The settlement of the civil list left ministers at liberty to move the

immediate adjournment of the house. Before they separated, however,

news arrived of a revolt in Canada. On the 22nd of December, Lord John

Russell rose to move the order of the day, for the house to resolve

itself into a committee of supply, and at the same time took occasion to

state that, although no measures could be taken by the house with regard

to Canada, he nevertheless did not consider himself justified, in the

actual condition of that province, to move the adjournment of the house

beyond the 16th of January. The present state of affairs was this: the

assembly having been convened to consider the resolutions passed

in parliament, had been adjourned on their refusal to entertain the

supplies, or to proceed to business. Despatches, subsequently received

from Lord Gosford, showed that the intention was not to seek redress by

means of that assembly, but to extort it by violence from her majesty’s

government. In this state of things Lord Gosford had tendered his

resignation, which had been accepted, and the administration of

affairs entrusted to Sir John Colborne, in whose judgment and abilities

government felt the highest confidence. They had declared to that

officer that, though they were reluctant to resort to means of extreme

severity, yet, nevertheless, if he found it necessary to proclaim

martial law in the province, they would take upon themselves the

responsibility. Accounts of open disturbance had been recently received;

and there was reason to believe that a collision had taken place between

her majesty’s troops and persons in arms for treasonable purposes. He

thought that government had done their duty in the measures they had

taken. On the morrow he purposed to produce such details from Lord

Gosford’s despatches as might be communicated without injury to the

public service, and would call upon parliament, in January, for such

measures as the exigency of the case might demand. Mr. Leader applauded

the resort of the Canadians to arms, and derided as desperate every

effort of the government to put them down; their cause was considered

a common one by all our North American colonies. Sir William Molesworth

and Messrs. Grote and Warburton all expressed their sympathy for the

Canadian insurgents, and augured their success. A discussion ensued,

in which the Radical leaders denounced the mother country in terms as

strong as any employed by the leaders of the Canadian insurgents. Mr.

Warburton advocated the separation of the colony from the empire. Mr.

Gladstone maintained a just view of the dispute between the colony and

the mother country, but so mystified his arguments by useless subtleties

and verbosity, that the speech failed to produce an effect corresponding

to its substantial merits. Mr. Leader boldly expressed his complacency

in the dismemberment of the empire, and the speech of the hon. member

was denounced by Mr. George F. Young as disloyal. Sir George Grey made

a sensible speech, expository of the true condition of Canadian affairs.

Mr. Maclean exposed and denounced the conduct of Mr. Papineau, the

leader of the French Canadian insurgent party. Lord John Russell

delivered a speech sound and statesman-like, which completely “carried

the house with the government.” As usual when ministers were at issue

with their Radical supporters, the Conservative party took no prominent

share in the debate. On the following day both houses of parliament

adjourned to the 16th of January.

STATE OF THE CONTINENT.

War still continued in Spain. At the close of the last year the troops

of the queen had succeeded in the relief of Bilboa, an event which had

the effect of giving rise to dissensions among the Carlists. After this

event, many weeks were spent by the Christino commanders in concerting

a combined movement upon the Carlist lines in Guipuscoa. An attack was

made upon them by General Evans on the 15th of March. His forces were

collected at Loyola, the right of the line being composed of Spaniards,

and the left of the British legion, which amounted to between four and

five thousand men. The attack was at first successful: the Carlists,

having maintained a furious fire, after a five hours’ conflict abandoned

their last defence, and fell back to Hernani. On the following day,

however, matters took a different turn: while the victorious troops were

preparing to descend upon Hernani, on a sudden solid masses of infantry

appeared behind the town, under the command of Don Sebastian. These

troops consisted of ten fresh battalions; and their charge was so

impetuous, that the British legion and the Spanish troops were obliged

to give way. From this time the army of Don Carlos gained courage, and

province after province was invaded by his guerilla chiefs. Still no

decisive event favoured his design upon the Spanish throne. In one grand

point he, however, succeeded, that of annihilating or dispersing the

British legion. Unsupported by the people for whom they fought, many

of them were slain in various engagements of desultory warfare; and

at length those who remained laid clown their arms, and the British

auxiliary legion ceased to exist. Before this event General Evans had

returned to England, disheartened by the want of co-operation in the

Spanish generals. But the year closed, and the Carlists and Christinos

were still arrayed in arms against each other. People of the same nation

and the same blood were seeking each other’s destruction with a deadly

animosity.

In Portugal, also, there were strifes and divisions, and rumours of

intended insurrections. In that country, moreover, the British who had

defended the cause of the queen were ill treated. The unpopularity of

the English increased daily, and the ambition and selfishness of Great

Britain were the constant themes of the popular press. So odious

were our countrymen that the English admiral in the Tagus thought it

necessary to issue the following general order to his captains:—“The

unsettled state of the country, and the differences known lately to have

existed between her most faithful majesty and her present ministers,

as well as the difficult position in which his royal highness Prince

Ferdinand is placed with regard to the Portuguese people, and the great

suspicion with which all foreigners he brought here into his service are

viewed, renders it necessary that the utmost caution, should be observed

by the English residing in Portugal with respect to private interviews

either with her most faithful majesty or her august consort,

that neither the government nor the people may have a pretext for

entertaining any undue impressions of the intentions of England. It is

therefore my most positive orders that you do not yourself call at the

palace, nor permit any officer to do so without my previous sanction.”

The British ambassador sought, though in vain, to obtain justice for

the officers and soldiers who had been in Don Pedro’s service, and whose

claims upon the Portuguese government remained unliquidated. A royal

order appeared, indeed, informing “the foreigners lately in the service

of her most faithful majesty,” that if they were dissatisfied with the

decision of the commissioners to whom their claims stood referred, “the

law was open to them.” This was most unsatisfactory, as the Portuguese

courts of law are notorious for corruption. The privileges of the

British, indeed, ceased to be respected in Portugal, and their claims

were set aside. They were restrained from carrying on retail trades,

which they had hitherto done by virtue of early treaties, and as they

were entitled to do by law. At the same time, disputes were constantly

taking place on the Tagus between the crews of British vessels and the

custom-house officers.

CHAPTER XLIX.

{VICTORIA. 1838—1839}

Parliament reassembles: Debates on Canada; Address to the

Throne moved by Lord John Russell; Bill for suspending; the

Lower Canadian Constitution..... The Question of Election

Committees..... Motion for the Ballot..... Parliamentary

Qualification Bill..... Personal Attacks..... Revival of

Anti-slavery Agitation..... Debates on the Irish Poor-law

Bill: the Bill carried in the Commons..... Motion for the

Repeal of the Appropriation Clause..... Ministerial Plan for

settling the Tithe Question..... Committee of the House of

Commons upon the Irish Municipal Bill; the Bill

rejected..... The Coronation..... Debates in the House of

Commons on the Irish Tithe Question..... The Irish Poor

Law Bill carried in the Lords..... Projected Formation

of a Colony in New Zealand..... Financial Statements.....

Motion for Repeal of the Corn Laws..... Various Improvements

in the Law..... A Select Committee to inquire into the

Operation of the Poor Laws..... Combinations in England and

Ireland..... Debates in Parliament on John Thorn, alias Sir

William Courtenay..... Committee on Church Lands..... Act

for abolishing Pluralities..... The Subject of Education

discussed in both Houses..... The Question of Canada

renewed..... Queen Prorogues Parliament..... Disaffection

among the Working Classes..... Proposed Reduction of the

Rates of Postage..... The State of Ireland..... The Affairs

of Canada..... The State of the Continent.

PARLIAMENT REASSEMBLES—DEBATES ON CANADA—ADDRESS TO THE THRONE

MOVED BY LORD JOHN RUSSELL—BILL FOR SUSPENDING THE LOWER CANADIAN

CONSTITUTION.

{A.D. 1838}

Parliament reassembled on the 16th of January. The first subject brought

under notice was the affairs of Canada. This subject was introduced by

Lord John Russell, who, after recapitulating the principal events that

had occurred since the connexion of that colony with Great Britain

down to the report of the Committee in 1828, took up his ground on that

report, which the assembly of Lower Canada had characterised as

“an imperishable monument to the justice and profound wisdom of the

committee, an authentic testimonial of the reality of their grievances

and of the justice of their complaints, faithfully interpreting their

wishes and their wants.” It might have been supposed, said his lordship,

that after the people and the government of this country had proved

themselves anxious to perform all that was asked for, and that was

indicated by the reports of the committee, the Canadians would have been

not only satisfied, but willing to express their cordiality towards the

British government. The case, however, was the very reverse of this. On

the 6th of December, 1828, the house of assembly resolved, “That on

the permanent settlement before mentioned being effected, it would

be expedient to render the governor, lieutenant-governor, or person

administering the government for the time being, the judges and

executive councillors, independent of the annual vote of that house,

to the extent of their present salaries.” Having adverted to other

resolutions indicative of the growing dissatisfaction of the Canadians,

Lord John Russell proceeded to state what had been done in order to

remedy the grievances set forth in those resolutions. The independence

of the judges was demanded; and Lord Ripon, then colonial-secretary, had

fully concurred in its reasonableness, and had suggested a method for

carrying it into effect. The house of assembly, however, instead

of following out that suggestion, tacked to the law by which the

independence of the judges was to be secured, certain provisions

relating to the hereditary revenues of the crown, and to the

establishment of a court of impeachment for the judges. Then as regarded

the subject on which the widest difference between the assembly and the

imperial government had existed, no opposition had been offered to

the terms of the assembly’s resolutions. The judges were informed,

instantly, that, with the exception of the chief-justice, it was no

longer desirable that they should sit in the legislative council; and

a number of persons were added to that body totally independent of the

crown, and giving a great majority in the council to those who were

unconnected with the government. Of the forty members in the council,

indeed, not less than eighteen were French Canadians: many of the

members of English origin had quitted the province, and but seven

remained in official connexion with the government. Another grievance

related to the crown and clergy reserves; and Lord Ripon had declared

it was time to put an end to the old system; and only differed from the

assembly in wishing to prevent an undue facility from being afforded

to poor and improvident purchasers of waste lands. Concessions had also

been made with reference to the property of the Jesuits, which had

been ordered to be applied to educational purposes; and on the

much-contested, question of the duties collected under the earlier acts,

and which the crown had, according to law, the right of appropriating.

The Canadians, however, made but a poor return for these concessions. In

1833, a supply-bill, containing the most unusual conditions, passed

the house of assembly; and in the following year the assembly adopted a

course which had led to the present difficulties. It passed

ninety-two resolutions, some of grievance, some of eulogy, and some

of vituperation, and amounting in the whole to a long and vehement

remonstrance; and after spending an entire session in framing it, it

separated without having passed any bill of supply. Since that time no

supplies had been voted. The demeanour of the house of assembly in the

following years remained unaltered. At the commencement of his speech,

Lord John Russell proposed a bill to suspend for a certain time the

existing constitution of Lower Canada; and at the same time moved

an address pledging the house to assist her majesty in restoring

tranquillity to her Canadian dominions, His lordship in the course of

his speech gave an outline of the intended bill. Mr. Hume entered

at considerable length into a recapitulation of the past and present

grievances of the Canadians. He laid the blame of all that had passed

upon the government; and said that “it was not the man who shed blood,

but the man who stimulated him to shed it, who was the guilty

party.” Mr. Grote likewise opposed the proposed address. He threw the

responsibility of the failure of the measure which had been taken to

adjust the financial disputes, upon Lord Ripon. Not content, he

said, with advancing a claim to the appropriation of the casual and

territorial revenues to the purposes of civil government without the

consent of the house of assembly, that noble lord had thought fit to

propose to make them over to the clergy; a step which was at once novel

and preposterous, and only embroiled matters still further. Sir Robert

Peel promised his cordial assent to the address, because this country

had acted with justice and liberality towards Canada. He thought that

the military force in the colony should have been immediately increased.

