Two bills were introduced for this purpose in the house of commons. The
first of these was introduced by Mr. Kelly, who proposed to abolish the
punishment of death for all the crimes still capital, except murder and
treason. This motion was seconded by Mr. Ewart, and the bill was brought
in; but shortly afterwards a measure was introduced on the part
of government, by Lord John Russell, which proposed to abolish the
punishment of death in certain cases of embezzlement; for the offence of
returning from transportation; for burning ships, where the act involved
no treasonable intent; and for the crime of rape. Mr. Kelly approved of
this measure as far as it went, but contended for the superiority of his
own more comprehensive measure. He particularly objected to leaving the
offence of setting fire to ships in the royal dock-yards capital, and to
retaining the punishment of death for attempts to murder. Mr. Kelly’s
bill went first into committee; but he experienced so many defeats that
he was induced to leave government to deal with their own measures on
the same subject. The result was, that near the close of the session a
bill was passed, whereby the punishment of transportation for life is
substituted for death in all cases of forgery and embezzlement, which
had before remained capital, and the crime of rape is made subject to
the same mitigated penalty.
FINANCIAL STATEMENTS.
On the 31st of April, the chancellor of the exchequer entered into his
financial statement. When he came forward last year, he said, he had
anticipated that the expenditure would amount to £49,499,000, and the
income to £48,641,000; leaving a deficiency of £858,000. The results
of the year had proved less favourable than he had anticipated: the
expenditure had amounted only to £49,285,000, but the income had only
reached £47,443,000, leaving a deficiency of more than £1,840,000.
He calculated that the expenditure for the ensuing year would be
£50,731,226, and the income £48,310,000, which would leave a deficiency
of £2,421,000 to be provided for. In order to raise the revenue, Mr.
Baring proposed to deal with the two articles, timber and sugar. The
present duty on colonial timber, he said, amounted to ten shillings
a load, and on Baltic timber fifty-five shillings. These duties he
proposed to modify, by raising that on colonial to twenty shillings,
and reducing that on Baltic to fifty shillings a load, by which he
anticipated an increased revenue of £750,000. He next explained that the
alteration which he intended to propose in the sugar-duties would still
leave a protection of fifty per cent. to colonial sugar. He would leave,
he said, the duty on colonial sugar at the present amount of twenty-four
shillings per cwt., but that on foreign sugar, amounting to sixty-three
shillings, he proposed to reduce to thirty-six shillings per cwt.; from
which change he expected an augmentation of revenue of £700,000. There
would still, he said, be a deficiency to be provided for. But Lord
John Russell had that evening given notice of his intention at an early
period to submit the question of the corn-trade to the consideration of
the house; and if the propositions of his noble friend were agreed to,
he should be under no uneasiness about the deficiency; if not, it would
be his duty to make provision by direct taxation. Messrs. Hume, Ward,
Villiers, and other members, expressed their satisfaction at the
propositions of the chancellor of the exchequer, while Lord Francis
Egerton, Viscount Sandon, Sir Robert Peel, and Messrs. Goulburn and
Christopher, complained of them, and especially of the announcement of
an intended alteration in the corn-laws. The debate on the budget was
protracted to a considerable length, and the nature of the discussion
will be seen in the following article.
DISCUSSION ON THE CORN-LAWS.
The announcement made by Mr. Baring, that an alteration in the corn-laws
was contemplated by government, caused the anti-corn-law party to set to
work with activity to organize new associations, to despatch lecturers
and emissaries, which might rouse the public mind throughout the
country, and to get up requisitions for public meetings in the principal
towns. In parliament, also, the opposition lost no time in coming to the
attack. On the 3rd of May, the Duke of Buckingham presented one hundred
and twenty petitions against a repeal of the corn-laws.
In the house of commons, Viscount Sandon gave notice of the following
resolution, which he would move on going into the committee of ways and
means: “That, considering the efforts and sacrifices which parliament
and the country have made for the abolition of the slave-trade and
slavery, with the earnest hope that their exertions and example might
lead to a mitigation and final extinction of those evils in other
countries, this house is not prepared, especially with the present
prospects of the supply of sugar from the British possessions, to adopt
the measure proposed by her majesty’s government for the reduction of
the duty on foreign sugars.” Lord John Russell gave notice, in the event
of the house not going into committee on the sugar duties, and
Viscount Sandon’s resolution being put from the chair, he should move
a counter-resolution; namely, “That it is the opinion of this house,
that it is practicable to supply the present inadequacy of the revenue
to meet the expenditure of the country, by a judicious alteration of
protective and differential duties, without any material increase of the
public burdens; that such a course will, at the same time, promote the
interests of trade, and afford relief to the industrious classes, and is
best calculated to provide for the maintenance of the public faith and
the general welfare of the people.” A third notice was given by Mr.
O’Connell, to the effect that any diminution of the duty on foreign
sugar should be limited to that which was produced by free labour, and
not extend in any way to the produce of slave labour. The debate on the
sugar question was preceded by the presentation of petitions both for
and against the alterations proposed by government. In commencing the
debate, which lasted eight nights, Lord John Russell took the formal
motion for going into committee out of Mr. Baring’s hands, and
availed himself of the opportunity for pre-occupying the ground, and
anticipating the arguments of his opponents. In his speech his lordship
remarked, that if this had been merely a financial question, he should
have left it in the hands of the chancellor of the exchequer. He
regarded it, however, as constituting, by the variety and magnitude of
its relations, a great national subject. Government were well aware,
he continued, at the commencement of the year, that the finance of
the country was matter of great difficulty, and would require great
attention. Their resolution to consider the corn-laws was formed before
the 11th of March, when the notice was given that the colonial duties
would be reviewed.
Government had to meet a deficiency of £2,400,000. It was open to the
house to have objected to the expenditure at the time; but now to oppose
the going into committee of ways and means, without suggesting any other
plan as preferable to that of the government, was unworthy of a great
party. Ministers had preferred the plan of altering the import duties,
as now proposed, for the purpose of relieving instead of oppressing the
people. Being prepared to deal with sugar and timber as questions of
revenue, they would not have been justified in excluding the other great
question, that of corn; especially with their opinions on the merits of
that question, and their belief that, sooner or later, it must be made
the means of an extensive change in the commercial situation of this
country. Before the house had gone into committee, Lord John Russell had
announced the rate of duties which he meant to propose on corn; namely,
on wheat, a duty of eight shillings per quarter; on rye, of five
shillings; on barley, of four shillings and sixpence, and on oats, of
three shillings and sixpence. His lordship now said that the duties he
meant to propose, added to the charge of freight, would constitute a
sufficient protection, keeping the price of wheat, in all probability,
at from fifty to sixty shillings a quarter. With respect to sugar,
he considered the true principle was protection, not prohibition. He
entered into some details, for the purpose of showing that West Indian
interests would be protected under the proposals of ministers, and
that freedom of commercial intercourse among nations had a tendency to
improve and cheapen the productions of each. By the admission of foreign
sugar, his lordship said, the industry of the West Indies would be
stimulated to better means of production, and the English labourer would
obtain his sugar on more reasonable terms. His lordship next entered
into various statistical details, to prove that the great measure of
slave emancipation had been eminently successful; and that the condition
of the negroes was not only promising, but prosperous. On Lord
John Russell’s resuming his seat, Viscount Sandon rose to propose a
resolution of which he had given notice.
Lord John Russell then moved _pro forma_ the resolution of which he had
given notice as an amendment to Viscount Sandon’s; but it was negatived
without a division; and that of Viscount Sandon’s being carried, the
house adjourned. After this defeat it was generally expected that
ministers would resign; but on the next day business was resumed,
and carried on as though nothing of importance had happened; and when
business was over Lord John Russell simply moved that the house at its
rising should adjourn to the Monday following. The Earl of Darlington,
on hearing this, said that he had been relieved of all suspense as to
the intentions of government: it was plain that they meant to stay in
office with a tenacity unparalleled in the history of governments,
and with the deliberate decision of the house of commons unequivocally
declared against them. He asked when Lord John Russell intended to bring
forward the question of the corn-laws. And his lordship replied, “On
Friday, the 4th of June;” but before that day arrived ministers had
suffered another signal defeat, and were compelled to postpone the
subject.
RESOLUTION OF WANT OF CONFIDENCE IN THE GOVERNMENT.
On the first day on which the house met after its temporary adjournment,
Sir Robert Peel gave notice that he should move, on the 27th of May,
this resolution:—“That her majesty’s ministers do not sufficiently
possess the confidence of the house of commons to enable them to carry
through the house measures which they deem of essential importance to
the public welfare; and that their continuance in office under such
circumstances is at variance with the spirit of the constitution.” On
the day named the right honourable baronet introduced this resolution
with a speech of considerable length and ability. The debate which
ensued lasted five nights; in the course of which much was said for
and against the motion. The leading speakers in support of it were Lord
Stanley, Sirs James Graham and William Follett, and Messrs. Christopher
and Sergeant Jackson; those against it were Viscount Morpeth, Sir George
Grey, Dr. Lushington, and Messrs. Macauley, Handley, O’Connell, and
Shiel. Towards the close of the debate, Lord John Russell denied that
the motion was in the spirit of the constitution, and ably defended his
own conduct and that of his colleagues in retaining office. Sir Robert
Peel briefly replied; and on a division the motion was carried by a
majority of three hundred and twelve against three hundred and eleven.
After this division, Lord John Russell announced that he would state
on the following Monday the course which the government should resolve
under existing circumstances to pursue.
PROROGATION AND DISSOLUTION OF PARLIAMENT.
