CHAPTER XXXVI.

{GEORGE IV. 1826—1827}

Meeting of Parliament..... Measures proposed for relieving

commercial Distress..... Bill to enable private Banks to

have an unlimited Number of Partners, &c. Appointment of

a Committee on Emigration..... Modification of the Corn-

Laws..... Debates on Free trade..... Financial

Statements..... Bill to prevent Bribery at Elections.....

Parliamentary Reform..... Alteration of the criminal

Code..... Case of Mr. Kenriek..... State of the Colonies.....

Motion for amending the Representation of Edinburgh,

&c. Resolution for the Regulation of private

Committees..... Motion to disjoin the Presidency of the

Board of Trade from the Treasurership of the Navy......

Motion to hold Parliament occasionally in Dublin and

Edinburgh..... Restoration of forfeited Scotch Peerages.....

Catholic Emancipation, &c. India Jury Bill, &e......

Naturalization Act, &c. Prorogation and Dissolution of

Parliament..... General Election..... The Burmese War.....

Meeting of the New Parliament..... Motion for a select

Committee on Joint Stock Companies, &c. King’s Message

respecting the Conduct of Spain, &e...... Resolutions

against Bribery at Elections.

MEETING OF PARLIAMENT.

{A.D. 1826}

Parliament reassembled on the 2nd of February, when the speech was

again delivered by commission. Its principal topic was the depression

of manufactures and commerce which still existed. The commissioners

remarked:—“We are commanded by his majesty to inform you that his

majesty has seen with regret the embarrassment which has occurred in

the pecuniary transactions of the country since the close of the

last session of parliament. This embarrassment did not arise from any

political events, either at home or abroad. It was not produced by any

unexpected demand upon the public resources, nor by the apprehension

of any interruption to the general tranquillity. Some of the causes

to which this evil must be attributed lie without the reach of direct

parliamentary interposition; nor can security against the recurrence

of them be found, unless in the experience of the sufferings which they

have occasioned. But to a certain portion of this evil, correctives, at

least, if not actual remedies, may be applied; and his majesty relies

upon your wisdom to devise such measures as may tend to protect both

private and public interests against the like sudden and violent

fluctuations, by placing on a more firm foundation the currency and

circulating credit of the country.” The commissioners further stated

that they had his majesty’s commands to lay before parliament copies of

conventions, founded on the acts relative to trade and commerce passed

last session, which had been concluded with France, and the Hanseatic

towns of Lubeck, Bremen, and Hamburg. They concluded by stating that his

majesty’s attention had been directed to certain measures recommended in

the last session of parliament for the improvement of Ireland, and that

his majesty had the satisfaction of acquainting the peers and members

assembled, that the industry of that part of the United Kingdom was in

the course of a gradual and general advancement; an advancement mainly

attributable to the tranquillity which now prevailed in that country.

The addresses in both houses passed without any serious opposition,

although much discussion took place on every topic on which the speech

touched, and on some to which it made no allusion. In the upper house

Lord King, after ascribing the pecuniary embarrassments to over-issues

of paper money by the Bank of England, attacked the corn-laws, and urged

the necessity of a complete alteration in them. He moved an amendment to

the address, pledging the house to revise the corn-laws in this session;

but this proposal was resisted as too precipitate, and the amendment

was negatived without a division. The principal object of Lord King,

however, and of other peers who spoke on the occasion, was to elicit

from the minister some general description of the measures alluded to

in the speech, as likely to be proposed for the purpose of preventing

future pecuniary embarrassments. Lord Liverpool, in gratifying them,

attributed the embarrassments to the mad spirit of speculation which had

existed for the last two years; a spirit doubly mischievous, because it

had affected the issues of the country banks to such a degree that

they had increased in a far higher proportion than those of the Bank of

England. He showed that in the course of the last two years the issues

of the country banks had increased from four to eight millions.

The correctives government intended to apply were to prohibit the

circulation, after a certain period, of notes under £2, whether issued

by the Bank of England, or by any private banker; to increase the

stability of private banks by enabling them to augment their capital;