In reply, Lord Howick endeavoured to show that the government was not

culpable in omitting to back their resolutions of the last year with a

military force. He argued that regiments were not necessary to put down

meetings: they could not stop speeches, prevent resolutions, or obtain

juries to convict men for seditious practices. An additional regiment

introduced into Halifax had, in fact, served greatly to increase the

existing discontents. Mr. Charles Buller supported the address: the law

should be vindicated, and the insurgents put down without parley, unless

we were prepared to consent to a separation, and leave Canada to itself.

There was no ground for separation, nor could we with any regard to the

interests of the colony consent to abandon it; but we ought to comply

without delay with all the just demands of the Canadians. Mr. Leader

complained of being taken by surprise; and wished the house to adjourn

for the purpose of giving himself and his friends time to consider what

course they should take, and an opportunity of refuting the “fallacies

contained in the noble lord’s speech.” This was opposed by Lord John

Russell; and on a division the motion for an address was carried by one

hundred and eighty-eight against twenty-eight.

On the following day Lord John Russell brought in his proposed bill

for the suspension of the existing constitution of Canada. Its leading

object was to enable the governor-general and council, on the motion

of the governor, to pass any laws which might be considered necessary,

during the present suspension of the legislature of the province. In

addition to the means for suppressing the insurrection, the bill would

authorise the governor-general to grant a general amnesty. With respect

to the future government of Canada, his lordship said, that it was the

intention of ministers that the governor-general should be invested with

power to convene a certain number of persons; namely, three from

the legislative councils of each of the two provinces, and ten

“representatives” from each, to form a council to concert with the

governor-general as to the measures which might be deemed advisable for

the adjustment of the affairs of the province. The persons to be named

would be chosen by the governor-general, while those who were to be

convened, having a “representative character,” might of course be taken

from the legislative assembly. But as in Lower Canada it was almost

impossible that the assembly would be brought to act beneficially, it

would be competent to the governor-general, both in the upper and lower

province, to hold elections for persons, amounting to twenty in the

whole, to concert with him upon the general state of affairs. Sir Hussey

Vivian said that Mr. Hume had constantly stated in that house that he

anticipated a revolt. No man had a greater right to foretell such

an event. The man Martin had recently foretold the destruction of

Yorkminster; and he had set it on fire to fulfil his prediction. In

that same manner Mr. Hume had taken measures for the fulfilment of

his prophecy. Sir George Grey, the under-secretary for the colonial

department, in reply to some doubts which had been raised by Mr. Hume,

with respect to the loyalty of the other North American colonies, cited

facts to prove that the best possible spirit existed in Nova Scotia and

New-Brunswick. Mr. Grote presented a petition from Mr. Roebuck, praying

that he might be heard at the bar in defence of the house of assembly

of Lower Canada, and in opposition to the ministerial bill. Lord John

Russell thought that the house should be allowed time to consider

precedents; and after some further conversation Mr. Grote gave notice

that he should call the attention of the house to the subject on the

22nd instant.

The subject of Canada was brought before the lords on the 18th by Lord

Glenelg, who moved an appropriate address to the queen. After adverting

to the disturbances in that province, he made reference to the intended

bill. With respect to ulterior arrangements his lordship saw great

difficulties in the way of a legislative union between the two

provinces, but thought that considerable advantage might be made of

a federal union. In conclusion, his lordship defended the conduct of

government in not having provided more troops for the suppression of

the insurrection. Lord Brougham ridiculed Lord Glenelg’s despatches, to

which that noble lord had referred in his speech. The despatches

were certainly the products of a mind inadequately furnished with the

experience and knowledge necessary for the task imposed upon it, but

the honest intentions of the writer were equally apparent, and might

have protected him from the kind of invective to which the noble

logomachist subjected him. The whole speech of Lord Brougham was as

damaging to himself as to the government which he assailed. He pursued

the government with his irony and abuse, not because they fell beneath

him in point of honour or principle, but because they refused him their

confidence as Lord Chancellor, when his indiscretions and bullying

rendered him alike odious to the court and unendurable to the cabinet.

His lordship might fairly be considered as much the “standing counsel”

for the rebellious Canadians in the lords, as Mr. Roebuck was in the

commons. Nevertheless, the denunciations of the government by the

eccentric peer were in the main grounded upon their errors and

vacillation, and these vices in their administration were depicted with

a scathing eloquence, and a malignant spirit. Lord Brougham played the

part of a mere partisan, and was set down by the country for such. The

patriotic prestige associated with his name passed away. Lord Melbourne,

in reply, characterized Lord Brougham’s speech as “a laboured and

extreme concentration of bitterness.” Concerning the charge against

ministers of neglect in not providing against the possibility of an

outbreak, his lordship said, that it was a difficult question which they

had at the time to decide. By not re-enforcing the troops they ran

the hazard of what had in fact occurred; but, on the other hand, had a

considerable force been sent out, there would have been an end to all

chance of an amicable termination of the disputes. It would have been

instantly said, that we were filling Canada with troops, and thus

manifesting a fixed intention of putting down public opinion by the

force of arms. The Duke of Wellington thought that the proceeding’s

should have originated in a message from the throne. With reference to

the military force, he said, that he must do ministers the justice

to say that he could not blame them for not having taken more active

measures. He knew several officers in Canada; and the opinions of these

officers, as communicated to him, were, that there was not the smallest

reason to apprehend anything like insurrection in Lower Canada. At the

same time his grace said, that he could not understand, when ministers

had found it expedient to move troops from Nova Scotia and New Brunswick

into Canada, they did not despatch fresh troops to supply the vacancy

thereby occasioned. After a few words from Lord Ripon, who condemned the

conduct of government, the Marquess of Lansdowne applauded the candid

terms in which the Duke of Wellington had expressed his opinion on the

military part of the question. The Earl of Durham, who was about to go

to Canada as governor, said, that it was impossible for words to express

the reluctance with which he had undertaken the arduous task, and

incurred the awful responsibility which must await him in his endeavours

to execute the objects of his mission. Nothing but the most determined

devotion to her majesty’s service, and the welfare of his country, could

have induced him to place himself in a situation in which he feared he

should neither answer the expectations of his friends nor of the nation.

Having noticed the various tasks which would devolve upon him, his

lordship said, with an apparent foreboding of what was to ensue, that he

could not perform them without the cordial and energetic support of her

majesty’s cabinet, and the co-operation of the imperial parliament. Lord

Glenelg closed the debate by retaliating on Lord Brougham for his fierce

denunciations, and by contrasting his conduct with that of the Duke

of Wellington, whose candour and magnanimity he warmly applauded. The

address was agreed to.

According to notice, Mr. Grote, on the 22nd, moved that Mr. Roebuck be

heard at the bar on behalf of the assembly of Lower Canada. Mr. Roebuck

relied on his title to be heard as general agent for Canada, but Mr.

Gladstone said that he was not aware of any constitutional right or

privilege of colonies to appoint agents with powers of this general

description. If allowed in practice, it must lead to interminable

confusion. Lords John Russell and Stanley also expressed their aversion

to hearing Mr. Roebuck as an agent of Canada; but the motion was

nevertheless acceded to. On the motion of Lord John Russell, the bill

for suspending the constitution of Lower Canada was read a second time;

after which Mr. Roebuck proceeded to address the house from the bar. His

speech was by no means conciliatory; on the contrary, his care seems to

have been to select such topics as were most likely to prove

generally offensive to its temper and prejudices. In one passage he

remarked:—“Talk to me of being frightened at being called a traitor—at

being told that my life is forfeited—at the newspapers setting

forth that I am to be sent to the Tower! Do you think that I am to be

frightened by such petty warfare? If I be guilty, why are there not some

who dare accuse me lawfully? My papers have been seized: let them be

produced. I have not run away; because I know that there is a jury

in England who will render justice to the accused.” On Mr. Roebuck’s

withdrawal, Mr. Hume moved the postponement of the committal to that day

six months. This motion was opposed by Sir George Grey, who replied to

Mr. Roebuck’s speech in a very able harangue. The subject was renewed on

the 23rd by Sir William Molesworth. Mr. E. L. Bulwer gave ministers his

cordial support. He thanked them for their determination to uphold the

integrity of the empire, and the maintenance of the laws; and he thanked

them as a friend to a liberal and popular policy, for their declared

resolution to redress the grievances of Canada. He would ask Mr.

Warburton and his friends, whether they were aware that till within the

last seventy years printing-presses were forbidden in Canada; that at

the present day the vast majority of the electors could neither read nor

write; and that it often happened that the foreman of a jury could not

give in the verdict because of his inability to read it? Was this a

colony fit for independence? If it were a republic to-morrow, it would

be a monster in legislation—half-jacobinism, half-feudalism. Mr. Bulwer

designated Mr. Warburton and his friends, in the course of his speech,

by the term “philosophical Radicals.” Mr. Grote, in reply, said that

the designation was quite as respectable as that of “literary Whig.”

The debate was closed by Lord John Russell. On a division the motion

for going into committee was carried by a majority of two hundred and

sixty-two against sixteen.

On the 25th Lord John Russell, in moving that “the speaker leave

the chair,” informed the house that in looking over the bill he had

discovered a number of verbal amendments to be necessary, and as it

was desirable that these should be introduced before the discussion was

resumed, he moved that the house should go into committee _pro forma_,

in order to afford an opportunity for making the requisite alterations.

Upon the question being put that the speaker leave the chair, Mr.

Warburton rose and made a long speech in opposition, which was utterly

devoid of any practicable suggestions. A long and rambling debate

followed, without any result.

The house finally went into committee on the bill, and proceeded to

consider its several clauses and the amendments proposed. The bill was

read a third time, and passed on the 29th of January, by a majority of

one hundred and ten against eight; the few non-contents being Radicals.

The bill came before the house of lords on the 2nd of February, when

it was opposed by Lord Brougham, in a speech of great length, and in an

acrimonious spirit. Lord Aberdeen also, though he supported the measure,

expressed his contempt of the conduct of the government. Lord Melbourne

had quietly endured the repeated attacks which had been made upon

ministers; but on this occasion he retorted upon Lord Brougham’s

censures with effect, convicting him of a change of principles. Lord

Brougham, however, denied that he had changed his principles: it was

the changed conduct of others that had compelled him to oppose them. The

Duke of Wellington reproduced many of the objections that had been urged

in the other house; and Lord Wharncliffe, after censuring the conduct of

ministers, gave a reluctant assent to the bill. On the 5th of February,

Mr. Roebuck, on the motion of Lord Brougham, was heard by the house as

agent of the house of assembly of Lower Canada; but his speech could not

arrest the progress of the bill. It was passed on the 8th of February;

Lords Ellenborough, Fitzwilliam, and Brougham entering their protest

against it on the journals of the house, though on different grounds.

The more important provisions of this bill were that the constitution

of Lower Canada was suspended till November, 1840; that her majesty in

council was empowered to constitute a special council, and to appoint,

or authorize the governor to appoint, such and so many special

councillors as she might think proper; that, until November, 1840, it

should be lawful for the governor, with the advice and consent of the

majority of the said councillors convened for the purpose, to make such

laws or ordinances for the peace, welfare, and good government of Lower

Canada, as the legislature of that province, at the time of passing the

act, was empowered; and that all laws or ordinances so made, subject to

the provisions thereinafter contained for disallowance thereof by her

majesty, should have the like force and effect as laws passed by the

legislative bodies. The governor was further to have the initiative of

all measures proposed in the council, five of whom were required for a

quorum. Certain restrictive provisoes followed these provisions; and it

was directed that a copy of every such law or ordinance “be transmitted

to the home government;” and her majesty was empowered, by an order

in council, to disallow the same at any time within two years of its

receipt.

THE QUESTION OF ELECTION COMMITTEES, ETC.

