Chapter 13

In order, first of all, to trace the course of the actual controversy as it has been carried on in the House of Commons and in the country, it is not necessary to go further back than 1883. In that year the Lords had rejected the Franchise Bill, and it was then that Mr. Bright, in a speech at Leeds dealing with the deadlocks between the two Houses, sketched a plan which was really the essence and origin of the principle adopted in the Parliament Act that has just become law. The Lords had rejected many Liberal measures before then; attempts had been made to get round or overcome their opposition; but not till then was any practical method formulated for dealing with the serious and permanent obstruction to progressive legislation. Mr. Bright himself had condemned the peers and declared that "their arrogance and class selfishness had long been at war with the highest interests of the nation," and now he advocated a specific remedy, which he declared would be obtained by "limiting the veto which the House of Lords exercises over the proceedings of the House of Commons." The actual plan was that a Bill rejected by the Lords should be sent up to them again, "but when the Bill came down to the House of Commons in the second session, and the Commons would not agree to the amendments of the Lords, then the Lords should be bound to accept the Bill." This method of procedure, it will be seen, was more expeditious and drastic than the scheme in the Parliament Act.

Mr. Chamberlain joined vigorously in the campaign against the Peers. Telling passages from his speeches are quoted to this day, such as when he declared that "the House of Lords had never contributed one iota to popular liberty and popular freedom, or done anything to advance the common weal," but "had protected every abuse and sheltered every privilege."

No further mention of the Bright scheme was made for some time. Six years of Conservative rule (1886-1892) diverted the attention of Liberals as a party in opposition to other matters, and the Lords subsided, as they always have done in such periods, into an entirely innocuous, negligible, and utterly useless adjunct of the Conservative Government.

In the brief period between 1892-1895, the animus against the House of Lords was kindled afresh. Several Liberal Bills were mutilated or lost, and the rejection of the second Home Rule Bill served to fan the flames into a dangerous blaze. The Bright plan was recalled by Lord Morley. "I think," he said (at Newcastle on May 21, 1894), "there will have to be some definite attempt to carry out what Mr. Bright at the Leeds Conference of 1883 suggested, by which the power of the House of Lords--this non-elected, this non-representative, this hereditary, this packed Tory Chamber--by which the veto of that body shall be strictly limited." Mr. Gladstone, too, in his last speech in the House of Commons on the wrecking amendments which the Lords had made on the Parish Councils Bill, dwelt on the fundamental differences between the two Houses, and said that "a state of things had been created which could not continue," and declared it to be "a controversy which once raised must go forward to an issue."

But by far the most formidable, the most vigorous, the most animated, and, at the time, apparently sincere attack was contained in a series of speeches delivered in 1894 by Lord Rosebery, who was then in a position of responsibility as leader of the Liberal party. If, as subsequent events have shown, he was unmoved by the underlying principle and cause for which his eloquent pleading stood, anyhow we must believe he was deeply impressed by the prospect of his personal ambition as the leader of a party being thwarted by the contemptuous action of an irresponsible body. His words, however, stand, and have been quoted again and again as the most effective attack against the partizan nature of the Second Chamber:--"What I complain of in the House of Lords is that during the tenure of one Government it is a Second Chamber of an inexorable kind, but while another Government is in, it is no Second Chamber at all... Therefore the result, the effect of the House of Lords as it at present stands, is this, that in one case it acts as a Court of Appeal, and a packed Court of Appeal, against the Liberal party, while in the other case, the case of the Conservative Government, it acts not as a Second Chamber at all. In the one case we have the two Chambers under a Liberal Government, under a Conservative Government we have a single Chamber. Therefore, I say, we are face to face with a great difficulty, a great danger, a great peril to the State." So vehement and repeated were Lord Rosebery's denunciations that grave anxiety is said to have been caused in the highest quarters.

But for the next ten years (1895-1905) the Conservatives were in office, and again it was impossible to bring the matter to a head, though the past was not forgotten. When the Liberals were returned in 1906 with their colossal majority, every Liberal was well aware that before long the same trouble would inevitably arise, and that a settlement of the question could not be long delayed. The record of the House of Lords' activities during the last five years has been so indelibly impressed on the public mind that only a very brief recapitulation of events is necessary.

