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Notes Preface 1. C.H. Allen, ‘The Study of Scottish Politics: A Bibliographical Sermon’, Scottish Government Yearbook, 1980, p. 12. 2. David Milne, The Scottish Office, 1957. 3. John Gibson, The Crown and the Thistle, 1985. 1 Introduction 1. In a letter from Prime Minister Lord Salisbury to the Duke of Richmond and Gordon inviting him to accept the newly constituted post of Secretary for Scotland August 7, 1885. Quoted in H.J. Hanham ‘The Creation of the Scottish Office, 1881–87’, Juridical Review, 1965. 2. Ibid. 3. Richard Rose, Understanding the United Kingdom, 1982. 4. James Kellas, The Scottish Political System, 3rd edition, 1984. 5. For a discussion of the evolution of the Welsh Office see E.L. Gibson, A Study of the Council for Wales and Monmouthshire, 1948–1966; Ivor Gowan, Government in Wales; K.O. Morgan, A Study of the Attitudes and Policies of the British Political Parties Towards Welsh Affairs, Disestablishment of the Church, Education and Governmental Devolution in the Period 1870–1920; P.J. Randall, The Development of Administrative Devolution in Wales from the establishment of the Welsh Department of Education in 1907 to the creation of the post of Secretary of State for Wales in October 1964; P.J. Randall, ‘Wales in the Structure of Central Government’, Public Administration, Autumn 1972, vol. 50; Ian Thomas, The Creation of the Welsh Office: Conflicting Purposes in Institutional Change; Sir Percy Watkins, A Welshman Remembers. 6. James Molyneaux in speech to Unionist party conference, November 19, 1983: ‘It is time we started moving to a pattern resembling the Scottish Office which in 1929 [sic] was transplanted from Whitehall to Edinburgh for the purpose of making the Department more responsive to Scottish needs and more closely in touch with Scottish thinking.’ Molyneaux believed that this had led to continuity in both Ministerial and civil serv- ice appointments, an increased number of Scots in senior positions and a movement of Scots ‘outwards to Whitehall Departments’. As this book makes clear that was not quite what happened though Molyneaux shared his misunderstanding with many Scots. 7. B.C. Smith, Field Administration, 1967. 8. John Mackintosh, The Devolution of Power, p. 163. 9. Jack Brand, The National Movement in Scotland, p. 29. 10. B.C. Smith, Decentralisation, London, George Allen and Unwin. 11. Preston King, Federalism and Federation, London, Croom Helm, 1982, p. 133. 12. Ibid., ch. 11. Notes 217 13. S. Rokkan and D. Urwin ‘Introduction: centres and peripheries in western Europe’ in S. Rokkan and D. Urwin (eds) The Politics of Territorial Identity: Studies in European Regionalism London: Sage, 1982, p. 11. 14. Ibid. 15. James Mitchell, Strategies for Self-Government, Edinburgh, Polygon, 1996. 16. Walker Connor, ‘The Politics of Ethnonationalism’, Journal of International Affairs, vol. 27, 1973, p. 21. 17. James Kellas, The Scottish Political System, 1984. 18. For an alternative view see Arthur Midwinter, Michael Keating, James Mitchell, Politics and Public Policy on Scotland, 1991, especially, pp. 195–202. 19. W. Bagehot, The English Constitution, London, Fontana, 1981 [1867], p. 61. 20. See J. Mitchell, Conservatives and the Union, Edinburgh: Edinburgh University Press, 1990, p. 34. 21. S. Rokkan and D. Urwin ‘Introduction: centres and peripheries in western Europe’ in S. Rokkan and D. Urwin (eds) The Politics of Territorial Identity: Studies in European Regionalism London: Sage, 1982, p. 11. 22. Ibid. 2 The Origins of the Scottish Central Administration 1. H.J. Hanham, ‘The Creation of the Scottish Office, 1881–1887’ Juridical Review 1965, p. 205. 2. George S. Pryde, Central and Local Government in Scotland since 1707, pp. 18–19. 3. The one board which originated in the previous century was the Board of Manufactures in 1726 which was initially funded by Parliament for the ‘improvement and encouragement of fishery and manufactures in that part of Great Britain called Scotland’. However during the following cen- tury the board became increasingly concerned with industrial design, dec- orative arts and education in the fine arts. Sir David Milne, The Scottish Office, p. 212. 4. Sir Andrew Grierson, ‘One Hundred Years of Scottish Local Government’ Public Administration vol. 13, 1935, p. 230. 5. Ironically the principle advocate of the voluntary system, Dr Thomas Chalmers also led the disruption which made any scheme operated by the church impracticable and made a statutorily based compulsory scheme necessary. 6. Ian Levitt, Welfare and the Scottish Poor Law, 1890–1948, Edinburgh, Edinburgh University Press, 1983, p. 13. 7. Ibid., p. 18. 8. Mabel Atkinson, Local Government in Scotland, p. 369. 9. Ibid., p. 375. 10. Ian Levitt, op. cit., p. 19. 