The necessity of an alteration in the mode of trying controverted

elections under the Grenville act had been for some time recognised. A

committee had been appointed to examine into this subject in 1837; and

Mr. Charles Buller, who had been chairman of that committee, had, on the

21st of November last, obtained leave to bring in a bill similar in

its provisions to one which had been in the hands of members in the

preceding session, though it had not been discussed. This bill, in

its original shape, provided that three assessors, barristers of seven

years’ standing, should be appointed by the speaker to act as chairmen

of election committees for the session only, and as a court of appeal

from the revising barristers on matters of law. Subsequently, when this

bill was in progress, it was thought better that the first assessors

should be named in the act, and that the future appointments should be

placed at the disposal of the speaker, subject to the confirmation of

the house. On the same day Mr. O’Connell said that he also had devised a

plan, which he was anxious to submit to the consideration of the house;

and he likewise obtained leave to bring in a bill for a similar

purpose. Mr. Buller’s bill came on for the second reading on the 27th of

November, when it was opposed by Lord Stanley, who moved that the second

reading be postponed till the 12th of May, in order that the question

might receive a fuller consideration. Mr. Williams Wynn approved of

the bill; and Mr. O’Connell abandoned his own in its favour. Lord John

Russell recommended that the bill should be read a second time, thinking

that it at least provided some remedy for the evils complained of. On a

division the second reading was carried by a majority of two hundred

and fourteen against one hundred and sixty. Nothing further was done,

however, before Christmas, except that there was much discussion on the

subject of election committees.

The house of commons was again occupied with the subject of controverted

elections on the 2nd of April. On the motion for the re-committal of Mr.

C. Buller’s bill, Sir Robert Peel rose for the purpose of bringing

the subject generally before the house, and of submitting to their

consideration a proposition of his own. Sir Robert’s scheme was, that

the speaker should nominate a committee, which should be called “a

general committee for elections,” and which should consist of four or

six, or some such limited number. To this committee he would leave the

duty of appointing select committees, by whom election petitions were to

be tried. These last committees might consist of seven or nine members,

and each was to have the aid of an assessor who should be its chairman,

and in all respects on an equal footing with the members of the

committee. These persons were not to be permanent, but employed as

occasion might demand. There was to be no attendance of members at a

ballot and the operation of chance was entirely excluded. Mr. O’Connell

still thought it would be advisable to take the adjudication of these

contests out of the present hands, and to transfer it to the judges. He

moved as an amendment, that Mr. Buller’s bill should be referred to a

select committee, who might report on the subject at large. Lord Stanley

moved that Mr. Buller’s bill be considered that day six months; and

proposed that a committee should be appointed to examine the conflicting

cases, and to report on a mode of giving uniformity to the law. Mr.

Shiel approved of Sir Robert Peel’s plan; but he thought that party

spirit would stand in the way of their obtaining a declaratory

act, since on some questions the two parties in parliament were

systematically opposed to each other. Mr. O’Connell’s proposition was

negatived, and Mr. Buller consented to withdraw his measure. On the 10th

of May, therefore, Sir Robert Peel moved for leave to bring in his

bill, dropping that part of his scheme, however, which established

assessors. Leave was given to bring in the bill; but the

attorney-general thought that all that was necessary was to repeal

the Grenville act. They might then go on making one experiment after

another, until they arrived at some plan that would give universal

satisfaction.

Before the Christmas recess, the freemen and parliamentary electors’

bill, which had been dropped in the preceding session, had been

reintroduced. The two grand objects of this bill were to relieve

householders entitled to the elective franchise, by extending the time

fixed by the reform bill for payment of rates and taxes; and to remove

the stamp-duty payable by freemen on their admission. The former part

of the bill met with much opposition; and Mr. T. Duncombe moved an

amendment, tending altogether to repeal the rate-paying clause of the

reform act. This amendment, however, was rejected, and the original

clause carried by a large majority. The third reading of the bill came

on on the 19th of February, when it was condemned by Sir Robert Peel as

involving a serious infraction of the great principle understood to be

settled when the reform bill was passed. The bill was finally passed by

the commons, by a majority of one hundred and eighty-nine against one

hundred and seventy-two; but it was rejected in the house of lords on

the second reading, on the 8th of March. The house of commons passed

another bill, conceding tire desired relief to freemen alone; but

the session closed before the lords were called upon to take it into

consideration.

MOTION FOR THE BALLOT.

On the 15th of February Mr. Grote made his annual motion for the ballot.

The debate at this time was expected with considerable interest, because

it was generally understood to be a question which was becoming an

element of disunion in the camp of the reformers. The motion was

seconded by Mr. Ward, and supported by Mr. E. L. Bulwer. Mr. Ward,

in seconding the motion, intimated that after Lord John Russell’s

declaration respecting the ballot, the extension of the suffrage, and

the duration of parliaments, the people were anxious to see how far

the other members of the administration were prepared to identify their

opinions with those of the noble lord. He represented the constituents

of Sir John Hobhouse, Mr. Poulett Thomson, Sir Hussey Vivian, and Sir

Henry Parnell as especially watching their conduct in this matter, and

concluded by expressing his conviction that anything like a government

opposition to the measure would “have for its effect the production of

a new combination most important to the country and to that house.” Lord

John Russell again manfully stated his general objections to the change;

and Sir Robert Peel, in a speech of considerable power, attacked the

system of secret voting with effect. On a division, the motion was

lost by a majority of three hundred and fifteen against one hundred and

ninety-eight.

PARLIAMENTARY QUALIFICATION BILL.

During this session a bill was introduced and passed, which had for

its object the extension to personal property of the privilege hitherto

confined to real property, as regarded a qualification for parliament.

By this act, an estate for life, or for the life of another; or a term

of years of which thirteen shall be unexpired at the time of election,

or personal estate and effects of any description within the United

Kingdom, or the interest or dividends of such, may constitute either

the whole or part of the sum required to qualify a member. By another

clause, every member before he takes his seat is required to deliver

to the clerk, while the house is sitting, a paper signed by himself,

containing a statement of the real or personal property whereby he makes

out his qualification. By the same clause he is also called upon to

subscribe a declaration, that to the best of his belief he is duly

qualified to be elected a member of the house. To make a false

declaration is declared to be a misdeameanour, and the election becomes

void if the member sits or votes without complying with the provisions

of the acts. This statute, however, does not extend to the members for

the universities, to the eldest sons of peers, or to persons qualified

to be knight of the shire.

PERSONAL ATTACKS.

On the 6th of March Sir William Molesworth, with a view of bringing the

whole colonial administration of the empire before the consideration of

the house of commons, moved that an address be presented to her majesty,

respectfully expressing the opinion of the house, that in the present

critical state of many of her majesty’s foreign possessions, the

colonial minister should be a person in whose diligence, activity, and

firmness the house and the public may be able to place reliance; and

declaring that her majesty’s present secretary of state for the colonies

does not enjoy the confidence of the house or the country. The right

honourable baronet prefaced his motion by a speech of two hours’

duration. His speech was very moderate, although it might have appeared

that he was guided by some acrimonious feeling in selecting Lord

Glenelg for attack. Mr. Leader seconded the motion; and Lord Palmerston

undertook the defence of the colonial secretary. He would meet the

motion by a simple negative. Lord Sandon said that he had expected that

the affairs of Canada would have formed the basis of the present

motion. Lord Palmerston was right in saying that it should not have

been directed against Lord Glenelg alone, but against the entire

administration. He could not vote with Sir William Molesworth; nor could

he be content with a simple negative of his motion. He considered that

the troubles in Canada were attributable to the misconduct of ministers;

and under these circumstances he should move an amendment, in the

shape of an address to the queen, in which would be laid down his own

principles, and those of the party with whom he acted. His lordship’s

address expressed the regret of the house at the treasonable movements

in Canada, and their determination to aid her in the suppression of the

revolt, and the establishment of a sound constitution; but representing

also their opinion, that the present state of things in that colony was

mainly owing to the want of foresight and energy, and to the ambiguous,

dilatory, and irresolute course of her majesty’s ministers. Lord

Stanley then addressed the house, and after a speech from Sir Charles

Grey the house adjourned; and on the following evening the debate was

renewed, many members expressing their opinions on the subject. In the

course of his speech Lord John Russell directed some bitter remarks

against Lord Stanley, and said that in respect of temper and judgment he

was more comfortable now that Lord Glenelg was his colleague than he was

when the former nobleman was at the head of the colonial department.

His lordship demanded to know whether in the event of the resignation

of ministers, there existed means of forming a better administration,

or whether the tories could safely appeal to the test of a popular

election? Lord John Russell concluded by suggesting to Sir William

Molesworth the expediency of withdrawing his motion, in order that the

house might divide upon the amendment. The right honourable baronet

consented to this; but said that, for his own part, he felt precluded

from voting on either side on the amendment of Lord Sandon. On a

division ministers had a majority of twenty-nine only; the numbers

being, against the amendment, three hundred and sixteen; for it, two

hundred and eighty-seven.

REVIVAL OF ANTI-SLAVERY AGITATION, ETC.

At this period anti-slavery agitation again became the order of the

day. On the one hand there existed a large class of declaimers and needy

orators who were interested in the revival of the subject; and on

the other, there was a powerful body of humane people, to whom the

contemplation of the sufferings of the negro people had become habitual,

and who required little inducement to recur to such an exciting theme.

But there was a cause for this display of philanthropy: the slave

was still in chains, and was still suffering from the lash of the

hard-hearted driver. The legislatures also in the colonies were not free

from blame; they acted in many cases with obstinacy and intemperance;

and Jamaica especially afforded many instances of systematic violations

of the imperial law. The apprentice system, in point of fact, was a

complete failure: it produced on the part of the slaves contumacy; and

on the part of the masters breaches of the law, cruelty, and violence.

From these circumstances there was no difficulty in lighting up a flame

in England on the subject. Meetings were held and petitions got up, with

a view of hastening the time when the slave should become a man among

his fellow-men. The subject of slavery was brought before the house of

lords, on the 29th of January, by Lord Brougham, who, after presenting

a petition from Leeds, praying the immediate abolition of negro slavery,

delivered an eloquent and impassioned speech on the enormities still

committed in the slave-trade. The Duke of Wellington and Lord Glenelg

admitted that Lord Brougham’s statements of the horrors of slavery were

substantially correct. In his speech his lordship had said, that British

officers were induced to allow vessels equipped for the slave-trade to

escape, in order to secure the head-money, and to wait at the mouth of

rivers till the cargoes had been shipped. Lord Minto, first lord of

the admiralty, in reply, said, that he would not assert that no single

instance of this nature had occurred; but he could say that none such

had come to his knowledge, and that he did not believe a similar

case had ever existed. He could assure their lordships that the only

complaint he had heard against British officers thus employed, was, that

they were too ready to take these vessels, and too little careful of

themselves, not attending sufficiently to their own security against

prosecutions. Every letter he received from those officers lamented

the difficulties in the way of obtaining the means of the capture and

conviction of these vessels until the cargo was embarked; and they all

pressed for the conclusion of further treaties. If those treaties could

be extended to all nations under whose flag the traffic was carrying on,

there would be no difficulty in putting it down. The case was not the

same with respect to Spain as to Portugal. With the former there was a

treaty which enabled us to capture all slavers under her flag; but our

cruisers could not capture vessels under Portuguese colours until they

had taken in their cargoes. Lord Brougham asked, if a reward according

to the tonnage of the vessel captured could not be substituted

for head-money? His views were supported by Lords Ellenborough and

Ashburton, the latter of whom said strong measures should be taken to

compel Portugal to desist from the traffic. Lord Glenelg said, that Lord

Palmerston was engaged in negotiating a treaty with that country, with a

view of putting a stop to the trade. He thought with Lord Brougham that

our interference had aggravated the horrors of slavery; but at the same

time he contended that parliament had no alternative but to act as it

had done; and that the fear of increasing the evil ought not to

have prevented us from taking steps to extirpate the practice. The

conversation on this subject here dropped; but it was renewed again

on the 20th of February by Lord Brougham, who urged upon the house the

propriety of immediately emancipating the negro apprentices. His speech

on this occasion gained for him the golden opinions of the good and the

wise. He commenced by painting in poetic language the “delicate, calm,

and tranquil joy” which pervaded the Antilles on the day when slavery

ceased to exist. He continued to show that the predictions of those who

had declared that labour would cease when slavery was abolished, had

failed. Twice as much sugar was made under the new system; and one

planter had said, that with twenty free labourers he could do the

work of a hundred slaves. His lordship next proceeded to show that

the slave-holders had not kept faith with this country, and that the

condition of the negroes, instead of being made better, was in many

respects worse than before. They were, he said, the victims of partial

tribunals, and of excessive and illegal punishments; and he related the

case of eleven females having perished from the punishments inflicted

upon them, but whose deaths were, nevertheless, ascribed by a coroner’s

jury to “the visitation of God.” At the conclusion of his speech his

lordship, after moving that an address be presented to her majesty,

beseeching her to take steps for the suppression of the slave-trade,

laid these resolutions on the table:—“That the practice of paying

head-money to British cruisers should be discontinued. That letters of

marque should be issued to private individuals, empowering them to fit

out vessels for the capture of slavers. That it was expedient that the

period of prædial apprenticeship should cease on the 1st of August,

1838.” The resolutions also further indicated certain regulations

for the protection of apprentices in the meantime. Lord Glenelg, in a

powerful speech, objected to Lord Brougham’s propositions of issuing

letters of marque to privateers, and the discontinuance of head-money.

