aspects, but it never appears worse than in the cases which may still
sometimes be seen when a Government thinks fit to force through an
important measure by all-night sittings, and when a weary and irritated
House which has been sitting since three or four in the afternoon is
called upon at a corresponding hour of the early morning to pronounce
upon grave and difficult questions of principle, and to deal with the
serious interests of large classes. The utter and most natural
incapacity of the House at such an hour for sustained argument; its
anxiety that each successive amendment should be despatched in five
minutes; the readiness with which in that tired, feverish atmosphere,
surprises and coalitions may be effected and solutions accepted, to
which the House in its normal state would scarcely have listened, must
be evident to every observer. Scenes of this kind are among the greatest
scandals of Parliament, and the rule which makes them impossible except
in the closing weeks of the Session has been one of the greatest
improvements in modern parliamentary work. But its drawback is that it
has greatly limited the possibility of private member legislation. It is
in late and rapid sittings that most measures of this kind passed
through their final stages, and since the twelve o'clock rule has been
adopted a much smaller number of bills introduced by private members
find their way to the statute book.
FOOTNOTES:
[35] O'Brien, _The Lawyer_, pp. 169, 170.
[36] _Dictionnaire de Cas de Conscience_, Art. 'Avocat;' Migne,
_Encyclopedie Theologique_, i. serie, tome xviii.
[37] _Revue de Droit International_, xxi. 615.
[38] See Sir James Stephen's _General View of the Criminal Law of
England_, pp. 167, 168.
[39] Phillips's defence of his own conduct will be found in a pamphlet
called 'Correspondence of S. Warren and C. Phillips relating to the
Courvoisier trial.' It has often been said that Phillips had asserted in
his speech his full belief in the innocence of his client, but this is
disproved by the statement of C. J. Tindal, who tried the case, and of
Baron Parke, who sat on the bench. C. J. Denman also pronounced
Phillips's speech to be unexceptionable. An able and interesting article
on this case by Mr. Atlay will be found in the _Cornhill Magazine_, May,
1897.
[40] See these cases in Warren's _Social and Professional Duties of an
Attorney_, pp. 128-133, 195, 196.
[41] See the admirable article by Lord Justi
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