It is a strange process, and to a new member who has been endeavouring through his life to weigh arguments and evidence with scrupulous care, and treat the formation and expression of opinions as a matter of serious duty, it is at first very painful. He finds that he is required again and again to give an effective voice in the great council of the nation, on questions of grave importance, with a levity of conviction upon which he would not act in the most trivial affairs of private life. No doctor would prescribe for the slightest malady; no lawyer would advise in the easiest case; no wise man would act in the simplest transactions of private business, or would even give an opinion to his neighbour at a dinner party without more knowledge of the subject than that on which a member of Parliament is often obliged to vote. But he soon finds that for good or evil this system is absolutely indispensable to the working of the machine. If no one voted except on matters he really understood and cared for, four-fifths of the questions that are determined by the House of Commons would be determined by mere fractions of its members, and in that case parliamentary government under the party system would be impossible. The stable, disciplined majorities without which it can never be efficiently conducted would be at an end. Those who refuse to accept the conditions of parliamentary life should abstain from entering into it.
It is obvious that the one justification of this system is to be found in the belief that parliamentary government, as it is worked in England, is on the whole a good thing, and that this is the indispensable condition of its existence. Probably also with most men it strengthens the disposition to support the Government on matters which they do not understand and in which grave party issues are not involved. They know that these minor questions have at least been carefully examined on their merits by responsible men, and with the assistance of the best available expert knowledge.
This fact goes far to reconcile us to the tendency to give governments an almost complete monopoly in the initiation of legislation which is so evident in modern parliamentary life. Much useful legislation in the past has been due to private and independent members, but the chance of bills introduced by such members ever becoming law is steadily diminishing. This is not due to any recognised constitutional change, but to the constantly increasing pressure of government business on the time of the House, and especially to what is called the twelve o'clock rule, terminating debates at midnight.
It is a rule which is manifestly wise, for it limits on ordinary occasions the hours of parliamentary work to a period within the strength of an average man. Parliamentary government has many dubious aspects, but it never appears worse than in the cases which may still sometimes be seen when a Government thinks fit to force through an important measure by all-night sittings, and when a weary and irritated House which has been sitting since three or four in the afternoon is called upon at a corresponding hour of the early morning to pronounce upon grave and difficult questions of principle, and to deal with the serious interests of large classes. The utter and most natural incapacity of the House at such an hour for sustained argument; its anxiety that each successive amendment should be despatched in five minutes; the readiness with which in that tired, feverish atmosphere, surprises and coalitions may be effected and solutions accepted, to which the House in its normal state would scarcely have listened, must be evident to every observer. Scenes of this kind are among the greatest scandals of Parliament, and the rule which makes them impossible except in the closing weeks of the Session has been one of the greatest improvements in modern parliamentary work. But its drawback is that it has greatly limited the possibility of private member legislation. It is in late and rapid sittings that most measures of this kind passed through their final stages, and since the twelve o'clock rule has been adopted a much smaller number of bills introduced by private members find their way to the statute book.
FOOTNOTES:
[35] O'Brien, The Lawyer, pp. 169, 170.
[36] Dictionnaire de Cas de Conscience, Art. 'Avocat;' Migne, Encyclopédie Théologique, i. serie, tome xviii.
[37] Revue de Droit International, xxi. 615.
[38] See Sir James Stephen's General View of the Criminal Law of England, pp. 167, 168.
[39] Phillips's defence of his own conduct will be found in a pamphlet called 'Correspondence of S. Warren and C. Phillips relating to the Courvoisier trial.' It has often been said that Phillips had asserted in his speech his full belief in the innocence of his client, but this is disproved by the statement of C. J. Tindal, who tried the case, and of Baron Parke, who sat on the bench. C. J. Denman also pronounced Phillips's speech to be unexceptionable. An able and interesting article on this case by Mr. Atlay will be found in the Cornhill Magazine, May, 1897.