The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-05-25

does not hesitate to say that, ut the present
moment. and In the absence OF any new
legislation on the subject, there Is nothing
In tho law or In the custom of the British
constitution to prevent member OF the
House OF Commons. who succeeds TO a
Peerage OF England or the United Kingdom.
keeping his seat in the lower House.
What Is It that is now held to prevent
Peer being member Of tho House OF Com
mons9 Simply the fact that he is mem
Der OF Parliament. specially called by the
sovereign's writ OF summons to sit, not In
the lower. but in tho upper House. 1t Is
actual membership of the House OF Lords
and this alone. which prevents membership
OF the House OF Commons. That this is so
Is proved by the fact that when u member
OF the Commons House succeeds TO Poor
ago, his seat is not declared vacant till tho
writ summoning him to the House of Lords
has been issued to him. There may be tho
clearest possible evidence that his prcde-
cessor In the Pcerage has died. and that he
is tho heir. Nevertheless. tho House of
commons takes tho most elaborate precnu-
tions not to declare tho scat vacant until
tho Pecr has had tho Peers writ issued to
him. and has become an actual member OF
the House OF Lords. Mr.. STRACHEY brings
forward much additional evidence to sus-
tain his position. that it is membership OF
tho House Of Lords. produced by the issue
OF tho writ OF summons. and not anything
else. which dcprivcs British subject of the
right to sit In the lower House.
But Is 1t possible for man succeeding to
Peerage OF England or of the United
Kingdom to avoid tho issue Of the writ OF
summons? This question must certainly
be answered in the Affirmative. Tho writ
OF summons Is not issued as matter OF
course and automatically to the heir of a
dead Peer but only after certain formali-
ties have been completed. On the death OF
the Peer the heir applies to the Lord Chan
cellor for the issue of the writ. supporting
his application by his fathers marriage
certificate. by proof that he is the eldest son.
and by any furtherproof that may be deemed
necessary. When this has been done. but
not till then. the writ Of summons is issued
The inference is that all a member of the
House OF Commons need do who succeeds
to Peerase and wants to stop in the |
lower House is not to apply for the |
writ OF summons. 1t is true that no Peer |
has ever yet suspended his Peerage |
In this way. in order to keep his seat in the |
Commons: but Peers have done this very |
thing In order to keep certain posts in the
public service. whose tenancy is held to be
Incompatible with membership the House
Of Lords. BY neglccting. for instance. to
apply for the writ Of summons the late
Lord TENDERDEN contrived to remain
Permanent Under Secretary for Foreign
Affairs. and yet be Peer. 1t follows in
Mr.. STRACHEY's opinion that Lord HARTISG-
TON. although he had by his fathers death
become Duke Of DEvONsHIRE. might, had
no wished. have continued to lead the
Liberal Unionists in the House of Commons
II Mr.. STRACHEYS view of the right OF
Peers to sit in tho lower House were gen.
orally accepted and acted upon. what would
De the effect upon the House Of Lords Ev-
IDENTIFY this assembly would gradually lose
Ill the statesmen of the first rank. who. I'M
Ill they were inirm and unfit for the vigor-
JUS discharge OF public duties would prefer
20 remain in the lower House. Such n
state OF things would reduce the House of
Lords to even a lower level of influence than
t now occupies. On the other hand. the
as whole would profit by the
act that the House OF Commons. which is
he real repository OF power. would no
onger be deprived by accident of consid-
rable number Of able men whose services
night be OF importance to the country.