Footnote 146:The Bishop of Sodor and Man is entitled to a seat, but not to take part in the chamber's proceedings. His status has been compared to that of a territorial delegate in the United States. Moran, The English Government, 170.(Back)
Footnote 147:On the composition of the House of Lords see Lowell, Government of England, I., Chap. 21; Anson, Law and Custom of the Constitution, I., Chap. 5; May and Holland, Constitutional History of England, I., Chap. 5; Moran, English Government, Chap. 10; Low, Governance of England, Chap. 12; Courtney, Working Constitution of the United Kingdom, Chap. 11; Macy, English Constitution, Chap. 4; Marriott, English Political Institutions, Chaps. 6-7; and Walpole, The Electorate and the Legislature, Chap. 2. The subject is treated in greater detail in Pike, Constitutional History of the House of Lords, especially Chap. 15.(Back)
Footnote 148:There are, of course, Englishmen who concur in the dictum of Sieyès that "if a second chamber dissents from the first, it is mischievous; if it agrees, it is superfluous." An able exponent of this doctrine, within recent years, is Sir Charles Dilke.(Back)
Footnote 149:Dickinson, Development of Parliament during the Nineteenth Century, Chap. 3.(Back)
Footnote 150:Notably in respect to legislation abolishing the plural vote and regulating the liquor traffic. The Lords rejected a Plural Voting Bill and an Aliens Bill in 1906, a Land Values Bill in 1907, and a Licensing Bill in 1908. In the interest of accuracy it should be observed that during the first session of 1906 a total of 121 bills became law, that only four (including the Education Bill) passed by the Commons were rejected by the Lords, and that fifteen passed by the Lords were rejected in the Commons. The proportions at most sessions during the period under review were substantially similar. But, of course, measures rejected by the Lords were likely to be those in which the interest of the Liberal government was chiefly(Back)
centered.]
Footnote 151:May and Holland, Constitutional History of England, III., 343-349. For references on the general subject of the reform of the Lords see pp.115-116.(Back)
Footnote 152:Ilbert, Parliament, 205.(Back)
Footnote 153:It was in pursuance of this policy that Sir William Vernon-Harcourt incorporated in the Finance Bill of 1894, extensive changes in the death duties and Sir Michael Hicks-Beach, in 1899, included proposals for altering the permanent provisions made for the reduction of the national debt.(Back)
Footnote 154:Strictly, the Lords declined to assent to the Budget until it should have been submitted to the judgment of the people. On the nature of the Government's finance proposals see May and Holland, Constitutional History of England, III., 350-355; G. L. Fox, The British Budget of 1909, inYale Review, Feb., 1910; and D. Lloyd-George, The People's Budget (London, 1909), containing extracts from the Chancellor's speeches on the subject.(Back)
Footnote 155:The Finance Bill passed its third reading in the House of Commons April 27, was passed in the Lords April 28, without division, and received the royal assent April 29.(Back)
Footnote 156:The votes on the three resolutions were, respectively, 339 to 237, 351 to 246, and 334 to 236.(Back)
Footnote 157:For the growth of the idea of the referendum see H. W. Horwill, The Referendum in Great Britain, inPolitical Science Quarterly, Sept., 1911.(Back)
Footnote 158:When, July 24, Premier Asquith rose in the Commons to reply to the Lords' amendments there resulted such confusion that for the first time in generations, save upon one occasion in 1905, the Speaker was obliged to adjourn a sitting on account of the disorderly conduct of members.(Back)
Footnote 159:Had the Unionists maintained to the end their attitude of opposition the number of peers which would have had to be created to ensure the enactment of the bill would have been some 400.(Back)
Footnote 160:The final vote in the Lords was 131 to 114. The Unionist peers who voted with the Government numbered 37.(Back)
Footnote 161:An incidental effect of the act is to exalt the power and importance of the Speaker, although it should be observed that the Speaker has long been accustomed to state at the introduction of a public bill whether in his judgment the rights or privileges claimed by the House of Commons in respect to finance had been infringed. If he were of the opinion that there had been infringement, it remained for the House to determine whether it would insist upon or waive its privilege Ilbert, Parliament, 207.(Back)
Footnote 162:The Parliament Act is the handiwork, of course, of the Liberal party, and only that party is likely to acknowledge the obligation to follow up the reform of the Lords which the measure imposes. But the Unionists may be regarded as committed by Lord Lansdowne's bill to some measure of popularization of the chamber.(Back)
Footnote 163:During the discussions of 1910 an interesting suggestion was offered (April 25) by Lord Wemyss to the effect that the representative character of the chamber should be given emphasis by the admission of three members designated by each of some twenty-one commercial, professional, and educational societies of the kingdom, such as the Royal Academy of Arts, the Society of Engineers, the Shipping Federation, and the Royal Institute of British Architects.(Back)
Footnote 164:The literature of the question of second chamber reform in England is voluminous and but a few of the more important titles can be mentioned here. The subject is discussed briefly in Lowell, Government of England, I., Chap. 22; Moran, English Government, Chap. 11; Low, Governance of England, Chap. 13; and H. W. V. Temperley, Senates and Upper Chambers (London, 1910), Chap. 5. Important books include W. C. Macpherson, The Baronage and the Senate; or the House of Lords in the Past, the Present, and the Future (London, 1893); T. A. Spalding, The House of Lords: a Retrospect and a Forecast (London, 1894); J. W. Wylie, The House of Lords (London, 1908); W. S. McKechnie, The Reform of the House of Lords (Glasgow, 1909); W. L. Wilson, The Case for the House of Lords (London, 1910); and J. H. Morgan, The House of Lords and the Constitution (London, 1910). Of these, the first constitutes one of the most forceful defenses and the second