Palmerston of the address which had been carried on the subject of the
Portuguese slave-trade, and begged to be informed whether the government
had succeeded in obtaining a treaty with Portugal, or were prepared to
resort to the measures promised by the noble lord in the event of the
failure of such negociations. In reply, Lord Palmerston stated, that
after four years spent in negociation, a note, which had just been
received from Lord Howard de Walden, assured him that there was no
longer any hope of procuring the assent of the Portuguese cabinet to
a treaty for the suppression of the traffic. It was, therefore, the
intention of government to introduce a bill which should give to her
majesty’s cruisers and commissioners the same right of search with
regard to slave-trading vessels met with below the line, which they
already possessed in the case of those which were found north of the
equator. This bill was introduced on the 10th of July, and it passed
through all its stages in silence until it arrived at the second reading
in the house of lords. On that occasion Lord Minto said, that he deemed
it necessary to state the present condition of the law relating to
the slave-trade, and the existing treaties between Great Britain and
Portugal. The most important of these treaties, his lordship said,
was that of 1815, by which the slave-trade was declared illegal; and
Portugal undertook to bring about its eventual abolition, consenting in
the meantime not to suffer her flag to be employed in that traffic
for any other purpose than to furnish slaves for her own transatlantic
dominions. For this concession England had agreed to pay, and had paid,
£600,000. In 1817, an additional convention was entered into, defining
still more precisely the limits within which the slave-trade to the
Brazils was to be exercised. By this treaty the Portuguese government
undertook, within two months from the date on which it was signed, to
pass a law declaring the commerce in question unlawful, and subjecting
persons implicated therein to punishment. It was further stipulated
that, within a specified period, Portugal should treat with this
country for the final abolition of the slave-trade, and assimilate its
legislation on the subject with that of Great Britain. His lordship
went on to say, that when Portugal ceased to hold the Brazils, the
slave-trade ought to have been abolished, as there were no longer any
transatlantic possessions to which the terms of the treaty would apply.
Yet, notwithstanding these engagements, the traffic had been carried on
almost entirely under the flags of Portugal and Spain. With the latter
country, however, we had concluded an efficient treaty, which gave
us the power of seizing vessels equipped for the slave-trade, without
waiting till they had taken on board their miserable cargo, which gave
rise to hopes that this would have the effect of extinguishing the
trade. It was desirable that we should obtain similar conditions from
Portugal; and he was bound to say that the persons opposed to the
abolition were not the Portuguese people, but certain influential
parties who were interested in the maintenance of the contraband
commerce, and continued to violate the treaty with the sanction of the
Portuguese government. In conclusion, his lordship entreated the house
to pass this bill, which had been introduced in redemption of the pledge
given by government in the last session, and formed an indispensable
preliminary to any undertaking upon a greater: scale. Through the
influence of the Duke of Wellington the bill was rejected by a majority
of thirty-eight against thirty-two.
On the 2nd of August Lord Brougham moved the following resolution on
the same subject:—“That an humble address be presented to her majesty,
praying her majesty, by all the means within her majesty’s power, to
negociate with the governments of foreign nations, as well in America as
in Europe, for their concurrence in effectually putting down the traffic
in slaves; and also, that her majesty will be graciously pleased to
give such orders to her majesty’s cruisers as may be most efficacious
in stopping the said traffic, more especially that carried on under
the Portuguese and Brazilian flags, or by the Brazilian and Portuguese
ships, assuring her majesty that this house will cheerfully concur with
the other house of parliament in whatever measure might be rendered
necessary, if her majesty shall be graciously pleased to comply with
this prayer.” Lord Brougham intimated that he moved this address under
the apprehension that if it went out to Portugal that the bill recently
rejected was done so by the unanimous opinion of the house of lords,
their lordships might be represented as giving a sanction, which none
of them had ever contemplated, to so odious a traffic. The motion for
an address, after some observations from the Duke of Wellington, the
Marquis of Lansdowne, and the Earl of Minto, was agreed to, and ordered
to be communicated to the other house. On the 8th of August the Duke
of Argyle, as lord-high-steward of the household, announced that her
majesty had been waited on with the address, and returned the following
gracious answer:—“I receive this address with great satisfaction. I
will direct orders to be given to my cruisers in accordance with your
wishes, fully relying upon your assurance that you will concur in the
measures which will thus be rendered necessary.”
On the same evening, in the house of commons, Viscount Palmerston moved
for leave to introduce another bill in the place of that which had been
rejected. After stating the grounds of objection against the former
bill, the noble lord proceeded to unfold the nature of the clauses in
the new bill. Although, he said, the crown might undoubtedly, by its
prerogatives, take measures which would effectually put down Portuguese
slavers, there were still inconveniences which demanded a remedy. The
officers, his lordship said, acting under its orders, would be exposed
to harassing suits in the courts of law at London; and, although we
might capture ships, and deal with them accordingly, it would not be
proper of this country to dispose of vessels which were the _prima
facie_ property of subjects of other states without having proved
before some court of record the grounds of such proceedings. An act was
therefore required to define what constituted a slave-trader. It was not
considered necessary for the slaves to be on board: a ship equipped in a
certain manner was a proof that she was engaged in the slave-trade; but
the courts of admiralty could not condemn a ship on that ground without
an act of parliament. It was further requisite, to enable the crown, by
the same proceeding, to give to those who capture slave-vessels under
this treaty bounties similar to those secured by conventions with other
powers. These provisions, his lordship thought, would be sufficient to
put down the commerce carried on by the Portuguese flag, and a great
point would thereby be accomplished. After, indeed, that they had
united all the flags in Christendom to put down this horrid traffic,
the slavers might repudiate all flags, and divest themselves of
every document which might enable th captor to identify them with any
particular nation. That would be the last refuge of despairing crime;
and in order to meet those circumstances, he would propose a clause
by which such a ship should be dealt with as though it were an English
trader, unless it appeared, in the course of the trial, that she
belonged to some particular state, in which event the case should not
be adjudicated by the court of admiralty, but dealt with as if at the
outset she had been of the nation to which she was ultimately shown to
belong. His lordship added, that when the nations of Europe were once
united in giving a mutual right of search, or the power of condemning
by a mixed commission, there would no longer remain any defence for
carrying on the slave-trade under any European flag; and he reminded
the house that he had already concluded treaties with Chili, Grenada,
Venezuela, and that intelligence had recently arrived of a treaty made
with Buenos Ayres. After a few words from Dr. Lushington, Sir E. Inglis,
and Captain Pechell, leave was given to bring in the bill, and it was
brought in and read a first time. The next evening it was read a
second time, went through a committee, and passed the commons without a
division.
The second reading of this new bill for the suppression of the
slave-trade was moved by Lord Melbourne on the 15th of August. Previous
to making this motion the noble viscount requested that the address
of the house of lords on the slave-trade, together with her majesty’s
gracious answer, should be read; and after explaining the provisions of
the measure, he stated that, in compliance with the prayer contained in
the address, her majesty had given directions to her cruisers to take
the most efficacious measures for putting down the traffic, and
that this bill was necessary in order to fulfil their lordships’ own
intentions and wishes, as expressed in their petition to the crown. The
Duke of Wellington still continued his opposition to this measure, and
he moved as an amendment that it should be read that day six months. He
was supported by Lord Ellenborough, who demanded that any orders which
had been issued to her majesty’s cruisers should be laid before the
house. The measure, however, was supported by the Bishop of London,
the lord chancellor, the Earl of Minto, and Lords Brougham, Denman, and
Colchester, and the second reading was eventually carried by a majority
of thirty-nine against twenty-eight. On the next evening, when the bill
was in committee, Lord Lyndhurst moved an amendment to the following
clause;—“That in case her majesty should please to issue orders to her
cruisers to capture Portuguese vessels engaged in the slave-trade, or
vessels of any state whatever engaged in the slave-trade, not having
on board, or the masters whereof should neglect to produce, on demand,
papers showing of what state she belongs;” which amendment was to this
effect:—“That in case her majesty should please to issue orders to her
cruisers to capture Portuguese vessels engaged in the slave-trade, or
any other vessels engaged in the slave-trade, and Hot justly entitled to
claim the protection of any flag.” This amendment, which was intended to
confine the operation of the bill to Portuguese vessels, and piratical
vessels engaged in the slave-trade, after some remarks from Lord
Brougham in opposition to it, was finally adopted, and on the 19th of
August it was read a third time without discussion. After it had passed,
the Duke of Wellington, who had put in a protest both against the second
and third reading, stated, that he still retained all his objections to
the principles of the bill; it still exhibited its criminal character,
for it was a breach of the law of nations, a violation of international
treaties, and would rather tend to encourage than to prevent the
traffic against which its enactments were directed. On the motion of the
chancellor of the exchequer the amendments were agreed to in the house
of commons, and the measure became law.
MOTION FOR THE BALLOT.
Circumstances had revived the interest attending the question of voting
by ballot, and thus encouraged, on the 18th of June Mr. Grote again
brought the subject forward in the house of commons. The motion was
seconded by Lord Worsley, and supported by Mr. Macauley; but was opposed
by Lord John Russell, who, on this occasion, spoke with unusual energy.
It was further opposed by-Lord Howick, Sirs J. Graham and Robert Peel,
and Messrs. Gaskell and Milnes. On a division it was rejected by a
majority of three hundred and thirty-five against two hundred and
seventeen: one cabinet minister only voted with Mr. Grote; but others,
who were in favour of it, absented themselves on the occasion.
ACT FOR THE BETTER ORDERING OF PRISONS.
During this session an act was passed for the “better ordering of
prisons.” By this act it was provided that prisoners might be separately
confined, though that separate confinement should not be deemed solitary
confinement. No cell was to be used for the separate confinement of
any prisoner which was not of such a size, and lighted, warmed, and
ventilated in such a manner as might be required by a due regard to
health, and which did not furnish the means of enabling the prisoner to
communicate at any time with an officer of the prison. Every prisoner so
confined was to have the means of taking air and exercise at such times
as should be deemed necessary by the surgeon, and was to be furnished
with the means of moral and religious instruction, and with suitable
books, as well as with labour or employment. All prisoners were to be
divided into the following classes: namely, debtors in those prisons in
which debtors might be lawfully confined; prisoners committed for trial;
prisoners convicted and sentenced to hard labour; prisoners convicted
and not sentenced to hard labour; and prisoners not included in either
of the foregoing classes.
MOTION FOR A COMMITTEE OF THE WHOLE HOUSE TO CONSIDER THE NATIONAL
PETITION.
On the 12th of July Mr. Attwood moved for a committee of the whole
house, to take into consideration a “National Petition,” which had been
presented on the 14th of June. In making this motion, Mr. Attwood stated
this petition was signed by 1,200,000 persons of the working classes. In
it the petitioners urged five demands: namely, universal suffrage,
vote by ballot, annual parliaments, remuneration of members for
their attendance in parliament, and the abolition of the property
qualifications. This proposal gave rise to a considerable discussion;
but it was rejected by a majority of two hundred and thirty-five against
one hundred and eighty-nine.
BIRMINGHAM RIOTS, ETC.
The defeat of Mr. Attwood’s motion was contemporaneous with alarming
riots at Birmingham. These riots arose out of the proceedings of the
Chartists. That dangerous body of men had recently resorted to many
methods, in order to impose upon the majority of the people that they
were the strongest party in the country, and that they could carry their
plans into effect without resistance. One mode of proceeding was to go
round from house to house with two books, and to say that those persons
who subscribed should be registered in one book, while those who did not
subscribe were entered in another. Those who put down their names paid
a small contribution, and received in return a ticket, which was to be
their security in a time of danger: non-subscribers were warned that a
time would come when their refusal would be remembered. Another practice
of these rash demagogues was to go in procession to the churches some
time before divine service commenced, and to take possession of the body
of the edifice; some smoking their pipes, and others wearing their hats.