and to repeal that clause in the charter of the Bank of England which

rendered it unlawful for any private banking establishment to consist of

more than six partners. In the commons, on the occasion of the debate on

the address, Mr. Brougham stated that he believed that the distress now

existing proceeded from causes much more complicated than those to which

the speech ascribed to it. He believed it to be universal; and he took

occasion to combat the opinion of those who derived it from the late

introduction of more liberal principles into a commercial policy. He

remarked.—“If the embarrassment were confined to any one branch of

our commerce, for instance, to the silk trade, then an argument might be

raised, and, without any great violence to facts, the distress might be

attributed to our new commercial policy. But when it is observed that

not only silk, but wool, cotton, and linen are equally affected, it is

in vain to deny that the nature of the facts rebut the assertion of

any connexion between the present distress and the principles of free

trade.” The chancellor of the exchequer maintained that many of the

difficulties arose beyond the control of government, although he allowed

that some were within its reach, and that their influence might at least

be modified. The principal of these, he said, were the great increase of

the issues of the country banks, and the weak foundation on which many

of these establishments stood in point of capital. Mr. Hume denied this

hypothesis, and maintained that the true causes of the distress were

to be found in the pressure of taxation, and the lavish expenditure

of government. The whole empire, he said, presented one scene of

extravagant misrule, from the gold lace and absurd paraphernalia of

military decoration of the guards up to the mismanagement of the Burmese

war: it was a farce, he added, to attribute the distress to the banking

system. Other members defended the country banks from the imputations

cast upon them; and Mr. Baring passed a high eulogy on the conduct of

the directors of the Bank of England in this crisis. He remarked that

it was impossible for any public body, for any set of men, to have acted

with more honour, promptitude, or good sense, than the Bank evinced upon

that emergency. Although it was not till the 10th that the propositions

for proscribing the small notes and enlarging bank partnerships were

formally brought forward, yet they were incidentally up to that period

the subject of discussion. The views of different members on the

subject, however, will be better seen in the debates which ensued when

the measure was proposed.

MEASURES PROPOSED FOR RELIEVING COMMERCIAL DISTRESS.

On the 10th of February the whole house having resolved itself into

a committee on the Bank charter bill, the chancellor of the exchequer

brought forward the proposition for prohibiting the circulation of small

notes. In doing so he said that though fluctuations were inseparable

from trade, in defiance of any precautions which ingenuity could invent,

yet their effects were often aggravated by a state of currency, and a

facility of speculation like those produced by the existing issues of

paper. The small notes especially carried the consequences of these

changes among those on whom they pressed most severely. These notes

were chiefly in the hands of the labouring classes, and a few of them

constituted a poor man’s fortune; consequently when a panic took place

he hastened to save his little store by withdrawing it from the banker.

As the alarm spread, the more wealthy imitated this example, and a

sudden run brought with it the downfall of the bank. From this he argued

that if these notes were replaced by a metallic currency, the security

of the banks would be ensured, and the misfortunes which their failures

would otherwise produce limited. This measure, he said, was not a

novelty, but had been the regular policy of the country; for an act had

been passed in 1775 prohibiting the tissue of bank-notes, and in 1777

another act had prohibited their issue under the sum of five pounds. The

chancellor of the exchequer argued that any apprehensions of injury to

commerce from the proposed measure must be founded upon this—that the

prohibition of small notes would diminish the circulation by the amount

of these notes; that their absence could not be supplied by gold; and,

that, therefore, manufactures and trade would, to this extent, be left

without their necessary and legitimate purposes. He went on to show that

these apprehensions were visionary; that the withdrawal of the small

notes, while it gave security to the bank which issued, and to the party

who held them, would not operate injuriously on the currency, or on the

trade and manufactures of the country. There were two ways, he said, of

effecting this withdrawal: one by enacting that no small notes should be

stamped after a certain period; the other by allowing those already in

circulation to run a certain course till a fixed period, and prohibiting

any new ones to be created. In three years the first of these modes

might lead to unsatisfactory results; for if the power of stamping were

to remain unlimited during that period, so considerable a number might

be stamped as to subject the country, in its ultimate endeavours to

get rid of them, to all its present evils. It was intended therefore

to propose, that no new notes should be stamped, and that those in

circulation should cease to circulate at the end of three years.