At the meeting of the house on the following Monday, after moving the
order of the day for the committee of supply, Lord John Russell said
that he and his colleagues had come to the determination not to bring
on the alteration of the corn-laws as a government measure. He further
stated that, after the late division, he felt that tire government could
expect no further majorities in the house of commons, and that they
would not make any further struggle for the retention of their offices
until the opinion of the nation had been ascertained. A desultory
conversation followed, in which his lordship expressly declared that the
intentions of government were to advise that no time should be lost in
dissolving the present Parliament, and that a new one should be summoned
without delay. Subsequently the house resolved itself into a committee
of supply; and the estimates were voted without opposition. The session
was now virtually at an end, although the condemned parliament lingered
on for about a fortnight after the ministerial announcement of a
dissolution. In the course of that period Lord John Russell announced
many bills, in more or less advanced stages, as abandoned; but he still
sought to carry the bill for the better administration of justice. This
bill, however, was opposed by Sir E. Sugden, who moved that it should
not come into operation till the 10th day of October. This motion was
carried; and Lord John Russell then declared his determination to throw
up the bill altogether. It thus fell to the ground; but it was revived
in the next session, and then passed into a law. After this discussion
nothing worthy of note occurred; and on the 22nd of June, parliament
was prorogued by the queen in person, after having previously given her
assent to the appropriation and other bills. The lord-chancellor then
declared parliament to be prorogued to Tuesday, the 29th of June; and
on the following day the queen’s proclamation was issued, by which the
parliament thus prorogued was declared to be dissolved; and writs for a
new one were issued, returnable on the 19th of August. Thus terminated
the first session of 1841; a more barren and unprofitable one than which
is not to be found in the annals of modern parliaments. It lasted nearly
five months, and yet all the great questions brought forward were still
in an unsettled state. It has indeed been well remarked, that “the whole
operations of this session might have been at once blotted out of the
records of parliament, with scarcely any sensible effects upon the laws
or institutions of the country.”
STATE OF PARTIES.
On the dissolution of parliament both the great parties in the
state—the Conservatives and Liberals—prepared themselves for the
struggle which was immediately to ensue at the general election. The
hopes and expectations of the two parties were essentially different. On
the one hand, the Conservative party had been for some time increasing
in numbers throughout the country. Their ranks had been recruited
by those who had been accustomed to identify themselves with their
opponents, but who believed that the time was come when the exigencies
of the country demanded a strong and efficient government, and who were
willing to accord to Conservative statesmen the merit of being ready to
support all measures of real amendment; knowing that they only had the
power of carrying such measures into effect. There were, moreover,
many who although they stood aloof from the Conservative party, and
professed jealous suspicion of its future policy, who were not averse
to give it once more a trial in the possession of power. It was clear,
indeed, that the Conservative party at this period stood the highest in
the estimation of the people. The landowners and farmers were united in
their favour, and the mercantile body, alarmed at the attack which had
been made upon our West Indian and Canadian interests in the articles of
sugar and timber, agreed, too, in an anxious desire for their return to
power. The Liberal party, however, could still reckon confidently upon
the support of the Radicals; and they had an advantage even from their
recent defeat. The defeat happened in consequence of certain financial
measures which they brought forward in their budget, which measures
assumed the character of a removal of disabilities from trade. This
afforded good grounds for an appeal to the people, and an attack
upon monopoly. Land-owners and West Indian proprietors were styled
monopolists: the former, because the legislature had imposed a duty on
corn for the protection of agriculture; and the latter, because their
interests were protected by a duty on sugar. In like manner it was
attempted to excite popular odium against other classes, as favoured
in the acquisition of wealth at the expense of the community: all who
supported the Conservatives were subjected to the same charge, while the
supporters of government were exultingly denominated anti-monopolists.
The watchword of the Liberal party was, in truth, “anti-monopoly;”
and a strenuous effort was made to enlist popular feeling in its behalf.
This cry, however, did not succeed.. Even the city of London, which had
before returned four Liberals, now returned only two, which were coupled
with two Conservatives. As for the elections, in the counties they went
everywhere against the ministry: and in the towns and manufacturing
districts the cry of “Low wages!” was raised against that of “Cheap
bread!” with considerable effect. In a word, the returns proved more
favourable to the Conservative party than the most sanguine among them
had anticipated; and it appeared certain that Sir Robert Peel would
command a stronger and more efficient majority than had supported any
minister for a long period.
MEETING OF THE NEW HOUSE OF COMMONS, ETC.
The new session of parliament was opened by commission on the 19th of
August, and the speech was read by the lord-chancellor on the 24th of
the same month. The speech referred to a treaty concluded on the 15th of
July, 1840, between her majesty and the Emperor of Austria, the King of
Prussia, the Emperor of Russia, and the Sultan, the objects of which,
it was said, had been fully accomplished. The speech also informed the
house that her majesty had ordered the return of her minister to the
court of Persia, and announced that the 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 had
been amicably adjusted. In reference to the disputes with China, a hope
was expressed that the emperor would see the justice of the demands
which her majesty’s plenipotentiaries had been recently instructed to
make. The speech concluded thus:—“My lords and gentlemen,—We are more
especially commanded to declare to you that the extraordinary
expenses which the events in Canada, China, and the Mediterranean have
occasioned, and the necessity of maintaining a force adequate to the
protection of our extensive possessions, have made it necessary to
consider the means of increasing the public revenue. Her majesty
is anxious that this object should be effected in the manner least
burdensome to her people: and it has appeared to her majesty, after
full deliberation, that you may at this juncture properly direct your
attention to the revision of duties affecting the productions of foreign
countries. It will be for you to consider whether some of these duties
are not so trifling in amount as to be unproductive to the revenue,
while they are vexatious to commerce. You may further examine whether
the principle of protection upon which others of these duties are
founded be not carried to an extent injurious alike to the income of the
state and the interests of the people. Her majesty is desirous that you
should consider the laws which regulate the trade in corn. It will be
for you to determine whether these laws do not aggravate the natural
fluctuation of supply—whether they do not embarrass trade, derange the
currency, and by their operation diminish the comfort and increase the
privations of the great body of the community.” In the house of lords
the address was moved by Earl Spencer, and seconded by the Marquess of
Clanricarde, both of whom in their speeches vindicated the conduct of
government, and advocated the repeal of the corn-laws. The address was
opposed by the Earl of Ripon, who arraigned government on many points,
more especially on their financial operations. He concluded a long and
able speech by proposing as an amendment, that an address be presented
to her majesty, “humbly to represent to her majesty, that we observe
with great concern that the public expenditure has of late, in each of
several years, exceeded the annual income, and that we are convinced of
the necessity of adopting measures for the purpose of remedying so
great an evil: To assure her majesty that we are deeply sensible of
the importance of those considerations, to which her majesty has been
graciously pleased to direct our attention in reference to the commerce
and revenue of the country, and to the laws which regulate the trade in
corn: That in deciding the course which it may be advisable to pursue
with reference to such matters, it will be our earnest desire to consult
the interest and promote the welfare of all classes of her majesty’s
subjects: That we feel it, however, to be our duty humbly to submit
to her majesty that it is essential to the satisfactory results of our
deliberations upon these and other matters of public concern that her
majesty’s government should possess the confidence of this house and
of the country; and respectfully to represent to her majesty that that
confidence is not reposed in the present advisers of her majesty: To
assure her majesty that in the gracious expression of her majesty’s deep
sympathy with those of her subjects who are now suffering from distress
and want of employment, we recognise an additional proof of her
majesty’s tender regard for the welfare of her subjects; and that we
cordially join in the prayer of her majesty that all our deliberations
may be guided by wisdom, and may conduce to the happiness of her
people.” Viscount Melbourne expressed himself to the effect that
the Earl of Ripon’s motion came like a thunder-clap upon him. He was
ignorant that there existed in the house the spirit on which the motion
seemed to proceed. The Duke of Wellington, after alluding to the various
allegations brought against government by the Earl of Ripon, said that
they sufficiently justified him in calling on that house to vote
against the address. He continued to animadvert upon, and to condemn the
introduction of her majesty’s name in the royal speech, in such a way
as to give the country to believe that those who opposed the proposed
alterations in commerce opposed her majesty. At the same time the
noble duke passed a warm eulogium upon the general conduct of Viscount
Melbourne in his relation to the crown, frankly admitting that the noble
viscount had rendered the greatest possible service to her majesty, in
making her acquainted with the mode and policy of the government of this
country; initiating her into the laws and spirit of the constitution;
and teaching her to preside over the destinies of the empire of Great
Britain. His grace concluded by making some severe remarks on the
budget, about which so much had been said; and by expressing himself to
be still adverse to any alteration in the corn-laws. The noble duke was
followed by the Duke of Richmond, who, in a short speech, advocated the
interests of the agriculturists. The Marquess of Lansdowne said that
the government had not proposed a repeal of the corn laws _in toto_, as
the Duke of Richmond seemed to have understood: they simply contemplated
some change. After a few words from the Earl of Coventry and the
Marquess of Northampton, in support of the amendment, and from Lord
Brougham, partly in favour of the address, and partly condemnatory of
the measures of government, their lordships divided on the original
question, when there appeared for it only ninety-six, and against it one
hundred and sixty-eight; so that ministers were left in a minority of
seventy-two.
In the commons the first business performed was the election of a
speaker, and Mr. Shaw Lefevre was re-elected by the consent of all
parties. The house then adjourned; after which several days were
consumed in swearing in members. This being done, the speaker having
read from the chair the speech delivered in the other house by the
lords-commissioners, an address was moved in consonance with it by Mr.
