Queen Victoria to the Earl of Derby

ARMY COMMISSIONS

Osborne, 29th July 1858.

The Queen has been placed in a most unpleasant dilemma by the last vote in the House of Commons; she feels all the force of Lord Derby's objections to risking another defeat on the same question and converting the struggle into one against the Royal Prerogative; yet, on the other hand, she can hardly sit still, and from mere want of courage become a party to the most serious inroad which has yet been made upon it. It is the introduction of the principle into our legislation that the Sovereign is no longer the source of all appointments under the Crown, but that these appointments are the property of individuals under a Parliamentary title, which the Queen feels bound to resist. Lord John Russell's Motion and Sir James Graham's speech only went to the Civil appointments; but after their Motion had been carried on a division, Lord Stanley gave way to Sir De Lacy Evans also with regard to a portion of the Army! If this principle is recognised and sanctioned by the entire legislature, its future extension can no longer be resisted on constitutional grounds, and Lord John in fact reminded Lord Stanley that the latter had stated that he only refrained from making the application general from thinking it premature, himself being of opinion that it ought to be carried further, and yet its extension to the Army reduces the Sovereign to a mere signing machine, as, to carry the case to its extreme consequence, Law would compel her to sign the Commission for the officers, and they might have the right to sue at law for the recovery of their property vested in them by Act of Parliament (viz., their Commissions) if the Crown doubted for any reason the fitness of an appointment!! Have these consequences been considered and brought distinctly before Parliament? It strikes the Queen that all the Commons want is a Parliamentary security against the abolition of the Competitive System of Examinations by the Executive. Can this not be obtained by means less subversive of the whole character of our Constitution? The Queen cannot believe that Lord Derby could not find means to come to some agreement with the Opposition, and she trusts he will leave nothing undone to effect this.

Footnote 45: The Lords Amendments on the subject of competitive examination were rejected by a majority of thirteen in the Commons, and, in the circumstances, Lord Derby had advised abiding by the decision and not risking another defeat.