IX.

[17]

See, at the end, Notes and References on the history and practice of Subscription and Penal Tests.

That great institution of political liberty, the Deliberative Assembly, seems to be on the eve of breaking down. I do not speak merely of the highest assembly in the country, but of the numerous smaller bodies as well, from many of which a cry of distress may be heard. The one evil in all is the intolerable length of the debates. Business has increased, local representative bodies have a larger membership than formerly, and, notwithstanding the assistance rendered by committees, the meetings are protracted beyond bounds.

In this difficulty, attention naturally fastens, in the first instance, on the fact that the larger part of the speaking is entirely useless; neither informing nor convincing any of the hearers, and yet occupying the time allotted for the despatch of business. How to eliminate and suppress this ineffectual oratory would appear to be the point to consider. But as Inspiration itself did not reveal a mode of separating in advance the tares from the wheat, so there is not now any patent process for insuring that, in the debates of corporate bodies, the good speaking, and only the good speaking, shall be allowed.

Partial solutions of the difficulty are not wanting. The inventors of corporate government—the Greeks, were necessarily the inventors of the forms of debate, and they introduced the timing of the speakers. To this is added, occasionally, the selection of the speakers, a practice that could be systematically worked, if nothing else would do. Both methods have their obvious disadvantages. The arbitrary selection of speakers, even by the most impartial Committee of Selection, would, according to our present notions, seem to infringe upon a natural right, the right of each member of a body to deliver an opinion, and give the reasons for it. It would seem like reviving the censorship of the press, to allow only a select number to be heard on all occasions.

May not something be done to circumvent this vast problem? May there not be a greater extension given to maxims and forms of procedure already in existence?

[OBVIATING HURRIED DECISIONS.]

First, then, we recognize in various ways the propriety of obviating hurried and unpremeditated decisions. Giving previous notice of motions has that end in view; although, perhaps, this is more commonly regarded simply as a protection to absentees. Advantage is necessarily taken of the foreknowledge of the business to prepare for the debates. It is a farther help, that the subject has been already discussed somewhere or other by a committee of the body, or by the agency of the public press. Very often an assembly is merely called upon to decide upon the adoption of a proposal that has been long canvassed out of doors. The task of the speakers is then easy—we might almost say no speaking should be required: but this is to anticipate.

In legislation by Parliament, the forms allow repetition of the debates at least three times in both Houses. This is rather a cumbrous and costly remedy for the disadvantage, in debate, of having to reply to a speaker who has just sat down. In principle, no one ought to be called to answer an argumentative speech on the spur of the moment. The generality of speakers are utterly unfit for the task, and accordingly do it ill. A few men, by long training, acquire the power of casting their thoughts into speaking train, so as to make a good appearance in extempore reply; yet even these would do still better if they had a little time. The adjournment of a debate, and the reopening of a question at successive stages, furnish the real opportunities for effective reply. In a debate begun and ended at one sitting, the speaking takes very little of the form of an exhaustive review, by each speaker, of the speeches that went before.

It is always reckoned a thing of course to take the vote as soon as the debate is closed. There are some historical occasions when a speech on one side has been so extraordinarily impressive that an adjournment has been moved to let the fervour subside; but it is usually not thought desirable to let a day elapse between the final reply and the division. This is a matter of necessity in the case of the smaller corporations, which have to dispose of all current business at one sitting; but when a body meets for a succession of days, it would seem to be in accordance with sound principle not to take the vote on the same day as the debate.

[ASSUMPTIONS AT THE BASIS OF ORAL DEBATE.]

These few remarks upon one important element of procedure are meant to clear the way for a somewhat searching examination of the principles that govern the, entire system of oral debate. It is this practice that I propose to put upon its trial. The grounds of the practice I take to be the following:—

1. That each member of a deliberative body shall be provided with a complete statement of the facts and reasons in favour of a proposed measure, and also an equally complete account of whatever can be said against it. And this is a requirement I would concede to the fullest extent. No decision should be asked upon a question until the reasoningsproandconare brought fairly within the reach of every one; to which I would add—in circumstances that give due time for consideration of the whole case.

2. The second ground is that this ample provision of arguments, for and against, should be made by oral delivery. Whatever opportunities members may have previously enjoyed for mastering a question, these are all discounted when the assembly is called to pronounce its decision. The proposer of the resolution invariably summarizes, if he is able, all that is to be said for his proposal; his arguments are enforced and supplemented by other speakers on his side; while the opposition endeavours to be equally exhaustive. In short, though one were to come to the meeting with a mind entirely blank, yet such a one, having ordinary faculties of judging, would in the end be completely informed, and prepared for an intelligent vote.

Now, I am fully disposed to acquiesce in this second assumption likewise, but with a qualification that is of considerable moment, as we shall see presently.

3. The third and last assumption is as follows:—Not only is the question in all its bearings supposed to be adequately set forth in the speeches constituting the debate, but, in point of fact, the mass of the members, or a very important section or proportion of them, rely upon this source, make full use of it, and are equipped for their decision by means of it; so much so, that if it were withdrawn none of the other methods as at present plied, or as they might be plied, would give the due preparation for an intelligent vote; whence must ensue a degradation in the quality of the decisions.

It is this assumption that I am now to challenge, in the greatest instance of all, as completely belied by the facts. But, indeed, the case is so notoriously the opposite, that the statement of it will be unavoidably made up of the stalest commonplaces; and the novelty will lie wholly in the inference.

