[-101-]
CHAPTER X.
THE HOUSE OF COMMONS AND THE EARLY-CLOSING MOVEMENT.
WHEN is common sense to reign over man? According to Dr. Cumming, in a few
years we are to have the Millennium. Will it be then? I fear not. At any rate, I
am certain it will not be before.
Look, for instance, at the House of Commons: the Lords meet
for debate a little after five, p.m., and separate generally a little before
six, p.m., and it is perfectly astonishing what an immense amount of business
they get through; but the Commons meet at four, p.m., and sit till one or two,
a.m.; the consequence is, that very little business is done: that we have a
great deal too much talking; that really conscientious members, who will not
forsake their duties, but remain at their posts, are knocked up, and have to cut
Parliament for a time; and that what business is done is often performed in the
most slovenly and unsatisfactory manner. A few minutes' reflection will make
this clear. A bill is introduced, or, rather, leave is given to a member to
bring [-102-] it in. It is read a first time. To
the first reading of a bill generally little opposition is made. The member who
introduces it makes a long speech in its favour) and little discussion takes
place. The real fight is when it is read a second time. There are many ways of
throwing out a bill without the discourtesy of a positive rejection. The first
of these means consists in giving a preference to other "orders ;" the
second is, moving "the previous question." Another is, moving
"that the second reading take place this day six months." If the bill
get over the second reading, it then goes into committee, when objectionable
clauses are struck out and fresh ones added, till the original proposer of the
bill can hardly recognise his offspring. The bill is then read a third time, and
afterwards sent up to the Lords. Possibly the Lords object to some parts of it;
a conference with the Commons is then desired, which accordingly takes place,
the deputation of the Commons standing with uncovered heads, while the Lords,
with hats on, retain their seats. The matter being amicably arranged, and a
disagreeable collision avoided, the bill is passed through the Lords, where it
usually creates a far more orderly and less passionate debate than it has done
in the Commons. The Lords being assembled in their own House, the Sovereign, or
the Commissioners, seated, and the Commons at the bar, the titles of the several
hills which have passed both Houses are read, and the King or Queen's answer is
declared by the clerk of the Parliaments in Norman-[-103-]
French. To a bill of supply the assent is given in the following words
:-" Le roy (or, la reine) remercie ses loyal subjects,
accepte leur bénévolence et ainsi le veut." To a private bill
it is thus declared :-" Soit fail comme il est desire." And
to public general bills it is given in these terms :-"Le roy (or, la
reine) le veut. Should the Sovereign refuse his assent, it is in the gentle
language of "Le roy (or, la reine) s'aviser." As
acts of grace and amnesty originate with the Crown, the clerk, expressing the
gratitude of the subject, addresses the throne as follows:- "Les prélats,
seigneurs, el commons, en ce present Parliament assemblés, au nom
de tout vous autres subjects, remercient très-humblement votre majesté
et prieut a Dieu vous donner en santé bonne vie et longue." The
moment the royal assent has been given, that which was a bill becomes an Act,
and instantly has the force and effect of law, unless some time for the
commencement of its operation should have been specially appointed. Occasionally
a bill is introduced in the form of a motion, at other times as a resolution,
but generally the bill is the favourite form. Any bill which the Lords can
originate may be introduced and laid on the table by any individual peer,
without the previous permission of the house; but in the Commons, no bill can be
brought in unless a motion for leave be previously agreed to. Mr. Dodd tells us,
"During the progress of a bill the House may divide on the following
questions :-1. Leave to bring it in. 2. When brought in, whether it shall then
be read a first time, and if not, when? 3. On [-104-] the
first reading.. 4. On the second reading. 5. That it be committed. 6. On the
question that the Speaker do leave the chair, for the house to resolve itself
into such committee. 7. That the report of the committee be received. 8. That
the bill here-committed. 9. That it be engrossed. 10. That it he read a third
time. 11. That it do pass. 12. The title of the bill. These are quite exclusive
of any divisions concerning the particular days to be appointed for proceeding
with any stage of the measure, or of any proceedings in committee, or any
amendments, or any clauses added to or expunged from the measure in or out of
committee. Thus it is Acts of Parliament often made in one sense are ruled by
the judges to have another, and we have Acts to amend Acts in endless
succession. Tom Moore tells us of an Act of Parliament referring to a new
prison, in which it was stated that the new one should be built with the
materials of the old, and that the prisoners were to remain in the old prison
till the new one was ready. This is au extreme case, but blunders equally absurd
are made every day.
What is the remedy? Why, none other than the panacea
recommended by Mr. Lilwall as applicable to every earthly ill - the
Early-closing Movement. Early closing in the House of Commons would shut up the
lawyers, who want to make long speeches - the diners- out, who enter the House
ofttimes in a state of hilarity more calculated to heighten confusion than to
promote business - the young swells, to whom the House of Com-[105-]mons
is a club, and nothing more. We should have a smaller house, but one more ready
to do business; and if we should lose a few lawyers on promotion, and,
consequently, very industrious, very active, and very eloquent, that loss would
be compensated by the addition to the House of many men of great talent and
political capacity, who cannot stand the late hours and the heated atmosphere,
and the frightfully lengthy speeches, and the furious partisanship of the House
as at present constituted.
