The Constitutional History of England from 1760 to 1860 — John Shaqi
The Constitutional History of England from 1760 to 1860Yonge, Charles Duke
History
The Constitutional History of England from 1760 to 1860
Yonge, Charles Duke
Constitutional history -- Great Britain; Great Britain -- History -- 19th century; Great Britain -- History -- George III, 1760-1820
House to control the conduct of its members is a wholly different thing
from a right to determine who are or ought to be members; and that for
the House to claim this latter right, except on grounds of qualification
or disqualification legally proved, would be to repeat one of the most
monstrous of all Cromwell's acts of tyranny, when, in 1656, he placed
guards at the door of the House, with orders to refuse admission to all
those members whom, however lawfully elected, he did not expect to find
sufficiently compliant for his purposes. Mr. De Grey's argument was of a
different character, being based on what he foretold would be the
practical result of a decision that expulsion did not involve an
incapacity to be re-elected. If it did not involve such incapacity, and
if, in consequence, Mr. Wilkes should be re-elected, he considered that
the House would naturally feel it its duty to re-expel him as often as
the constituency re-elected him. But one answer given to this argument
was, that to expel a second time would be to punish twice for one
offence, a proceeding at variance not only with English law but with
every idea of justice. Another, and one which has obtained greater
acceptance, was, that the legitimate doctrine was, that the issue of a
new writ gave the expelled member an appeal from the House to the
constituency, and that the constituency had a constitutional right to
overrule the judgment of the House, and to determine whether it still
regarded the candidate as its most suitable representative.
The ministers, however, were, as before, strong enough in the House to
carry their resolution. But the Opposition returned to the charge,
taking up an entirely different though equally general position, "That,
by the law of the land and the known law and usage of Parliament, no
person eligible by common right can be incapacitated by vote or
resolution of this House, but by act of Parliament only." It is
remarkable that, in the debate which ensued, two members who
successively rose to the dignity of Lord Chancellor, Mr. Thurlow and Mr.
Wedderburn, took different sides; but nothing could shake the
ministerial majority. The resolution was rejected. And when Lord
Rockingham proposed the same resolution in the House of Lords, though it
was supported by all the eloquence of Lord Chatham, he was beaten by a
majority of more than two to one, and the ministers even carried a
resolution declaring "that any interference of the House of Lords with
any judgment of the House of Commons, in matters of election, would be a
violation of the constitutional rights of the Commons."
Public-domain text, read in full here on John Shaqi.
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