one of the most incisive criticisms of the upper chamber that have been written. A brief review by an able French writer is A. Esmein, La Chambre des Lords et la démocratie (Paris, 1910). Among articles in periodicals may be mentioned H. W. Horwill, The Problem of The House of Lords, inPolitical Science Quarterly, March, 1908; E. Porritt, The Collapse of the Movement against the Lords, inNorth American Review, June, 1908; ibid., Recent and Pending Constitutional Changes in England, inAmerican Political Science Review, May, 1910; J. L. Garvin, The British Elections and their Meaning, inFortnightly Review, Feb., 1910; J. A. R. Marriott, The Constitutional Crisis, inNineteenth Century, Jan., 1910. A readable sketch is A. L. P. Dennis, Impressions of British Party Politics, 1909-1911, inAmerican Political Science Review, Nov., 1911; and the best accounts of the Parliament Act and of its history are: Dennis, The Parliament Act of 1911, ibid., May and Aug., 1912; May and Holland, Constitutional History of England, III., 343-384; Lowell, Government of England (rev. ed., New York, 1912), Chap. 23a;Annual Registerfor the years 1910 and 1911; M. Sibert, Le vote du Parliament Act, inRevue du Droit Public, Jan.-March, 1912; and La réforme de la Chambre des Lords, ibid., July-Sept., 1912. A book of some value is C. T. King, The Asquith Parliament, 1906-1909; a Popular Sketch of its Men and its Measures (London, 1910).(Back)
Footnote 165:Government of England, I., 418-419.(Back)
Footnote 166:Triennial Act of December 22, 1694.(Back)
Footnote 167:On the ceremonies involved in the opening, adjournment, prorogation, and dissolution of a parliament see Anson, Law and Custom of the Constitution, I., 61-77; J. Redlich, The Procedure of the House of Commons; a Study of its History and Present Form, trans. by A. E. Steinthal, 3 vols. (London, 1908), II., 51-67; T. E. May, Treatise on the Law, Privileges, Proceedings, and Usage of Parliament (11th ed., London, 1906), Chap. 7; A. Wright and P. Smith, Parliament, Past and Present, 2 vols. (London, 1902), II., Chap. 25; MacDonaugh, The Book of Parliament, 96-114, 132-147, 184-203; and H. Graham, The Mother of Parliaments (Boston, 1911), 135-157.(Back)
Footnote 168:MacDonaugh, The Book of Parliament, 79-95; Graham, The Mother of Parliaments, 60-80; Wright and Smith, Parliament, Past and Present, I., Chaps. 11-13. The classic history of the old Palace of Westminster is E. W. Brayley and J. Britton, History of the Ancient Palace and Late Houses of Parliament at Westminster (London, 1836).(Back)
Footnote 169:Lowell, Government of England, I., 249. Visitors, technically "strangers," are present only on sufferance and may be excluded at any time; but the ladies' gallery is not supposed to be within the chamber, so that an order of exclusion does not reach the occupants of it. In the autumn of 1908, however, the disorderly conduct of persons in the ladies' and strangers' galleries caused the Speaker to close these galleries during the remainder of the session. In 1738 the House declared the publication of its proceedings "a high indignity and a notorious breach of privilege," and, technically, such publication is still illegal. In 1771, however, the reporters' gallery was fitted up, and through a century and a quarter the proceedings have been reported and printed as a matter of course. On the status of the public and the press in the chamber see Ilbert, Parliament, Chap. 8; Redlich, Procedure of the House of Commons; II., 28-38; MacDonaugh, The Book of Parliament, 310-329, 350-365; and H. Graham, The Mother of Parliaments, 259-287.(Back)
Footnote 170:Ilbert, Parliament, 124. The chamber is described fully in Wright and Smith, Parliament, Past and Present, Chap. 19.(Back)
Footnote 171:This order runs: Prince of Wales, other princes of the royal blood, Archbishop of Canterbury, Lord Chancellor, Archbishop of York, Lord President of the Council, Lord Privy Seal, the dukes, the marquises, the earls, the viscounts, the bishops, and the barons.(Back)
Footnote 172:For full description, with illustrations, see Wright and Smith, Parliament, Past and Present, Chap. 18.(Back)
Footnote 173:Redlich, Procedure of the House of Commons, II., 68-77.(Back)
Footnote 174:In point of fact, the Chairman and Deputy Chairman retire when the ministry by which they have been nominated goes out of office.(Back)
Footnote 175:On this account he is referred to ordinarily as the Chairman of Committees.(Back)
Footnote 176:American Commonwealth, I., 135.(Back)
Footnote 177:Parliament, 140-141.(Back)
Footnote 178:See p.112.(Back)
Footnote 179:On the officers of the House of Commons see Lowell, Government of England, I., Chap. 12; on the speakership, Redlich, Procedure of the House of Commons, II., 131-171; Graham, The Mother of Parliaments, 119-134; MacDonaugh, The Book of Parliament, 115-132; Porritt, Unreformed House of Commons, I., Chaps. 21-22; A. I. Dasent, The Speakers of the House of Commons from the Earliest Times to the Present Day (New York, 1911); and G. Mer, Les speakers: étude de la fonction présidentielle en Angleterre et aux États-Unis (Paris, 1910).(Back)
Footnote 180:On committees on private bills see p.137. The committees of the House of Commons are described in Lowell, Government of England, I., Chap. 13; Marriott, English Political Institutions, Chap. 11; Ilbert, Parliament, Chap. 6; Redlich, Procedure of the House of Commons, II., 180-214; and May, Treatise on the Law, Privileges, Proceedings, and Usage of Parliament, Chaps. 13-14.(Back)
Footnote 181:See p.127.(Back)
Footnote 182:See p.63.(Back)
Footnote 183:In the days of Elizabeth the presiding official sat upon a sack actually filled with wool. He sits now, as a matter of fact, upon an ottoman, upholstered in red. But the ancient designation of the seat survives.(Back)
Footnote 184:The sum provided from the party funds was ordinarily £200 a year.(Back)
Footnote 185:On the privileges of the Commons see Anson, Law and Custom of the Constitution, I., 153-189; Lowell, Government of England, I., Chap. 11; Walpole, Electorate and Legislature, Chap. 5; Redlich, Procedure of the House of Commons, III., 42-50. A standard work in which the subject is dealt with at length is May, Treatise on the Law, Privileges, Proceedings, and Usage of Parliament, Chaps. 3-6.(Back)
