those relating to Scotland and Ireland would be equally triumphant.
Deliberation was, in point of fact, at an end. Both bills had been read
a first time, and had awaited on the table of the house of commons the
fate of the English bill in the house of lords. The bill relating to
Scotland was read in the commons on the 21st of May, the day on which
the restored ministry resumed the committee in the lords on the English
bill. No resistance was made to the second reading, the opposition
knowing that it was hopeless, and feeling assured that this measure
must follow as part of the general scheme, all the elements of which
had triumphed in regard to England. Various amendments were moved in the
committee, but they were all rejected by large majorities, and it passed
the third reading unmutilated. In the house of lords also, as in the
commons, no opposition was made to the second reading, and it passed
that house on the 13th of July, The Irish bill called forth more
resistance than that of Scotland, though its triumph from the first
was equally certain. Mr. Lefroy moved, on its re-introduction, that it
should be read that day six months. He said, that if a reform bill
was to be passed at all, the present measure, in so far as the country
representation was concerned, was not very objectionable; but he
could discover no advantage to be derived from it in respect to the
alterations in the boroughs. Seven of these boroughs had sent reformers
to parliament, and eight possessed an open constituency. In the others
the constituency varied from twelve to ninety-four, and none of them
could be called decayed boroughs; on the contrary, they were more
flourishing than at the time when they received the franchise. Of the
one hundred Irish members, eighty-three were popularly returned. Where
then, he asked, was the necessity or expediency of the measure? Would
any rational man have deemed a reform bill necessary in England under
such circumstances? And while the bill was unnecessary, he continued,
it was also dangerous—dangerous not merely to the Protestant church of
Ireland, but to the sister church of England, and the integrity of
the empire. The fall of the Irish church would endanger the connection
between the two countries. The leader of the Catholic population in
Ireland had told them to choose reformers as the best means of opening
the way to repealers; yet it was proposed by opening the boroughs to
put them into the hands of this party—a party whose influence would be
increased to an extent that no government would have power to oppose.
The amendment was seconded by Lord Castlereagh, and supported by Messrs.
Shaw, Conolly, and Gordon, who all said that the bill would be ruinous
to the Protestant interest in Ireland. Messrs. O’Connell and Shiel
defended the bill against the objections urged by the supporters of the
amendment, but pointed out other defects, which they expressed a hope
would be remedied in the committee. For instance, the name of the
ten-pound franchise had been given to Ireland without the reality; the
Irish and English freeholders, from the nature of their tenures, and the
disproportion between their means, were in opposite positions to each
other. In respect to houses also, the franchise was too high; and,
instead of being the instrument of reform, it would be productive of
corruption. Thus Portarlington, which was formerly sold by a single
proprietor, would now be sold by one hundred members. In England, no
man was called upon to show his title unless by previous notice; but
in Ireland a scrutinising assistant-barrister examined it without any
process being-served on the man who came to vote. In Ireland, also,
half-a-crown was the sum paid for registry; in England it was a shilling
only. Was this equality? Was this union? Could this conduce to the
continuance of the union between the two countries? But while he found
so much in the bill of an objectionable nature, he would support it for
the good it would effect; he would support it because it would strike
down the corporation of Dublin, and because it would open the borough of
Belfast, whose representative had hitherto been appointed by the noble
Marquis of Donegal, like his groom or his footman. After a few words
of opposition from Sir Robert Peel, the house divided on the second
reading, and it was carried by two hundred and forty-six against one
hundred and thirty.
It was in the committee that the attacks of the Irish reformers against
the bill commenced in reality. The emancipation act had been accompanied
by the disfranchisement of the forty-shilling freeholders. Mr. O’Connell
moved that it should be an instruction to the committee to restore the
franchise to these freeholders. The Irish reform bill exhibited gross
injustice. England was to have thirty members more than had originally
been contemplated, but Ireland was not to derive any such advantage. It
was always the way when Ireland was concerned; her aid was invoked in
the battle, but when the division of the spoil came, she was forgotten.
And in the present instance insult had been added to injury. The Scotch
bill had been brought forward by a Scotch legal luminary. Was there no
Irish gentleman to whom ministers could entrust the Irish reform bill?
Ministers wished to put an end to agitation in Ireland. But how did
they set about it? By perpetrating an act of injustice, which would
perpetuate agitation. The amendment was supported by Mr. Shiel, who
contended that the restoration of the forty-shilling freeholders was
just in principle, because it would assimilate the constituency of
England and Ireland, and because it would conciliate the people of
Ireland without being detrimental to England. Ministers replied, that
if the proposed instruction was carried, it would have, the effect of
impeding, if not ultimately defeating, the measure. Mr. O’Connell’s
motion was lost! by a majority-of one hundred and twenty-two against
seventy-three; and he immediately moved, as a modification of it; that
“the franchise should be restored to persons seized of an estate for
three lives, renewable for ever, of the yearly value of forty shillings,
provided that the rent did not exceed four pounds per annum, of which
one-third was to be profit, and provided also that the renewal fee did
net exceed two-pounds.” This was opposed by Mr. Stanley, on the ground,
that it would create a minute subdivision of independent, property,
and by that means would also create an immense multitude of independent
voters. The motion, was not pressed to a division; and Mr. O’Connell
then took up the subject of the increase of representation in Ireland.
Of the five additional members, one was to be given to the University of
Dublin, which was now to return two members; and Mr. O’Connell and his
party objected to this arrangement, because it would strengthen the
Protestant interest. Sir Robert Heron moved as an instruction to the
committee, that the University of Dublin should continue to return
only one member. The motion was opposed by Mr. Crampton, the
solicitor-general of Ireland, who vindicated the character of the
electors of Dublin University from the attacks which the Irish reformers
made upon it. The proposal was rejected by a large majority: and Mr.
O’Connell returned to the attack by moving, as an instruction to the
committee, to extend the franchise to persons occupying freehold estates
of the yearly value of five pounds. His motion was founded on
this reasoning—that, as Ireland was a poorer country, a ten-pound
qualification in England was a twenty-pound qualification in Ireland,
and the constituency of the latter would consequently be curtailed.
In his speech, he said that the object of all parties seemed to be to
exclude the people of Ireland as much as possible from the enjoyment of
the franchise. He was justified in making this charge, when he saw two
members given to Trinity College, Dublin, in the constituency of which
it was impossible there should be a Roman Catholic voter. If the system
was acted on, the Catholic question still remained to be settled. Mr.
Stanley complained of the unreasonable conduct of Irish members, and
especially of Mr. O’Connell, who first desired alterations in the bill,
and then complained that it was no longer the same. The change in
the plan of registration, he said, had been recommended by Sir Henry
Darnel. An alteration had also been made in the leasehold from
twenty-one years to fourteen, and this was done at the instance of
Irish members. Mr. O’Connell himself had entreated ministers to omit the
fifty-pound qualification, which was complied with: but he had hardly
effected his purpose, when he turned round and accused the government
of making unfavourable alterations in the bill. Members might be
astonished, but it was fact, that he had given notice of a motion
for the restoration of a qualification which was omitted on his own
suggestion. This motion was likewise rejected; as was another, made by
Mr. Mullins, to extend the franchise in counties to leaseholders for
nineteen years, at a rent of thirty pounds. Ministers, however, yielded
something in the committee by consenting to extend the franchise to
leaseholders for twenty years, having a beneficial interest to the
amount of ten pounds. Mr. Shiel divided the house without success, to
get rid of a proviso that required ten-pound voters in boroughs to pay
all municipal taxes. The recorder of Dublin was equally unsuccessful in
a motion tending to place Irish freemen on the same footing with their
brethren in English boroughs; that is, to have their rights as freemen
perpetuated, instead of terminating with the lives of those existing,
as provided in the Irish bill Before the bill left the committee, Mr.
Dominick Browne, one of the members for the county of Mayo, proposed a
different plan for Ireland; but his proposition was not entertained by
the house. The bill passed the commons on the 18th of July, and was read
a second time in the lords on the 23rd. No division took place; but the
Duke of Wellington stated at length his objections to the measure, which
were replied to by Lord Plunkett. The bill passed through the committee
in the peers almost without discussion. The only amendment of importance
was one which had been rejected in the commons; namely, to place the
rights of freemen in boroughs on the same footing on which they stood in
the English bill, by continuing them in perpetuity instead of confining
them simply to the children of freemen born after the passing of the
bill. When the bill returned to the commons, Mr. Stanley declared that
he felt a strong repugnance to this amendment. It was, however, allowed
to stand, and by the first week of August all the three bills had
received the royal assent.
BILL TO PREVENT BRIBERY AT ELECTIONS, ETC.
Soon after, the reform bill was carried the house of commons was filled
with complaints, that, in its working, it was producing, extensive
disfranchisement among the new constituencies. It was required by the
English bill, that the intended voter should have paid up by the 20th of
July all rates and taxes, payable in the preceding April in respect
of the premises on which he claimed. That period was now past, and
the non-payers were so numerous as greatly to diminish the new
constituencies. Under these circumstances Lord Althorp, on the 7th of
August, moved for leave to bring in a bill “for allowing further time
for persons to pay the poor-rates, in pursuance of an act passed in the
present session to amend the representation of the people in England and
Wales.” This was resisted on the ground that the act contained no clause
allowing it to be altered, during the present session, and that the
proposition was a breach of pledge. The house, it was said, had fully
discussed and finally passed a measure effecting a great and extensive
change in the constitution of the country, and that measure had gone
forth to the country as being the final act of those who had originated
it; yet it was now proposed to make an alteration in one of its most
essential provisions. The alteration proposed was not unreasonable in
itself; but there was danger in permitting any alteration to be made
with respect to the reform act. Who could say, if changes were to
be made, when they would stop? Lord Althorp argued that there were
precedents which would enable the house to get over the difficulty in
point of form, but as the bill was to be opposed, and as, in that case,
it could not be carried through before the 20th of August, he would
withdraw it altogether; he was the more ready to do so, because he
thought that the inconvenience had been exaggerated. The subject,
however, was taken up by Colonel Evans, who thought that a great number
of tax and rate payers entitled to vote were defaulters, and therefore
not able to enjoy their franchise. He moved a resolution, which, after
adverting to the disfranchisement likely to arise, suggested that the
mischief might be remedied by substituting for “the 6th of April,” in
the 27th clause of the reform act, “the 25th of September last” for the
payment of the poor rates, and the “10th of October last” for the
payment of the assessed taxes. This motion was only supported by two
members, yet the colonel brought the matter before the house again on
the 10th of August, by moving “that an address be presented to his
majesty, praying that he will be graciously pleased to prorogue the
present, and convene another short session of parliament, to take
into consideration the unexpected disfranchisement produced by certain
restrictive clauses of the act for amending the representation of the
people in parliament.” This motion was opposed by ministers, and was
not pressed to a division. It had become clear, indeed, that many of
the statements concerning the number of non-payers were without good
foundation, and therefore there was no reason for altering the clause.
About the same time objections were raised to the boundaries of
boroughs as laid down by the commissioners whom ministers had employed,
principally on the ground of the influence which, it was supposed, had
here and there been given to individuals, by adding large portions of
their lands to boroughs. It was objected, for instance, that, in the
case of Whitehaven, a rural district, comprehending thirty voters, had
been added to a borough containing three hundred. It was said that this
was done to conciliate opposition; as this district was the property of
Lord Lonsdale, it was stated, he would acquire by its junction with the
town a preponderating influence. An amendment was made to exclude it,
but ministers resisted it, and it was lost. Lord Althorp said, that
nobody who knew the state of parties would believe in these theories of
conciliation; and that Lord Lonsdale would have no more influence in
the borough than the legitimate influence to which rank and property
entitled their possessor. A similar objection was stated against the
boundary allotted to Stamford, which was followed by a similar motion of
exclusion; but it found only nineteen supporters, while one hundred and
seventy-two voted against it.
