[156:4]These have since been reduced to two.
[156:4]These have since been reduced to two.
[157:1]22 Vic., c. 26; §§ 4, 17.
[157:1]22 Vic., c. 26; §§ 4, 17.
[157:2]Com. Papers, 1860, IX., 1.
[157:2]Com. Papers, 1860, IX., 1.
[157:3]Ibid., 1870, XIX., 1, p. vii.
[157:3]Ibid., 1870, XIX., 1, p. vii.
[157:4]§§ 2, 7, and Schedule B.Cf.Orders in Council, Aug. 19, 1871, § 1; Sept. 15, 1902. The Order of 1870 requires a certificate of qualification from the Civil Service Commissioners as a condition of employment in "any situation or appointment in any department of the civil service," not specially excepted from the operation of the Order. The exceptions were enumerated in Schedule B, and are those described in the parenthesis of the sentence to which this is a note. The order originally applied, therefore, to all other positions whatever their nature; but by § 8 the chief authorities of any department were given power, with the concurrence of the Treasury, to add to the schedules, or withdraw situations therefrom; and this power has been used to add to Schedule B, and thus exempt from examination altogether a number of positions, almost exclusively menial, such as those of messengers, porters, charwomen, etc. The Orders in Council and Treasury Minutes relating to the civil service may be found at the end of the Civil Service Year Book.
[157:4]§§ 2, 7, and Schedule B.Cf.Orders in Council, Aug. 19, 1871, § 1; Sept. 15, 1902. The Order of 1870 requires a certificate of qualification from the Civil Service Commissioners as a condition of employment in "any situation or appointment in any department of the civil service," not specially excepted from the operation of the Order. The exceptions were enumerated in Schedule B, and are those described in the parenthesis of the sentence to which this is a note. The order originally applied, therefore, to all other positions whatever their nature; but by § 8 the chief authorities of any department were given power, with the concurrence of the Treasury, to add to the schedules, or withdraw situations therefrom; and this power has been used to add to Schedule B, and thus exempt from examination altogether a number of positions, almost exclusively menial, such as those of messengers, porters, charwomen, etc. The Orders in Council and Treasury Minutes relating to the civil service may be found at the end of the Civil Service Year Book.
[158:1]Schedule A at first contained a list, not of situations, but of departments; so that the system of open competition applied to all the positions (not specially expected) in some departments, and to none of those in others. This irrational classification recurs constantly in the history of the civil service examinations, but in the case of open competitions it has been changed under the reserved power to modify Schedule A. Clerkships, and other posts, in departments not previously included, have been added to the schedule; while large classes of situations have been withdrawn therefrom. These are, for the most part, manual occupations, such as office keepers, messengers, porters, foremen, artisans, labourers, matrons and domestic servants. Some of them, as explained in the preceding note, have been exempted from examination altogether, and for the rest the candidates are nominated subject to a pass examination, or a limited competition. The requirements in the case of the more important classes among them will be described in a later part of this chapter.
[158:1]Schedule A at first contained a list, not of situations, but of departments; so that the system of open competition applied to all the positions (not specially expected) in some departments, and to none of those in others. This irrational classification recurs constantly in the history of the civil service examinations, but in the case of open competitions it has been changed under the reserved power to modify Schedule A. Clerkships, and other posts, in departments not previously included, have been added to the schedule; while large classes of situations have been withdrawn therefrom. These are, for the most part, manual occupations, such as office keepers, messengers, porters, foremen, artisans, labourers, matrons and domestic servants. Some of them, as explained in the preceding note, have been exempted from examination altogether, and for the rest the candidates are nominated subject to a pass examination, or a limited competition. The requirements in the case of the more important classes among them will be described in a later part of this chapter.
[158:2]Cf.45 Rep. Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxxiii-lxxxvii.
[158:2]Cf.45 Rep. Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxxiii-lxxxvii.
[159:1]Cf. Ibid., pp. lxxiii-lxxv.
[159:1]Cf. Ibid., pp. lxxiii-lxxv.
[160:1]Under Order in Council June 4, 1870, § 7, and Schedule B.Playfair's commission remarked of these positions, that in order to obtain superannuation pensions the holders must have been appointed with a certificate from the Civil Service Commissioners, or must, under Section 4 of the Superannuation Act of 1859, be excepted from the rule by the Treasury on the ground that the office is one requiring peculiar qualifications. The commission found that in fact the examination was not in general required. (Com. Papers, 1875, XXIII., 1, p. 6.)
