The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-18
How the House of Lords May BE Ended.


Now that the Duke Of DEvoSsH1nR has
shown disposition to take the control Of
the House of Lords out Of the hands Of Lord
SALISBURY. It has become less probable
that the hereditary legislators will venture
to stake their existence on q struggle with
the Commons. Already. In the lower House.
most OF the Liberal Unionists have sided
with the Gladstonians In refusing to accept
the amendments made by the Lords to the
Parish Councils bill. and the inference 10
that the latter will presently recede from
their amendments. II the Gladstonians
show equal frmness with regard to tho
Employers Liability bill. similar results
may be expected. That is to say. the Duke
Of DEvoSsHIRE seems likely 70 play the
same part which was taken by the Duke Of
WELLINGTON In 1882. when the latter saved
the Lords from the threatened consequences
of their folly by dlssuading them from any
further resistance to the will Of the people,
But what are the consequences with which
the Lords are threatened. should they per-
sist in thwarting the plans OF the popular
branch OF the legislature2 That question
was distinctly answered last week. during
the meetings OF the National Liberal Fed
GRAFTON. by Sir WILLIAM HARcoURr and
other leaders Of the Gladstonian party.
What the Lords are threatened with is moth
ing less than the humiliation Of their legis-
lative capacity.
Let US consider how such humiliation
could be effected. OF course. Sir WILLIAM
HARooURr and every other English states
man Ia aware that the abolition Of the
House OF Lords against It's will would be
an unconstitutional proceeding. The word
constitutional. however. has O very differ
emit significance In England from that which
1t bears In the United States; and 1t Is in
vested In the former country with but little
OF the awe and reverence which the term
excites In the United States. The British
Constitution Is not. like ours, . written in
strument. the Interpretation OF which be-
longs TO a judicial tribunal independent OF
the legislature. and amendments of which
can only be brought about by elaborate.
extra-parliamentary machinery. The only
bulwark OF the British Constitution Is pub
lie opinion; and the sole authentic index of
British public opinion. with reference to
given question. Is the declaration OF a House
OF Commons. chosen at a general election
turning exclusively or mainly on that ques-
tion Is amended every timo an act Of Par
lament is passed. Is a truth too trite to
need repeating. But what Is less clearly
recognized is the fact that practically the
power OF amendment lies In the last
resort with the sole DYNAMIC factor OF
the legislature. which. since 1882, has
been the House OF Commons. The popular
branch OF the legislature. the only branch
which retains real vitality. can not only
amend the Constitution under the forms OF
law by eoercing the House OF Lords. as 1t is
now doing In the matter Of the Parish
Councils bill; but. II driven TO such q
course. 1t can go further and amend the
In defiance OF the forms Of
law. by refusing TO recognize the House Of
Lords as . participant In the legislative
This Is precisely what was done
by the House OF Commons In the time Of
the Long Parliament. when it pronounced
the House OF Lords a useless and obstrue-
tive body. and declined any longer to ac-
knowledge its existence. The same thing
could be done tomorrow, Such q proceed
Ing would undoubtedly be unconstitutional
In the technical sense OF ignoring a trAdi-
tional and decorative element OF the Con-
stitution; In the eye Of the law 1t would be
but. as no one either could
or would execute the Law against the Com
mons. the revolution would be q peaceful
one. It 10 prePosterous TO suppose that the
Crown could or would side with the Lords
against the peoples representatives.
Let US consider in detail the method by
which the extinction OF the Lords could be
easily and quickly compGssed. We will
assume. as = condition precedent. that the
proposal to abolish the hereditary legislA-
ture has been submitted TO the people, and
has been sanctioned by an immense ma
lonty. We have no doubt as to the result
of such an appeal. from which such prudent
men as the Duke Of DEvoEsHIRE naturally
shrink. forsseeing that the tsst would re-
veal the appalling weakness Of their order.
The House VI Commons. which should b
Ihs outcome Of such test. would simply
asSd 70 DAss 4 resolution refuslnR 70 sana