At present the chance majorities on minor questions in the House of

Commons are subject to no effectual control. The nation never attends

to any but the principal matters of policy and State. Upon these it

forms that rude, rough, ruling judgment which we call public opinion;

but upon other things it does not think at all, and it would be useless

for it to think. It has not the materials for forming a judgment: the

detail of bills, the instrumental part of policy, the latent part of

legislation, are wholly out of its way. It knows nothing about them,

and could not find time or labour for the careful investigation by

which alone they can be apprehended. A casual majority of the House of

Commons has therefore dominant power: it can legislate as it wishes.

And though the whole House of Commons upon great subjects very fairly

represents public opinion, and though its judgment upon minor questions

is, from some secret excellencies in its composition, remarkably sound

and good; yet, like all similar assemblies, it is subject to the sudden

action of selfish combinations. There are said to be 200 "members for

the railways" in the present Parliament. If these 200 choose to combine

on a point which the public does not care for, and which they care for

because it affects their purse, they are absolute. A formidable

sinister interest may always obtain the complete command of a dominant

assembly by some chance and for a moment, and it is therefore of great

use to have a second chamber of an opposite sort, differently composed,

in which that interest in all likelihood will not rule.

The most dangerous of all sinister interests is that of the executive

Government, because it is the most powerful. It is perfectly

possible--it has happened and will happen again--that the Cabinet,

being very powerful in the Commons, may inflict minor measures on the

nation which the nation did not like, but which it did not understand

enough to forbid. If, therefore, a tribunal of revision can be found in

which the executive, though powerful, is less powerful, the Government

will be the better; the retarding chamber will impede minor instances

of Parliamentary tyranny, though it will not prevent or much impede

revolution.

Every large assembly is, moreover, a fluctuating body; it is not one

house, so to say, but a set of houses; it is one set of men to-night

and another to-morrow night. A certain unity is doubtless preserved by

the duty which the executive is supposed to undertake, and does

undertake, of keeping a house; a constant element is so provided about

which all sorts of variables accumulate and pass away. But even after

due allowance for the full weight of this protective machinery, our

House of Commons is, as all such chambers must be, subject to sudden

turns and bursts of feeling, because the members who compose it change

from time to time. The pernicious result is perpetual in our

legislation; many Acts of Parliament are medleys of different motives,

because the majority which passed one set of its clauses is different

from that which passed another set.

But the greatest defect of the House of Commons is that it has no

leisure. The life of the House is the worst of all lives--a life of

distracting routine. It has an amount of business brought before it

such as no similar assembly ever has had. The British Empire is a

miscellaneous aggregate, and each bit of the aggregate brings its bit

of business to the House of Commons. It is India one day and Jamaica

the next; then again China, and then Schleswig-Holstein. Our

legislation touches on all subjects, because our country contains all

ingredients. The mere questions which are asked of the Ministers run

over half human affairs; the Private Bill Acts, the mere privilegia of

our Government--subordinate as they ought to be--probably give the

House of Commons more absolute work than the whole business, both

national and private, of any other assembly which has ever sat. The

whole scene is so encumbered with changing business, that it is hard to

keep your head in it.

Whatever, too, may be the case hereafter, when a better system has been

struck out, at present the House does all the work of legislation, all

the detail, and all the clauses itself. One of the most helpless

exhibitions of helpless ingenuity and wasted mind is a committee of the

whole House on a bill of many clauses which eager enemies are trying to

spoil, and various friends are trying to mend. An Act of Parliament is

at least as complex as a marriage settlement; and it is made much as a

settlement would be if it were left to the vote and settled by the

major part of persons concerned, including the unborn children. There

is an advocate for every interest, and every interest clamours for

every advantage. The executive Government by means of its disciplined

forces, and the few invaluable members who sit and think, preserves

some sort of unity. But the result is very imperfect. The best test of

a machine is the work it turns out. Let any one who knows what legal

documents ought to be, read first a will he has just been making and

then an Act of Parliament; he will certainly say, "I would have

dismissed my attorney if he had done my business as the legislature has

done the nation's business". While the House of Commons is what it is,

a good revising, regulating and retarding House would be a benefit of

great magnitude.

But is the House of Lords such a chamber? Does it do this work? This is

almost an undiscussed question. The House of Lords, for thirty years at

least, has been in popular discussion an accepted matter. Popular

passion has not crossed the path, and no vivid imagination has been

excited to clear the matter up.