[160:1]Under Order in Council June 4, 1870, § 7, and Schedule B.
Playfair's commission remarked of these positions, that in order to obtain superannuation pensions the holders must have been appointed with a certificate from the Civil Service Commissioners, or must, under Section 4 of the Superannuation Act of 1859, be excepted from the rule by the Treasury on the ground that the office is one requiring peculiar qualifications. The commission found that in fact the examination was not in general required. (Com. Papers, 1875, XXIII., 1, p. 6.)
[161:1]They covered reading, writing and arithmetic, often dictation, précis, geography, English history, Latin and French, sometimes bookkeeping, and occasionally something more; 3d Rep. of Civil Serv. Comrs., Com. Papers, 1857-1858, XXV., 1, App. B.
[161:1]They covered reading, writing and arithmetic, often dictation, précis, geography, English history, Latin and French, sometimes bookkeeping, and occasionally something more; 3d Rep. of Civil Serv. Comrs., Com. Papers, 1857-1858, XXV., 1, App. B.
[161:2]Rep. of the Com. on Civil Service Appointments, Com. Papers, 1860, IX., 1, pp. vii-viii.
[161:2]Rep. of the Com. on Civil Service Appointments, Com. Papers, 1860, IX., 1, pp. vii-viii.
[161:3]16th Rep. Civil Serv. Comrs., Com. Papers, 1871, XVII., 1, App. 1.
[161:3]16th Rep. Civil Serv. Comrs., Com. Papers, 1871, XVII., 1, App. 1.
[161:4]In 1873 a Committee on Civil Service Expenditure suggested abolishing the distinction altogether, and having a single examination for admission to each department, the men to stand upon an equality as regards subsequent promotion by merit. (3d Rep., Com. Papers, 1873, VII., 415, p. iv.) No action was taken on this recommendation; and two years later Playfair's Commission on Admission to the Civil Service reported (Com. Papers, 1875, XXIII., 1) that the distinction between a higher division to do the responsible work, and a lower division to do the routine work, ought to be maintained. But they criticised the existing division into Classes I and II, on the ground that there was no possibility of promotion from the second to the first, and that the distinction did not correspond with the real difference in the nature of the work, so that mechanical work was done by the first class and responsible work by the second, while the clerks in some of the departments belonged wholly to one class. They recommended that there should be in every department a lower division of men and boy clerks; that its members should serve in any department to which they were appointed or transferred; and that after ten years' service they might, if they had shown exceptional capacity, be promoted to the upper division. These recommendations were embodied in the Order in Council of Feb. 12, 1876. The organisation of the civil service was thereby simplified and improved, but it was still imperfect. The Commission on Civil Establishments, in their second report, in 1888 (Com. Papers, 1888, XXVII., 1), said that in practice the work of the two divisions had overlapped, and the line between them had been drawn too low. They suggested also that the name of the lower division should be changed to second division. This was carried into effect by an Order in Council of March 21, 1890, which constituted the second division of the civil service, with a higher grade to be reached by promotion, and made the boy clerks into a separate division. The rules affecting the second division have since been embodied in a new Order in Council of Nov. 29, 1898, amended by another Order of Sept. 15, 1902. The first division, known as Class I of the Civil Service, was regulated afresh by an Order in Council of Aug. 15, 1890, which created there also an upper grade to be reached by promotion.It may be added that appointments made as the result of competitive examination are not absolute at once, but are probationary for a certain period.
[161:4]In 1873 a Committee on Civil Service Expenditure suggested abolishing the distinction altogether, and having a single examination for admission to each department, the men to stand upon an equality as regards subsequent promotion by merit. (3d Rep., Com. Papers, 1873, VII., 415, p. iv.) No action was taken on this recommendation; and two years later Playfair's Commission on Admission to the Civil Service reported (Com. Papers, 1875, XXIII., 1) that the distinction between a higher division to do the responsible work, and a lower division to do the routine work, ought to be maintained. But they criticised the existing division into Classes I and II, on the ground that there was no possibility of promotion from the second to the first, and that the distinction did not correspond with the real difference in the nature of the work, so that mechanical work was done by the first class and responsible work by the second, while the clerks in some of the departments belonged wholly to one class. They recommended that there should be in every department a lower division of men and boy clerks; that its members should serve in any department to which they were appointed or transferred; and that after ten years' service they might, if they had shown exceptional capacity, be promoted to the upper division. These recommendations were embodied in the Order in Council of Feb. 12, 1876. The organisation of the civil service was thereby simplified and improved, but it was still imperfect. The Commission on Civil Establishments, in their second report, in 1888 (Com. Papers, 1888, XXVII., 1), said that in practice the work of the two divisions had overlapped, and the line between them had been drawn too low. They suggested also that the name of the lower division should be changed to second division. This was carried into effect by an Order in Council of March 21, 1890, which constituted the second division of the civil service, with a higher grade to be reached by promotion, and made the boy clerks into a separate division. The rules affecting the second division have since been embodied in a new Order in Council of Nov. 29, 1898, amended by another Order of Sept. 15, 1902. The first division, known as Class I of the Civil Service, was regulated afresh by an Order in Council of Aug. 15, 1890, which created there also an upper grade to be reached by promotion.