The ordinary attendance in the House of Commons could be best described by a member or a regular official. An outsider can represent it only by the current reports. My purpose does not require great accuracy; it is enough, that only a very small fraction of the body makes up the average audience. If an official were posted to record the fluctuating numbers at intervals of five minutes, the attendance might be recorded and presented in a curve like the fluctuations of the barometer; but this would be misleading as to the proportion of effective listeners—those that sat out entire debates, or at all events the leading speeches of the debates, or whose intelligence was mainly fed from the speaking in each instance. The number of this class is next to impossible to get at; but it will be allowed on all hands to be very small.

Perhaps, in such an inquiry, most can be made of indirect evidences. If members are to be qualified for an intelligent decision in chief part by listening to the speeches, why is not the House made large enough to accommodate them all at once? It would appear strange, on the spoken-debate theory of enlightenment, that more than one-third should be permanently excluded by want of space. One might naturally suppose that, in this fact, there was a breach of privilege of the most portentous kind. That it is so rarely alluded to as a grievance, even although amounting to the exclusion of a large number of the members from some of the grandest displays of eloquence and the most exciting State communications, is a proof that attendance in the House is not looked upon as a high privilege, or as thesine quâ nonof political schooling.

[EVIDENCE OF THE INUTILITY OF THE MERE SPEAKING.]

If it were necessary to listen to the debates in order to know how to vote, the messages of the whips would take a different form. The members on each side would be warned of the time of commencement of each debate, that they might hear the comprehensive statement of the opener, and remain at least through the chief speech in reply. They might not attend all through the inferior and desultory speaking, but they would be ready to pop in when an able debater was on his legs, and they would hear the leaders wind up at the close. Such, however, is not the theory acted on by the whips. They are satisfied if they can procure attendance at the division, and look upon the many hours spent in the debate as an insignificant accessory, which could be disregarded at pleasure. It would take the genius of a satirist to treat the whipping-up machinery as it might well deserve to be treated. We are here concerned with a graver view of it—namely, to inquire whether the institution of oral debate may not be transformed and contracted in dimensions, to the great relief of our legislative machinery.

Of course, no one is ignorant of the fact that the great body of members of Parliament refrain altogether from weighing individually the opposing arguments in the several questions, and trust implicitly to their leaders. This, however, is merely another nail in the coffin of the debating system. The theory of independent and intelligent consideration, by each member, of every measure that comes up, is the one most favourable to the present plan, while, even on that theory, its efficiency breaks down under a critical handling.

It is time now to turn to what will have come into the mind of every reader of the last few paragraphs—the reporting of the speeches. Here, I admit, there is a real and indispensable service to legislation. My contention is, that in it we possess what is alone valuable; and, if we could secure this, in its present efficiency, with only a very small minimum of oral delivery, we should be as well off as we are now. The apparent self-contradiction of the proposal to report speeches without speaking, is not hard to resolve.

To come at once, then, to the mode of arriving at the printed debates, I shall proceed by a succession of steps, each one efficient in itself, without necessitating a farther. The first and easiest device, and one that would be felt of advantage in all bodies whatsoever, would be for the mover of a resolution to give in, along with the terms of his resolution, his reasons—in fact, what he intends as his speech, to be printed and distributed to each member previous to the meeting. Two important ends are at once gained—the time of a speech is saved, and the members are in possession beforehand of the precise arguments to be used. The debate is in this way advanced an important step without any speaking; opponents can prepare for, instead of having to improvise their reply, and every one is at the outset a good way towards a final judgment.

[DEBATES INTRODUCED BY PRINTED STATEMENTS.]

As this single device could be adopted alone, I will try and meet the objections to it, if I am only fortunate enough to light on any. My experience of public bodies suggests but very few; and I think the strongest is the reluctance to take the requisite trouble. Most men think beforehand what they are to say in introducing a resolution to a public body, but do not consider it necessary to write down their speech at full. Then, again, there is a peculiar satisfaction in holding the attention of a meeting for a certain time, great in proportion to the success of the effort. But, on the other hand, many persons do write their speeches, and many are not so much at ease in speaking but that they would dispense with it willingly. The conclusive answer on the whole is—the greater good of the commonwealth. Such objections as these are not of a kind to weigh down the manifest advantages, at all events, in the case of corporations full of business and pressed for time.

I believe that a debate so introduced would be shortened by more than the time gained by cutting off the speech of the mover. The greater preparation of everyone's mind at the commencement would make people satisfied with a less amount of speaking, and what there was would be more to the purpose.

We can best understand the effects of such an innovation by referring to the familiar experience of having to decide on the Report of Committee, which has been previously circulated among the members. This is usually the most summary act of a deliberative body; partly owing, no doubt, to the fact that the concurrence of a certain proportion is already gained; while theprosandconshave been sifted by a regular conference and debate. Yet we all feel that we are in a much better position by having had before us in print, for some time previous, the materials necessary to a conclusion. At a later stage, I will consider the modes of raising the quality and status of the introductory speech to something of the nature of a Committee's Report.[19]

The second step is to impose upon the mover of every amendment the same obligation to hand in his speech, in writing, along with the terms of the amendment. Many public bodies do not require notice of amendments. It would be in all cases a great improvement to insist upon such notice, and of course a still greater improvement to require the reasons to be given in also, that they might be circulated as above. The debate is now two steps in advance without a moment's loss of time to the constituted meeting; while what remains is likely to be much more rapidly gone through.

The movers of resolutions and of amendments should, as a matter of course, have the right of reply; a portion of the oral system that would, I presume, survive all the advances towards printing direct.