With respect to the condition of the apprentices in the West India

colonies, he contended that the change had been more advantageous

than Lord Brougham had supposed, although he allowed that abuses and

difficulties of a serious nature did exist. Still he did not think that

sudden emancipation would be for the advantage of the negroes; and he

must, therefore, oppose Lord Brougham’s resolutions. Lord Brougham

took the sense of the house on the resolution which regarded immediate

emancipation; and on a division it was lost by a majority of thirty-one

against seven.

Soon after this the vigilance of Lord Brougham brought to light what

appeared to be a new method of establishing a slave-trade. In the

colony of British Guiana there had been an old law, which permitted the

importation of labourers without restriction. In 1836 a law was passed

by the governor and council of policy of the colony, with a view to

regulate the relations between the labourers who should come to the

colony under articles of indenture, and their employers. On being

transmitted to England for approval, the plan was considered on the

whole to be an improvement, and therefore it was sanctioned. An order

in council was issued in March, 1837, giving assent to the act of

the colonial legislature, but with several important alterations, and

especially reducing the period of service from seven to three years,

and prohibiting the introduction of labourers from Africa, or islands

peopled chiefly by the African race. Shortly after these modifications

of the law had been promulgated, an application was made for a different

regulation, to be extended to individuals from the East Indies, who, it

was said, could not be brought into the colony with any profit, unless

the term of service was prolonged to five years. This was conceded by

Lord Glenelg; and arrangements were made for the deportation of a class

of Hindoos, called “Hill Coolies,” or Highland labourers, to British

Guiana. This subject was brought forward by Lord Brougham on the 6th of

March, who moved two resolutions in condemnation of the order in council

of July. In his speech he asserted that twenty-five thousand Africans

had been introduced into the Mauritius in defiance of the law; and

predicted that they were about to expose to this infernal traffic the

entire Asiatic coast. His lordship complained that no precautions had

been taken to secure proper ships, provision, or accommodation for the

labourers on their voyage. Lord Glenelg contended that Lord Brougham’s

alarm was premature; that he had exaggerated the danger, and was urging

ministers to present a “barrier to the circulation of voluntary labour.”

The Duke of Wellington suggested that arrangements should be made for

the superintendence of the embarkation of labourers by responsible

persons; that the nature of the bargain made should be fully explained

to the labourer; that provision should be made for his return, if he

wished it, at the expiration of his period of service; and that persons

should be appointed to go with them while on board, and on their

landing, to see the due performance of their respective bargains by the

masters and the workmen. Lord Melbourne said that Lord Brougham’s

ardent imagination rendered him an unsafe guide in such matters; but

he intimated that the Duke of Wellington’s suggestion should receive

attention. His grace then said that he thought it unadvisable to divide

upon Lord Brougham’s motion; and therefore he would move the previous

question. On a division the previous question was carried by a large

majority; and the original motion being put, was negatived.

The subject of slavery was introduced on the 29th of March in the house

of commons, by Sir George Strickland, who moved the immediate abolition

of negro apprenticeship. The motion was seconded by Mr. Pease, and

supported by Dr. Lushington and Lord Howick. On the other hand, it was

opposed by Sir George Grey, Sir Edward Sugden, Lord John Russell, and

Mr. W. E. Gladstone; and on a division it was negatived by a majority

of two hundred and sixty-nine to two hundred and five. An attempt was

subsequently made by Sir Eardley Wilmot to obtain a resolution from the

house in favour of immediate abolition. He succeeded, his motion being

carried by a majority of ninety-six against ninety-three. Government,

however, still expressed aversion to any alteration of the present

system; and on the 28th of May Sir George Grey proposed and carried

a resolution which virtually rescinded that of Sir Eardley Wilmot, by

declaring that, in the opinion of the house, it was not advisable to

adopt any proceeding for the purpose of giving effect to the resolution

of the 26th of that month. Sir George Grey’s motion was carried by a

majority of two hundred and fifty against one hundred and seventy-three.

Although slavery was still allowed to exist, yet two important bills

connected with this subject passed the legislature this session. One

of these was entitled “An act to amend the act for the abolition of

slavery;” and it contained various provisions, giving further protection

to the apprentices, and enforcing such regulations of the former act

as had been disregarded by the planters. The second bill empowered her

majesty in council to make rules for the government of the prisons in

the West Indies; to appoint inspectors of prisons; to dismiss or suspend

officers; and to determine on the fitness or unfitness of any place to

be used for the purposes of penal confinement.

DEBATES ON THE IRISH POOR-LAW BILL—THE BILL CARRIED.

It will be remembered that the Irish poor-law bill had arrived at an

advanced stage, last session, in the committee, and that many of its

important clauses had been discussed and determined, when the demise of

the crown put a stop to its further progress. The subject was renewed

on the 1st of December, when the bill was read a first time. It was

proposed that the house should go into committee on the 9th of February,

on which day Mr. O’Connell moved, as an amendment, that it be committed

that day six months. When the bill was last year before the house, he

said he had addressed them at considerable length in opposition to it.

At the same time he had avowed that he had not moral courage to take the

course of direct opposition to the measure, although perfectly convinced

of its injurious tendency. Since then he had grown both older and

firmer; and he was now determined to take the sense of the house on the

committal of the bill. He was opposed to the introduction of poor-laws

into Ireland, at least so far as regarded able-bodied persons; it might

induce them to abandon their habitual industry and economy, and prevent

them from providing for the wants of age and supervening infirmity.

Any such plan was calculated to diminish self-reliance, to paralyse

industry, to decrease economy, and, above all, to damp and extinguish

the kindly and generous feelings of nature. He further objected to

the bill, because it taxed the occupiers of lands, and involved many

difficulties of apportionment between his landlord and himself: it would

be a constant source of litigation. Besides, he contended that the mode

in which the poor-law was proposed to be carried into effect, was not

calculated to benefit Ireland: and he enlarged on the poverty of the

people in general, in order to show that they ought not to be called

upon to endure taxation to the amount of another million. Messrs. Shaw,

W. S. O’Brien, Lucas, and Redington supported the bill, though they

all thought that many of its details were objectionable. Mr. O. Gore

supported Mr. O’Connell’s amendment, he objecting to the workhouse

system as prejudicial to the best habits and feelings of the Irish.

Other members, as Messrs. Barron, Young, and Litton, supported the

measure; while others, as Mr. J. Gibson and Sir F. French, opposed

it. On a division the original motion was carried by a majority of two

hundred and seventy-seven against twenty-five.

The house went into committee on the 12th of February. The third reading

of the bill came on on the 30th of April, when Mr. O’Connell again

endeavoured to arrest its progress. His opposition, however, was

bootless: it passed the house of commons by a majority of two hundred

and thirty-four against fifty-nine.

MOTION FOR THE REPEAL OF THE APPROPRIATION CLAUSE—MINISTERIAL PLAN FOR

SETTLING THE TITHE QUESTION.

On the 14th of May Sir Thomas Acland moved for the repeal of the

appropriation clause. Lord John Russell had previously given notice that

he would bring forward his resolutions concerning Irish tithes; and in

moving that the speaker should leave the chair, the noble lord said that

it had been his original intention to refrain from saying a single word,

and to reserve his remarks to the time when the house should go into

committee. It had pleased the gentlemen opposite, however, to give

notice that they meant to interpose another question in order to raise

a debate, and produce a division, before allowing the resolutions to be

considered in committee. He should consider the proposition made by Sir

Thomas Acland in two points of view; with reference to its object of

producing discord and bitterness of feeling in the house, and how far

such a course was conformable to the professions made by gentlemen

opposite with respect to the Irish church. After descanting at

considerable length on the subject of the alliance of the church

and state generally, and the small influence which the Irish church

exercised over the people, the noble lord went on to unfold his scheme.

The existing tithe-composition, he said, would be converted into a

rent-charge at the rate of £70 for every £100; and he proposed that the

rent-charge should, with a saving of existing interests, be redeemed by

the government at the rate of sixteen years’ purchase on the full sum

of £100. The money received in redemption of the rent-charge he proposed

should be invested in land, or in such other way as the ecclesiastical

commissioners should advise; and the rent-charges themselves, when

purchased, should go towards a fund, from which £160,000 should be

paid yearly to the constabulary force of Ireland; £20,000 to the Dublin

police; £70,000 to the expense of criminal informations; and £100,000

for the purposes of education, instead of the £50,000 now voted annually

for that purpose; any surplus was to be applied to charitable purposes.

After developing his plan, Lord John Russell descanted on the obstinacy

and exorbitance of the clergy, and then attacked Sir T. Acland’s motion.

He commenced this part of his speech by quoting the Duke of Wellington’s

declared desire to see the Irish questions brought to a settlement,

contending that the present motion was not in accordance with that

declaration. With respect to the principle of the appropriation

resolutions, his opinion was unaltered: it was a wise and just

principle, and he could not consent to its reversal: it would imply

a stigma upon ministers which he could not endure. Sir Thomas Acland,

however, rose to move that the resolutions of the 7th and 8th of April,

1835, should be read; and after addressing the house at considerable

length, he further moved that they should be rescinded. The motion was

seconded by Sir Eardley Wilmot. After a long speech from Lord Stanley,

and a few words from Lord Morpeth in defence of government, the house

was adjourned till the following day, when Mr. Litton renewed the

discussion by delivering a speech in favour of Sir T. Acland’s

amendment. Messrs. Young, Laseelles, Bennett, and Lord Sandon also

supported it; while Messrs. Redington and Townley opposed it. Mr.

O’Connell remarked that the real question before the house was, how

should Ireland be governed? This was the question that had been under

discussion for seven hundred years. Should Ireland, he asked, be

governed by a section? A loud shout interrupted the speaker, and in the

midst of continued uproar, he continued thus:—“I thank you for that

shriek. Many a shout of insolent domination, despicable and contemptible

as it is, have I heard against my country.”—[Here the speaker

interfered]—“Let them shout; it is a senseless yell—the spirit of a

party. Ireland will hear their shrieks. They may want us again. What

would Waterloo have been if we had not been there? I ask not that

question for the renowned commander-in-chief, who is himself an

Irishman, but for the hardy soldiery of Ireland, who fought the battle

for him. I say again, that is the question.” In conclusion, Mr. O’Connell

admitted that the ministerial plan did not go far enough, but he was

ready to accede to it for the sake of an amicable arrangement. Sir

Robert Peel and other members addressed the house, a discussion ensued,

when Sir Thomas Acland’s motion was lost by a majority of three hundred

and seventeen against two hundred and ninety-eight. On the following day

Lord John Russell gave the house distinctly to understand that the tithe

measure would solely consist of a proposition to the effect that the

composition then existing should be converted into a rent-charge.