It may be added that appointments made as the result of competitive examination are not absolute at once, but are probationary for a certain period.
[162:1]These are the men entering the civil service of the Eastern colonies, Ceylon, Hong Kong, the Federated Malay States, etc.
[162:1]These are the men entering the civil service of the Eastern colonies, Ceylon, Hong Kong, the Federated Malay States, etc.
[163:1]Of the 514 successful candidates for the Class I clerkships, the Indian Civil Service and the Eastern Cadets, from 1896 to 1900 inclusive, 262 had studied at Oxford, 148 at Cambridge, 83 at other universities in the United Kingdom, 7 in colonial and Indian universities, and 14 in no university at all. (45th Rep. of the Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxix-lxxxii.) The proportion from Oxford and Cambridge in the Class I clerkships alone would be somewhat larger still. The later reports of the Civil Service Commission show that these proportions have not been very much changed.
[163:1]Of the 514 successful candidates for the Class I clerkships, the Indian Civil Service and the Eastern Cadets, from 1896 to 1900 inclusive, 262 had studied at Oxford, 148 at Cambridge, 83 at other universities in the United Kingdom, 7 in colonial and Indian universities, and 14 in no university at all. (45th Rep. of the Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxix-lxxxii.) The proportion from Oxford and Cambridge in the Class I clerkships alone would be somewhat larger still. The later reports of the Civil Service Commission show that these proportions have not been very much changed.
[163:2]A more detailed statement of the method of conducting the examination and its results may be found in Lowell and Stephens, "Colonial Civil Service."
[163:2]A more detailed statement of the method of conducting the examination and its results may be found in Lowell and Stephens, "Colonial Civil Service."
[164:1]Morley, "Life of Gladstone," I., 511.
[164:1]Morley, "Life of Gladstone," I., 511.
[164:2]In a letter to Lord John Russell he wrote: "It must be remembered that an essential part of any such plan as it is now under discussion is the separation ofwork, wherever it can be made, into mechanical and intellectual, a separation which will open to the highly educated class a career, and give them a command over all the higher parts of the civil service, which up to this time they have never enjoyed."Ibid., 649.
[164:2]In a letter to Lord John Russell he wrote: "It must be remembered that an essential part of any such plan as it is now under discussion is the separation ofwork, wherever it can be made, into mechanical and intellectual, a separation which will open to the highly educated class a career, and give them a command over all the higher parts of the civil service, which up to this time they have never enjoyed."Ibid., 649.
[165:1]For Mundella's origin see Davidson, "Eminent English Liberals," Ch. xii.; Hinton, "English Radical Leaders," Ch. viii.
[165:1]For Mundella's origin see Davidson, "Eminent English Liberals," Ch. xii.; Hinton, "English Radical Leaders," Ch. viii.
[165:2]As in all such cases, the upper limit is extended to some extent for men who have served the public in a military or other capacity.
[165:2]As in all such cases, the upper limit is extended to some extent for men who have served the public in a military or other capacity.
[166:1]45th Rep. Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxiii-iv. Under the present regulations, writing (with copying), arithmetic and English composition are required; and of the eight optional subjects—précis (including indexing and adjusting of returns), bookkeeping and shorthand, geography and English history, Latin, French, German, elementary mathematics (plane geometry and algebra), and chemistry and physics—not more than four may be offered, including not more than two of the three languages.