These Chartist combinations were very prevalent throughout the country,
and in the early part of this year, these combinations in the different
cities of the United Kingdom proceeded to the election of deputies,
in order to form a national convention, which was to have moveable
sittings, and to be entrusted with the ultimate direction of their
proceedings. Out of this arrangement arose the “National Petition,”
mentioned in the previous article, and which was presented by Mr.
Attwood on the 14th of June. Having discharged this duty imposed on
them, the deputies proceeded to hold a national convention in the
city of Birmingham. By this step great activity was contributed to the
motions of the Chartists. It was their practice to assemble in great
numbers every evening, on the open place called the Bullring. They met
as usual on the 5th of July; but by this time the borough magistrates
had communicated with the home-office, and it was resolved to send down
sixty policemen from the metropolis to disperse them. The railway train
delivered them at Birmingham that evening, and they proceeded to
the scene of confusion, and directed the people to disperse. This
injunction, however, was unheeded, and then the police filed off four
abreast, and made for the monument of Lord Nelson, which stood in the
centre of the Bullring, and which was decorated with the flags of the
convention. The flags were captured by them; but the mob, when they
saw them in the hands of the police, recovered them by force, broke
the poles up into short sticks, and after a fierce struggle overpowered
their antagonists: several of the policemen were seriously hurt, and
more than one of them stabbed. At that juncture the 4th dragoons arrived
on the spot; riding by concert up every avenue which led to the place,
the Bullring was completely enclosed. Their appearance was the signal
for the people to disperse, and the routed mob proceeded, with the
cavalry in close pursuit, down Digbeth and up Broomsgrove-street, to
St. Thomas’s church. Hero they tore up the palisades, and made a brief
stand; but the tumult was eventually reduced: by midnight quiet was
restored, and the military, planting a guard in the great square,
returned to their barracks. In this encounter several Chartist leaders
were captured; as Dr. Taylor, the Paisley delegate to the convention,
and Messrs. Lovett and Collins. There was still, however, an
under-current of agitation: in fact, the late event was but the
precursor to a more furious storm. While it was taking place, Mr.
Attwood brought forward his motion for taking the National Petition
into consideration. The rejection of’ his motion irritated the already
inflamed minds of the Chartists. It was generally expected that Mr.
Attwood would on the 15th of July address them on his old ground at
Holloway-head. Under this apprehension the spot was occupied during the
day by small groups of artisans, who amounted at half-past six to about
two hundred. Several speakers addressed them; but when it was found
that Mr. Attwood would not come, an orator recommended them to form into
line, and parade through the principal streets. He recommended that they
should walk orderly; but instead of that they proceeded tumultuously to
the Bullring. No police were on the spot; and thus favoured, the mob,
having been reinforced from all quarters, proceeded down Moor-street to
the public office. All the windows of this building were broken by them;
and, under the impression that neither the police nor the military were
able to withstand them, the tumultuous concourse poured back into the
square. Weapons were now sought: broken flagstones, heavy bludgeons, and
scythes were brought into use, while some loosened the pavement for the
purpose of arming empty hands with missiles. The work of demolition
soon commenced: the houses of Mr. Bourne, a grocer, and Mr. Leggett, an
upholsterer, were plundered and set on fire. A simultaneous attack was
next made upon the Nelson hotel; and by casting the lighted brands into
other shops, which had been forcibly driven in, the mob were on the
point of kindling a general conflagration. At this point, however, the
police made their appearance; and at ten o’clock they were followed
by some magistrates and the military. The first onset was followed
by complete discomfiture: before the troops came up the ringleaders
escaped, and by midnight quiet again reigned. The morning, however,
showed a dismal scene of devastation: besides the premises which
were consumed by fire, nearly twenty shops were destroyed; and it was
reckoned that £40,000 would not cover the damages.
In consequence of these lamentable occurrences, and the excited state
of the northern districts of the kingdom, on the 22nd of July, Lord John
Russell announced his intention of taking the requisite precautions for
securing the tranquillity of the country, by placing at the hands of the
magistrates a better organized constitutional force for putting the law
into execution, and providing sufficient military means for supporting
them in the performance of their duty. On the next evening he moved
a resolution to authorize the treasury to advance £10.000 out of the
consolidated fund, for the purpose of establishing an efficient police
force at Birmingham, which was to be repaid out of the rates to be
levied on the said town. In explanation of this resolution, his
lordship stated, that there were difficulties in the way of an immediate
organization of such a force on account of the excited state of
Birmingham, and from the question lately raised in Manchester, with
regard to the corporation, whether the municipal body of Birmingham
had the power to impose a rate for the establishment of a police. Under
these circumstances he proposed that the state should interfere so far
as to advance certain funds, to be repaid by the town. This would not
be a vote of supply, but a vote forming the foundation of a bill which
should provide for the recovery of the money by a rate on the borough,
to be imposed by an act of parliament, and, therefore, irrespective of
the authority of the corporation. This resolution was carried, and a
bill was brought in, which became law. Similar bills, with the exception
of the advance of funds from the treasury, were subsequently applied to
Manchester and Bolton, to remain in force until the power of the civil
functionaries to raise a rate should be determined. A bill was also
passed, with the same intention, to enlarge the powers of the justices
of the peace for appointing county and district constables, and charging
their support upon the districts to which they might be nominated. This
measure, however, was not intended to be imperative; but justices in
quarter-sessions were authorized to report to the secretary of state
the necessity of an additional appointment of constables, wherever the
circumstances of their district should call for such an augmentation, in
a proportion not exceeding one for every one thousand of the population.
At the same time magistrates were to create one or more chief-constables
of the county, with whom should rest the nomination of petty-constables
and a deputy. A further enactment forbade any constable under the
provisions of this hill from voting at an election, or exercising any
other employment. In order further to secure the peace of the country,
Lord John Russell subsequently moved that an addition of five thousand
men should be made to the present military establishment; and after
an amendment by Mr. Hume, which was unsuccessful, the house went into
committee, and a vote of £75,000 was carried for the increase of the
army.
THE BUDGET—PROPOSED REDUCTION OF POSTAGE DUTIES, ETC.
The chancellor of the exchequer brought forward his financial statement
on the 5th of July. From his statement it appeared that the expenditure
had exceeded the estimates; chiefly in consequence of the war in Canada.
The estimates were £46,974,000, and the expenditure £47,760,000, so that
there was a deficiency of £786,636. Mr. Rice, however, stated that he
did not think himself justified in laying a permanent charge on that
account upon the country, and he proposed to meet the deficiency by a
vote of exchequer-bills on a subsequent occasion, in the nature of
a vote of credit. The chancellor of the exchequer next stated the
estimated income and expenditure of the present year; the former being
£48,128,000, and the latter £47,988,000, leaving an excess of £140,000.
In his statements the chancellor of the exchequer took a cheerful view
of the commercial prospects of the country; and he referred to the
increase of exports for the present year over those of 1838 as a symptom
of returning prosperity. So confident was he of a return of prosperity,
that he proposed to reduce the rates of postage. At this time there was
a committee sitting on the post-office acts; and Mr. Rice moved this
resolution:—“That it is expedient to reduce the postage charged on
letters to the uniform rate of one penny, for every letter of a weight
to be hereafter fixed by law; parliamentary privileges of franking being
abolished, and official franking strictly regulated. This house pledges
itself at the same time to make good any deficiency of revenue which
may be occasioned by such an alteration in the rates of the existing
duties.” In moving this resolution the chancellor of the exchequer said
that he proposed a penny rate, because he had been convinced by the
arguments and evidence of the committee that the latter expedient would
involve less loss to the revenue than a twopenny postage, which had been
recommended by the committee. After some observations from Mr. Goulburn
and Sir Kobert Peel, both of whom intimated further hostility to such a
change, the resolution was agreed to without a division. On the 12th of
July, when the order of the day was read for receiving the report of
a committee on the postage-acts, Mr. Goulburn rose for the purpose of
proposing a series of resolutions to be substituted for the report.
These resolutions were:—“That with a deficiency of revenue during
the three years ending on the 5th day of April, 1840, of not less than
£8,860,987, it is not expedient to adopt any measure for reducing the
rates of postage on inland letters to an uniform rate of one penny,
thereby incurring the risk of a great present loss to the revenue, at a
period of the session so advanced, that it is scarcely possible to
give to the details of such a measure, and to the important financial
considerations connected with it, that deliberate attention which they
ought to receive from parliament.” This amendment was opposed by the
chancellor of the exchequer, and supported by Sir Kobert Peel. After
a few words from Messrs. P. Thomson and Warburton in favour of the
proposition, the original question was carried by a majority of two
hundred and fifteen against one hundred and thirteen. The report was
then brought up and read; and on the question that the resolution
agreed to by the committee be read a second time, Sir R. Peel moved an
amendment to omit such part of the resolution as pledged the house to
supply any deficiency of the revenue occasioned by the reduction. This
amendment, however, was rejected, and the report agreed to; and on the
18th of July Mr. S. Rice brought in a bill, intituled, “An act for
the further regulation of the duties on postage until the 5th day of
October, 1840.” This bill was read a second time without a division, and
by the 29th of July it passed the commons.
The second reading was moved by Lord Melbourne in the house of lords on
the 5th of August; on which occasion the Duke of Wellington criticised
the manner and circumstances under which it had been brought forward in
the face of a deficiency of more than one million, which, considering
the state of our affairs both at home and abroad, was likely to be
greatly augmented by the 5th day of October, 1840. At the same time the
noble duke said that he would vote for the bill, and would recommend
their lordships to follow his example. Several other noble lords
addressed the house, chiefly in favour of the measure; and the bill was
then read a second time, and subsequently became law without further
opposition.
In his remarks on the postage-bill the Duke of Wellington recommended
ministers to reduce the amount of the floating debt, under the pressure
of which the market had been labouring, by funding exchequer-bills.
Apparently acting upon this suggestion, on the 12th of August Viscount
Melbourne and the chancellor of the exchequer made public their
determination, subject to the approval of parliament, to effect the
funding of four millions of exchequer-bills in the three per cent,
consolidated annuities. This arrangement was effected on the 17th.
PROROGATION OF PARLIAMENT.
In the house of lords the labours of the session were brought to a
close by a long and animated discussion on a motion made on the 24th of
August, by Lord Lyndhurst, for “a return of all bills that had arrived
from the house of commons since the commencement of the session, with
the dates at which they were brought up.” In his speech, the noble
lord directed the attention of the house to the fate of four important
subjects—the Irish municipal corporations, the affairs of Canada,
the recommendations of the ecclesiastical commissioners, and tire
administration of justice; after which he went on to pass under a
searching review, the whole parliamentary conduct of ministers in the
course of the expiring session. Lord Melbourne replied in an effective
speech. Lord Brougham contended that the country would be glad to see
the Conservatives return to office.
Parliament was prorogued by her majesty in person on the 27th of August.
After being addressed by the speaker on the various measures which had
occupied the attention of parliament, and after having given the
royal assent to several bills, her majesty read the speech, which the
lord-chancellor put into her hands, in her usual distinct and impressive
manner. The speech referred to the various topics which had engaged the
attention of parliament, and the differences which had lately sprung up
between the British government and that of Persia.
AFFAIRS IN THE EAST INDIES.
Her majesty, in her speech on the prorogation of parliament, alluded to
an army which the governor-general had led across the Indus. This
“army of the Indus” was put in motion for the western frontier at the
commencement of the present year; and the circumstances which led to so
important a proceeding were briefly these. The kingdom of Affghanistan
has been called the land of transition between eastern and western Asia:
a proverb says, “No one can be king of Hindoostan without first becoming
lord of Cabool.” The founder of the Affghan empire was Ahmed Shah, who
died in 1773. Ahmed Shah made several victorious incursions into the
East; and his son, Timour Shah, followed his example. The decease of
Timour Shah, however, delivered over the Affghan empire to the domestic
hostilities of his sons; and the rival tribe of the Barukzyes
took advantage of their dissensions to precipitate them from their
sovereignty. When, indeed, Sir Alexander Burnes visited Affghanistan in
1833, the only portion which remained in the hands of a descendant of
Ahmed Shah was the principality of Herat. The remainder was parcelled
out in the following manner between the usurping family:—Dost Mohammed
Khan ruled in Cabool; Sirdar Sooltan Mohammed Khan ruled Peshawar,
although his two brothers. Peer and Sared Mohammed Khan, shared its
revenues; and Candahar was governed by Kohun Dil Khan, assisted by
Ruhun Dil and Shere Dil, his two brothers. The chief of Cabool owed his
success to Futteh Khan, the chief of the great family of Barukzyes, and
the most powerful of the Affghan nobles. Futteh Khan, in fact, governed
the kingdom under the designation of vizier, while Mahmood abandoned
himself to debauchery. If Mahmood, however, submitted to the ascendancy
of his able minister, not so did his son, the prince Kamrau. By his
orders Futteh Khan was seized at Herat and deprived of his eyesight;
and a few months afterwards the unhappy vizier was literally hacked to
pieces by the courtiers of Mahmood, in the presence of that monarch.
