The Secretary for the Colonial depart ment performs for the colonies the same functions that the secretary for the home department performs for Great Britain.
Each Secretary of State is assisted by two under-secretaries of state, nominated by himself; one of whom is usually per manent, and the other is dependent upon the administration then in power. There is likewise in each department a large establishment of clerks appointed by the principal secretary.
The power to commit persons on sus picion of treason is incident to the office of principal secretary of state—a power which, though long exercised, has been often disputed. It is not necessary here to give the arguments on both sides ; they are discussed with great care by Lord Camden in the case above cited (Entick v. Carrington), which was one of the numerous judicial inquiries arising out of the dispute between the Crown and John Wilks at the beginning of the reign of George The conclusions to which Lord Camden comes are—that the secre tary of state is not a magistrate known to the common law ; that the power of corn.
mitment for state offences, which he has for many ages exercised, was used by him as an immediate delegation from the person of the king, a fact which may be inferred, among other things, from the debates in parliament in the time of Charles I., when Secretary Cook claimed
the power on that ground; that never theless courts of justice must recognise this power, inasmuch as there has been constant usage of it, supported by three judicial decisions in favour of it since the Revolution, viz., by Lord Holt, in 1695 (Rex v. Kendal and Rowe) ; by Chief Justice Parker, in 1711 (Queen v. Derby); and by Lord Hardwieke, in 1734 (Rex v. Earhury). In a more recent case (King v. Despard, 1798), Lord Kenyon says, " I have no difficulty in saying that the secretaries of state have the right to com mit ;" and he hints that Lord Camden felt too much doubt on the subject. The secretary of state has also power to issue a warrant by which he may direct letters to be opened which are sent through the post-office. This power is occasionally exercised, and was the subject of much discussion in parliament in 1845.
There is also a chief secretary for Ire land, resident in Dublin (except when parliament is sitting), and he has always an under-secretary there. He corresponds with the home department, and is under the authority of the lord-lieutenant of Ireland. His office is called that of se cretary to the lord-lieutenant ; but it is analogous to the office of secretary of state. He has sometimes, though very rarely, been a member of the cabinet.