Mark Phillips, and seconded by Mr. John Dundas. An amendment was moved
by Mr. J. S. Wortley, which expressed the regret of the house at the
recent increase of expenditure; its determination to provide for that
increase; its earnest desire to promote the welfare of her majesty’s
subjects; and respectfully to represent to her majesty the necessity
that her ministers should enjoy the confidence of the country, which the
present administration did not possess. This amendment was seconded
by Lord Bruce; and a long discussion followed, in which many members
expressed their views. The result showed that ministers were even
deserted by some of their tried friends: even Mr. Roebuck declared that
he should vote in favour of the amendment. On this occasion Mr. Cobden,
who had been elected in the new parliament, and who was destined to be
the greatest antagonist of the corn-laws that had ever appeared in the
house of commons, came forward to express his views on the subject. On
a division the amendment was carried by a majority of three hundred and
sixty, against two hundred and sixty-nine. When the house of commons
met for the purpose of receiving the report on the amended address,
Mr. Sharman Crawford proposed another amendment, to the effect that the
house would feel it their duty so to extend the suffrage as to give
to the working classes their just weight in legislation; but this was
negatived by an overwhelming majority.
RESIGNATION OF MINISTERS.—SIR ROBERT PEEL’S ADMINISTRATION.
At the next meeting of the house of commons, Lord Marcus Hill appeared
at the bar, and read this answer to the address:—“It is the greatest
satisfaction to me to find that the house of commons are deeply sensible
of the importance of those considerations to which I directed their
attention in reference to the commerce and revenue of the country, and
the laws which regulate the trade in corn; and that, in deciding on the
course which it may be desirable to pursue, it will be their earnest
desire to consult the welfare of all classes of my subjects. Ever
anxious to listen to the advice of my parliament, I will take immediate
measures for the formation of a new administration.” The division on Mr.
J. S. Wortley’s amendment had so emphatically declared the sense of the
new house of commons upon the continuance of the Whig government,
that no other course remained to them but retirement from office.
Accordingly, on the 30th of August, Viscount Melbourne in the lords,
and Lord John Russell in the commons, intimated that they and their
colleagues had resigned, and that they only continued to hold their
respective offices till their successors were appointed. The task of
forming a new government was assigned by the queen to Sir Robert Peel,
and this time he was successful; the change embracing the queen’s
household. The following were the principal members of the new
administration:—the Duke of Wellington was leader in the lords; Sir
Robert Peel himself was first lord of the treasury; Lord Lyndhurst
became lord-chancellor; the honourable H. Goulburn, chancellor of the
exchequer; Lord Wharncliffe, president of the council; the Duke of
Buckingham, privy-seal; Sir James Graham, home-secretary; Earl of
Aberdeen, foreign secretary; Lord Stanley, colonial secretary; Earl of
Haddington, first lord of the admiralty; Lord Ellenborough, president
of the board of control; Earl of Ripon, president of the board of trade;
Sir H. Hardinge, secretary-at-war; Sir E. Knatchbull, treasurer of the
navy and paymaster of the forces; and Lord Lowther, postmaster-general.
After the new government was formed, writs were moved for in the commons
for various places, in consequence of the acceptance of office of those
members who belonged to that house; and the house afterwards adjourned
until the 16th of September.
STATEMENT OF SIR ROBERT PEEL AS TO HIS INTENDED COURSE OF PROCEEDING,
ETC.
The re-election of the members of government took place without the loss
of a seat, and the house of commons reassembled on the day appointed.
Business was commenced by Sir Robert Peel moving _pro forma_ for a copy
of the letter of the first commissioners of woods and forests, on the
subject of warming and ventilating the new houses of parliament. The
right honourable baronet on this occasion stated his intentions as to
the course to be pursued with respect to the public business of the
country.
FINANCIAL STATEMENT.
Mr. Goulburn brought forward his financial statement in a committee
of ways and means on the 27th of September. He first stated what was
wanted, showing that the house was called on to provide for a deficiency
of £2,467,432. This sum, he said, did not differ materially from the
deficiency anticipated by his predecessor; and to meet it he proposed
funding a portion of the unfunded debt. He had, indeed, already made
proposals to the public, which, he said, had been completely successful;
the subscription he had obtained would enable him to give the requisite
relief. The sum subscribed exceeded £3,500,000; and the terms he had
offered were not higher than those offered by Mr. Spring Rice in 1838.
The bonus would be found to be about 18s. 10d. per cent. With respect to
the requisite supply, immediate taxation was out of the question; and he
should therefore propose a mode of supply, which as a permanent resource
he should deprecate, by an issue of exchequer-bills or a sale of stock,
at the option of government. He suggested this alternative method,
in order that the market might not be presently flooded again with a
quantity of exchequer-bills equal to that from which it had just been
relieved. Mr. Goulburn concluded by moving a resolution in accordance
with the plan which he had explained, for funding the recent
subscriptions in three per cent, consols. This proposition met with
considerable opposition from Mr. Baring and other members; but the
resolutions necessary for carrying it out were, nevertheless, passed
without a division.
POOR LAWS, ETC.
The only measures of importance brought forward this session, after the
supplies had been granted, were the bill for the better administration
of justice in the court of Chancery, and the poor-law commission
continuance bill. The former of these measures was merely a revival of
that which was thrown up by the former government, as seen in a previous
page; and it now quickly passed both houses, and received the royal
assent. The latter subject gave rise to more opposition and debate.
It was brought forward by Sir Robert Peel on the 21st of September,
by moving for leave to bring in a bill to continue the office of
commissioners for six months only; namely, till 31st July, 1842. In the
course of the discussion, Mr. Lefroy bore testimony to the generally
successful working of the Irish poor-law. On the house going into
committee, Mr. R. Yorke moved an instruction to the committee, to
the effect that the poor-law commissioners should not be empowered to
enforce separation between man and wife, except where application for
relief arose from idleness, vice, or crime. The honourable member quoted
the injunction of Scripture against separating those whom God had joined
together, and called on members on the ministerial side to redeem the
pledges they had given to their constituents. After some discussion,
this instruction was negatived.
The bill went through the committee and passed.
Parliament was prorogued by lords-commissioners on the 7th of October.
EAST INDIA AFFAIRS, ETC.
It has been seen in the last chapter that Dost Mohammed was still in
arms. About the close of the last year his army was completely routed
at Bamean by Brigadier Dennie, and he then fled across the Hindoo
Koosh into the Khoohun territory. In the mean time, Sir Robert Sale was
employed in reducing the strongholds of the partizans of the ex-king in
Kohistan; a work in which he experienced considerable difficulty, owing
to the determined manner in which the forts were defended. Dost Mohammed
subsequently summoned his son Afzul Khan to join him, and he moved
from the Nijrow towards the Ghorebund Pass, leading into the Kohistan
valley, to effect the junction. Sir Robert Sale, hearing of this
movement, resolved to frustrate its object, and breaking up his camp at
Bolan, proceeded towards Purwau. At Purwau a battle took place, and Dost
Mohammed again received a signal defeat. His soldiers refused to make
any further efforts against the British forces, and Dost Mohammed threw
himself upon the generosity of his foes, surrendering himself to
Sir William M’Naghten on the 3rd of November. His confidence was not
misplaced; he was permitted to take up his residence at Loodianah, and a
yearly pension of three lacs of rupees (£30,000) was granted to him. His
treatment was so generous that he wrote to his three sons, who were
in different parts of the country, to follow his example, and deliver
themselves up to the British. During the remainder of this year
Afghanistan remained comparatively tranquil; nothing occurred of a
hostile nature except the capture of the old fort of Khelat-i-Ghilzee by
Major Lynch, on which occasion the garrison was destroyed by a mistake,
an event which caused great commotion among the whole of the Ghilzee
tribe, as will be seen in a future page. It may be mentioned that in
Scinde, during this year, the fortress of Khelat, which had again
fallen into the hands of the enemy, was recaptured, and the whole of the
Punjaub fell into a state of disorganization; but the British were not
called upon to interfere in the internal dissensions which shook the
throne, so long and ably occupied by our steadfast ally, Runjeet Sing,
whose death gave rise to the commotions.
In China, after Chusan fell into our hands. Admiral Elliot, accompanied
by Captain Elliot, sailed to the Pechelee harbour, where he arrived
on the 9 th of August, 1840. On the 30th of that month an interview took
place between Captain Elliot and Keshen, the-imperial commissioner, the
third man in the empire, and the negociations were protracted until the
15th of September, on which clay the admiral sailed away from the Peho.
When the squadron returned to Chusan, it was discovered that Admiral
Elliot had consented to transfer the negociations from the Pechelee
to Canton, where all details were to be settled, and where the Chinese
government promised to arrange everything to the satisfaction of the
British. Negociations were carried on; but in the meantime Keshen was
busily employed in erecting new batteries at the Bogue, barricading
the bars in the rivers by sinking boats laden with stones, throwing up
breast-works near Canton, and levying troops. It was so evident that the
Chinese commissioner was insincere, that hostilities recommenced on the
7th of January. Two of the Bogue forts were reduced, and Keshen then
offered to adjust matters without delay. These arrangements were made
between Captain Elliot and the imperial commissioner:—“1. The cession
of the harbour and island of Hong-Kong to the British crown. All just
charges and duties to the empire upon the commerce carried on there to
be paid as if the trade were conducted at Whampoa. 2. An indemnity to
the British government of 6,000,000 of dollars, 1,000,000 payable at
once, and the remainder in equal annual instalments, ending in 1846.
