The pageant of Parliament, vol. 1 of 2MacDonagh, Michael
History
The pageant of Parliament, vol. 1 of 2
MacDonagh, Michael
Great Britain. Parliament
But all is not over yet. A Member of the House of Commons who accepts
an office of profit under the Crown thereby vacates his seat, and
must seek re-election. This applies to the heads of all the great
Departments. Minor Ministerial posts, such as the Secretary to the
Treasury, the Under-Secretaries of State, the Parliamentary and
Financial Secretaries of various Departments, are exempted from
this parliamentary law, as they are regarded as holding office not
by appointment of the Crown, but by appointment of the Ministers
in charge of the different offices. The object of compelling a
Minister to submit his acceptance of office to the judgment of his
constituents, which was first established by an Act of the reign
of Queen Anne—Succession to the Crown Act, 1707—was to restrain
the corrupt influence of the Crown over Parliament by its power of
conferring place on servile and obsequious Members. The danger the
statute was designed to avert has, happily, past long since and
gone for ever. The Act of Anne, however, continues in operation
despite the fact that, owing to the complete revolution which has
since been effected in the Constitution, it is entirely remote from
the realities of these democratic times. The only modification
of the original Act is a provision in the Reform Act of 1867, by
which a Minister who is transferred to another office “in lieu of
and in immediate succession the one to the other” need not submit
himself to his constituents. A constitutional difficulty arose on
the taking over of the Chancellorship of the Exchequer by Gladstone
on the resignation of Lowe in 1873, during a parliamentary recess,
Gladstone at the time being First Lord of the Treasury and Prime
Minister. Did the right hon. gentleman come under the provision of
the Act of 1867, and therefore not obliged to seek re-election? The
law officers of the Crown—Coleridge, Attorney-General, and Jessel,
Solicitor-General—came to the conclusion that the seat was not
vacated; and their opinion was supported by Sir Erskine May, Clerk
of the House of Commons. On the other hand, Lord Chancellor Selborne
advanced the opposite view, holding that, as Gladstone had taken
the office of Chancellor of the Exchequer, not in lieu of and in
immediate succession to, but in addition to, the office of First Lord
of the Treasury, he must submit himself to his constituents. But this
Gladstone was reluctant to do, as his seat for Greenwich was believed
to be unsafe.
Public-domain text, read in full here on John Shaqi.
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