[166:1]45th Rep. Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxiii-iv. Under the present regulations, writing (with copying), arithmetic and English composition are required; and of the eight optional subjects—précis (including indexing and adjusting of returns), bookkeeping and shorthand, geography and English history, Latin, French, German, elementary mathematics (plane geometry and algebra), and chemistry and physics—not more than four may be offered, including not more than two of the three languages.
[167:1]During the thirteen years from 1886 to 1898, inclusive, 147 first-class clerks were appointed by open competition, 34 were promoted from the second division (or the corresponding class that preceded it), and 8 came from other sources (virtually by transfer from distinct services). During the same period 123 second division clerks were promoted to other posts carrying an increase of salary. Com. Papers, 1899, LXXVII., 751. From the later reports of the Civil Service Commissioners it would appear that the proportion of first-class clerkships filled by promotion does not increase.
[167:1]During the thirteen years from 1886 to 1898, inclusive, 147 first-class clerks were appointed by open competition, 34 were promoted from the second division (or the corresponding class that preceded it), and 8 came from other sources (virtually by transfer from distinct services). During the same period 123 second division clerks were promoted to other posts carrying an increase of salary. Com. Papers, 1899, LXXVII., 751. From the later reports of the Civil Service Commissioners it would appear that the proportion of first-class clerkships filled by promotion does not increase.
[167:2]Order in Council, Nov. 29, 1898, § 15.
[167:2]Order in Council, Nov. 29, 1898, § 15.
[167:3]Or boy copyists. They were formerly two separate classes, but are now combined.
[167:3]Or boy copyists. They were formerly two separate classes, but are now combined.
[167:4]The nature of the examination was changed at the same time, and for the same reason as that of the second division clerks.
[167:4]The nature of the examination was changed at the same time, and for the same reason as that of the second division clerks.
[168:1]45th Rep. of the Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxxiii-vii.
[168:1]45th Rep. of the Civil Serv. Comrs., Com. Papers, 1901, XVIII., 129, pp. lxxxiii-vii.
[168:2]Ibid., 129, pp. lxxxiii-vii.
[168:2]Ibid., 129, pp. lxxxiii-vii.
[169:1]The Committee on Civil Establishments reported that this method of appointment was a necessity in the Foreign Office. Com. Papers, 1890, XXVII., 1, p. 9.
[169:1]The Committee on Civil Establishments reported that this method of appointment was a necessity in the Foreign Office. Com. Papers, 1890, XXVII., 1, p. 9.
[170:1]Courtney, "The Working Constitution," 149-50. The local member, however, is still often consulted, but rather as having local knowledge than with a view to political influence.
[170:1]Courtney, "The Working Constitution," 149-50. The local member, however, is still often consulted, but rather as having local knowledge than with a view to political influence.
[170:2]Messengers are often examined in the three R's.
[170:2]Messengers are often examined in the three R's.
[171:1]Com. Papers, 1883, XXXVIII., 543.
[171:1]Com. Papers, 1883, XXXVIII., 543.
[171:2]Third Rep. of the Com. on Civil Serv. Exp., Com. Papers, 1873, VII., 415, Qs. 4270-72, 4727, 4762, 4764. There was at that time some trouble in the case of dismissals.Ibid., Qs. 4271-72.
[171:2]Third Rep. of the Com. on Civil Serv. Exp., Com. Papers, 1873, VII., 415, Qs. 4270-72, 4727, 4762, 4764. There was at that time some trouble in the case of dismissals.Ibid., Qs. 4271-72.
The Need of both Expert and Layman.
As scientific and technical knowledge increase, as the relations of life become more complex, there is an ever-growing need of men of special training in every department of human activity; and this is no less true of the government than of every other organisation. Any work, therefore, carried on at the present day without the assistance of experts is certain to be more or less inefficient. But, on the other hand, experts acting alone tend to take disproportionate views, and to get more or less out of touch with the common sense of the rest of the world. They are apt to exaggerate the importance of technical questions as compared with others of a more general nature—a tendency which leads either to hobbies, or, where the organism is less vigorous, to officialism and red tape. These evils have become so marked in the case of some governments as to give rise to the ill name of bureaucracy. In order, therefore, to produce really good results, and avoid the dangers of inefficiency on the one hand, and of bureaucracy on the other, it is necessary to have in any administration a proper combination of experts and men of the world. Now, of all the existing political traditions in England, the least known to the public, and yet one of those most deserving attention, is that which governs the relation between the expert and the layman.
The Judge and Jury.