COMMITTEE OF THE HOUSE OF COMMONS UPON THE IRISH MUNICIPAL BILL—THE

BILL REJECTED, ETC.

On the 29th of May Lord John Russell moved that the house should go into

committee on the Irish municipal corporation bill. Sir Robert Peel then

rose and stated his views and intentions with respect to the two great

Irish questions.

The consideration of the subject was renewed on the 1st of June, when,

the house being in committee, Mr. Shaw moved that schedules A and

B should be consolidated, so that there should be but two schedules

instead of three; the first to contain the towns to which corporations

were to be given with an uniform ten-pound franchise; and the second to

contain those in which the majority of the ten-pound householders might,

according to their option, be incorporated. Mr. Shaw further proposed

that Sir Robert Peel’s mode of estimating the qualification of electors

should be adopted. Lord John Russell consented to that part of the

proposition which regarded the distribution of towns to be incorporated,

but at the same time intimated that government considered an uniform

ten-pound franchise too high a qualification. On this point, indeed, the

two parties were at issue, for Lord John Russell proposed a five-pound

assessment as the qualification, while Sir Robert Peel advocated the

ten-pound assessment. On the 11th of June Sir Robert moved to substitute

the latter for the former sum; but on a division it was negatived by

a majority of two hundred and eighty-six against two hundred and

sixty-six. The bill came on for the third reading on the 25th of June,

when Lord Francis Egerton moved that it should be read that day three

months; but on a division the bill passed by a majority of one hundred

and sixty-nine against one hundred and thirty-four.

The bill came under deliberation in the house of lords on the 12th of

July, and it was read a third time on the 27th of the same month. The

lords, however, had, on the motion of Lord Lyndhurst, substituted

the ten-pound for the five-pound franchise, and had also made further

alterations in the bill at the instigation of the same noble lord. When

the bill in its amended shape came under the consideration of the

house of commons on the 2nd of August, Lord John Russell entered into

a detailed examination of these amendments. In order to settle the

question of the franchise, he proposed that a rated house of eight

pounds rent should confer it; and he carried this by a majority of one

hundred and sixty-nine against one hundred and fifty-four. A variety of

alterations were then introduced into the other amendments of the lords,

and the bill was once more sent up to that house. A conference took

place, but with no effect, and the matter ended by Lord John Russell

moving in the house of commons that “the lords’ amendments should be

further considered that day three months.” The bill, therefore, was

again laid aside, and that for the most part from a difference of a

pound or two in the qualification. The great principle of granting

popular corporations to the Irish towns was conceded by the

Conservatives; but they would not overlook the trifling difference

contested by them and their opponents in the qualification.

[Illustration: 589.jpg CORONATION CHAIR]

THE CORONATION.

The coronation of Queen Victoria took place on the 28th of June.

The principal novel feature of this august ceremony consisted in the

substitution of a procession through the streets of London for the

banquet in Westminster-hall. The result of this change justified

the departure from an ancient usage. The people of all ages, sexes,

conditions, professions, arts, and trades assembled on that day to greet

their youthful sovereign. The ceremony was conducted with great

harmony: happiness and cheerful good humour prevailed among the enormous

multitude which thronged the streets; and courtesy and self-restraint

were everywhere conspicuous. The coronation was succeeded by a series

of fetes and banquets, and many weeks elapsed before the metropolis

had ceased to hold festivals in its remembrance. In a word, the utmost

enthusiasm for the youthful sovereign prevailed on every hand, and gave

promise of a happy and glorious reign.

It was stated in the house of commons shortly after the coronation that

the expenses incurred for the coronation of George IV. were £243,000,

and that the expenses incurred for that of his successor did not exceed

£50,000. On the present occasion the charges amounted to about £70,000,

and the chancellor of the exchequer, in explaining the cause of this

excess, said, that it was in no respect occasioned by any portion of

the ceremony as regarded the sovereign, but for enabling the people to

participate in the national festivity. The public, he continued, had

voluntarily paid for seats commanding a view of the procession not less

than £200,000; and four hundred thousand persons had visited London

for the purpose of witnessing the ceremony. He added:—“Never was there

given to a sovereign, or to a country, a more exalted proof of good

conduct and discretion, than was afforded by the assembled multitude on

this occasion.”

DEBATES IN THE HOUSE OF COMMONS ON THE IRISH TITHE QUESTION.

On the 2nd of July the house of commons proceeded to take Lord John

Russell’s tithe resolutions into consideration. On the motion for

going into committee, Mr. Ward condemned ministers for abandoning the

appropriation principle, and moved a series of resolutions for the

appropriation of the surplus revenues of the Irish church to the moral

and religious education of all classes. Mr. Hawes seconded and Mr. Hume

supported the motion. Mr. O’Connell, however, opposed it, contending

that it led to a deception and delusion: it offered to the Irish people

something as the purchase-money of a tithe bill, which bill they had

refused unanimously to take. Their determination was not to pay tithe;

and he required that provision should be made for the established church

of Ireland out of the consolidated fund, and that the tithe fund should

be applied to the maintenance of peace in the country. By converting

tithes into a rent-charge, they would turn landlords into tithe

proprietors; and would further throw many landlords into the ranks of

White-boys. Mr. Harvey said that three years ago he was denounced by Mr.

O’Connell for not supporting the motion which his learned friend was now

opposing. On a division Mr. Ward’s motion was rejected by two hundred

and seventy against forty-six. On the house going into committee, Mr.

Shaw moved, as an amendment, that twenty-five instead of thirty per

cent, should be substituted. This amendment was carried by a majority of

one hundred and eighty-eight against one hundred and sixty-seven.

In a preceding year one million sterling had been voted by parliament

for the relief of tithe-owners who had been unable to pay their dues;

and out of this sum they had by this time actually received £640,000. At

the time of the grant it was intended that the advances should be repaid

as soon as the tenants should pay up their arrears. That event was not

likely to happen; for, since the grant had been made, a new arrear of

tithes had accrued. It was now generally agreed that repayment of the

money advanced should not be required; but it became a question how far

the fresh arrears were to be settled. Sir Robert Peel suggested that

a commission should be appointed to ascertain the entire amount of the

tithe, and the nature of each particular case; and that in proportion

to that amount, and with due regard to individual circumstances, the sum

remaining of the million not yet advanced should be distributed among

the respective tithe-owners in purchase of their interests. According

to his plan, if a landlord owned tithe, he was not to be included in

the proposition; but where the debtors were occupying tenants, there

tithe-owners were to have the option of enforcing their claims, or of

accepting their proportion of the fund, and exonerating their debtors:

government was also to have the right of proceeding against the tenant

at their option. This proposition was favourably received; and, on July

16th, Lord John Russell, when the house resumed the consideration of

the bill in committee, adopted it with some slight modifications. On

the 26th of July the bill came on for the third reading. Mr. D. Browne

moved, that the bill be read that day six months; in doing which he

contended for a total abolition of tithes. On a division the bill was

carried by a majority of one hundred and forty-eight against thirty; and

thus terminated the contests concerning “the appropriation clause.” The

adoption of it had assisted the Whigs in their return to power; and the

sacrifice of it enabled them to maintain office.

Lord Melbourne brought the Irish tithe-bill before the house of lords on

the 3rd of August. After descanting on the million loan and the arrears,

his lordship remarked that it was obvious, unless they closed up all

questions with reference to arrears, they would not be giving the

measure fair play. This bill directed the lord lieutenant to remit to

the clergy the instalments due from them in respect of the loan; and the

residue of the million was to be applied in satisfaction of the arrears,

according to the claims of the spiritual tithe-owners, which had

been accruing during the last four years. Nothing was said of the

“appropriation clause” by his lordship: on which Lord Brougham

remarked:—“I had not looked to see the day when appropriation should be

given to the winds, as if the thing had never been talked of—as if it

never had been the means of seating one ministry and unseating another.”

The bill was read a third time on the 9th of August, Lord Clancarty

alone raising a dissentient voice.

THE IRISH POOR-LAW BILL CARRIED IN THE LORDS.

On the 21st of May Lord Melbourne moved the second reading of the Irish

poor-law bill in the lords. The motion was opposed by Earl Fitzwilliam,

who said that he was opposed to the whole principle of poor-laws. As for

the present bill, he said, it could never be carried into effect; it

was not an Irish bill, nor was it a bill desired either by the landed

interests, the middling gentry, or the poorest classes of Ireland.

The Marquis of Londonderry also opposed the bill; while the Duke of

Wellington recommended their lordships to give it a second reading, with

a view of amending it in committee. Lord Lyndhurst, having adverted to

the unpopularity of the bill in Ireland, and cautioned their lordships

against setting themselves up as better judges than the Irish people

themselves of what was best calculated to promote the interests of that

nation, said he should not object to a trial of the bill, provided

he thought that they would, in the event of failure, return to their

original situation. His lordship then stated his various objections to

the proposed bill; but, in conclusion, intimated his intention of voting

for the second reading, in the hope that it might be brought into a

better state in committee. The Marquis of Clanricarde, Lord Brougham,

and the Marquis of Westmeath opposed the bill; and Lord Radnor and the

Earl of Devon supported it. On a division the second reading was

carried by a majority of one hundred and forty-nine against twenty.

In committee, Earl Fitzwilliam moved an am end-mend to the forty-first

clause, by which he limited the relief under the bill to age, bodily

infirmity, &c.; and he was supported by Lord Fitzgerald and Vesci, who

contended that the operations of the bill would be mischievous; but

it was not carried. On the 31st the latter noble lord moved another

amendment, empowering the guardians to relieve in poor-houses “all

destitute persons who are either incurably lame, or blind, or sick, or

labouring under permanent bodily infirmity;” also all orphan children

left in a state of destitution. Ministers, however, succeeded in

carrying the original clause of the bill by a majority of one hundred

and seven to forty-one. Subsequently some amendments were made in the

minor details of the bill, and it was read a third time on the 9th of

July, and carried by a majority of ninety-three against thirty-one.

The momentous experiment, therefore, of introducing a poor-law into a

country where the people were everywhere opposed to it was to be tried.

PROJECTED FORMATION OF A COLONY IN NEW ZEALAND, ETC.

At this period an association had been formed for the purpose of

colonizing New Zealand, under certain grants of territory which had been

obtained from the native authorities. During this session an application

for a parliamentary sanction to the undertaking was made, and Mr. F.

Baring, on the 23rd of June, moved the second reading of a bill to

establish the said colony. Sir George Grey opposed the motion. The bill

was also opposed by Sir Walter James, Lord Sandon, and Messrs. Goulbourn

and Pease, while Messrs. Hutt and P. Howard pointed out the advantages

which would accrue to Great Britain from the measure. The bill was

rejected by a majority of ninety-two against thirty-two.

FINANCIAL STATEMENTS, ETC.

The navy estimates were presented to the house of commons on the 5th of

March, when Mr. C. Wood moved a resolution to the effect, that there be

employed in the fleet for the next thirteen lunar months, ending on the

31st of March, 1839, 33,665 men including 2,000 boys and 9,000 marines.

After some opposition, this motion was agreed to; as was another, made

by Lord Howick, on the 12th of the same month, to the effect that

89,305 men should be raised for her majesty’s land-forces. The ordnance

estimates were moved by Sir Hussey Vivian on the 27th of April, and

these, likewise, were granted. The chancellor of the exchequer presented

his financial statement on the 18th of May, when it appeared that the

past year had been one of increased expenditure and diminished receipt.