There remains, however, one farther move, in itself as defensible, and as much fraught with advantage as the two others. The resolution and the amendments being in the hands of the members of a body, together with the speeches in support of each, any member might be at liberty to send in, also for circulation in print, whatever remarks would constitute his speech in the debate, thereby making a still greater saving of the time of the body. This would, no doubt, be felt as the greatest innovation of all, being tantamount to the extinction of oral debate; there being then nothing left but the replies of the movers. We need not, however, go the length of compulsion; while a certain number would choose to print at once, the others could still, if they chose, abide by the old plan of oral address. One can easily surmise that these last would need to justify their choice by conspicuous merit; an assembly, having in print so many speeches already, would not be in a mood to listen to others of indifferent quality.

[THE MAGIC OF ORATORY NOT DONE AWAY WITH.]

Such a wholesale transfer of living speech to the silent perusal of the printed page, if seriously proposed in any assembly, would lead to a vehement defence of the power of spoken oratory. We should be told of the miraculous sway of the human voice, of the way that Whitfield entranced Hume and emptied Franklin's purse; while, most certainly, neither of these two would ever have perused one of his printed sermons. And, if the reply were that Whitfield was not a legislator, we should be met by the speeches of Wilberforce and Canning and Brougham upon slavery, where the thrill of the living voice accelerated the conviction of the audience. In speaking of the Homeric Assembly, Mr. Gladstone remarks, in answer to Grote's argument to prove it a political nullity, that the speakers were repeatedly cheered, and that the cheering of an audience contributes to the decision.

Now, I am not insensible to the power of speech, nor to the multitudinous waves of human feeling aroused in the encounters of oratory before a large assembly. Apart from this excitement, it would often be difficult to get people to go through the drudgery of public meetings. Any plan that would abolish entirely the dramatic element of legislation would have small chance of being adopted. It is only when the painful side of debate comes into predominance, that we willingly forego some of its pleasures: the intolerable weariness, the close air, the late nights, must be counted along with the occasional thrills of delirious excitement. But as far as regards our great legislative bodies, it will be easy to show that there would still exist, in other forms, an ample scope for living oratory to make up for the deadness that would fall upon the chief assembly.

A friend of mine once went to Roebuck to ask his attention to some point coming up in the House of Commons, and offered him a paper to read. Roebuck said, "I will not read, but I will hear". This well illustrates one of the favourable aspects of speech. People with time on their hands prefer being instructed by the living voice; the exertion is less, and the enlivening tones of a speaker impart an extraneous interest, to which we have to add the sympathy of the surrounding multitude. The early stages of instruction must be conductedvivâ voce; it is a late acquirement to be able to extract information from a printed page. Yet circumstances arise when the advantage of the printed page predominates. The more frequent experience in approaching public men is to be told, that they will not listen but will read. An hour's address can be read in ten minutes: it is not impossible, therefore, to master a Parliamentary debate in one-tenth of the time occupied in the delivery.

A passing remark is enough to point out the revolution that would take place in Parliamentary reporting, and in the diffusion of political instruction through the press, by the system of printing the speeches direct. The full importance of this result will be more apparent in a little. There has been much talk of late about the desirability of a more perfect system of reporting, with a view to the preservation of the debates. Yet it may be very much doubted, whether the House of Commons would ever incur the expense of making up for the defects of newspaper reporting, by providing short-hand writers to take down every word, with a view to printing in full.

[SECONDING EXTENDED TO A PLURALITY OF BACKERS.]

[PROPORTIONING OF BACKERS.]

Before completing the survey of possible improvements in deliberative procedure, I propose to extend the employment of another device already in use, but scarcely more than a form; I mean the requiring of a seconder before a proposal can be debated. The signification of this must be, that in order to obtain the judgment of an assembly on any proposal, the mover must have the concurrence of one other member; a most reasonable condition surely. What I would urge farther in the same direction is that, instead of demanding one person in addition to the mover, as necessary in all cases, there should be a varying number according to the number of the assembly. In a copartnery of three or four, to demand a seconder to a motion would be absurd; in a body of six or eight it is scarcely admissible. I have known bodies of ten and twelve, where motions could be discussed without a seconder; but even with these, there would be a manifest propriety in compelling a member to convince at least one other person privately before putting the body to the trouble of a discussion. If, however, we should begin the practice of seconding with ten, is one seconder enough for twenty, fifty, a hundred, or six hundred? Ought there not to be a scale of steady increase in the numbers whose opinions have been gained beforehand? Let us say three or four for an assembly of five-and-twenty, six for fifty, ten or fifteen for a hundred, forty for six hundred. It is permissible, no doubt, to bring before a public body resolutions that there is no immediate chance of carrying; what is termed "ventilating" an opinion is a recognized usage, and is not to be prohibited. But when business multiplies, and time is precious, a certain check should be put upon the ventilating of views that have as yet not got beyond one or two individuals; the process of conversion by out-of-door agency should have made some progress in order to justify an appeal to the body in the regular course of business. That the House of Commons should ever be occupied by a debate, where the movers could not command more than four or five votes, is apparently out of all reason. The power of the individual is unduly exalted at the expense of the collective body. There are plenty of other opportunities of gaining adherents to any proposal that has something to be said for it; and these should be plied up to the point of securing a certain minimum of concurrence, before the ear of the House can be commanded. With a body of six hundred and fifty, the number of previously obtained adherents would not be extravagantly high, if it were fixed at forty. Yet considering that the current business, in large assemblies, is carried on by perhaps one-third or one-fourth of the whole, and that the quorum in the House of Commons is such as to make it possible for twenty-one votes to carry a decision of the House, there would be an inconsistency in requiring more than twenty names to back every bill and every resolution and amendment that churned to be discussed. Now I can hardly imagine restriction upon the liberty of individual members more defensible than this. If it were impossible to find any other access to the minds of individual members than by speeches in the House, or if all other modes of conversion to new views were difficult and inefficient in comparison, then we should say that the time of the House must be taxed for the ventilating process. Nothing of the kind, however, can be maintained. Moreover, although the House may be obliged to listen to a speech for a proposal that has merely half a dozen of known supporters, yet, whenever this is understood to be the case, scarcely any one will be at the trouble of counter-arguing it, and the question really makes no way; the mover is looked upon as a bore, and the House is impatient for the extinguisher of a division. The securing of twenty names would cost nothing to the Government, or to any of the parties or sections that make up the House: an individual standing alone should be made to work privately, until he has secured his backing of nineteen more names, and the exercise would be most wholesome as a preparation for convincing a majority of the House.