In the days of his power Futteh Khan had distributed the different
governments of his kingdom among his numerous brothers, and this act
drove them into rebellion. Mahmood abandoned his throne without a
struggle, and, although he retained Herat, with the title of king,
became, in effect, a vassal of Persia. The Barukzye brothers were
left to dispose of his dominions at pleasure, and they determined on
recalling Shoojah to the throne, who after many perilous adventures had
fallen into the hands of Runjeet Sing at Lahore. Shoojah escaped from
Lahore; but the Barukzye brothers having taken offence at his arrogant
treatment of one of their friends, transferred their support to his
brother, Gyooh: the trappings of royalty were given to him, while
they retained to themselves the power and revenues of the kingdom. The
dismemberment of the Affghan empire, however, from this time proceeded
more rapidly. Runjeet Sing seized some of its finest provinces,
including Cashmere; Shere Dil Khan established himself at Candahar as an
independent prince; Dost Mohammed made himself master of Cabool; Sirdar
Sooltan Mohammed Khan became tributary governor of Peshawar; Balkh was
annexed to the kingdom of Bokhara; and the Ameers of Scinde declared
themselves independent. Gyooh fled to Lahore; and the only province of
the kingdom which remained in the hands of a descendant of the royal
family was Herat. The prince who governed Herat was Kamrau, who had
directed that the eyes of his lather’s vizier, Futteh Khan, should
be put out. Without directly acknowledging the sovereignty of Persia,
Prince Kamrau had been for some years in the practice of rendering an
occasional tribute to the shah, as often as the governor of the Persian
province of Khorassan was strong enough to extort it from him. At
this time, however, the prince of Herat refused to perform any such
engagement; and he even permitted his vizier to pass through Siestan
into Khorassan, where he compelled the chiefs of Khiva and Khafin to
pay tribute to his master, and carried away twelve thousand persons, and
sold them as slaves. This conduct of Kamrau furnished Mohammed Shah, the
Persian monarch—who had recently ascended the throne by tire
assistance of British officers, and supplies of money from the English
treasury—with a pretext for endeavouring to make himself master of
Herat. There was an existing treaty between England and Persia, which
stipulated “that if war should ensue between the Persian and Affghan
governments, the English government should take no part in it; nor
should give assistance to either party, except as a mediator, at the
solicitation of both parties, for the purpose of producing peace.” Had
the Persian monarch limited his views to an attack upon Herat, this
treaty would have been binding on the English nation; but it soon became
evident that he extended them to Ghizni and Candahar. Mr. Ellis, who had
been sent to Persia as British envoy in the year 1835, thus wrote at the
commencement of the following year:—“The intention cannot be mistaken:
Herat once annexed to Persia, may become the residence of a Russian
consular agent, who would from thence push his researches and his
communications, avowed and secret, throughout Affghanistan. Indeed, in
the present state of the relations between Persia and Russia, it cannot
be denied that the progress of the former in Affghanistan is tantamount
to the advance of the latter, and ought to receive every opposition
from the British government that the public faith will permit.” Russian
influence, was, in fact, predominant in the councils of Mohammed Shah,
and the power of Russia appeared to stand higher in the general opinion
than that of Great Britain. Moreover, the Russian ambassador was urgent
upon the shah to complete his designs against Herat, and he even offered
his military services in the expedition. Under these circumstances Mr.
Ellis signified to the Persian ministers the extreme displeasure with
which the English would look upon the prosecution of any extended
schemes of conquest in Affghanistan: without disputing their right to
obtain redress from the prince of Herat, he intimated that the British
government would be better pleased if that purpose could be effected
by negotiation; and offered to send a British officer to Herat for the
purpose of facilitating the adjustment of the existing differences.
To this proposal the Persian ministers at first assented, but they
afterwards rejected it altogether. In the meantime Uzeez Khan arrived
on a mission from Kohun Dil Khan and his brothers at Candahar, with the
object of effecting an alliance offensive and defensive, with the shah,
and uniting in the attack upon Kamrau. Towards the close of 1835, Dost
Mohammed Khan, the chief of Cabool, also dispatched an agent to the
court of Persia with letters, in which he offered to co-operate in an
attack upon Herat, and sought in general the protection of the shall
against the Sikhs. The real objects of the chiefs of Candahar was also
to obtain protection from the same enemies; and neither they nor the
chief of Cabool had any disposition to become feudatories of Persia.
Thus supported, the shah set forth on his expedition; but owing to the
appearance of the cholera by the 3rd of November, 1836, he had only
reached Asterabad. His army was in fact reduced to such a deplorable
condition, from the scarcity of provisions and the predatory incursions
of the Turcomans, that all hopes of undertaking a winter campaign
against Herat were given up, and, despite the remonstrances of the
Russian plenipotentiary, the shah led back his forces into Persia. In
the meantime Mr. M’Neill had succeeded Mr. Ellis, and he did not fail to
make known the advice which had been tendered by the Russian ambassador
in the late expedition; and Lord Palmerston directed the Earl of Durham,
our envoy at Russia, to inquire of Count Nesselrode whether the Russian
envoy was acting in accordance with the instructions of his government.
It was stated in reply that if Count Simonich had acted in the manner
mentioned, it was done in direct opposition to his instructions: he had
been ordered to dissuade the shah from prosecuting the war at any time
and in any circumstances. It was added, that our minister in Persia must
have been misinformed; but in a subsequent despatch, Mr. M’Neill stated
that tire information he had given had been confirmed by the concurrent
testimony of all the Persians with whom he had conversed on the subject,
including the prime-minister. The allegations against Count Simonich
were, in fact, indisputable; and the prospect of a combination of
Russian and Persian influence could not fail to alarm the government of
India; and as the shah’s designs against Herat were not given up, Mr.
M’Neill was instructed to inform him that any attempt to prosecute
schemes of aggrandizement in Affghanistan would diminish the cordiality
existing between England and Persia. Mohammed Shah, however, was so far
from giving up his designs upon Herat, that he sought to obtain a more
intimate alliance with Russia; and he was so far successful, that an
envoy was dispatched by him with presents from himself and the Russian
envoy resident at his court, to Candahar and Cabool. His preparations
for war were still continued; and in the midst of them a messenger
arrived from Herat to negotiate an arrangement. Mr. M’Neil was invited
to take part in the conference. The terms brought by the envoy from
Herat were so advantageous that the British envoy recommended the
Persian government to accept them, lest the British government should
suspect that Persia, in persisting to prosecute the war, had other
objects in view than those avowed. The conditions, however, were
rejected, and it was evident that the shah would only be satisfied with
the sovereignty of Herat. His troops were again put in motion on the
23rd of July; but in consequence of obstructions, on the 14th of October
they had advanced no further than Nishapoor, about half the distance
from Teheran to Herat. About this time an emissary from Russia appeared
in the Persian camp, from whence he proceeded to Candahar and Cabool;
everywhere giving out that he was sent to intimate the arrival of a
large Russian army to co-operate with the army against Herat. Dost
Mohammed, the chief of Cabool, had sent agents to St. Petersburg, as
well as Teheran, to procure assistance against the Sikhs; and shortly
after, he applied with the same intention to Lord Auckland, who had just
arrived in India as governor-general. Lord Auckland decided on sending
Captain Burnes on a commercial mission to Cabool; and that officer
reached the capital of Dost Mohammed about the time that the Persian
and Russian agents arrived in Candahar and Cabool. Negotiations were
commenced between these various agents and the chief of Cabool; and
they were not concluded when the Persian army arrived before Herat. The
shah had previously captured the border fortress of Ghorian; but he was
destined to meet with a different reception before the city of Kamrau
Shah: week after week elapsed, and not the slightest impression was made
upon its walls. While the siege was proceeding, Lord Auckland directed
Mr. M’Neill to proceed to the camp, and make one more endeavour to
effect a pacific adjustment, and to obtain redress. He had so far
succeeded as to bring the mind of the shah to be favourable to a
treaty; but all his efforts were again set aside by the arrival of Count
Simonich, the Russian envoy, in the Persian camp. The siege, therefore,
continued, nor could subsequent efforts made by Mr. M’Neill set it
aside. His failure was made known to the British government; and on
the 21st of May he received a despatch from Lord Palmerston, which
authorized him to inform the shah that his designs were in complete
contravention of the spirit of the alliance subsisting between the two
nations; and that he must expect the cessation of intercourse in the
event of such hostile proceedings being persevered in. In consequence
of this direction Mr. M’Neill wrote the following letter to the Shah of
Persia:—“I am directed to inform your majesty that if Herat should have
surrendered to your majesty, the British government will consider your
continuing to occupy that or any other portion of Affghanistan as an
hostile demonstration against England. Your majesty is no doubt informed
by your government of Fars, that a body of British troops, and a naval
armament, consisting of five ships of war, have already arrived in the
Persian Gulf, and that for the present the troops have been landed in
the Island of Karrak. The measures your majesty may adopt in consequence
of this representation, will decide the future movements and proceedings
of that armament; but your majesty must perceive, from the view which
her majesty’s government has taken of the present state of affairs,
and from the effect which must have been produced upon the minds of her
majesty’s ministers and the British authorities in India, and by the
subsequent proceedings of the Persian government, with which they were
not then acquainted, that nothing but the immediate adoption of measures
complying with the demands of the British government, can induce the
authorities acting under the orders of that government to suspend the
measures that are now in progress for the defence of British interests,
and the vindication of British honour.” Before this declaration had come
to the hands of the Shah, the Persian army, after six days of incessant
battering, had made a general assault upon Herat; but although the
troops went forward courageously, and had even planted their standards
three several times upon the breach, they were finally defeated in
their attempt: the Affghans attacked them sword in hand, with energy too
resolute to be resisted, and drove them with great slaughter across the
ditch: nearly two thousand Persians were slain. This failure, however,
had not the immediate effect of forcing the Shah to raise the siege.
In the meantime Captain Burnes had failed in his mission to Cabool, and
Lieutenant Leach, who had been sent to Candahar, had met with the same
ill-success. A treaty had been concluded between Persia and the latter
state, under the warrant of the Russian minister; and a treaty of nearly
similar import was in progress at Cabool. Under these circumstances
preparations were set on foot for marching an army into Affghanistan.