3. Direct official intercourse between the two countries upon an equal
footing. 4. The trade of the port of Canton to be opened within ten days
after the Chinese new year (the 2nd of February), and to be carried
on at Whampoa till further arrangements are practicable at the new
settlement. Details to remain matter of negociation.” The terms of this
convention were much censured; and Lord John Russell declared in the
house of commons, on the 6th of May, that they were not approved of by
her majesty’s government; that Captain Elliot had been recalled; and
that Sir Henry Pottinger had been appointed plenipotentiary in his
stead. In the meantime it had become evident that the Chinese had no
intention of fulfilling these engagements. On the morning of the 19th of
February, a hostile shot was fired at the boat of the _Nemesis_ steamer
from North Wangtong, and hostilities again commenced. The British
squadron now attacked the Anunghoy batteries, which were soon silenced,
and they then landed, and both the ships and land troops proceeded
towards Canton. The British colours were soon hoisted on Howqua’s fort;
and while Sir George Brewer and General Gough were preparing to attack
those forts which still remained between them and Canton, the Kwang-chow
Foo, as prefect, accompanied by the Hong merchants, came down and
admitted that Keshen had been degraded, and that no commissioner had yet
arrived to treat for peace, or make any new arrangements. Keshen had, it
appeared, delayed the execution of the treaty until he could obtain the
emperor’s confirmation of it. The emperor, however, looking upon the
English “as dogs and sheep in their dispositions,” and considering that
“both gods and men were indignant at their conduct, refused to ratify
a treaty with them; and Keshen was ordered to be delivered over to the
board of punishment.” The Chinese again contemplated hostilities, and in
the month of May the British commanders again determined to advance upon
Canton. All the surrounding forts were captured, and it was determined
that the city should be taken by assault; but a flag of truce was
hoisted on the walls, and Captain Elliot again requested Sir H. Gough
to suspend hostilities. He was employed, he said, in a settlement of
the difficulties upon the following conditions:—“1. The imperial
commissioner, and all the troops, other than those of the province, to
quit the city within six days, and to remove to a distance exceeding
sixty miles. 2. 6,000,000 dollars to be paid in one week for the use
of the crown of England; 1,000,000 dollars payable before to-morrow at
sunset. 3. British troops to remain in their actual positions till the
whole sum be paid. No additional preparations on either side; but all
British troops and ships of war to return without the Bocca Tigris as
soon as the whole be paid. Quang-tong also to be evacuated; but not
to be re-armed by the Chinese government till all the difficulties are
adjusted between the two governments. 4. The loss occasioned by the
burning of the Spanish brig, _Bilbaino_, and all losses occasioned
by the destruction of the factories, to be paid within one week.” In
consequence of this arrangement, the British flag was lowered in the
various captured forts, and the troops inarched out, and returned to
Tsing-hae. The 6,000,000 of dollars amounted to about £120,000, and
Captain Elliot appropriated about half that sum to reimburse those who
had surrendered their opium-chests to him at the commencement of the
disturbances; but this payment was subsequently disallowed by the
British government. Matters were at this point, when, on the 9th of
August, Sir Henry Pottinger, the new plenipotentiary, arrived in the
Canton waters, accompanied by Sir William Parker, who assumed a command
of the fleet in the Chinese seas. Having published a copy of his
credentials, authorizing him to negociate and conclude with the minister
vested with similar power and authority on the part of the Emperor of
China, any treaty or agreement for the arrangement of the differences
now subsisting between Great Britain and China; and having warned all
her majesty’s subjects and foreigners against putting themselves in the
power of the Chinese authorities, during the anomalous and unsettled
state of our relations with the emperor, Sir Henry Pottinger embarked
for Hong-Kong, whither Sir William Parker had preceded him. The
superseded plenipotentiary, Captain Elliot, left China on the 24th of
August.
STATE OF THE CONTINENT.
An important treaty was signed in London in December, between France,
Austria, Prussia, Russia, and Great Britain, whereby the former powers
agreed to adopt the English laws relating to the slave-trade. Spain
still remained in a state of insecurity. A quarrel took place between
that country and Portugal, relative to the navigation of the Douro, and
both countries prepared for war; but the question was finally settled
without an appeal to arms. Later in the year there was an insurrection
at Pampeluna and Vittoria, in behalf of the queen-mother, and a
desperate attempt was made to seize the queen in the palace at Madrid,
but, through the energetic measures of Espartero, the insurrection was
suppressed: Don Diego Leon, one of its leaders, was tried and executed.
During this year the long agitated question of the East rapidly
approached a settlement. On the 11th of January. Mehemet Ali gave up the
whole of the Turkish fleet; and about the same time a finnan was
sent from Constantinople, whereby the sultan accorded to Mehemet the
hereditary possession of Egypt. At the same time also Ibrahim Pacha
was directed by his father to evacuate Syria. Several causes, however,
combined against the complete restoration of peace between the sultan
and the pacha; and the year closed before negociations were concluded.
CHAPTER LIII.
{VICTORIA 1842—1843}
Meeting of Parliament..... Debate on the Corn-Laws:
Proposition of Ministers on the subject of the Corn-
Laws..... Financial Measures; Income-Tax Bill, &c.—New
Tariff..... Mr. Villiers’s Motion on the Corn Laws..... The
Great Chartist Petition..... Bill for Restraining the
Employment of Women and Children in Mines and
Collieries..... Bribery at Elections..... Law Reforms.....
Bill for the Protection of the Royal Person..... Copyright
Act..... Poor Law Amendment Bill..... Prorogation of
Parliament..... East India Affairs, &c.
MEETING OF PARLIAMENT.
{A.D. 1842}
Parliament reassembled on the 3rd of February. The session was opened
under circumstances of unusual splendour, occasioned by the presence
of the King of Prussia, who had arrived in England, in order to stand
sponsor at the christening of the infant Prince of Wales. Her majesty
again addressed lier parliament in a speech of considerable length, and
which embraced a variety of interesting and important topics. The chief
of these were, the birth of an heir to the throne, the treaty which had
been concluded with the other great powers of Europe for the suppression
of the slave-trade: the pending negociations with China; the restoration
of friendly intercourse with Persia; and a treaty which had been
concluded with the Emperors of Austria and Russia, and the Kings of
France and Prussia, having for its object the security of the Turkish
empire, and the maintenance of the general tranquillity. In conclusion,
her majesty recommended attention to the state of the finances and
expenditure of the country; urged the consideration of the corn-laws;
stated that measures would be submitted for the amendment of the law
of bankruptcy; and expressed regret at the continued distress in the
manufacturing districts.
In the house of commons, on the 4th of February, Sir Robert Peel gave
notice that he would, on the 9th, move that the liouse resolve itself
into a committee of the whole house, to take into consideration the laws
which affect the importation of corn. The address was agreed to _nem.
con_.
DEBATE ON THE CORN-LAWS—PROPOSITION OF MINISTERS ON THE SUBJECT.
On the 9th of February, the day on which Sir Robert Peel had announced
he would develop the ministerial plan for the alteration of the
corn-laws, extraordinary interest was exhibited both in and out of the
house of commons. Every avenue of the house was thronged at an early
hour by persons eager to obtain admission; and when the doors were
opened every seat in the strangers’ gallery was instantly occupied. A
number of the anti-corn-law delegates attempted to station themselves in
the lobby; but being prevented by the police they stationed themselves
outside the house, where they saluted the members as they passed with
the cries of “No sliding-scale!” “Total repeal!” “Fixed duty!” &c.