If I might be allowed to assume such an extension of the device of seconding motions, I could make a much stronger case for the beneficial consequences of the operation of printing speeches without delivery. The House would never be moved by an individual standing alone; every proposal would be from the first a collective judgment, and the reasons given in along with it, although composed by one, would be revised and considered by the supporters collectively. Members would put forth their strength in one weighty statement to start with; no pains would be spared to make the argument of the nominal mover exhaustive and forcible. So with the amendment; there would be more put into the chief statement, and less left to the succeeding speakers, than at present. And, although the mover of the resolution and the mover of the amendment would each have a reply, little would be left to detain the House, unless when some great interests were at stake.

Of course the preparation of the case in favour of each measure would be entrusted to the best hands; in Government business, it would be to some official in the department, or some one engaged by the chief in shaping the measure itself. The statement so prepared would have the value of a carefully drawn-up report, and nothing short of this should ever be submitted to Parliament in the procuring of new enactments. In like manner, the opponents and critics could employ any one they pleased to assist them in their compositions, A member's speech need not be in any sense his own; if he borrows, or uses another hand, it is likely to be some one wiser than himself, and the public gets the benefit of the difference.

[OBJECTIONS TO DIRECT PRINTING OF SPEECHES.]

I may now go back for a little upon the details of the scheme of direct printing, with the view of pressing some of its advantages a little farther, as well as of considering objections. I must remark more particularly upon the permission, accorded to the members generally, to send in their speeches to be circulated with the proceedings. This I regard as not the least essential step in an effective reform of the debating system. It is the only possible plan of giving free scope to individuals, without wasting the time of the assembly. There need be no limit to the printing of speeches; the number may be unnecessarily great, and the length sometimes excessive, but the abuse may be left to the corrective of neglect. The only material disadvantage attending the plan of sending in speeches in writing, without delivery, is that the speakers would have before them only the statements-in-chief of the movers of motion and amendment. They could not comment upon one another, as in the oral debate. Not but this might not: be practicable, by keeping the question open for a certain length of time, and circulating every morning the speeches given in the day previously; but the cumbrousness of such an operation would not have enough to recommend it. The chief speakers might be expected to present a sufficiently broad point for criticism; while the greater number are well content, if allowed to give their own views and arguments without reference to those of others. And not to mention that, in Parliament, all questions of principle may be debated several times over, it is rare that any measure comes up without such an amount of previous discussion out of doors as fully to bring out the points for attack and defence. Moreover, the oral debate, as usually conducted, contains little of the reality of effective rejoinder by each successive speaker to the one preceding.

The combined plan of printing speeches, and of requiring twenty backers to every proposal, while tolerable perhaps in the introduction of bills, and in resolutions of great moment, will seem to stand self-condemned in passing the bills through Committee, clause by clause. That every amendment, however trivial, should have to go through such a roundabout course, may well appear ridiculous in the extreme. To this I would say, in the first place, that the exposing of every clause of every measure of importance to the criticism of a large assembly, has long been regarded as the weak point of the Parliamentary system. It is thirty years since I heard the remark that a Code would never get through the House of Commons; so many people thinking themselves qualified to cavil at its details. In Mill's "Representative Government," there is a suggestion to the effect, that Parliament should be assisted in passing great measures by consultative commissions, who would have the preparation of the details; and that the House should not make alterations in the clauses, but recommit the whole with some expression of disapproval that would guide the commission in recasting the measure.

[DIFFICULTIES OF PRINTING IN COMMITTEES.]

It must be self-evident that only a small body can work advantageously in adjusting the details of a measure, including the verbal expressions. If this work is set before an assembly of two hundred, it is only by the reticence of one hundred and ninety that progress can be made. Amendments to the clauses of a bill may come under two heads: those of principle, where the force of parties expends itself; and those of wording or expression, for clearing away ambiguities or misconstruction. For the one class, all the machinery that I have described is fully applicable. To mature and present an amendment of principle, there should be a concurrence of the same number as is needed to move or oppose a second reading; there should be the same giving in of reasons, and the same unrestricted speech (in print) of individual members, culminating in replies by the movers. If this had to be done on all occasions, there would be much greater concentration of force upon special points, and the work of Committee would get on faster. As to the second class of amendments, I do not think that these are suitable for an open discussion. They should rather be given as suggestions privately to the promoter of the measure. But, be the matter small or great, I contend that nothing should bring about a vote in the House of Commons that has not already acquired a proper minimum of support.

I am very far from presuming to remodel the entire procedure of the House of Commons. What I have said applies only to the one branch, not the least important, of the passing of bills. There are other departments that might, or might not, be subjected to the printing system, coupled with the twentyfold backing; for example, the very large subject of Supply, on which there is a vast expenditure of debating. The demand for twenty names to every amendment would extinguish a very considerable amount of these discussions.