Another measure connected with the changes in the representation was a
bill brought in to amend and render more effectual the laws relating to
bribery and corruption in elections. Lord John Russell, who brought in
the bill, stated that its principal object was to subject all cases
of bribery to a more complete investigation. With that view, the bill
extended the term for presenting petitions complaining of bribery at
elections from fourteen days to two years; and provided that it would
be lawful for any person to petition the house during that period,
complaining that the election of any particular borough had been carried
by bribery and corruption. The bill also provided that where the parties
complained of undue elections in consequence of bribery, if they proved
their case, all their costs and expenses in sustaining their petition
should be defrayed by the public. Objections were urged against this
measure from both sides of the house. It was argued, that the extension
of the period for petitioning would keep members in a state of vassalage
for two years; that a new petition might be presented every week, if
it only related to a different alleged act; and that the terms which
defined what bribery was were so vague, and yet so comprehensive, that
it was impossible for a member to know whether a charge could be brought
against him or not. Some members thought that nothing but the ballot
would prevent bribery, while others suggested that every member on
entering the house should take an oath that he had neither given, nor
promised to give, or would promise hereafter, by himself, his agents,
or friends, any money, security, order, or other thing of value, or any
pecuniary fee, or reward of any kind, in consideration of any vote or
votes, by which his return to that house had been promoted or served.
The bill passed the commons; but when it came to the lords its
postponement for six months was moved by Lord Wynford, and the lord
chancellor agreeing with him as to the impossibility of carrying its
provisions into effect, the bill was thrown out.
During the discussion on the reform question, one strong objection
against the destruction of nomination-boroughs had been, that without
them there would be no certain means of members who vacated their seats
by accepting office of securing a new return. In order to obviate this
inconvenience, the Marquis of Northampton brought in a bill to repeal,
in so far as certain offices were concerned, the act of Queen Anne,
by which an acceptance of any of them vacated a member’s seat. On the
motion for the second reading of this bill, the Duke of Wellington
said there could be no doubt that some measure of this description was
necessary; but it appeared to him that the present bill was only a half
measure, because it provided for only half of the inconvenience likely
to result. He also objected to the bill being brought forward in the
individual capacity of the noble marquis. As the inconvenience would
arise from a government measure, government should introduce a
remedy, and recommend it to both houses of parliament upon their own
responsibility. The lord-chancellor likewise thought that the second
reading should be delayed till the matter had been more ripely
considered. The second reading, therefore, was postponed, and, as the
end of the session approached, the bill was ultimately laid aside. The
last subject of direct reform in the representation was introduced by
Mr. Bulwer, who moved an address to the king, praying that his majesty
would give the free inhabitants of New South Wales a representative
system. He grounded their title to it on the score both of population
and taxation; but while ministers admitted that New South Wales must in
time have a representative body, they did not think the elements had yet
been formed out of which a safe constituency could be created, and the
motion was negatived.
COMMITTEES ON IRISH TITHES.
{WILLIAM IV. 1832—1833}
In the speech from the throne, on the opening of parliament, there was
this clause:—“In parts of Ireland a systematic opposition has been made
to the payment of tithes, attended in some instances with afflicting
results; and it will be one of your first duties to inquire whether it
may not be possible to effect improvements in the laws respecting this
subject, which may afford the necessary protection to the established
church, and at the same time remove the present causes of complaint.”
Both houses, during this session, appointed select committees to inquire
into the collection and payment of tithes in Ireland, and the state of
the laws relating thereto. The report of the committee of the house of
lords was presented on the 16th of February, and that of the commons
on the 17th. The report stated that in different parts of Ireland
resistance had been made to the payment of tithes, by means of
organised, illegal, and in some instances armed combinations, which, if
allowed to extend themselves successfully to other districts, would be
applied to other objects, and ultimately subvert the dominion of the
law, and endanger the peace and security of society. In many districts
the report further stated, where resistance had been made to the payment
of tithes, the clergy had been reduced to the greatest distress; and in
order to obviate this, the committee recommended that his majesty should
be empowered to advance to the incumbent, where tithes or compositions
had been illegally withheld, or to his representatives, sums not
exceeding the amount of the arrears due for the tithes of the year 1836,
proportioned to the income of each, according to a scale diminishing as
their incomes increased. It further recommended that as a security for
repayment of the sums so advanced, his majesty should be empowered to
levy, under the authority of a law to be passed for that purpose, the
amount of arrears due for the tithes of the year 1831, without prejudice
to the claims of the clergy for any arrear that might be due for a
longer period. Where the arrears were due in a compounded parish, the
sum to be advanced was to be regulated by the composition, and where
there was no special agreement, by an average of the produce of the
tithe for the years 1827, 1828, and 1829. As the crown was to become
entitled to the arrears, it was recommended that the attorney-general
should be empowered to sue for them, either by petition in chancery or
exchequer, or by civil bill at the county quarter-session. On the tithe
system, the committee stated that they had seen sufficient to satisfy
them, “that with a view to serve both the interests of the church and
the lasting welfare of Ireland, a permanent change of system will be
required: that such a change, to be safe and satisfactory, must involve
a complete extinction of tithes, including those belonging to lay
impropriators, by commuting them for a charge upon land, or an exchange
for or investment in land, so as effectually to secure the revenues of
the church, so far as relates to tithes, and at the same time to remove
all pecuniary collisions between the clergymen and the tithe-payer,
which, at present, were unavoidable.” On the 8th of March, the Marquis
of Lansdowne in the upper house, and Mr. Stanley in the commons, moved
resolutions adopting and embodying the recommendations of the report. In
the lords no opposition was offered to them, but in the commons it did
not pass so readily. Mr. Stanley said that as he intended to state the
whole plan which government had in contemplation, with all its details,
he should move for that purpose that the house should resolve itself
into a committee on the report; a course which he deemed advisable,
because it would put it into his power to give every explanation which
might be required, and to take the opinion of the committee separately
on each of the resolutions. This motion was sternly opposed by the Irish
members. Mr. Brownlow led the attack, by maintaining that the report
was too partial and imperfect to be made the subject of consideration in
committee. He moved “that the debate be adjourned, until the committee
had gone into a full inquiry into the subject of tithes, and the
appropriation of church property in Ireland, and until the evidence
and report of the committee came before parliament.” In support of the
amendment, Mr. Shiel said that the Irish members did not oppose the
resolutions: they only said, “Wait for the final report, and do not
decide on a document resting on one-sided evidence.” Catholics, he
said, had been excluded from the committee, and only one out of eighteen
Catholic witnesses had been examined. Was this just, or fair dealing?
It was as if a jury were desired to retire on the closing of the
plaintiff’s case. They find their verdict; judgment is given; and then
the defendant was desired to proceed with her case. If the committee had
confined themselves to the recommendation of assisting the clergy, the
Irish members would not have complained; but while they came with a
purse of gold for the church, they also came with a rod of iron for the
people. Mr. Shiel proceeded next to discuss the plan which was supposed
to be unknown, in doing which he discovered the true objection of the
Irish members to it, namely, that the Protestant church of Ireland was
still to be preserved. Other Irish members urged the same objections;
and added, that if every thing else in the supposed plan were right, it
was wrong to pay the arrears to the clergy, and then ask repayment by
coercive measures. Lord Ebrington, who had been on the committee, and
concurred in its report, now sided with the Irish members. Sir Robert
Peel said that the discussion on the anticipated propositions was
foreign to the question before the house. The question was, whether the
propositions should be explained now, or after the house had gone into
a committee. Pie thought that the latter was the course most conformable
to the practice of the house; and by supporting a motion to that
effect, no member pledged himself in the least to the proposition of the
government. Lord Althorp and Mr. Stanley complained of the course the
Irish members had taken in commenting on propositions of which they knew
nothing; and on a division the amendment of the Irish members was lost
by an overwhelming majority.
The committee was delayed till the 18th, on which day Mr. Stanley moved
a series of resolutions similar to those which had been agreed to by the
lords. The first of these resolutions was, “That it appears to the house
that in several parts of Ireland, an organised and systematic opposition
has been made to the payment of tithes, by which the law has been
rendered unavailing, and many of the clergy of the established church
have been reduced to great distress.” Mr. Stanley entered at great
length into the evidence which proved both parts of this resolution. It
was quite clear from the evidence that a system of opposition had been
established in Ireland to the payment of tithes, which could not be
overcome by ordinary means. Every plan had been adopted by which
the operations of the law might be traversed. Tithe-proctors and
process-servants were violently assailed; impediments were interposed to
prevent the seizure and sale of cattle; and, in a word, every system
of determined and organised opposition was manifested that could be
displayed by a whole population acting as one man against the payment
of a claim legally due. Having proved the truth of the first resolution,
Mr. Stanley proceeded to the second, which provided means of relief.
It read thus:—“That, in order to afford relief to the distress, it is
expedient that his majesty should be empowered, upon the application of
the lord-lieutenant, or other chief governor or governors of Ireland, to
direct that there be issued from the consolidated fund such sums as
may be required for this purpose. That the sums so issued shall be
distributed by the lord-lieutenant, or other chief governor or governors
of Ireland, by and with the advice of the privy-council, in advances
proportioned to the incomes of the incumbents of benefices wherein
the tithes, or tithe composition lawfully due may have been withheld,
according to a scale diminishing as the incomes of such incumbents
increase.” To this resolution Mr. Stanley said that he did not
anticipate any objection, inasmuch as it was from no fault of the clergy
that the resistance, and the consequent distress had arisen. He then
proceeded to the third resolution, which provided for the reimbursement
of the sums advanced:—“That, for the more effectual vindication of the
authority of the law, and as a security for the repayment of the sums to
be advanced, his majesty may be empowered to levy, under the authority
of an act to be passed for this purpose, the amount of arrears for the
tithes or tithe-composition of the whole or any part of the year 1831,
without prejudice to the claims of the clergy for any arrear which may
be due for a longer period; reserving, in the first instance, the amount
of such advances, and paying over the remaining balance to the legal
claimants.” The last resolution pledged the house to an alteration of
the existing tithe system on some principle of commutation, though Mr.
Stanley said he was not prepared to state the nature of the change.
Those who dissented from the resolutions consisted chiefly of the Irish
members, and, singular enough, their opposition was chiefly confined
to the last resolution. This was, it was said, to introduce a change of
system, but it implied that the tithe was still to be a fund available
to the established church. It was said to be unjust to demand
extraordinary powers for the execution of a law acknowledged to be bad
and mischievous, and that every renewed attempt to recover tithes by
coercion would only hasten the ruin of the church establishment in
Ireland. Some adjustment must be made by which the church property
should be applied to the support of the three prominent sects in
Ireland, instead of its being bestowed exclusively on one, which only
comprehended about a third of the population. It was admitted at the
same time that it was right to relieve the clergy who were suffering;
but it was asserted that the resolutions held out no hope of any
substantial amendment of the existing state of things. Mr. Shiel argued
that the last resolution did not pledge the house not to appropriate
church property as it might deem fit, and insinuated that this was
what the ministry meant, though they could not venture to speak it
out plainly. Sir Robert Peel supported the plan of the ministry, for,
although hostile, he said, on general principles, to pledges that
the house would do something at a future period, he thought that the
interests of religion and the Protestant church required that the
present case should be made an exception. As to the proposal to delay
the question till the committee should have given a full report, he
deemed it unnecessary and mischievous. If the spirit of combination was
to be checked, it should be so at once; it would be true mercy to
check it as soon as possible, for any delay would only add wings to
its already rapid progress. The first resolution was agreed to finally
without a division. On the second, Mr. Hunt divided the house, as he did
not think the distress of the clergy in Ireland was such as to warrant
money being taken out of the pockets of the people of this country for
their relief. He was, however, only supported by eleven members, while
eighty-six voted for the resolution. The third then passed without a
division, and an amendment on the fourth was negatived without being put
to the vote, so that the whole were carried. The bill was brought in
to be read a second time on the 6th of April, when the Irish opposition
pressed for a delay on the ground that it was inconsistent with sound
policy to carry through this coercive measure before introducing the
other measure for the change or extinction of tithes; that if the
arrangements regarding the latter were complicated and required delay,
that was the best reason for delaying the former, and that Mr. Stanley,
the Irish secretary, ought to take advantage of the Easter recess, then
approaching, to pay a visit to Ireland. Ministers resisted all delay,
however, and the second reading was carried by a majority of one hundred
and nineteen against twenty-one. It was read a third time, without much
discussion, on the 16th of April; and in the house of lords, where the
resolutions had been agreed to, the bill was passed without opposition.