The estimate of revenue, he said, had amounted to £47,240,000, while the

actual income did not exceed £46,090,000. The estimate of expenditure

had been £47,873,000, and the actual expenditure £47,519,000; so that

there existed a deficiency of £1,428,000. But, continued Mr. Rice, if

the house would compare the income and expenditure of the two years

1836 and 1837, they would find a surplus of income; and he showed that,

taking these two years together, and comparing the anticipation with the

actual results, there was no deficiency. The right honourable gentleman

proceeded to say that he calculated the income of the next year would

be £47,271,803, and the expenditure £47,479,000. Here, also, would be a

deficiency; and the question arose, how was this deficiency to be

met? There was no ground for considering it permanent; and he should

therefore propose to take the course adopted by parliament on former

similar occasions. In 1827 Mr. Canning found himself with a deficiency

of £2,900,000, and he met it by a resort to a corresponding issue of

exchequer-bills. Mr. Spring Rice intimated that he should follow the

same course, and should ask for a vote of credit to the extent of a few

hundred thousand pounds only.

MOTION FOR THE REPEAL OF THE CORN-LAWS.

On the 15th of March Mr. Villiers moved for a committee of the whole

house to consider the act of 9 George IV. c. 60, relating to the

importation of corn. In his speech he remarked that the purpose and

principle of the corn-laws were protection to the landed interest. It

was alleged that the British farmers could not compete with the foreign

grower without protection. He considered this principle indefinite and

unjust. The motion was seconded by Sir William Molesworth, who drew a

gloomy picture of the operation of the corn-laws. Through them, he

said, there was an excess of farmers without farm, shopkeepers without

customers, lawyers without briefs, clergymen without cure of souls,

doctors without patients, sailors and soldiers without employment;

besides shoals of architects, painters, surveyors, tutors, clerks, and

others. All these classes were uneasy, and the victims of competition.

The corn-laws had further the effect of producing great immorality:

people either could not marry, or were obliged to many late in life, and

consequently there was an excess of unmarried women! Hence immorality

prevailed, and every foreigner who visited the land was shocked at the

exhibition of profligacy in the streets. Only a few members supported

the motion, which was consequently lost.

On a subsequent evening Colonel Seale proposed that foreign corn in this

country should, under certain restrictions, be permitted to be ground

while in bond, and exported, security being given for its exportation.

The object of this measure was to enable merchants trading to foreign

countries, and shipowners, to lay in their supplies in the ports of

the United Kingdom, instead of being compelled to obtain them, as at

present, from the Baltic. The Marquis of Chandos contended that this

measure would repeal the corn-laws: extensive frauds would take place,

and a great alteration ensue in the price of corn. On the other hand,

Messrs. Warburton and Poulett Thomson argued that the agricultural

interest would not suffer from it in the least degree. The latter said

that no fraud could take place, and he entered into details to show that

the preservation of the whole revenue of the country depended upon the

security afforded by the bonded warehouses. Corn could not be smuggled

out of them more easily than sugar and tobacco, &c., on which much higher

duties were payable. After hearing these statements of Mr. Thomson,

several members intimated their disposition to make a concession upon so

immaterial a point. Colonel Seale’s motion was carried by a majority

of one hundred and twenty-seven against ninety-two, but the bill was,

notwithstanding, thrown out on the second reading, by a majority of two

hundred and twenty against one hundred and fifty.

VARIOUS IMPROVEMENTS IN THE LAW.

An important alteration in the law took place this session, in the

abolition of imprisonment for debt on mesne process. Public attention

had been for some time directed to this subject; and during last session

a bill passed the house of commons with reference to it, but at too late

a period to admit of its discussion in the upper house. On the 5th of

December the lord-chancellor brought the subject before the lords, by

moving the second reading of a similar bill. Many of the details of the

bill, however, were thought to be so defective, that it was referred

to the consideration of a select committee. The lord-chancellor again

presented his bill, as altered and amended by the committee, on the 12th

of June. In his exposition of the measure, his lordship stated that it

would empower creditors to get possession of various descriptions of

property, which were at present exempt from execution. Thus the bill

would authorize the sheriff to seize cash, bank-notes, and bills of

exchange; and, under the authority of a judge’s order, and with certain

restrictions, stock in the public funds would be available to the

creditor. These and similar provisions were framed for the purpose of

doing justice to the creditor, by enabling him, if possible, to obtain

payment out of his debtor’s property. Having effected this object it

seemed but right to abolish imprisonment on mesne process. Still, to

prevent fraud, it was necessary to secure to the creditor the right of

seizing the debtor’s person in certain cases. The bill, moreover, would

authorize a judge, on the creditor’s application, to issue a warrant

to restrain a fraudulent debtor from leaving the country before he had

surrendered his property. Lords Brougham and Abingdon commended the

measure as far as it went; but they still thought it incomplete. The

bill was read a third time and passed; and after some minor alterations

had been introduced in it by the commons, it finally became law. Another

useful act passed during this session was one which facilitated the

recovery of possession of tenements after the determination of the

tenancy. This bill empowered any two justices at petty-sessions,

in certain cases, and after proof given of the determination of the

tenancy, and of the refusal of the tenant to render possession, to issue

their warrant to the peace-officers of the place, directing them to

enter, by force, if needful, upon the premises unlawfully held over,

and to give possession of the same to the landlord or to his agent; such

entry to be made not less than twenty, and not more than thirty days

from the date of the warrant. The provisions of this bill, however,

are confined to premises held at will, or for less than a term of

seven years, and which are let for less than £20 per annum, without the

reservation of a fine.

In the course of this session, a bill for securing to authors, in

certain cases, the benefit of international copyright passed the

legislature, and which enabled her majesty in council to direct that the

authors of books published abroad shall have a copyright here, provided

there be a reciprocal protection in favour of this country in the state

in which such publications first make their appearance.

A SELECT COMMITTEE TO INQUIRE INTO THE OPERATION OF THE POOR-LAWS.

During the past and the present year the New Poor-law was exposed to a

severe trial. Distress, from a severe winter and the high price of corn,

abounded on every hand, while in various parts of the country local

and temporary causes operated unfavourably to the labourer. Under these

circumstances, the New Poor-law encountered great opposition, and this

appeared to be becoming progressively formidable. In the northern

parts of the country, indeed, Tories, Whigs, and Radicals alike arrayed

themselves against it, all agreeing to seek its entire abolition. The

subject had been introduced into the commons as early as the 27th of

November of the past year, when Lord John Russell moved for a select

committee to inquire into the operation of the New Poor-law. This

afforded, however, but little satisfaction to the opponents of the

measure; and on the 20th of February Mr. Fielden moved for a repeal of

the act itself. He was seconded by Mr. Wakley; and, in the course of the

evening, a discussion ensued, in which many members took part. Those

who spoke generally concurred in the impolicy of taking any steps in

the question until the committee should have made its report. Sir

Robert Peel bore testimony to the merits of the bill; remarking that,

considering the magnitude of the experiment, which had been but four

years under trial, it was as satisfactory as any man could expect. On

a division, the motion was rejected by a majority of three hundred and

nine against seventeen.

The commissioners made their report on the 4th of August. It had

been proposed to authorize the guardians to relieve the families of

labourers, by taking one or more of their children into the workhouse.

The report stated, “that in the practical application of this exception,

it would be difficult to avoid the establishment of a system similar in

principle to the scale system; i. e. a regular allowance, in addition to

the labourer’s earnings, depending on the number of his children and the

rate of wages.” It had further been proposed to obviate the hardship of

obliging a man to part with his cottage and furniture, and take up his

abode, with his family, in the workhouse, by admitting the head of the

family only into that establishment, and leaving his family at home. The

report stated an objection to this proposal thus:—“The small degree of

inconvenience sustained by the labourer by a temporary sojourn in the

workhouse, whilst his wife and family remain at home, ceases altogether

to have the effect upon the employer which is produced by the strict

workhouse system; namely, the creating a great reluctance, on his part,

to lose temporarily the services of the labourer, lest he should find

it impossible to regain them; and a desire so to arrange the work of

his farm, as to afford employment, during the unfavourable part of the

season, to those upon whose assistance he must rely for the necessary

services during the more active periods of the year.” The report

proceeded to notice other particulars of the system, as the migration of

families from the southern to the northern counties; and the emigration

of others to the Australian colonies. It remarked, that the most

important and characteristic circumstance of the last twelve months had

been the extreme severity of a long winter, and the continuance of the

interruption to manufacturing industry which had commenced in 1836. From

this circumstance the guardians of various unions had been induced to

give out-door relief to able-bodied male paupers, but the commissioners

were of opinion that, with few exceptions, it might have been safely

withheld.

COMBINATIONS IN ENGLAND AND IRELAND.

For some years combinations of workmen for the purpose of regulating

the rate of wages, and other matters connected with the employment of

labour, had been permitted by law to exist. At this time, however,

these confederacies had become formidable. “Strikes” were constantly

recurring, so that the masters lay at the mercy of the operatives. Thus

at Ashton fifty-two mills and thirty thousand persons were thrown out

of work, by the “strike” of three thousand “coarse spinners,” who could

clear at the time about thirty shillings per week; and at Manchester one

thousand “fine spinners” struck work, because the masters would not pay

them more than thirty-five shillings per week. At Glasgow, where the

cotton-spinners had been long noted for the violent and arbitrary

proceedings of their confederacy, five individuals connected with their

body were taken up, charged with murder, attempts at arson, and other

grave offences of a similar character. On their trial, the evidence

disclosed some revolting details of the practices and formidable

organization of the cotton-spinners’ union of Glasgow; but the jury

found the prisoners guilty of the minor charges only, and they

were transported for seven years. There was much in these judicial

proceedings that, in the opinion of Lord Brougham and Mr. Wakley,

required correction, and accordingly they brought the subject under the

consideration of parliament, each in their respective spheres.

The subject was introduced by Mr. Wakley in the house of commons,

by moving for a select committee to inquire into the constitution,

practices, and effects of the association of operative cotton-spinners

in Glasgow and its neighbourhood. Mr. O’Connell moved, by way of

amendment, for a select committee to inquire into trades’ unions and

combinations generally, in the United Kingdom. He remarked that

there was no tyranny equal to that which was exercised by the trades’

unionists in Dublin. He had in vain wished to convince those people of

the wickedness and impolicy of their proceedings. Hour after hour had

he had interviews with the deputation from the various trades, and had

seldom met with men of more ability, information, or skill, in putting

forward their own views. He had also challenged discussion, and two

assemblies had been held for that purpose; but the workmen had concerted

interruption, and they could not proceed in the business of the day. He

could not be heard, and they expressed their determination to persist in

their system of outrage. Mr. O’Connell proceeded to detail some of the

more prominent regulations of the combination. One of their rules was

to limit the number of apprentices; another prescribed a minimum rate of

wages, so that the best workmen received no more than the worst; and

by a third the masters were deprived of all freedom in their power of

selecting workmen. The honourable gentleman then proceeded to relate

some instances of the prejudicial effects of combination on the

manufacturing industry of the country; and he concluded by adverting to

the murders and outrages committed by stipendiary assassins acting under

the authority of the unions, and by asserting that he had no wish

to re-enact the old combination laws. Some combinations were even

meritorious: his aim would be to separate unions of this kind from those

of a pernicious character. The chancellor of the exchequer paid some

just compliments to Mr. O’Connell for the course he had pursued with

respect to this subject, and said that he proposed a second amendment,

which did not materially differ from that of the member for Dublin. He

moved for a select committee to inquire into the operation of the 6th

of George IV., and into the general constitution of trades’ unions, and

also the combinations of workmen and masters in the United Kingdom. Mr.

Wakley expressed himself satisfied to leave the question in the hands

of her majesty’s ministers, and the chancellor of the exchequer’s motion

was agreed to without a division.