There is a department of the business of the House that has lately assumed alarming proportions—the putting of questions to Ministers upon every conceivable topic. I would here apply, without hesitation, the printing direct and the plural backing, and sweep away the practice entirely from the public proceedings of the House. No single member unsupported should have the power of trotting out a Minister at will. I do not say that so large a number of backers should be required in this case, but I would humbly suggest that the concurrence of ten members should be required even to put a public question. The leader of the Opposition, in himself a host, would not be encumbered with such a formality, but everyone else would have to procure ten signatures to an interrogative: the question would be sent in, and answered; while question and answer would simply appear in the printed proceedings of the House, and not occupy a single moment of the legislative time. This is a provision that would stand to be argued on its own merits, everything else remaining as it is. The loss would be purely in the dramatic interest attaching to the deliberations.

[ALTERNATIVE SCOPE FOR ORATORY.]

The all but total extinction of oral debate by the revolutionary sweep of two simple devices, would be far from destroying the power of speech in other ways. The influence exerted by conversation on the small scale, and by oratory on the great, would still be exercised. While the conferences in private society, and the addresses at public meetings, would continue, and perhaps be increased in importance, there would be a much greater activity of sectional discussion, than at present; in fact, the sectional deliberations, preparatory to motions in the House, would become an organized institution. A certain number of rooms would be set aside for the use of the different sections; and the meetings would rise into public importance, and have their record in the public press. The speaking that now protracts the sittings of the House would be transferred to these; even the highest oratory would not disdain to shine where the reward of publicity would still be reaped. As no man would be allowed to engage the attention of the House without a following, it would be in the sections, in addition to private society and the press, that new opinions would have to be ventilated, and the first converts gained.

Among the innovations that are justified by the principle of avoiding at all points hurried decisions, there is nothing that would appear more defensible than to give an interval between the close of a debate and the taking of the vote. I apprehend that the chief and only reason why this has never been thought of is, that most bodies have to finish a mass of current business at one sitting. In assemblies that meet day after day, the votes on all concluded debates could be postponed till next day; giving a deliberate interval in private that might improve, and could not: deteriorate, the chances of a good decision. Let us imagine that, in the House of Commons, for example, the first hour at each meeting should be occupied with the divisions growing out of the previous day's debates. The consequences would be enormous, but would any of them be bad? The hollowness of the oral debate as a means of persuasion would doubtless receive a blasting exposure; many would come up to vote, few would remain to listen to speeches. The greater number of those that cared to know what was said, would rest satisfied with the reports in the morning papers.

We need to take account of the fact that even greater moderation in the length of speeches would not entirely overcome the real difficulty—the quantity of business thrown upon our legislative bodies. Doubtless, if there were less talk upon burning questions there would be more attention given to unobtrusive matters at present neglected. The mere quantity of work is too great for an assembly to do well. If this amount cannot be lessened—and I do not see how it can be—there are still the six competing vehicles at old Temple Bar. The single legislative rail is crowded, and the only device equal to the occasion is to remove some of the traffic to other rails. Let a large part of the speaking be got rid of, or else be transferred to some different arena.

[EVERY BODY ENTITLED TO CONTROL SPEECH-MAKING.]

I regard as unassailable Lord Sherbrooke's position that every deliberative body must possess the entire control of its own procedure, even to the point of saying how much speaking it will allow on each topic. The rough-and-ready method of coughing down a superfluous speaker is perfectly constitutional, because absolutely necessary. If a more refined method of curtailing debates could be devised, without bringing in other evils, it should be welcomed. The forcible shutting of anyone's mouth will always tend to irritate, and it is impossible by any plan to prevent a minority from clogging the wheels of business. The freedom of print seems to me one good safety-valve for incontinent speech-makers; it allows them an equal privilege with their fellows, and yet does not waste legislative time.

I remember hearing, some time ago, that our Chancellor of the Exchequer was induced, on the suggestion of theTimes, to put into print and circulate to the House beforehand the figures and tables connected with his financial statement. I could not help remarking, why might the Chancellor not circulate, in the same fashion, the whole statement, down to the point of the declaration of the new taxes? It would save the House at least an hour and a half, while not a third of that time would be required to read the printed statement. I believe the first thing that would occur to anyone hearing this suggestion would be—"so the Chancellor might, but the same reason would apply to the movers of bills, and to all other business as well ".

Our English Parliamentary system having been matured by centuries of experience, has become a model for other countries just entering upon representative government. But the imitation, if too literal, will not be found to work. Our system supposes a large gentry, staying half the year in London for pure pleasure, to which we may add the rich men of business resident there. A sufficient number of these classes can at any time be got to make up the House of Commons; and, the majority being composed of such, the ways of the House are regulated accordingly. Daily constant attendance, when necessary, and readiness to respond to the whip at short notice, are assumed as costing nothing. But in other countries, the case is not the same. In the Italian Chamber I found professors of the University of Turin, who still kept up their class-work, and made journeys to Rome at intervals of a week or two, on the emergence of important business. Even the payment of members is not enough to bring people away from their homes, and break up their avocations, for several months every year. The forms of procedure, as familiar to us, do not fit under such circumstances. The system of printed speeches, with division days at two or three weeks' interval, might be found serviceable. But, at all events, the entire arrangements of public deliberation need to be revised on much broader grounds than we have been accustomed to; and it is in this view, more than with any hope of bringing about immediate changes, that I have ventured to propound the foregoing suggestions.

[OPINIONS FAVOURABLE TO PRINTING.]

