The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(11) In February 1854 Mr. Cayley moved for a “Select Committee to
consider the duties of the Member leading the Government business in
this House, and the expediency of attaching office and salary thereto.”
The motion was withdrawn, after being opposed by Sir Charles Wood
(now Viscount Halifax), Mr. Walpole, and Lord John Russell (now Earl
Russell). Sir Charles Wood described the post of Leader of the House
as “an office that does not exist, and the duties of which cannot be
defined.” Mr. Walpole spoke of it as a “position totally unknown to the
constitution of the country.” Yet I presume that everybody practically
knew that Lord John Russell was Leader of the House, though nobody
could give a legal definition of his position. A discussion then
followed between Mr. Walpole and Lord John Russell on the nature of
ministerial responsibility. Mr. Walpole said that “members were apt to
talk gravely of ministerial responsibility; but responsibility there is
none, except by virtue of the office that a Minister holds, or possibly
by the fact of his being a Privy Councillor. A Minister is responsible
for the acts done by him; a Privy Councillor for advice given by him in
that capacity. Until the reign of Charles the Second, Privy Councillors
always signed the advice they gave; and to this day the Cabinet is not
a body recognised by law. As a Privy Councillor, a person is under
little or no responsibility for the acts advised by him, on account of
the difficulty of proof.” Lord John Russell “asked the House to pause
before it gave assent to the constitutional doctrines laid down by Mr.
Walpole. He unduly restricted the responsibility of Ministers.” ... “I
hold,” continued Lord John, “that it is not really for the business the
Minister transacts in performing the particular duties of his office,
but it is for any advice which he has given, and which he may be
proved, before a Committee of this House, or at the bar of the House of
Lords, to have given, that he is responsible, and for which he suffers
the penalties that may ensue from impeachment.”
It is plain that both Mr. Walpole and Lord Russell were here speaking
of real legal responsibility, such responsibility as might be enforced
by impeachment or other legal process, not of the vaguer kind of
responsibility which is commonly meant when we speak of Ministers being
“responsible to the House of Commons.” This last is enforced, not by
legal process, but by such motions as that of Sir Robert Peel in 1841,
or that of the Marquess of Hartington in June 1859.
I have made my extracts from the Spectator newspaper of February 11,
1854.
Public-domain text, read in full here on John Shaqi.
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