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An impartial judgment unfettered by party trammels, or the prejudices of routine, can only answer these propositions in the affirmative. And yet, whilst all other questions of administrative practice have been, and are habitually made the subject of jealous and painstaking scrutiny, there has, as yet, been no attempt at reform in a department of Government which, it is no exaggeration to say, transcends all others in magnitude and importance. In justification of the last portion of the above remarks, it may be observed that in matters of internal policy, and notably in the imposition of taxes, a false step on the part of the executive is immediately controllable by Parliament, and may be remedied before any ill consequences have occurred: thus, a proposed tax on matches, for instance, was withdrawn, and the desiderated amount made up by imposing an additional penny on the income tax; whereas an error in foreign policy, whether it be of war, or peace, or other diplomatic arrangement, involving, perhaps, thousands of lives, millions of treasure, or the dearest sovereign rights of the State, is irrevocable, and without remedy, until it has run its course.

The object of the writer of the following pages is to show that the people of this country have a constitutional right, through their representatives, to know and control what is being done in their name, and on their behalf, and in respect of which they are to be responsible in their lives, their property, and their honour; and that the practice of secrecy, under a pretended prerogative of the

crown, in matters of peace, war, and alliances, is mischievous and untenable, repugnant alike to reason and to the old and recognized principles of the constitution of this, and other nations of Europe.

Whilst the first part of this work will be devoted to the advocacy of the general principle as to the right and duty of Parliament to advise and control the crown in matters of state policy, supported by reference to authority, and historical precedent; the second part will illustrate the mischiefs which have crept up in modern times through a neglect of that wholesome constitutional practice, by a copious analytical scrutiny of the recent Treaty of Washington and the negociations which preceded and followed it, the latter being continued down to the date of the adjournment of the Tribunal of Arbitration at Geneva, on the 28th June.

If, in the course of the latter portion of these pages, there should appear occasional repetitions, and somewhat of irregularity in the order and method of treatment of the different subjects, the reader is requested to make kind allowance for it, in consideration of the circumstance that the work has necessarily been written during the fluctuating progress of the events to which it refers.

June 29th, 1872.

ON THE

ERRORS AND MISCHIEFS

OF

ERRATA.

Page 156, line 2, for "Lord" read Lieut.

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consider it as 66 a fact;"-something inge time-honoured institutions, which it would be sacrilege to presume to scrutinize or disturb. It is true that, as history shows, the working of the system has not always been exactly satisfactory-at any rate has not always given entire satisfaction to the country, whose honour amongst nations, as well as more substantial interests, is involved in the results of such transactions. True, that occasionally when

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crown, in matters of peace, war, and alliances, is mischievous and untenable, repugnant alike to reason and to the old and recognized principles of the constitution of this, and other nations of Europe.

Whilst the first part of this work will be devoted to the advocacy of the general principle as to the right and duty of Parliament to advise and control

it, in consideration of the circumstance that the work has necessarily been written during the fluctuating progress of the events to which it refers.

June 29th, 1872.

ON THE

ERRORS AND MISCHIEFS

OF

MODERN DIPLOMACY.

PART I.

THE SO-CALLED PREROGATIVE OF THE CROWN IN MATTERS OF PEACE AND WAR DENOUNCED AS UNCONSTITUTIONAL.

THE so-called prerogative of the crown to regulate at its discretion, under the advice of its Ministers for the time being, all matters of peace and war, and other international arrangements with foreign states, has been so long exercised and tacitly submitted to, that people have become accustomed to consider it as "a fact;"-something indigenous in our time-honoured institutions, which it would be sacrilege to presume to scrutinize or disturb. It is true that, as history shows, the working of the system has not always been exactly satisfactory-at any rate has not always given entire satisfaction to the country, whose honour amongst nations, as well as more substantial interests, is involved in the results of such transactions. True, that occasionally when

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