The pageant of Parliament, vol. 1 of 2MacDonagh, Michael
History
The pageant of Parliament, vol. 1 of 2
MacDonagh, Michael
Great Britain. Parliament
There is the famous case of Dr. Kenealy, counsel for “The Claimant,”
in the Tichborne Trial, who was disbarred by the Benchers of
Grey’s Inn, and afterwards returned for Stoke-upon-Trent at a
by-election in February 1875. He came to the Table alone. It is
not clearly established whether he failed to find two Members who
would accompany him as sponsors, or whether he wanted to put to the
test a custom which, in his opinion, was no part of constitutional
law. At any rate, the Speaker informed him that as he had not been
introduced by two Members, in accordance with the ancient usage of
the House—founded on a Standing Order dating from 1688—he could
not be sworn in or take his seat. Kenealy was, therefore, obliged
to withdraw from the House. No objection could be raised to Dr.
Kenealy’s election. He produced the certificate of his return as
Member for Stoke-upon-Trent. Everyone in the House knew that he was
the person named in the official document. He laboured under no legal
disability. Had he been returned at the General Election he could
have taken, without question, the oath and his seat. But coming
in at a by-election he was not allowed to do so solely because of
his inability to comply with what, after all, in this age is but a
mere ceremonial function. The position was, indeed, absurd. It was
impossible that a duly elected representative of the people could be
excluded from Parliament for so unsubstantial a cause. Accordingly, a
special resolution, moved by Disraeli, who was then Prime Minister,
was carried dispensing with the ancient introductory ceremony in the
particular case of Dr. Kenealy. In the course of the discussion John
Bright and another Member named Whalley intimated that they were
willing to walk up the floor with Kenealy “out of deference,” as
Bright put it, “to the will of a large constituency.” The Member for
Stoke-upon-Trent once more came to the Table unaccompanied; the oath
was administered to him and he signed the Roll—the sole instance of a
departure from a custom observed since 1688. Kenealy then disappeared
in the mass of Members among whom he could not count two friends.
“He was in the House, but not of it,” said Joseph Cowen, speaking in
1881. He was effectually and completely boycotted.
Public-domain text, read in full here on John Shaqi.
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