ensure the presence in the House of Commons of confidential officers empowered to represent therein leading departments of state, and who in the absence of ministers specially charged with and responsible for the same, may be entrusted with the conduct of public business in relation thereto. In 1867, Parliament consented to abolish the office of Vice-President of the Board of Trade, and to substitute a parliamentary secretary in lieu thereof, for the express purpose of getting rid of an office which necessitated the re-election of any member upon whom it might be conferred, and replacing it by an office which, by analogy with corresponding situations of a similar grade, should not entail any such obligation.' number only may sit in the But inasmuch as the law allows but four out of the A limited five principal Secretaries of State to sit in the House of Commons at any one time, so it has been decided that a similar number only of Under-Secretaries may sit therein Commons together. During the interval between April 28, 1863, and April 18, 1864, it happened, through inadvertence, that five Under-Secretaries continued to sit and vote as members of the House of Commons. On the last-named day, the attention of the House was directed to this circumstance by Mr. Disraeli, and it was resolved, that the provisions of the statute applicable thereto had been violated. Whereupon a committee was appointed to enquire,' whether the Under-Secretary who had been last appointed to that office had thereby vacated his seat.' The committee reported their opinion. that, inasmuch as the prohibitory enactment was couched in general terms, and did not specify any particular officer as being disqualified to sit in Parliament; and as it did not positively declare the seat, under such circumstances, to be void, but merely forbad an additional Under-Secretary to 'sit and vote,' the seat of the last appointed Under-Secretary was not vacated. Nevertheless, it was deemed advisable to pass an Act of Indemnity, to absolve the parties concerned from the penal consequences of this oversight. Ibid. vol. clxxxvii. p. 475; Stat. 30 & 31 Vict. c. 72. And by the Act 10 & 11 Vict. c. 109, sec. 9, one of the two Secretaries of the Poor Law VOL. II. Board is permitted to sit in the House *See 2 Hatsell, 64 n.; Acts 18 & 19 House of together. And the Government remedied their mistake by conferring the fifth under-secretaryship upon a member of the House of Lords.1 From the proceedings taken in the foregoing case, we learn that while every facility is afforded to the efficient working of parliamentary government by the permission which is given to the political chiefs and their immediate subordinates, in every public department, holding office upon a similar tenure, to sit in the House of Commonsthe House is extremely jealous of the introduction of any other civil servants of the crown within its precincts. Why per- The same statute that sanctions the presence in the House of certain under-secretaries, expressly declares all other deputies or clerks,' in the offices therein named, to be incapable of being elected, or of sitting and voting in that assembly. And even when there is no direct statutable disqualification, constitutional practice requires that a member of the House of Commons who accepts a permanent and non-political office under government, shall vacate his seat in Parliament." manent civil officers are excluded from the House. m There are sound constitutional reasons for the exclusion of all non-political servants of the crown (excepting of course officers in the army or navy, who are exempted from disqualification by the 28th section of the Statute of Anne) from the House of Commons. Strictly subordinate, and accountable for their conduct, to the minister of state who is charged with the oversight of the department to which they belong-and who is exclusively re 1 Hans. Deb. vol. clxxiv. pp. 1218, 1756; Act 27 & 28 Vict. c. 21. Until of late years, it has been very unusual for a peer to hold the subordinate office of Under-Secretary of State. (See Corresp. Will. IV. with Earl Grey, vol. ii. pp. 340, 344.) But it has occurred several times in recent administrations, and is likely to become a common practice, as a larger number of cabinet ministers are absorbed by the House of Commons. It affords, moreover, an admirable training for higher official work. m 15 Geo. II. c. 22. n Case of Mr. Phinn, Hans. Deb. vol. cxxxviii. p. 1187. And see ante, p. 240; and vol. i. p. 377. • An exception which constructively includes several descriptions of military appointments. (See May, Parl. Pract. ed. 1863, p. 591.) Mere promotion does not disqualify; but a commission given to a civilian avoids the seat, except in certain cases expressly exempted by law. See Rogers, Elections, pp. 205-207. sponsible to Parliament for the administration of the same -the presence, in either House, of a permanent officer of any branch of the public service-who might possibly differ in politics with his responsible chief-would be found highly inconvenient, and might lead to unseemly and injurious collisions." Besides the injury to free deliberation in Parliament from the presence therein of persons who would be exposed to peculiar hindrances in the discharge of their legislative duties, their ineligibility serves to increase their efficiency as departmental officers. A reputation for impartiality, honesty of purpose, high sense