The tithe-committees still continued their investigations, and on the
25th of June Mr. Stanley stated to the house of commons the measures
which ministers intended to recommend for the final settlement of the
questions connected with tithes. Three bills were to be introduced:
the first, to make the composition act permanent and compulsory, and to
render it at the same time more equitable and effective in some of its
details; the second, constituting the bishop and beneficed clergy of
each diocese into a corporation for the purpose of receiving the tithes
for the whole body, and dividing them for their common benefit in the
proportion to which the respective parties would be entitled: and the
third, providing for a commutation of the tithe on the same principle as
the land-tax redemption in England, or the redemption of quit-rents in
Ireland—that is, that the party liable to the charge might redeem
it, and the money thus paid for redemption would go to a fund as
a provision for the clergy in the proportions to which they were at
present entitled. Mr. Stanley explained the principles of these three
bills at great length; but stated that it was not intended to carry all
of them through the house at so late a period of the session. And
this, he continued, was not necessary, as the first and second were
independent of the third. He moved therefore for leave to bring in
a bill for making the tithe-composition act compulsory, and the
composition permanent, and another for establishing the ecclesiastical
corporations. Subsequently the latter of these was delayed, and the
composition bill only pressed on. The motion for this was opposed by Mr.
J. Grattan, who moved as an amendment the following resolutions:—“That
it is essential to the peace of Ireland that the system of tithes in
that country should be extinguished, not in name only, but in substance,
and unequivocally: That in coming to this resolution we recognise the
rights of persons having vested interests, and declare that it is the
duty of parliament to provide for those persons by making them a just
compensation: That we also recognise the liability of property in
Ireland to contribute to a fund for supporting and promoting religion
and charity; but that such may and ought to be quite different in the
mode of collection, and much lighter in effect than that raised by the
system of tithes: That we are also of opinion that the mode of levying
and the application of such fund and its distribution ought to be left
to the decision of a reformed parliament.” As the session was drawing
near to a close, the opposition seemed to entertain hopes of rendering
the measure abortive by mere opposition. Ministers were first compelled
to adjourn the debate from the 3rd of July to the 10th, and on the 10th
it was found necessary to adjourn it again to the 13th. On that day,
after stern opposition from the Irish members, and especially Mr.
O’Connell, who descanted in his usual strain on the “insulting contempt
with which all Irish affairs were treated,” a division took place on Mr.
Grattan’s resolutions, which were rejected by a large majority, and then
the bill passed the second reading without opposition, and the house
went into committee. Mr. Stanley in opening the ministerial propositions
had adverted to the payment of church-cess and church-rates by
Catholics, and expressed an opinion that they might be got rid of by
a proper application of the first-fruits. Mr. Shiel moved that “the
committee should be instructed to recite in the preamble of the bill,
that the tithe composition should be extended, with the view to the
levying of first-fruits according to their real value, and to such
future appropriation of them to the purposes of religion, education,
and charity, as, after making a due provision for the maintenance of
the church, should to parliament seem proper.” Mr. Shiel said that the
preamble already set forth that the bill was to effect a commutation.
The government, however, ought not to stop there: they had declared that
they intended to relieve the people from the church-rate, by levying
their first-fruits to their full extent, and it was their object to
ascertain the full amount of tithes through Ireland in order to tax the
church. The committee, also, had reported that the people ought to be
relieved in this particular: wherefore then was it not set forth in
the preamble? They should be embodied in the bill, and the legislature
should give an earnest of their determination to rescue the Irish
nation from the most odious imposition in the annals of ecclesiastical
taxation, the erection of temples with which the people had no concern.
Mr. Stanley, in reply, admitted that he agreed in the principle that
the fund arising from the first-fruits should be made available for the
repair and erection of churches. When asked, however, “Why not say
in the preamble of this bill that there should be an abolition of
church-cess and rates for the future?” he said he was not prepared to go
to that extent. If he consented to the introduction of these words
into the preamble, he should be doubtless told that church-rates were
abolished, and that the people of Ireland so understood it. He did not
wish, he said, to declare that to be the object of the bill which was
not its object, however it might be likely to be effected by the
passing of the bill. On a division Mr. Shiel’s motion was rejected by
seventy-nine to eighteen. The bill now proceeded without further delay,
and was passed by the commons and the lords. On the second reading in
the upper house the Duke of Wellington expressed a wish that it should
pass unanimously, he believing it to be the commencement of a series of
measures which had the pacification of Ireland for their object.
FINANCIAL STATEMENTS.
As the reform bill and the management of Ireland were the great business
of this session, matters of trade did not occupy much attention
in parliament. The chancellor of the exchequer made his financial
statements on the 27th of July, when it appeared that in the quarter of
the year ending on the 5th of January, there had been a deficiency of
£700,000, making the revenue of that quarter fall short of the estimate
by no less a sum than £1,200,000; ministers having calculated on a
surplus of £500,000. The revenue in the year 1830, the chancellor of the
exchequer said, was £50,056,616, while the expenditure was £47,142,943,
leaving a surplus of £2,913,673. The expenditure of 1831 ending in 1832
was within £19,664 of that of 1830; but this equality did not proceed
from an equality of votes in the two years, because in the latter
year there arose, from the reduction of four per cents., a saving of
£777,443. After entering into minute particulars of the receipts
and expenditure, with the savings which government had effected, the
chancellor of the exchequer said, that upon the whole there was a
decrease of income in 1831, as compared with 1830, of £3,682,176. From
this, if the surplus, which would have accrued if the income had
been equal to the expenditure in that year, that was £2,933,319, were
deducted, there would be an excess of expenditure in 1831 over the
income amounting to £698,857. The state of the revenue, therefore,
in the commencement of 1832, was, that instead of having a surplus of
£2,913,673, as in the commencement of 1831, the expenditure of 1831
being £19,646 below that of 1830, there was a falling off to the amount
he had already shown; and the real excess of expenditure over income in
1831 was the sum of £698,857. Lord Althorp attributed this deficiency
chiefly to the reduction of taxation in 1830. The whole reduction of
taxation in 1831 amounted to £4,780,000. From this, if £3,364,412 were
deducted as the loss on customs and excise, there would be a balance
of £1,414,588; a clear proof that the resources of the country had
increased by nearly a million and a half in the consumption of articles
not affected by taxation. He owned he had been too sanguine in the
calculation he had made of increased consumption from reduced taxation,
but it was satisfactory to observe that, notwithstanding the great
reduction of taxation, the deficiency in the revenue had been so small.
He felt it right to state, he continued, that the deficiency at the
end of the year was increased in the April quarter, the amount in
that quarter being £1,240,413. Finding this deficiency his majesty’s
ministers had endeavoured to meet it, not by an increase of taxation,
but by a reduction of expenditure. They had lowered the estimates by
more than £2,000,000, and had reduced official salaries and appointments
to the utmost of their power. In two years, the reductions they had made
in salaries and officers amounted to £334,353. Lord Althorp next entered
into a statement of the gradual decrease of the surplus, and then
proceeded to the estimates for the year ending-April, 1833. He
calculated that the expenditure of the year ending April, 1833, would
be £45,696,376, which would be £2,162,051 less than that for the year
ending in April, 1832. He next proceeded to give a comparative estimate
of the income as it was in April, 1832, and as he calculated it to be
for 1833. From the various items he expected a total of £46,470,000;
deduct from that £45,696,376, as the amount of expenditure, and it left
a surplus for the year ending in April, 1833, of £773,624. Against this,
however, was to be set the deficiency of 1832, amounting to £1,240,413,
and take from that sum the surplus of £773,624 for 1833, and it would
leave a deficiency on the two years of £466,789. Mr. Goulburn contended
that, according to the noble lord’s statement, there would be a
deficiency at the end of the current year, on account of 1832, although
in this year there was a surplus. After a few words from Sir Robert
Peel, however, who questioned the reality of the reductions made by
government, the financial arrangements were carried without opposition.
COMMITTEE ON THE CHARTER OF THE EAST INDIA COMPANY, ETC.
On the 27th of January the president of the board of control moved the
appointment of a committee upon the affairs of the East India Company,
and to inquire into the state of trade between Great Britain, the
East Indies, and China. This was, in fact, only the reappointment of
a committee which had sat during previous sessions; but the president
hinted that as the charter would expire in April, 1834, and the East
India Company had declined to make itself a party to the discussion,
it would be necessary that the government should take a more direct
management of the question, though without intimating its intentions, so
as not to disappoint expectations. It would be necessary to carry
this proposal into effect, he said, to have a considerable number of
sub-committees, at least six or seven, each taking a separate branch of
the inquiry. In the East India House, and in the board of control, the
business was divided into six departments, each division having its
separate functionaries; and he proposed, therefore, that there should be
at least six sub-committees, each taking one of these departments. As it
was necessary, he continued, to provide for the absence of members,
and as five or six members would be necessary in each subcommittee, he
should propose that there should be at least forty-eight or forty-nine
in the committee. The present committee, he added, would have this
advantage, that, the subject was not entirely new. A large mass of
testimony had been obtained; and though the evidence had not been
systematically collected, yet the materials were in preparation, and the
committee would be supplied with them. In addition to this the board
of control had for some time been preparing for the discussion, officers
having been employed in classifying the evidence laid before both
houses, and in separating the different branches of the evidence. The
committee was appointed without opposition. Subsequently, the chancellor
of the exchequer proposed the appointment of “a committee of secrecy,
to inquire into, and report upon the expediency of renewing the charter
of the Bank of England; and also on the existing system of banking by
banks of issue in England and Wales.” The circumstance which gave rise
to this motion was the renewal of the charter with the Bank of England.
As the occasion of a renewal of that charter had always been considered
the proper time for an inquiry into the banking system, and had been
looked forward to by the public as a proper season for taking the
principles of the Bank of England into consideration, therefore the
proposition was made. In making the proposal, the chancellor of the
exchequer said that he trusted the house would agree in the propriety of
making it a committee of secrecy, in order to prevent any discussions
in that house upon the subject pending the inquiry; on such a question,
involving the money transactions of the country, nothing could be more
objectionable than these discussions. As to the questions which the
committee would have to consider, they would have first to decide
whether the charter should be renewed, and then, in case of renewal,
whether any, and what exclusive privileges should be given to the Bank.
Another question for their consideration would be the existing system of
banking with reference to banks of issue; and they would likewise have
to consider the Bank of England in its quality of banker to the state.
It was not, however, intended that the committee should go into the
question of the currency; it was to confine itself to banking, properly
so called. But one exception to this would be found in the one-pound
notes: it would be impossible to exclude that question from the
consideration of the committee, if they should consider it was necessary
to enter upon it. It was thought by some members that it would be better
to restrict the committee from entering into that question, and by
others that it would be better to delay the whole subject till a new
parliament. In substance, in fact, it was so delayed, for, although
a committee was appointed, it had made no report when parliament was
prorogued and subsequently dissolved.
THE AFFAIRS OF THE WEST INDIES.
In the latter part of 1831, a violent hurricane had occasioned a great
deal of injury in Barbadoes, St. Vincent, and St. Lucia. During this
session ministers proposed, and parliament agreed, to grant his majesty
£100,000 for the relief of the sufferers in those islands. Jamaica was
soon after visited by a calamity of a different kind, though not less
destructive. About the end of 1831, a formidable insurrection, which had
been organised for some time, broke out among the slaves, particularly
in the parishes of Trelawney, Portland, and St. James. The negroes on
several estates began at first to refuse to go to their work, and then
they assembled together in large bodies, and marched over the country,
spreading devastation around them. The destruction which they caused
was not confined to the whites; the houses and small settlements of free
people of colour were attacked equally with the large plantations of
the white inhabitants. It was found necessary on the 20th of December
to proclaim martial law, and the militia of the different parishes was
called out. Sir Willoughby Cotton also marched to Montego Bay, with
between two and three hundred troops. Two engagements took place between
the negroes and the militia, in both of which the former were routed.