JOHN THOM. ALIAS SIR WILLIAM COURTENAY.

A few years back an individual of the name of John Nicholls Thorn

left his home in Cornwall, and went into the county of Kent. Here he

exchanged his name for the more euphonious one of Sir William Courtenay,

Knight of Malta, and he commenced a practice of parading his naturally

commanding person before the admiring people, clad in rich costumes, and

pouring forth streams of exciting and persuasive eloquence. Attracted by

his romantic appearance, the populace flocked round him with the wildest

enthusiasm; and even the superior classes of society, furnished him with

partizans. In 1833 he became a candidate for the representation of the

city of Canterbury, and he succeeded so far as to poll nine hundred and

fifty votes. Not long after, however, he was found to be implicated in

a transaction which resulted in his conviction for perjury, and he was

sentenced to six years’ transportation. Decided symptoms of insanity

having exhibited themselves, instead of being sent on board the hulks,

in conformity with the act 9th George IV., he was removed from Maidstone

gaol to the county lunatic asylum. He remained here four years, and at

the expiration of that period, Lord John Russell, in virtue of a power

conferred on him as secretary of state by the same act, delivered him up

to his friends upon their engaging to take care of him. His friends ill

discharged their duty; for in 1838 John Thom reappeared in Kent, and

this time under a higher title than that of baronet: he claimed to be,

and the people acknowledged his pretensions as, another Messiah. The

delusion led to the “Canterbury riots,” in which a constable was shot by

Thom himself, and Lieutenant Bennet was killed by some of his

enthusiastic followers. Thom on his trial was proved to be of unsound

mind; and several of his followers were sentenced to be transported,

some for life, and others for longer or shorter periods of time,

according to the parts they had acted in the tragical scene.

COMMITTEE ON CHURCH LANDS.

It has been seen in a former page that a committee had been appointed

to ascertain the probable amount of any increased value which might be

obtained by an improved management of church property. On the 3rd of

May Lord John Russell proposed the reappointment of this committee. He

estimated the revenue of the church of England at £3,439,767, and

he calculated this income would admit of considerable increase. With

respect to the disposal of such additional revenue, when obtained,

his lordship said that both himself and colleagues held it as a

fixed principle that it ought to be devoted to a purpose clearly and

intimately connected with the church. Many honourable members were

of opinion that such a fund should be applied to the education of the

people: government would prefer to dedicate it to the repairs of the

fabric of the church itself. His lordship then entered into details to

show that the present system of managing church property was improvident

and unsatisfactory; and that the funds of the church were often disposed

of in a way contrary to their original purposes, and not desirable

for the spiritual interests of the country. By proper arrangements he

expected that an annual surplus of £300,000 might be secured. The motion

was opposed by Mr. Liddell, who, in moving a direct negative to it,

observed that government had been stimulated to stir this “mischievous

question, and unsettle men’s minds and properties by the clamour of

persons hostile to the church.” The church of Durham, he said, was the

great object of their appetency. It certainly had rich possessions, but

then its charities were in proportion. It had, moreover, crying wants:

many of its cures were underpaid, and many new churches were requisite,

for which there were no adequate means of endowment. The honourable

gentleman concluded by saying, that should the motion for a committee

be carried, he would further move the addition to it of the following

words:—“with a view of applying such amount to the gradual diminution

of the evils which flow from the deficiency in the means of religious

instruction and pastoral superintendence by ministers of the established

church.” The original motion was carried by a majority of two hundred

and seventy-seven against two hundred and forty-one; and Mr. Liddell’s

second amendment was lost by a majority of two hundred and sixty-five

against two hundred and fifty-four.

ACT FOR ABOLISHING PLURALITIES, ETC.

During this session an act was passed for “abridging pluralities,” and

for making better provision for the residence of the clergy. This bill

enacts that no person holding more benefices than one shall accept and

hold any cathedral preferment or other benefice; and that no person

holding preferment in one cathedral shall hold any in another, with

certain exceptions in favour of archdeacons. The bill further enacts

that two benefices are not to be enjoyed together, unless within ten

miles of each other, nor if the population of the one exceeds three

thousand, or the joint revenue £1,000, unless the yearly value of

the one fall short of £150, while the population exceeds two thousand

persons; in which case the bishop of the diocese may authorize the two

to be held jointly, though at the same time it was made necessary to

obtain a dispensation from the Archbishop of Canterbury. By another

clause of the bill any spiritual person in the possession of preferment

is prohibited from farming more than eighty acres of land without the

consent of his diocesan, and from engaging in any trade, unless in

cases where the number of partners exceed six, or where the share in a

business may devolve upon the individual by operation of law; but in

no case may such person carry on or manage trade personally. The bill

finally empowers the bishops to grant dispensations to their clergy from

residing in the parsonage-houses when unfit to be occupied, provided

that the residence selected be within a certain distance of the cure,

and further enumerates a variety of other instances in which the bishops

may grant licences for non-residence.

During this session also, in consequence of a recent decision in the

court of exchequer, that it was unlawful for a clergyman to be a member

of a joint-stock company, an act was passed, altering the law on that

head. In 1817, an act had been passed prohibiting all spiritual persons

from engaging in any trade for gain or profit, and imposing a penalty

upon transgressors of the law. It also declared the acts of any

partnership into which such spiritual person had been introduced to be

null and void.

On the 22nd of February the Earl of Ripon announced to the house of

lords that the ecclesiastical commissioners had resolved to recommend

the continuance of the bishopric of Sodor and Man as a separate see,

and not to unite it with the diocese of Carlisle, as had been proposed.

During this session, therefore, a bill was passed for continuing the see

upon its original footing.

THE SUBJECT OF EDUCATION DISCUSSED IN PARLIAMENT.

On the 1st of December Lord Brougham brought the subject of national

education under the consideration of the house of lords. His lordship’s

plan was disclosed in two bills, corresponding with that which he had

brought forward in the preceding session, and which were only separated

for the sake of convenience. The measure of Lord Brougham seems to have

been conceived in an enlightened spirit, and its outline exhibits

many excellent features; but it was clear that there would be great

difficulty in carrying out its details. The bill was generally approved

of, and was read a first time, but it did not come again under the

consideration of parliament during this session.

THE QUESTION OF CANADA RENEWED.

While parliament was sitting, Lord Durham sailed for his seat of

government in Canada; and news arrived of his first acts in that

province. Before his lordship had sailed, however, attacks were

made upon him by the opposition, although they had exercised so much

forbearance towards him at the outset of his mission.

The main attack on Lord Durham was opened in the house of lords on the

30th of July. Of the many important matters which Lord Durham found on

his arrival in Canada unsettled, the disposal of the state prisoners was

“by far the most delicate and dangerous.” This difficulty was increased

by the restrictions which the home-government had thought it expedient

to impose upon the governor-in-chief. These restrictions were contained

in a letter written by Lord Glenelg, and were to this effect:—“From the

very commencement of the late disturbances it has been, as your lordship

is aware, the earnest desire of the government, that the utmost lenity

compatible with the public safety should be exercised towards the

insurgents. This is a principle inculcated in my various despatches

to the authorities of Lower and Upper Canada, and it is a principle

supported by considerations, not only of humanity, which cannot be in

such cases admitted as the exclusive test of right conduct, but also of

true policy, in reference to the well-being of the Canadas. You will,

I am persuaded, enter into the views of the government on this subject;

and in order to enable you to act with promptitude in this respect,

you are relieved from the restrictions by which your predecessors

were prevented, in case of treason, from giving an absolute pardon, or

granting more than a respite, till the royal pleasure should be known.

The power thus entrusted to you, of granting an amnesty or pardon in all

cases, should, in the opinion of her majesty’s government, be exercised

largely, but not entirely without exception. Independently of persons

committed on charges of murder, to whose cases I have referred in my

despatch of the 19th of March to Sir J. Colborne, as exceptions to the

class of cases fit to be included in an amnesty, there must probably

among the prisoners be some flagrant and prominent cases of delinquency,

which it would not be just or advisable to comprehend in the general

lenity. These cases it will be for you to select, in order that they may

be brought to trial. In the constitution of the tribunals before which

these prisoners are to be arraigned, and in the conduct of these trials,

her majesty’s government are, after full deliberations, satisfied that

there should be no further deviation from the established mode of legal

procedure, than was sanctioned in my despatch to Sir J. Colborne. You

will, therefore, bring them to trial in the usual manner before the

courts of justice, as at present constituted for the trial of criminal

offences. By the verdict of the ordinary juries, the fate of the

prisoners must be decided.... Except in cases of murder, capital

punishments should be avoided.” In dealing with this difficult subject

Lord Durham availed himself of the assistance of his special council,

the members of which were Vice-admiral Sir Charles Paget, Major-general

Sir James Macdonnell, Colonel Couper, the governor’s military

secretary, and principal aide-de-camp, Colonel Grey, and Mr. Charles

Buller. The council met on the 18th of June; but it was not for the

purposes of consultation that Lord Durham convened his board, for on the

very day on which they were summoned to meet, appeared the celebrated

ordinance, by which Lord Brougham not only accomplished his fall, but

contrived that all the odium of the transaction should attach to the

ministers themselves The nature of this ordinance will be clearly seen

in the following debates which took place in both houses of parliament.

On the day before mentioned (30th July), when the attack was opened on

Lord Durham in the upper house, Lord Brougham called the attention of

the peers to the ordinance which had been passed by the noble governor

of Canada, asserting that if carried into effect it would involve the

crime of murder, the whole proceeding being at variance with law. Seven

days after, Lord Brougham renewed the attack. No power, he said, to

inflict pains and penalties upon individuals who had not been brought to

trial, which that ordinance usurped, was conferred upon Lord Durham.

He might make general laws for the good government of the colony, but

subject to an exception which restrained him from altering any act

of the British parliament. The ordinance in question contravened the

provisions of the act 7th William III. “for the trial of treasonable

offences;” and if Lord Durham had the power of dispensing with that act,

he might condemn in every case as traitors men against whom no witnesses

had been examined, and into whose alleged offences no inquiry had

been made. Lord Glenelg remarked that Lord Durham had been placed in

a situation of extreme difficulty: he had been solicited for extreme

punishments on the one hand, and for a complete amnesty on the other;

he had adopted a middle course, and when his decision was announced, it

gave general satisfaction. Lord Brougham replied, that the noble earl

might have accomplished all he was desirous of doing without a breach of

the law. If he had said to parties accused or suspected, “I won’t bring

you to trial, if you conduct yourselves properly,” he would have acted

in a legal manner; but instead of doing this, he said, “I shall send

you to Bermuda; and if you leave that island, I declare you guilty of

high-treason.” Lord Melbourne deprecated such rigid criticism. He owned

that the clause in the ordinance which related to Bermuda was an error

on the part of Lord Durham, but he declared his belief that the whole

of the remainder was perfectly legal, and warranted by the powers which

parliament had committed to the noble governor of Canada. On the other

hand Lord Ellenborough contended that all the penal provisions of the

ordinance were illegal, and that the whole transaction was alien from

the spirit of British jurisprudence. The Duke of Wellington said that

he did not approve of the constant attacks on Lord Durham; but he really

thought that steps should be taken to set the government of Canada right

on proceedings which appeared to be illegal. Lord Brougham followed up

the course he had taken on the following night by introducing a bill

“for declaring the true intent and meaning of an act passed in the

present session of parliament, intituled ‘An act to make temporary

provisions for the government of Lower Canada,’ and for indemnifying

those who have issued or acted under a certain ordinance made under

colour of the said act.” This bill was read a first time in silence,

but on the second reading on the 9th of August, Lord Brougham, by way

of preface, propounded certain “canons of policy” by which the

administration of the government of Lower Canada, during the suspension

of the constitution ought, in his opinion, to have been directed. The

bill introduced by Lord Brougham was so loosely framed that it afforded

Lord Glenelg fair occasion for criticism. He availed himself of

this opportunity of encountering his adversary with some effect. In

conclusion, Lord Glenelg observed that the bill before the house was not

a mere declaratory act, but a new law restricting the powers which the

act of that session had already conferred upon the governor of Canada.