In conclusion, the chancellor of the exchequer moved the following

resolution:—“That it is the opinion of this committee, that all

promissory notes payable to the bearer on demand, issued by licence,

and under the value of five pounds, and stamped previous to the 5th of

February, 1826, be allowed to circulate until February 5th, 1829, and

no longer.” Mr. Baring took the lead in opposition to the measure,

objecting to it as being inadequate to meet the evils complained of, and

ill-suited to the present state of the country. He could not agree, he

said, in attributing the existing embarrassments either to speculation

or over-trading: much of it had been owing to the conduct previously

pursued by the Bank. The resolution was likewise opposed by Sir John

Wrottesly, Alderman Thompson, Alderman Heygate, and Mr. Wilson, who were

adverse to it on various grounds: that it would be wholly inoperative to

give any effectual relief; that it would be positively mischievous; and

that the present state of the country required the postponement of such

a measure. The scheme of increasing the number of partners in a bank by

way of security was treated by opposition as visionary, since it was not

on numbers, but on prudence, and their mode of conducting business,

that their credit depended. Sir J. Wrottesly maintained that the country

bankers, instead of exciting the mad spirit of speculation, were the

only persons who had not speculated; and, in reality, were obliged, from

a regard to their own safety, to discourage such a practice on the

part of their customers. He asked, where did this spirit of speculation

commence? It first showed itself in Manchester and Liverpool, where no

local notes circulated. The cotton speculations, in these two places

were the first heard of, and yet in neither of them was a single note

circulated. The next point at which this spirit was manifested, and

at which it had led to its un-happiest results, was not in the country

where the notes in question circulated, but on the stock-exchange of

London. It was further urged by the opponents of the measure that the

very essence of the present pecuniary embarrassments consisted in the

curtailed state of the currency; and that the direct tendency of the

proposed measure was to increase them by limiting it still more. Taking

the currency at twenty millions, it was argued, and the deduction to be

made on account, of the recent failures at three millions and a half,

the effect of the scheme in contemplation would be to cause a still

further deficiency, and reduce it to about ten millions, with which

it was impossible to carry on the trade of the country. It was further

argued that although a respite of three years was ostensibly granted to

the small notes, yet the adoption of the resolution would be tantamount

to driving them out of circulation at once, inasmuch as every banker

who entertained a due regard for his credit would be compelled to take

measures for withdrawing his notes as quickly as possible. They had been

issued, it was said, in reliance on the stability of the system, and on

the faith of acts of parliament, which ought to be as inviolate as the

charter of the Bank; and if these sources were now called in, the course

of industry in various channels must be stopped. How, it was asked, was

the gap made in the circulation of the country to be filled up? At the

termination of the war there existed a strong desire to return to a

metallic currency; and during the first years of peace there was a great

facility of obtaining specie; but it was not so at the present time. No

country could obtain it without giving its value in commodities. At the

end of the war, our manufactures, still in their prime, commanded

every market, and enabled us to obtain our gold: but at present the

manufactures of the continent and America were springing up all around

us, and every year we were more and more excluded from foreign markets.

The inability to dispose of our commodities was, in fact, it was stated,

one of the most aggravated features of the existing distress. In such

circumstances, therefore, it was urged, that it would be most unwise to

adopt a measure, which besides injuring an individual class, would tend

to increase public calamity. The resolution was supported by Messrs.

Huskisson, Peel, and Canning, who denied that to ascribe much of the

distress which had prevailed to the issues of the country banks, was

to attack the character of the country bankers, or that anything had

occurred to justify the extreme sensibility which had been manifested on

their behalf. With regard to the measure itself, they stated it was not

intended so much a remedy for existing evils, as a preventative against

their future recurrence, by bringing the currency, to a certain extent,

to be a metallic one, and especially that portion of it which alone

supplied the wants of the lower classes. All experience, it was urged,

proved that this restoration of a metallic currency could not be

effected so long as small notes were allowed to be circulated; a

permanent state of cash-payments could never exist by their side. It was

argued, that if crown notes and half-crown notes were issued, crowns and

half-crowns would disappear; and that if the one pound notes continued

to circulate, sovereigns would become rarities. There never was a gold

circulation in the country except in Lancashire, where no country notes

existed; and when, in the year 1822 and 1823, the Bank of England was

anxious to supply the country with gold, the sovereigns sent down by

one mail-coach returned with the next. Great sacrifices had been made

to effect the introduction of even the partial metallic currency now in

existence; and these sacrifices had been made in vain: the currency

of the country could never be placed, on a solid basis unless country

bankers were prohibited from issuing notes, excepting such as were of a

considerably higher denomination than the current coin, so as to save it

from the paper currency. The principle of the measure therefore could

be resisted only by those who held that the pecuniary relations of the

country were best secured by proscribing a metallic currency. But its

necessary effect would be to give solidity to the banks themselves,

by compelling them to maintain a portion of their circulation in gold,

instead of worthless paper; and thus, even where a failure took place,

extensive misery, which such an occurrence produced among the lower

classes, would no longer return. The security of the poorer classes in

such cases lay in the absence of small paper. Let the Bank of England

retain in its hands as much gold as might be necessary for the ordinary

operations of commerce, for such demands as the exigencies of government

might require, or to adjust an unfavourable state of foreign exchanges;

let every country bank be governed by the same rules, and compelled

to keep an amount of gold proportioned to its operations; and a

sensitiveness to occurrences likely to cause a pressure on the country

banks would be created, which would tend to the security of the whole

kingdom; the issues would be kept within bounds, and gold would be kept

in the kingdom. The expulsion of small notes, it was stated, could not

operate injuriously to the country bankers. The number of country banks

was about eight hundred, and the circulation of each of these would

average about £8,000; could it be supposed that a stability which

had stood the late shock would be shaken or destroyed by a gradual

curtailment of paper, to the extent annually of two or three thousand

pounds for three successive years? When the difficulty was thus reduced;

when the means were so limited and humble by which a mighty principle

was to be established; when, by an operation so minute, and a process

almost insensible, the prodigious advantage could be obtained of placing

the pecuniary concerns of the country on the broad and imperishable

basis of a metallic currency; it would be as imprudent to let slip

the opportunity as it would be unreasonable to deny the principle. The

intended change was neither to affect the paper circulation at large,

nor to trench upon the great mass of paper currency, which was confined

to notes of the higher denominations: these might be piled mountains

high, provided the base be refreshed by streams of the metallic

currency. To those members who, without objecting to the principle of

the measure, wished it to be postponed, it was answered, that instead of

coming too soon it had come too late. Mr. Brougham, who also supported

the resolution, strongly urged the inexpediency of delay when the work

was already half done, in consequence of the general want of confidence

having of itself greatly limited the issues of the country banks. Mr.

Baring moved as an amendment, “That it is the opinion of this house

that, in the present disturbed state of public and private credit, it

is not expedient to enter into a consideration of the banking system

of the country.” This was negatived by an overwhelming majority; as was

also an amendment moved by Mr. Gurney, to exclude the Bank of England

from the operation of the resolution. A bill for carrying this

resolution was immediately brought in by the chancellor of the

exchequer; and, though much resistance was offered to some of its

details, both in the commons and in the lords, the bill passed into

a law. The Earl of Carnarvon, who moved, on the second reading in the

lords, that the bill should be read that day six months, stated a new

reason why an actual gold circulation ought to be kept as far from

our doors as possible. A return of it, he said, would bring back the

highwaymen of Bagshot and Hounslow heath.