They again made head in some quarters; but at length the troops
succeeded in dispersing them; and offers of pardon being issued to all
but the ringleaders, the greater part of them returned to their masters.
Of the ringleaders, some were shot after trial by courts-martial; and
by the middle of January the danger was over, though some of the negroes
still remained out, and martial law was not recalled. The insurrection
was ascribed by the whites partly to the vague notions existing among
the negroes by the orders in council intended to effect the amelioration
of their condition, and partly to the arts or imprudence of sectarian
missionaries. A belief had been produced among the former that their
liberty had been granted by the king; and it was said that they had
been encouraged in these ideas by some of the missionaries. This
unfortunately gave rise to the work of retaliation. At Montego Bay.
Falmouth, Lucia, and Savanna-la-Mer, the chapels of the Baptists were
razed to the ground by the mob, probably at the instigation of the
planters. A Baptist and Moravian missionary were arrested on the charge
of exciting the insurrection, but nothing was found to criminate them.
But apart from the effect which the orders in council might have had
in misleading the negroes, they were regarded by the colonists as an
unnecessary and mischievous interference with the rights of property,
and even with their political privileges. The orders appointed
slave-protectors to attend to the rights of negroes against their
own masters, fixed the hours of labour, and contained various other
regulations, all deemed useful, and intended to prepare the way for
a general emancipation. These orders were considered in both sets of
islands as dangerous incitements to turbulence among the negroes,
and ruinous to the property of planters. There were discontent and
irritation everywhere against the government at home; and in the
colonies which had legislative assemblies it was plainly spoken out by
resolutions and petitions. Nor were the proprietors at home silent on
the occasion. On the 6th of April the West-India mercantile body of
London presented a protest against the order in council to the secretary
of state. This was followed by a public meeting of persons interested
in the colonies, where it was resolved to petition the house of lords,
praying, “That a full and impartial parliamentary inquiry should be
instituted for the purposes of ascertaining the laws and usages of the
colonies, the condition of the slaves, the improvements that had been
made in that condition, and what further steps could be taken for the
amelioration of that condition consistently with the best interests of
the slaves themselves, and with the rights of private property.” This
petition was presented on the 17th of April, by the Earl of Harewood,
and the prayer of their petition was granted. Mr. Buxton, on the 24th of
May, made a motion on the other side of the question. He moved: “That a
select committee be appointed to consider and report upon the measures
expedient to be adopted for properly effecting the extinction of slavery
throughout the British dominions at the earliest period compatible with
the safety of all classes.” Lord Althorp objected to this motion as too
unqualified, and he wished Mr. Buxton to add the words, “in conformity
with the resolutions of 15th of May, 1823.” To this Mr. Buxton would not
consent, and Lord Althorp then moved them as an amendment on the
motion, and they were carried by a large majority. These measures
were subsequently followed by pecuniary relief to those who had lost
property. The sum of £100,000, which had been granted to the sufferers
from the hurricane in Barbadoes, St. Vincent, and St. Lucia, was
raised to £1,000.000, and extended to the sufferers in Jamaica by the
insurrection. In addition to this, the sum of £58,000 was granted to be
applied in giving aid in regard to the internal expenses to the crown
colonies, which had adopted the orders in council, and had carried the
same into effect.
PROROGATION OF PARLIAMENT.
Parliament was prorogued by his majesty in person on the 16th of August.
On the great question of the session his majesty remarked:—“The
matters which you have had under consideration have been of the first
importance; and the laws in particular which have been passed for
the reforming the representation of the people have occupied, as
was unavoidable, the greatest portion of your time and attention. In
recommending this subject to your consideration, it was my object, by
removing the just causes of complaint, to restore general confidence
in the legislature, and to give additional security to the settled
institutions of the state. This object will, I trust, be found to have
been accomplished.” Ireland was still in a disturbed state, on which
his majesty remarked:—“I have still to lament the continuance of
disturbances in Ireland, notwithstanding the vigilance and energy
displayed by my government there, in the measures which it has taken
to repress them. The laws which have been passed in conformity with
my recommendation at the beginning of the session, with respect to the
collection of tithes, are well calculated to lay the foundation of a new
system, to the completion of which the attention of parliament, when it
again assembles, will of course be directed. To this necessary work my
best assistance will be given, by enforcing the execution of the
laws, and by promoting the prosperity of a country blessed by Divine
Providence with so many natural advantages. As conducive to this
subject, I must express the satisfaction which I have felt at the
measures adopted for extending generally to my people in that kingdom
the benefits of education.” At the close of his majesty’s speech the
lord-chancellor said, that it was his majesty’s royal will and pleasure
that parliament be prorogued to Tuesday the 16th of October next, to be
then holden, and this parliament is accordingly prorogued to Tuesday the
16th day of October next.
GENERAL ELECTION.
{WILLIAM IV. 1832–1833}
After parliament was prorogued, the great objects of public attention
were the registration of the new constituency under the reform bill, and
other preparations for a general election, which was to follow as soon
as the registration was completed. The registration, which was conducted
very quietly, having been completed, parliament, which had been
prorogued by commission on the 16th of October, was dissolved on the 3rd
of December, and the first general election under the reform act took
place. The writs were made returnable on the 29th of January, 1833. As
regards the machinery of the act, it appeared to work more smoothly than
had been anticipated. Generally speaking, in the most populous places,
the polling was concluded within the two days allowed by the act. Less
time and opportunity were allowed for bribery, and the disturbances
which used to arise from drunkenness and profligacy in a great measure
ceased. As regards the candidates which the machinery of the act
produced, there was a great dislocation of old connexions and
previous interests. There were three parties in the field: ministerial
candidates; Tories, now called Conservatives; and the Radicals, who
have been aptly termed “the apostles of pledges.” The elections were
generally in favour of the ministerial candidates, or at least of
candidates who professed the same general views, and declared their
adherence to a reforming ministry. This was natural, for in almost all
the boroughs success depended on the newly created electors, who could
scarcely refuse their votes to that party by whose means they had
procured the right of voting. The Whigs were most successful in
Scotland: out of fifty-three representatives elected in that portion of
the empire, not more than twelve were Conservatives; nor could half that
number be termed “apostles of pledges.” In Ireland, however, the Whigs
were not so successful. O’Connell had denounced the ministers, even
while the reform bill was in progress, as acting with insult and
injustice towards Ireland in the measure of change meted out to her; and
the refusal to abolish the Protestant established church in Ireland
had converted him and his adherents into declared enemies. All their
energies, therefore, were employed to return members who would either
drive ministers from the helm, or drive them to sacrifice the church,
and repeal the union. The consequence of his agitation was, that, while
Mr. O’Connell was himself elected for Dublin, he brought over with him
when parliament met some half-dozen of his own immediate relations,
besides various demagogical dependents, as the representatives of
Ireland. O’Connell’s manners and language on this occasion were violent
in the extreme. In a letter “To the Reformers of Great Britain,” he even
ventured to put forth articles of impeachment against the ministers, and
he went so far as to offer to coalesce with the Orangemen in order to
defeat them. The result of his agitation was that, by his exertions and
influence, coupled with that of the minor demagogues of Ireland, the
number of Radicals, or “Repealers” was greatly increased.
RESIGNATION OF THE SPEAKER.
As the end of last session was approaching, Mr. Manners Sutton, who had
filled the speaker’s chair in six successive parliaments, announced his
intended resignation. His chief reason appears to have been that
the next parliament would consist of many new faces; and would be
differently constituted to those in which he had presided. All parties,
however, received his announcement with regret; and Lord Althorp moved,
Mr. Goulburn seconded, and the house voted by acclamation the usual
resolution of thanks in such cases. An address was also voted to the
king, praying his majesty to confer some signal mark of his favour on
the speaker; and this was carried into effect by granting to Mr. Sutton
£4000 a-year, to be reduced one-half if he accepted office under the
crown of equal value, and £3000 a-year to his son on his demise.
STATE OF IRELAND.
This year witnessed the disaffection of all parties in Ireland. Towards
the conclusion of the preceding year a systematic opposition to
tithes had been organised, and the repeal of the union had been openly
advocated. Ministers, doubtless, conceived that the reform bill would
conciliate both the agitators and their followers; but in this they
were mistaken. The reform bill, indeed, gave rise to new sources
of discontent. The Protestants lost all confidence therefrom in the
government; and they very naturally felt inclined to have recourse,
for means of defence, to the same instruments which the Catholics
used against them. They were surrounded by Catholic bands, inclined to
pillage and murder, and it was no wonder that they felt irritated by
a measure which appeared to give licence to the lawless. A meeting
of Protestant noblemen and gentlemen, held in Dublin, put forth a
manifesto, enumerating the various grievances of which they thought
themselves entitled to complain, and calling upon all their brethren
to be vigilant and true to their own interests. The example of this
assembly was followed in many parts of the country, and addresses
were voted by numerous meetings to the king. In one of these addresses
dissatisfaction and alarm was expressed at the spirit that appeared to
influence the councils and direct the measures of the Irish government.
Unconstitutional and mischievous associations, it was stated, had been
suffered to be formed and continued, the efforts of which were directed
to usurp the power of government, and destroy the civil and religious
institutions of the country; and these associations, instead of being
suppressed, were allowed to take place even in the metropolis, while
the instigators of them were rewarded with favour and confidence. This
address also expressed strong opinions on the reform bill. It would
transfer, it was said, to the Catholics and Catholic clergy an
overwhelming influence in the representation; that the boroughs,
whose franchise was to be taken from the Protestant corporations and
transferred to a larger constituency, had been incorporated for the
express purpose of maintaining, by a Protestant constituency, the
connexion between the two countries; and that the measure in progress
could have no other effect than to vest the dominion of Ireland in the
Catholics. On the other hand, the reform bill did not give satisfaction
to the Catholics; it gave much, but it did not give all that they
desired, or all that was necessary to the completion of their schemes.
Their object was ascendancy. Popery could not retain its glories in
Ireland, or the Protestant church be destroyed, so long as their fate
depended on a Protestant parliament. The union must be repealed; and
unless Ireland sent into the house of commons a large body of Catholic
repealers, there was no chance of such a consummation. Hence it was that
Mr. O’Connell attacked the Irish bill with such bitterness; it did not
make a larger addition to the representatives of Ireland, and it did not
sink the qualification to a scale sufficiently low to ensure the return
of all repealers to the reformed parliament. These “defects of the
bill,” therefore, supplied the demagogues with new sources of agitation.
The people were told that this pretended reform was an insult; that they
had received only a small portion of the justice that was due to them;
and that they must still offer unyielding opposition to a government
which granted only a part of their demands.
Meanwhile the tithe question became & fruitful source of discontent and
bloodshed. A petition was entrusted to Mr. O’Connell to the house of
commons against the Protestant church, which, while it announced in
plain language their own wishes, gave direct encouragement to violence
and outrage. The different counties, in fact, from the agitation of the
demagogues, presented one scene of growing lawlessness and crime. The
king’s speech was even made to foster this spirit of insubordination. It
had recommended the consideration of the tithe question in parliament;
and the Irish Catholics construed this into a condemnation of the tax.
