Every one of its members acts in no less than three capacities: as administrator of a department of State; as member of a legislative chamber; and as a confidential adviser of the Crown. Two at least of them add to those three characters a fourth; for in each House of Parliament it is indispensable that one of the principal Ministers should be what is termed its Leader. This is an office the most indefinite of all, but not the least important. With very little of defined prerogative, the Leader suggests, and in a great degree fixes, the course of all principal matters of business, supervises and keeps in harmony the action of his colleagues, takes the initiative in matters of ceremonial procedure, and advises the House in every difficulty as it arises. The first of these, which would be of but secondary consequence where the assembly had time enough for all its duties, is of the utmost weight in our overcharged House of Commons, where, notwithstanding all its energy and all its diligence, for one thing of consequence that is done, five or ten are despairingly postponed. The overweight, again, of the House of Commons is apt, other things being equal, to bring its Leader inconveniently near in power to a Prime-Minister who is a Peer. He can play off the House of Commons against his chief; and instances might be cited, though they are happily most rare, when he has served him very ugly tricks.
The nicest of all the adjustments involved in the working of the British Government is that which determines, without formally defining, the internal relations of the Cabinet. On the one hand, while each Minister is an adviser of the Crown, the Cabinet is a unity, and none of its members can advise as an individual, without, or in opposition actual or presumed to, his colleagues. On the other hand, the business of the State is a hundred-fold too great in volume to allow of the actual passing of the whole under the view of the collected Ministry. It is therefore a prime office of discretion for each Minister to settle what are the departmental acts in which he can presume the concurrence of his colleagues, and in what more delicate, or weighty, or peculiar cases, he must positively ascertain it. So much for the relation of each Minister to the Cabinet; but here we touch the point which involves another relation, perhaps the least known of all, his relation to its head.
The head of the British Government is not a Grand Vizier. He has no powers, properly so called, over his colleagues: on the rare occasions, when a Cabinet determines its course by the votes of its members, his vote counts only as one of theirs. But they are appointed and dismissed by the Sovereign on his advice. In a perfectly organized administration, such for example as was that of Sir Robert Peel in 1841-6, nothing of great importance is matured, or would even be projected, in any department without his personal cognizance; and any weighty business would commonly go to him before being submitted to the Cabinet. He reports to the Sovereign its proceedings, and he also has many audiences of the august occupant of the Throne. He is bound in these reports and audiences, not to counterwork the Cabinet; not to divide it; not to undermine the position of any of his colleagues in the Royal favor. If he departs in any degree from strict adherence to these rules, and uses his great opportunities to increase his own influence, or pursue aims not shared by his colleagues, then, unless he is prepared to advise their dismissal, he not only departs from rule, but commits an act of treachery and baseness. As the Cabinet stands between the Sovereign and the Parliament, and is bound to be loyal to both, so he stands between his colleagues and the Sovereign, and is bound to be loyal to both.
As a rule, the resignation of the First Minister, as if removing the bond of cohesion in the Cabinet, has the effect of dissolving it. A conspicuous instance of this was furnished by Sir Robert Peel in 1846; when the dissolution of the Administration, after it had carried the repeal of the Corn Laws, was understood to be due not so much to a united deliberation and decision as to his initiative. The resignation of any other Minister only creates a vacancy. In certain circumstances, the balance of forces may be so delicate and susceptible that a single resignation will break up the Government; but what is the rule in the one case is the rare exception in the other. The Prime Minister has no title to override any one of his colleagues in any one of the departments. So far as he governs them, unless it is done by trick, which is not to be supposed, he governs them by influence only. But upon the whole, nowhere in the wide world does so great a substance cast so small a shadow; nowhere is there a man who has so much power, with so little to show for it in the way of formal title or prerogative.