I have seen it suggested that a large board should be placed
behind the Speaker's chair; and that when any member makes a point, or advances
an argument, the point or argument, whether for or against the measure, should
be noted down and numbered; that a speaker, instead of repeating the point or
argument, as is now the case, should simply mention the No. 1, 2, or 3, as the
case may be, and say, "I vote for the bill because of No. 1," and so
on. We should then have no vain repetitions; business would be done better, and
more speedily; members would not be confused; the reporters would not have so
much trouble as now; and the patient public would be spared the infliction in
their daily organs of column after column of parliamentary debate. The advantage
of the Early-closing Movement in the House of Commons would be, that it would
compel the House to adopt some measure of the kind. It is curious to trace the
increase of late hours. In Clarendon's time "the House met always at eight
o'clock and rose at [-106-] twelve, which were the
old parliamentary hours, that the committees, upon whom the great burden of the
business lay, might have the afternoon for their preparation and despatch.
Sometimes the House seems to have met at cock-crowing. In the journals and old
orders of the House we find such entries as the following :-" March 26,
1604. Having obtained permission of her Majesty to attend at eight, the Commons
previously met at six to treat on what shall be delivered tending the reason of
their proceedings." Again, "May 31, 1614. Ordered, that the House
shall sit every day at seven o'clock in the morning, and to begin to read bills
for the first time at ten." The journals record that on Sunday, August 8,
1641, at six o'clock a.m., the Commons go down to St. Margaret's, and hear
prayers and a sermon, returning to the House at nine. This, however, was
occasioned by the eagerness of the members to prevent the king's journey to
Scotland, and a minute was made that it should not be considered as a precedent.
The Long Parliament resolved, "that whosoever shall not be here at prayers
every morning at eight o'clock shall pay one shilling to the poor." James
I. mentioned as an especial grievance, that the Commons brought the protestation
concerning their liberties into the House at six o'clock at night, by
candle-light! "I move," said Serjeant Wylde, "against sitting
in the afternoon. This council is a grave council and sober, and ought not to do
things in the dark." Sir A. Haselrigge said he never knew good come of
candles. Sir William Waddington [-107-] brought in
two from the clerk against the direction of the House, and was committed to the
Tower next morning. Having sat on the occasion till seven, Sir H. Vane
complained. "We are not able to hold out sitting thus in the night."
After the Revolution matters got worse. Bishop Burnet complains that the House
did not meet till twelve; and in the next generation Speaker Onslow adds,
"This is grown shamefully of late, even to two of the clock." In the
time of Pitt and Fox the evil reached its climax. The motion for the Speaker
leaving the chair on Fox's India Bill was put to the vote at half-past four in
the morning. During the Westminster scrutiny the House sometimes sat till six
a.m. Pitt, speaking on the slave-trade, introduced his beautiful quotation
relative to the sun as it was then just bursting on his audience. Sir Samuel
Romilly tells us that he would not unfrequently go to bed at his usual time, and
rising next morning somewhat earlier than usual would go down to be present at
the division. I think it was during the Reform debates that an hon. M.P., having
been present at the discussion the previous night, and being desirous to secure
a good place the next evening, went down to the House early in the morning for
that special purpose, and found the debate, at the commencement of which he had
been present, and which he thought had long been over, proceeding hotly and
furiously. In the last session of parliament time house sinned greatly in this
respect. I am told this state of things is for the advantage of the lawyers, who
otherwise would not be [-108-] able to attend in
the House at all; but it may be questioned whether this is such a benefit as
some suppose, and certainly the midnight hour, especially after mind and body
have alike been jaded by the strain of a long debate, is not the best for
passing measures of a legislative character; and yet it is in the small hours,
when members are weary, or, we fear, in some cases slightly vinous, or
indifferent and apathetic, that most of the real business of the nation is
performed. Now against this bad habit for many years Mr. Brotherton waged an
incessant but unsuccessful war. As soon as ever midnight arrived the hon.
gentleman was on his legs, warning honourable members of its arrival, and of the
injury which hate hours must necessarily occasion to their own health, and to
the satisfactory progress of public business. In his attempts Mr. Brotherton
then was aiming as much at the good of the nation as well as the advantage of
the members of the House. Many were the scenes occasioned by Mr. Brotherton's
importunity. Mr. Grant says, "I have seen one look him most imploringly in
the face, and heard him say, in tones and with a manner as coaxing as if the
party had been wooing his mistress, 'Do not just yet, Mr. Brother- ton; wait one
half hour until this business be disposed of.' I have seen a second seize him by
the right arm, while a third grasped him by the left, with the view of causing
him to resume his seat, and when his sense of duty overcame all these efforts to
seduce or force him from its path, I have seen a fourth honourable gentle-[109-]man
rush to the assistance of the others, and taking hold of the tail of his coat,
literally press him to his seat. I have seen Mr. Brotherton, with a perseverance
beyond all praise, in his righteous and most patriotic cause, suddenly start
again to his feet in less than five minutes, and move a second time the
adjournment of the House, and I have again had the misfortune to see physical
force triumph over the best moral purposes. Five or six times have I witnessed
time repetition of this in one night. On one occasion, I remember seeing an
honourable member actually clap his hand on Mr. Brotherton's mouth, in order to
prevent his moving the dreaded adjournment." Constant ill-success damped
Mr. Brothertou's ardour. There was a time when his object seemed attained, but
in the last session he attended the Commons were as bad as ever. Mr. Brother-
ton having made a futile attempt when the session was young, in favour of the
Early-closing Movement, abandoned his position in despair. The call for
Brotherton ceased to be a watchword with our less hopeful senators, and Mr.
Bouverie's view, that more business was got through after twelve o'clock at
night than before, appeared to be generally acquiesced in, with a species of
reluctant despair which was unanswerable. Still it is true that early to bed and
early to rise will make the Commons more healthy and wise, though the general
practice seems to be the other way.