There was a greater temptation to commit robbery in the case of gold

than in the case of paper, because there were greater facilities for

escaping detection. It was easy to understand that there could not be

so strong an inducement to crime when the currency consisted in notes,

numbered, and signed with a known name, as when it consisted of gold

coin, which it was impossible to identify. Lord Liverpool, however, had

no such fears of highwaymen as the noble earl. He once, when he was a

boy, he said, lost all the money he had in his pockets by a highwayman;

and it was natural that he should be as much alive to this danger as

the noble earl. But still, with all his early associations, he could

not help thinking that if danger must revive with a return to a metallic

currency, it would have been felt during the last four or five years;

for during all that time their lordships had been travelling about,

not with notes, but with sovereigns in their pockets. The almost total

extinction of highway robberies was to be attributed to the only thing

that could check or extinguish them—the establishment of a powerful and

effective police.

While this measure for annihilating the issue of small notes in England

was making its way through parliament, the fitness of its application

to Ireland and Scotland was discussed. In Scotland there was a great

opposition even to the very idea of it. In every city and county public

meetings were held to deprecate the destruction of the one pound and

guinea notes, and men of all ranks and parties joined in one unanimous

outcry against the threatened introduction of gold. During the

discussion on the bill regarding England, indeed, the tables of both

houses were loaded with petitions from Scotland, setting forth the

benefits which that country so long had enjoyed from its banking system,

and the evils which would arise from every attempt to give it a new

and an untried form. Parliament rightly paid respect to the anxiety and

unanimity with which these opinions were expressed, especially as they

came from parties who were acquainted with the nature and practical

effects of the system. Moreover, the difference between the two systems

of the two countries, and the difference between the effects of the

two systems, formed good reasons why parliament should pause before

extending the plan to Scotland. Accordingly select committees were

appointed by both houses to inquire into the state of the circulation of

small notes in Scotland and Ireland, and to report upon the

expediency of altering the laws regarding it. Many Scottish merchants,

manufacturers, and bankers were examined by these committees; and

the reports presented to both houses towards the end of the session

justified the resistance made. The stability of the banking system in

Scotland, the committee stated, did not justify any alteration; and

they were apprehensive that a prohibition of small notes would injure

one branch of the Scottish system which it was essential to preserve,

namely, the giving of cash credits. Under these circumstances they

recommended that the paper money of Scotland should not be meddled with.

Sir M. W. Ridley, however, who, with others, was apprehensive that

a metallic currency in England could not exist with a small paper

circulation in Scotland, moved a resolution that the house would, in the

course of next session, institute an inquiry as to how far the interests

of England and Scotland were likely to be affected by the existence of

different systems of currency in the two countries; and to ascertain

whether any, or what means ought to be adopted to assimilate the

currency in both. But this motion was negatived without a division; and

thus Scotland was left for the present in possession of that system of

currency under which her commerce, manufactures, and agriculture had so

long flourished.

BILL TO ENABLE PRIVATE BANKS TO HAVE AN UNLIMITED NUMBER OF PARTNERS,

ETC.

The bill extinguishing small notes in England was followed by two other

bills affecting the currency. The first of these bills was to permit the

number of partners in each country bank to be unlimited; and the second,

as a compensation to the Bank for conceding to this measure, extended

its exclusive privileges to a circle round the metropolis, with a radius

of sixty-five miles, and authorised the directors to establish branch

banks in different parts of the country. While these measures were

before parliament, in which they received general support, distress

widely prevailed throughout the country. An idea was entertained that

ministers would relieve this by the issue of exchequer-bills; but

they had the prudence to abstain from any short-sighted and injurious

palliatives. They expressed themselves willing, indeed, to keep the Bank

harmless to the extent of two millions, if it should think proper to go

into the market and purchase exchequer-bills; but they would not involve

themselves in a system of artificial relief for a disease which they

thought would cure itself better without their interference. Petitions

were presented, praying the house to take commercial distress into its

consideration; and government was charged by several members with

being insensible to the misery which prevailed, and the danger which

threatened; but nothing could move them to implicate themselves in

transactions which might have involved them in pecuniary embarrassments.

But relief was afforded in some degree by the Bank itself. Although

the directors had refused to go into the market for the purchase of

exchequer-bills, they came to a resolution of lending three millions on

direct or collateral security. This measure was immediately carried into

execution; and commissioners were appointed by the Bank in the principal

provincial towns, in order to distribute the money. The whole of this

sum, however, was not applied for; the very knowledge that such loans

were attainable having a considerable effect in restoring confidence

among the commercial classes. In some of the provincial towns the

offices of the Bank commissioners, who were almost uniformly mercantile

persons connected with the district where they were stationed, were

almost unfrequented. The applications for advances, indeed, were made

with great moderation; none were required beyond what the need of the

applicant demanded. The adoption of this measure rendered it necessary

for the security of the Bank to introduce a bill regarding the law of

principal and agent. The Bank, indeed, in consenting to advance three

millions, made it a condition of their compliance, that the protection

of the statute should be extended to them immediately. Accordingly a

bill was brought in and passed to enable persons in the possession of

goods, and of the documents conferring the property of them, although

such persons should be merely factors or agents, to pledge them with the

Bank as effectually as if such persons were the owners. Such were

the measures recommended by ministers, and adopted by parliament, to

palliate the existing distress, and to provide security against some of

the causes which had produced it. And they tended greatly to those

ends. Commerce, feeling itself unshackled, soon repaired its losses

and extended its operations; it found its way not only through European

nations, where barriers had hitherto been raised against it, but

penetrated the most barbarous regions of the earth.