It would be inexpedient and extraordinary, if, having invested Lord

Durham with plenary authority, they were suddenly to abridge the powers

which he had been led to suppose he possessed. A warm and acrimonious

debate was maintained by the Earl of Ripon, the Duke of Wellington, and

other opposition peers on the one hand, and Lord Melbourne and the lord

chancellor on the other. The two ex-chancellors made themselves very

remarkable on this occasion, Lord Brougham manifesting the utmost

excitement, and the most bitter personal hostility to Lord Durham,

to whose instrumentality he attributed his being overlooked by Lord

Melbourne in his cabinet arrangements. Lord Lyndhurst did the excellent

qualities of Lord Durham justice, and displayed a calmness in debate

which contrasted strikingly with the irritability and personalities of

Lord Brougham. The debate brought forcibly to light the disposition of

Lord Durham to carry matters with a high hand in his new government,

and his deficiency in that wariness and prudence so essential to a chief

governor. After a few remarks from Lord Brougham, the bill was read

a second time by a majority of fifty-four against thirty-six. On the

following day Lord Melbourne informed the house that ministers had

resolved to advise the queen to disallow of the whole ordinance. It was

with the deepest regret and alarm that they had taken this course; nor

was it without the greatest apprehension of the consequences that they

had come to this determination. His lordship then intimated his approval

of the indemnity bill, and that he should in a future stage of the

proceedings move a clause explanatory of Sir William Follett’s proviso.

Lord Brougham commended ministers for their “judicious, wise, politic,

and most virtuous resolution.” The Duke of Wellington was by no means

inclined to sanction Lord Melbourne’s proposed explanation of the

proviso: Sir John Colborne had acted under the law as it stood, and

must have found it sufficient for the purpose. The Marquis of Lansdowne

remarked, that if the noble lords opposite acquiesced in the mode in

which Sir John Colborne had exercised his authority; if they admitted

that he had not exceeded the law, Lord Melbourne’s proposed clause would

be unnecessary. That gentleman had been permitted to pass an act

of attainder, which had lain unnoticed on the table for six weeks.

Ministers only claimed for Lord Durham the power which was conceded to

his predecessor: he desired to know whether Sir John Colborne had acted

in conformity with the law. Lord Brougham replied, that Lord Durham’s

powers were coextensive with those of Sir John Colborne; but as to

whether or not that officer had exceeded the limits of his authority, he

begged to say that he did not feel himself at liberty to answer. It

is quite clear, indeed, that no noble lord could have answered this

question satisfactorily; for if Lord Durham had been guilty in passing

an act of attainder, the same guilt must have attached to Sir John

Colborne; and if the one had been pronounced innocent, the other must

have shared in his innocence. This question, which was one of the

greatest importance, however, was allowed to pass over; and in the

course of the evening Lord Melbourne moved the insertion of his

explanatory clause, which, after reciting the proviso, proceeded to

declare, that it should not extend to prevent the governor and council

from passing such laws as might be necessary for the safety of the

province, or from providing for the punishment or detention of persons

engaged in conspiracies against the government. By the results of this

clause, in fact, and the discussions which followed, Lord Brougham’s

bill was stripped of its declaratory character, and reduced to a mere

act of indemnity to the parties concerned in the transportation and

detention of the Bermuda prisoners. In this mutilated condition Lord

Brougham moved the third reading of the bill, which he did with evident

reluctance, inasmuch as he rightly considered that its chief value lay

in its declaratory character. “As I have been accidentally mixed up with

this business,” said his lordship, “I have no hesitation in moving the

third reading of the bill, as it now stands, although quite sensible

that I am making that motion on the part of her majesty’s government.”

On this occasion the lord-chief-justice Denman spoke on the question for

the first time. His objections to the ordinance were directed to a gross

violation of the constitution. As to the indemnity, he was entirely

opposed to it; the passing of such bills was one of the most

unjustifiable practices of parliament. Publie functionaries might

be justified by their good intentions in overstepping the law; but

parliament had no right to say to the parties who had suffered by such

excess of authority, “You can have no redress against those persons who

have wronged you, because it is our pleasure to indemnify them.” “If

indeed,” he continued, “parliament are of opinion that individuals,

actuated by a good and upright intention, and only zealous for

the public service, have broken the laws, let them indemnify those

individuals out of the public purse, against the consequences of the

legal proceedings that may be instituted; but let them not leave the

injured party without a remedy.” The bill was finally read a third time,

and passed in the lords.

Lord Brougham’s bill was introduced into the house of commons on the

13th of August, and read a first and second time without any discussion.

On the following day, however, Lord John Russell brought the subject

before the house. His lordship said it was his intention to submit to

the house of commons a proposal which he made with extreme reluctance;

namely, that they should assent to the bill as it came down from the

lords without any amendment. He presumed that no objection would be made

to the indemnity which it was the object of the bill to provide; and he

then explained in what sense he understood the act for governing Canada.

The discussion which ensued was similar in argument and spirit to the

debates in the house of lords. The house went into committee on the

bill. No amendments were introduced; and on the 15th of August Lord

John Russell moved the third reading, which, after a short debate, was

carried without a division.

QUEEN PROROGUES PARLIAMENT.

The queen prorogued parliament on the 16th of August. Being seated on

the throne her majesty was addressed by the speaker of the house of

commons on the subject of the suspension of the constitution of Lower

Canada, and the Irish poor-law and tithe bills. The queen then gave the

royal assent to a series of bills, after which she proceeded to read the

speech. In the speech her majesty lamented that war still continued in

Spain; adverted to the affairs of Canada; noticed the progress which

had been made towards the entire abolition of negro-apprenticeship; made

some approving observations on the attention which had been bestowed

upon the amendment of the domestic institutions of the country; thanked

the commons for providing for the expenses of her household, &c.; and

expressed her satisfaction in having given her assent to a bill for the

relief of the destitute poor in Ireland. Her majesty concluded thus: “My

lords and gentlemen,—The many useful measures which you have been able

to consider, while the settlement of the civil list and the state of

Canada demanded so much of your attention, are a satisfactory proof

of your zeal for the public good. You are so well acquainted with the

duties which now devolve upon you in your respective counties, that it

is unnecessary to remind you of them, In the discharge of them you may

securely rely upon my firm support; and it only remains to express an

humble hope that Divine Providence may watch over us all, and prosper

our united efforts for the welfare of our country.”

DISAFFECTION AMONG THE WORKING CLASSES.

During the autumn of this year a turbulent spirit displayed itself among

the working classes in the manufacturing districts. Meetings were held

in various quarters, and demagogues addressed the assembled multitudes

in the most inflammatory language. The twofold cause of this

disaffection was the poor-laws and the price of bread; and as a remedy

for these evils the people were taught to ask for universal suffrage.

A favourite practice with the parties to these transactions was to

assemble by torchlight in the open air—a practice which gave a mystery

to the meetings well calculated to strike the imagination of the vulgar,

and which gave those whose employment did not admit of their being

present in the daytime, an opportunity of attending them. The speeches

delivered at these meetings have been well characterized as “furious

nonsense;” but at the same time they were calculated to work mischief

in the community. Happily, however, the Whigs were in office, and for

their own interest’s sake they restrained these ebullitions. Had there

been a Conservative government, possibly the danger might have been

greater.

PROPOSED REDUCTION OF THE RATES OF POSTAGE.

At this time the question of an alteration in the rates of postage was

beginning to occupy attention. A proposal was submitted to the country

by Mr. Rowland Hill, for substituting a uniform rate of one penny upon

every half-ounce, without any reference to distance. This scheme was

loudly applauded by all classes of society; and the subject was referred

to a committee of the house of commons. The report of this committee

was, that the high rates of postage then in existence were extremely

injurious to the community, interfering with moral and social

improvement; restricting commercial enterprise; impairing general

national prosperity; restraining the progress of art and science;

circumscribing the operations of religious societies, and acting as a

grievous tax upon the poor. The report further stated that the illicit

conveyance of letters prevailed to a great extent, and was on the

increase; that the law was impotent to arrest the practice; and that the

only mode of effectually suppressing it would be to reduce the charges

to the standard of the contraband carrier. The report recommended that,

prior to the establishment of an uniform rate of one penny, a similar

rate of twopence per half-ounce on inland general-post letters should be

adopted at the rate of one penny with every additional half-ounce, with

certain exceptions. It further suggested that as soon as the revenue

would bear a large temporary reduction, it would be expedient to subject

all inland letters to a penny postage the half-ounce, increasing at the

rate of one penny with every additional half-ounce. It advised also

that payment of postage should be required in advance; and for the

facilitation of this plan, recommended the adoption of stamped covers,

which should have the effect of franking the letters enclosed. The

use of these stamps was to be made compulsory as soon as justified by

experience. At this time, the report added, it was calculated the number

of letters, &c., passing through the post-offices of the United Kingdom

were from 75,000,000 to 80,000,000 annually; of which about 5,700,000

were general-post letters. The number of franks was about 7,000,000; and

of newspapers, 44,000,000.

THE STATE OF IRELAND.

As usual, Mr. O’Connell devoted his time during the parliamentary recess

to “agitation.” A series of manifestoes issued from his retreat at

Derrynane Abbey, all well calculated to stir up the evil passions

of human nature. Nor were these missiles the only instruments of his

agitation. On the very day of his arrival in Dublin, after parliament

was prorogued, he convened a meeting of his constituents for the morrow,

in order to take into consideration “ulterior measures, to procure from

the British legislature ‘full justice for Ireland,’ or to provide for

the contingency of a perseverance in the refusal of that legislature to

right the people of Ireland.” Accordingly, a large concourse of people

assembled at the Corn-exchange, and were addressed by the demagogue

in that braggart style which he well knew would win its way to their

feelings. In his speech Mr. O’Connell intimated his intention of forming

a new association, the exertions of which were to be directed to obtain

for Ireland a greater share in the representation of the United Kingdom.

He developed his plan for accomplishing this design in a series of

letters to the people. In these letters he founded his allegation, that

Ireland had not her fair proportion of members of the house of commons,

on this data. By the last census it appeared that the population

of England and Wales was 13,899,675; of Scotland, 2,365,930; and of

Ireland, 7,943,940. Scotland, he said, had fifty-three representatives,

while Ireland had only one hundred and five; so that the Scotch had more

than half the number of representatives possessed by the Irish; whereas,

in order to be on an equality, the latter ought to have one hundred and

fifty-nine. In order to be on an equality with the English, he said,

they ought to have one hundred and sixty-six; but Mr. O’Connell said

that he would be satisfied with one hundred and fifty. In order to

obtain that number he proposed the organization of an association

sufficiently numerous to speak the sentiments of all Ireland. For this

purpose, he said, the “Precursor Society” had been established, and

was now in progress of enrolment. Mr. T. M. Ray was secretary to the

“Precursor Society,” and to become a member it was necessary to pay

him one shilling at the enrolment. All the population might have the

privilege of enrolment—men, women, and children—for the more shillings

that were paid, the better for the pockets of the agitators. The

operations of the society was to be conducted by local boards,

corresponding with that over which Mr. Ray presided at the Corn-exchange

Rooms, Dublin. The duty of the “Precursor Society,” in every parish,

was to procure petitions to parliament for “justice to Ireland;” for a

corporate reform; for an amendment of the law of election, and extension

of the suffrage, and an increase of representatives. The precursors

were also instructed to furnish accurate details of the state of the

franchise in every parish, and to keep up and extend the registry. This

was what Mr. O’Connell designated in one of his letters as “one great

experiment more to obtain justice;” and if this failed, then he would

have repeal.

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