The first branch of the English government to reach a high point of development was that which dealt with the administration of justice; and it is here that we first see the coöperation of professional and lay elements. They appear in the form of judge and jury; and in that form they haveworked together from the Middle Ages to the present day. The judge, a royal officer of high rank, supplies the expert knowledge, while the lay influence is exerted by means of a panel of twelve men of average ignorance, drawn from the community by lot for the occasion; and although this is not the usual method of combining the two elements, their reciprocal control has certainly been effective.
The Justice of the Peace and his Clerk.
It was not, however, in the superior courts of law alone that the principle made itself felt. Its working, if less evident on the surface, may be traced no less clearly in the exercise of petty jurisdiction by the justices of the peace sitting without a jury. But here the mutual relation of the two elements was reversed. The justice of the peace was in most cases a landowner, a country gentleman, not skilled in law. In the earlier period the commission included a number of trained lawyers, who were said to be of the quorum, because without the presence of one of them the justices were not by law competent to act.[174:1]But in process of time the trained lawyers ceased to be appointed, while the names of almost all the justices came to be inserted in the quorum clause;[174:2]and thus it happened that judicial authority was vested in a squire who knew little of the law he was called upon to administer. But the justice supplied, in fact, the lay, not the professional, element in his own court; the requisite legal knowledge being usually furnished by his clerk, who was learned in the law; or, at least, learned in the duties of the justice of the peace as set forth in the statutes and in the manuals published for the purpose.
The office of clerk of the peace for the county must be of considerable age, for it is referred to in a statute of Richard II. in 1388.[174:3]But besides this office, which is a public one, it has been the habit time out of memory for an active justice to retain a private clerk of his own to assist him when acting as a single magistrate; such a clerk beingpaid partly out of the justice's pocket, partly from the fees that accrued.[175:1]
As Portrayed in Literature.
More important than the age of these offices is the question of the real power exerted by their holders. That the influence of a clerk over the justice who employed him has long been both great and notorious is clear from the frequent references to it in literature. Early in the seventeenth century Fletcher, in "The Elder Brother," makes Miramont say to Brissac:[175:2]—
"Thou monstrous piece of ignorance in office!Thou that hast no more knowledge than thy Clerk infuses."
"Thou monstrous piece of ignorance in office!Thou that hast no more knowledge than thy Clerk infuses."
Near the end of that century the same idea was expressed with singular frankness in a manual on "The Office of the Clerk of the Peace," published in 1682. In an address "to the reader," which precedes the second part of the volume, the author explains the object of the book. After saying of the justices of the peace that their birth is a glory to their seats, he continues:—
"But divers of these Gentlemen having not been conversant in the Practice of the Ordinary Courts of Justice, often in the absence of those worthy Persons, who be associated with them for their Learning in the Law, meet with many difficulties and discouragements."
Coming down to the eighteenth century there is the case of Squire Western and his clerk in "Tom Jones"; and later in the same novel the scene in the inn at Upton, where the strange justice is unwilling to act because he has not withhim his book or his clerk. The reader will probably remember Justice Foxley and his clerk in "Redgauntlet"; and also Dickens's burlesque of the relation in the scene at Ipswich, where after much whispering between the justice (Mr. Nupkins) and his clerk (Mr. Jinks) the magistrate says to Mr. Pickwick:—
"An information has been sworn before me that it is apprehended you are going to fight a duel, and that the other man, Tupman, is your aider and abettor in it. Therefore—eh, Mr. Jinks?"
"Certainly, Sir."
"Therefore, I call upon you both to—I think that's the course, Mr. Jinks?"
"Certainly, Sir."
"To—to—what, Mr. Jinks?" said the magistrate pettishly.
"To find bail, Sir."
"Yes. Therefore, I call upon you both—as I was about to say, when I was interrupted by my clerk—to find bail."
The satire here is particularly keen, because before the public the magistrate always takes the whole credit to himself, and is very sensitive about having the world believe that he is under the control of his clerk.
Lay Chief with Expert Subordinate an English Usage.
Leslie Stephen, I think, remarks somewhere that the characteristic feature of the English system of government is a justice of the peace who is a gentleman, with a clerk who knows the law; and certainly the relationship between the titular holder of a public post, enjoying the honours, and assuming the responsibility, of office, and a subordinate, who, without attracting attention, supplies the technical knowledge and largely directs the conduct of his chief, extends throughout the English government from the Treasury Bench to the borough council. Perhaps, indeed, it is not altogether fanciful to attribute the ease with which the principle has become established in the national government to the fact that the members of Parliament, and the ministers as well, have been drawn in the past mainly fromthe same class as the justices of the peace, and have brought with them to a larger sphere the traditions of the local magistrate.