APPOINTMENT OF A COMMITTEE ON EMIGRATION.

During the last four years government had lent its aid to those who

desired to emigrate to Canada. In the present year the general misery

which prevailed increased the claims of emigration, as a means of

relief, tenfold. In Scotland, even the landholders of a county applied

to ministers to afford encouragement to intended emigrants; and among

the artisans societies were formed for the purpose of projecting plans

of emigration, and obtaining assistance both from the crown and from

other sources. The subject was brought before parliament on the 14th

of March, when Mr. Wilmot Horton moved for the appointment of a select

committee to inquire into the expediency of encouraging emigration.

Government did not deny the importance of the question, or shut the door

against its consideration: no opposition was made to the appointment of

the committee; but nothing further occurred on this subject during the

present session.

MODIFICATION OF THE CORN-LAWS.

On the first day of this session Lord King had moved an address,

pledging the upper house to take the corn-laws into immediate

consideration; and the tables of both houses were covered, almost

nightly, with petitions, partly from the agriculturists, praying that

the law might be allowed to remain as it was; but chiefly from artisans

and manufacturers, praying for its instant repeal. Ministers did not

deem it prudent to introduce the subject during this session, although

they acknowledged its importance. The advocates of a repeal, however,

embraced many opportunities in charging government with keeping back

the settlement of this great question; and were at length determined

to bring it again before parliament. On the 18th of April Mr. Whitmore

moved, “That the house do now resolve itself into a committee, to

consider the propriety of a revision of the corn-laws.” He allowed

that the time at which he submitted his motion was not unattended with

inconvenience and the possibility of loss; but not only the expediency,

but the absolute necessity of an immediate alteration appeared to him

to be imperative. It was mischievous, he said, to delay the decision of

the question a single moment after government had applied the principles

of free trade to other branches of industry; inasmuch as these

principles could never be applied with due effect, nor have practical

justice done them so long as the present corn-laws formed part of our

commercial policy. Sir Francis Burdett supported the motion, not from

any expectation that it would produce the anticipated effects

expressed by the mover, but because the discussion would show, that the

landowners, in supporting their own class and station, were advocating

that which was essential to the general interests of the country, Mr.

Huskisson, in reply, without entering into the merits of the question,

deprecated its discussion at the present time. Ministers had announced

that the subject would not be brought forward this session, and nothing

had happened since to warrant this ill-timed motion. He had every

reason to suppose that the subject would be brought forward in the next

session, in which case he was most anxious to give it a serious and

dispassionate consideration. The motion was lost by a large majority;

but though the arrangement of the corn-laws still remained unsettled,

it was found necessary, before the end of the session, to introduce two

bills for modifying their strict operation. At the present time there

was but little diminution of distress; and its continued pressure led to

a series of disgraceful riots in Lancashire, where the vengeance of the

mob was furiously directed against machinery, especially power-looms,

under a notion that these were the great cause of the want of

employment. The impression arose from ignorance; but that ignorance had

been stimulated by a state of suffering which could not be overlooked.

At this time, in the immediate neighbourhood of the scene of distress,

in Hull, Liverpool, and other ports, there were between two and three

thousand quarters of wheat in bond; and it was supposed that the

admission of this into the market would diminish the extent of

suffering, while it would have no material effect on the agricultural

interests. Mr. Canning brought forward a proposition to allow bonded

corn to come into the market, on payment of a duty of ten shillings

per quarter, which was passed almost unanimously. Another measure of

modification proposed by government, however, met with stern opposition.

As it was impossible to foretell the result of the ensuing harvest, it

was proposed, as a measure of precaution, to vest in government during

the recess a power of permitting foreign grain to be imported on payment

of a fixed duty. This was resisted as irregular and unconstitutional,

both in the commons and in the upper house; but it was finally

carried. Before it passed, however, the opposition was gratified by the

limitation of the quantity of corn admissible to 500,000 quarters and

the period to two months from the opening of the ports.

DEBATES ON FREE TRADE.

