The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-09-04
POWER OF EDWARD VII.
English Constructors Theory o.
the Rights of the Crown.

the Rights of the Crown.
From the Chicago Inter Ocean.
The average American, If asked TO
give his idea of the powers of King
Edward, would probably reply some
thing after this fashion:
ut is not set down in black and
white what he may do and what ne
may not do, but under the British
constitution the King is good deal
of a fgurehead, and in general ne
does pretty much as Parliament tells
him.
The American would thus have an
swered according to the spirit of Brit
ish law. theoretically, however, his
answer would be as far wrong as could
well be imagined.
Under the British constitution the
powers of ministers and members of
Parliament are defined and confined.
But what the King may do and may
not do is not written. 1t is an aston
iShing fact that the crown is itself
the interpreter of it's own prerogative.
Naturally, therefore, just at this time,
the rights and limitations of the crown
are interesting. king and Emperor,
a Life History of Edward VII" just
published in London, gives consider
able light on the subject.
The limitations to the Kings powers
are most curious. He may not spend
a cent of public money without the
consent of Parliament. He may not
create any new office with fees. He
may not prevent sentence being passed
upon a prisoner, though he may par
don nearly all offenders, a notable
exception being the man convicted of
a certain form of Sabbath breaking.
He may not issue a proclamation that
ig contrary tn law or iniIlriOlS To the
community - the exception, for in
stance, of a whole town from jury ser
vice.
He may call every man to arms to
resist invasion, but he may not COM
pei any civilian to leave the country,
or exclude any man from the House
of Commons, or exempt any one from
the operation of ordinary law. He
may set aside the judgment of judges
except for contempt of court-but he
may not interfere with them on the
bench or dismiss them.
He is the only man in the kingdom
who may not arrest criminal-the
reason being that the King is above
all law and the prisoner, If unjustly
arrested, would have no recourse. In
time of peace he may not hand over
one inch of British territory to foreign
sway. He may not interfere in an act
Of private as opposed to public wrong.
Yet, incredible as it may seem, Ed
ward VII might shatter the empire
without breaking any law. He has SUI
preme command of the naval forces
and might sell every ship, disband the
crews, and give away the stores. At
the same time he might dismiss every
officer. nom commissioned officer and
private in the army from Lord Rob-
erts down. He has the power to can
eel the orders and acts of generals and
commanders, to make war with any
country. and to obtain peace at any
price. All these acts are strictly with
in the legal Interpretation of the pre-
rogative of the crown.
King Edward is the supreme power
known to the law. He can do no
wrong. He is head of the state, head
of the legislature, head of the church,
head of the army, head of the navy
He may appoint any person to any Of
flee of authority, and the person so APP
pointed may not decline the appoint
ment. He may refuse to sign any bill
passed by either House of Parliament.
he appoints all bishops, and during the
vacancy Of any see he has the temporal
powers of the bishop of that see. He
might mark his coronation by making
every man and woman a baronet or
marchioness, and none might decline
the title.
He may discharge practically all the
civil servants of the Kingdom. He may
break every treaty, dismiss every am
bassador and recall every British rep
resentative from the capitals of Eu-
rope. He only may make money, and
he may make sovereigns of lead or
brass and give them the stamp of the
royal Mint
The authors conclusion is this: THE
fN0 ltw.r.
however, need not alarm us; neither
need the King trouble about his limita-
tons. 1t is the idea and not the stat
ute book which governs us, and the
idea is exactly what we ourselves make
it. 1t is the idea, in the long run,
which holds together 100000 900 of the
human race"