At the outset their action was tentative. This was shown by the conferences and negotiations to arrive at a settlement on the Education Bill, which was the first Liberal measure in 1906. But these broke down, and defiance was found to be completely successful. Mr. Balfour, the leader of the Conservative party, realized that although he was in a small minority in the House of Commons, yet he could still control legislation, and when he saw how effectively the destructive weapon of the veto could be used he became bolder, and, as with all vicious habits, increased indulgence encouraged appetite. Had Mr. Balfour played his trump-card--the Lords' veto--with greater foresight and restraint, it may safely be said that the House of Lords might have continued for another generation, or, at any rate, for another decade, with its authority unimpaired, though sooner or later it was bound to abuse its power; but the temptation was too great, and Mr. Balfour became reckless.

The three crucial mistakes on the part of the Opposition from the point of view of pure tactics were: First, the destruction of the Education Bill of 1906. In view of the historic attitude of the Lords to all questions of religious freedom and general enlightenment, it was not surprising that they should stand in the way of a greater equality of opportunity for all denominations in matters of education. Six times between 1838 and 1857 they rejected Bills for removing Jewish disabilities; three times between 1858 and 1869 they vetoed the abolition of Church Rates. For thirty-six years (1835-1871) the admission of Nonconformists to the universities by the abolition of tests was delayed by them. It was only to be expected, therefore, that they would be deaf to the popular outcry that had been caused by the Balfour Education Bill of 1902. But in the very first session of the Parliament in which the Government had been returned to power by the immense majority of 354, that they should immediately show their teeth and claws was, from their own point of view, as events proved, a vital error. Their second mistake was the rejection in 1908 by a body of Peers at Lansdowne House of the Licensing Bill, which had occupied many weeks of the time of the House of Commons. This was rightly regarded as a gratuitous insult to the House of elected representatives. Finally, their culminating act of folly was the rejection of the Budget in 1909. It was an outrageous breach of acknowledged constitutional practise, which alienated from them a large body of moderate opinion. In addition to these three notable measures there were, of course, a number of other Bills on land, electoral, and social reform that were either mutilated or thrown out during this period. How could any politician in his senses suppose that a party who possessed any degree of confidence in the country would tamely submit to treatment such as this? While the Lords proceeded light-heartedly with their wrecking tactics, the Liberal Government slowly and cautiously, but with great deliberation, took action step by step. A provocative move on the part of the Lords was met each time by a counter-move, and thus gradually the final and decisive phase of the dispute was reached.

After the loss of the Education Bill of 1906, the first note of warning was sounded by Sir Henry Campbell-Bannerman. "The resources of the House of Commons," he declared, "are not exhausted, and I say with conviction that a way must be found, and a way will be found, by which the will of the people expressed through their elected representatives in this House will be made to prevail."

The first mention of the subject in a King's Speech occurred in March, 1907, when this significant phrase was used: "Serious questions affecting the working of our party system have arisen from unfortunate differences between the two Houses. My Ministers have this important subject under consideration with a view to the solution of the difficulty."

On June 24, 1907, the matter was first definitely brought before the House. Sir Henry Campbell-Bannerman moved that "in order to give effect to the will of the people as expressed by their elected representatives, it is necessary that the power of the other House to alter or reject Bills passed by this House should be so restricted by law as to secure that within the limits of a single Parliament the final decision of the Commons shall prevail." To the evident surprize of the Opposition he sketched a definite plan for curtailing the veto of the House of Lords. This was followed in July by the introduction of resolutions laying down in full detail the exact procedure. In his statement Sir Henry made it very clear that the issue was confined to the relations between the two Houses:--"Let me point out that the plan which I have sketched to the House does not in the least preclude or prejudice any proposals which may be made for the reform of the House of Lords. The constitution and composition of the House of Lords is a question entirely independent of my subject. My resolution has nothing to do with the relations of the two Houses to the Crown, but only with the relations of the two Houses to each other."

In 1908, Mr. Asquith became Prime Minister, but no further action was taken. On the rejection of the Licensing Bill, however, he showed that the Government were fully aware of the extreme gravity of the question, but intended to choose their own time to deal with it. Speaking at the National Liberal Club in December, he said: "The question I want to put to you and to my fellow Liberals outside is this: Is this state of things to continue? We say that it must be brought to an end, and I invite the Liberal party to-night to treat the veto of the House of Lords as the dominating issue in politics--the dominant issue, because in the long run it overshadows and absorbs every other." When pressed on the Address at the beginning of the following session by his supporters, who were impatient for action, he explained the position of the Government: "I repeat we have no intention to shirk or postpone the issue we have raised.... I can give complete assurance that at the earliest possible moment consistent with the discharge by this Parliament of the obligations I have indicated, the issue will be presented and submitted to the country."

