while discussing Sunderland's
Peerage Bill, and admitting that "the unlimited prerogative of
augmenting the peerage is liable to such abuses, at least in theory, as
might overthrow our form of government," he proceeds to point out that
in the exercise of this, as of every other power, "the crown has been
carefully restrained by statutes, and by the responsibility of its
advisers;" but that, while "the Commons, if they transgress their
boundaries, are annihilated by a proclamation" (that is, by a
dissolution) "against the ambition, or, what is much more likely, the
perverse haughtiness of the aristocracy, the constitution has not
furnished such direct securities.... The resource of subduing an
aristocratical faction by the creation of new peers could never be
constitutionally employed, except in the case of a nearly equal balance;
but it might usefully hang over the heads of the whole body, and deter
them from any gross excesses of faction or oligarchical spirit. The
nature of our government requires a general harmony between the two
Houses of Parliament."[219] In the present case no one could impute the
difference between the two Houses to any "perverse haughtiness" on the
part of the peers. But the difference existed, and was too deeply
founded on the cautious principles of the Tory party to be surmountable
by ordinary means. It was certain also that the Commons would not give
way; that, without danger to the public peace, they could not give way.
And this was, in fact, Lord Grey's contention: that a crisis had arisen
in which compulsion must be exercised on one or other of the disagreeing
parties; and that coercion of the peers by an augmentation of their
number, or a threat of it, was the only compulsion practicable. In
upholding this position, however, it must be remarked that he was
betrayed into the use of language which was as great a violation of
constitutional and parliamentary principle and usage as the action which
he was recommending; language, too, which was quite unnecessary to
strengthen his argument. He accused the Lords of "opposing the declared
and decided wishes both of the crown and the people;" of "acting
adversely to the crown;" and this introduction of the sovereign's name
to overawe the assembly was unconstitutional in the highest degree. For,
constitutionally, the sovereign has no right to signify his opinion,
nor, indeed, any recognized means of signifying it but by giving or
withholding his roy