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The Seals.

Patent of office.

A secretary of state receives his investiture by the delivery of the seals of office from the hand of the sovereign in council, and the appointment is formally terminated by the return of the seals into the sovereign's hands. Upon the delivery of the seals, although he may not have received a patent, a secretary of state becomes invested with the full enjoyment and exercise of all his powers.

The seals are three in number, namely, the signet, which contains the royal arms and supporters; another seal of a smaller size, having an escutcheon of the king's arms only; and a still smaller seal, called the cachet, which is similarly engraved. Either the signet or the second seal above mentioned, according to circumstances, is affixed to the instruments which receive the royal signature. The cachet is only used for sealing the king's (or queen's) letters to sovereign princes.

m

It has been the general practice, however, since the year 1578, at least, to issue letters patent of appointment, during pleasure; but in the frequent changes of office, of late years, this has sometimes been dispensed with. But the attention of Parliament having been directed to this irregularity, it has been decided that hereafter the necessity for taking out a patent will be strictly maintained. The patent is couched in general terms, conferring the office without limitation of powers. There is a fee of 2001. payable upon the receipt of the patent, which payment has been recently enforced by order of the chancellor of the exchequer." Upon the creation of the office of secretary of state for war, in 1855, a supplementary patent was issued containing certain special reservations in the powers granted to that functionary; the constitutional question arising out of which will

1 Pro. Privy Council, v. 6, p. ccxviii.; Stat. 14 & 15 Vict. c. 82. By the Act 40 & 41 Vict. c. 41, the use of a wafer great seal, and a wafer privy seal, is authorised in certain cases.

m

Ib. p. cxxxix. ; Hans. D. v. 141,

pp. 1105, 1247; 1b. v. 142, p. 620; Ib. v. 143, p. 1426.

n Ib. v. 153, pp. 1300, 1808, 1828. For form of patent and of oath of office, see Clode, Mil. Forces, v. 2, pp. 728, 730.

come under review when we are considering the belonging to this department of the secretariat.

powers

sovereign,

The secretaries of state were formerly resident in the To attend royal household, and continue to be in personal attend- on the ance upon the sovereign on all public ceremonies and &c. state occasions. One is always in attendance upon the Queen during her occasional visits to various parts of the kingdom; and it is a rule that one must always be present in the metropolis.o

in Parlia

ment.

The secretaries of state are invariably members of Presence the privy council, and have always a seat in the cabinet. As cabinet ministers it is necessary that they should sit in one or other of the Houses of Parliament.

Pursuant to the statute of Anne," two only of the principal secretaries of state (and two under-secretaries) were at liberty to sit at any one time in the House of Commons. This was the actual number of secretaries of state at that time. But in 1708, Queen Anne herself, in consequence of the increase of public business consequent upon the union with Scotland, appointed a third secretary. On a vacancy occurring in this office in 1746, the third secretaryship was dispensed with. This continued until 1768, when the increase of colonial business rendered it again necessary to appoint a third secretary, to take charge of the same. But in 1782, upon the recommendation of Edmund Burke, and as a measure of economical reform, the office of third secretary of state was abolished by the Act 22 Geo. III. c. 82, and the charge of the colonies transferred to the home secretary. In 1794, owing to the increase of military correspondence, consequent upon the war with France, it became

Rep. on Off. Sal. Evid. 1237, Com. Pap. 1850, v. 15; Macaulay, Hist. of Eng. v. 4, p. 9.

P Chap. 7, sec. 25, as construed in connection with the Act 22 Geo. III. c. 82, abolishing the third secretaryship of state, and declaring that if the

same should be afterwards revived,
it should be deemed a new office,'
rendering the incumbent thereof in-
eligible to a seat in the House of
Commons.

9 Cox. Inst. P. 665.

Salary.

Under

secretaries of state.

necessary, once more, to appoint a third secretary, for war. And in 1801, the charge of the colonies was added to this department.