Looking upon the tithes, therefore, as already denounced by the king
and the parliament, they thought they were justified in resisting
the payment of them. Everyman refused to pay; and threats, arson, and
murder, were directed against all who in any way connected themselves
with the payment, or collection of tithes, whether as clergyman,
proctor, policeman, or payer. Recourse was even had to intimidation
by public proclamation; chapel doors were desecrated by placards
threatening death and destruction to all who should pay tithes. Thus
instructed at the very sanctuary where peace alone should have been
taught, the ignorant and misguided peasantry everywhere committed acts
of violence and outrage. The premises of the tithe-payer were reduced to
ashes, and his cattle were houghed, or scattered over the country, or,
as in Carlow, hunted over precipices. Moreover, scarcely a week
elapsed in which a proctor, or a process-server, or a constable, or
a tithe-payer, were not murdered. An archdeacon of Cashel was even
murdered in broad daylight, while several persons who were ploughing in
the field where the act was committed, either would not, or dared not
interfere. Neither life nor property were safe; and in the beginning of
February the Irish government found it necessary to have recourse to the
peace-preservation act, and to proclaim certain baronies in the county
of Tipperary to be in a state of disturbance. This, however, had no
effect; large bodies of men everywhere openly defied the law, and roamed
about the county, compelling landlords to sign obligations to reduce
their rents, and to pay no tithes. They even compelled some farmers
to give up their farms and their houses, and, in some instances, they
committed the most atrocious cruelties. An end was put not only to
the payment of tithe, but to the payment of rent; and the terror which
prevailed on every hand acted as a shield to the offenders. In fact, it
was considered a crime to be connected with any attempt to execute the
law against the insurgents, and to betray any activity in preserving
order was to become a marked man; such a man was sure of being made
the victim of open violence, or secret assassination. Such an extensive
combination had been entered into to resist the payment of tithes, and
to protect all who might be implicated, that the ends of justice could
not be attained. Jurors were in danger of losing property and life; and
at Kilkenny the attorney-general even found it necessary to delay the
trials.
Government, as the year advanced, filled the disturbed districts with
troops and an augmented constabulary force; but no approach was made to
the restoration of order. The magistrates of the county of Kilkenny made
an unanimous application to the Irish government for stronger measures
to meet the crisis; but the lord-lieutenant stated in his answer, that,
from circumstances which had taken place, he had no expectation left of
any appeal to the law under the existing excitement proving effectual.
He sent, indeed, into that county three additional stipendiary
magistrates, and one hundred additional policemen; but this was
ineffectual: crime still prevailed, and resistance was successfully
made to the payment of tithes. In the meantime, the agitators and their
political unions, while they affected to deplore the perpetration of
the outrages which were every day occurring, did not cease to address to
their countrymen the same exciting language in which they had hitherto
indulged, and to devise new schemes and combinations for open resistance
to the law. It was quite evident, indeed, that they were at the bottom
of all the mischief that was afloat. It is true, they did not recommend
openly murder and arson, and that they preached passive resistance; but
they called upon every man to refuse payment of tithes, and in that call
was involved disobedience to the laws. Dublin was the seat of most
of the mischief going forward. From thence the agitators continued to
describe Ireland to its inhabitants as the slave of England, and to
denounce the existence of tithe. The remedy of the tithe-owner was
distraint; but in a few instances only could a sale be carried into
effect, and the clergy were at length compelled to give up all attempts
to enforce their rights, the more especially as the arrears, if the
measures proposed by ministers were carried, would become debts due to
government. Where-ever a sale was effected, all those connected with it
were objects of vengeance. Thus, in Kildare, a farmer who had purchased
some distrained cattle, was obliged to throw up his farm and leave
the country. The opposition against the payment of tithe was directed
against the government as well as the clergy. Its intention was to drive
ministers, if possible, to recommend and enforce their abolition, by
rendering the recovery of them impracticable. Anti-tithe meetings were
held in every part of Ireland, and the greater part of the country was
involved in one huge conspiracy. During the year government seemed to
think it time to try whether the law could not reach the tumultuous
assemblies of the conspirators. A circular was addressed to the Irish
magistracy, directing them to disperse all meetings collected in such
numbers as to produce alarm and endanger peace, as distinguished by
banners, inscriptions, or emblems, which tended to disturbance, or to
throw contumely on the law. This circular was denounced by Mr. O’Connell
as illegal, though he advised that it should be obeyed. Several large
meetings were dispersed by the military, headed by a magistrate; but
where the meeting was strictly parochial, no opposition was offered to
their proceedings. It was this spirit of lawlessness which gave rise to
the Irish tithe-bill of this session. The passing of that bill neither
mitigated the discord which everywhere prevailed, nor diminished the
crimes which that discord produced. The people had been taught to demand
as their right, and to expect as a concession, the annihilation of
tithe; but they found that the crown, by the Irish tithe-bill, had
become creditor instead of the clergymen. They had now, therefore, to
struggle with the crown. Proceedings were adopted by the law-officers
of government to enforce payment of arrears, and at the same time it
was resolved to try the power of the law against the ringleaders of the
“anti-tithe meetings.” A great number of persons were apprehended on the
charge of conspiracy, and of holding illegal assemblies. Some of these
on their trials were convicted, and others, on the advice of O’Connell,
pleaded guilty, and they were fined and imprisoned; but they were looked
upon as martyrs, and the penalties which they were suffering were noted
down as another unpardonable injury committed against Ireland by the
English government and the Protestant church. The law, however, was not
equally successful when directed against the more atrocious crimes of
arson and murder, which had been committed in the southern counties.
Life was not safe in those parts, and jurors and witnesses alike dreaded
the execution of a duty which might involve a sentence of death upon
themselves. Rather than attend, they paid the fine for absence; or if
they attended, they were afraid to convict, even in the most atrocious
cases. The law-officers were, in fact, compelled to give up the
prosecutions in despair, and murder remained unavenged. In celebration
of this triumph over law and justice, the county of Kilkenny blazed
with bonfires, announcing to the world that the guilty had escaped
punishment. As for the “acquitting jurors,” they were greeted with the
popular applause; and because they allowed murder to be committed
with impunity, the peasantry hastened in crowds to their fields in
harvest-time, and reaped their fields for nothing. Crime, therefore,
prospered; and the tale of murder was repeatedly told in the newspapers
of the day, while the perpetrators thereof escaped the punishment due
to their crimes. Yet no lament was raised by the political guides of
Ireland over murdered landholders and clergymen; it appeared to be, in
their sight, a just revenge. At the same time a long wail of woe was
heard throughout the country, if it happened that any of the resisting
peasantry were killed by the military in the performance of their duties
in securing the tithe. Four were thus killed in the county of Cork, and
others wounded, the military being compelled to fire in self-defence;
and Mr. O ‘Connell immediately sent forth a letter to the reformers of
Great Britain, invoking vengeance. And yet this man, who could deplore
the fate of violators of the laws, could not find any cause for lament
in the deaths of the many clergymen and laymen who had been slain by the
infuriated peasantry. He could not find it in his heart to deplore the
fact that the blood of peaceful, respectable, and virtuous citizens, had
been shed on Irish ground; but he could palliate the conduct of their
murderers, and by his agitation virtually sanction the foul crime.
STATE OF THE CONTINENT.
During this year Don Pedro carried his threat into execution, of
attempting to recover the throne of Portugal from his brother by force
of arms. He had been permitted to levy men, and to purchase vessels and
shipments of arms and ammunition, both in England and France, and the
naval part of the expedition was placed under the command of a British
officer, who became a Portuguese admiral. The expedition sailed from the
rendezvous, in the Azores, on the 27th of June, and it consisted of
two frigates, three corvettes, three armed brigs, and four schooners,
besides transports, and a number of gun-boats to cover the landing. The
army on board, including British and French recruits, did not amount to
ten thousand men, and it was scantily provided, both with cavalry and
artillery. The invaders landed off Oporto on the 9th of July, without
any opposition; and in the course of the day they took undisturbed
possession of the city, the enemy having retired to the left bank of
the Douro, and destroyed the bridge. The possession of this city was
doubtless of great importance to Don Pedro; but it was far removed from
the capital. He had hopes that the country would rise in his favour,
and that the military would abandon his opponent. In these expectations,
however, he was doomed to be disappointed. Don Miguel was enabled to
concentrate his forces, and to organise the means of resistance; and at
the close of the year, after some slight successes in engagements with
the enemy, he was shut up in Oporto by the Miguelites, who bombarded the
town, blockaded the Douro, and placed him in a very critical situation.
In the East a quarrel took place between the Sultan and Mehemet Ali,
Pasha of Egypt, which threatened serious consequences to the Turkish
empire, and occasioned such interference on the part of Russia as
awakened the jealousy, and aroused the watchfulness of the other
European powers. Ibrahim wrested Syria from the Porte, and the Ottoman
empire was tottering to its fall, unless the European states should
interfere to prevent it, or Russia should realize her long-cherished
schemes of aggrandizement by taking the shores of the Bosphorus, which
the Sultan was not able to defend, under her own protection. It was
feared by the European powers that Russia would thus act; and toward
the end of June, ministers dispatched the son-in-law of the premier on
a special mission to Russia. Much confidence was placed by the public
in the integrity and talents of Lord Durham, and an attempt was made to
induce the ministers to embrace this opportunity of mitigating the
cruel fate which hung over the unhappy Poles. Poland, however, was still
doomed to be unbefriended. Russia was left to seek the annihilation of
its existence as a separate nation at her pleasure. By an ukase
this year, indeed, the emperor declared that Poland, with a separate
administration, should become an integral part of the empire, “and its
inhabitants form but one nation with the Russians, bound together by
uniform and national sentiments.” During this session, also, there was
a debate on the subject of payments made to Russia without the authority
of parliament. This question was connected with the financial affairs
of the country, though it was treated more as a question of political
party. It arose out of the treaty of 1814 for the incorporation of the
Belgian provinces with Holland. By that treaty Great Britain had agreed
to pay a certain share of a debt due to Russia by Holland, so long as
Holland and Belgium were united. They had now been disjoined for nearly
a year, and yet ministers had been making these payments without any
new authority from parliament. The subject was brought forward by
Mr. Herries, who entered at length on the subject, and contended that
England had no right any longer to pay money to Russia: the Dutch had
refused to pay any more, and ministers should not have done so without
at least new powers from parliament. He moved three resolutions:—“That
by the 55 Geo. III., for carrying into effect the convention between
Great Britain, the Netherlands, and Russia, the treasury was empowered
to issue sums to pay the interest and capital due by Holland to Russia,
conformably with the provisions of the convention: That the payment of
these sums was made to depend upon the non-separation of the kingdoms
of Holland and Belgium; and that, as the kingdoms of Belgium and
Holland had been separated, all payments made since that separation were
unwarranted by act of parliament, and contrary to the treaty recognising
the loan.” Lord Althorp, in reply, said that the true question was,
whether the country was not bound in honour to the continued payment
of those sums. Looking at it only according to the strict letter of
the treaty, we might not be bound; but he thought that by a careful
examination of its spirit and provisions, it would be found that our
honour was pledged to the payments, and that on no other consideration
than that it was so pledged should we have interfered as we had done
in the affairs of Holland and Belgium. He argued that the separation
contemplated by the framers of the treaty was one produced by extreme
force, and had nothing to say to any severance proceeding from internal
causes. He argued further, that it was by giving Russia an interest
in preventing the severance of Holland and Belgium, that this country
concluded the treaty; and that, therefore, to that treaty we were
equally pledged. That Holland had refused to pay was immaterial: if one
pledged himself to the payment of a debt to which there was also a third
party, it would be dishonourable to take advantage of that third party
having refused to fulfil his engagement, as a legal reason for also
refusing to fulfil your engagement. With respect to the resolutions, he
had only to say, that, as the two first were merely declaratory of
the fact, he should, as far as they were concerned, move the previous
question; but as the third was a direct censure on ministers, he should
meet it with a direct negative. Ministers had acted on the opinion of
the attorney and solicitor-general, and they now defended that opinion.