Footnote 186:See p.314.(Back)
Footnote 187:Parliament,113-114.(Back)
Footnote 188:Ilbert, Parliament, 119. On the Commons' control of the Government see Lowell, Government of England, I., Chap. 17; Moran, English Government, Chap. 8; Low, The Governance of England, Chap. 5; Todd, Parliamentary Government, II., 164-185.(Back)
Footnote 189:Anson, Law and Custom of the Constitution, I., 362-366; Moran, English Government, 327-332.(Back)
Footnote 190:Lowell, Government of England, II., 465.(Back)
Footnote 191:When Parliament is in session the sittings of the law lords are held, as a rule, prior to the beginning of the regular sitting at 4.30P.M.(Back)
Footnote 192:The judicial functions of Parliament are described at some length in Anson, Law and Custom of the Constitution, I., Chap. 9. The principal work on the subject is C. H. McIlwain, The High Court of Parliament and its Supremacy (New Haven, 1910). On the House of Lords as a court see MacDonaugh, The Book of Parliament, 300-309; A. T. Carter, History of English Legal Institutions (London, 1902), 96-109; and W. S. Holdsworth, History of English Law, I., 170-193.(Back)
Footnote 193:Law and Custom of the Constitution, I., 52.(Back)
Footnote 194:See p.45.(Back)
Footnote 195:Except that money bills remain in the custody of the Commons.(Back)
Footnote 196:See p.138.(Back)
Footnote 197:The legislative process is summed up aptly by Lowell as follows: "Leaving out of account the first reading, which rarely involves a real debate, the ordinary course of a public bill through the House of Commons gives, therefore, an opportunity for two debates upon its general merits, and between them two discussions of its details, or one debate upon the details if that one results in no changes, or if the bill has been referred to a standing committee. When the House desires to collect evidence it does so after approving of the general principle, and before taking up the details. Stated in this way the whole matter is plain and rational enough. It is, in fact, one of the many striking examples of adaptation in the English political system. A collection of rules that appear cumbrous and antiquated, and that even now are well-nigh incomprehensible when described in all their involved technicality, have been pruned away until they furnish a procedure almost as simple, direct, and appropriate as any one could devise." Government of England, I., 277-278. The procedure of the House of Commons on public bills is described in Lowell, Government of England, I., Chaps. 13, 17, 19; Anson, Law and Custom of the Constitution, I., 240-267; Low, Governance of England, Chap. 4; Moran, English Government, Chap. 14; Marriott, English Political Institutions, Chap. 113; Todd, Parliamentary Government, II., 138-163; Ilbert, Parliament, Chap. 3; Redlich, Procedure of the House of Commons, III., 85-112; and May, Treatise on the Law, Privileges, Proceedings, and Usage of Parliament, Chap. 18. See also G. Walpole, House of Commons Procedure, with Notes on American Practice (London, 1902), and C. P. Ilbert, Legislative Methods and Forms (Oxford, 1901), 77-121.(Back)
Footnote 198:Before the lapse of a twelvemonth unforeseen contingencies require invariably the voting of "supplementary grants."(Back)
Footnote 199:Government of England, I., 288.(Back)
Footnote 200:Since the enactment of the Parliament Bill of 1911, as has been observed, the assent of the Lords is not necessary. See p.112.(Back)
Footnote 201:The procedure involved in the handling of money bills is described in Lowell, Government of England, I., Chap. 14; Anson, Law and Custom of the Constitution, I., 268-281; Walpole, Electorate and Legislature, Chap. 7; Todd, Parliamentary Government, II., 186-271; Ilbert, Parliament, Chap. 4; Redlich, Procedure of the House of Commons, III., 113-174; May, Treatise on the Law, Privileges, Proceedings, and Usage of Parliament, Chap. 21. See also E. Porritt, Amendments in the House of Commons Procedure since 1881, inAmerican Political Science Review, Nov., 1908. Among numerous works on taxation in England the standard authority is S. Dowell, History of Taxation and Taxes in England from the Earliest Times to the Year 1885, 4 vols. (2d ed., London, 1888).(Back)
Footnote 202:To facilitate their consideration, such measures are distributed approximately equally between the two houses. This is done through conference of the Chairmen of Committees of the two houses, or their counsel, prior to the assembling of Parliament.(Back)
Footnote 203:Government of England, I., 385. On private bill legislation see Lowell, I., Chap. 20; Anson, Law and Custom of the Constitution, I, 291-300; May, Treatise on the Law, Privileges, Proceedings, and Usage of Parliament, Chaps. 24-29; Courtney, Working Constitution of the United Kingdom, Chap. 18; MacDonaugh, The Book of Parliament, 398-420. The standard treatise upon the subject is F. Clifford, History of Private Bill Legislation, 2 vols. (London, 1885-1887). A recent book of value is F. H. Spencer, Municipal Origins; an Account of English Private Bill Legislation relating to Local Government, 1740-1835, with a Chapter on Private Bill Procedure (London, 1911).(Back)
Footnote 204:Anson, Law and Custom of the Constitution, I., 253.(Back)
Footnote 205:On parliamentary oratory see Graham, The Mother of Parliaments, 203-224.(Back)
Footnote 206:The name was first employed in 1887.(Back)
Footnote 207:Redlich, Procedure of the House of Commons, I., 133-212; Graham, The Mother of Parliaments, 158-172. An excellent illustration of the use of the guillotine is afforded by the history of the passage of the National Insurance Bill of 1911. SeeAnnual Register(1911), 232-236.(Back)
Footnote 208:On the conduct of business in the Commons see Lowell, Government of England, I, Chaps. 15-16; Moran, English Government, Chap. 15; Walpole, Electorate and Legislature, Chap. 8; Ilbert, Parliament, Chap. 5; Redlich, Procedure of the House of Commons, II., 215-264, III., 1-41; May, Treatise on the Law, Privileges, Proceedings, and Usage of Parliament, Chaps, 8-12; Medley, Manual of English Constitutional History, 231-284; Graham, The Mother of Parliaments, 225-258; and MacDonaugh, The Book of Parliament, 217-247.(Back)
Footnote 209:On the conduct of business in the Lords see Anson, Law and Custom of the Constitution, I., 281-291.(Back)