The legislature had begun to act on the principles of free trade in

1824, by taking off those restrictions which prohibited the importation

of foreign silks. To the bill which permitted their admission with an

_ad valorem_ duty of thirty per cent., and which was now to come into

operation, a large portion of both masters and workmen referred the

depression of the trade, rather than to causes which did not come so

readily within general comprehension. Many manufacturers limited their

orders until the effect of this untried system should be somewhat known,

while others joined in the outcry against it. The general impression

among them was, that the “untried state of being” should not be tried;

and many petitions were presented from the persons and districts

interested in the silk manufacture, praying for a repeal, or at least

a modification of the provision of 1824, for a total prohibition of

foreign fabrics, or a higher duty upon their importation. On the 23rd

of February, Mr. Ellice, member for Coventry, moved that the petitions

which had been presented on this subject should be referred to a select

committee. This motion led to a debate, which, by adjournment, continued

two evenings. In this debate Mr. Huskisson was compelled to vindicate

the leading part he had taken in the measure under consideration, in

which he was ably supported by Mr. Canning. This motion was lost; but

soon afterwards Mr. Huskisson was obliged to vindicate the late policy

pursued respecting the shipping interest and navigation laws. This arose

from the complaints of the shipowners and others connected with the

shipping interests, who believed themselves to be affected by the late

navigation laws. They complained especially of the system which had

been adopted of removing discriminating duties, and allowing articles of

merchandise to be imported in foreign vessels, under the same burthens

as if they had been imported in British bottoms, on condition of

reciprocity in regard to ourselves. They contended in numerous petitions

to parliament that such a reciprocal removal of discriminating duties

was ruinous to British shipping, because the British and foreign owner

could never be put upon an equality, unless the latter were burthened

with a higher duty. The petitioners and their adherents in parliament,

repeated these complaints at every opportunity; but they did not venture

to bring the question formally under the notice of the legislature.

Mr. Huskisson, however, thought it expedient to show that their

representations were groundless; and on the 12th of May, in moving for

“returns of ships built in the British dominions, between 1824 and 1825,

both inclusive, distinguishing the number in each year, and the amount

of their tonnage,” he entered into an elaborate defence of the late

policy. Nothing could be clearer than his exposition of the principles

on which the former system was founded, of the changes which had since

occurred, and of the consequent necessity of our conformity to those

altered circumstances. Having developed the general principles on which

the navigation laws were originally founded, the different objects to

which these principles had been applied, the modifications which from

time to time had been made upon these objects, and the causes, political

and commercial, which had rendered such changes necessary he stated,

that all the allegations of mischief having ensued, and of an undue

preference having been given to foreign over British shipping, in

consequence of the late policy, were contradicted by the actual results.

The complaint was, that in consequence of this policy a decrease had

taken place in the employment of British shipping. Now in December,

1824, the number of British ships which entered our harbour was 19,104,

and the tonnage 2,364,000, and the number of foreign ships, 5,280, the

tonnage being 66,940. In 1825 the number of British ships entered was

21,980, and the tonnage, 2,768,844, and the number of foreign ships,

in the same period, 5,661, the tonnage being 68,192. It was to be

recollected, he said, that during this year there was an unusual

demand for shipping, both British and foreign, in consequence of the

unprecedented extent of speculation in almost every branch of commerce.

On looking to these returns, therefore, it was clear that the amount of

British shipping had increased in a far greater proportion than that of

all foreign nations put together. Such being the case, we were certainly

not in such a situation as was calculated to excite alarm with respect

to the comparative growth of British and foreign shipping. Even if the

latter had increased last year, it formed no ground for alarm, because

it might be fairly attributed to the unusual demand for shipping

produced by the prevailing spirit of speculation. The alarm felt upon

this subject was in part grounded upon the state of our commerce in the

Baltic, and the number of Prussian ships which entered our ports, as

compared with British. Now in 1824, the British ships which entered from

the Baltic was 440, and in 1825, 942. The number of Prussian ships which

entered in 1824 was 682, and in 1825, 827. The number of Prussian ships,

therefore, increased only by a fourth, while that of the British ships

was more than doubled. Such was the comparative state of the shipping

of both countries in the last year; and as Prussia seemed to be the

main object of jealousy when there existed so little ground for it

with respect to that nation, all apprehensions on this point might

be dismissed. Mr. Huskisson’s motion was agreed to; Sir W. Ridley

expressing a hope that the subject would receive a full investigation

in the next parliament. Later in the session, Mr. Huskisson brought in a

bill to give effect to some commercial treaties which had been concluded

between this country and Colombia, and the united provinces of the Rio

de la Plata. It had been stipulated, as these republics were not

in possession of any commercial marine of their own, that vessels,

wheresoever built, being the property of any of the citizens of either

republic, should be considered as national vessels of that republic:

the master, and three fourths of the mariners of the vessel being always

citizens of such republic. The design of Mr. Huskisson’s bill was to

give effect to these stipulations, and it was passed into a law.

FINANCIAL STATEMENTS.

{GEORGE IV. 1826—1827}

The chancellor of the exchequer opened the budget on the 13th of March.

In doing so he took a large review of the whole financial system,

particularly of reductions which during several years had been made in

taxation, and of the effect of these reductions in the productiveness

of the revenue. His statements for the year partook of the favourable

character which they had sustained for the last three years, although he

admitted that he must make allowance for some loss in various branches

of revenue, consequent on the present state of public embarrassment.

After all the deductions, however, he reckoned the probable produce of

the year before him at not less than £57,000,000, while he calculated on

the whole expenditure at £56,328,421. This statement, holding out

much happier prospects than, from the distress which prevailed in the

country, could have been anticipated, was received by the house with

general satisfaction. Mr. Maberly and Mr. Hume, however, maintained not

only that there had been no reduction of the public debt, but that

there had been an actual increase both in the capital, and in the annual

charge, and that taxation had been raised instead of being diminished.