Shortly after five o’clock Sir Robert Peel moved: “That this house
resolve itself into a committee, to consider the trade in corn.” He then
requested that the clerk of the house should read that portion of her
majesty’s speech which related to that subject. This being done, he
observed that it was difficult to discuss this subject without making
statements or admissions which would be seized upon by his opponents:
but that he trusted to the reason, moderation, and judgment of
parliament. The right honourable baronet then proceeded to state that
he would not excite a hope that his measure would tend immediately to
mitigate the existing commercial distress, and to enumerate the causes
which had given rise to that distress. He then adverted to the various
opinions obtained in the country as to a change of the corn-laws. Some
opposed, he said, all change; others demanded immediate and instant
repeal; and others required some modification. His own opinion was,
that a total repeal of the corn-laws would aggravate the manufacturing
distress; the prosperity of the two classes being identical. There were
advantages in a fixed duty which did not apply to a variable duty; but
the objection to the principle of imposing any duty on corn was equally
applicable to both. Nor could, he argued, a fixed duty be permanent: he
did not think they could impose any amount of fixed duty sufficient for
the protection of agriculture in years of average supply, which
they could determinately and fixedly impose in times of distress and
scarcity. Sir Robert Peel next entered into a variety of arguments to
show that this country, in ordinary years, was able to supply its own
population. From the arguments he used he came to the conclusion that it
was not advisable for parliament to alter the principle of the existing
law; and the alteration which he would therefore propose went on the
principle of retaining a duty on corn, varying inversely with the
price of corn in the home market. He continued by observing that the
maintenance of that principle involved the maintenance of a system of
averages; and after expressing doubts whether there had not been
much exaggeration as to the frauds and combinations to influence
the averages, he thus stated the proposals of government respecting
them:—“We shall propose to take the averages in the present mode, from
the factor, the miller, or the purchaser. We shall propose that the duty
of collecting the returns shall devolve on the excise. The excise is
perfectly competent to this duty; it has officers employed in each
market-town fully competent for the discharge of this duty by having
greater duties to perform, and who will be able at a comparatively
small increase of expense to fulfil this employment; and by their
intelligence, their business habits, and the responsibility which
attaches to them as public officers, they will afford far greater
security against fraud than can be obtained by intrusting this duty to
private individuals.” After stating that the averages were to be taken
in all the principal corn-markets, Sir Robert stated the amount of
protection to be given to the produce of this country. Having shown how
the duty varied under the existing laws, and that they induced fraud,
and having made some remarks on the term “remunerating price,” he thus
described his new scale:—“We propose that when corn is at 50s. and
under 51s. in price, a duty of 20s. shall be taken; but that in no case
shall that duty be exceeded. We propose that when the price is 51s. and
under 52s., the duty shall be 19s.; and after this we propose that there
shall be what I should term a rest in the scale. That at the next items
of price the duty should be uniform. Thus it would be: When the price is
52s. and under 53s. and 54s., 18s.; and when 54s. and under 55s., still
18s. When the price is 55s. and under 56s., we propose that the duty be
17s.; when 56s. and under 57s., that it shall be 16s.; and when 57s. and
under 58s., that it shall be 15s.; and when 58s. and under 59s.. that it
shall be 14s.; and when 59s. and under 60s., that it shall be 13s.; when
60s. and under 61s., that it shall be 12s.; when 61s. and under 62s.,
that it shall be lis.; when 62s, and under 63s., that it shall be 10s.;
when 63s. and under 64s., that it shall be 9s.; when 64s. and under
65s., that it shall be 8s.; and when 65s. and under 66s., that it shall
be 7s. At the three next items of price I propose another rest in the
scale similar to the former. I should propose on the next three a duty
of 6s., that is to say, when the price is 66s. and under 67s., when it
is 67s. and under 68s., and when it is 68s. and under 69s. In each of
these cases the duty would be 6s. When the price is 69s. and under 70s.,
I propose a duty of 5s.; when 70s. and under 71s., a duty of 4s.; when
71s. and under 72s., a duty of 3s.; when 72s. and under 73s. a duty of
2s.; and when 73s. and under 74s., a duty of Is. the quarter. When that
price is arrived at, I propose that the duty should altogether cease;
the sum of the proposition, then, is this, that when corn in the British
market is under the price of 51s. the quarter, a duty of 20s. shall be
levied, which duty shall never be exceeded, for I am quite satisfied
that it is useless to take any greater amount of duty.” With respect to
other grain than wheat, Sir Robert Peel proposed to adopt the proportion
of value and duty which he found in the present law. “Colonial wheat and
flour,” he continued, “shall be imported at a duty of 5s. whenever the
price of British wheat is below 67s.; that when the price of British
wheat exceeds 67s. it shall then be admissible at a duty of 6d. I
propose to give the same advantage to colonial wheat, respecting
the reduction of prices at which it shall be admissible, as is given to
other descriptions of wheat. But considering that the sudden drop in
the prices from 5s. to 6d., on account of the difference of Is. in the
price, is at variance with the principle of the law, which seeks to
establish as equable and uniform a reduction of duty as possible, we
propose to make this arrangement respecting colonial wheat—that when
the price of British wheat is under 55s., the duty upon every quarter of
British colonial wheat shall be 5s.; that when at 55s. and under 56s.,
it shall be 4s.; and when at 56s. and under 57s., it shall be 3s.; and
when at 58s. and upwards it shall be Is., thus taking away that sudden
fall in the amount of duty, levied upon colonial wheat, which takes
place under the existing law; but giving the colonial wheat that
advantage in the reduction of the price which is given to other
descriptions of wheat.” Sir Robert Peel finally thus recapitulated the
reduction which his new scale would effect:—“When corn is 59s. and
under 60s., the duty I propose is 13s. When the price of corn is at 50s.,
the existing duty is 36s. 8d., increasing as the price falls; instead of
which I propose, when corn is at 50s., that the duty shall be only 20s.,
and that the duty shall in no case be exceeded. At 56s., the existing
duty is 30s. 8d.; the duty I propose at that price is 16s. At 60a., the
existing duty is 26s. 8d., the duty I propose at that price is 12s. At
63s., the existing duty is 23s. 8d.; the duty I propose is 9s. At 64s.,
the existing duty is 22s. 8d.; the duty I propose is 8s. At 70s., the
existing duty is 10s. 8d.; the duty I propose is 5s. Therefore it is
impossible to deny, in comparing the duty which I propose with that
which exists at present, that it will cause a very considerable decrease
of the protection which the present duty affords to the home grower, a
decrease, however, which, in my opinion, can be made consistently with
justice to all the interests concerned.” In conclusion, Sir Robert Peel
disclaimed the idea of legislating in favour of particular interests,
and expressed his conviction that the present was a favourable time
for the settlement of the question. After a few words from Lord John
Russell, and a brief reply from Sir Robert Peel, the house adjourned. On
the following day Lord John Russell gave notice that he should, on the
ensuing Monday, move a resolution condemnatory of a sliding-scale. The
resolution was couched in these terms:—“That this house, considering
the evils which have been caused by the present corn-laws, and
especially by the fluctuations of the graduated or sliding-scale, is
not prepared to adopt the measure of her majesty’s government, which is
founded on the same principle, and is likely to be attended by the same
results.” Mr. Villiers next announced that, on going into committee, he
should take the sense of the house on the policy of imposing any duty
whatever on foreign corn or food imported into this country. A third
notice was given by Mr. Christopher that he should move in committee a
scale of wheat duties, instead of Sir Robert Peel’s, imposing a maximum
duty of 25s. when the price is 50s., and a minimum duty of Is. when
the price is 73s., the duty falling by Is., as the price rises by Is.;
except that at the rise of price from 59s. to 60s., the duty falls by
2s. The debate commenced on the 14th, when Sir Robert Peel moved that
the speaker do leave the chair, in order to a committee of the whole
house on the corn-laws. Lord John Russell then brought forward
his amendment, and stated his objections to the sliding-seale. He
remarked:—“The first objection I have to a sliding-scale, is, that a
high, I would say a prohibitory duty, always forms part of it. I could
understand a scale not exceeding 10s. or 12s., and going down to 4s.,
to 3s., or to Is.; but I find that whenever gentlemen speak of a
sliding-scale, it is of such a nature as to contain a prohibitory duty.
The first duty, when the price is at 50s., and under 51s., is 20s.;
and I shall now proceed to show that that is a prohibitory duty. I
have looked over the papers containing the latest information. From the
information obtained by Mr. Meek, who was sent to the north of Europe
expressly to collect information on the subject, it appears that the
original price of Dantzie wheat, when brought from the interior of
the country, is 35s.; that the charges, which seem to satisfy that
gentleman’s mind amount in all to 10s. 6d.; thus making the price at
which it could be sold in England in ordinary years 45s. 6d. If you add
to that the proposed duty of 20s., you make the entire price of Dantzie
wheat, 65s. 6d., when the price at home, is 50s.; showing of course that
20s. amounts to a prohibitory duty. In the same way at Odessa, as stated
in the consul’s returns, the price would be 26s.; adding to which 10s.
for freight, and some further charges, which cannot be taken or less
than 5s., as on the former occasions, and adding then the proposed
duty of 20s., you would have the price up to 61s., without counting the
profit of the merchant who had to deal with this corn; and therefore,
though you may say that you have reduced the duty to 20s., to 19s., and
to 18s., yet in all three instances it can be shown that the duty is
prohibitory; and that when the price is at 55s. or 56s., the price at
which the right honourable gentleman said it would please him to see it,
nobody can tell why, there would then be a prohibitory duty upon
foreign corn.” Lord John Russell concluded by moving his amendment. The
amendment was opposed by Mr. E. Gladstone, who thought that some of Lord
John Russell’s opinions ought to have led him to support the government.
The debate which followed lasted three nights, and the principal
speakers were, on the ministerial side, Lord Sandon, Sir J. Graham and
E. Knatchbull, and Messrs. Childers, Ormsby Gore, and B. Ferrand; and in
favour of the amendment, Lord Worsley, and Messrs. C Wood, Labouchere,
Ward, E. Buller, and Roebuck. The greater part of the speeches delivered
consisted of recapitulations and reproductions of the reasonings and
statements used by the leaders of either party. On a division the
amendment was rejected by a majority of three hundred and forty-nine
against two hundred and twenty-six. The house having thus pronounced in
favour of the principle of a sliding-scale of corn-duties, it might have
seemed illogical and superfluous afterwards to discuss a proposition
of which the affirmative had been involved in the preceding decision;
namely, whether corn should be subjected to any duties at all. Nothing
daunted, however, Mr. Villiers brought forward his intended motion to
that effect; a motion which, after five nights’ debate, was rejected by
a majority of three hundred and ninety-three against three hundred and
three. Subsequently Mr. Christopher brought forward his scale of duties
as a substitute for those of Sir Robert Peel; but the original
proposition was carried by an equally overwhelming majority. In
committee various amendments were proposed, but they were all rejected
or withdrawn, and the bill was, on the 5th of April, read a third time,
and passed.
The second reading of the corn-law bill was moved in the house of lords,
on the 18th of April, by the Earl of Ripon. Lord Brougham rose and
moved the total and absolute repeal of the duty on foreign corn; but
his amendment was rejected by an overwhelming majority. On the following
day, on the motion to go into committee, Viscount Melbourne moved,
“That it is the opinion of this house that a fixed duty upon the
importation of foreign corn and flour would be more advantageous to
trade and more conducive to the general welfare of all classes of the
people than a graduated duty, varying with the average of prices in
the markets of this country.” This proposition gave rise to a lengthy
discussion; but it was rejected by a majority of one hundred and
seventeen against forty-nine. Subsequently Lord Brougham moved these
resolutions:—“That no duty ought to be imposed upon the importation of
foreign corn, for the purpose of protecting the agriculturist, by taxing
the introduction of food. That no duty ought to be imposed upon the
importation of foreign corn, for the purpose of regulating trade, by
taxing the introduction of food. That no duty ought to be imposed upon
the importation of foreign corn, for the purpose of raising the revenue,
by taxing the introduction of food.” These resolutions were rejected, as
were others moved by Earl Stanhope, Lord Beaumont, and Lord Mountcashel,
and the bill passed in its original state.