Lord John Russell also argued that it was the spirit and not the letter
of the treaty which must be looked at, and that that spirit justified
the payment. He complained that the resolutions were moved with a mere
party view, and not from any love of economy or from any desire to
maintain a constitutional principle. He complained also, that a motion
should be made for censuring ministers, without calling for papers, and
without any allusion to the circumstances which had occurred in 1830
and 1831, and on which the interpretation of the treaty might in a great
degree depend. After some stinging comments upon this speech, Sir Robert
Peel wound up the debate in one of his most plausible parliamentary
addresses. He clearly confuted the main arguments which Lord Althorp
used, and produced an effect unfavourable to ministers. When the house
divided, the previous question was carried by a majority only of twenty;
and government had but the narrow majority of twenty-four for the third
resolution. Many of their adherents, including Mr. Hume, voted against
them on this occasion; and even their secretary-at-war, Sir Henry
Parnell, failed to attend to vote for them, for which conduct he lost
his place, and was succeeded by Sir John Cam Hobhouse. The truth was, as
it afterwards appeared, ministers had entered into a new convention with
Russia, although that convention had not been ratified. Ministers laid
this before parliament on the 27th of June; and on the 12th of July Lord
Althorp moved the house to go into committee to consider of it, with the
view that a bill should be brought in to enable his majesty to execute
it. The convention provided for continuing the payments, and the
opposition thought this a powerful argument in their favour; if a new
convention was necessary, it was said, the former payments were made
without authority. They moved the following amendment to Lord Alfhorp’s
motion:—“That it appears to this house that the payment made by the
commissioners of the treasury on account of the interest due on the
Russian loan in Holland, in January last, when the obligation and
authority to make such payment had, according to the terms of the
convention with Holland and Russia, and of the act of parliament founded
thereon, ceased and determined, and also when a new convention with
Russia, not then communicated to this house, had been entered into,
recognising the necessity of recurring to parliament for power to
continue such payments under the circumstances which had attended the
separation which had taken place, was an application of the public
money not warranted by law.” Ministers still argued the question on the
ground, whether this country was bound in good faith to continue the
payments? if we were, they said, this convention was only to fulfil that
duty. But the strongest argument in their favour was that adduced by
Lord Althorp, which was to the effect, that, if his motion were lost,
it would upset the ministry. As the reform bill was still pending, many
voted for, who would have voted against them; and, on a division, the
amendment was lost by forty-six—one hundred and ninety-seven voting for
it, and two hundred and forty-three against it. During the progress of
the bill, founded on the motion, Mr. A. Baring moved an address to the
king, “praying his majesty to be graciously pleased to direct that there
be laid before that house copies or extracts of any documents relating
to the convention of the 19th of May, 1815, between Great Britain,
Russia, and the Netherlands, explanatory of the spirit and objects of
that convention;” but this motion was lost by a majority of thirty-six in
favour of ministers. On this occasion Mr. Hume voted for them, although,
he said, he knew they were in the wrong. He had come down to the house
on the 12th of July, he said, with a firm determination to vote against
them; but when he found by whom he was surrounded, he was unwilling to
join them in driving ministers from office. He had changed his opinion,
and would vote with the Whigs against the Tories, although he believed
the Whigs were in the wrong. But the fact was, he was determined not
to assist in turning out ministers until they had completed the great
measure of reform. A great deal remained to be done, and he wanted to
see a new election take place; he was determined, therefore, to support
ministers. The conduct of Mr. Hume was followed generally by the
liberal party, and this policy of the extreme sections of liberals alone
preserved ministers in office. Another interesting subject was brought
before the house by Mr. Lytton Bulwer, relating to the Germanic states.
He moved for “an address to the king, requesting his majesty to exert
his influence with the diet in opposition to the course which that body
was then pursuing.” In making this motion, Mr. Bulwer traced an outline
of the political history of the Germanic confederacy, from its free
government to its termination with the victories of Austerlitz and Jena,
when the principle of aggrandizing the larger states at the expense of
the smaller was first avowed and practised. He said that the defeat
of Napoleon in his Russian campaign gave to Germany the opportunity of
casting off a yoke which had been reluctantly borne. Russia and Prussia
then appealed to her former free constitutions, the restoration of which
was distinctly promised, when the Germanic states rose _en masse_; and
the battle of Leipsic, with the downfall of the French power, speedily
followed. By the second article of the congress of Vienna, he continued,
the promises of Russia and Prussia were respected, and the rights of
every class in the nation were solemnly guaranteed, the only state
disagreeing being Wurtemburg. The late protocol of the diet, however,
had for its object the rendering of the representative bodies of the
several states useless, by relieving their despotic princes from every
embarrassment which an efficient control by such assemblies might
create, and to protect Austria and Prussia against the influential
example of popular institutions. The sovereigns of these two states, he
said, are willing to give just so much constitutional liberty to Germany
as will not allow its writers to write, its professors to teach, its
chambers to vote taxes, make speeches, or propose resolutions; whilst
every state should be so inviolate, so independent, that, with or
without the invitation of its sovereign, a deputation of Austrian or
Prussian hussars may be sent to keep it in order! The question was,
therefore, was it politic for England, under such circumstances, to
interfere? Our situation, he said, rendered it incumbent on us to
express an opinion, at least, in favour of the German people, or we
must be thought to take part with their rulers. He could not recommend
a foolish and hasty interference with foreign states, yet he could not
consent that England should be a cipher in the political combinations of
Europe, looking with indifference on the continent, as though no changes
could affect her interests. And if there was any one thing more than
another which immediately affected British interests, he thought it was
the fate of Germany. Unite that country under a good government, and it
would be at once a check on the aggrandisement of France and ambition of
Russia. Mr. Bulwer concluded with his motion for the address; but Lord
Palmerston dissented from his opinions, and was willing to believe that
the government alluded to would not be so impolitic as to put down free
constitutions. The motion was therefore negatived.
During this year Greece was involved in absolute anarchy. After the
assassination of Capo d’Istrias it was left without a government, and
although Augustine, brother of the murdered president, concocted a
provisional government, and placed himself at the head, the refractory
chiefs could not brook his authority, and began to act for themselves.
A national assembly met at Argos in the middle of December, 1831; but
it was not more successful in restoring obedience and tranquillity.
Everywhere there was confusion and bloodshed, as in the days of the
ancients. The national assembly of Argos was overthrown, and every
chief ruled despotic in the small district which he was strong enough to
occupy. In the meantime the courts of Britain, France, and Russia were
occupied in selecting a king who might reduce the country to order more
easily and effectually than they could do by protocols and despatches.
Their choice fell on Otho, son of the King of Bavaria; and his majesty
having accepted the crown on behalf of his son, the conditions were
fixed by a treaty, concluded in May, between him and the sovereigns of
England, France, and Russia. The territory to be comprehended in the
new state was to be somewhat larger than when its sovereignty had been
offered to Leopold; and the King of Bavaria was to send along with his
son an army of 36,000 men, to be supported entirely at the expense of
the country. It might have been expected that the Greeks would have been
averse to the rule of a foreign monarch, attended by foreign troops, and
professing a different religion to themselves. The assembly of Napoli,
however, as soon as they had been informed of the conclusion of the
treaty, dispatched an address to the King of Bavaria, praying him to
hasten the arrival of their monarch. The address was followed by a
deputation, which was received at Munich with marks of royal favour, and
which had been commissioned to assure their future sovereign of their
good will and ready submission to his rule. The young monarch quitted
Munich for Greece on the 6th of December, proceeding by the way of
Naples, Otranto, and Brindisi, to Corfu, where he was to be met by the
army intended to support his newly-erected throne. He made his entrance
into Napoli on the 5th of February, 1833; and the regency appointed
for the duration of his minority—for he was a minor—replaced the
provisional government.
CHAPTER XLIII.
{WILLIAM IV. 1832–1833}
_Meeting of Parliament; Reelection of Mr. Manners Sutton as
Speaker..... . Opening of the Reformed Parliament by the
King in person..... Case of Mr. Pease..... Irish Coercion
Bill..... Irish Church Bill..... Irish Tithe Bill.....
Financial Statements..... Bank of England Charter
renewed..... . East India Question..... Abolition of Slavery
in the Colonies..... Factory Bill..... The Corn Laws.....
Resolutions against Bribery, &c. Bill to Remove the
Civil Disabilities of Jews..... Prorogation of
Parliament..... Foreign Affairs_
MEETING OF PARLIAMENT—RE-ELECTION OF MR. MANNERS SUTTON AS SPEAKER.
{A.D. 1833}
The first reformed parliament was opened by commission on the 29th of
January. The first business of the commons was to elect a speaker. Mr.
Manners Sutton had not been advanced to the peerage, although such a
mark of honour is usually bestowed on those who have filled the chair
for so long a period, and with such distinguished applause. At the
general election he had been returned one of the members for the
university of Cambridge; and ministers having obtained his consent to
put him in nomination, resolved to support his re-election as chairman.
This intention was not concealed; and on the meeting of parliament Mr.
Hume moved that Mr. Littleton, one of the members for Staffordshire,
should take the chair. The Radicals, of whom Mr. Hume was one of the
leaders, took this step on the score of Mr. Manners Sutton’s politics,
considering it a matter of the greatest importance that the speaker
should concur generally in the political sentiments entertained by a
majority of members. Mr. Hume’s motion was seconded by Mr. O’Connell,
who denounced the intention of government as “another instance of the
paltry truckling of the present administration.” On the other side, Lord
Morpeth moved, and Sir Francis Burdett seconded the motion, that Mr.
Manners Sutton should take the chair. In doing so, they insisted on the
admitted fact of his superior qualification, as well as the candid
and impartial conduct which he had observed during the late political
struggles. Mr. Littleton himself requested Mr. Hume to withdraw
his motion; but that gentleman declined to do so. Seeing the house
universally in the favour of Mr. Manners Sutton, the Radicals now
chiefly confined themselves to the question of the pension. The attorney
and solicitor-general argued that there was no feasible ground for these
objections, and asserted that he would have no claim to his retiring
annuity. By act of parliament, any speaker was entitled to his salary
till a successor was elected, and Mr. Manners Sutton, being thus
entitled to his salary, he could have no claim for a pension. On a
division, Mr. Manners Sutton was re-elected by a majority of two hundred
and forty-one against thirty-one.
OPENING OF THE REFORMED PARLIAMENT BY THE KING IN PERSON.
The first session of the new parliament was opened by the king in
person, on the 5th of February. His speech on this occasion took a
comprehensive view of our foreign and domestic relations, in which the
affairs of Holland, the approaching termination of the charters of the
Bank and the East India Company, the temporalities of the church, and
the state of Ireland, were prominently introduced.
In the house of lords the address was voted almost unanimously, a slight
discussion only being elicited by the sentiments of Lord Aberdeen and
the Duke of Wellington, against the foreign policy of government, and
especially that regarding Portugal and Holland. Such harmony, however,
did not exist in the commons. A part of the speech which pointed at the
adoption of extraordinary measures to suppress insubordination, excited
violent indignation among a large portion of the Irish members.
Mr. O’Connell denounced the address as “bloody, brutal, and
unconstitutional.” He concluded by moving an amendment, that the house
do now resolve itself into a committee of the whole house to consider of
the address to his majesty. Mr. Stanley replied in a speech of caustic
severity, which the agitators of Ireland have never forgotten or
forgiven. He argued that coercion was necessary; that crime could not
be put down in Ireland but by the strong arm of the law. Colonel Davis
considered Mr. Stanley’s speech as an insult to Ireland, and as proving
that he was totally unfit for office. He was opposed to the repeal of
the union; but unless justice were dealt out to Ireland by measures
of relief being proposed, he would vote against the coercive policy
contemplated by government. Mr. Roebuck expressed himself to the same
effect: he would not join with ministers in doing what must produce a
civil war in Ireland: if they did not take care, they would find the
people rise up in such terrible array that they would not know where to
turn. Lord Althorp declared that it was the intention of ministers to
remove every grievance they possibly could; but, he asked, was it not
a grievance that, in Ireland, life and property were not secure—that
murder, burglary, and arson should exist in every part of that country?