They alleged that the capital of the debt had been increased by the

enormous sum of £61,646,000 between 1819 and 1826, and that the annual

charge had grown in proportion. This assertion, however, rested on an

obvious fallacy, arising out of a total misapprehension of the nature of

what is called the dead-weight scheme, and of the arrangements which, in

pursuance of it, had been made with the Bank for discharging part of

the half-pay and pension list. Mr. Hume’s assertion, that taxation had

increased during the last three years was still more erroneous; for the

chancellor of the exchequer in his statements proved to demonstration,

by actual figures, that from 1816 to 1825 taxes had been reduced to the

large amount of £27,522,000, and that no new taxes had been imposed.

Subsequently the state of the public debt underwent much discussion, the

great questions being not whether it ought or might be reduced, but what

was its actual amount, and whether, in point of fact, any diminution of

it had been effected during late years. The amount of the army, navy,

and civil estimates was also censured by Messrs. Maberly and Hume with

other members, but the necessary supplies of the year were readily

voted.

BILL TO PREVENT BRIBERY AT ELECTIONS.

On the 2nd of March Lord John Russell moved for leave to bring in a bill

for the better prevention of bribery at elections. Leave was given; and

on the second reading of it Mr. Wynn stated that he had many objections

to it, which he feared it would not be practicable to remove so as to

render it fit for the adoption of the house. As he understood it, he

said, the principle of the bill was, that upon complaint made to the

house by petition, a select committee should be appointed to try the

issue, and that their decision should be final. There was an obvious

objection to this; namely, that the decision of no committee could be

binding upon that house. The inquisitorial powers of the house might be

delegated, but not the judicial. A body might be appointed to bring in

a true verdict as to fact, but the question of corruption was a question

of influence. All that a committee could do was to report to the house,

and the house could proceed on that report or not as it pleased. Mr.

Wynn also objected to the clause which gave power to present petitions

of complaint within six years from the period of election; and that

there was no penalty or punishment assigned to an unfounded charge. The

bill was supported by Messrs. Hobhouse, Smith, and Fyshe Palmer, but

it did not proceed further; for when the report on the bill was to be

taken into consideration, Lord John Russell stated that it was not his

intention to press it during the session, but that he would probably

embody its provisions in the shape of resolutions. On the last day

of the session he moved, therefore, that “whenever a petition shall be

presented to this house after the expiration of the time allowed for

presenting petitions against the validity of the return of any member of

this house, by any person or persons, affirming that at any time within

eighteen calendar months previous to presenting the said petition,

general bribery or corruption has been practised for the purpose of

procuring the election or return of any member or members to serve in

parliament for any borough, cinque-port, or place, and it shall appear

to the house that such petition contains allegations sufficiently

specific to require further investigation, a day and hour shall

be appointed by the said house for taking the said petition into

consideration, so that the space of twenty days shall intervene between

the day on which the said petition shall have been presented, and the

day appointed by the said house for taking the same into consideration,

&c.”—“that at the hour appointed by the said house for taking such

petition into consideration, the said house shall proceed to appoint a

select committee to inquire into the truth of the matters contained in

the said petition, and report the result of their inquiry to the said

house, and such select committee shall consist of thirteen members

chosen by lot, &c.” Mr. Wynn said, that he did not intend to object to

the principles of these resolutions, but he thought they had better be

reserved till the next parliament, as they would have to be confirmed by

it. Mr. Peel thought so likewise, as the last day of the session was not

a fitting time to give them that consideration which their importance

demanded. Lord John Russell, however, pressed his motion to a division,

as he could not be certain of having a seat in the next parliament, and

the numbers on each side being equal, the speaker gave his casting vote

in favour of the resolutions.

PARLIAMENTARY REFORM.

On the 27th of April Lord John Russell again brought forward the

question of parliamentary reform. The resolution he proposed was “that

the present state of the representation of this country in parliament

requires the most serious consideration of this house.” In his speech on

this occasion he laid down two premises: first, “that it was a matter of

paramount importance to adapt every government to the wants and wishes,

the prejudices and existing circumstances of the country for which

it was intended; and that the people of this country had arrived at a

degree of knowledge, intelligence, and wealth, which made them a people

more worthy than had ever before existed of being entrusted with

the privilege of electing their representatives, and more capable of

exercising it with advantage.” From these premises he concluded that the

house of commons as it existed at present, was badly constituted; for

instead of being chosen by the more numerous, the more intelligent,

and the mora wealthy class, it was elected by the minority, the less

intelligent, and the less wealthy. As therefore the elective franchise,

instead of remaining in the hands of the many, had become the property

of a few, and as such a discrepancy between the condition of the

people, and the constitution of the government had unhappily come into

existence, calamities would one day or other ensue, unless the state of

the representation were amended, from which neither the constitution nor

the country would ever recover. After noticing the objections commonly

urged against the necessity of reform, the noble mover continued, that,

of two modes of reform which it was customary to propose, the one a

total reconstruction, and the other a partial renovation of the house of

commons, the latter appeared to him of the soundest principle, and the

best suited to the condition of the country. The principal feature of

his plan, he explained, would be, to restrict a hundred of the smaller

boroughs to one member instead of allowing them two, and to give

the number of representatives thus subtracted from them to towns of

importance unrepresented. These details, however, he said, would be

matter of future deliberation. The object he had in view was, in the

words of Mr. Fox, “not to pull down, but to work upon our constitution;

to examine it with care and reverence; to repair it where decayed; to

amend it where defective; to prop it where it wanted support; and to

adapt it to the purposes of the present time, as our ancestors had

done from generation to generation, and always transmitted it not only

unimpaired, but improved, to posterity.” The measure was supported by

Mr. Hobhouse, and opposed by Messrs. Dennison and Lamb; but the debate

did not present much novelty, and it terminated in the rejection of the

motion by a majority of two hundred and forty-seven to one hundred and

twenty-three.