FINANCIAL MEASURES—INCOME-TAX BILL, ETC.
On the accession of Sir Robert Peel to office he was embarrassed with
great financial difficulties. For the ensuing year he had to deal with
a deficiency of £2,570,000; with contingencies in China and India of
uncertain amount. The present juncture, indeed, demanded a remedial
measure of a bold and comprehensive character, and Sir Robert did
not fail to bring forward such a measure. On the 11th of March, in a
committee of ways and means, the right honourable baronet said, that for
the year ending April, 1843, the estimated revenue would be £43,350,000,
and the estimated expenditure £50,819,000, leaving a deficiency of
£2,469,000. With the contingencies in India and China, indeed, he
calculated that the deficit, in the two years ending May next, would not
be less than £4,700,000. How, he asked, were these deficiencies to be
met? Should the system of loans and exchequer-bills be continued? Was
there the prospect of any considerable reduction in expenditure? Was the
present deficiency a casual one? Should he impose a tax on articles of
consumption and the necessaries of life? Should he revive old taxes?
Should he go back to the post-office? or revive the taxes upon salt,
leather, or wool? Finally, should he resort to locomotion for the
purposes of taxation? All these expedients Sir Robert repudiated; and
he fixed upon one which, while it justly gave offence to a large body
of the people, has proved to fully answer the end for which it was
designed. This was an imposition of an income-tax of sevenpence in the
pound upon all incomes from £150 and upwards, and in which was included
not only landed but funded property, whether in the hands of British
subjects or of foreigners. He estimated the assessable yearly value
of the land at £39,400,000; of houses, at £25,000,000; and of tithes,
shares in railways and mines, and other similar property, at £8,400,000:
total, £72,800,000. From this he would deduct one-fourth for the
exemption which he proposed to give to all incomes under £150, and
then the tax thus far would give him £160,000. The occupiers of land,
assessed at half their rent, would yield £120,000. Next came funded
property. The dividend paid in 1841 was £29,400,000, from which he would
deduct £1,000,000 in respect of savings’ banks; but he added upon
bank, foreign, and other stocks £1,500,000, making a total of almost
£30,000,000, from which, deducting one-fourth for incomes under £150
a year, he would derive £646,000. Sir Robert Peel next proceeded to
incomes of trades and professions, from which he expected to obtain
£1,253,000; and he then stated that from the incomes of public officers
he calculated upon £150,000. The total would be £3,771,000. With respect
to the duration of this impost, he said, that government might probably
require it for five years; but he would in the first instance propose
its continuance for three years. In case of war he should deem it
reasonable that Ireland should bear her proportion of this tax; but
during peace, and for a limited period, he should prefer to raise the
quota of that country by other means. He proposed, therefore, a duty of
one shilling per gallon upon spirits; the equalization of the stamp-duty
with that of England; and a tax of four shillings upon coal exported
in British vessels from this country. The aggregate revenue from
these sources and the income-tax in England would be about £4,380,000;
constituting a considerable surplus, after covering the deficiency on
the votes of annual expenditure. This surplus Sir Robert Peel proposed
to apply in relaxing the commercial tariff. The duties on raw materials
were in no case to exceed five per cent.; the duties upon articles
partially manufactured were to be diminished, the highest being twelve
per cent.; and upon complete manufactures no duty was to be imposed
higher than twenty per cent. He laid upon the table this amended scale
of duties, which had been distributed under twenty different heads; in
which, he said, would be found an abatement in about seven hundred and
fifty articles, and that on about four hundred and fifty the duty had
been left untouched. The total diminution of revenues occasioned by
the reductions was estimated by the right honourable baronet at about
£270,000. He regretted to say that upon sugar, ministers could not offer
any reduction; but with respect to coffee he proposed a reduction of
fourpence upon British, and eightpence upon foreign, which he calculated
would cause a loss of £171,000 to the revenue. On the subject of timber,
he said that his measure would be the reverse of that which was brought
forward by his predecessors in office; he would advise a great reduction
of duty, which would benefit all classes, from the agriculturist to the
shipbuilder. His propositions were to lower the duty on foreign timber
to twenty-five shillings a load, and to let in the timber of Canada at
a duty of one shilling a load; causing a probable loss to the revenue
of £600,000. There were yet two other reductions he had to propose:
one upon the export of certain British manufactures, and another upon
stage-coach duties. These two heads of reduction would produce a loss
of £70,000. On the whole these reductions, in addition to the excess
of expenditure, would increase the deficit to about £3,700,000; but the
estimated produce of the income-tax would not only cover this, but leave
more than £500,000 applicable to the contingencies of war in India and
China. Sir Robert Peel concluded with an earnest appeal to the house to
support the name which the English had inherited from their forefathers,
untarnished: and he then moved his first resolution, which was to
grant a duty on Irish spirits. No discussion followed Sir Robert Peel’s
speech: the motion was agreed to, and the house resumed.
A few nights subsequently, Sir Robert Peel entered into an explanation
of the details of the measures he had announced; especially with respect
to the machinery by which the income-tax was to be collected. On the
motion to go into a committee of ways and means, Mr. T. Baring found
fault with Sir Robert Peel’s calculations; and he was followed by Lord
Howick, who strongly censured the income-tax, and Lord John Russell, who
condemned the construction of tire tariff for not working out its own
principle, but sparing certain articles, as sugar, merely from fear
of the influential interests connected with them. After three several
motions by Messrs. Cobden, H. Berkeley, and Bernai, “That the chairman
do report progress,” which were all negatived by large majorities, Sir
Robert Peel was compelled to defer the measure till the 4th of April.
The income-tax was resumed immediately after the Easter recess. The
first resolution, to impose a tax of sevenpence on every pound upon all
incomes, except the incomes of occupiers of land, was put and carried
without discussion. On the second resolution, however, imposing a tax on
the occupation of laud, calculated at the rate of threepence-halfpenny
in the pound on the yearly value being read, Lord John Russell pointed
out the operation’ the tax might have in inducing landlords to split
their farms, so as to make the rental of each below the amount liable
to taxation; and gave notice that, on the report of the resolutions, he
should move this amendment:—“That it has been stated to this house,
on official authority, that the deficiency of income to meet the
expenditure of the country, may be estimated for the years ending the
5th day of April, 1842, at £2,350,000, and on the 5th day of April,
1843, at £2,569,000. That this house is fully sensible of the evil of a
continued inadequacy of the public income to meet the expenditure, and
will take measures for averting the same in future years. That, by
a judicious alteration of the duties on corn, by a reduction of the
prohibitory duty on foreign sugar, and an adjustment of the duties on
timber and coffee, the advantage of a moderate price to the community
may be combined with an increased revenue to the state. That, in
addition to those main articles of general consumption, the interests of
trade will be promoted by the repeal or reduction of various prohibitory
and differential duties, and that extended commerce will improve the
revenue, whilst it gives employment to industry. That the amount of
taxes taken off, or reduced, from the termination of the last war to the
end of the year 1836, exclusive of the tax on income, may be stated in
round numbers at £23,873,000. That the income-tax, having been first
imposed in a period of extreme emergency and during a most perilous war,
was repealed on the re-establishment of peace; and having been again
imposed on the renewal of war, was again repealed in 1816, on the
termination of hostilities. That considering the various means of
supplying the deficiency without enhancing the price of the necessaries
of life, or embarrassing trade, it is the opinion of this house that
the renewal of a tax, inquisitorial in its character, unequal in its
pressure, and which has hitherto been considered as the financial
reserve of the nation in time of war, is not called for by public
necessity, and is therefore not advisable.” The second resolution
was then put and agreed to; as was also the third, equalizing certain
stamp-duties in Ireland with those of England; and the report was
ordered to be brought up. Lord John Russell’s amendment came on for
discussion on the 8th of April, when his lordship, in a speech of great
length, charged the government with taking too gloomy a view of
affairs, comparing the present aspect of the finances with that when an
income-tax was formerly proposed. If new taxes must be resorted to, his
lordship recommended a tax on the succession to real property, or the
revival of some of the repealed assessed taxes. Mr. Goulburn defended
the ministerial policy; and Sir Robert Peel vindicated himself from the
charge of over-rating difficulties, and contrasted the state of finances
which the Melbourne government found on entering office in 1835, with
that which they left on their departure, in the British and Indian
empire. The debate on Lord John Russell’s amendment lasted four nights,
most of the principal speakers on both sides taking part in it. On the
fourth night the house divided; when it was lost by a majority of three
hundred and eight against two hundred and two. The report was then
brought up and read, and leave given to bring in a bill founded on Sir
Robert Peel’s resolutions. On the motion for the first reading of the
bill, on the 18th of April, Lord John Russell moved that it be read a
first time that day six months. A debate of considerable length ensued,
in which arguments urged for or against the measure were repeated;
after which the amendment was rejected by a majority of two hundred and
eighty-five to one hundred and eighty-eight. The bill was then read a
second time, and a few days afterwards the house went into committee.
