Distribution of patronage. cordial agreement between all the chief ministers of state, as would naturally induce them to confer together in regard to every important appointment. In other words, no such appointment should be made, by any departmental head, without previous communication with the Prime Minister; who, for his own part, should not directly make any appointment, except it be a recognised part of his patronage. All other appointments should be officially made by the minister presiding over the department; though not without previous consultation with the Prime Minister, in the case of all important appointments. The general rule in regard to appointments to office, by the Prime Minister, and by his colleagues in the government, has been thus stated :-In a department which is presided over by a political head, all appointments that are not of special importance are usually in the gift of the head of the department. Where there is no political head, appointments are usually conferred by the Prime Minister, acting through one of the parliamentary Secretaries to the Treasury, who is commonly known as the patronage secretary. The nominations or appointments in the Inland Revenue and Customs departments, are made in this manner. With regard to the Post-office, which is under a political head, but yet is a revenue department, and therefore subordinate to the Treasury, a portion of the officers receive their appointments from the PostmasterGeneral, and the remainder are nominated by the Secretary to the Treasury. In the case of the more important с Rep. on Off. Sal. 1850. Evid. 278, 288. Mr. Pitt, however, insisted on the appointment of Sir Pepper Arden, as Master of the Rolls, notwithstanding the known aversion of Lord Chancellor Thurlow to the man, saying, 'Pepper, you shall have the office; and as to Thurlow, I may just as well quarrel on that as any other subject with him.' (Campbell's Chancellors, v. 602.) Upon another occasion, when the Prime Minister attempted to interfere with Lord Chancellor Eldon's patronage in filling up a vacancy on the bench, his lordship appealed to the king, respectfully claimed the right of recommendation, and concluded by tendering his own resignation. This act of firmness had the desired effect of inducing the Prime Minister to give way, and to permit the Chancellor's nominee to be appointed.—Ibid. vii. 654. a See post, p. 485. offices under the crown; as for example that of GovernorGeneral of India; the Prime Minister would have at least as much influence in the choice as the secretary or other functionary in whose department the formal appointment might be. At the same time, the Prime Minister is so much engrossed with his own duties, that he would ordinarily be glad to leave to the departmental chief the privilege of making all appointments, excepting such as would materially influence the conduct of public affairs. e patronage The Prime Minister himself, as we have seen, virtually Special selects all his colleagues in the ministry. And it is upon of Prime his recommendation that new peers are created; and Minister. other distinguished honours conferred by the crown, excepting in certain cases, hereafter to be noticed, where honours are bestowed upon the recommendation of a secretary of state. He also recommends to the sovereign all appointments among the archbishops, bishops and deans of the Established Church; and to all the church livings belonging to the crown which are not in the gift of the Lord Chancellor. These benefices are about 120 in number, and are principally valuable livings. Contrary to the practice in regard to the smaller livings, which are disposed of by the Chancellor, upon his own discretion and responsibility, the Prime Minister consults the crown upon the distribution of all this church patronage; excepting only some very small livings which have been lately established." But so heavy is the responsibility which devolves upon the Prime Minister in filling up bishoprics, and appointing to high offices of state, that we are assured it brings with it very little personal gratification.' 1 The patronage which is regarded as the most disagreeable and invidious for the Prime Minister to exercise, is Competitive Exa that which especially appertains to the Treasury, in connection with the revenue departments. Promotions in this branch of the public service, however, are usually determined upon certain fixed rules; and the actual power of the Treasury, except in the appointment of the Revenue Commissioners, and other principal officers, is in reality very small.' Moreover, since the introduction of the principle of comminations. petitive examinations for appointments in the civil service, and the gradual extension of that system to the different departments of state, the direct patronage of ministers of the crown has been materially diminished.' The Chan THE CHANCELLOR OF THE EXCHEQUER is the second