Footnote 210:For a fuller exposition of the relations of party and the parliamentary system see Lowell, Government of England, I., Chap. 24. The best description of English parties and party machinery is that contained in Chaps. 24-37 of President Lowell's volumes. The growth of parties and of party organization is discussed with fullness and with admirable temper in M. Ostrogorski, Democracy and the Organization of Political Parties, trans. by F. Clarke, 2 vols. (London, 1902). A valuable monograph is A. L. Lowell, The Influence of Party upon Legislation in England and America, inAnnual Report of American Historical Association for 1901(Washington, 1902), I., 319-542. An informing study is E. Porritt, The Break-up of the English Party System, inAnnals of American Academy of Political and Social Science, V., No. 4 (Jan., 1895), and an incisive criticism is H. Belloc and H. Chesterton, The Party System (London, 1911). There is no adequate history of English political parties from their origins to the present day. G. W. Cooke, The History of Party from the Rise of the Whig and Tory factions in the Reign of Charles II. to the Passing of the Reform Bill, 3 vols. (London, 1836-1837) covers the subject satisfactorily to the end of the last unreformed parliament. Other party histories—as T. E. Kebbel, History of Toryism (London, 1886); C. B. R. Kent, The English Radicals (London, 1899); W. Harris, History of the Radical Party in Parliament (London, 1885); and J. B. Daly, The Dawn of Radicalism (London, 1892)—cover important but restricted fields. An admirable work which deals with party organization as well as with party principles is R. S. Watson, The National Liberal Federation from its Commencement to the General Election of 1906 (London, 1907). For further party histories see p.160,166.(Back)
Footnote 211:See p.39.(Back)
Footnote 212:The party history of the period 1700-1792 is related admirably and in much detail in W. E. H. Lecky, History of England in the Eighteenth Century, 7 vols. (new ed., New York, 1903). Beginning with 1815, the best work on English political history in the earlier nineteenth century is S. Walpole, History of England from the Conclusion of the Great War in 1815, 6 vols. (new ed., London, 1902). A good general account is contained in I. S. Leadam, The History of England from the Accession of Anne to the Death of George II. (London, 1909), and W. Hunt, The History of England from the Accession of George III. to the Close of Pitt's First Administration (London, 1905). Briefer accounts of the period 1783-1830 will be found in May and Holland, Constitutional History of England, I., 409-440, and in Cambridge Modern History, IX., Chap. 22 and X., Chaps. 18-20 (see bibliography, pp. 856-870). Important biographies of political leaders include A. von Ruville, William Pitt, Graf von Chatham, 3 vols. (Stuttgart and Berlin, 1905); W. D. Green, William Pitt, Earl of Chatham (London, 1901); E. Fitzmaurice, Life of William, Earl of Shelburne, 3 vols. (London, 1875-1876); Lord P. H. Stanhope, Life of Pitt, 4 vols. (London, 1861-1862); Lord Rosebery, Pitt (London, 1891); and Lord J. Russell, Life of Charles James Fox, 3 vols. (1859-1867).(Back)
Footnote 213:The name Conservative was employed by Canning as early as 1824. Its use was already becoming common when, in January, 1835, Peel, in his manifesto to the electors of Tamworth, undertook an exposition of the principles of what he declared should be known henceforth as the Conservative—not the Tory—party.(Back)
Footnote 214:S. Leathes, in Cambridge Modern History, XII., 30-31.(Back)
Footnote 215:The political history of the period 1830-1874 is covered very satisfactorily in W. N, Molesworth, History of England from the Year 1830-1874, 3 vols. (London, 1874). Other general works include: Walpole, History of England, vols. 3-6, extending to 1856; H. Paul, History of Modern England, 5 vols. (London, 1904-1906), vols. 1-3, beginning with 1845; J. McCarthy, History of Our Own Times from the Accession of Queen Victoria, 7 vols. (1877-1905), vols. 1-3, beginning with the events of 1837; J. F. Bright, History of England, 5 vols. (London, 1875-1894), vol. 4; and S. Low and L. C. Sanders, History of England during the Reign of Victoria (London, 1907). Briefer treatment will be found in May and Holland, Constitutional History of England, I., 440-468, III., 67-88, and in Cambridge Modern History, XI., chaps. 1, 11, 12 (see bibliography, pp. 867-873). Biographies of importance include S. Walpole, Life of Lord John Russell, 2 vols. (London, 1889); H. Maxwell, Life of the Duke of Wellington, 2 vols. (London, 1899); J. Morley, Life of William E. Gladstone, 3 vols. (London, 1903); J. R. Thursfield, Peel (London, 1907); W. F. Monypenny, Life of Benjamin Disraeli, Earl of Beaconsfield (London, 1910-1912), vols. 1-2, covering the years 1804-1846; and S. Lee, Queen Victoria, a Biography (rev. ed., London, 1904).(Back)
Footnote 216:This was the "Newcastle Programme," drawn up at a convention of the National Liberal Federation at Newcastle in October, 1891. Items in the programme, in addition to Home Rule, included the disestablishment of the Church in Wales and Scotland, a local veto on the sale of intoxicating liquors, the abolition of the plural franchise, and articles defining employers' liability and limiting the hours of labor.(Back)
Footnote 217:C. A. Whitmore, Six Years of Unionist Government, 1886-1892 (London, 1892).(Back)
Footnote 218:The most useful works on the party history of the period 1874-1895 are Paul, History of Modern England, vols. 4-5, and Morley, Life of W. E. Gladstone, vol. 3. J. McCarthy's History of Our Own Times, vols. 4-6, covers the ground in a popular way. Useful brief accounts are May and Holland, Constitutional History of England, III., 88-127, and Cambridge Modern History, XII., Chap. 3 (bibliography, pp. 853-855). An excellent book is H. Whates, The Third Salisbury Administration, 1895-1900 (London, 1901).(Back)
Footnote 219:The two principal aspirants to the Gladstonian succession were Lord Rosebery and Sir William Vernon-Harcourt. Rosebery represented the imperialistic element of Liberalism and advocated a return of the party to the general position which it had occupied prior to the split on Home Rule. Harcourt and the majority of the party opposed imperialism and insisted upon attention rather to a programme of social reform. From Gladstone's retirement, in 1894, to 1896 leadership devolved upon Rosebery, but from 1896 to the beginning of 1899 Harcourt was the nominal leader, although Rosebery, as a private member, continued hardly less influential than before.(Back)
