The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1891-02-19
THE QUEEN AND THE CABINET
A Constitutional Question at
issue.
By L. A. THURSTON.

Inc question now dJ lSSuc DcL"cSD |
the Queen and the Cabinet, briefly |
stated, is this:
The Queen claims that the Cabinet,
having been commissioned by the late
Sovereign, are not entitled to hold their
Offices after his death, and are therefore
in duty bound to resign; and refuses to
officially recognize them.
The Ministers claim that they hold
their Office under the Constitution; that
they can be removed only by the
methods pointed out in the Constitu-
ton, and that the change in the person
of the Sovereign does not change their
legal status.
This raises a direct issue, vitality
affecting the foundation principles of
Representative Government, and it is
essential to the welfare of the country,
now that the question has come up for
settlement, that it be settled right.
As | have had no official relations with
Her Majesty, and was a member of the
Administration which was ousted by
the party placing the present Cabinet in
power, can claim to be in position in
which have no prediction against the
Queen or in favor of the Cabinet. AS a
citizen, however, knowing and wanting
to know no other land as home, con-
slider it vital to my interests and the in
terests of my native country, that the
principles at stake in this matter be
| thoroughly understood by the commu-
nifty, and that it is the duty of every one
| who is able to throw any light upon the
subject, to do so.
With this brief explanation of my rea-
sons for appearing in print, L desire to
express my views upon the legal status OF
| the question and the logical differences to
| be drawn therefrom, with no impugn-
| ment of the motives OF any one.
ARGUMENTS IN FAVOR OF THE QUEEN s
POSITION.
First. The arguments made in favor o.
| the position taken by Her Majesty, sc
far as / have heard any arguments made
| are:
a. That it is the precedent in other
| countries for the Cabinet to resign upor
the death of the Sovereign, and, there
fore. the Cabinet should follow such pre-.
cedent.
| (2) That the appointment of Minis
ter is a personal prerogative OF the Sow
ereign, and the relation of a Cabine
Minister personal to the reigning Sow
ereign for the time being; therefore tn,
death of such Sovereign forthwith termi
mates the tenure OF Office OF the Minister
| 49, That it is embarrassing and i'm
possible for the Sovereign to carry on
her policy through Ministers who are no
OF her own selection, and who may no
be in accord with her; and it is there
fore essential to harmony and the public
welfare, that Cabinet be appointed b
her who will be opponents of her policy
and who will work in harmony with hel
ARGUMENTS IN FAVOR OF THE MINISTERS
POSITION.
/ maintain that these arguments ar
founded on misstatements of fact; anc
that they are directly contrary to logic
law and the Constitution.
LIST. IT is A MEASUREMENT OF FACT t
SAY THAT 1T IS THE PRECEDENT IN OTHE
COUNTRIES FOR THE CABINET TO REsIG
UPON THE DEATH OF THE SOVEREIGN.
: Instead of this being SO, the prece
dents are all the other way.
Numberless instances can be cited i
support OF this, but an example from Rt
publican United States, semi-democrati
limited Monarchy England land absolut
Monarchy Germany, are sufficient
meet the statement.
, UNITED STATES PRECEDENTs.
Upon the death of Abraham Lincoln
), President of the United States, and I'll
succession of Vice-President Johnson
the Presidency, the whole Cabinet he
over. A portion of them held until tt
I expiration of Johnson's term of offic
l Johnson having difference of opinio
: with one of the members, Secretal
4 Stanton, attempted in vain to force hi
9 out of the Cabinet Stanton held Off
9 for about year and half, and then r
;, signed of his own volition.
Upon the death of Garfield, Preside
/ of the United States, and the successio
of Vice-P President Arthur, the who
IT Cabinet retained office. Mr.. Blaine su
% sequently resigned of his own accor,
q but others, among them Robert Lincol
retained his office during the whole
Arthur's incumbency.
This was under the Government of Il
United States, where the Cabinet has
a. constitutional standing; they are n
:. even mentioned in the Constitutio
They have no responsibility to the pc
ID Pile, but are solely responsible to Il
"a President. They are simply clerks
the President, who asks their advice
10 he chooses, and follows it or not as
/ thinks best. The President is THE
n sponsible power, and formulates the pt
icy which the Cabinet execute.
?, ENGLISH PRECEDENT.
- Upon the death of William w., a,
70 the accession of Queen Victoria, Lol
Melbourne was the Prime Minister.
10 He and his Cabinet retained their pol
y folios and held office for four years ther
r alters
I. Under the English system OF Cover
J. ment, the Cabinet are not only unknov
!, to the Constitution, but there is no la
- authorizing a Cabinet. The Engli
- Cabinet has come into existence throuI
"a ), simple custom.
o' Theoretically they are appointed
J. the Queen, and execute her policy.
le As a matter of fact, they are appoint
by the House of Commons, in that Il
v Queen always appoints the leader of t
o. majority in that House, no matter he
o. distasteful to herself personally. S
never requests the resignation of Mi
40 * lister. The Ministers themselves reti
u when they can no longer control m
d. jority in the House; and it, in such ca.
IN the Queen should call any one but t
es leader of the successful opposition, s.
3. would be deemed to be performing a
g evolutionary act.
A. GERMAN PRECEDENT.
nj Upon the recent death of Empel
I'd William and the succession to the thro
of OF his son Frederick, Bismarck was t
N Prime Minister. He and his Cabir