The moment was very critical: there was a prospect of Persian dominion
and Russian supremacy in all the Affghan states. By Russian subsidies,
Kohun Dil Khan, chief of Candahar, besieged Furrah, a dependency of
Herat; and Dost Mohammed Khan, chief of Cabool, commenced a system of
hostile intrigues even in India. The Ameers of Scinde were called upon
to join the league against the English even by the Shah himself; and his
efforts were seconded by the Russian emissary, who had so successfully
fulfilled his mission at Candahar and Cabool. But notwithstanding all
these efforts, the failure of the recent assault of Herat, together with
the debarcation of troops at Karrak, and the military preparations which
were being made in the north of British India, finally led the Shah to
comply with all the demands of the British ambassador, and to abandon
his enterprise: the camp broke up on the 9th of September, 1838, and
returned to Teheran. Later in the year Count Nesselrode disclaimed
on the part of the Emperor of Russia all intentions of disturbing the
tranquillity of the British possessions in India; and by the month of
February, after considerable negociation, harmony was restored between
the Russian and the British governments. The operations of the British
army in India were not, however, wholly set aside by these events. At
the time of the raising of the siege of Herat, and the retreat of the
Shah of Persia, “the army of the Indus” was encamped at Simla, and was
about to be put in motion for Ferozepore, on the Sutledge. At Simla,
Sir Harvey Faroe, who commanded the troops, under the direction of the
governor-general, published a manifesto, which set forth the causes for
the assembling of the army, and the objects which the British government
had in view. As regarded the objects in view, the governor-general
said, in the manifesto, that he felt the importance of taking steps
for arresting the rapid progress of foreign aggressions towards our own
territories, and that his attention was naturally drawn to the position
and claims of Shah Soojah, who had, when in power, cordially acceded
to measures of united resistance against internal enmity; and as the
Barukzye chiefs were unfitted, under any circumstances, to be useful
allies to Great Britain, or aid us in our measures of national defence,
the governor-general felt warranted in espousing the cause of Shah
Soojah, whose popularity had been proved by the best authorities. A
tripartite treaty had, therefore, been concluded between the British
government, Runjeet Sing, and Shah Soojah, whereby the maharaja of the
Sikhs was guaranteed in his present possessions, and bound to co-operate
in the restoration of the Shah. The manifesto further set forth that a
guaranteed independence would be tendered to the Àmeers of Scinde; that
Herat would be left in the possession of its present ruler; and that
Shah Soojah should enter Affghanistan surrounded with his own troops,
and supported against opposition, foreign or domestic, by a British
army. As soon as these objects were effected, the British army was to
be withdrawn from the Affghan territory; but British influence was to
be used to further every measure of general benefit, and heal the
distractions which had so long afflicted the Affghan people: even those
chiefs whose hostile proceedings had been the cause of the measure,
would receive a liberal and honourable treatment. The grand objects,
therefore, for which the British troops were assembled at Simla, on tire
Jumna, were to dethrone the hostile chiefs of Candahar and Cabool, and
to re-establish the Shah Soojah in his dominions. On hearing of the
raising of the siege of Herat, the intentions of the Indian government
were in some degree modified. It was determined not to send forward the
whole force, a part only being thought sufficient to effect the objects
in view. The army of the Indus was in fact reduced to a _corps d’armée_,
and it was to be commanded by Sir John Keene, the commander-in-chief at
Bombay. The army was divided, and proceeded by two different routes; the
Bombay division being destined to bring Scinde to submission. The first
step of this division was to march upon Hyderabad, which was captured
without any effectual resistance. The seizure of the capital was
followed by the occupation of Kouratchee, the richest city in Scinde. By
these means the Ameers were brought to contract a fresh treaty with the
Indian government; agreeing to make an immediate payment of £300,000; to
abolish the tolls on the Indus; to maintain an auxiliary corps of four
or five thousand men under the command of British officers; and to pay
a tribute amounting to nearly one-half of their revenue. Each Ameer,
moreover, was for the future to look upon the English government as
his suzerain, and procure his separate recognition at its hands. In the
meantime the Bengal division was descending the bank of the Sutledge to
unite with the Bombay army at Shikarpore, on the confines of Scinde
and Affghanistan. The whole army assembled at Shikarpore, with the
contingent of Shah Soojah, towards the beginning of March. The fatigues
of the march, together with the assaults of the Beloches, had already
made fearful havoc with the ranks of the expedition; and as they
proceeded their sufferings increased. In the midst of trials and
difficulties, however, they pressed forward., and towards the middle
of April, they assembled beyond the reach of danger, in the valley of
Pisheen. How dreadfully they suffered in their route may be inferred
from the fact, that of 6,000 men which comprised the contingent of Shah
Soojah, only 1,500 escaped. Their greatest dangers were encountered
in the defiles of Bolau, where they not only had to contend with the
natural difficulties of the pass, but with the elements and fierce wild
robbers, who hovered upon their flank day and night. In the valley
of Pisheen, however, the survivors recruited their strength, and then
proceeded to action. Candah offered them no resistance; Kohun Dil Khan
quitted the capital and took refuge with his brother, Dost Mohammed., at
Cabool. The Bengal division entered the city of Candahar on the 24th of
April, and the Shah Soojah was solemnly crowned on the 8th of May. The
troops spent several weeks at Candahar, but on the 27th of June they
marched forward to Ghisneh. Operations, however, did not recommence till
the 21st of July. Ghisneh was captured, after a fierce struggle, on the
22nd, and the son of Dost Mohammed taken prisoner. The capture of
this strong fortress made a great impression upon the Affghans. It was
expected that the fortress would have kept the English in check for some
time; and under this impression Dost Mohammed was proceeding towards the
capital with his cavalry and a park of artillery. On hearing of the fall
of Gisneh, however, his army broke up, and Sir J. Keene then resumed his
march along the rich valley from Ghisneh to Cabool. Shah Soojah entered
Cabool on the 7th of August; and his rival, Dost Mohammed, being
abandoned by all but the members of his own Barukzye tribe, fled beyond
the mountains of the Hazareh into Bokhara. In order to complete the
conquest Major Outram was sent into certain disturbed districts between
Cabool and Candahar to tranquillize the disaffected Ghilzee tribes,
who had not yet acknowledged Shah Soojah, and replace the refractory
chieftains with newly-appointed governors. Khelat was also reinvested:
that fortress was captured by General Willshire, and the khan, Mehrat,
with many of his chiefs, fell fighting, sword in hand. Having achieved
these conquests, Sir J. Keene, leaving a detachment for the protection
of Shah Soojah, returned home with the main body. Mr. M’Naughten
remained as resident at the court of Cabool. Such was the issue of the
campaign in Afghanistan. Subsequently her majesty rewarded the services
of the more eminent actors in the war. The governor-general was created
Earl of Auckland, Sir John Keene was created Baron Keene of Ghuznee
in Affghanistan; and baronetcies were conferred on Mr. M’Naughten and
Colonel Pottinger.
STATE OF THE CONTINENT.
This year witnessed the virtual conclusion of the war in Spain. The
principal event which contributed to this consummation was the rupture
between the chief Maroto and Don Carlos. Maroto, indeed, with the
battalions of Castile, made their submission, and his defection was
followed by twenty-one more Carlist battalions. The terms of this
pacification were effected by Espartero; and having concluded them, he
led his army towards Don Carlos at Lecumberri. Not daring to await his
arrival, Don Carlos withdrew into the defiles of the Bastan; and from
the Bastan he fell back to Elisonda; and, finally, on the 14th of
September, with six Alavese and two Navarrese battalions, he took refuge
in France. The French government assigned to him the city of Bourges for
his temporary residence, and he was escorted thither by Marshal Soult.
The Carlist chief, Cabrera, continued for some months to maintain
his ground in the central provinces; but the struggle finally became
hopeless, and at the commencement of the succeeding year, he, with
20,000 men, followed the example of his master, and took refuge in
France. In Portugal the arrival of the bill which had been passed for
the suppression of the slave-trade, gave rise to much dissatisfaction.
The author of the measure, Lord Palmerston, was loudly charged with
hostility to Portugal, and a great estrangement prevailed for some time
between the two governments. The breach was widened by the demand made
by the British upon the Portuguese government for the payment of the
long pending civil and military claims due to the subjects of Great
Britain. The requisition was, it is said, accompanied by a menace, that,
in the event of a non-compliance, the British government would resort to
coercive measures. During this year the territorial differences between
Belgium and Holland were settled. The terms which the five powers
resolved should be agreed upon between the two parties have been seen in
a previous article; and it may be sufficient to state that Belgium, at
least accepted them with great reluctance. In Turkey events occurred
which attracted the notice of European powers. In 1838 the pacha of
Egypt had refused to pay any further tribute to the Porte; and this
announcement, together with the usurpation on the part of Meliemet
Ali of attributes peculiar to the commander of the faithful alone,
determined the sultan to make another effort for the reduction of his
vassal. He assembled a large army on the eastern bank of the Euphrates,
which menaced the Syrian dominions of the pacha; while Ibrahim, on
the other hand, proceeded to concentrate his forces around Aleppo.
The governments of France and England were apprehensive lest the
discomfiture of the Turkish army should be followed by the arrival of a
Russian force in the Bosphorus, in accordance with the stipulations of
the treaty signed on an analogous juncture at Unkiar Skelessi. Under
this apprehension the representatives of their respective courts at
Constantinople and Alexandria were directed to make every effort to
prevent war. Large concessions were made by Ibrahim through their
mediation; but the interpreters of the law at Constantinople assured
the sultan that it was the duty of every true believer to take up
arms against an impious usurper, and a solemn declaration of war was
accordingly read in all the mosques. In the month of June a great battle
took place between the contending armies near Nezib, in which the Turks,
under Hafiz Pacha, were utterly discomfited; six thousand of them were
left dead on the field, and ten thousand were left in the hands of
Ibrahim Pacha, together with fifteen thousand muskets, and more than
one hundred pieces of artillery. The sultan did not live to hear of
this disaster; he died on the 1st of July, and Abdul Mcdjio, a youth of
seventeen, assumed the reins of empire. The death of Sultan Mahmoud the
Second gave rise to negociation. The first act of the new sultan was to
forward to the viceroy of Egypt an offer of pardon, together with the
hereditary possession of the province of Egypt, on the condition that he
conformed to his duties of obedience and submission. Mehemet Ali appears
to have been willing to submit to these terms; but about the same time
that he received them, Achmet, the capitan pacha, had revolted from
the sultan, and had arrived at Alexandria. The Ottoman monarchy was
tottering to its fall; but at this critical juncture England, France,
Russia, Austria, and Prussia resolved to uphold the independence of
Turkey, as an essential element of the balance of power. The year,
however, closed before the negociations commenced were perfected.
CHAPTER LI.
{VICTORIA. 1840—1841}
Meeting of Parliament: Announcement of the Queen’s
Marriage..... Bill for the Naturalization of Prince
Albert..... The Civil List..... Question of Privilege:
Hansard and Stockdale..... Affairs of China..... Irish
Municipal Corporations Bill, &c. Financial
Statement..... The Union of the Canadas.....
Ecclesiastical Duties and Revenues Bill..... The Regency
Bill..... Prorogation of Parliament..... Affairs of British
India..... The Marriage of the Queen..... State of the
Continent.
MEETING OF PARLIAMENT.—ANNOUNCEMENT OF THE QUEEN’S MARRIAGE.
{A.D. 1840}
Parliament was opened on the 16th of January by her majesty in person.
The opening of her majesty’s speech was one of great interest. It read
thus:—“My lords and gentlemen—Since you have last assembled, I have
declared my intention of allying myself in marriage with the Prince of
Saxe Cobourg and Gotha. I humbly implore that the divine blessing
may prosper this union, rendering it conducive to the interests of my
people, as well as my own domestic happiness; and it will be to me a
source of the most lively satisfaction, to find the resolution I have
taken approved of by parliament. The constant proofs I have received
of your attachment to my person and family, persuade me that you will
enable me to provide for such an establishment as may appear suitable to
the rank of the prince, and the dignity of the crown.” In continuance,
her majesty congratulated parliament on the termination of civil war in
Spain; expressed a hope that the five powers would be able to preserve
the integrity of the Ottoman empire, and the peace of Europe; and
referred to the success of the European and native troops in India with
great satisfaction. Her majesty also declared her confident hope of
adjusting our difference with the court of Persia; and intimated that
serious attention had been given to her commercial relations with China.