The House of Lords has the greatest merit which such a chamber can

have; it is POSSIBLE. It is incredibly difficult to get a revising

assembly, because it is difficult to find a class of respected

revisers. A federal senate, a second House, which represents State

unity, has this advantage; it embodies a feeling at the root of

society--a feeling which is older than complicated politics, which is

stronger a thousand times over than common political feelings--the

local feeling. "My shirt," said the Swiss state-right patriot, "is

dearer to me than my coat." Every State in the American Union would

feel that disrespect to the Senate was disrespect to itself.

Accordingly, the Senate is respected; whatever may be the merits or

demerits of its action, it can act; it is real, independent, and

efficient. But in common Governments it is fatally difficult to make an

UNpopular entity powerful in a popular Government.

It is almost the same thing to say that the House of Lords is

independent. It would not be powerful, it would not be possible, unless

it were known to be independent. The Lords are in several respects more

independent than the Commons; their judgment may not be so good a

judgment, but it is emphatically their own judgment. The House of

Lords, as a body, is accessible to no social bribe. And this, in our

day, is no light matter. Many members of the House of Commons, who are

to be influenced by no other manner of corruption, are much influenced

by this its most insidious sort. The conductors of the press and the

writers for it are worse--at least the more influential who come near

the temptation; for "position," as they call it, for a certain intimacy

with the aristocracy, some of them would do almost anything and say

almost anything. But the Lords are those who give social bribes, and

not those who take them. They are above corruption because they are the

corruptors. They have no constituency to fear or wheedle; they have the

best means of forming a disinterested and cool judgment of any class in

the country. They have, too, leisure to form it. They have no

occupations to distract them which are worth the name. Field sports are

but playthings, though some lords put an Englishman's seriousness into

them. Few Englishmen can bury themselves in science or literature; and

the aristocracy have less, perhaps, of that impetus than the middle

classes. Society is too correct and dull to be an occupation, as in

other times and ages it has been. The aristocracy live in the fear of

the middle classes--of the grocer and the merchant. They dare not frame

a society of enjoyment as the French aristocracy once formed it.

Politics are the only occupation a peer has worth the name. He may

pursue them undistractedly. The House of Lords, besides independence to

revise judicially and position to revise effectually, has leisure to

revise intellectually.

These are great merits: and, considering how difficult it is to get a

good second chamber, and how much with our present first chamber we

need a second, we may well be thankful for them. But we must not permit

them to blind our eyes. Those merits of the Lords have faults close

beside them which go far to make them useless. With its wealth, its

place, and its leisure, the House of Lords would, on the very surface

of the matter, rule us far more than it does if it had not secret

defects which hamper and weaken it.

The first of these defects is hardly to be called secret, though, on

the other hand, it is not well known. A severe though not unfriendly

critic of our institutions said that "the cure for admiring the House

of Lords was to go and look at it"--to look at it not on a great party

field-day, or at a time of parade, but in the ordinary transaction of

business. There are perhaps ten peers in the House, possibly only six;

three is the quorum for transacting business. A few more may dawdle in

or not dawdle in: those are the principal speakers, the lawyers (a few

years ago when Lyndhurst, Brougham, and Campbell were in vigour, they

were by far the predominant talkers) and a few statesmen whom every one

knows. But the mass of the House is nothing. This is why orators

trained in the Commons detest to speak in the Lords. Lord Chatham used

to call it the "Tapestry". The House of Commons is a scene of life if

ever there was a scene of life. Every member in the throng, every atom

in the medley, has his own objects (good or bad), his own purposes

(great or petty); his own notions, such as they are, of what is; his

own notions, such as they are, of what ought to be. There is a motley

confluence of vigorous elements, but the result is one and good. There

is a "feeling of the House," a "sense" of the House, and no one who

knows anything of it can despise it. A very shrewd man of the world

went so far as to say that "the House of Commons has more sense than

any one in it". But there is no such "sense" in the House of Lords,

because there is no life. The Lower Chamber is a chamber of eager

politicians; the Upper (to say the least) of not eager ones.

This apathy is not, indeed, as great as the outside show would

indicate. The committees of the Lords (as is well known) do a great

deal of work and do it very well. And such as it is, the apathy is very

natural. A House composed of rich men who can vote by proxy without

coming will not come very much.[5] But after every abatement the real

indifference to their duties of most peers is a great defect, and the

apparent indifference is a dangerous defect. As far as politics go

there is profound truth in Lord Chesterfield's axiom, that "the world

must judge of you by what you seem, not by what you are". The world

knows what you seem; it does not know what you are. An assembly--a

revising assembly especially--which does not assemble, which looks as

if it does not care how it revises, is defective in a main political

ingredient. It may be of use, but it will hardly convince mankind that

it is so.