11. Report of the Commissioners appointed by the Lord Commissioners of Her Majesty’s Treasury to inquire into certain Civil Departments in Scotland, March 218 Notes 1870. The report states that the Board of Supervision gave written legal advice on their application on matters of law on 140 occasions in 1868, p. 3. 12. William C. Smith, The Secretary for Scotland, p. 2. 13. Ibid., p. 10. 14. Under the Fisheries Regulation (Scotland) Act, 1895, 58 and 59 Vict., c. 42 the constitution was amended to include a chairman and six Crown appointees, four of who were to be representatives of sea-fishing interests, one a sheriff and the other a scientist. 15. Henry Craik, The State and Education, p. 125. 16. Ibid., pp. 130–1. 17. Quoted in Sir Lewis Amherst Selby-Bigge, The Board of Education, p. 2. 18. Ibid., p. 361. 19. Second Report of the Argyll Commission inquiring into the schools of Scotland, Elementary Schools c. 3845, 1867, p. xliv. 20. It was proposed that the Board should have fourteen Members with a chairman and secretary nominated and paid by the Crown. Each of the four Scottish Universities were to have a representative and another four were to be chosen by the chief magistrates by Glasgow, Edinburgh, Dundee and Aberdeen who would all serve for three year terms. Each year the Commissioners of Supply of Inverness, Perth and Ayr would appoint one representative each. Three permanent members, named in the Act, would make up the board. Report of the Argyll Commission p. clxxvii. 21. James Scotland, A History of Scottish Education, vol. 1, p. 362. 22. Education Act, 1870, section 2 states that the Act ‘shall not extend to Scotland or Ireland’. 23. James Scotland, op. cit., vol. 1, p. 367. 24. The term ‘Scotch’ Education Department applied statutorily until the passage of the Education (Scotland) Act, 1918 from which time the Department became known as the ‘Scottish’ Education Department. 25. Quoted in James Scotland, op. cit,. vol. 1, p. 364. 26. Henry Craik, op. cit., p. 153. 27. For example see Hansard, Series 3, Commons, vol. 232, 15 February 1877, col. 374; vol. 241, 4 July 1878, col. 800. 28. Hansard, Series 3, Commons, vol. 232, 13 March 1877, col. 1852. 29. Ibid., vol. 241, 4 July 1874, col. 804. 30. William Watson, the Lord Advocate, became a Privy Councillor that year and became a member of the Committee on Education in Scotland on 2, April 1878. Lord Gordon of Drumearn, a Conservative, had been a Solicitor-General for Scotland from 1866–67 then became Lord Advocate from 1867–December 1868 and again from 1874–76. He became a Privy Councillor in 1874 and died on 21 August 1879. 31. Hansard, Commons, vol. 241, 4 July 1878, cols. 809–10. 32. Ibid., vol. 265, 6 August 1881, col. 34. 33. NAS, SOE 1/35. Thomas Cooper in note to Millar Craig, 29/10/1937. 34. A Secretary of State responsible for Scotland existed for much of the time from the Union until 1746: 1707 Earl of Loudon and Earl of Mar 1708–9 Duke of Queensberry Notes 219 1713 Earl of Mar 1714 Duke of Montrose 1716 Duke of Roxburghe 1741–2 Marquess of Tweeddale. 1717 The post was abolished finally in 1746 during the ’45 Rising. ‘The function of the third secretary [i.e. the Secretary of State for Scotland] had not been so much to justify such an appointment – as the control of parliamentary elections and the dispensing of gov- ernment patronage in line with English practice.’ Robert Rait and George S. Pryde, Scotland p. 163. 35. Henry Dundas, first Viscount Melville and Baron Dunira: Solicitor-General for Scotland 1766–75; Lord Advocate 1775–83; Home Secretary 1791–94; Secretary of State for War 1794–1801. Dundas was Scottish political manager from 1775–1805. In 1785, Boswell described him as ‘Henry the Ninth, Uncrowned King of Scotland’ and at the election of 1802 Dundas nominated forty-three of the forty-five Scottish MPs. 36. ‘The Powers and Duties of the Lord Advocate of Scotland’, Edinburgh Review, vol. 39, 1824, p. 370. The piece, unattributed at the time, was written by Lord Cockburn: Henry, Lord Cockburn, Memorials of His Times, p. 386. 37. Ibid., pp. 363–92. George W.T. Omond, The Lord Advocates of Scotland, vol. II, pp. 283–4. 38. Ibid., p. 285. 39. William Smith, The Secretary for Scotland, p. xii. 40. Hansard, Commons, vol. 150, 15 June, 1858, col. 2119. 41. The Scottish Rights Society, as it came to be known, included members such as the poet and Tory, W.E. Aytoun; Duncan McLaren, Lord Provost of Edinburgh and a leading Liberal; and P.E. Dove, a radical journalist. 42. Hansard, Lords, 6 April 1854, vol. 132, cols. 496–514. 43. Journal of Jurisprudence, vol. 1, 1857, p. 3. 44. Sir Reginald Coupland, Welsh and Scottish Nationalism, pp. 281–96. 45. Hansard, Series 3, Commons, vol. 139, 22 June 1855, cols. 19–21; vol. 150, 15 June, 1858, cols. 2118–50.
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