In conclusion, her majesty recommended to the early consideration of
parliament two important measures relating to our home policy: namely,
the state of the municipal corporations in Ireland, and the measures
suggested by the ecclesiastical commissioners with respect to the church
establishment in this country. In the lords the address was moved by the
Duke of Somerset, and seconded by Lord Seaford. The Duke of Wellington
fully concurred in the expression of congratulation to her majesty upon
the alliance which had been announced to the country. But, his grace
continued, every precedent of the reign of George III. had been followed
in this matter except one, and that was the declaration that this prince
was a Protestant. He knew the prince was a Protestant; but as this was a
Protestant state, the fact that the prince was a Protestant should have
been officially declared. The house of lords could not omit this; and
therefore he moved the insertion of the word Protestant before the word
prince, in the first paragraph of the address. Lord Melbourne said that
he considered the amendment superfluous. The act of settlement required
that the prince should be a Protestant, and it was not likely that
ministers would advise her majesty to break through the act of
settlement. All the world knew that Prince Albert of Saxe Cobourg was
a Protestant, and that he was descended from the most emphatically
Protestant house in Europe. Lord Winchilsea did not regard the insertion
of the word Protestant as unnecessary. Near and dear relations of the
prince had become Roman Catholics, and the husband of the Queen of
Portugal, a first cousin of this very prince, was an avowed Romanist. In
the close of his observations, Lord Winchilsea adverted to the alarming
state of the country, and censured Lord Melbourne for having recently
presented Mr. Owen to the queen—a man who was the notorious advocate
of doctrines which struck at the root of all religion and morality.
The amendment was agreed to, and the address, as amended, ordered to be
presented to her majesty.
In the commons the address was agreed to; and her majesty subsequently
replied to the addresses of both houses, expressing satisfaction
at their loyalty and affection; thanking them for their support and
concurrence in her intended marriage; and assuring them that it would
be her endeavour to make her reign conducive to the happiness of all
classes of the community.
BILL FOR THE NATURALIZATION OF PRINCE ALBERT.
On the 20th of January, in the house of lords, a bill for naturalizing
his serene highness Prince Albert of Saxe Cobourg and Gotha was passed
through all its stages. On the second reading, the Duke of Wellington
objected that it was not only an act for the naturalization of Prince
Albert, but contained also a clause entitling the prince, “for and
during the term of his natural life, to take precedence in rank after
her majesty, in parliament and elsewhere, as her majesty may think
fit and proper; any law, statute, or custom to the contrary
notwithstanding.” Under these circumstances, his grace moved that the
debate be adjourned, as the house had not sufficient notice of the
contents of the bill, and as the title of it did not state anything
respecting the precedence of the prince. Lord Melbourne replied,
that the omission was purely accidental, and, in his opinion, of no
importance. At the same time his lordship admitted that this bill
differed in form from any other bills, inasmuch as it gave her majesty
an ability to bestow on Prince Albert a higher station than that
assigned to Prince George of Denmark, or Prince Leopold. But the reason
for the difference, he contended, was to be looked for in the relative
situation of the parties. The arrangements with regard to the marriage
of the Princess Charlotte were temporary; in this act it was intended
to raise the prince to a station next to that of the queen; and
no opposition had been offered to this course by those peculiarly
interested in point of rank. After a few observations from Lords
Brougham and Londonderry, the debate was adjourned till the following
week, when the lord-chancellor stated that he should propose that power
be given to the crown to allow the prince to take precedence next after
any heir-apparent to the throne.
Subsequently, however, Lord Melbourne, in moving the committal of the
bill, expressed himself so anxious that it should pass with all
possible expedition, that he had determined to leave out all relating to
precedence, and reduce it to a naturalization bill, as expressed in the
title. In that shape the bill passed without further opposition. In the
commons the bill was passed without discussion.
THE CIVIL-LIST.
On the 24th of June, after moving that the paragraph in the queen’s
speech relative to Prince Albert’s annuity be read, Lord John Russell
went into a long detail of precedents of grants to princes and
princesses allied to the royal family of England; and concluded by
moving “that her majesty be enabled to grant an annual sum of £50,000
out of the consolidated fund, for a provision to Prince Albert, to
commence on the day of his marriage with her majesty, and to continue
during his life.” The debate was adjourned for a few days, and on
its resumption Mr. Hume moved as an amendment, that £21,000 be voted
annually to Prince Albert, instead of £50,000. In his opinion, indeed,
no grant should be made during her majesty’s lifetime. The chancellor
of the exchequer replied to Mr. Hume, and several members spoke
in opposition to the grant; after which the house divided, on the
amendment, which was lost by a majority of three hundred and five
against thirty-eight. Ministers, however, were doomed to be defeated on
this question. Colonel Sibthorp had given notice that he would move an
amendment that £30,000 should be the extent of the annuity; and on
the defeat of Mr. Hume’s motion, the gallant colonel rose to move this
amendment. On a division it was carried by a large majority, the numbers
being two hundred and sixty-two against one hundred and fifty-eight.
This was a great triumph over the ministers, and Colonel Sibthorp was
so elated by it, that he endeavoured to follow it up a week or two
afterwards by moving for the insertion of a clause in the bill for
Prince Albert’s provision, to the effect that the annuity of £30,000
should cease altogether in case his serene highness should reside for a
less period than six months consecutively in each year within the United
Kingdom of Great Britain and Ireland, or should ally himself in marriage
with any foreign princess who should not be a Protestant, or should
cease to profess and adhere to the Protestant religion as by law
established in these realms. Both Sir Robert Peel and Lord John Russell
contended that such restrictions were inexpedient and inconsistent, and
the gallant colonel, finding that there was no chance of success, did
not press his motion to a division.
QUESTION OF PRIVILEGE—HANSARD AND STOCKDALE.
In the year 1835, a bill was proposed in the house of lords, by the Duke
of Richmond, for the purpose of appointing inspectors of prisons. In the
report of these inspectors, which was printed by Messrs. Hansard, it was
stated, that amongst other books in use by the prisoners, one published
by John Joseph Stockdale, in 1827, was of the most disgusting nature,
the plates being obscene and indecent in the extreme. In 1836, Stockdale
brought an action against Messrs. Hansard for the sale of this report,
on the ground that the allegation therein contained about the work was
a libel. The defendants pleaded two picas: first, “Not guilty;” and,
secondly, “That the words complained of in the declaration were true.”
The jury gave a verdict for the defendants on the second plea; and in
his charge to the jury, Lord Denman said that the fact of the house
of commons having directed Messrs. Hansard to publish all their
parliamentary reports, is no justification for them, or for any
bookseller, who publishes a parliamentary report containing a libel
against any man. On the 6th of February, 1837, Messrs. Hansard
communicated to the house of commons that legal proceedings had been
instituted against them by Stockdale, for the publication of the report,
in which he conceived himself to have been libelled. A select committee
was then appointed by the house to examine precedents, and report upon
the question of its privileges in regard to the publication of reports
and other matters. This committee decided in favour of the privilege,
which would protect any publication ordered by the house from being made
the subject of an action for libel; and the house of commons, on the
30th of May, 1837, passed the following resolutions:—“First, that the
power of publishing such of its reports, votes, and proceedings as
it shall deem necessary, or conducive to the public interest, is an
essential incident to the constitutional freedom of parliament, more
especially of this house, as the representative portion of it.—Second,
that by the law and privileges of parliament, this house has the sole
and exclusive jurisdiction to determine upon the existence and extent of
its privileges; and that the institution or prosecution of any action,
suit, or other proceedings, for the purpose of bringing them into
discussion or decision before any court or tribunal elsewhere than a
parliament, is a high breach of such privilege, and renders all
parties concerned therein amenable to its just displeasure, and to
the punishment consequent thereon.” The action, however, went on;
and Messrs. Hansard pleaded to the declaration to the effect that the
publication in question was a privileged one, on the ground that it was
issued by the authority of the house of commons. This plea was demurred
to as insufficient in point of law; and judgment was given by the court
against the defendants, and damages afterwards assessed, which were paid
over to the plaintiff. On the 31st of July, 1839, Messrs. Hansard
again informed the house that similar legal proceedings were threatened
against them on behalf of a Mr. Polack on account of some alleged
defamatory matter contained in a report of the state of New Zealand,
which had been published by order of the house of commons. In this case
they were directed by the house not to take any step towards defending
the action with which they were threatened; but subsequently Mr. Polack
communicated to the house that proceedings had been commenced without
his sanction, and that he had no intention of taking any legal steps
in the matter. The matter seemed thus set at rest; but on the 26th of
August, Stockdale commenced a third action against Messrs. Hansard, for
again publishing the same libel; the sale of each copy of the report
containing the alleged libel being, in contemplation of law, a fresh
publication of it. This was also communicated to the house of commons;
and Messrs. Hansard were again directed that the action should not
be defended. In consequence of this direction Messrs. Hansard served
Stockdale with formal notice of the resolutions of the house of commons;
but notwithstanding this, on the 26th of October, Stockdale filed
a declaration in the said action, wherein the damages were laid at
£50,000. On the 1st of November intercalatory judgment was signed for
want of a plea; and then Messrs. Hansard again caused notices against
proceeding with the said action, together with fresh copies of the
resolutions, to be served upon Stockdale. The action, however, went on;
notice was given that a writ of inquiry of damages would be executed
before the sheriff of Middlesex on the 12th of November. This writ was
executed, when the sheriffs’ jury assessed the damages at £600. Stockdale
then applied to the court of Queen’s Bench for a rule to compel the
sheriff to return the writ of inquiry. This was ordered; and on the
23rd of November a writ of _fieri facias_ was issued and lodged with the
sheriff, who thereupon took possession of the printing-office, premises,
and stock in trade of Messrs. Hansard. On the 16th of December, Mr.
Winsland, a builder, purchased of the sheriff goods belonging to Messrs.
Hansard to the amount of £695. The sheriff, however, had not paid this
money into the hands of Stockdale, when, on the 16th of January, the
case of Messrs. Hansard was brought before the commons by Lord John
Russell, who presented a petition from them, which prayed for such
relief, under the circumstances, as the house should deem proper. His
lordship said that it was incumbent upon the house to come to a decision
upon the question. There was, he continued, many ways in which they
might dispose of it. They might act upon their ancient and undoubted
right, and vindicate the violation of their privilege by the ancient
mode of commitment. That was the most constitutional course, and the one
most consistent with the dignity and privileges of the house. Again, the
house could, if it thought fit, direct that Messrs. Hansard should
plead in all cases of future action, and thereby bring the question of
privilege before the courts. They could abandon all their privileges,
confining all their papers to a circulation among the members only;
or they might proceed, if they thought it necessary to have the papers
circulated for general use, to provide for the settlement of the
question by a bill brought in for that purpose. But their present
position was one which ought not to continue; and he should move
that, John Joseph Stockdale, the plaintiff, Thomas Barton Howard,
his attorney, William Evans, the sheriff, Mr. Burchell, the deputy
under-sheriff, and the bailiff who acted in this case, be called to
the bar of the house, and then it would be in the power of the house to
adopt that course which, under all circumstances of the case, it might
think proper to pursue. After a long discussion, in which Sir. E.
Sugden, the attorney-general, and other members took part, this motion
was agreed to by a majority of two hundred and eighty-six against one
hundred and sixty-seven. On the following clay, January 17th, the
order of the clay for taking into consideration the petition of Messrs.
Hansard was read, and Lord John Russell moved that John Joseph Stockdale
be called to the bar. He was accordingly called in, and placed at the
bar, when the attorney-general interrogated him concerning the facts of
the different actions against Messrs. Hansard in which he was plaintiff.
After examining him, he was ordered to withdraw; when Lord John Russell
moved that John Joseph Stockdale, having brought an action against
Messrs. Hansard for the publication of a report ordered by this house
to be printed, has been guilty of a high contempt and breach of the
privileges of the house. Mr. Law proposed as an amendment that Mr.
