protection against minor mistakes; any error of judgment
committed bona fide, and only entailing consequences
which one person might say were good, and another
say were bad, could not be so punished. It would
be possible to impeach any Minister who disbanded
the Queen’s army, and it would be done for certain.
But suppose a Minister were to reduce the army or
the navy much below the contemplated strength—suppose
he were only to spend upon them one-third of the amount
which Parliament had permitted him to spend—suppose
a Minister of Lord Palmerston’s principles were
suddenly and while in office converted to the principles
of Mr. Bright and Mr. Cobden, and were to act on those
principles, he could not be impeached. The law
of treason neither could nor ought to be enforced
against an act which was an error of judgment, not
of intention—which was in good faith intended
not to impair the well-being of the State, but to
promote and augment it. Against such misuses
of the prerogative our remedy is a change of Ministry.
And in general this works very well. Every Minister
looks long before he incurs that penalty, and no one
incurs it wantonly. But, nevertheless, there
are two defects in it. The first is that it may
not be a remedy at all; it may be only a punishment.
A Minister may risk his dismissal; he may do some
act difficult to undo, and then all which may be left
will be to remove and censure him. And the second
is that it is only one House of Parliament which has
much to say to this remedy, such as it is; the House
of Commons only can remove a Minister by a vote of
censure. Most of the Ministries for thirty years
have never possessed the confidence of the Lords, and
in such cases a vote of censure by the Lords could
therefore have but little weight; it would be simply
the particular expression of a general political disapproval.
It would be like a vote of censure on a Liberal Government
by the Carlton, or on a Tory Government by the Reform
Club. And in no case has an adverse vote by the
Lords the same decisive effect as a vote of the Commons;
the Lower House is the ruling and the choosing House,
and if a Government really possesses that, it thoroughly
possesses nine-tenths of what it requires. The
support of the Lords is an aid and a luxury; that of
the Commons is a strict and indispensable necessary.
These difficulties are particularly raised by questions
of foreign policy. On most domestic subjects,
either custom or legislation has limited the use of
the prerogative. The mode of governing the country,
according to the existing laws, is mostly worn into
a rut, and most administrations move in it because
it is easier to move there than anywhere else.
Most political crises—the decisive votes,
which determine the fate of Government—are
generally either on questions of foreign policy or
of new laws; and the questions of foreign policy come
out generally in this way, that the Government has
already done something, and that it is for the one
part of the legislature alone—for the House
of Commons, and not for the House of Lords—to
say whether they have or have not forfeited their place
by the treaty they have made.