proportions. Hence the House of Commons, being equally ecclesiastical[1] with the General Assembly, and the General Assembly being equally civil with the House of Commons—the only distinction between them being in regard to the affairs which (for the despatch of business) they respectively take in hand and confine themselves to, hence, we say, it will follow that no objection on the score of sinfulness can be brought forward against the combination of the two bodies, should circumstances render such a union expedient.
But might not the check, which exists in the House of Lords, have had the effect of nullifying the proceedings of the General Assembly; and might not the conflict of jurisdiction have been thus constitutionally adjusted? Yes, provided that check had been applied in a constitutional manner. But this was not done. The enactments of the General Assembly came under the review of the House of Lords in its judicial capacity. But we hold that the House of Lords has no judicial function to discharge in reference to the proceedings of the General Assembly, any more than it has a judicial standing in reference to any proceedings competent to the House of Commons. The House of Lords possesses no judicial, but only a legislative check upon the House of Commons; but even this it does not possess in reference to the General Assembly, except in cases when the Acts of the Assembly come into conflict with the Acts of Parliament. We are of opinion that the House of Lords could then bring its legislative check to bear upon the Assembly; but not directly, not until the point at issue between the Lower House and the Assembly had been disposed of in a joint-council. For, suppose that the Veto Act had been brought directly from the Asemblys to the House of Lords to receive their sanction, and that the Lords had rejected it,—on what ground could they have done this? On the ground that it was at variance with a longstanding Act of Parliament, which had received the assent both of the Commons and the Lords? But that is purely a judicial
- ↑ It will follow from our argument, as a necessary corollary, that the admission of Jews or Mahommedans to a place in Parliament is a violation of the principles of our Protestant constitution, as extreme as it is possible to conceive. This conclusion flows so obviously from the general tenor of our observations that it is unnecessary to enlarge upon it in detail.