Stockdale be discharged from his attendance at the bar; but, after an
animated discussion, the original question was carried by a majority of
two hunded and forty-nine against one hundred. Lord John Russell then
moved, that John Joseph Stockdale, for the said breach of privilege, be
committed to the custody of the sergeant-at-arms, and that the speaker
do issue his warrant for the committal. After a brief discussion, this
was carried by a large majority; and on the next day the sheriffs and
bailiffs were called in, and, after examination, ordered to attend
on the following Monday. On that clay, the 20th of January, Lord John
Russell said that it became him now to state the precise course which
should be taken in the present stage of the proceedings; and, after
going at length into the whole question of privilege, he moved, “that
it appeared to the house that an execution in the cause of Stockdale
v. Hansard had been levied to the amount of £640, by the sale of the
property of Messrs. Hansard, in contempt of the privileges of that
house; and that such money then remained in the hands of the sheriff
for Middlesex.” If that resolution should be carried, he should move
further, “that the said sheriff be ordered to refund the said amount
forthwith to Messrs. Hansard.” Mr. F. Kelly opposed this motion, and
moved, by way of amendment, the following resolutions:—“That, it
appearing to this house that an action has been brought against James
Hansard and others, for the publication by them, under an order of this
house, of certain papers containing libellous matter upon John Joseph
Stockdale, and that judgment has been obtained, and execution issued
by due course of law against the said James Hansard and others in
such action: it is expedient that the said James Hansard and others be
indemnified against all costs and damages by them sustained in respect
of such action.” This amendment was supported by Sir Edward Sugden, and
opposed by Sir Robert Peel and the attorney-general; and, on a division,
the original motion was carried by a majority of two hundred and five
against ninety. Subsequently the sheriffs were called in, and committed
to the custody of the serjeant-at-arms; and Mr. Howard, the attorney
of Stockdale, reprimanded by the speaker at the bar, when he was
discharged. The matter, however, was not yet at rest.
On the 27th of January Lord John Russell gave notice that he had
received a petition from Messrs. Hansard, stating that a fresh action
had been commenced against them by Stockdale, and that a writ of summons
had been issued upon them on the 25th of January, by Thomas Burton
Howard, as attorney for Stockdale. A motion was carried, ordering the
said Thomas Burton Howard, forthwith to attend the house: but it was not
till the 6th of February that he could be found, and on that evening
he was ordered to be committed to her majesty’s gaol of Newgate.
Subsequently, on the 17th of February, Lord John Russell presented
another petition from Messrs. Hansard, to the effect, that the fifth
action had been renewed against them by Stockdale, for the same cause as
before, and praying to be directed as to the course they should pursue.
His lordship moved to the effect, that Stockdale, by commencing this
fresh action, had been guilty of a contempt of the house, and of a
breach of its privileges, and that the sheriffs, under-sheriffs, and
others, who should aid in the prosecution of the said action, would be
guilty of a contempt of the house, and of a violation of its privileges,
and would subject themselves to the severe censure and displeasure of
the house. This was carried; and on the following evening Thomas
Howard, jun., the attorney in this action, was, on the motion of the
attorney-general, committed to the custody of the sergeant-at-arms.
In the meantime several motions had been made for the discharge of the
sheriffs from prison, on the plea of ill-health. These had been all
negatived; but on the 5th of March, Mr. Sheriff Evans was allowed to be
set at liberty, being at the same time directed to attend at the bar
of the house on Monday, the 6th of April. On the same evening Lord John
Russell moved for leave to bring in a bill to give summary protection to
persons employed in the publication of parliamentary papers, which was
carried by a large majority; and the bill was brought in and read a
third time on the 12th of the same month. On the 31st of March the
sergeant-at-arms appeared at the bar, and acquainted the house that
on Saturday last the assistant-sergeant and four other officers of the
house had been served with notice that an action had been commenced
against them in the court of Queen’s Bench, at the suit of Thomas Burton
Howard. Under the impression that a verdict would certainly be given for
the defendants, the attorney-general moved that they should be allowed
to appear and defend the action; a motion which, after a few words in
opposition by Viscount Howick, was carried by a majority of one hundred
and forty against ninety-one. On the 6th April the bill relating to
the protection of persons employed in the publication of parliamentary
papers was sent up to the lords; and, after making some amendments
in committee, the lords passed it and returned it to the commons, who
agreed to the amendments; and on the 14th April the royal assent was
given to it by commission. On the 15th of April, on the motion of Sir R.
Inglis, Mr. Sheriff Evans and Mr. Howard, jun., were discharged. Messrs.
Thomas Burton Howard, sen., and Stockdale were still left in Newgate;
but, on the 15th of May, on the motion of Mr. T. Duncombe, they were
liberated likewise, and thus terminated this much-agitated and important
question. In the course of the discussion in the commons the ablest
lawyers spoke in favour of the particular privilege of free publication
claimed by the house, as essential to the due discharge of its functions
as a constituent branch of the legislature; but many of them dissented
from the doctrine that it was a breach of their privilege to bring them
under the cognizance of a court of law. Above all, they thought that
having once submitted the case to the court of Queen’s Bench, by
pleading in the action, they were bound to respect the judgment of the
court; and if they considered it erroneous, to bring it under the review
of a court of error, in the legal and constitutional mode, and not
proceed by arbitrary imprisonment against officers who merely acted
in their ministerial capacity, and who would have stood exposed to the
process of attachment, if they had refused to obey the writs which the
court called upon them to execute. Sir William Follett, indeed, broadly
stated that the commons were enforcing their privileges in a manner
that could not be maintained; that they were assuming powers which the
constitution did not give them; and that he was not able to vote for any
of the committals which had taken place. He did not deny that the house
was the exclusive judge of its own privileges, and that they had the
power of committal; but he did not think that if a servant of the house
should be questioned for any act done under their orders, that they had
a right to deprive the courts of law of their jurisdiction over that
servant.
AFFAIRS OF CHINA, ETC.
During the last year a serious collision took place between the Chinese
authorities and the British subjects at Canton. This arose out of the
contraband traffic in opium. The government of China resolved to put
an end to the commerce altogether, and with this view an imperial
commissioner arrived at Canton. He resorted at once to decisive
measures, by demanding that every particle of opium on board the ships
should be at once delivered up to the government to be destroyed; at
the same time requiring a bond that the ships would never again dare
to introduce that article. In the event of any opium being thereafter
brought, the goods were to be confiscated, and the parties were to
submit to death. Should the foreigners fail to comply with these
requisitions, Commissioner Lin threatened that they would be overwhelmed
by numbers and sacrificed. The whole foreign community was thrown into
a state of the deepest distress at these demands; and the chief
superintendent, Captain Elliot, considered it to be his duty to take his
own countrymen under his protection. He issued a circular, requiring the
surrender into his hands of all the English opium actually on the coast
of China. On the 3rd of April, however, 20,283 chests of opium were
delivered over to the commissioner, from the ships which had assembled
for that purpose below the Bocca Tigris. Some merchants had been
imprisoned by the Chinese authorities; but on the 4th of May leave was
given for all to quit Canton with the exception of sixteen individuals,
who ultimately took their departure with injunctions never to return.
Captain Elliot immediately ordered every subject of her majesty out of
the river; but he did not himself remove from Canton until the 25th of
May, when the proscribed persons had been released, and there remained
no other British subject in jeopardy. When they were out of danger,
he immediately wrote to the governor-general, detailing the course of
violence and spoliation which had broken up this great trade; and at the
same time applied for armed vessels from the Indian station to protect
life and property. Later in the year the breach was widened by an affray
which took place at Macao, between some English sailors and Chinese
villagers, in which, unfortunately, one of the latter was killed.
Commissioner Lin demanded of Captain Elliot that the homicide should be
given up; but this was refused, and in consequence an edict was issued
by Lin prohibiting any provisions or other articles being supplied to
the British at Macao. The British superintendent subsequently removed
his residence to Hong Kong, off which lay the _Volage_ frigate,
commanded by Captain Smith. At the latter end of the year Commissioner
Lin issued an edict against the importation of any British goods,
in which he ordained that a bond should be required from any vessel
entering the port, certifying that it did not contain any British
property on board, and consenting to the confiscation of the ship
and cargo, if any such should be therein discovered. In his edict,
Commissioner Lin gave all foreigners to understand that it was no use to
deceive the Chinese; for there were skilful translators and interpreters
among them, who would certainly ascertain the country from whence
they came. In this state of affairs. Captain Elliot sent a petition
to Commissioner Lin,’ entreating for the restoration of the trade with
Canton, until he received further advice from England. The commissioner
replied by a haughty refusal; enumerating all the offences of which, in
the eyes of the “great pure dynasty,” the British had been guilty; and
declaring that, until the murderer of the Chinese was given up,
there could be no intercourse allowed between the two nations. But
notwithstanding this peremptory refusal, a temporary adjustment of the
matters in difference so far took place, that Commissioner Lin permitted
the commerce of Great Britain to be carried on below the Bocca Tigris
until further instructions should be received from England. The
high-commissioner still insisted that the captains of all vessels
which traded with Canton should sign the required bond; and this was
unfortunately consented to by Mr. Warner, master of the ship _Thomas
Coutts_. The consequence of this consent was, that Commissioner Lin
determined to break off the arrangement concluded, unless the whole
British shipping which was re-entering the Bocca Tigris should agree
to the same terms: if not, the vessels were again to depart, or be
destroyed. Matters now proceeded to extremities; and the Chinese soon
received a lesson from British artillery. Finding that the inhabitants
of the celestial empire were preparing to attack the fleet, and that
Admiral Kwan lay in considerable force near Chuenpee, two English
frigates, the _Volage_ and _Hyacinth_, were removed to that
neighbourhood. Captain Elliot now prepared another address to
Commissioner Lin, and then went on board the _Volage_ frigate. That
vessel took up her station, on the 2nd of November, not far below the
first battery, where an imposing force of war-junks and fire-vessels was
collected. On the 3rd, the Chinese squadron, consisting of twenty-nine
sail, anchored close to the British vessels, and their attitude became
so menacing that Captain Smith, of the _Volage_, resolved to compel them
to return to their former anchorage. A brief action took place, which
told with terrible effect on the celestials: one war-junk blew up at
a pistol-shot distance from the _Volage_, three were sunk, and several
others water-logged. In about half-an-hour Admiral Kwan and his squadron
retired in great distress to their former anchorage, no obstruction
being offered to their retreat. But notwithstanding their palpable
defeat, as the English ships soon after set sail for Macao, the Chinese
claimed the victory. But this was only the beginning of their sorrows.
At the close of the year the English government determined to send an
expedition into the Chinese seas, which should be sufficient to attain
all the ends we had in view, and compel the great pure dynasty to
acknowledge the principles of international law which were acted upon by
all the civilized nations of the earth. This armament, which consisted
of eight ships of war with frigates, transports, and steamers, arrived
at its place of rendezvous at Singapore, in the month of April of
the present year. It was placed under the command of Admiral Elliot;
Commodore Sir J. J. Gordon Brewer was next in command, and Major-General
Burrell had the command of the military force. Previous to this an edict
had been issued, warning all foreign vessels from anchoring near the
devoted English ships, lest they should be involved in the destruction
preparing for the latter—“lest the gem should be consumed with the
common stone.” The first arrival of this armament in the Canton river
was her majesty’s ship _Alligator_, Captain Kuper, on the 9th of June.
Previous to this the Chinese authorities at Canton had sent a boat-load
of poisoned tea, packed in small parcels, to be sold to the English
sailors. This boat was captured by Chinese pirates, and her cargo
sold to their own countrymen, many of whom died in consequence. A
proclamation was issued, by the Chinese authorities, offering rewards to
all who should destroy the English, and who should be able to capture
an English man-of-war. An attempt was indeed made to burn the British
shipping, but this happily failed, and then Sir J. J. Gordon Brewer gave
public notice, that on and after the 28th of June, a blockade of the
river and port of Canton would be established. The commodore, however,
with several ships, sailed northward in the direction of Cliusan, and
he was followed on the 28th by Admiral Elliot and Captain Elliot. The
Chinese authorities now bestirred themselves vigorously to meet the
danger. By a proclamation issued on the 2nd of July, the people were
called upon to unite heart and hand with the government in opposing
the barbarians. All the proclamations and precautions of the Chinese,
however, were vain. On Sunday, the 5th of June, the British captured
Chusan: for the first time British cannon wrested from his celestial
majesty a portion of his dominions.
The policy of government with reference to the affairs of China was made
the subject of a series of condemnatory resolutions in parliament.