Footnote 220:W. Clarke, The Decline in English Liberalism, inPolitical Science Quarterly, Sept., 1901; P. Hamelle, Les élections anglaises, inAnnales des Sciences Politiques, Nov., 1900.(Back)
Footnote 221:In this speech, delivered at a great Liberal meeting, there was outlined a programme upon which Rosebery virtually offered to resume the leadership of his party. The question of Boer independence was recognized as settled, but leniency toward the defeated people was advocated. It was maintained that at the close of the war there should be another general election. And the overhauling of the army, of the navy, of the educational system, and of the public finances, was marked out as an issue upon which the Liberals must take an unequivocal stand, as also temperance reform and legislation upon the housing of the poor.(Back)
Footnote 222:The literature of the Tariff Reform movement in Great Britain is voluminous. The nature of the protectionist proposals may be studied at first hand in J. Chamberlain, Imperial Union and Tariff Reform; speeches delivered from May 15 to November 4, 1903 (London, 1903). Worthy of mention are T. W. Mitchell, The Development of Mr. Chamberlain's Fiscal Policy, inAnnals of American Academy of Political and Social Science, XXIII., No. 1 (Jan., 1904); R. Lethbridge, The Evolution of Tariff Reform in the Tory Party, inNineteenth Century, June, 1908; and L. L. Price, An Economic View of Mr. Chamberlain's Proposals, inEconomic Review, April, 1904. A useful work is S. H. Jeyes, Life of Joseph Chamberlain, 2 vols. (London, 1903).(Back)
Footnote 223:The number of electors in the United Kingdom in 1906 was 7,266,708.(Back)
Footnote 224:Of the Opposition 102 were Tariff Reformers of the Chamberlain school, while but 16 were thoroughgoing "Free Fooders."(Back)
Footnote 225:M. Caudel, Les élections générales anglaises (janvier 1906), inAnnales des Sciences Politiques, March, 1906; E. de Noirmont, Les élections anglaises de janvier 1906; les résultats généraux inQuestions Diplomatiques et Coloniales, March 1, 1906; E. Porritt, Party Conditions in England, inPolitical Science Quarterly, June, 1906.(Back)
Footnote 226:Mr. Campbell-Bannerman resigned April 5, 1908. His successor was Mr. Asquith, late Chancellor of the Exchequer. Most of the ministers were continued in their respective offices, but Mr. Lloyd-George became Chancellor of the Exchequer, Mr. Winston Churchill President of the Board of Trade, Lord Tweedmouth President of the Council, and the Earl of Crewe Secretary of State for the Colonies.(Back)
Footnote 227:R. G. Lévy, Le budget radical anglais, inRevue Politique et Parlementaire, Oct. 10, 1909; G. L. Fox, The Lloyd-George Budget, inYale Review(Feb., 1910); E. Porritt, The Struggle over the Lloyd-George Budget, inQuarterly Journal of Economics, Feb., 1910; P. Hamelle, Les élections anglaises, inAnnales des Sciences Politiques, May 15, 1910; S. Brooks, The British Elections, inNorth American Review, March, 1910; W. T. Stead, The General Elections in Great Britain, inReview of Reviews, Feb., 1910. A useful survey is Britannicus, Four Years of British Liberalism, inNorth American Review, Feb., 1910, and a more detailed one is C. T. King, The Asquith Parliament, 1906-1909; a Popular History of its Men and Measures (London, 1910). A valuable article is E. Porritt, British Legislation in 1906, inYale Review, Feb., 1907. A French work of some value is P. Millet, La crise anglaise (Paris, 1910). A useful collection of speeches on the public issues of the period 1906-1909 is W. S. Churchill, Liberalism and the Social Problem (London, 1909).(Back)
Footnote 228:See pp.108-111.(Back)
Footnote 229:On the elections of December, 1910, see P. Hamelle, La crise anglaise: les élections de décembre 1910, inRevue des Sciences Politiques, July-Aug., 1911; E. T. Cook, The Election—Before and After, inContemporary Review, Jan., 1911; Britannicus, The British Elections, inNorth American Review, Jan., 1911; and A. Kann, Les élections anglaises, inQuestions Diplomatiques et Coloniales, Jan. 16, 1911. The best account of the adoption of the Parliament Bill is A. L. P. Dennis, The Parliament Act of 1911, inAmerican Political Science Review, May and Aug., 1912. For other references see p.115. On the National Insurance Act see E. Porritt The British National Insurance Act, inPolitical Science Quarterly, June, 1912; A. Gigot, La nouvelle loi anglaise sur l'assurance nationale, inLe Correspondant, May 10, 1912; O. Clark, The National Insurance Act of 1911 (London, 1912); and A. S. C. Carr, W. H. Stuart, and J. H. Taylor, National Insurance (London, 1912). The text of the Insurance Act is printed inBulletin of the United States Bureau of Labor, No. 102 (Washington, 1912).(Back)
Footnote 230:A recent and important work on party history is F. H. O'Donnell, A History of the Irish Parliamentary Party, 2 vols. (London, 1910). See Earl of Crewe, Ireland and the Liberal Party, inNew Liberal Review, June, 1901; E. Porritt, Ireland's Representation in Parliament, inNorth American Review, Aug., 1905; J. E. Barker, The Parliamentary Position of the Irish Party, inNineteenth Century, Feb., 1910; and P. Sheehan, William O'Brien and the Irish Centre Party, inFortnightly Review, Dec, 1910.(Back)
Footnote 231:W. J. Laprade, The Present Status of the Home Rule Question, inAmerican Political Science Review, Nov., 1912.(Back)
Footnote 232:See p.90.(Back)
Footnote 233:See p.127.(Back)
Footnote 234:H. Seton-Karr, The Radical Party and Social Reform, inNineteenth Century, Dec, 1910.(Back)
Footnote 235:Mr. Law was chosen Opposition leader in the Commons November 13, 1911, upon the unexpected retirement of Mr. Balfour from that position.(Back)
Footnote 236:At the election of 1906, 21,505 of the 25,771 votes recorded in the university constituencies were cast for Unionist candidates. Since 1885 not a Liberal member has been returned from any one of the universities.(Back)
Footnote 237:The defection was largest at the time of the Liberal Unionist secession in 1886.(Back)