Influence of Permanent Officials in the Colonial Office.
The extent of the control exerted in the national administration by the permanent officials is forcibly illustrated by the history of the Colonial Office. My colleague, Professor Edward Channing, has pointed out to me that the records of the American colonies reveal how largely the Committee for Trade and Plantations was in the hands of Blathwayt, its secretary. In spite of all the violent political upheavals of the time that functionary retained his post without interruption from the latter part of the reign of Charles II. until some years after the revolution of 1688; and if a colony wanted anything done by the home government it was he that must be persuaded, sometimes by inducements of a pecuniary nature.
The power, but happily not the corruption, of the permanent officials in the Colonial Office can be traced still more clearly at a much later time. In 1839 Lord Durham, in his famous "Report on the Affairs of British North America," complains that owing to the repeated changes in the political chiefs of the Colonial Office, the real management of the colonies fell into the hands of "the permanent but utterly irresponsible members of the office"; and he quotes from a report made in the preceding year by a select committee of the Assembly of Upper Canada, to show that this was felt by the colonists themselves as a grievance.[177:1]The group of English colonial reformers, with whom Lord Durham was associated, held the same opinion. Gibbon Wakefield tells us, in his "View of the Art of Colonization" that "The great bulk, accordingly, of the labours of the office are performed, as the greater portion of its legislative and executive authority is necessarily wielded, by the permanent under-secretary and the superior clerks."[177:2]Wakefield and his school disapproved of the colonial policy of the day, and disliked cordially the permanent officials and theirmethods. "Our colonial system of government," Wakefield adds, "is the bureaucratic, spoiled by being grafted on to free institutions."[178:1]He had a special aversion for Sir James Stephen—long the legal adviser, and afterwards permanent under-secretary, to the Colonial Office—whom he regarded as the archetype, if not the founder, of the class of officials that had become the real arbiters of the destinies of the colonial empire.[178:2]
Mr. Mothercountry.
Wakefield quotes from Charles Buller's "Responsible Government for Colonies" (a work published in 1840, but at that time already out of print), an extract entitled "Mr. Mothercountry, of the Colonial Office."[178:3]Parliament, Buller declares, takes no interest in the colonies, and exercises no efficient control over the administration and legislation affecting them; and hence the supremacy of England really resides in the Colonial Office. But the Secretary of State holds a shifting position. Perplexed by the vast variety of questions presented to him, he is obliged at the outset to rely on one or other of the permanent officials, and the official who thus directs the action of the British government Buller calls "Mr. Mothercountry." He is familiar with every detail of his business, and handles with unfaltering hand the piles of papers at which his superiors quail. He knows the policy which previous actions render necessary; but he never appears to dictate. A new Secretary of State intends to be independent, but something turns up that obliges him to consult Mr. Mothercountry. He is pleased with the ready and unobtrusive advice which takes a great deal of trouble off his hands. If things go well, his confidence in Mr. Mothercountry rises. If badly, that official alone can get him out of the colonial or parliamentary scrape; and the more independent he is the more scrapes he falls into. Buller goes on to point out the faults of Mr. Mothercountry; his love of routine, his tendency to follow precedent, his dislike of innovation, and his dread of being criticised.
Memoirs of Colonial Officials.