These were brought forward by Sir James Graham on the 7th of April,
who introduced the subject by calling the attention of the house to the
magnitude of the interests involved in our relations with China. The
right honourable baronet then went into a detailed history of the
disputes of which a brief account is given above; and finally concluded
by moving, that “it appears to the house, in consideration of the
papers relating to China, presented to this house by command of
her majesty, that the interruption in our commercial and friendly
intercourse with that country, and the hostilities which have since
taken place, are mainly to be attributed to the want of foresight and
precaution on the part of her majesty’s present advisers in respect to
our relations with China; and especially to their neglect to furnish
the superintendent at Canton with powers and instructions calculated to
provide against the growing evils connected with the contraband traffic
in opium, and adapted to the novel and difficult situation in which the
superintendent was placed.” Mr. Macauley replied to Sir James Graham;
and a long debate ensued, in which the motion was supported by Sir
W. Follett, Messrs. Thesiger, Sidney Herbert, W. E. Gladstone, and G.
Palmer; and opposed by Sirs George Staunton, S. Lushington, and J. C.
Hobhouse, and Messrs. Hawes, C. Buller, and Ward. The debate was closed
by powerful speeches from Sir Robert Peel in support of the motion, and
Viscount Palmerston against it. On a division the motion was negatived
by a majority of two hundred and seventy-one against two hundred and
sixty-two.
THE IRISH MUNICIPAL CORPORATIONS BILL, ETC.
The second reading of the Irish municipal corporations bill was moved on
the 14th of February in the commons by Viscount Morpeth. It was carried
by a majority of one hundred and forty-nine against fourteen; and the
house, on the 24th of February, went into committee on the bill, when
several amendments were proposed and negatived. The bill was read a
third time in the commons on the 9th of March; but the second reading
was not moved in the lords until the 4th of May. The Earl of Winchilsea
moved that the bill be read a second time that day six months, which
amendment was supported by the Marquis of Westmeath; but the Duke of
Wellington recommended their lordships to vote for the second reading;
and, after a few words from Viscount Melbourne, it was carried by a
large majority. The house went into committee on the 19th of June,
when the Bishop of Exeter delivered a powerful speech against it. Their
lordships, however, went into committee, and Lord Lyndhurst proposed
several amendments, which were ordered to be printed. On a subsequent
evening, Lord Lyndhurst explained the nature of his amendments, and when
the house was in committee, he moved and carried an amendment which went
to preserve the inchoate rights of freemen, which under this bill were
threatened. Several other amendments were agreed to without a division,
and some clauses were struck out; and on the 6th of July the bill was
recommitted in the house of lords. The third reading was moved by
Viscount Duncannon on the 31st July, when Lord Lyndhurst proposed and
carried an amendment relating to the recorder of Dublin. He proposed to
strike out of the 161st clause, which had reference to the holding of
the recorder’s court, these words, “or as the lord-lieutenant shall
from time to time think fit to direct.” This proposition was resisted
by ministers, but was carried by a majority of sixteen. On the question
that the bill do now pass, it was again opposed by the Bishop of Exeter,
who predicted that “it would not, and could not come to good;” but it
passed, and the bill was, on the 3rd of August, brought down to the
commons.
After a brief discussion in the lower house, managers were appointed to
conduct a conference with the lords on the subject of their amendments,
and the result was more harmonious than heretofore: in some things the
commons gave way to the lords, and in others, the lords gave way to the
commons; and by this mutual concession, the bill finally received, on
the 10th of August, the royal assent.
On the 14th of February Mr. Labouchere moved the second reading of the
importation of flour info Ireland bill, which, after some opposition
offered by Mr. E. Tennent, was carried by a majority of one hundred and
fifty-four against one hundred and two.
FINANCIAL STATEMENT, ETC.
The ministerial budget was brought forward on the 15th day of May. The
total income of the year 1840 amounted to £47,685,000, and the total
expenditure £49,300,000; leaving a deficiency of £1,457,000. With a
view of meeting this deficiency, however, a vote of £1,000,000 of
exchequer-bills had been taken, which reduced the balance to £457,000.
Mr. Baring calculated the expenditure of the current financial year to
be £49,432,000, and the income £46,700,000. To meet the deficiency he
proposed to increase the assessed taxes fen per cent.; the customs and
excise five per cent.; to lay an additional duty of fourpence per gallon
on all spirits, British, colonial, and foreign; and to take a vote of
credit of £395,000. He, expected, also, that by a more strict collection
of the assessed taxes he should obtain £150,000. His income and
expenditure would thus be made equal; but as the increase to be derived
from raising the duties would not be available to the full extent this
year, he thought it would be necessary to take a vote of credit for
£350,000. He concluded by moving resolutions authorizing him to make the
proposed additions to the taxes.
THE UNION OF THE CANADAS.
On the 23rd of March Lord John Russell moved for leave to bring in
a bill for the union of the Canadas. His lordship said, that he had
allowed no time to elapse since the arrival of the propositions from
the governor-general of Canada, who had taken the greatest pains to
ascertain the sentiments of the people in that colony upon the measure
he was about to introduce. In his opinion the union would not have
been expedient, had it been repugnant to the feelings of the Canadians
themselves. “But,” continued his lordship, “the council of Lower Canada
have been called together, and have passed resolutions agreeing to
the principle of an union, but leaving the details to the imperial
parliament. In Upper Canada, the measure has been much discussed,
both in the assembly and the legislative council; and, after a full
consideration of the whole question, a resolution in favour of the union
was passed, unfettered by any restrictions or conditions.” His lordship
proceeded to state the nature of the proposed union. With regard to the
legislative council and assembly, it was proposed, that, together with
the governor, they should form the legislature; and that the crown, or
the governor on the part of the crown, should appoint the legislative
crown councillors. The nomination of the council was to be for life, the
only disqualification being bankruptcy or crime. It was further proposed
that the number of representatives sent by Upper and Lower Canada should
be equal, with the power of adding members as the population increased.
Thirty-nine members were to be allowed to each province, and distributed
without any great alteration of the existing boundaries. In Upper
Canada, the towns of Kingston, Hamilton, Brockville, London, Niagara,
and Cornwall, and in Lower Canada, Montreal, Quebec, and the three
Rivers were each to send one member; the rest of the members for each
province were to be returned by districts which were to be denominated
“counties.” Lord John Russell next entered upon the question relating
to the laws, and to the mode in which they were to be enacted. A general
power only was to be given to the assembly to enact laws: certain
subjects were to be reserved for the assent of the crown, such as those
pointed out by the constitutional act of 1791. It was proposed that
money-votes should not originate with the assembly; but that a message
from the governor, giving the assembly the power of addressing him,
should precede any vote on such matters. A permanent appropriation was
to be made for the governor and judges, and the civil secretary and all
the various expenses connected with the civil establishments were to be
voted, either for a period of years, or during the life of the queen. It
was also proposed that the duties included in the act introduced by the
Earl of Ripon, and collected under the 14th George III., should become
part of the crown revenue. His lordship continued to say, that in Upper
Canada there was already the form of a municipal government: there were
townships and elective offices; and they had likewise districts formed
of two or more counties, which were attached to the local courts for the
administration of justice: but their powers were limited. He proposed
that the power of these municipal councils should be increased, and
that they should be enabled to lay a tax of threepence an acre upon
all lands. The same authority in local matters was to be granted to
the municipal courts in Lower Canada—that of forming districts and
settling the boundaries of such districts. His lordship concluded by
making some remarks on the clergy reserves, in the course of which he
stated that a bill had been passed by the Upper Canada assembly, which
proposed that the clergy reserves should be sold, and that one half of
the proceeds should be given to the churches of England and Scotland,
and that the remaining half should be divided among the clergy of all
denominations of Christians recognised by certain acts of the province,
such as that of registration. His lordship thought that this bill would
give general satisfaction; but Mr. Hume stated that the noble lord
was mistaken in supposing that such a bill would settle discontent in
Canada. The Canada union bill was read a first and second time without
opposition; and on the 29th of May Lord John Russell moved that the
house should go into committee on its details. After a few words in
opposition from Messrs. Pakington and O’Connell, and in support of it by
Messrs. Gladstone and Charles Buller, the house went into committee, and
the various clauses of the bill were all agreed to almost unanimously.
The third reading was carried by a majority of one hundred and fifty-six
against six. In the course of the discussion Sir Robert Peel had
suggested that the civil-list should be charged on the consolidated fund
of the provinces, and Mr. Ellis had proposed the omission of all the
clauses relating to district councils; and on a subsequent evening Lord
John Russell intimated that he should adopt those suggestions. On
the second reading in the house of lords, on the 30th of June, a
considerable discussion took place; but the bill was allowed to go into
committee without a division. In committee the Duke of Wellington moved
that the commencement of the operation of the act should be postponed
to fifteen months, instead of six, after its passing, as proposed by
government; and Lord Ellenborough moved a clause to empower the governor
and two-thirds of the council to suspend any member guilty of unworthy
and disreputable conduct. Both these amendments were agreed to, and the
bill afterwards was read a third time. A bill introduced by Lord John
Russell for the sale of the Canada clergy reserves also subsequently
passed, without much opposition, through both houses of parliament.
ECCLESIASTICAL DUTIES AND REVENUES BILL.
During Sir Robert Peel’s administration in 1835 an ecclesiastical
commission had been appointed for the purpose of considering what
changes could be made in the distribution of the revenues of the church
of England with benefit to the establishment and to the community at
large. These commissioners had made their report, and her majesty in her
speech at the opening of parliament had advised the prosecution of the
measures recommended by the commissioners. The plan chiefly consisted in
a modification of the constitution of chapters and cathedral colleges,
and in the reduction of the expenses of cathedral establishments to a
large amount; the saving to be expended in the augmentation of small
livings, and the supplying the existing want of spiritual instruction
by means of additional churches and resident clergymen. The measure
for these purposes, which was introduced in the commons by Lord John
Russell, created but little discussion and still less opposition; but
in the house of lords it was not looked upon with so much favour. The
second reading was moved by Lord Melbourne on the 27th of July, and
was carried by a majority of ninety-nine against forty-eight. The house
subsequently went into committee, and some amendments were proposed, but
none which affected the leading principles of the bill.
THE REGENCY BILL.
In consequence of a message from the crown, a bill was passed during
this session, appointing his royal highness Prince Albert regent in
the possible event of her most gracious majesty’s decease, during the
minority of any issue to her majesty, whilst such issue should be under
the age of eighteen years, and for the care and guardianship of such
issue. This bill was introduced by the lord-chancellor on the 16th of
July, and was passed with the unanimous approbation of both houses of
parliament.
PROROGATION OF PARLIAMENT.
Parliament was prorogued by her majesty in person on the 11th of August.
The speech congratulated both houses on the termination of the civil
war in Spain; and informed them that the government of Portugal had made
arrangements for satisfying certain just claims of some of her majesty’s
subjects, and for the payment of a sum due to this country under the
stipulations of the convention of 1827. Her majesty further said that
she was engaged, in concert with the Emperors of Austria and Russia
and the King of Prussia, in measures tending to effect the permanent
pacification of the Levant. After alluding to the disputes with China,
her majesty proceeded to make some remarks on the subject of Canada and
the legislative bodies of Jamaica, &c.: and the speech concluded with
an expression of regret that it had been found necessary to impose
additional burdens upon the people.
AFFAIRS OF BRITISH INDIA.