Footnote 238:Two satisfactory volumes on the political activities of labor in the United Kingdom are C. Noel, The Labour Party, What it is, and What it wants (London, 1906) and A. W. Humphrey, A History of Labor Representation (London, 1912). See E. Porritt, The British Socialist Labor Party, inPolitical Science Quarterly, Sept., 1908, and The British Labor Party in 1910, ibid., June, 1910; M. Alfassa, Le parti ouvrier au parlement anglais, inAnnales des Sciences Politiques, Jan. 15, 1908; H. W. Horwill, The Payment of Labor Representatives in Parliament, inPolitical Science Quarterly, June, 1910; J. K. Hardie, The Labor Movement, inNineteenth Century, Dec, 1906; and M. Hewlett, The Labor Party of the Future, inFortnightly Review, Feb., 1910. Two books of value on English socialism are J. E. Barker, British Socialism; an Examination of its Doctrines, Policy, Aims, and Practical Proposals (London, 1908) and H. O. Arnold-Foster, English Socialism of To-day (London, 1908).(Back)
Footnote 239:The only exception to this general proposition is afforded by the fact that the sovereign may not be sued or prosecuted in the ordinary courts; but this immunity, as matters now stand, is of no practical consequence.(Back)
Footnote 240:W. M. Geldart, Elements of English Law (London and New York, 1912), 9. As this author further remarks, "if all the statutes of the realm were repealed, we should have a system of law, though, it may be, an unworkable one; if we could imagine the Common Law swept away and the Statute Law preserved, we should have only disjointed rules torn from their context, and no provision at all for many of the most important relations of life."(Back)
Footnote 241:Two monumental works dealing with the earlier portions of English legal development are F. Pollock and F. W. Maitland, History of English Law to the Time of Edward I., 2 vols. (Cambridge, 1898) and W. S. Holdsworth, History of English Law, 3 vols. (London, 1903-1909). The first volume of Holdsworth contains a history of English courts from the Norman Conquest to the present day; the other volumes deal exhaustively with the growth of the law itself. Books of value include H. Brunner, The Sources of the Law of England, trans. by W. Hastie (Edinburgh, 1888); R. K. Wilson, History of Modern English Law (London, 1875). J. F. Stephen, History of the Criminal Law of England, 3 vols. (London, 1883); Ibid., Commentaries on the Laws of England, 4 vols. (London, 1908); O. W. Holmes, The Common Law (Boston, 1881); and H. Broom and E. A. Hadley, Commentaries on the Laws of England, 4 vols. (London, 1869). A recent treatise by a German authority is J. Hatschek, Englisches Staatsrecht mit Berücksichtigung der für Schottland und Irland geltenden Sonderheiten (Tübingen, 1905). An incisive work is A. V. Dicey, Law and Public Opinion in England in the Nineteenth Century (London, 1905). A good single volume history of the law is E. Jenks, Short History of the English Law (Boston, 1912). A satisfactory introduction to both the history and the character of the law is W. M. Geldart, Elements of English Law (London and New York, 1912). Another is F. W. Maitland, Outlines of English Legal History, in Collected Papers (Cambridge, 1911), II., 417-496. Other excellent introductory treatises are Maitland, Lectures on Equity (Cambridge, 1909), and C. S. Kenny, Outlines of Criminal Law (New York, 1907). Maitland's article on English Law in the Encyclopædia Britannica, IX., 600-607, is valuable for its brevity and its clearness. On the English conception of law and the effects thereof see Lowell, Government of England, II., Chaps. 61-62. The character and forms of the statute law are sketched to advantage in C. P. Ilbert, Legislative Methods and Forms (Oxford, 1901), 1-76.(Back)
Footnote 242:It should be noted that the judicial system herein to be described is that of England alone. The systems existing in Scotland and Ireland are at many points unlike it. In Scotland the distinction between law and equity is virtually unknown and the Common Law of England does not prevail. In Ireland, on the other hand, the Common Law is operative and judicial organization and procedure are roughly similar to the English.(Back)
Footnote 243:Prior to 1846 justice in civil cases could be obtained only at Westminster, or, in any event, by means of an action instituted at Westminster and tried on circuit.(Back)
Footnote 244:A few inferior civil courts of special character have survived from earlier days, but they are anomalous and do not call for comment. It may be added that the judges of the county courts receive a salary of £1,500.(Back)
Footnote 245:The three ridings of Yorkshire and the three divisions of Lincolnshire have separate commissions, and there are a few "liberties" or excepted jurisdictions.(Back)
Footnote 246:A royal commission created to consider the mode of appointment reported in 1910; but no important modification of the existing practice was suggested.(Back)
Footnote 247:Ownership of land, or occupation of a house, worth £100 a year.(Back)
Footnote 248:See p.183.(Back)
Footnote 249:Chiefly by the Summary Jurisdiction Act of 1879.(Back)
Footnote 250:Medley, Manual of English Constitutional History, 392-400. An excellent monograph is C. A. Beard, The Office of Justice of the Peace in England, inColumbia University Studies in History, Economics, and Public Law, XX., No. 1. (New York, 1904).(Back)
Footnote 251:See p.130.(Back)
Footnote 252:See p.130.(Back)
Footnote 253:For brief descriptions of the English judicial system see Lowell, Government of England, II., Chaps. 59-60; Anson, Law and Custom of the Constitution, II., Pt. 1., Chap. 10; Marriott, English Political Institutions, Chap. 14; and Macy, The English Constitution, Chap. 7. As is stated elsewhere (p. 169), the first volume of Holdsworth's History of English Law contains an excellent history of the English courts. A useful handbook, though much in need of revision, is F. W. Maitland, Justice and Police (London, 1885). Perhaps the best brief account of the development of the English judicial system is A. T. Carter, History of English Legal Institutions (4th ed., London, 1910). Mention may be made of Maitland, Constitutional History of England, 462-484, and Medley, Manual of English Constitutional History, 318-383. Two valuable works by foreign writers are C. de Franqueville, Le système judiciaire de la Grande-Bretagne (Paris, 1898), and H. B. Gerland, Die englische Gerichtsverfassung; eine systematische Darstellung, 2 vols. (Leipzig, 1910). On the Judicature Acts of 1873-1876 see Holdsworth, I., 402-417.(Back)