On December 30, 1794, a point of order was raised in the House of Commons to the effect that the presence therein of Mr. Secretary Dundas, the secretary for the new department of war, was contrary to the statute of Anne above mentioned. To this it was replied that inasmuch as Mr. Dundas had been home secretary before the charge of the War Department was assigned to him, the Duke of Portland, the new home secretary, must be considered as the 'third secretary' under the statute: but that as his grace sat in the House of Lords, the statute had not been violated. On November 7, 1797, the objection was again raised upon a formal motion. But it was opposed by Mr. Pitt on the same grounds as before, and was negatived on a division. Since this time it has been the practice that one, at least, of the principal secretaries of state should be a member of the House of Lords.

In 1854, upon the creation of a fourth secretaryship of state, for the exclusive charge of the War Department, it was necessary to pass an Act of Parliament to enable a third secretary of state, and a third under-secretary, to sit in the House of Commons. So also, upon the creation of a fifth secretaryship, for India, in 1858, it became necessary for an Act to be passed authorising any four of the principal secretaries of state, and undersecretaries, to hold seats in that House."

Every principal secretary of state receives a salary of 5,000l. per annum.

The Under-Secretaries of State.

There is attached to each branch of the secretariat a permanent under-secretary, with a salary of 2,000l. a year, and a parliamentary, or political under-secretary, with a salary of 1,500l. a year."

Parl. Hist. v. 31, p. 1003.
Ib. v. 33, pp. 977.
18 & 19 Vict. c. 10.

21 & 22 Vict. c. 106, sec. 4. In
1864, a question of order arose in the
House of Commons, in consequence

of five under-secretaries of state holding seats in the House together. The particulars of this case have been already noted. See ante, p. 318.

▾ See Civ. Serv. Est. for 1888-9, Class II.

Pursuant to a minute made by Mr. Canning in 1824, the permanent under-secretary of foreign affairs received an additional sum of 500l. a year for his labours in connection with the administration of the secret service fund of the foreign department. Upon the retirement of Mr. Hammond, in 1873, this amount was reduced to 3001. a year."

These officers are appointed by the joint action of the head of the department, and the prime minister. The secretary would probably consider that the premier was responsible for the general conduct of public affairs, and would be ready to acquiesce in the appointment of any capable person suggested by him, while he might himself recommend some one in whom he had particular confidence.

under

The political under-secretary strictly should take Political precedence over his colleague in office, being directly secretary. associated with the political or governing element: has the general supervision of all that is done in the department, but is unable to devote much time to the details of ordinary official business, on account of the engrossing nature of his parliamentary duties. He is required to represent his department in Parliament; and if the principal secretary of state be a member of the House of Lords, he should have a seat in the House of Commons. Political under-secretaries are also frequently called upon to represent either their own department, or the government generally, upon parliamentary com

mittees.

All matters relating to the discipline of the office devolve upon the permanent under-secretary, and the whole of the work passes through his hands.

Every branch of the secretariat, with the exception of the home department, has a permanent assistant

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Permanent undersecretaries.

under-secretary, who shares the labours of his superior, and superintends the business of the office, during his unavoidable absence. These assistants receive, each of them, 1,500l. per annum.

The permanent heads of departments have to write the drafts of despatches. If a despatch arrives which adverts to former correspondence, they are required to refer to the same, and to prepare a minute of the subjects which particularly require attention, suggesting the course that ought to be taken in the matter. This minute is first submitted to the permanent under-secretary, then to the parliamentary under-secretary, and then to the secretary of state. All ordinary business is expected to reach the secretary of state in such a form that he can dispose of it by simply adding his initials.a

The permanent under-secretaries of the great departments of state are empowered in all official correspondence to make use of the name of the department, as they would a common seal. They do so upon their own responsibility; and if they abuse or misuse their trust, an appeal can be made to the chief, who is really as responsible to the crown and to Parliament for the act of his subordinate as if he had signed the document himself. Thus, in the Treasury, the Admiralty, or the Education Office, the secretary would write in the name of My Lords,' and in any branch of the secretariat, in the name of the particular secretary of state, although practically the communication would emanate from the under-secretary himself. Considering the immense amount of business which passes through the principal public departments, such an arrangement is unavoidable, as it would be impossible to submit the correspondence, in every instance, to the official head. But in every doubtful or difficult case, the head

6

a Rep. Off. Sal. Evid. 1548, &c. Com. Pap. 1850, v. 15.

b See Hans. D. v. 192, p. 1825; ante, p. 215.

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