, until after the union with Scotland, when, as will be presently noticed, the number was again increased. There are now five principal secretaries of state, viz. :— the home, the foreign, and the colonial secretaries, and the secretaries for war and for India. Constitutionally considered, however, there is but one secretary of state. The office may be said to be in commission, as its division into separate departments is merely by conventional agreement. Whatever Whatever may be their number, the principal secretaries of state really constitute but one officer, and capable of being changed by the sovereign, each being co-equal and co-ordinate with his colleagues, if need be, with the transaction of business appertaining to all or either of them; though each has a department which is ordinarily assigned to his particular care. They take formal precedence according to the date of the creation of their respective offices."

See cases cited defining and restraining the authority of a secretary of state, in Broom's Const. Law, pp. 525-617, 726, n. 727; see also,

Nicolas, Pro. of Privy Council, v. 6, p. cxxxvii.

See ante, vol. 1, p. 493. 8 Pro. of Privy Coun. v. 6, pp.

h

The secretaries of state are the only authorised channels whereby the royal pleasure is signified to any part of the body politic, whether at home or abroad; and either of them may be empowered to convey the Queen's commands, at any time, to any person." The counter-signature of a secretary of state is necessary to give validity to the sign-manual. It is under this safeguard that the patronage of the crown is administered, and every official act of the crown performed. Thus, while the personal immunity of the sovereign is secured, a responsible adviser for every act is provided, who must be prepared to answer for what the crown has done.1

appoint

ment.

A secretary of state is appointed directly by the Mode of crown, and is removable at the royal pleasure: but while he holds the seals of his office he is responsible for the acts of his sovereign, and administers the royal authority and prerogative which are delegated to him without reserve. In time of war, or in cases of emergency, the secretaries of state exercise a power direct from the crown, even over their colleagues in the administration. Thus, Lord Chatham, when secretary of state, is said to have required the first lord of the admiralty to sign instructions which he did not allow him to read. Both military and naval commanders, during the Peninsular campaigns, corresponded direct with the secretary of state. And more recently, Mr. Sidney Herbert, when secretary at war and a cabinet minister, was overruled and controlled, in a matter within his own department, by a written order from a secretary of state. But the secretary at war was not then a secretary of state.

cviii. cxxiii. cxxx. cxxxix.; Rep. Come. Diplom. Service, p. 520, Com. Pap. 1870, v. 7; Hans. D. v. 230, p. 1781. Rep. Com. on Foreign Trade, Evid. 1933, Com. Pap. 1864, v. 7. Rep. Com. on Organisation of VOL. II.

i

the Army, pp. vi. vii. Evid. p. 32,
Com. Pap. 1860, v. 7; Sir R. Peel
in Mir. of Parl. 1829, p. 806. And
see ante, vol. 1, pp. 267-269.

* Rep. on Org. of Army, pp. 396,
447, Com. Pap. 1860, v. 7.

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