The Foreign Policy discussed during the present session has been, on the part of the English Government, a uniform policy of peace. The reference of the Alabama claims to arbitration terminated a prolonged, irritating, and at times dangerous dispute. Even if the independent arbitrators should award damages against us, the removal of a cause of strife will be cheaply purchased at a price so assessed. Analogous motives induced England to surrender the neutralisation of the Black Sea, in deference to the wishes not merely of Russia but of several others of the Powers of Europe. It was a principle not worth fighting for. With respect to these two topics there has never been any serious attempt to condemn the act of the Government. The attitude with respect to France and Germany has, however, been subjected to more considerable criticism. It is said that the English Cabinet should have remonstrated more energetically. Two railway trains are running on the same line at mad speed full tilt against each other. Byand-bye there is a fearful collision, followed by horrible slaughter and mangling of human bodies. You might have prevented the collision,' says Mr. Disraeli—‘ you might have told the drivers to stop.' 'I did shout to them to stop,' replies Mr. Gladstone, 'but by gesture they told me to stand aside and mind my own business.' 'You did not shout loud enough,' is the rejoinder; 'if you had shouted very loudly indeed they would have politely put on the breaks and turned off the steam.'

6

CHAPTER III.

ARMY REFORM.

ARMY REFORM was the most exciting topic of the session. From the time when it was announced in the Queen's Speech in February, until it received the Royal Assent in August, the measure for the better regulation of the military forces underwent a series of vicissitudes so many and various that they possessed an almost dramatic interest.

Upon the motion of Mr. Cardwell, Secretary of State for War, on the 16th of February, a Bill was ordered to be brought in 'for the better regulation of the regular and auxiliary land forces of the Crown.' Mr. Cardwell proposed that the system of purchasing commissions in the Army should cease; and he adverted to some circumstances connected with the early history of the purchase system. It appears to have existed almost from the time when this country first had a standing army, was prohibited by William III. for a short time, but was revived in 1701, and subjected to rules and regulations in 1711 and 1719. In 1857 a Royal Commission, of which the Duke of Somerset was chairman, recommended that, at least with regard to the command of a battalion, the purchase system should be discontinued. Some of the arguments against it are thus summed up in the Report:

It is contended that it is vicious in principle, repugnant to the public sentiment of the present day, and equally inconsistent with the honour of the military profession, and with the policy of the British empire. The system, it is moreover affirmed, produces ill effects on the constitution of the Army,

and impairs its efficiency by giving an undue pre-eminence to wealth, discouraging exertion and depressing merit.

It encourages habits of expense and dissipation, and is injurious to discipline and embarrassing to the poorer officers. . . The regulation price of commissions is a fiction. Cases of this kind lead to a traffic and bargaining among officers, whereby a mercenary feeling, it is alleged, is created in men whose guiding principles should be a nice sense of honour, and a disinterested attachment to the public service.

Before proceeding with Mr. Cardwell's statement, it may be well to state, by way of explanation, one or two familiar facts connected with the regular army. All the appointments of officers are made by and signed in the name of the Sovereign. The documents are called commissions. In the Navy, Artillery, and Engineers, commissions are conferred without purchase; but a different rule obtains with respect to officers of the Line. With some few exceptions, they obtain leave to enter the Army by the purchase of ensigncies, the prices of which are regulated by the Queen's Regulations, and when they proceed from a lower grade to a higher they pay the difference between the regulation prices of the two grades.

This method of buying and selling appointments in the public service is certainly an exception to the general policy of our law. A Statute made so long ago as the reign of Richard II., which Lord Coke speaks of as a law worthy to be written in gold, but more worthy to be put in due execution,1 ordains that the Chancellor, Treasurer, and all others that shall be called to make any officers or ministers of the King, shall be firmly sworn that they shall not make them

For any gift, brocage, favour or affection, nor that none which pursueth by him or by other privily or openly to be in any manner office, shall be put into the same office or any other, but that they make all such officers and ministers of the

1 1 Institutes, 234.

best and most lawful men, and sufficient to their estimation and knowledge.1

Again, a Statute of Edward VI., ' against buying and selling of offices,' directed that if any person bargained or sold any of the offices therein specified, including offices which concern the administration of justice, the control and management of the King's treasure and customs, and the keeping of castles and fortresses, should forfeit all interest in such offices, and be disabled to occupy them.

An Act of George III., passed in 1809, extends this Statute to all commissions, civil, naval, or military.' There is an exception, however, which provides that the Act shall not extend to

Purchases, sales, or exchanges of any commissions in His Majesty's forces for such prices as shall be regulated and fixed by any regulation made or to be made by His Majesty in that behalf, or to any act or thing done in relation thereto by any agents: Provided that such agents shall be agents of regiments authorised by the commander-in-chief of His Majesty's forces, or by the colonels and commandants of regiments or corps, and shall act therein under such regulations only as are or shall be from time to time established by His Majesty."

The next section provides

That every officer in His Majesty's forces who shall take, accept, or receive, or pay or agree to pay any larger sum, directly or indirectly, than what is allowed by any regulations made by His Majesty in relation to the purchase, sale, or exchange of commissions in His Majesty's forces, or who shall pay or cause to be paid any sum of money to any agent or broker, or other person for negotiating the purchase or sale or exchange of any such commission, shall, on being convicted thereof by a general court-martial, forfeit his commission, and be cashiered.

This last provision has been systematically violated for many years past. Notwithstanding the express

1 12 Ric. II. c. 2.

2 49 Geo. III. c. 126.

prohibition of the Statute, a practice has become established by which, in addition to the regulation price authorised by the Royal Warrant, there is paid, on the occasion of a commission being vacated, an 'overregulation price,' which depends on the custom of the regiment. The illegal practice was ignored and connived at by the War Office. Mr. Cardwell observes, in his speech of February 16:

Although everybody knew what over-regulation prices were, except those who were responsible, yet every one who was responsible was obliged to be entirely ignorant.

He stated that the abolition would cost the country a large sum of money, that it would be necessary to recognise to the full the customary price of commissions, and that the amount would be not less than seven-anda-half millions, and might be nearly eight-and-a-half millions. He added that the Government had come to the conclusion that the system of trafficking and purchase in this glorious profession ought to cease, and they therefore recommend to the House the abolition of the purchase system.'

เ

The Bill which he introduced proposed that Commissioners should be appointed to ascertain the customary prices. Officers, as they retired, were to receive the sums to which the custom would entitle them. Similar arrangements were proposed with reference to officers on half-pay selling and commuting their commissions, and to officers having claims by years of service to prices higher than their commissions. The details are technical, and need not be minutely noticed here. It is sufficient to say that by the admission of the most determined opponents of the Army Bill, the Government measure gave not merely an ample but a most liberal and generous compensation for the loss of the saleable value of commissions.

1 204 Hansard, 340.

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