according to the law of the land, and the known and
established law of Parliament, which was part thereof.’”
It was understood that this resolution, if carried,
was intended as a stepping-stone to others which should
condemn the decision of the previous session; yet it
seemed such a truism that even the ministers could
not venture to deny it; but they proposed to defeat
the object of its framers by adding to it a declaration
that the late decision was “agreeable to the
said law of the land.” And we might pass
on to the subsequent debate, in which the constitutional
correctness of that addition was distinctly challenged,
did it not seem desirable to notice two arguments which
were brought forward against the motion, one by an
independent member, Mr. Ongley, the other by the Attorney-general.
Mr. Ongley contended that “a power of preserving
order and decency is essentially necessary to every
aggregate body; and, with respect to this House, if
it had not power over its particular members, they
would be subject to no control at all.”
The answer to this argument is obvious: that
a right on the part of the House to control the conduct
of its members is a wholly different thing from a
right to determine who are or ought to be members;
and that for the House to claim this latter right,
except on grounds of qualification or disqualification
legally proved, would be to repeat one of the most
monstrous of all Cromwell’s acts of tyranny,
when, in 1656, he placed guards at the door of the
House, with orders to refuse admission to all those
members whom, however lawfully elected, he did not
expect to find sufficiently compliant for his purposes.
Mr. De Grey’s argument was of a different character,
being based on what he foretold would be the practical
result of a decision that expulsion did not involve
an incapacity to be re-elected. If it did not
involve such incapacity, and if, in consequence, Mr.
Wilkes should be re-elected, he considered that the
House would naturally feel it its duty to re-expel
him as often as the constituency re-elected him.
But one answer given to this argument was, that to
expel a second time would be to punish twice for one
offence, a proceeding at variance not only with English
law but with every idea of justice. Another,
and one which has obtained greater acceptance, was,
that the legitimate doctrine was, that the issue of
a new writ gave the expelled member an appeal from
the House to the constituency, and that the constituency
had a constitutional right to overrule the judgment
of the House, and to determine whether it still regarded
the candidate as its most suitable representative.