addresses not only the assembly of which he is a mem ber; but, through them, the civilised world. Publicity has become one of the most important instruments of parliamentary government. The people are taken into counsel by Parliament, and concur in approving or condemning the laws, which are there proposed; and thus the doctrine of Hooker is verified to the very letter: "Laws they are not, which public approbation hath not made so." While publicity secures the ready acceptance of good laws by the people, the passing of bad laws, of which the people disapprove, is beyond the power of any minister. Long before a measure can be adopted by the legislature, it has been approved or condemned by the public voice; and living and acting in public, Parliament, under a free representation, has become as sensitive to public opinion, as a barometer to atmospheric pressure. Such being the direct influence of the people over the deliberations of Parliament, they must share, with that body, the responsibility of legislation. They have permitted laws to be passed, ment. they have accepted and approved them; and they will not afterwards allow them to be disturbed. Hence the remarkable permanence of every legislative settleThere has been no retrogression in our laws or policy. The people,-if slow to perceive the value of new principles,-hold fast to them when once acknowledged, as to a national faith. No circumstance in the history of our country, -not even parliamentary reform, has done more for freedom and good government, than the unfettered liberty of reporting. And of 1 Though equal publicity prevails in the United States, their legislation is more sudden and impulsive, and remarkable, therefore, for its instability.-De Tocqueville, Démocratie en Amérique, i. 242 (13th ed.). See also an interesting essay of Sismondi, "De la Délibération Nationale: " Etudes sur les Constitutions des Peuples Libres, 131. all the services which the press has rendered to free institutions, none has been greater than its bold defiance of parliamentary privilege, while labouring for the interests of the people. still a Reporting, instead of being resented by Parliament, Reporting is now encouraged as one of the main sources of its breach of influence; while the people justly esteem it, as the privilege. surest safeguard of liberty. Yet such is the tenacity with which ancient customs are observed,-long after their uses have ceased to be recognised, that the privilege itself has never been relinquished. Its maintenance, however, is little more than a harmless anomaly. Though it is still a breach of privilege to publish the debates, parliamentary censure is reserved for wilful misrepresentation; and even this offence is now scarcely known. The extraordinary ability, candour, and good faith of the modern school of reporters, have left nothing for Parliament or the public to desire. for the accommo reporters. The fire which destroyed both Houses of Parliament Galleries in 1834, introduced a new era in reporting. Though for many years past, the reporters of the daily press had dation of enjoyed facilities unknown to their predecessors, they still carried on their difficult labours, in the strangers' gallery. In the temporary Houses, separate galleries, for the accommodation of reporters, were first introduced; and this significant change has been perpetuated in the present buildings. of strangers In 1845 the presence of strangers in the galleries Presence and other parts of the House, not appropriated to mem- recognised. bers, was for the first time recognised by the orders of the House of Commons; yet this tardy recognition of their presence, did not supersede the ancient rule by which they could be excluded on the word of a single member. Publication of di A further change was still wanting to complete the vision lists, publicity of parliamentary proceedings, and the responsibility of members. The conduct of members who took part in the debates,—until recently a very small number, —was now known; but the conduct of the great majority who were silent, was still a secret. Who were present,how they voted,—and what members composed the majority, and therefore the ruling body,-could not be ascertained. On questions of unusual interest, it was customary for the minority to secure the publication of their own names; but it was on very rare occasions indeed, that a list of the majority could also be obtained. In either case the publication was due to the exertions of individual members. The House itself took no cognisance of names; but concerned itself merely with the num bers. The grave constitutional objections to this form of voting, had not escaped the notice of parliamentary reformers. Lord John Russell, in his speech on parliamentary reform in 1819, said:"We are often told that the publication of the debates is a corrective for any defect in the composition of this House. But to these men, such an argument can by no means apply; the only part they take in the affairs of this House, is to vote in the majority; and it is well known that the names of the majority are scarcely ever published. Such members are unlimited kings,-bound by no rule in the exercise of their power,-fearing nothing from public censure, in the pursuit of selfish objects,—not even influenced by the love of praise and historical fame, which affects the most despotic sovereigns; but making laws, 1696, the Commons declared Journ., xi. 572. In 1782, the Opposition published division lists, the ministerial members appearing in red letters, and the minority in black.-Wraxall Mem., ii. 591. voting money, imposing taxes, sanctioning wars, with all the plenitude of power, and all the protection of obscurity; having nothing to deter them but the reproach of conscience, and everything to tempt the indulgence of avarice and ambition." 1 It was not, however, until 1836,-four years after the passing of the reform act,-that the House of Commons adopted the wise and popular plan of recording the votes of every member; and publishing them, day by day, as part of the proceedings of the House. So stringent a test had never been applied to the conduct of members; and if free constituencies have since failed in their duty of sending able and conscientious representatives, the fault has been entirely their own. present at The Commons have since extended the principle Strangers of publicity still further. The admission of strangers divisions. to debates had been highly prized; but the necessity of excluding them during a division, had never been doubted. Yet in 1853 it was shown by Mr. Muntz3 that they might be permitted to remain in the galleries, without any embarrassment to the tellers; and they have since looked down upon the busy scene, and shared in the excitement of the declaration of the numbers. in the In these important changes, the Commons have also Divisions been followed by the Lords. Since 1857, their Lord- Lords. ships have published their division lists daily; and during a division, strangers are permitted to remain in the galleries and in the space within the rails of the throne.4 In a minor, yet not unimportant change, the personal Names of 1 Hansard's Deb., 3rd Ser., xli. 1097. 2 In 1849 a committee reported that their exclusion was necessary. 3 Report of Select Committee on Divisions, 1853. 4 Resolutions, March 10th, 1857. VOL. I. F F on com mittees. members responsibility of members, as well to the House as to the public, has been extended. In the Commons, since 1839 the name of every member addressing questions to witnesses before select committees, has been published with the minutes of evidence; and in 1852 the same practice was adopted by the Lords. It displays the intelligence, the knowledge, and the candour of the questioners; or their obtuseness, ignorance, and prejudice. It exhibits them seeking for truth, or obstinately persisting in error. Their presence at each sitting of the committee, and their votes upon every question, are also recorded and published in the minutes of proceedings. Publication of parliamentary One other concession to the principle of unrestricted publicity, must not be overlooked. One of the results of reports and increasing activity and vigilance in the Legislature, has papers. been the collection of information, from all sources, on which to found its laws. Financial and statistical accounts,―reports and papers upon every question of foreign and domestic policy,-have been multiplied in so remarkable a manner, since the union with Ireland, that it excites surprise how Parliament affected to legislate, in earlier times, without such information. These documents were distributed to all members of the Legis lature; and, by their favour, were also accessible to the public. In 1835 the Commons took a further step in the encouragement of publicity, by directing all their papers to be freely sold, at a cheap rate. The public have since had the same means of information, upon all legislative questions, as the House itself. Community of knowledge, as well as community of discussion, has been established. If comments are justly made upon extravagance of parliamentary printing,-if voluminous the |