New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1901-06-30

vote by Which Mr.. Gladstone's Home Rule bill.
after being passed by the House OF Commons.
was killed by the House of Lords
There are two distinct and separate classes OF
issues upon which the House of Lords is called
to sit in Judgment in its entirety. The first of
these is when the House of Commons impeaches
citizen. be he Cabinet minister. high official
or royal parsonage. In that case the House of
Commons assumes the role of prosecutor. s it
did, for instance in the memorable instance of
Warren Hastings tried by the House of Lords
after impeachment by the House OF Commons.
on charges of corruption and oppression, while
Governor-General of India The second case is
when peer OF the realm is charged with trea-
son, "misprision'' or felony. In that event he
claim trial. not by any ordinary court of
law. by his fellow peers. namely the House
OF Lords. This prerogative extends to his wife
and likewise to peers widow, unless the latter
happens to have forfeited her prerogatIves as a.
peeress by remarriage with a man who does not
happen to be peer of the realm. Both Irish
peers and Scotch peers who have no seats in the
House Of Lords as representative peers of their
respective kingdoms. are nevertheless entitled
to trial by the Upper Chamber of the national
Legislature. But this prerogative is not enjoyed
by bishops and archbIshops who form part of
the Upper House. since they are not, strictly
speaking spiritual peers" they often
enormously described, but merely spiritual lords
Of Parliament" which is quite different thing.
Thus although the Archbishop OF Canterbury
ranks Immediately after the royal family, enjoys
the pas over everyone else in the realm, pre-
ceding even the Lord High Chancellor and the
Premier, as we'll all dukes. yet were he to rem
der himself guilty OF felony he could not claim
trial by the House of Lords but would be
able 10 the ordinary courts of law as are indeed
all other archbishops and bishops.
TREASON. "MIsPRIsIoN" AND FELONY.
It should be understood that it is only in cases
OF treason. ''misprison" and felony that peers
and peeresses are entitled TO trial by the House
of Lords For minor offences they are subject
TO the jurisdiction of the ordinary courts of law.
and 1t is a moot question TO whether peers
who are bankrupt. and who. through their fail
ure to secure a discharge in bankruptcy. are
temporarily deprived Of their prerogatIves as
hereditary legislators can claim trial by the
House of Lords Thus were. for instance, the
young Duke Of Manchester to become involved
in any scrape entailng charges of felony or mis-
PRISON. it is probable that he would be de-
barred from the right OF trial by the House of
Lords, owing to the fact of his being an undis-
charged bankrupt.
There seems to be an impression that in the
event Of Parliament not being in session, the
Lord High Steward of the realm form
court at his own discretion. by choosing whom
soever he pleases from the House OF Lords. But
this is not the case. For law passed some two
hundred years ago renders it obligatory upon
the Lord High Steward in the event OF ParlIa-
ment being rrorogued at the time OF the trial. 10
summon all the peers who have a right to sit
and vote I'm Parliament" There is no Lord High
Steward at present and II will be the duty OF
King Edward TO issue a commission appointing
one 10 preside at the trial Of Earl Russell Judg-
ing by precedent. he Will probably nominate the
Lord High Chancellor. who Will. however only
exercise his office High Steward. and Grand
Seneschal of the Realm while the trial lasts and
will break his white wand OF Office as such as
soon as the trial is brought to a close. and the
House OF Lords has decided by a majority of
votes whether Earl Russell is guilty or not OF
the felony known as biEamy.
But VIII the Earl demand trial by his peers?
or can he legally insist on being tried by the or
binary courts? The latter IS a question which
has never yet been determined, most legal au-
thoriues holding that he must be tried by the
House OF Lords. whether he wishes II not
EX-ATTACHE.