Since the foregoing paper was written, opinions have been expressed favourable to the use of printing as a means of shortening the debates in the House of Commons. Among the most notable of the authorities that have declared their views, we may count Lord Derby and Lord Sherbrooke. Both advocate the printing of the answers by ministers to the daily string of questions addressed to them. Lord Derby goes a step farther. He would have everyone introducing a bill to prepare a statement of his reasons, to be circulated among members at the public expense. Even this small beginning would be fruitful of important consequences; the greatest being the inevitable extension of the system.

I am not aware that my suggestion as to requiring a plurality of members to back every bill and every proposal, has gained any degree of support. It was urged that, if the power were taken away from single members to move in any case whatever, the few that are accustomed to find themselves alone, would form into a group to back each other. I do not hesitate to say that the supposition is contrary to all experience. Crotcheteers have this in common with the insane, that they can seldom agree in any conjoined action. Even in the very large body constituting our House of Commons, it is not infrequent for motions to be made without obtaining a seconder. The requirement of even five concurring members would put an extinguisher upon a number of propositions that have at present to be entertained.

The last session (1883) has opened the eyes of many to the absurdity of allowing a single member to block a bill. When it is considered that, in an assembly of six hundred, there is probably at least one man, like Fergus O'Conner, verging on insanity, and out of the reach of all the common motives,—we may well wonder that a deliberative body should so put itself at the mercy of individuals. Surely the rule, for stopping bills at half-past twelve, might have been accompanied with the requirement of a seconder, which would have saved many in the course of the recent sessions. It is the gross abuse of this power that is forcing upon reluctant minds the first advance to plural backing, and there is now a demand for five or six to unite in placing a block against a measure.

It occurred to Mr. Gladstone, during the autumn session of 1882, to take down the statistics of attendance in the House for several days running. His figures were detailed to the House, in one of his speeches, and were exactly what we were prepared for. They completely "pounded and pulverised" the notion, that listening to the debates is the way that members have their minds made up for giving their votes.

[EXTRA-PARLIAMENTARY DISCUSSION INCREASING.]

The recent parliamentary recess has witnessed an unusual development in the out-of-door discussion of burning questions. In addition to a full allowance of vacation oratory, and the unremitted current of the newspaper press, the monthlies have given forth a number of reasoned articles by cabinet ministers and by men of ministerial rank in the opposition. The whole tendency of our time is, to supersede parliamentary discussion by more direct appeals to the mind of the public.

To stop entirely the oral discussion of business in Parliament would have some inconveniences; but the want of adequate consideration of such measures as possessed the smallest interest with any class, would not be one of them.

FOOTNOTES:

[18]

Contemporary Review, November, 1880.

[19]

I have often thought that, the practice of circulating, with a motion, the proposer's reasons, would, on many occasions, be worthy of being voluntarily adopted.

It may be useful here to supply a few memoranda as to the history and present practice of Subscription to Articles.

In theQuarterly Review, No. 117, the following observations are made respecting the first imposition of Tests after the English Reformation:—-

"Before the Reformation no subscription was required from the body of the clergy, as none was necessary. The bishops at their consecration took an oath of obedience to the King, in which, besides promising subjection in matters temporal, they 'utterly renounced and clearly forsook all such clauses, words, sentences, and grants, which they had or should have of the Pope's Holiness, that in any wise were hurtful or prejudicial to His Highness or His Estate Royal'; whilst to the Pope they bound themselves by oath to keep the rules of the Holy Fathers, the decrees, ordinances, sentences, dispositions, reservations, provisions, and commandments Apostolic, and, to their powers, to cause them to be kept by others. And, as their command over their clergy was complete, and they could at once remove any who violated the established rule of opinion, no additional obligation or engagement from men under such strict discipline was requisite. The statement, therefore (by Dean Stanley), that 'the Roman Catholic clergy, and the clergy of the Eastern Church, neither formerly, nor now, were bound by any definite forms of subscription; and that the unity of the Church is preserved there as the unity of the State is preserved everywhere, not by preliminary promises or oaths, but by the general laws of discipline and order'; though true to the letter, is really wholly untrue in its application to the argument concerning subscriptions. For it is to the total absence of liberty, and to the severity of 'the general laws of discipline and order,' and not to a liberty greater than our own, that this absence of subscription is due.

"In point of fact, the requirement of subscription from the clergy was coeval with the upgrowth of liberty of opinion: while the circumstances of the English Reformation of religion made it essential to the success and the safety of that great movement. It was essential to its success; for as it was accomplished mainly by a numerical minority, both of the clergy and laity of the land, there could be no other guarantee of its maintenance than the assurance that its doctrines would be honestly taught, and its ritual observed by the whole body of the conforming clergy.

"Thus theReformation subscriptions aimed at the prevention of covert Popery, a danger to which the Reforming laity felt that they were exposed by the strong wishes of a majority of their own class; by the undissembled bias of many of the parochial clergy; and by the secret bias of some even of the bi-hops; whilst the diminution of their absolute control over the clergy lessened the power of enforcing the new opinions when the bishop was sincerely attached to them."

The entire article is of value both for its historical information as to the history of Tests in the English Church, and for its mode of advocating the retention of subscription to the Articles, as at present enforced.

[Subscription came with the English Reformation.]

The Report of the Royal Commission of 1864, on Subscription in the English Church, supplied a complete account of all the changes in subscription from the Reformation downwards. Reference may also be made to Stoughton's "History of Religion in England," for the incidents in greater detail.

Perhaps the most remarkable defence of Liberty, as against the prevailing view in the English Church, is Dean Milman's speech before the Clerical Subscription Commission, of which he was a member. It is printed inFraser's Magazine, March, 1865, and is included in the criticism of theQuarterly Reviewarticle, already quoted.