If it was their duty to remove grievances, ought they not to remove this
grievance also? The debate was continued by adjournment on the three
following days; the general strain of the arguments adduced coinciding
with those expressed on the first day of the debate. The opposition
to the address was chiefly conducted by Irish members, although
they received likewise the support of Messrs. Hume, Cobbett, Bulwer,
Tennyson, and Clay. Mr. Bulwer told ministers that the independent
representatives of the people in that house, three hundred in number,
were allied to no old party, and attached to no superstitious observance
of Whig names; and that these members could not, night after night, hear
grievances stated by the Irish members, which, received no other answers
except demands for soldiery, without dropping off in serious defection
from the ministerial majority. Mr. Tennyson said, that he had no doubt
of the good intention of ministers; but he could not approve of their
conduct in pressing the house to adopt the address. At the same time
he could not support the amendment of Mr. O’Connell, and he therefore
proposed another to this effect:—“That the house should declare its
readiness to sanction such measures for restoring social order in
Ireland, as might appear, on mature deliberation and inquiry, necessary,
and to entrust his majesty’s official servants with additional power for
that purpose, and to employ its best energies to the putting an end to
the disturbances which affect that country; that, while the house would
give a willing ear and earnest attention to the complaints and petitions
of the Irish people, with the view to promoting an efficient remedy, it
was prepared to resist by every means in its power all lawless attempts
to effect a repeal of the legislative union between the two countries.”
Mr. Macaulay taunted Mr. O’Connell with not having ventured to bring
the question of repeal before the house. He asked, what was meant by the
watchword of repeal of the union between Great Britain and Ireland. If
those who used it meant a complete separation, or a species of Hibernian
republic, their conduct was both comprehensible and consistent; but if,
as they asserted, they only meant two separate independent legislatures,
under the same monarch, the motion was inconsistent with the first
principles of the science of government. After having shown this
inconsistency by a chain of conclusive reasoning, he said, that he
admitted Ireland had grievances to remove; but, he asked, was he in the
meantime to see the law outraged and despised by a misguided multitude?
Talk of the distribution of church property in a country where no
property was respected! and be told that to enforce the laws against the
robber, the murderer, and the incendiary, was to drive an injured people
into civil war! Did those who talked thus wildly recollect that sixty
murders, or attempts at murder, and six hundred burglaries, or attempts
at burglary, were committed in one county alone, in the space of a few
weeks? This was worse than civil war. He would rather live in the midst
of many civil wars he had read of, than in some parts of Ireland. Civil
war had commenced, and if not checked, it would end in the ruin of the
empire. Mr. Shiel, in reference to repeal, entrenched himself behind
quotations from speeches delivered by Lord Grey at the time of the
union, in which he predicted that it would only lead to distress,
suspicion, and resentment, and that the people of Ireland would seek an
opportunity of recovering rights which they would believe to have been
wrested from them by force. The interest of the debate ended with Mr.
Shiel’s speech, although addresses were subsequently made by Mr. Grant,
Mr. Hume, and Sir Robert Peel. On a division, Mr. O’Connell’s amendment
was lost by a majority of four hundred and twenty-eight against forty;
and Mr. Tennyson’s, by three hundred and ninety-three against sixty. On
the bringing up of the report, Mr. Cobbett moved that the whole of the
address should be rejected, and that another which he had concocted
should be adopted. This crude amendment was negatived by an overwhelming
majority: only twenty-three in a full house voted for it.
CASE OF MR. PEASE.
During the general election, the southern division of the county of
Durham had returned Mr. Pease, a gentleman who belonged to the Society
of Friends. On the 9th of February, when he appeared to be sworn in,
as a Friend he refused to take an oath, but offered to give his
solemn affirmation. He was desired by the speaker to withdraw, as no
affirmation could be made without the sanction of the house. A committee
was appointed, on the motion of Lord Althorp, to report what precedents
were to be found on the journals, and what was the state of the law in
regard to Friends being allowed to substitute affirmation for oath. The
report of this committee was taken into consideration on the 14th, and
its chairman, Mr. Wynn, moved that Mr. Pease was, on making his solemn
affirmation, entitled to take his seat, without taking those oaths which
were demanded from the other members of the house. Mr. Wynn stated, at
great length, the reasons which induced him to make this motion, and the
solicitor-general agreed in his views. It was quite clear, the latter
said, that at the time of passing the 7th and 8th William III., Friends
could not sit in parliament, having been excluded, along with all other
dissenters, by the 30th Charles II.; but under the act of William they
would have been admissible, if its provisions, as they ought to have
been, had been construed liberally. At all events, the act of George
II. removed every doubt: it was evident that the legislature, in passing
that act, intended to put Friends on the same footing in England with
all other dissenters, except Catholics; such being the case, the
act ought to be construed in accordance with the intention of the
legislature in passing it. The motion to allow Mr. Pease to make his
solemn affirmation in place of the usual oath was agreed to unanimously.
IRISH COERCION BILL.
On the 15th of February, Earl Grey introduced into the house of lords
a bill for the suppression of disturbances in Ireland. In doing so,
his lordship related the evils which called for such a measure, clearly
showing that it was necessary. In explaining the provisions by which
ministers proposed to meet the evils, he said, that the bill combined
many provisions of the several laws that had been passed both in the
Irish and English parliament for the repression of such outrages as he
had related, with such alterations as circumstances seemed to require.
Provision was made for proclaiming districts in a state of disturbance;
and it was provided that courts should be appointed in which offences
connected with such districts were to be tried. It was also provided
that persons prosecuted under this act should be obliged to plead
forthwith, as in cases of felony, and not be permitted to delay their
trial. By the bill the lord-lieutenant was to be empowered, on due
information, to proclaim any district to be in a disturbed state.
All persons were to be warned to abstain from seditious and illegal
meetings; and no one was to be absent from their houses after sunset
until sunrise, unless they could give good reason for their being
abroad, under the penalty of being found guilty of a misdemeanour.
Another provision was, that meetings for the purpose of petitioning
parliament, or for discussing grievances, should not be held without
giving ten days’ notice to the lord-lieutenant, or without his sanction.
It was further thought advisable that proclaimed districts should, to a
certain extent, be subjected to martial law. Military courts were to
be formed for the trial of all offences under this act, with power
to pronounce sentence as definitively as any commission of oyer and
terminer. The lord-lieutenant was to have the power for the appointment
of courts-martial; and it was provided that courts-martial should not
consist of more than nine gentlemen nor less than five. It was further
provided, that no officer under twenty-one years of age, or who had
held his commission for less than two years, should act on such
courts-martial; and that the said courts-martial should not have the
power of trying for any offence to which a felonious punishment was
attached, except by special direction of the lord-lieutenant; and that,
in that case, they should only pronounce sentence of transportation,
either for seven years or for life. It was made imperative that
a serjeant-at-law or a king’s counsel should sit to assist in the
judgment. A clause was likewise introduced to shield officers who had.
acted on courts-martial under this act from future prosecution: any
complaints made against them on account of their proceedings at any
court-martial were to be inquired into by a court-martial to be called
for that purpose. The bill further gave power to enter houses in
search of arms; and persons refusing to produce them were subjected to
punishment. It was also made a misdemeanour to disperse seditious papers
in a proclaimed district; with a provision that, if the persons actually
dispersing them gave up his employer, the former should be discharged.
Finally, it was to be enacted, that when an individual arrested under
this bill sued out a writ of _habeas corpus_ within three calendar
months after his arrest, it should be a sufficient return to the writ,
that the person so detained was kept in custody on a charge of offence
perpetrated in a proclaimed district; at the same time it was provided
that every person arrested should be brought to trial within three
calendar months, or should be discharged. This bill was carried in the
lords without opposition; some slight amendments being adopted in the
committee with reference to the constitution, the powers, and the mode
of procedure of the courts-martial. The bill, however, had to encounter
a stormy course in the commons. On its appearance there on the 22nd, the
first reading was postponed till the 27th, and Mr. O’Connell gave notice
that he would move a call of the house for that day, and would repeat
the call whenever he perceived any relaxation of its effects, so long as
the bill was before them. He taunted ministers with the delay, which he
insinuated was interposed to their remedial measures, and reminded them
there was another house of parliament through which they might find it
impossible to carry redress of grievances, whatever was the unanimity
with which it enacted measures of coercion: “a house where any proposal
springing from malignant hatred of Ireland was sure to pass.” Mr.
Stanley denied that there was any necessity for remedial and repressive
measures going on together; but at the same time he declared that
if ministers found themselves unable to carry both they would resign
office. On the 27th, the house having been called over, Lord Althorp
moved the first reading of the bill. Ministers, he said, had waited
to the last, to ascertain what order could be restored by the ordinary
administration of the laws; and after relating at length the evils
which afflicted Ireland—telling-many a tale of murder committed with
impunity, even in broad daylight—he explained the provisions of the
bill concocted to repress them. In conclusion, he asserted that the bill
had no reference to the collection of tithes, as some had hinted, or any
other individual purpose, except the maintenance of social order. The
motion was met by an amendment from Mr. Tennyson, that the bill should
be read a second time that day fortnight: his object being, as he
stated, to give government an opportunity, whether in a select committee
or otherwise, to satisfy the house that the dangers which had been
stated really existed, and that there were no other means of effectually
checking them. The amendment was supported by Messrs. Bulwer and Grote,
the former of whom was averse to coercion in any shape, and contended
that it would only produce mischief. Mr. Grote admitted that good
grounds had been stated why the hands of justice should be strengthened,
but he objected very strongly to courts-martial being employed in the
administration of justice. To him it appeared that it would be much
better if, instead of creating these courts-martial, the bill had
granted more extensive, prompt, and efficient powers to the civil
courts. Mr. Stanley, in reply to Mr. Grote, said it was true that the
committee of last year had recommended a tribunal consisting of the
magistrates of the neighbourhood sitting at quarter-sessions, and having
power to sit by adjournment from time to time, till tranquillity was
restored. He contended, however, that it would be a most objectionable
thing to confide the administration of such a law to the local
magistracy. The debate was continued up to the 5th of March, the Irish
members threatening to have recourse to repeated motions of adjournment
if any attempt was made to close the discussion prematurely. The
opposition was composed of those who considered that the bill ought to
be resisted altogether, as well as of those who thought that delay, as
involved in the amendment, should be conceded. The members who opposed
it were Messrs. O’Connell, Shiel, O’Connor, Baldwin, Barron, O’Dwyer,
and Ruthven, among the Irish members; and Messrs. Romilly and Harvey,
with Majors Beauclerk and Fancourt, among the English members. On the
other hand, the necessity and efficacy of the bill were maintained by
Lord John Russell, Sir R. Peel, and Mr. Macaulay, with other English
members; and by Messrs. Carew, Tennent, and Lefroy, Lords Castlereagh
and Acheson, and Sirs R. Bateson and C. Coote, among the Irish members.
The opposition contended that no necessity for the bill had been made
out to any extent, much less to the effect of utterly destroying the
constitution over the whole of Ireland; that the “prædial agitation”
had no connection with political agitation, and did not require any
measure like this to put it down; and that the true cause of these
disturbances was the refusal of ministers to abolish tithes, and the
true object of it to prevent all expression of public sentiment in
Ireland against their faithlessness and misgovernment. Those who
supported the bill contended, on the other hand, that not only were the
existing outrages such as to require extraordinary measures contrary
to the constitution, and that when this necessity for overstepping the
constitution once existed, it was safer to err on the side of vigour
than to run the risk of a half-measure; but that it was likewise proved
that this “prædial agitation,” as it was called by the repealers, was
closely connected with the political agitation; the principle of both
was intimidation. Sir Robert Peel admitted that the measure was one of
intolerable severity if there was not a paramount necessity for it; but
he denied that it was a suspension of the British constitution. As for
the amendment proposing delay, Sir Robert said that he could not listen
to it for one moment; the necessity for the measure was urgent. What
could be answered to the astounding fact that in one year and in one
province there had been one hundred and ninety-six murders and attempts
at murder, one hundred and ninety-four burnings, one thousand eight
hundred and twenty-seven burglaries and attacks on houses? How could the
state of society be worse! and how could the people of Ireland be better
off by persevering in maintaining the existing law! One hundred and
ninety-six murders! Why, great battles had been fought, and great
victories achieved by this country at a less expense of human blood.