The rejection of the Budget in 1909 led to a general election, in which the Government's method of dealing with the Lords was the main issue. The Liberals were returned again, but when the King's Speech was read some confusion was caused by the distinct question of the relations between the two Houses being coupled with a suggested reform of the Second Chamber. This was a departure from the very clear and wise policy of Sir Henry Campbell-Bannerman, and had it been persisted in it might have broken up the ranks of the Liberal party--very varied and different opinions being held as to the constitution of a Second Chamber. But the stronger course was adopted, and the resolutions subsequently introduced and passed in the House of Commons dealt only with the veto and were to form the preliminary to the introduction of the Bill itself.

Just as matters seemed about to result in a final settlement, King Edward died, and a conference between the leaders of both parties was set up to tide over the awkward interval. The conference was an experiment doomed to failure, as the Liberals had nothing to give away and compromise could only mean a sacrifice of principle. The House met in November to wind up the business, and the Prime Minister announced that an appeal would be made to the country on the single issue of the Lords' veto, the specific proposals of the Government being placed before the electorate. A Liberal Government was returned to power for the third time in December, 1910, with practically the same majority as in January. The Parliament Bill was introduced and passed in all its stages through the House of Commons with large majorities.

Meanwhile, the Conservatives made no attempt to defend either the action or composition of the House of Lords, but adopted an apologetic attitude. They agreed that the Second Chamber must be reformed, and during the second general election in 1910 some of them declared for the Referendum as a solution of the difficulty of deadlocks between the two Houses. But there was an entire absence of sincerity about their proposals, which were not thought out, but obviously only superficial expedients hurriedly grasped at by a party in distress. Their reform scheme, introduced by Lord Lansdowne, was revolutionary, and, at the same time, fanciful and confused. It was ridiculed by their opponents, and received with frigid disapproval by their supporters. Still, they acted as if they were confident that in the long run they could ward off the final blow. They were persuaded that the Liberal Government would neither have the courage nor the power to accomplish their purpose. "Why waste time over abstract resolutions?" asked Mr. Balfour. "The Liberal party," he said, "has a perfect passion for abstract resolutions"--and again, "it is quite obvious they do not mean business." Even when the Bill itself was introduced, they still did not believe that its passage through the House of Lords could be forced. The opposition to the Bill was not so much due to hatred of the actual provisions as fear of its consequences. The prospect of a Liberal Government being able to pass measures which for long have been part of their program, such as Home Rule, Welsh Disestablishment, or Electoral Reform, exasperated the party who had hitherto been secured against the passage of measures of capital importance introduced by their opponents. The anti-Home Rule cry and the supposed dictatorship of the Irish Nationalist leader were utilized to the full, and were useful when constitutional and reasoned argument failed. At the same time as much as possible was made of the composite character of the majority supporting the Government.

Throughout the latter part of the controversy there is little doubt that the Conservatives would have been in a far stronger position had they acted as a united party with a definite policy and a strong leader ready at a moment's notice to form an alternative Government. But they were deplorably led, they could agree on no policy, and their warmest supporters in the Press and in the country were the first to admit that the formation of an alternative Conservative Administration was unthinkable. Nevertheless, there could be no rival for the leadership. Mr. Balfour, aloof, indifferent, without enthusiasm, and without convictions, although discredited in the country and harassed in his attempts to save his party from Protection, remains in ability, Parliamentary knowledge, experience and skill, head and shoulders above his very mediocre band of colleagues in the House of Commons.

The Bill went up to the House of Lords, where Lord Morley, with the tact and skill of an experienced statesman and the unflinching firmness of a lifelong Liberal, conducted it through a very rough career. The Lords' amendments were destructive of the principle, and therefore equivalent to rejection. But even a few days before those amendments were returned to the Commons the Conservatives refused to believe that the passage of the Bill in its original form was guaranteed. When at last it was brought home to them that, if necessary, the King would be advised to create a sufficient number of Peers to insure the passage of the Bill into law, a howl of indignation went up. Scenes of confusion and unmannerly exhibitions of temper took place in the House of Commons. A party of revolt was formed among the Peers, and the Prime Minister was branded as a traitor who was guilty of treason and whose advice to the King in the words of the vote of censure was "a gross violation of constitutional liberty."