Any one, with even a slight knowledge of government offices in England, will recognise that the portrait of Mr. Mothercountry and his influence is hardly overdrawn, in cases where the political chief either holds his place for a short time, or is not a man of commanding ability. The impression of the critics of colonial administration is, indeed, strikingly reënforced in this respect by memoirs of the permanent officials themselves; although some allowance must, no doubt, be made for a natural overestimate of their own importance.[179:1]Sir Henry Taylor confided to the world in his autobiography a number of remarks that throw light on the internal working of the Colonial Office in the second quarter of the century. While never its permanent under-secretary, he was for a great many years a highly influential person there, as may be seen from the fact that early in his career he drew up, on his own judgment, a despatch recalling a governor, which the secretary signed.[179:2]Taylor tells us that Lords Goderich and Howick, who became the political chiefs of the Colonial Office in 1831, were "not more in pupilage than it is necessary and natural that men should be who are new to their work."[179:3]He says that when Lord Stanley was appointed Secretary of State, in 1833, he asked no advice from his subordinates, and a measure he prepared was blown into the air by the House of Commons; whereupon he had recourse to Mr. Stephen,[179:4]"who for so many years might better have been called the Colonial Department itself than the 'Counsel to the Colonial Department.'"[179:5]A little later he repeats this last statement, saying that while Lord Glenelg was Secretary "Stephen virtually ruled the Colonial Empire."[179:6]Taylor's own influence was shown when complaints were made of hisadministration of the West Indies. The House of Commons appointed a committee of inquiry, and the report of that committee, with the exception of the last few sentences, was entirely drawn up by Taylor himself.[180:1]
Sir Frederick Rogers (afterwards Lord Blachford), who was permanent under-secretary from 1860 to 1871, has left in his letters suggestive comments upon most of his political chiefs. The Duke of Newcastle, he says, is "very ready to accept your conclusions, very clear in his own directions, and extremely careful (which I respect very highly) never to throw back on a subordinate any shadow of responsibility for advice that he has once accepted."[180:2]"Cardwell," he remarks, "is happily absent, though not so much as I could wish";[180:3]and, finally, he writes that he likes Lord Granville, who "is very pleasant and friendly, and I think will not meddle beyond what is required to keep us clear of political slips."[180:4]Some people outside of the office evidently thought that the secretaries of state had not meddled overmuch, for George Higginbottom, afterwards Chief Justice of Victoria, once remarked in the Assembly, "It might be said with perfect truth that the million and a half of Englishmen who inhabit these colonies, and who during the last fifteen years have believed they possessed self-government, have been really governed during the whole of that time by a person named Rogers";[180:5]and in the same vein Rees, in his "Life and Times of Sir George Grey," refers to Sir Robert Herbert (permanent under-secretary from 1871 to 1892) as the man who "controls the destinies of the Colonial Office."[180:6]
Influence of Permanent Officials in Other Departments.
With the growing interest in the empire, there has come a change; but until a very recent period the fact that British statesmen knew little of the subject, and did not care much more, no doubt made the power of the permanent officials peculiarly great in the Colonial Office.
Their influence, however, upon the policy of the government in the other departments, if less absolute, has nevertheless been very large. This impression one obtains both from published documents, and from private conversations, although the former alone can be cited as evidence. As far back as 1845 we find the Lord Lieutenant speaking of the permanent under-secretary as "the main-spring of your government in Ireland."[181:1]But more important than scattered statements of this kind is the information derived from the testimony taken by parliamentary committees of inquiry. One cannot read, for example, the evidence collected in 1900 by the Committee on Municipal Trading[181:2]without being convinced that not only the efficiency, but also in large measure the current policy, of the Board of Trade depended upon the permanent official at its head, and this is true of every branch of the administration.[181:3]Sir Lyon Playfair gave the reason for it when he said: "The secretary being a very busy man is very apt to take the advice of the clerk who has been looking over all the detailsand the correspondence before it comes to him."[182:1]A superior, indeed, lacking the time to become thoroughly familiar with the facts, must be to a great extent in the hands of a trusted subordinate who has them all at his fingers' ends. It is the common case of the layman and his confidential expert; and it must be observed in this connection that with exacting parliamentary and other duties, the cabinet ministers cannot devote all their time to the work of their departments.
Theoretical Relation of Political and Permanent Heads.
The theoretical relation between the political chief and his permanent subordinate is a simple one. The political chief furnishes the lay element in the concern. His function is to bring the administration into harmony with the general sense of the community and especially of Parliament. He must keep it in accord with the views of the majority in the House of Commons, and conversely he must defend it when criticised, and protect it against injury by any ill-considered action of the House. He is also a critic charged with the duty of rooting out old abuses, correcting the tendency to red tape and routine, and preventing the department from going to sleep or falling into ruts; and, being at the head, it is for him, after weighing the opinion of the experts, to decide upon the general policy to be pursued. The permanent officials, on the other hand, are to give their advice upon the questions that arise, so as to enable the chief to reach a wise conclusion and keep him from falling into mistakes. When he has made his decision they are to carry it out; and they must keep the department running by doing the routine work. In short the chief lays down the general policy, while his subordinates give him the benefit of their advice, and attend to the details. It is easy enough to state a principle of this kind, but in practice it is very hard to draw the line. The work of a public department consists of a vast mass of administrative detail, the importance of which is not self-evident until some strain is brought to bear upon it; and all the acts done, however trifling inthemselves, form precedents, which accumulate silently until they become as immovable as the rocks of the geologic strata. To know how far the opinion of an expert must be followed, and how far it may be overruled; to know what is really general policy, and what is mere detail; to know these things is the most valuable art in life. The capacity of an administrator on a large scale depends upon what he attends to himself, and what he commits to others. But the political chief of a department is so situated that it is difficult for him to determine what questions he will reserve for himself and what he will leave to his subordinates. To understand why that is the case it is necessary to know something of the procedure in the government offices.
