§ MR. HORSMANSir, I have a question to put to the noble Lord at the head of the Government with respect to the coming Conference on the affairs of Denmark. I assume that in the Conference our representative may undertake certain engagements on the part of England which will not be valid until ratified by the Crown in the exercise of its prerogative under the advice of its responsible Ministers. The question I have to ask is, Whether Ministers, before they determine upon the advice they shall give to the Crown, will submit such engagements to the consideration of Parliament, so as to obtain the consent of Parliament before they advise their ratification by the Crown?
§ VISCOUNT PALMERSTONSir, my right hon. Friend is no doubt well aware that, in a mixed Constitution like ours, each branch has its separate functions, though those functions are very often so interwoven with one another that it is very difficult to draw a definite line between them. Nothing but great forbearance on the part of each branch enables the aggregate whole to work harmoniously as a Government. But there are matters in respect to which the line is distinct, precise, understood, and acknowledged. Such is the case with regard to the functions of negotiating and making treaties with Foreign Powers. That function is known to be distinctly with the Crown, acting under the advice of its responsible Ministers; and if the case should arise which is contemplated by my right hon. Friend, of which I am not at all aware, we should deem it our duty to adhere 788 strictly to the spirit and practice of the Constitution.
§ MR. HORSMANI hope the noble Lord will excuse me, but I am afraid I have not made my question quite intelligible. I know, of course, that the Government would adhere, in whatever course they may adopt, to the principles and practice of the Constitution; but my question has reference to the practice of the Constitution so far as this, that the Crown exercises its prerogative under the advice of its responsible Ministers, and that those Ministers act under the control and advice of Parliament. I therefore wish to know whether Her Majesty's Ministers, before tendering their advice to the Crown, will give Parliament an opportunity of considering it?
§ VISCOUNT PALMERSTONI thought my answer went precisely to that point. It is not the practice, nor is it in accordance with the principles of the Constitution, that the Crown should ask the advice of its Parliament with respect to engagements which it may be advised are proper to be contracted. I ought, perhaps, to have added something with regard to the question of my right hon. Friend, whether, if the Plenipotentiary of England in the Conference should agree to certain engagements which would afterwards have to be ratified by the Crown, Parliament would be consulted between those two events. My right hon. Friend must be aware, that by international usage, the only ground upon which a Sovereign can refuse to ratify engagements made by a duly authorized Plenipotentiary, acting of course upon instructions, is that he has entered into such engagements either without instructions or against instructions. There is a Conference to be held in London, and it is not to be supposed that my noble Friends who are to represent this country will act either without instructions or against instructions.
§ MR. HORSMANIs there any case of exceeding instructions?
§ VISCOUT PALMERSTONIf a Plenipotentiary goes beyond his instructions he does that which is not authorized by his instructions, and therefore he acts either without instructions or against instructions.