ALTERATION OF THE CRIMINAL CODE.

At this period Mr. Peel applied the powers of his clear and

dispassionate mind to the simplification and improvement of our criminal

code. On the 9th of March he introduced a bill to consolidate the

various acts which related to offences against property. He explained

the nature of these acts at great length; but the bill was not carried

through the commons during this session, Mr. Peel stating, that from the

multiplicity of its details, it was necessary to proceed in it with the

most cautious deliberation. Another bill, which was introduced by

him, and which passed into a law, had for its object the removal of

inconveniences belonging to the administration of the criminal law

generally, and in particular the amendment of the existing regulations

relative to admitting bail in cases of felony. One clause, which Mr.

Lamb endeavoured to introduce into the bill, was contested with great

vigour on both sides of the house. This was a proposal, which had

already frequently been rejected, for allowing counsel to

prisoners. This clause was supported by Messrs. Williams, Twiss,

Scarlett, Brougham, and Denman; and opposed by the attorney

and solicitor-generals, and by Messrs. Peel and Canning. The

attorney-general allowed that in regard to its merits the opinion of

the bar was divided; but he expressed his conviction that it would be

injurious to the prisoner as well as to justice. As criminal proceedings

were now conducted, the prosecutor’s case was opened by a simple

statement of facts; and the judge always took care that his counsel

should not go further, and the evidence was heard dispassionately. After

this the prisoner’s case was gone through in the same way, except that

there was no previous statement of facts, because the general nature of

the case was already understood. There was, finally, the charge of the

judge, carefully sifting the evidence, and calmly applying the law. But

the case, he argued, would be different if counsel were heard on both

sides. There would then be all the zeal, the animation, and the

struggle for victory which were usually seen in civil cases. Besides, he

continued, the counsel for the prosecution would always have the benefit

of a reply whenever the accused called a witness, which might more than

counterbalance any favourable effect of evidence. The functions of the

judge, also, would assume a character disadvantageous to the prisoner;

for if the address of the counsel of the prisoner threatened to be

efficient, the judge in many cases would have to interfere: In doing

this, it was urged, he might unconsciously pass the exact boundary that

ought to circumscribe his remarks; the impression then would probably go

forth that the verdict of the jury had been elicited by those remarks;

and the judge, instead of being, as he was now, counsel for the

prisoner, would be almost compelled to become an advocate against him.

On the other side Mr. H. Twiss set forth in a strong light the absurdity

of permitting counsel to start and multiply the most frivolous and

visionary objections to the form and phraseology of an indictment, with

the merits and evidences of their client’s case. He also set forth the

hardships under which a prisoner lay, who, wishing to address the jury

of the facts of a case, must do it with his own lips, under all the

disadvantages of natural disability, physical impediments, or accidents

of his situation, while the very incompetency to do himself justice would

be aggravated by a knowledge of the serious consequences attendant

on his failure. As to the fiction of the judge being counsel for the

prisoner, he said, it would in most cases be much more true to say, that

he was counsel against the prisoner, and for the prosecutor. Whence,

he asked, came the only instructions which the judge received in any of

these cases? From the depositions of the witnesses for the prosecution.

Sir Robert Atkyns, in his notes upon Lord Russell’s trial, had truly

said, “I well know by experience what sort of counsel judges usually be

for the prisoner.” Mr. Peel admitted that the arguments which might be

raised on both sides of this question were very equally poised; that the

legal opinions upon it were nearly equiponderant; and that if he were

convinced of the alteration being fitting itself, he would not oppose to

it merely the antiquity of the law which it was intended to change. His

own experience, however, and the knowledge acquired from his official

situation, led him to think that justice was most satisfactorily

administered under the present system: he felt unwilling to risk any

change. The clause was lost on a division by one hundred and five

against thirty-six.

CASE OF MR. KENRICK.

In the early part of this session the house considered a charge brought

by Mr. Denman against Mr. Kenrick, a magistrate of the county of Surrey,

and one of the Welsh judges. Evidence on the charge was entered into;

and Mr. Denman moved, that as Mr. Kenrick had shown himself an unfit

person to exercise the judicial functions, an address be presented to

his majesty, praying him to remove that gentleman from the office of

judge of the great session of Wales. The motion, however, was negatived

without a division; and this fact became a powerful argument in favour

of parliamentary reform.

STATE OF THE COLONIES.

The History of England in Three Volumes, Vol.III. From the Accession of George III. to the Twenty-Third Year of the Reign of Queen Victoria · 第 40 / 75 章