of duty, and fidelity to their political chief for the time being, is, we are assured, eminently characteristic of the whole body of public servants in Great Britain. It is their possession of these qualities that begets a just confidence on the part of a minister of state in the subordinate officers upon whom he must greatly depend. And nothing could be more adverse to the continuance of such esteem than to permit an officer to occupy a position where a conscientious expression of his opinions might bring him into collision with the government of the day, or with political opponents, or partisans on either side." for House of Com mons. We must now direct our attention to the terms of the Law of existing law affecting the eligibility of persons holding eligibility office under the crown to sit in the House of Commons. We have already reviewed the circumstances under which Parliament, after many unsuccessful efforts, succeeded, in the reign of Queen Anne, in limiting the number of office-holders who should be capable of sitting in the House of Commons; and finally, by subsequent legislation, in ridding the House of all placemen who are not required, either directly or indirectly, to assist in P See ante, p. 174. Mr. Gladstone, Hans. Deb. vol. elxxxii. p. 1862. And see post, p. 613. See ante, p. 175. See Mirror of Parl. 1839, pp. 3939, 3942; Hans. Deb. vol. cli. pp. 788, 1583. carrying on the Queen's Government, or whose presence cannot be justified upon grounds of public policy.* The Statute of Anne," it will be remembered, established two important principles, which have remained substantially unchanged to this day. Firstly, that the acceptance by a member of the House of Commons of an office of profit from the crown, shall thereby vacate his seat. Ministers Secondly, that such person may, nevertheless, be reaccepting elected, provided his office be one that is not declared expressly (by this or any other statute) to be incompatible with a seat in the House of Commons. office must be reelected. In regard to the first of these principles, it should be observed that this statute is invariably construed very strictly. Thus, the acceptance of an office from the crown, accompanied by a formal renunciation of any salary, fee, or emolument in connection therewith, does not disqualify. W The disqualification, however, attaches immediately upon accepting an office of profit' under the statute." So that the subsequent resignation of such an office (before the meeting of Parliament), and the refusal to accept of any salary until the question of disqualification arising out of the same shall have been determined, will not save the seat. x But where the remuneration is by fees and not by salary, and the disqualifying office was relinquished before the performance of any duties, or the receipt of any fees -though held for a period of three months-it was not considered to vacate the seat." Moreover, it has not been the practice to consider the casual employment of members of the House of Commons upon royal commissions, or on special services, &c.— which are not regular offices,' and to which no stated See ante, p. 91. u 6 Anne, c. 7, secs. 25, 26. As to what constitutes a dis qualifying acceptance, see post, p. 278. Case of Mr. D. W. Harvey, Mirror of Parl. 1839, pp. 81, 275. y Case of Mr. Pryme, ibid. 1833, pp. 3779-3785. salary is attached-as coming within the disqualifying operation of the statute; even when remuneration is received for such services. The second principle which was initiated by the Statute of Anne, and ratified and extended by subsequent legislation, provides for the positive exclusion from the House of Commons of all placemen not required therein. By the 25th section of the Statute of Anne this exclusion Exclusion of all un was directly applied to the incumbents of all new offices' necessary to be created after October 25, 1705, as well as to cer- officials. tain other offices therein enumerated. There remained, however, a numerous class of officials, holding 'old offices' under the crown, who were still eligible to be elected to Parliament. But their exclusion was gradually effected by various statutes subsequently passed. So that, as a general rule, no government office-holders are now competent to sit in the House of Commons but such as have a representative character in connection with a particular branch of the public service. It is true that there are certain dignified and non-political offices to which the principle of exclusion has not yet been applied, and which it is contended ought not, on public grounds, to disqualify for a seat in that assembly. But these privileged exceptions are the mere relics of a byegone age, are very few in number, and are being gradually abolished. In proof of these statements it will be necessary to take a brief survey of the actual results of parliamentary action upon this subject, since the Statute of Anne. The twelve judges of England, though holding Judges. offices which were in existence long anterior to the Statute of Anne, and not expressly disqualified by any act of Parliament, are excluded from the House of Commons by ancient usage, on account of their receiving * Mirr. of Parl. 1840, pp. 4541-4550. And see Campbell's Chancellors, vol.v. p. 183 n.; Mr. Cobden's case, Hans. Deb. vol. clviii. p. 690; and Mr. Gladstone's case, in 1858, ante, vol. i. p. 380 note (y); and Commons For these statutes and the deci- |