In committee the first question discussed was the period when the tax
should commence; and the time finally decided was the 5th of April,
1842. The original proposition respecting schedule A was then affirmed,
as was also schedule B. On schedule C Mr. Ricardo moved an amendment
to exempt terminable annuities, and to subject them to special scales
according to their market value; but, on a division, the motion was
rejected by a large majority. In considering schedule D, which rendered
incomes derived from professions, trades, and employments liable to the
tax of sevenpence in the pound, Mr. Roebuck moved that it be fixed at
half that sum. This motion was warmly supported by several speakers; but
it was rejected, as was also another amendment to defeat this clause,
moved by Mr. Sharman Crawford. Sir Charles Napier made a proposition on
schedule E, to exempt officers in the army and navy from taxation; but
this was also rejected: and after this the progress of the bill went
on rapidly, more than eighty clauses being disposed of in one night’s
debate. A second sufficed to get through the bill; amendments moved by
Messrs. Baring, Hume, and Benjamin Wood, being all rejected by large
majorities. On the third reading, Mr. Sharman Crawford moved an
amendment, to the effect that the present house of commons could not be
considered a fair representation of the people; and that therefore it
was unfit that any system of increased taxation should be imposed by
parliament until all just causes of complaint, with regard to the mode
of electing members, should be redressed. Lord John Russell himself
opposed this motion, and it was at once rejected; and after some further
discussion on the bill, it was read a third time by a majority of one
hundred and ninety-nine against sixty-nine. The bill then passed.
NEW TARIFF.
The question of the income-tax being thus settled, government proceeded
to carry into effect the other great branch in their financial
scheme—the alterations in the tariff or customs duties. A complete
copy of the tariff was placed in the hands of each member of parliament
previously to the 5th of May, on which day it was announced that it
would be moved to go into committee on this important subject. On
that day the proceedings in the house of commons, were commenced by an
elaborate preliminary statement on the part of the prime-minister, in
which he showed that the general object of the present government was to
simplify the existing law. Sir Robert Peel then went over in detail
some of the chief alterations proposed in duties on what is called raw
material. Among the articles under this denomination were clover-seed,
woods, ores, oils, extracts, and timbers, on all of which he proposed
to reduce the duties. On articles of foreign manufacture, Sir Robert
continued to explain that he proposed to levy an amount of duty,
generally speaking, not to exceed twenty per cent. He next proceeded
to combat the argument of his opponents, that he had begun at the wrong
end, that he should have reduced the duties on articles of provision,
and have dealt more largely with the corn-laws. Taking the whole tariff,
he contended that it would be seen that the cost of sustenance was
greatly reduced. At that moment, he said, under the old law the duty on
foreign wheat would have been 27s. a quarter; under the new law it
was 13s. Then again, beef, fresh or slightly salted, was absolutely
prohibited; but he proposed to admit it at 8s. a hundred-weight. He
further proposed to lower the duties on lard, hams, salmon, herrings,
hops, &c. Sir Robert then explained that in the amended tariff, on the
representation of straw-plait makers, the duty had been increased from
5s. to 7s 6d. in the pound; at the same time he showed that it would be
no protection to them, inasmuch as the article was of such a nature that
it could be easily smuggled into this country without detection. He then
endeavoured to convince those who feared the reduction of duties on live
cattle, that their alarm was groundless, arguing that the English grower
had substantial security in the quality of the article, and that England
from this circumstance might become an exporting country. Mr. Labouchere
said that he had heard the speech of the right honourable baronet with
great pleasure. At the same time he asserted that the late government
had announced a tariff reform; and that it was only the want of success
which attended its plans with respect to corn, timber, and sugar, which
had prevented it from submitting to the house measures of a similar
character to those now brought forward. After a protracted discussion,
the house divided on the question, that the speaker do now leave the
chair, which was carried by a majority of two hundred and nineteen
against one hundred and fifty-two. On the 13th of May, on the motion of
going into committee on the customs’ duties bill, Lord Howick proposed
this resolution:—“That in making a new arrangement of the customs’
duties, it is not expedient to impose different rates of duty upon
the same articles when imported from foreign countries or from British
possessions, in any case where no such difference now exists; and that
in those cases in which such a difference already exists, it is not
expedient that it should be increased.” He argued that such differences
would injure the revenue without benefiting the consumer; while they
would force colonial traders into precarious existence. This view of the
case was ably combated by Mr. Gladstone; and on a division the motion
was negatived by a majority of two hundred and eighty-one against one
hundred and eight. The house considered the tariff in detail after the
Whitsuntide recess; when the duties on cattle and provisions excited
keen discussion, the agricultural members being alarmed at the prospect
of foreign competition, which they anticipated from the reduced duties.
On the house going into committee on the 23rd of May, the motion being
made, “That in lieu of the present rates of duty now payable on the
articles enumerated in the annexed schedules, there shall be raised,
levied, and paid upon the importation of the said articles into the
United Kingdom, the rates of duty proposed in the annexed schedules;”
Mr. Miles moved, by way of amendment, the following words:—“All live
stock imported from foreign countries being charged by weight.” In
support of his amendment Mr. Miles went into a variety of calculations
to show the injury that would result to the farmer from the proposed
arrangement of duties, contending that the United States, Denmark,
Holland. Prussia, and the various states of Germany, would fatten cattle
for the English market, and thus render it impossible for the farmers at
home to compete with the foreign breeder. He was supported by the Earl
of March, and Messrs. H. Palmer and G. Heathcote, and opposed by
Lords Alford and Norreys, Colonel Wyndham, and Messrs. Gaily Knight
and Gladstone. The latter said that a material omission in Mr. Miles’s
argument, was the want of proof that a large quantity of cattle could
be imported so as to injure the English farmer. Lord John Russell, in
continuation, said that he rejoiced to hear the principles laid down
by Sir Robert Peel; but he argued that they should have been extended
to the corn-laws. Other members spoke on both sides of the question; and
after a reply from Mr. Miles, the amendment was rejected by a majority
of three hundred and eighty against two hundred and sixty-seven.
When the committee resumed on the following day, Mr. Miles moved an
amendment, imposing a duty of 5s. 6d. per cwt. on live cattle, and 9s.
4d. per cwt. on the dead meat. This amendment, however, was withdrawn;
and one moved by Mr. Villiers, that the duty of one shilling per head
on oxen and bulls be substituted for the government proposition,
was rejected. The items in the tariff were then taken _seriatim_.
Discussions took place, and amendments were proposed on the duties
affecting swine and hogs, foreign fish, apples, butter, potatoes,
timber, cotton manufactures, foreign silk, &c.; but in each case the
duties affixed by government were affirmed by large majorities. The
third reading of the customs’ act was at length moved on the 28th
of June, on which occasion Mr. John Jervis moved a clause to grant a
drawback on coals proved to be exported for the consumption of British
steam-vessels. This motion was rejected; and on the question that the
bill do pass, Lord John Russell made some few remarks on its general
provisions, and Sir Robert Peel acknowledged the support which he had
generally received from both sides of the house. The question being then
put from the chair, the bill was read a third time, and passed in the
midst of loud cheers.
The customs’ act was read a first time in the house of lords two days
after it had passed the commons, and the Earl of Ripon moved the second
reading on the 5th of July. Two days afterwards the house went into
committee on the bill, and every amendment proposed by opposition lords
was negatived without division, and the bill passed through committee,
and was reported.
The subject of the duties on sugar was brought forward in a committee of
ways and means, on the 3rd of June, by the chancellor of the exchequer,
who explained the reasons why government could not consent to the
admission of foreign sugar at a lower rate of duty, and moved a
resolution that the present duties should be continued one year; which
proposition, after a lengthened discussion, was confirmed.
MR. VILLIERS’S MOTION ON THE CORN-LAWS.
On the 11th of July, it having been moved to go into committee of
supply, the opposition party brought forward the subject of the state
of the nation. Mr. Villiers having moved as an amendment for the
appointment of a select committee on the laws regulating the importation
of corn, with a view to their total repeal, prefaced his motion with
a speech, in which he said that he brought the subject forward in
compliance with the request of the anti-corn-law delegates; and because,
in the late discussion on the state of the nation, a taunt had been
thrown out on the ministerial side, that, if the opposition thought that
a repeal of the corn daws would remedy the evil, they ought to submit
that proposition to the house. The motion was seconded by Mr. Fielden,
and supported by Mr. Aglionby, who declared the new sliding-scale was a
delusion. Sir Charles Napier and Mr. Gaily Knight conceived that these
debates ought not to be protracted: it was an unfair way of conducting
any opposition to a government. Sir Robert Peel bitterly complained of
the continual interruption to public business, and of the impediments
opposed to a fair trial of the new corn-law. Lord J. Russell, Viscount
Howick, Sir John Hanmer, and Mr. Cobden supported the motion; but, on
a division, it was rejected by two hundred and thirty-one against one
hundred and seventeen.
While these discussions were taking place in the house of commons, the
same class of topics were brought forward in the house of lords by Lord
Brougham, who moved that a select committee be appointed to inquire into
the distress of the country. This motion was supported by Lord Kinnaird
and the Marquis of Clanricarde; and opposed by the Earl of Ripon,
Viscount Melbourne, and Earl Stanhope. On a division it was rejected by
a majority of sixty-one against fourteen.
THE GREAT CHARTIST PETITION.
The most striking shape in which the grievances of the working classes
presented themselves to the notice of the legislature during this
session, was the presentation of a petition, which, for bulk and
signatures, was unparalleled in the annals of parliament. The signatures
attached to it exceeded 3,000,000; and in conveying it to the house of
commons, it required sixteen men to support it. It was, in fact, too
large to be admitted into the door of the house of commons; and, in
order to effect its enhance, it was divided into sections. It was
presented by Mr. T. Duncombe, who, in calling the attention of the
house to its contents, thanked them for the kind and respectful manner
in which it had been received. The petition, he remarked, had nearly
3,500,000 signatures; and, making allowance for the signatures of youths
and females, he was prepared to prove that there were above 1,500,000
of families of the industrious classes subscribers to that petition. The
prayer of the petition was for the enactment of the great constitutional
changes which form the “six points” in the Chartist creed, to which
was added a demand for the abolition of all kinds of monopolies. Mr.