Footnote 254:Lowell, Government of England, II., 144.(Back)
Footnote 255:The history of the local institutions of England prior to 1835 is related in detail in two comprehensive works: H. A. Merewether and A. J. Stephens, History of the Boroughs and Municipal Corporations of the United Kingdom, 3 vols. (London, 1835) and S. and B. Webb, English Local Government from the Revolution to the Municipal Corporations Act, 3 vols. (London and New York, 1904-1908). The first of these was written to promote the cause of municipal reform, but is temperate and reliable. The second is especially exhaustive, volume 3 containing probably the best existing treatment of the history of borough government. For a brief sketch see May and Holland, Constitutional History of England, II., Chap. 15.(Back)
Footnote 256:Government of England, II., 135.(Back)
Footnote 257:These included the 52 counties, the 239 municipal boroughs, the 70 improvement act districts, the 1,006 urban sanitary districts, the 577 rural sanitary districts, the 2,051 school board districts, the 424 highway districts, the 853 burial board districts, the 649 poor-law unions, the 14,946 poor-law parishes, the 5,064 highway parishes not included in urban or highway districts, and the 1,300 ecclesiastical parishes. For the situation in 1888 see G. L. Gomme, Lectures on the Principles of Local Government (London, 1897), 12-13.(Back)
Footnote 258:The arrangements effected at this time were perpetuated in the great Public Health Act of 1875. Lowell, Government of England II., 137.(Back)
Footnote 259:The number of county boroughs had been increased by 1910 to seventy-four. See p.188.(Back)
Footnote 260:It should be observed that the original intent in 1888 was to deal with district as well as county organization. In its final form the bill carried in that year had to do only, however, with the counties.(Back)
Footnote 261:The history of local government changes since 1870 is well sketched in May and Holland, Constitutional History of England, III., Chap. 5.(Back)
Footnote 262:On the relations between the central and local agencies of government see Lowell, Government of England, II., Chap. 46; J. Redlich and F. W. Hirst, Local Government in England, 2 vols. (London, 1903), II., Pt. 6; Traill, Central Government, Chap. 11; and M. R. Maltbie, English Local Government of To-day; a Study of the Relations of Central and Local Government (New York, 1897).(Back)
Footnote 263:Including the county of London. See p.190.(Back)
Footnote 264:At the elections of 1901 there were contests in but 433 of 3,349 divisions. P. Ashley, Local and Central Government; a Comparative Study of England, France, Prussia, and the United States (London, 1906), 25, note.(Back)
Footnote 265:Liquor licenses are granted by the justices of the peace.(Back)
Footnote 266:Lowell, Government of England, II., 274-275.(Back)
Footnote 267:Lowell, Government of England, II., 281.(Back)
Footnote 268:Ashley, Local and Central Government, 52-60.(Back)
Footnote 269:Speaking strictly, a borough is an urban district, and something more.(Back)
Footnote 270:Ashley, Local and Central Government, 45.(Back)
Footnote 271:See p.190.(Back)
Footnote 272:Ashley, Local and Central Government, 42.(Back)
Footnote 273:The best of existing works upon the general subject of English local government is J. Redlich, and F. W. Hirst, Local Government in England, 2 vols. (London, 1903). There are several convenient manuals, of which the most useful are P. Ashley, English Local Government (London, 1905); W. B. Odgers, Local Government (London, 1899), based on the older work of M. D. Chalmers; E. Jenks, An Outline of English Local Government (2d ed., London, 1907); R, S. Wright and H. Hobhouse, An Outline of Local Government and Local Taxation in England and Wales (3d ed., London, 1906); and R. C. Maxwell, English Local Government (London, 1900), in Temple Primer Series. The subject is treated admirably in Lowell, Government of England, II., Chaps. 38-46, and a portion of it in W. B. Munro, The Government of European Cities (New York, 1909), Chap. 3 (full bibliography, pp. 395-402). There are good sketches in Ashley, Local and Central Government, Chaps. 1 and 5, and Marriott, English Political Institutions, Chap. 13. A valuable group of papers read at the First International Congress of the Administrative Sciences, held at Brussels in July, 1910, is printed in G. M. Harris, Problems of Local Government (London, 1911). A useful compendium of laws relating to city government is C. Rawlinson, Municipal Corporation Acts, and Other Enactments (9th ed., London, 1903). Two appreciative surveys by American writers are A. Shaw, Municipal Government in Great Britain (New York, 1898) and F. Howe, The British City (New York, 1907). On the subject of municipal trading the reader may be referred to Lowell, Government of England, II., Chap. 44; Lord Avebury, Municipal and National Trading (London, 1907); L. Darwin, Municipal Ownership in Great Britain (New York, 1906); G. B. Shaw, The Common Sense of Municipal Trading (London, 1904); and C. Hugo, Städteverwaltung und Municipal-Socialismus in England (Stuttgart, 1897). Among works on poor-law administration may be mentioned T. A. Mackay, History of the English Poor Law from 1834 to the Present Time (New York, 1900); P. T. Aschrott and H. P. Thomas, The English Poor Law System, Past and Present (2d ed., London, 1902); and S. and B. Webb, English Poor Law Policy (London, 1910). The best treatise on educational administration is G. Balfour, The Educational Systems of Great Britain and Ireland (2d ed., London, 1904). Finally must be mentioned C. Gross, Bibliography of British Municipal History (New York, 1897), an invaluable guide to the voluminous literature of an intricate subject.(Back)