The army of the Indus having achieved the object for which it had
been sent to the north-western extremity of India, by seating Shah
Soojah-ool-Moolk on the throne of Cabul, and by storming the fortresses
of Ghuznee and Khelat, commenced its retrograde march in the middle of
October. 1839. The army marched in two divisions, one to Bengal, under
Sir J. Keene and the other to Bombay, by the Bolau Pass and Scinde. At
this time Dost Mohammed seemed shorn of his power; he had retired across
the Hindoo Koosh, the passes of which were guarded, and the chiefs
of Balkh and Bokhara refused to join him. But although the prowess of
British arms had wrested from him the throne of Afghanistan, Shah Soojah
was by no means secure of it a moment longer than he was supported by
European aid, The precarious tenure by which he held his power was seen
early in this year, when Syed Hoshein, the chief of Koona, sent a letter
to his majesty, couched in the most insulting terms, and stating that,
as he had heard the Russians were advancing, it was his intention to
join them. On hearing this Sir Willoughby Cotton, who commanded one
division of the force which was returning to Bengal, despatched Colonel
Orchard from Jellalabad, with a body of troops to attack the fort of
Pooshat, where the Koona chief resided. Pooshat was captured, but Syed
Hoshein escaped. The state of Affghanistan, however, still remained
unsettled, for Dost Mohammed was employed with restless activity in
intriguing among the native princes, with a view to recovering the
throne which he had lost; and at the close of the year the British
troops which had been left to support Shah Soojah imperatively demanded
refreshment and repose. In testimony of the services of the army of the
Indus, Lord Auckland resolved that all the corps, European and native,
in the service of the East India Company, which proceeded beyond
the Bolau Pass, should have on their regimental colours the word
“Affghanistan,” and such of them as were employed in the reduction of
the fortress of that name the word “Ghuznee” in addition. In the same
general order he stated, on behalf of the queen’s regiments, that he
would recommend to her majesty that the same distinction should be
granted to them. Besides this complimentary notice, Lord Auckland
ordered that a donation of six months’ full or field batta should
be given to officers and men of every rank attached to the army who
advanced beyond the Bolau Pass.
THE MARRIAGE OF THE QUEEN.
Her most gracious majesty Queen Victoria was married to Prince Albert
of Saxe-Cobourg-Gotha on the 10th of February. This event gave great
satisfaction to the people generally, both in the dominions of her
majesty and in the duchy of Saxe-Cobourg-Gotha.
STATE OF THE CONTINENT.
During this year the Carlists in Spain were compelled to give up the
contest which they had so long carried on against the queen regent. All
the principal places held by the chiefs of that party still remaining in
the country, fell into the hands of the Christino generals; and Cabrera
and Balemaseda took refuge in France, while Borso, another Carlist
leader, was captured and shot. In the spring of this year a question
arose with the Neapolitan government and the British cabinet, which led
to hostilities on the part of England, and at one time threatened to
involve other powers in Europe in a general quarrel. This question
related to the “sulphur monopoly.” A treaty existed which gave certain
commercial advantages to England in respect of sulphur, and the treaty
set forth that the Neapolitan government was not to grant any
state mercantile privileges hostile to the British interests. But
notwithstanding this distinct stipulation, the King of Naples granted
some natives of France, in 1838, as well as others of different
countries, a monopoly of all the sulphur produced and worked in Sicily.
Great Britain naturally considered this grant to be a direct infraction
of the stipulation of the existing treaty; and Lord Palmerston called on
the Neapolitan government for the immediate termination of the monopoly,
and full indemnity for all losses sustained by British subjects arising
therefrom. The king professed to comply: Prince Cassaro, the minister
for foreign affairs, wrote a note to Mr. Kennedy, stating that the
monopoly should be abolished, and that the King of Naples acted thus
in deference to England. Shortly afterwards, however, his Neapolitan
majesty signified to the British minister that he had determined not to
consent to the demands of Great Britain, he not considering the sulphur
contract a violation of the treaty of 1816. The British government now
proceeded to enforce its demands: orders were sent to Admiral Sir R.
Stopford, in the Mediterranean, to hold himself in readiness to commence
active hostilities against the Neapolitan flag. Hostilities commenced on
the 17th of April by the British ships of war in the vicinity of Naples;
an embargo was laid on all in the ports of Malta that bore the Sicilian
flag. At first the king prepared to resist: but he was induced finally
to accept the proposed mediation of France, in adjusting the quarrel,
on the principle that the monopoly should be dissolved, and an indemnity
given to the contractors. Early in May amicable relations between the
courts of England and Naples commenced. In the month of July this year,
the affairs of the Levant were brought to a crisis. A convention was
signed at London between England, Russia, Austria, and Prussia—France
declined to concur in it; whereby the following ultimatum was offered
to the viceroy of Egypt. He was to have the hereditary sovereignty of
Egypt, and the possession of the pashalic of St. Jean d’Acre for life.
If within ten days from the notification of these terms the pasha should
not accept them, the Sultan was to offer him Egypt alone; and, if he
still persisted in refusing, the four powers were to compel him by force
to accede to the proposed settlement. Disliking the terms, Mehemet Ali
endeavoured to gain time by offering a negociation with the Porte: Rifat
Bey was sent to Constantinople with certain proposals; but these were
not deemed satisfactory; and the Sultan, acting upon intemperate
advice, pronounced the formal deposition of the Sultan of Egypt from his
pashalic, and sent a firman to Alexandria to notify that event. Mehemet
Ali intimated his intention of repelling force by force; and it was then
resolved by the four powers that the ports of Syria and Egypt should
be declared to be in a state of blockade. Captain Napier immediately
captured some Egyptian vessels off the coast of Syria; and on the 9th of
September, Admiral Stopford appeared off Beyrout, and the next day made
preparations for bombarding and taking that town and fortress. Beyrout
was captured, and the troops of Ibrahim Pasha, which consisted of 14,000
men, subsequently dispersed, while he himself fled to Damascus. The
ports of Syria and Alexandria were now strictly blockaded, and in a
short time after, Tripoli, Tortosa, and Latakia were evacuated by their
Egyptian garrisons, St. Jean d’Acre was next captured, and the Egyptian
garrisons in Caiffa and Jaffa immediately evacuated those places; and
while they were endeavouring to force for themselves a passage through
Palestine into Egypt, were taken prisoners of war. The Syrian tribes,
which had hitherto been in the interest of the Pasha of Egypt, now
declared in favour of the Sultan, and on the 19th of November the
Seraskier was informed that the garrison and inhabitants of Jerusalem
had returned to their allegiance to the Porte. About this time
negociations were commenced between Commodore Napier and the Pasha of
Egypt, but the year closed before a convention was ratified. In Holland,
this year was signalized by the abdication of its monarch, William I.
In the month of October he voluntarily laid down the crown, and was
succeeded by his eldest son, the Prince of Orange, who ascended the
throne by the title of William II. In Prussia there was also a change
in the monarchy: Frederick William III. expired at Berlin on the 7th of
June, and he was succeeded by his son Frederic William IV.
CHAPTER LII.
{VICTORIA. 1841—1842}
Meeting of Parliament..... Poor-law Amendment Act.....
Jews’ Civil Disabilities Removal Bill..... Church of
Scotland; Non-intrusion Question, &c. Law Reform.....
Financial Statements..... Discussion on the Corn-laws.....
Resolution of Want of Confidence in the Government.....
Prorogation and Dissolution of Parliament..... State of
Parties..... Meeting of the new House of Commons,
&c. Resignation of Ministers..... Sir Robert Peel’s
Administration..... Statement of Sir Robert Peel as to his
intended Course of Proceeding, &c. Financial
Statement..... Poor-laws, &c. East India Affairs.....
State of the Continent.
MEETING OF PARLIAMENT.
{A.D. 1841}
Parliament was opened by her majesty in person, on the 26th of January.
Her majesty’s speech chiefly referred to the posture of affairs in the
Levant and China, and to serious differences which had arisen between
Spain and Portugal about the execution of a treaty concluded by those
powers in 1835, for regulating the navigation of the Douro.
On the 4th of February the Earl of Minto moved the thanks of the house
to Admiral Sir Robert Stopford, G.C.B., and the officers and men under
his command in the late operations on the coast of Syria. This motion
was carried _nem. con_. The same unanimity prevailed also in the commons
on the same subject.
POOR LAW AMENDMENT ACT.
On the 29th of January Lord John Russell moved in the house of commons
for leave to bring in “a bill to continue the poor-law commission for a
time to be limited, and for the further amendment of the laws relating
to the poor in England.” The powers of the commissioners were to be
continued for ten years, and when his lordship had made this known,
several members, as Sir. Burdett, and Messrs. Wakley and Hume, opposed
such an extension of powers to them. Leave, however, was given to bring
in the bill on the 8th of February; and an important debate took place
on the second reading. The debate was opened by Mr. D’Israeli, who
opposed the bill, and moved that it should be read that day six months.
Mr. Wakley seconded this amendment. The motion was carried by a majority
of two hundred and one against fifty-four. But although the principle of
the bill was thus emphatically confirmed, yet on several occasions the
attacks upon it were renewed by its opponents with much acerbity. Upon
the motion for the committal of the bill, Mr. Townley Parker moved, and
Mr. Grimsditch seconded the motion, that it should be committed that day
six months: but this was negatived by a large majority, and the bill was
committed. When the bill was in committee, government gave up the
longer period of ten years for the continuance of the powers of the
commissioners, and reduced it to five, in deference to the opinion
expressed by Sir Robert Peel, and other members. After this, the
bill was considerably delayed in its progress by a great variety of
amendments suggested by members on both sides of the house, to several
of which government assented, and one or two of which were carried
against the wishes of ministers.
JEWS’ CIVIL DISABILITIES REMOVAL BILL.
During this session, Mr. Divett, one of the members for Exeter,
introduced a bill, the object of which was to do away with the
declaration required by the municipal corporations act from all persons
taking corporate offices, by reason of which members of the Jewish
persuasion had been debarred from holding civic magistracies. This bill
was opposed on the second reading by Sir R. Inglis; but on a division
it was carried by a majority of one hundred and thirteen against
twenty-four. On the third reading Mr. Gladstone moved that it be read
that day six months; a motion which was seconded by Mr. Pringle; both
objecting to the principle of the bill, as hostile to the constitution
and repugnant to the feelings of Christians. Mr. Macauley and Lord
Sandon supported, and Mr. Goulburn and Sir R. Inglis opposed the
measure. The third reading was carried in the commons by a majority of
one hundred and eight against thirty-one; but the bill experienced a
different fate in the house of lords. It passed a second reading; but
on the third reading its rejection was moved by the Bishop of Llandaff,
which was carried by ninety-eight against sixty-four: the bill was
consequently lost.
CHURCH OF SCOTLAND: NON-INTRUSION QUESTION, ETC.
On the 1st of May, the Duke of Argyle introduced a measure with
reference to the right of patronage in the church of Scotland: a
question which had been long the subject of controversy. In introducing
his bill, the noble duke, after referring to the history of the various
acts of the legislature affecting the right of patronage in the church
of Scotland, proceeded to read some letters from Drs. Gordon and
Chalmers, and others of the dominant party in the church, with the view
of showing that the total abolition of patronage, as by law established,
was not the means by which this party desired the settlement of the
existing differences. The object of the bill proposed, the noble
duke subsequently explained, was to give effect to the principle of
non-intrusion on the right of the congregation to give their approval or
dissent to the appointment of any presentee that might be offered them
by the patron. He felt convinced, he said, that unless some measure to
this effect were passed, the most lamentable consequences to the church
of Scotland would ensue, and there can be no doubt but a secession of
a large number of the members of the church would take place; while, if
the principle of non-intrusion were conceded, the surest means would
be taken to put an end to the agitation of those who were opposed to
patronage. Lord Aberdeen said that he wished to give full expression
to the genuine and honest feelings and wishes of the people in these
matters, but he could not give his support to a measure which might lead
to the monstrous consequence of compelling the presbytery to reject a
presentee, though he were objected to for no other reason than because
he had been presented, or because he had been compelled to take the oath
of allegiance. Lord Dunfermline and the earl of Haddington opposed, and
the marquess of Breadalbane supported the measure, and it was read a
first time. On the 27th of May, the general assembly of the church of
Scotland deposed seven clergymen of the presbytery of Strathbogie, and
these seven ministers appealed to parliament. A petition was presented
from them on the 15th of June, by Lord Aberdeen, in which they called
upon the house to save them, by its interference, from the consequences
of the sentence which had been pronounced. This petition gave rise to
a discussion in the house of lords, but no step was taken for the
restoration of the deposed ministers.
LAW-REFORM.