[5] In accordance with a recent resolution of the House of Lords

proxies are now disused.--Note to second edition.

The next defect is even more serious: it affects not simply the

apparent work of the House of Lords but the real work. For a revising

legislature, it is too uniformly made up. Errors are of various kinds;

but the constitution of the House of Lords only guards against a single

error--that of too quick change. The Lords--leaving out a few lawyers

and a few outcasts--are all landowners of more or less wealth. They all

have more or less the opinions, the merits, the faults of that one

class. They revise legislation, as far as they do revise it,

exclusively according to the supposed interests, the predominant

feelings, the inherited opinions, of that class. Since the Reform Act,

this uniformity of tendency has been very evident. The Lords have

felt--it would be harsh to say hostile, but still dubious, as to the

new legislation. There was a spirit in it alien to their spirit, and

which when they could they have tried to cast out. That spirit is what

has been termed the "modern spirit". It is not easy to concentrate its

essence in a phrase; it lives in our life, animates our actions,

suggests our thoughts. We all know what it means, though it would take

an essay to limit it and define it. To this the Lords object; wherever

it is concerned, they are not impartial revisers, but biassed revisers.

This singleness of composition would be no fault; it would be, or might

be, even a merit, if the criticism of the House of Lords, though a

suspicious criticism, were yet a criticism of great understanding. The

characteristic legislation of every age must have characteristic

defects; it is the outcome of a character, of necessity faulty and

limited. It must mistake some kind of things; it must overlook some

other. If we could get hold of a complemental critic, a critic who saw

what the age did not see, and who saw rightly what the age mistook, we

should have a critic of inestimable value. But is the House of Lords

that critic? Can it be said that its unfriendliness to the legislation

of the age is founded on a perception of what the age does not see, and

a rectified perception of what the age does see? The most extreme

partisan, the most warm admirer of the Lords, if of fair and tempered

mind, cannot say so. The evidence is too strong. On free trade, for

example, no one can doubt that the Lords--in opinion, in what they

wished to do, and would have done, if they had acted on their own

minds--were utterly wrong. This is the clearest test of the "modern

spirit". It is easier here to be sure it is right than elsewhere.

Commerce is like war; its result is patent. Do you make money or do you

not make it? There is as little appeal from figures as from battle. Now

no one can doubt that England is a great deal better off because of

free trade; that it has more money, and that its money is diffused more

as we should wish it diffused. In the one case in which we can

unanswerably test the modern spirit, it was right, and the dubious

Upper House--the House which would have rejected it, if possible--was

wrong.

There is another reason. The House of Lords, being an hereditary

chamber, cannot be of more than common ability. It may contain--it

almost always has contained, it almost always will

contain--extraordinary men. But its average born law-makers cannot be

extraordinary. Being a set of eldest sons picked out by chance and

history, it cannot be very wise. It would be a standing miracle if such

a chamber possessed a knowledge of its age superior to the other men of

the age; if it possessed a superior and supplemental knowledge; if it

descried what they did not discern, and saw truly that which they saw,

indeed, but saw untruly.

The difficulty goes deeper. The task of revising, of adequately

revising the legislation of this age, is not only that which an

aristocracy has no facility in doing, but one which it has a difficulty

in doing. Look at the statute book for 1865--the statutes at large for

the year. You will find, not pieces of literature, not nice and subtle

matters, but coarse matters, crude heaps of heavy business. They deal

with trade, with finance, with statute-law reform, with common-law

reform; they deal with various sorts of business, but with business

always. And there is no educated human being less likely to know

business, worse placed for knowing business than a young lord. Business

is really more agreeable than pleasure; it interests the whole mind,

the aggregate nature of man more continuously, and more deeply. But it

does not look as if it did. It is difficult to convince a young man,

who can have the best of pleasure, that it will. A young lord just come

into 30,000 pounds a year will not, as a rule, care much for the law of

patents, for the law of "passing tolls," or the law of prisons. Like

Hercules, he may choose virtue, but hardly Hercules could choose

business. He has everything to allure him from it, and nothing to

allure him to it. And even if he wish to give himself to business, he

has indifferent means. Pleasure is near him, but business is far from

him. Few things are more amusing than the ideas of a well-intentioned

young man, who is born out of the business world, but who wishes to

take to business, about business. He has hardly a notion in what it

consists. It really is the adjustment of certain particular means to

equally certain particular ends. But hardly any young man destitute of

experience is able to separate end and means. It seems to him a kind of

mystery; and it is lucky if he do not think that the forms are the main

part, and that the end is but secondary. There are plenty of business

men falsely so called, who will advise him so. The subject seems a kind

of maze. "What would you recommend me to READ?" the nice youth asks;

and it is impossible to explain to him that reading has nothing to do

with it, that he has not yet the original ideas in his mind to read

about; that administration is an art as painting is an art; and that no

book can teach the practice of either.