The Dean's Resolution submitted to the Commission was as follows:—

"Conformity to the Liturgy of the Church of England being the best and the surest attainable security for 'the declared agreement of the Clergy with the doctrines of the Church'; with many the daily, with all the weekly public reading of the services of the Church of England (containing, as they do, the ancient creeds of the Church Catholic), and the constant use of the Sacramental offices and other formularies in the Book of Common Prayer, being a solemn and reiterated pledge of their belief in those doctrines, the Subscription to the thirty-nine Articles is unnecessary. Such Subscription adds no further guarantee for the clergyman's faithfulness to the doctrines of the Church; while the peculiar form and controversial tone in which the Articles were compiled is the cause of much perplexity, embarrassment, and difficulty, especially to the younger clergy and to those about to enter into Holy Orders."

Much doubt was entertained, whether this motion came within the terms of the Commission. It was not pressed by the Dean.

I give the following quotation from the speech:—

... "And if I venture to question the expediency, the wisdom, I will say the righteousness of retaining subscription to the thirty-nine Articles as obligatory on all clergymen, I do so, not from any difficulty in reconciling with my own conscience what, during my life, I have done more than once, but from the deep and deliberate conviction that such subscription is altogether unnecessary as a safeguard for the essential doctrines of Christianity, which are more safely and fully protected by other means. It never has been, is not, and never will be a solid security for its professed object, the reconciling or removing religious differences, which it tends rather to create and keep alive; is embarrassing to many men who might be of the most valuable service in the ministry of the Church; is objectionable as concentrating and enforcing the attention of the youngest clergy on questions, some abstruse, some antiquated, and in themselves at once so minute and comprehensive as to harass less instructed and profound thinkers, to perplex and tax the sagacity of the most able lawyers and the most learned divines....

"One of my chief objections to subscription to the thirty-nine Articles as a perpetual test of English Churchmanship is that they are throughout controversial, and speak, as of necessity they must speak, the controversial language of their day; they cannot, therefore, in my opinion, be fully, clearly, and distinctly understood without a careful study and a very wide knowledge of the disputes and opinions of those times, a calm yet deep examination of their meaning, objects, limitations, which cannot be expected from young theological students, from men fresh from their academical pursuits. I venture to add, indeed to argue, that their true bearing and interpretation seems to me to have escaped some of our most eminent judges from want of that full study and perfect knowledge; and I must say that, in these laborious and practical day, it may be questioned whether this study of controversies, many of them bygone, will be so useful, so profitable, as entire devotion to the plainer and simpler duties of the clergyman.

"Their immense range, too, the infinite questions into which they branch out (it has been said, I know not how truly, that five hundred questions may be raised upon them), is a further objection to their maintenance as a preliminary and indispensable requirement before the young man is admitted to Holy Orders. On the whole I stand, without hesitation, to my proposition, that the doctrines of the English Church are not only more simply, but more fully, assuredly, more winningly, taught in our Liturgy and our Formularies than in our Articles."

The very elaborate work of Mr. Taylor Innes, entitled the "Law of Creeds," is exhaustive for Scotland; including both the Established Church and the various sects of Protestant Dissenters. It also incidentally takes notice of some of the more critical decisions on heresy cases in the English Church. Mr. Innes properly points out, that the abolition of Subscription is compatible with compulsory adherence to Articles. The relaxation of the forms of Subscription in the English Church, by the Act of 1865, gave a certain amount of relief to the consciences of the clergy, but left them as much exposed as ever to suits for heresy.

[Report of Presbyterian Alliance.]

For the usages of the Reformed Churches, on the Continent, and in America, a mass of valuable information has been furnished in the Report of the Second General Council of the Presbyterian Alliance, convened at Philadelphia, September, 1880. At the previous meeting of the Council, held at Edinburgh, July, 1877, a Committee was appointed to Report on the Creeds and Subscriptions in use among the various bodies forming the Alliance. It is unnecessary to refer to the answers given in to the Committee's Queries, from Great Britain and Ireland, except to complete the history of the Presbyterian Church of England, so long distinguished for the abeyance of clerical subscription.

It was in 1755, that the Presbytery of Newcastle made a movement towards disclaiming the Arian, Socinian and other heresies, but without proposing a Confession. In 1784, the same Presbytery adopted a Formula accepting the Westminster Confession; in 1802, however, subscription to the Formula was rescinded. Through Scottish influence, the return to the Westminster Confession was gradually brought about in the early part of the century. That Confession was formally adopted by the Presbytery of Newcastle in 1824; and since 1836, all the ministers of the body have been required to accept it in the most unqualified manner.

The Calvinistic Methodists of Wales drew up, in 1823, a Confession consisting of forty-four articles, agreeing substantially with the Westminster Confession. Subscription is not required: but the clergy, prior to ordination, make a statement of their doctrinal views, which amounts to nearly the same thing. Like the Roman Catholic Church, the Methodists depend upon discipline rather than upon Subscription.

The Congregational Churches take up almost the same attitude towards their clergy. There is no subscription; but any great deviation from the prevailing views of the body leads to forfeiture of the position of brotherhood, and possibly also to severance from the charge of a congregation. Still, the absence of a binding and penal test is favourable to freedom, from the present tendency of men's minds in that direction.