Procedure in the Public Departments.
The method of doing business in a public office is of necessity more elaborate than in a private concern. There is more responsibility for the work done; more subjection to public criticism in small matters; and a stronger obligation to treat every one alike, which means a more strict adherence to precedent. All this entails a complicated machinery that is less needed in private business, where a man can say that if he makes a mistake the loss falls upon himself and is no other person's affair. In a public office, therefore, more writing is done, more things are preserved and recorded, than in a private business, and there are more steps in a single transaction.[183:1]Now although the procedure in the English departments varies somewhat in detail, the general practice is much the same throughout the public service.
When a minister wishes to prepare a measure for Parliament, or to make any change in administrative policy, he consults the permanent under-secretary and any other officials especially familiar with the subject; if, indeed, the matter has not been suggested to him by them. He weighs their advice, and states his conclusion to the permanent under-secretary, who in turn gives his directions to the proper subordinates for carrying it into effect. In such a case theprocedure is obvious; but by far the greater part of the action in the central offices begins at the other end, and comes from the contact of the government with the public, or from questions that arise in the course of administration. When anything of this kind occurs, whether it be in the form of a despatch, a petition, a complaint, a request for instructions, or a communication of any sort, it is sent by the official charged with the opening of correspondence to the principal, or senior, clerk within whose province it falls. The senior clerk intrusts it to one of the junior first-class clerks in his division. He examines the paper, and unless it is of such a purely routine character that he feels authorised to dispose of it, he affixes to it a minute or memorandum, which gives a history of the matter, the precedents in similar cases, and any other information that may assist his superiors in reaching a decision, commonly adding a suggestion of the course to be pursued. The paper then goes back to the senior clerk, who inspects it, and if the question is of small consequence approves the minute or directs a different disposition, subscribing his initials. If the affair is more weighty, he adds his own comments in the form of a second minute, and transmits the paper to the permanent under-secretary.[184:1]That officer, as the permanent head of the department, gives the final directions,[184:2]and returns the paper, unless the matter is of great importance, or involves a new question of policy, or is likely to give rise to discussion in Parliament, when he submits it to his political chief with a further minute of his own.[184:3]
Each Official a Reader for his Superior.
Each permanent official thus performs a double servicefor his immediate superior. He collects all the material that bears upon a question, presenting it in such a form that a decision can be readily and quickly made; and he acts to a certain extent as a reader, examining a mass of papers that the superior would be quite unable to go through, and making up his own mind how far they contain anything that requires his chief's attention.[185:1]This system runs throughout the department, from the junior first-class clerks to the parliamentary head, each official deciding what he will submit to his superior; in the same way that the minister himself determines what matters he will settle on his own authority, and what he had better lay before the cabinet. No doubt a subordinate in undertaking to decide a question occasionally makes a mistake for which the minister must assume the responsibility; but that is not a serious danger. The besetting sin of bureaucracy is the tendency to refer too much to a higher authority, which cannot become familiar with the facts of each case, and finds its only refuge in clinging to hard and fast rules. It is fortunate, therefore, that the growth in the machinery of central administration in England has been accompanied by greater deconcentration within the departments.[185:2]The process has not been without effect on the position of the permanent under-secretary. By relieving him of detail it has made him more free to devote his attention to general policy; and, in fact, a departmental committee reported a few years ago that he ought "to divest himself of all but the most important matters in which the application of a new principle is involved." No question, the report continued, ought to reach him until it has been threshed out by the responsible head of a division, and is ripe for decision. "The permanent secretary should be able to devote himself to such work as conferring with andadvising his Parliamentary chiefs, framing or elaborating proposals for new legislation or administrative reform, considering all questions in Parliament, receiving members of Parliament, or representatives of the Public on questions of difficulty, and generally controlling and directing the conduct of the Department."[186:1]