The battle of St. Vincent had been gained at less cost of life; the
sanguinary bombardment of Algiers had caused less loss of life; and we
had rolled back the impetuous tide of French exultation at the battle of
Busaco with less loss of life. There was something animating in the idea
of a battle; but what horrid recollections haunted the mind which
had witnessed a murder! The debate was closed by Mr. O’Connell,
who, smarting under the severe remarks made by some of the speakers,
delivered a speech of remarkable energy. Ministers, he said, after
combating at length the principles of the measures, had done their best
by enforcing the tithe act; it was not their fault that the case was not
worse. As for the attacks made upon himself he cared nothing for them
personally; but the wrongs of his country were mixed up with them. Why,
he asked, did they not pass an act to banish him? That would be fair
and manly, and he would consent to it; but let them not banish the
constitution from Ireland. He stood in a reformed parliament, in
the midst of the representatives of the great and glorious people of
England, who, disguise it as they might, were about to legislate against
a single individual. What mighty work! He felt compassion for them. On
a division, the first reading of the bill was carried by a majority
of four hundred and sixty-six to eighty-nine. This was a preponderance
which seemed to promise an easy passage through its other stages,
especially as the discussion which is generally elicited at the second
reading took place on the first reading. When, however, the order of the
day for the second reading was moved, Mr. Hume opposed it in a violent
speech, denouncing the apostasy of ministers: they had forgotten, he
said, and violated the principles of which they had been the noisy
advocates for twenty-five years, and to which advocacy they were wholly
indebted for their political reputation and power. He warned them
against “the wickedness of their proceedings,” and called on them to
pause in their rash career. He moved as an amendment:—“That the house
deeply laments the disturbed state of some of the districts in Ireland,
and is willing to entrust to his majesty whatever powers may be
necessary to control and punish the disturbers of the public peace, and
the midnight violators of the law; but is of opinion that it has not
been satisfactorily shown that the existing laws are not sufficient for
these purposes, and it cannot, therefore, give its consent to a bill
which places Ireland out of the pale of the British constitution.”
Alderman Wood seconded this resolution; but, on a division which took
place on the 11th, the second reading being put off on some matter of
form to that day, the amendment was rejected, and the second reading
carried by three hundred and sixty-three against eighty-four. But
notwithstanding this overwhelming majority, the progress of the bill
through the committee on the 13th, 15th, 18th, 19th, and 22nd of
March was a series of conflicts. On the 13th Mr. O’Connell moved an
instruction to the committee to “preserve inviolate and effectual
the undoubted right of his majesty’s subjects in Ireland peaceably to
propose, prepare, and present petitions for redressing grievances to his
majesty, and to both houses of parliament.” This, he said, would still
leave hope to his country. This proposition was rejected by one hundred
and twenty-five against sixty-three; and in the committee Mr. O’Connell
moved several amendments, which were likewise negatived. In the
committee ministers themselves inserted a provision by which, even in
proclaimed districts, offences purely political were withdrawn from the
cognizance of the military tribunals, and left to be dealt with by
the ordinary civil jurisdiction. Ministers, also, of their own accord,
omitted, in the clause giving powers to search, arrest, and detain for
trial in proclaimed districts, the provision which gave this power
to “such other persons as the said lord-lieutenant shall think fit
to authorize in that behalf.” Divisions took place on the clauses
establishing the courts-martial, suspending the Habeas Corpus Act,
and protecting those who should act under the bill: but these were all
carried by large majorities. The bill finally passed on the 23rd of
March, and was immediately sent back to the peers for their concurrence
in the alterations which had been made in the commons. Their lordships
took these into consideration on the 1st of April; and though much
dissatisfaction was expressed by the peers with the amendments, and
especially with a proviso inserted in one of the clauses, that no
district should be proclaimed because tithes were not paid in it, the
bill was finally passed. The effect of the bill was such as was
desired. On the 10th of April the lord-lieutenant issued a proclamation
suppressing the association of volunteers, after which he applied the
provisions of the act to the county of Kilkenny with the best effect. It
soon appeared, indeed, that the list of outrageous offenders against the
laws decreased throughout the country. The discussions on the coercion
act had produced many personal conflicts in debate between Mr. O’Connell
and the Irish secretary. O’Connell seemed to regard Mr. Stanley with
bitter hostility, arising partly from the vigour with which he repelled
the attack of the repealers, and from the supposition that he was
not disposed to give up any of the revenues of the Irish church. Mr.
Stanley, however, now retired from the battle by accepting the more
tranquil office of colonial secretary, which had become vacant by
Viscount Goderich being made lord-privy-seal, and advanced a step in the
peerage by becoming Earl of Papon. Sir John Cam Hobhouse succeeded Mr.
Stanley as Irish secretary.
IRISH CHURCH BILL.
{WILLIAM IV. 1832–1833}
While carrying on their measures for tranquillizing Ireland, ministers
had uniformly admitted that grievances existed in Ireland which ought
to be redressed. They had also declared their readiness to propose
expedients for that purpose. At the head of these grievances, the Irish
established church had always been placed, it standing in the peculiar
predicament of possessing large revenues, whilst a majority of the
people belonged to a faith, the clergy of which had once been the
possessors of that opulence. The object of the repealers was to diminish
these revenues, while they disclaimed any wish of seeing them bestowed
on their own clergy. There were others, at the same time, and those
not Irishmen, who, regarding every religious establishment as an evil,
considered the property of the church as a fund which might be seized
for what they denominated the purposes of the state. It was with this
subject that government next dwelt, and in doing so they adopted a
middle course—conceding much, but not conceding all that was required
of them. The measures which they intended to pursue were unfolded in the
commons by Lord Althorp, on the 12th of February. It appeared from his
statement that the total revenues of the Irish church were found not to
exceed £800,000 per annum. On these funds, he said, it was the intention
of ministers, after abolishing first-fruits, to impose a tax varying
from five to fifteen per cent. This tax, however, was not to be imposed
on clergymen whose livings were under £200 per annum. The larger
revenues of the primates, he said, were to be reduced respectively to
the amounts of £10,000 and £8000 per annum. The sum thus collected was
to be applied under commissioners to the abolition of church-cess; the
augmentation of poor livings and building of glebe-houses; the division
of unions, and the erection of churches. With respect to the offices of
deans and chapters, it was proposed, wherever they were unconnected with
the cure of souls, to abolish them altogether, or to unite them to such
cure; and with regard to livings, where no duty had been done for the
last three years, it was further proposed to suspend the appointment of
ministers at the discretion of the commissioners. Ten bishoprics were
to be abolished, and the vacated sees were to be annexed to those
preserved. With reference to the lands attached to bishoprics the
chancellor of the exchequer laid down this principle, namely, that if
by the act of parliament to be introduced any new value was given to
benefices, that new value not belonging properly to the church might be
appropriated to the exigencies of the state. He believed, he said, that
£500,000 per annum was the value of all Irish episcopal lands to
the lessees or tenants, though the bishops did not receive more than
£100,000. By a different mode of granting leases, his lordship showed
that a sum of near £3,000,000 might be acquired for the state without
any diminution of income to the bishops. His lordship concluded by
moving for leave to bring in a bill to alter and amend the laws relating
to the established church in Ireland. The plan thus unfolded by
Lord Althorp was calculated to produce hostility from two opposite
quarters,—from the conservative opposition, who thought its principles
destructive to the Irish church; and from the economists, repealers, and
radicals, who thought that it left too much of the church untouched.
At the same time it was clear that these different kinds of opposition
would not endanger the success of the bill in the commons, as ministers
were sure of being joined by one of the parties in resisting any
amendment proposed by the other. Moreover, most of the Irish members
approved of tire plan so far as it went, although Mr. O’Connell
denounced the estimate of the Irish church revenues as “a base
delusion,” and the design of government as one which tended to “relieve
no grievance except church-cess, not even suspending the war against the
poor man’s pig and tenth potato.”
Leave was given to bring in the bill; but it was not brought in before
the 1st of March. It was read a first time on the same evening; but the
proposal to take the second reading on the 13th was successfully opposed
by Sir Robert Peel, Sir R. Inglis, and others, ministers consenting to
let it stand for the 14th. On the 14th, when the motion was made for
reading the order of the day, Mr. C. Wynn objected that the bill was a
tax-bill, and therefore could originate only in a committee of the whole
house. This view was combated by Lord Althorp, Mr. Stanley, and the
solicitor-general; and supported by Sir Robert Peel, and Messrs.
Goulburn and others. The objection was so strong that Lord Althorp found
himself under the necessity of discharging the order for the second
reading; and, on the suggestion of Sir R. Peel, a select committee was
appointed to search for precedents, and report its opinion whether the
bill should, according to the rules and orders of the house, originate
in a committee of the whole house. This committee reported that the bill
was a tax-bill; and in consequence of this decision Lord Althorp, on the
1st of April, moved three resolutions with reference to the Irish church
in a committee of the whole house. These resolutions having been agreed
to, the bill relating thereto, which was a counterpart of the former,
was read a first time. The second reading was fixed for the 6th of May,
on which day Mr. Shaw met the motion with an amendment that it should be
read that day six months. He opposed the bill, he said, because it
would violate the rights of property, and because it tended to lower the
character of the clergy. If property so fenced by acts of parliament,
as church property was, could be assailed, he asked, what species of
property could be safe? He admitted that it was desirable to change
the system of church-cess; the Irish clergy themselves would not
have objected to a proper remedy for this; but he would have sought a
substitute for it in the reduction of the incomes of the bishops, and
not in the diminution of their number. The amendment was seconded by Mr.
Estcourt, one of the members for the University of Oxford, who thought
that where the principles of the bill were not mischievous, as involving
the first example of a confiscation of property, they were fallacious
in the results which it was promised they would produce. Sir Robert
Peel said that he approved of many parts of the bill—as that part which
required that the spiritual duties of the clergy should be personally
discharged, and of that which provided for the abolition of the
church-cess. At the same time there were other parts of the bill, he
said, which he disliked. Lord Althorp and Messrs. Stanley and Grant
maintained that there was no ground for denying the right of parliament
to interfere with the church property; and argued with regard to the
diminution in the number of bishops, that the bill did not suppress
bishoprics, but only consolidated them. The second reading of the bill
was carried by three hundred and seventeen to seventy-eight. Before
the house went into committee, Mr. Gillon moved an instruction to the
committee, that the bill should contain certain provisions for resuming
all the temporalities of the Irish church, and applying them after the
demise of the present incumbents to purposes of general utility; but
this motion was at once negatived. The reduction of the number of
bishops was strongly opposed by the committee; but the clause was
nevertheless carried. The most important discussion arose on that part
of the measure which took £3,000,000 from the church to apply it to
state purposes. Both the conservative and radical party were opposed to
this; and though there could be no doubt that ministers would be able to
carry the clause through the commons, they had ascertained that it would
certainly be rejected by the lords. On these grounds, when the house
came to that clause, Mr. Stanley moved that it should be omitted. He
remarked:—“I am well aware that a strong feeling exists against the
alienation of church property, and therefore I propose that the
sum alluded to should be paid into, the hands of the ecclesiastical
commissioners, to be applied to the same purposes as the other with
which they are entrusted.” Mr. O’Connell immediately attacked government
in a strain of unmeasured reproach. Many other members also contended
that ministers, by relinquishing this cause, had degraded themselves
in the eyes of the country, and that, if the house was to have tory
measures, it ought to have them under a tory ministry. But although many
of the supporters of the ministers deserted them from this cause, yet
the omission of the clause was carried by a majority of two hundred and
eighty against one hundred and forty-eight. In the committee, also,
it was agreed that beneficed clergymen in present possession of their
livings were to be exempted from the graduated tax: it was only to
affect their successors. On the third reading of the bill, Mr. Shiel
moved the insertion in the preamble of the following words:—“That
whereas the property in the possession of the established church of
Ireland is under the control of the legislature, and is applicable to
such purposes as may be deemed most fitting for the best interests
of the community at large, due regard being paid to the rights of all
parties interested.” A long discussion took place on this motion, in
which old arguments were repeated, and on a division it was rejected.
The bill was read a third time on the 8th of July, by a majority of two
hundred and ninety-seven against ninety-four.