As regards the Presbyterian Church in the United States of America, we find that the first Presbytery was constituted in 1705. No formal statement of doctrine was considered necessary till the lapse of about a quarter of a century, when the spread of Arianism in England urged the Synod of Philadelphia to pass what was called the "Adopting Act" in 1729, by which they hoped to exclude from American churches British ministers tainted with Arian views. They agreed that all the ministers of this Synod, or that shall hereafter be admitted into this Synod, shall declare their agreement in and approbation of the Confession of Faith, with the Larger and Shorter Catechisms of the Assembly of Divines at Westminster, as being, in all the essential and necessary articles, good forms of sound words and systems of Christian doctrine, "and we do also adopt the said confession and the catechisms as the Confession of our faith ".

The formula subscribed by ministers at their ordination is, however, less stringent than that in use in the Churches of Scotland.

[French Protestant Churches.]

Turning next to the Continent we may refer, first, to the French Protestant Church, now consisting of two divisions —(1) The Reformed Church united to the State, and (2) The Union of the Evangelical Churches.

The Gallic Confession, styled "La Rochelle," the joint work of Calvin and Chaudien, was adopted as the doctrinal standard of the Reformed French Churches in their first national synod, which met at Paris in May, 1559, and was revised and confirmed by the seventh synod, which assembled at La Rochelle under the presidency of Theodore Beza in 1571. It is composed of forty articles, which reproduce faithfully the Calvinistic doctrine. But it is not accepted as infallible; the final authority, in the light of which successive synods may reform it, is the Bible.

"The reformed doctrine, as sanctioned by the Confession of La Rochelle, was, in its essential features, recognised and professed by all Protestant France; and, notwithstanding its sufferings and internal dissensions, the Church during the first quarter of the 17th century held its own course and remained faithful to itself. A consistory, that of Caen, had, even as late as 1840, restored in the churches of its jurisdiction the Confession of La Rochelle in its full vigour. Little by little, however, under the influence of the naturalistic philosophy of the 18th century, the negative criticism of Germany, and above all the religious indifference which followed the repose which the Church was enjoying after two centuries of persecution, the Confession of Faith as well as the discipline fell into disuse. It was never really abrogated.... However, it is a practical fact that the partisans of one of the two sections which to-day divide the Reformed Church of France, not only do not consider themselves bound by the Confession of La Rochelle, but, tending more and more towards Rationalism, and seeing in Protestantism only the religion of free thought, have come to reject the great miracles of the gospel, and to demand for their pastors, in the bosom of the Church, unlimited freedom in teaching. While on the one hand the sovereignty of the Holy Scriptures is claimed, on the other is held the rule of individual conscience."

The majority of the official synod which met at Paris in September, 1848, refused to put an end to the doctrinal disorder in the Church by establishing in the Church a clear and positive law of faith. The minority, regarding the adverse vote as an official sufferance of indifference on doctrinal matters, separated themselves from their brethren, and founded the "Union of the Evangelical Churches of France".

[General Synod of Paris in 1872.]

In 1872, "in the face of attacks directly aimed, in the bosom of the Church, at the unity of her doctrine," the thirtieth general synod, assembled at Paris, drew up, not a complete Confession of Faith, but a declaration determining the doctrinal limits of the Church, and proclaiming "the sovereign authority of the Holy Scriptures with regard to belief, and salvation through faith in Jesus Christ, the only begotten Son of God, who died for our sins and rose again for our justification".[20]

Down to 1824, new pastors indicated their adherence to the Confession of Faith by signature. In 1824, however, signature was replaced by a solemn promise. "Since that time different formulas have been used at the will of the pastors performing the ordination, without any one of them having the sanction of a synod, and without the manner of adherence having been expressly stipulated."

"Since the Synod of 1872, in ordinations over which pastors attached to the Synodal Church have presided, candidates are required to conform formally, in the presence of the congregation, to the declaration of faith adopted by the Synod. Article 2, of the complete law, declares: 'Every candidate for holy orders must, before receiving ordination, affirm that he adheres to the faith of the Church as stated by the general synod'."

Theological professors were sometimes appointed without conditions. Still they were not permitted to teach doctrines in glaring contradiction to the general belief of the Churches. For example, in 1812, M. Gasc, professor of theology at Montauban, attacked in his lectures the doctrine of the Trinity, whereupon several consistories required him either to retract his opinions or to resign his post. M. Gasc retracted his opinions.

"The Evangelical Churches of France, composed of members who have made an explicit and individual profession of faith, and who recognise in religious matters no other authority than that of Jesus Christ, the only and sovereign head of the Church," accept the Old and New Testaments as directly inspired by God and so constituting the only and infallible rule of faith and life.

[Churches of Switzerland.]

The Churches of Switzerland have the pre-eminence in the relaxation or disuse of Tests. The following is a summary of their practice:—

The Reformed Church of the Canton of Vaud.

According to the ecclesiastical law of May 19, 1863 (slightly modified by a decree of December 2, 1874), theNational Churchof the Canton of Vaud "desires chiefly that its members should lead a Christian life," and "admits no other rule of instruction than the Word of God contained in the Holy Scriptures". Every candidate for the ministry is required by the ecclesiastical law of December 14, 1839, to "swear that he will discharge conscientiously the duties which the National Reformed Evangelical Church imposes upon its ministers, and that he will preach the Word of God in its purity and integrity as it is contained in the Holy Scriptures". "When accusation is brought against any minister on the ground of doctrine, the proceedings are distinctly marked; but in reality it is simply required that 'the jurymen give a conscientious verdict'."

TheFree Evangelical Churchof the Canton of Vaud requires that candidates for the ministry be examined as to their religious life, their calling to the ministry, their doctrine and their ecclesiastical principles by a committee of the synodical commission, with pastors and elders. After examination the candidate must "declare his cordial adhesion to the doctrines and institutions of the Free Church". This pledge is verbal.

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