As a matter of fact, Mr. Asquith was adhering very strictly to the letter and spirit of the Constitution. Lord Grey, who was confronted with a similar problem in 1832, very truly said: "If a majority of this House (House of Lords) is to have the power whenever they please of opposing the declared and decided wishes both of the Crown and the people without any means of modifying that power, then this country is placed entirely under the influence of an uncontrollable oligarchy. I say that if a majority of this House should have the power of acting adversely to the Crown and the Commons, and was determined to exercise that power without being liable to check or control, the Constitution is completely altered, and the Government of the country is not a limited monarchy; it is no longer, my Lords, the Crown, the Lords and Commons, but a House of Lords--a separate oligarchy--governing absolutely the others."

Had the Prime Minister submitted to the Lords' dictation after two general elections, in the second of which the verdict of the country was taken admittedly and exclusively on the actual terms of the Parliament Bill, he would have basely betrayed the Constitution in acknowledging by his submission that the Peers were the supreme rulers over the Crown and over the Commons, and could without check overrule the declared expression of the people's will. The Lord Chancellor pointed out the danger in one sentence. "This House alone in the Constitution is to be free of all control." No doubt the creation of ten Peers would not have caused such a commotion as the creation of 400, but the principle is precisely the same, and it was only the magnitude of partizan bias in the Second Chamber that made the creation of a large number necessary in the event of there being determined opposition. It was a most necessary and salutary lesson for the Lords that they should be shown, in as clear and pronounced a way as possible, that the Constitution provided a check against their attempt at despotism, just as the marked disapproval of the electorate, as shown, for instance, in the remarkable series of by-elections in 1903-1905, or by a reverse at a general election, is the check provided against the arbitrary or unpopular action of any Government. The Peers were split up into two parties, those who accepted Lord Lansdowne's pronouncement that, as they were no longer "free agents," there was nothing left for them but to submit to the inevitable, and those who desired to oppose the Bill to the last and force the creation of Peers. The view of the latter section, led by Lord Halsbury, was an expression of the wide-spread impatience and annoyance with Mr. Balfour's weak and vacillating leadership. All the counting of heads and the guesses as to how each Peer would behave afforded much material for sensational press paragraphs and rather frivolous speculation and intrigue. The action of any Peer in any circumstance is always supposed to be of national importance. The vision of large numbers of active Peers was a perfect feast for the public mind, at least so the newspapers thought. But in reality the final outcry, the violent speeches, the sectional meetings, the vituperation and passion were quite unreal and of very little consequence. One way or the other, the passage of the Bill was secure.

The Vote of Censure brought against the Government afforded the Prime Minister a convenient opportunity of frankly taking the House into his confidence. With the King's consent, he disclosed all the communications, hitherto kept secret, which had passed between the Sovereign and his Ministers. He rightly claimed that all the transactions had been "correct, considerate, and constitutional." Mr. Asquith's brilliant and sagacious leadership impressed even his bitterest opponents. It only remained for the Lords not to insist on their amendments. Unparalleled excitement attended their final decision. The uncompromising opponents among the Unionist Peers, rather than yield at the last moment, threw over Lord Lansdowne's leadership. They were bent on forcing a creation of Peers, although Lord Morley warned them of the consequences. "If we are beaten on this Bill to-night," he declared, "then his Majesty will consent to such a creation of Peers as will safeguard the measure against all possible combinations in this House, and the creation will be prompt." In numbers the "Die-hards," as they were called, were known to exceed a hundred, and it was extremely doubtful right up to the actual moment when the division was taken if the Government would receive the support of a sufficient number of cross-bench Peers, Unionist Peers, and Bishops to carry the Bill. After a heated debate, chiefly taken up by violent recriminations between the two sections of the Opposition, the Lords decided by a narrow majority of seventeen not to insist on their amendments, and the Bill was passed and received the Royal assent.

Now that the smoke has cleared off the field of battle, let us state in a few sentences what the Parliament Bill which has caused all this uproar really is. It is by no means unnecessary to do this, as those who take a close interest in political events are, perhaps, unaware of the incredible ignorance which exists as to the cause and essence of the whole controversy, especially among that class of society who read head-lines but not articles, who never attend political meetings, but whose strong prejudices make them active and influential. The Parliament Bill, or rather the Act, does not even place a Liberal Government on an equal footing with a Unionist Government. It insures that Liberal measures, if persisted in, may become law in the course of two years in spite of the opposition of the Second Chamber. It lays down once and for all that finance or money Bills can not be vetoed or amended by the House of Lords--which, after all, is only an indorsement of what was accepted till 1909 as the constitutional practise--and it limits the duration of Parliament to five years. The preamble of the Bill, which is regarded with a good deal of suspicion by advanced Radicals, indicates that the reform of the Second Chamber is to be undertaken subsequently.