memcellor of the ber of the Treasury Board, and the one who is personally responsible to Parliament for everything done at the Treasury. Exchequer. k In point of fact, he exercises at present all the powers which formerly devolved upon the Treasury Board. Subject to the provisions of law which regulate the office of Comptroller of the Exchequer, and Auditor-General of the Public Accounts, the Chancellor of the Exchequer has the entire control and management of all matters relating to the receipt and expenditure of public money, from whatever source it is derived, even including the private revenues of the sovereign; and the custody of all public property, or property belonging to the crown. In the execution of these duties, he has to frame regulations, &c., for conducting the business of all the financial departments of the country; and also to control the expenditure and fix the salaries and expenses, not only of those departments, but of all other offices, wherein there is an expenditure of public money. And he is called upon to decide, within the limits of the law, upon all questions between the sovereign and the subject, which may arise out of the receipt and expenditure of public money, &c.' Rep. on Off. Sal. 1850. Evid. 308, &c. See ante, vol. i. p. 385. Report on Misc. Expenditure, Commons' Papers, 1847-8, xviii. p. 419. Thomas, Excheq. of England, p. Rep. on Off. Sal. 1850. Evid. 34, 102. expendi The annual estimates of the sums required to defray His control the expenditure of government in every branch of the of public public service, while they are submitted to Parliament ture. by the Cabinet collectively, are framed upon the especial responsibility of the Chancellor of the Exchequer, who must satisfy himself that they have been prepared with a due regard to economy, and to the exigencies of the public service, as well as in proper relation to the whole financial interests of the country. It is true that the ministers who preside over the War and Admiralty departments,―being specially cognisant of the requirements of the state in this behalf,-must be free to form a conclusive judgment as to the expenditure required for the adequate defence of the country, in peace or war." Nevertheless, it is the duty of the Chancellor of the Exchequer, in conference with his colleagues in the Cabinet, to oppose all expenditure which he may deem improper, in a financial point of view; bearing in mind that his official responsibility for the supplies sought for from Parliament is very great, and exceeds that of any other minister, except the head of the government, and the minister in charge of the particular department on behalf of which the expenditure is required. For it is his peculiar duty to advise the House and the country in all financial matters, including the relations, the course, and the prospects both of revenue and expenditure." It is also his duty to prepare and submit to the con- His Budsideration of the House of Commons the annual statement get. of the estimated expenses of government, and of the ways and means whereby it is proposed to defray these charges, including the imposition or remission of taxes, which is known as the Budget.' When about to commence the preparation of a Budget, the Chancellor of the Exchequer obtains from the permanent heads of the revenue department their estimates of the public revenue for the ensuing 566. See ante, vol. i. p. 558 n. 561 Mr. Gladstone, in Hans. Deb. vol. clxvi. pp. 1388–1395. His judicial func tions. year upon the hypothesis that the existing taxation will Since the year 1661, the office of Chancellor of the Exchequer has been combined with that of Under Treasurer, which is properly the financial office, and by virtue whereof he performs most of the functions anciently performed by the Lord High Treasurer. The two offices, however, are still held under separate patents. The Chancellor of the Exchequer was formerly a principal officer both of the Court of Exchequer and of the Receipt of Exchequer; but he has now very little connection with the former, and is not included in the modern constitution of the latter. So late as 1735, Sir Robert Walpole, as Chancellor of the Exchequer, sat judicially in the Exchequer Court, and gave judgment in a case wherein the barons were equally divided." Nowa-days, the only occasion on which the Chancellor of the Exchequer takes his seat amongst the barons is on the annual nomination of sheriffs, when he sits first of all the judges who assemble at that ceremony. He also presides, in the absence of the Lord Chancellor, at the court which is held about once in every six years for the trial of the pyx,' for determining the sufficiency, in weight and fineness, of the gold and silver coins issued from the Mint. It then becomes his duty to deliver a charge to the pyx jury if the Lord Chancellor, as the senior officer, be not present. By an Act passed in 1866, the custody 6 |