The Savannah morning news., 1901-07-08
does the sovereign, who is the last r
sort in all legal ISSUES.
The House Of Iords

49, =" vi 4Se"i -
The House of Lords.
The tribunal. however, by which Earl
Russell is likely to be judged is entirely
different from either of the courts Just
mentioned. In the first place. it's mem
bership is in no sense restricted to the
so-called Law Lords of the Upper Cham
Der of the national legislature. On the
contrary, every temporal peer who is
not minor or a bankrupt has a right to
take part in 1t. and to sit In Judgment
in the case brought before it. Even in
sanity is no bar. Earl Russelrs guilt
or innocence of the charge of bigamy
will be determined by a majority of votes,
and there is nothing to prevent the de-
cisive votes being cast by peers who
are iunatics. For II is impossible TO for
get that no less than three peers were
brought from insane asylums to West
minister in charge os their keepers to
take part in the memorable vote by
which Mr.. Gladstones 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 a citizen,
be he cabinet minister. high official or
royal parsonage. In that case the House
of Commons assumes the role of prosecu-
tor as it did, for instance. in the memo
rable instance OF Warren Hastings, tried
by the House of Lords, after impcach-
ment 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 treason. 'misprison" or
felony In that event he can claim trial,
not by any ordinary court of law. by hts
fellow peers, namely, the House of Lords.
This prerogative extends to his wife, and
likewise to peers widow. unless the lat
ter happens to have forfeited her pre-
negatives as O peeress by remarriage with
man who does not happen to be a 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, never
theless, entitled to trial by the Upper
Chamber of the national legislature. But
this prerogative is not enjoyed by bishops
and archbshops. who form part of the
upper house, since they are not, strictly
speaking. spiritual peers" as they are
often enormously described but merely
spiritual lords of Parliament" which is
quite a different thing. Thus although
the Archbishop of Canterbury ranks i'm
mediately after the royal family. enjoys
realm, preceding even the Lord High
Chancellor and the premier as well os
all dukes, yet were he to render himself
guilty of a felony he could not claim trial
by the House of Lords, but would be
amenable to the ordinary courts of law,
as are, indeed. all other archbishops and
bishops
Treason, "SSlsprIsOn' and Felony.
II should be understood that IL is only
In cases Of treason "misprision' and fell
cny that peers and peeresses are entitled
to trial by the House of Lords. For minor
offenses they are subject to the jurisdic-
tion OF the ordinary courts of law and
IL Is a moot question as to whether peers
who are bankrupt, and who, through their
failure to secure discharge in bankrupt
cy, are temporarily deprived OF their pre-
negatives as hereditay legislators, can
claim trial by the House of Lords. Thus
" ere, for instance, the young Duke Of
Manchester to become involved in any
scrape entailing charges of felony or mis-
prison" II Is probable that he would be
debarred from the right of trial by the
House of Lords, owing to the fact of his
being an undischarged bankrupt.
There seems to be an impression that
in the event of Parliament not being in
session, the Lord High Steward OF the
realm can form a court at his own dis
cretion by choosing whomsoever he
pleases from the House of Lords. But this
is not the case. For law passed some
two hundred years ago renders 1t obliga-
tory upon the Lord High Steward, In the
event of Parliament being prorogued a:
the time Of the trial, to summon all the
peers who have right to sit and vote
in Parliament" There is no Lord High
Steward at present, and 1t will be the duty
of King Edward to issue a commission
appointing one to preside at the trial Of
Earl Russell. Judging by precedent. he
Will probably nominate the Lord High
Chancellor, who will however, only exer-
else his office as High Steward. and
Grand Seneschal of the Realm while the
trial lasts and will break his white wand
of Office as such 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 bigamy.
But will the Earl demand trial by his
peers? Or can he legally insist on being
tried by the ordinary courts? The latter
Is question which has never yet been
determined most legal authorities hold
ing that he must be tried by the House
of Lords, whether he wishes 1t or not.