various powers and authorities of all those different departments, in such a manner as to conduce to the proper management of the military operations of the country. This was the opinion of Lord Derby, as expressed in the House of Lords in 1856, and it embodies, in the main, the present practice. This statement was acquiesced in at the time, by Earl Grey, with the qualification that, in his opinion, the Prime Minister, or the Cabinet collectively, ought to be regarded as the chief director on such an occasion; acting, however, through the Secretary for War, as above described. To a similar effect, it was stated by the Duke of Newcastle, in evidence before the Transport Committee, in 1860, that considerable alterations take place in the relative position of the departments of state, upon the breaking out of a war. The Admiralty is a totally independent office in time of peace, no secretary of state interferes or controls it in any way whatever; but, the instant war is declared, the whole thing is changed, and the Board of Admiralty comes under the immediate and entire control of the Secretary of State for War. Thenceforward, so long as the war continues, the operations of the War Office and of the Admiralty, and the directions of the movements, both of the army and navy, become a part of the special duty of the Secretary for War. And this, he declared, was no new system, but that it had always been so. This must not be considered, however, as interfering with the direct responsibility of the Admiralty for the conduct of naval operations during a war; or as limiting the responsibility of the Board of Admiralty in regard to the details of the naval service, which continue to be transacted, as in time of peace, without reference to any other department. The Secretary e Hans. Deb. vol. cxl. p. 1026. Rep. of Com. on Mil. Organis. 1860, pp. 382, 386. d Hans. Deb. vol. cxl. P 1046. See examples cited in Rep. of Transport Com. 1860, pp. 143, 233. See also the Duke of Newcastle's evidence before the Sebastopol Com. 1854-5, vol. ix. pt. 2, p. 112. f Rep. of Transport Com. 1860, pp. 204, 207. And see Sir James Graham's evid. before the Sebastopol Committee, 1854-5, vol. ix. pt. 3, p. 260. Relative powers of War for War gives his instructions to the Admiralty, and it is the duty of the Board to see those instructions properly carried out.8 Having discussed the principle of control and responsibility in war matters, involved in the establishment of a separate branch of the secretariat, to take charge of military business, and pointed out the customary limit and extent of interference, by the Cabinet collectively, with the functions of the War Secretary, we will now consider the relative position and duties of the Secretary of State for War, and of the Commander-in-Chief. It was on June 12, 1854, as has been already observed, that the Declaration in Council was made, appointMinister ing a fourth secretary of state, to be styled the Secretary and of of State for War. But it was not until May 18, 1855, mander-in- that letters patent were issued, formally conferring this Com Chief. office upon Lord Panmure. Shortly afterwards, the separate departments of the Ordnance and the Commissariat, together with the office of Secretary-at-War, and the control of the militia, including the yeomanry and the volunteers, were consolidated, and committed to the charge of the new War Secretary." The letters patent were necessarily framed in general terms, conferring upon him the administration and government of the army and ordnance; including all matters relating to the pecuniary affairs, establishment, and maintenance of the army. In addition to this patent, however, there was issued, on the same day, a supplementary patent, revocable at pleasure, which contained a reservation of the general powers granted to Rep. of Sebastopol Com. 1854-5, vol. ix. pt. 2, p. 150. And see the Act 18 and 19 Vict. c. 117, vesting the estates and powers of the Board of Ordnance in the Secretary for War. The militia, however, are still subject to the lordslieutenant of counties; and the War Office never interferes with a militia regiment (as, for example, to pre scribe routes for them when on the march) except through the lieut.colonel. (Hans. Deb. vol. clxxxviii. p. 87.) As regards the volunteers, see the Report of Commissioners appointed to enquire into the condition of the volunteer force. Commons' Papers, 1862, vol. xxvii. p. 89. And see post, p. 554. the Secretary for War; as respects (1) the military command and discipline of the army, and (2) appointments to, and promotions therein; so far as the same may be exercised by the crown through the Commander-in-Chief, for the time being. A supplementary patent, of this description, was issued, in the case of every appointment to the office of Secretary of State for War, up to that of Sir G. C. Lewis, in 1861, when it was dispensed with, and an official memorandum, defining the respective duties and authority of the Secretary for War, and the Commanderin-Chief, was substituted in its place. Although expressly designed to limit and define the respective powers of the War Secretary and of the