The slight record that has here been traced may convey but a faint idea of an unique creation. And, slight as it is, I believe it tells more than, except in the school of British practice, is elsewhere to be learned of a machine so subtly balanced, that it seems as though it were moved by something not less delicate and slight than the mainspring of a watch. It has not been the offspring of the thought of man. The Cabinet, and all the present relations of the Constitutional powers in this country, have grown into their present dimensions, and settled into their present places, not as the fruit of a philosophy, not in the effort to give effect to an abstract principle; but by the silent action of forces, invisible and insensible, the structure has come up into the view of all the world. It is, perhaps, the most conspicuous object on the wide political horizon; but it has thus risen, without noise, like the temple of Jerusalem.
"No workman steel, no ponderous hammers rung;
Like some tall palm the stately fabric sprung."[17]
When men repeat the proverb which teaches us that "marriages are made in heaven," what they mean is that, in the most fundamental of all social operations, the building up of the family, the issues involved in the nuptial contract, lie beyond the best exercise of human thought, and the unseen forces of providential government make good the defect in our imperfect capacity. Even so would it seem to have been in that curious marriage of competing influences and powers, which brings about the composite harmony of the British Constitution. More, it must be admitted, than any other, it leaves open doors which lead into blind alleys; for it presumes, more boldly than any other, the good sense and good faith of those who work it. If, unhappily, these personages meet together, on the great arena of a nation's fortunes, as jockeys meet upon a racecourse, each to urge to the uttermost, as against the others, the power of the animal he rides; or as counsel in a court, each to procure the victory of his client, without respect to any other interest or right: then this boasted Constitution of ours is neither more nor less than a heap of absurdities. The undoubted competency of each reaches even to the paralysis or destruction of the rest. The House of Commons is entitled to refuse every shilling of the supplies. That House, and also the House of Lords, is entitled to refuse its assent to every bill presented to it. The Crown is entitled to make a thousand Peers to-day and as many to-morrow: it may dissolve all and every Parliament before it proceeds to business; may pardon the most atrocious crimes; may declare war against all the world; may conclude treaties involving unlimited responsibilities, and even vast expenditure, without the consent, nay, without the knowledge, of Parliament, and this not merely in support or in development, but in reversal, of policy already known to and sanctioned by the nation. But the assumption is that the depositaries of power will all respect one another; will evince a consciousness that they are working in a common interest for a common end; that they will be possessed, together with not less than an average intelligence, of not less than an average sense of equity and of the public interest and rights. When these reasonable expectations fail, then, it must be admitted, the British Constitution will be in danger.
Apart from such contingencies, the offspring only of folly or of crime, this Constitution is peculiarly liable to subtle change. Not only in the long run, as man changes between youth and age, but also, like the human body, with a quotidian life, a periodical recurrence of ebbing and flowing tides. Its old particles daily run to waste, and give place to new. What is hoped among us is, that which has usually been found, that evils will become palpable before they have grown to be intolerable.
There cannot, for example, be much doubt among careful observers that the great conservator of liberty in all former times, namely, the confinement of the power of the purse to the popular chamber, has been lamentably weakened in its efficiency of late years; weakened in the House of Commons, and weakened by the House of Commons. It might indeed be contended that the House of Commons of the present epoch does far more to increase the aggregate of public charge than to reduce it. It might even be a question whether the public would take benefit if the House were either intrusted annually with a great part of the initiative, so as to be really responsible to the people for the spending of their money; or else were excluded from part at least of its direct action upon expenditure, intrusting to the executive the application of given sums which that executive should have no legal power to exceed.
Meantime, we of this island are not great political philosophers; and we contend with an earnest, but disproportioned, vehemence about changes which are palpable, such as the extension of the suffrage, or the redistribution of Parliamentary seats, neglecting wholly other processes of change which work beneath the surface, and in the dark, but which are even more fertile of great organic results. The modern English character reflects the English Constitution in this, that it abounds in paradox; that it possesses every strength; but holds it tainted with every weakness; that it seems alternately both to rise above and to fall below the standard of average humanity; that there is no allegation of praise or blame which, in some one of the aspects of its many-sided formation, it does not deserve; that only in the midst of much default, and much transgression, the people of this United Kingdom either have heretofore established, or will hereafter establish, their title to be reckoned among the children of men, for the eldest born of an imperial race.