Formerly this defect in the aristocracy was hidden by their own

advantages. Being the only class at ease for money and cultivated in

mind they were without competition; and though they might not be, as a

rule, and extraordinary ability excepted, excellent in State business,

they were the best that could be had. Even in old times, however, they

sheltered themselves from the greater pressure of coarse work. They

appointed a manager--a Peel or a Walpole, anything but an aristocrat in

manner or in nature--to act for them or manage for them. But now a

class is coming up trained to thought, full of money, and yet trained

to business. As I write, two members of this class have been appointed

to stations considerable in themselves, and sure to lead (if anything

is sure in politics) to the Cabinet and power. This is the class of

highly-cultivated men of business who, after a few years, are able to

leave business and begin ambition. As yet these men are few in public

life, because they do not know their own strength. It is like Columbus

and the egg once again; a few original men will show it can be done,

and then a crowd of common men will follow. These men know business

partly from tradition, and this is much. There are University

families--families who talk of fellowships, and who invest their

children's ability in Latin verses, as soon as they discover it; there

used to be Indian families of the same sort, and probably will be again

when the competitive system has had time to foster a new breed. Just so

there are business families to whom all that concerns money, all that

concerns administration, is as familiar as the air they breathe. All

Americans, it has been said, know business; it is in the air of their

country. Just so certain classes know business here; and a lord can

hardly know it. It is as great a difficulty to learn business in a

palace as it is to learn agriculture in a park.

To one kind of business, indeed, this doctrine does not apply. There is

one kind of business in which our aristocracy have still, and are

likely to retain long, a certain advantage. This is the business of

diplomacy. Napoleon, who knew men well, would never, if he could help

it, employ men of the Revolution in missions to the old courts; he

said, "They spoke to no one and no one spoke to them"; and so they sent

home no information. The reason is obvious. The old-world diplomacy of

Europe was largely carried on in drawing-rooms, and, to a great extent,

of necessity still is so. Nations touch at their summits. It is always

the highest class which travels most, knows most of foreign nations,

has the least of the territorial sectarianism which calls itself

patriotism, and is often thought to be so. Even here, indeed, in

England the new trade-class is in real merit equal to the aristocracy.

Their knowledge of foreign things is as great, and their contact with

them often more. But, notwithstanding, the new race is not as

serviceable for diplomacy as the old race. An ambassador is not simply

an agent; he is also a spectacle. He is sent abroad for show as well as

for substance; he is to represent the Queen among foreign courts and

foreign sovereigns. An aristocracy is in its nature better suited to

such work; it is trained to the theatrical part of life; it is fit for

that if it is fit for anything. But, with this exception, an

aristocracy is necessarily inferior in business to the classes nearer

business; and it is not, therefore, a suitable class, if we had our

choice of classes, out of which to frame a chamber for revising matters

of business. It is indeed a singular example how natural business is to

the English race, that the House of Lords works as well as it does. The

common appearance of the "whole House" is a jest--a dangerous anomaly,

which Mr. Bright will sometimes use; but a great deal of substantial

work is done in "Committees," and often very well done. The great

majority of the peers do none of their appointed work, and could do

none of it; but a minority--a minority never so large and never so

earnest as in this age--do it, and do it well. Still no one, who

examines the matter without prejudice, can say that the work is done

perfectly. In a country so rich in mind as England, far more

intellectual power can be, and ought to be, applied to the revision of

our laws.

And not only does the House of Lords do its work imperfectly, but

often, at least, it does it timidly. Being only a section of the

nation, it is afraid of the nation. Having been used for years and

years, on the greatest matters to act contrary to its own judgment, it

hardly knows when to act on that judgment. The depressing languor with

which it damps an earnest young peer is at times ridiculous. "When the

Corn Laws are gone, and the rotten boroughs, why tease about Clause IX.

in the Bill to regulate Cotton Factories?" is the latent thought of

many peers. A word from the leaders, from "the Duke," or Lord Derby, or

Lord Lyndhurst, will rouse on any matters the sleeping energies; but

most Lords are feeble and forlorn.

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