Commander-in-Chief, these supplementary patents proved to be alike unsatisfactory and objectionable. The committee of the House of Commons, in 1860, on military organisation, took much evidence on this point, and embodied the same, with their own views on the subject, in a report, which was ably drawn up by their chairman, who was that veteran administrator, Sir James Graham. As the question is one of considerable importance, it may be profitable to notice the conclusions arrived at by the committee, and the principal points established by the evidence. k It has not been customary to make any limitation or reservation of powers in the patents of secretaries of As we have already seen, the receipt of the seals of office from the hand of the sovereign in Council confers the office, with all the powers thereunto properly belonging, even before the issue of the patent. The present is 1 Rep. on Mil. Organisation, 1860, p. 452. See post, p. 548. This document would have been of much service in determining the delicate questions involved in the relations between these two high functionaries; but unfortunately it is lost. We are informed, by the return to an address of the House of Commons, dated August Supremacy of civil over military authority. the first occasion of the issue of a supplementary patent. restraining the full exercise of the powers conferred by the original patent. It is very doubtful whether any supplementary patent was necessary. Such a document merely indicates the pleasure of the crown as to the ordinary exercise of the powers of the Secretary of State for War, forbidding him to interfere with the routine of military command and discipline, or the distribution of army patronage; authority in respect to which has been vested in the Commander-in-Chief. The Commander-inChief himself is not now (as heretofore) appointed by letters patent, but by a letter from the Secretary of State for War, notifying him of the royal pleasure that he do serve as General Commanding-in-Chief of the royal forces, and do obey such orders as he shall receive from her majesty, or any other his superior officer. The terms of this appointment, coupled with the constitutional responsibility which necessarily attaches to the office of Secretary of State, in regard to all matters where he is the minister by whom, and through whom, the commands of the queen are received and conveyed, materially affect the consideration of this question. The sovereign is the recognised supreme head of the army, and generalissimo of all the national forces, both by land and sea, and everything done in connection with them must receive the sanction of the crown. At the same time, the queen cannot act, except through a responsible minister. In the control of the army, this responsible minister is clearly not the Commander-in-Chief, for he is not a parliamentary officer, or a member of the Cabinet. He receives only a delegated and subordinate authority, and is not ordinarily removed from office upon a change of ministry. The responsible minister is, undeniably, the Secretary of State, for through him the royal will is declared and exercised, and his counter-signature, making himself responsible for the act of his sovereign, is appended to every commission in the army, and is necessary to give validity and effect to the sign-manual.' The Secretary of State for War has, accordingly, a double authority and responsibility, in respect to the army: first, the limited authority which he exercises under the reservation of his patent; and secondly, the constitutional control which belongs to him as the responsible adviser and officer of the crown in military affairs. In this latter capacity, he wields, in fact, the power and authority of the whole executive government; and where he overrides the opinions of the Commander-in-Chief in matters peculiarly within the jurisdiction of that functionary, he does so, not merely as Secretary of State for War, but as the medium of the decision of the entire Cabinet." Any reservations in the patent of the Secretary for War must, therefore, be regarded as merely indicative of the pleasure of the crown that the ordinary exercise of the functions of military discipline and command would properly appertain to the Commander-in-Chief, subject to the constitutional supervision of a responsible minister, and must not be considered as absolving the Secretary of State from his constitutional responsibility, or precluding him from exercising the oversight and control which inseparably belongs to the supreme authority of the civil power, in a parliamentary form of government. Upon examining the practical working of the system, we find this distinction entirely borne out. The reservations in the patent are now omitted. So long as they were continued they were, in fact, virtually inoperative. The present Commander-in-Chief has frankly and fully acknowledged the supremacy of the War Minister, and his own subordinate position. For example, he informed the committee that, with regard to the distribution of the forces, at home and abroad, the Secretary for War is cognisant of every movement; that a schedule is sent to him, containing the |