Footnote 274:For excellent descriptions of the government of London see Munro, Government of European Cities, 339-379 (bibliography, 395-402), and Lowell, Government of England, II., 202-232. Valuable works are G. L. Gomme, Governance of London: Studies on the Place occupied by London in English Institutions (London, 1907); ibid., The London County Council: its Duties and Powers according to the Local Government Act of 1888 (London, 1888); A. MacMorran, The London Government Act (London, 1899); A. B. Hopkins, Boroughs of the Metropolis (London, 1900); and J. R. Seager, Government of London under the London Government Act (London, 1904). A suggestive article is G. L. Fox, The London County Council, inYale Review, May, 1895.(Back)
Footnote 275:In anticipation of the prospective abolition of the dignity of Emperor of the Holy Roman Empire, the Emperor Francis II., in 1804, assumed the title of Emperor of Austria, under the name Francis I.(Back)
Footnote 276:On Germany during the Napoleonic period see Cambridge Modern History, IX., Chap. 11; J. H. Rose, Life of Napoleon I., 2 vols. (new ed., New York, 1910), II., Chaps. 24-25; A. Fournier, Napoleon I., a Biography, trans, by A. E. Adams, 2 vols, (New York, 1911), I., Chaps. 11-12; J. R. Seeley, Life and Times of Stein; or Germany and Prussia in the Napoleonic Age, 3 vols. (Cambridge, 1878); H. A. L. Fisher, Studies in Napoleonic Statesmanship, Germany (Oxford, 1903).(Back)
Footnote 277:In 1817 the number was brought up to 39 by the adding of Hesse-Homburg, unintentionally omitted when the original list was made up. By successive changes the number was reduced to 33 before the dissolution of the Confederation in 1866.(Back)
Footnote 278:See pp.454-456.(Back)
Footnote 279:On the revolution of 1848 in Germany see Cambridge Modern History, XI., Chaps. 3, 6, 7; H. von Sybel, The Founding of the German Empire trans. by M. L. Perrin, 7 vols. (New York, 1890-1898), I., 145-243; H. Blum, Die deutsche Revolution, 1848-1849 (Florence and Leipzig, 1897); P. Matter, La Prusse et la révolution de 1848 (Paris, 1903).(Back)
Footnote 280:The disputed districts of Schleswig-Holstein were annexed at the same time.(Back)
Footnote 281:For brief accounts of the founding of the Empire see B. E. Howard, The German Empire (New York, 1906), Chap. 1; E. Henderson, Short History of Germany (New York, 1906). Chaps. 8-10; Cambridge Modern History, XI., Chaps. 15-17, XII., Chap. 6; and Lavisse et Rambaud, Histoire Générale, XI., Chap. 8. A very good book is G. B. Malleson, The Refounding of the German Empire, 1848-1871 (2d ed., London, 1904). More extended presentation of German history in the period 1815-1871 will be found in A. Stern, Geschichte Europas seit den Verträgen von 1815 bis zum Frankfurter Frieden von 1871, 6 vols. (Berlin, 1894-1911), extending at present to 1848; C. F. H. Bulle, Geschichte der neuesten Zeit, 4 vols. (Leipzig, 1886-1887), covering the years 1815-1885; H. G. Treitschke, Deutsche Geschichte im Neunzehnten Jahrhundert, 5 vols. (Leipzig, 1879-1894), covering the period to 1848; H. von Sybel, Die Begründung des deutschen Reiches durch Wilhelm I. (Munich and Leipzig, 1890), and in English translation under title of The Founding of the German Empire (New York, 1890); H. von Zwiedeneck-Sudenhorst, Deutsche Geschichte von der Auflösung d. alten bis zur Errichtung d. neuen Kaiserreichs (Stuttgart, 1903-1905); and M. L. Van Deventer, Cinquante années de l'histoire fédérale de l'Allemagne (Brussels, 1870). A book of some value is A. Malet, The Overthrow of the Germanic Confederation by Prussia in 1866 (London, 1870). P. Bigelow, History of the German Struggle for Liberty (New York, 1905) is readable, but not wholly reliable. An excellent biography of Bismarck is that by Headlam (New York, 1899). For full bibliography see Cambridge Modern History, X., 826-832; XI., 879-886, 893-898; XII., 869-875.(Back)
Footnote 282:The first three of these treaties were concluded at Versailles; the fourth was signed at Berlin.(Back)
Footnote 283:The text of the constitution, in German, is printed in A. L. Lowell, Governments and Parties in Continental Europe, 2 vols. (Boston, 1896), II., 355-377, and in Laband, Deutsches Reichsstaatsrecht, 411-428; in English, in W. F. Dodd, Modern Constitutions, 2 vols. (Chicago, 1909), I., 325-351, and in Howard, The German Empire, 403-435. Carefully edited German texts are: L. von Rönne, Verfassung des deutschen Reiches (8th ed., Berlin, 1899); A. Arndt, Verfassung des deutschen Reiches (Berlin, 1902). On the formation of the Imperial constitution see A. Lebon, Les origines de la constitution allemande, inAnnales de l'École Libre des Sciences Politiques, July, 1888; ibid., Études sur l'Allemagne politique (Paris, 1890).(Back)
Footnote 284:See p.285.(Back)
Footnote 285:P. Laband, Das Staatsrecht des deutschen Reiches, I., 91.(Back)
Footnote 286:On the more purely juristic aspects of the Empire the best work in English is Howard, The German Empire (Chap. 2, on "The Empire and the Individual States"). A very useful volume covering the governments of Empire and states is Combes de Lestrade, Les monarchies de l'Empire allemand (Paris, 1904). The monumental German treatise is P. Laband, Das Staatsrecht des deutschen Reiches (4th ed., Tübingen, 1901), in four volumes. There is a six-volume French translation of this work, Le droit public de L'Empire allemand (Paris, 1900-1904). Other German works of value are: O. Mayer, Deutsches Verwaltungsrecht (Leipzig, 1895-1896); P. Zorn, Das Staatsrecht des deutschen Reiches (2d ed., Berlin, 1895-1897); and A. Arndt, Das Staatsrecht des deutschen Reiches (Berlin, 1901). There is a four-volume French translation of Mayer's important work, under the title Le droit administratif allemand (Paris, 1903-1906). Two excellent brief German treatises are: P. Laband, Deutsches Reichsstaatsrecht (3d ed., Tübingen, 1907), and Hue de Grais, Handbuch der Verfassung und Verwaltung in Preussen und dem deutschen Reiche (18th ed., Berlin, 1907). The most recent work upon the subject is F. Fleiner, Institutionen des deutschen Verwaltungsrechts (Tübingen, 1911). A suggestive monograph is J. du Buy, Two Aspects of the German Constitution (New Haven, 1894).(Back)
Footnote 287:Howard, German Empire, 21.(Back)
Footnote 288:Matters placed under the supervision of the Empire and made subject to Imperial legislation are enumerated in the sixteen sections of Article 4 of the constitution. Dodd, Modern Constitutions, I., 327-328.(Back)
Footnote 289:Laband, Das Staatsrecht des deutschen Reiches (2d ed.), I., 102-103.(Back)