Duncombe concluded by moving, “that the petitioners of the national
petition be heard at the bar of this house, by themselves, their
counsel, or agents, in support of the allegations of then-petitions.”
The motion was seconded by Mr. Leader. The spirit of this petition was
bitter, and its language offensive. It was pervaded by a desire for
class legislation, and propounded doctrines subversive of the rights
of property, and of the national faith and credit. On a division, the
motion was negatived by two hundred and eighty-seven against forty-nine.
BILL FOR RESTRAINING THE EMPLOYMENT OF WOMEN AND CHILDREN IN MINES AND
COLLIERIES.
In a previous session, after having been the means of carrying a
humane law to prevent the cruelties inflicted on children employed in
factories, Lord Ashley procured the appointment of commissioners for
inquiry into the employment of children. These commissioners examined
into the state of young persons in mines and collieries; and the course
of their inquiries brought to light more than the sufferings of children
alone; for they found the cases of the women in many places equally
pitiable. This subject was brought forward by Lord Ashley in the house
of commons on the 7th of June, when his lordship moved for leave to
bring in a bill for restraining the employment of women and children
in mines and collieries. The speech of Lord Ashley disclosed a state
of things in the mining districts the most appalling. Cruel oppressions
were perpetrated by the mine owners and overseers, especially upon women
and children; and frequently parents showed an utter callousness to
the sufferings of their offspring. The work assigned to girls and young
women was destructive of health, and was conducted under circumstances
so indecent that it was difficult for the noble speaker to state
the details to the house. The commons received the intelligence with
amazement and indignation; they had no conception that such outrages
upon female decency, and upon humanity, existed in England. Lord Ashley
proceeded to state the means, which he should call upon the legislature
to adopt for an immediate removal of the most hideous and appalling
features of the system he had described. The means explained by his
lordship were fourfold: the total exclusion of female labour from all
mines and collieries in the country; the exclusion of all boys under
thirteen years of age; the prevention of the employment of males
under twenty-one years of age as engineers; and the abolition of
apprenticeship. Lord Ashley concluded his able and humane speech in this
appropriate and emphatic language of scripture:—“Let us break off our
sins by righteousness, and our iniquities by showing mercy to the poor.”
A hearty concurrence was manifested on all sides of the house in the
proposition; and the bill having been brought in, was passed rapidly
through all its stages, and finally read a third time amidst loud
cheers. Before the measure came into the upper house, it was announced
by Lord Wharncliffe that ministers would be passive respecting it,
each individual member taking what part they deemed prudent. The second
reading was moved by the Earl of Devon, who, after vindicating the
measure, contended that without any evidence the house would be
justified in preventing the employment of women in the places described.
Subsequently, the earl explained the alterations which it had been
thought advisable to make in the bill; namely, the postponement of the
time at which the employment of females should cease until the 1st of
March next; the abandonment of a clause for regulating the hours
during which children should be employed; the restricting the term of
apprenticeship in any mine or colliery to eight years instead of entire
prohibition; and the enacting that no boy be apprenticed under ten years
of age. Several noble lords spoke for and against the measure; but the
motion for going into committee was carried by forty-nine against three.
In committee several amendments were successively proposed by Lords
Beaumont, Littleton, Skelmersdale, Dunmore, and Mount Cashel; but they
were all rejected, and the several clauses were agreed to, with some
verbal amendments, and the bill reported. The third reading was opposed
by Lord Londonderry, but without success; and the bill passed. The
amendments were subsequently agreed to in the commons.
BRIBERY AT ELECTIONS.
On the 6th of May, Mr. Roebuck, having given notice previously of his
intention, moved for a committee of inquiry into the election of the
members for Reading, Nottingham, Lewes, Penryn, and Harwich. In making
this motion Mr. Roebuck entered into particulars concerning these
elections, in all of which he contended bribery had been practised. He
wished to inquire into these transactions in order to expose them to the
people of this country. He had not, he said, confined his accusations to
one side of the house or the other. He had made no party question of it:
he stood up for the purity of the house; and, God willing, it should be
made pure. The motion was seconded by Mr. Fitzroy, member for Lewes, who
warmly challenged inquiry into his conduct. Captain Plumridge, also,
member for Penryn, declared that he had never given one penny towards
the expenses of his election. On the other hand, Mr. Elphinstone,
another of the accused members, declared frankly that, in his election,
both parties had been guilty of bribery, and that if the inquiry had
proceeded, none of the four candidates for his seat would now have been
members of parliament. After a lengthened discussion a committee was
appointed, and at the latter part of July the report of this committee
was presented to the house, shortly after which Mr. Roebuck gave
notice of his intention to move the following resolutions:—“That the
compromises of election petitions, as brought to the knowledge of this
house by the Report of the Select Committee on Election Proceedings,
must, if for the future they be allowed to pass without punishment or
censure, tend to bring this house into contempt with the people, and
thereby seriously to diminish its power and authority. That all such
practices are hereby declared to be a violation of the liberties of the
people, and a breach of the privileges of this house; which it will in
all future cases inquire into, and severely punish. That whereas in the
late elections for Harwich, Nottingham. Lewes, Reading, Falmouth, and
Penryn, and Bridport, the present laws have been found insufficient to
protect the voters from the mischievous temptations of bribery, it be
ordered that Mr. Speaker do issue no writ for any election of members
for the said towns, till further legislative enactments have been
adopted to protect the purity of elections.” In moving these resolutions
Mr. Roebuck said that they mentioned no names, but simply provided for
future mischiefs. He had proved all his assertions, and much more:
and would the reflecting and honest people of England believe, that
in buying up poor voters, in debauching, poor constituencies, and
afterwards shielding themselves by a contemptible quibble, and buying
off the consequences, the conduct of members was either honourable to
themselves, or beneficial to their constituents? He believed the people
would say the chief criminal was the briber; the rich man who went
down with money in his pocket to a large constituency.—some of them
oppressed by poverty—and offered them bribes to sell their consciences.
A lengthened and stormy debate took place; but the resolutions were all
negatived. But, notwithstanding the house of commons refused to affirm
these resolutions, the investigation that had taken place had some
practical result. One of the terms on which the petition against the
return of one of the members for Reading was compromised, was the
acceptance of the Chiltern hundreds within a limited time. When that
time arrived, however, for carrying this stipulation into effect, an
unexpected difficulty occurred. The chancellor of the exchequer now made
aware, by the publication of the report, for what the application
was preferred, declined to grant it; and the individual who had bound
himself to resign his seat, found it beyond his power to do so. The
course of proceeding adopted by the chancellor of the exchequer became
the subject of discussion in the house of commons on the 6th of August,
when Lord Palmerston moved for “copies of any correspondence which had
taken place since the 1st day of July last, between the chancellor of
the exchequer and any member of this house, upon the subject of the
stewardship of the Chiltern hundreds;” the result of which motion was
that the copies were ordered. Subsequently, the writs for filling up
vacancies created by the unseating or collusive resignation of members
at Ipswich, Southampton, Nottingham, and Newcastle-under-Lyne were all
ordered to be issued. The disclosures before the committee concerning
Sudbury, induced Mr. Redington, the chairman, to bring in a bill for the
disfranchisement of that borough; but though this bill was supported by
government, and passed through the commons, owing to the late period at
which it was sent up to the lords, it only reached a second reading in
that house. The writ, however, was suspended _sine die_. In connection
with this subject, it may be mentioned that Lord John Russell brought in
a bill for the prevention of bribery, and remedying some of the abuses
to which election proceedings were liable; which bill, with some
modifications in committee, passed both houses, and received the royal
assent.
LAW REFORMS.
In the early part of this session the lord-chancellor gave notice of
bills respecting bankruptcy, lunacy, and county courts. Adverting first
to the subject of bankruptcies, he commenced by paying a compliment to
Lord Brougham, upon the improvements in that department of the law
which he had introduced. His lordship continued:—“That system, however,
excellent as it was, comprised within its jurisdiction only a circuit
of forty miles round London. He proposed to extend the metropolitan
district to a hundred miles round London; which would add a fifth to the
business of the commissioners, without inconvenience to them. For
the country, it was proposed to appoint commissioners at five central
points, in five great towns, beyond the London district, invested with
the same power which was at present reposed in the London commissioners.
They would perform the same quantity of duty now performed by the London
commissioners, having a similar range and a similar jurisdiction.” The
course respecting the law of lunacy was somewhat similar. His lordship
remarked:—“The law of lunacy was administered like that of bankruptcy,
the London commissioners having jurisdiction for twenty miles round the
metropolis; and the country commissions being like those of bankruptcy,
directed to persons of little or no experience, though the inquiries
were of the nicest and most delicate character. He proposed that two
commissioners should be appointed, for the purpose of executing
all those commissions, not only in the metropolitan districts, but
throughout the country. From an examination of details he was satisfied
that those two commissioners would be amply sufficient for discharging
those and other important duties connected with lunacy. The payment of
commissioners by fees would be abolished, and they would be added to the
visitors at present appointed to inspect the condition of lunatics. They
would be taken from among the highest members of the bar.” Concerning
the county courts, his lordship said that he was averse to any sweeping
change: his measure went merely to extend their jurisdiction. They were
presided over by the county clerk, whose jurisdiction extended to forty
shillings. “If,” said his lordship, “I appoint a particular place,
and give them a jurisdiction to the extent of five pounds, and appoint
persons of respectability and learning, I think I do not innovate upon
ancient institutions.” His lordship proposed further, that for the
recovery of debts to the amount of twenty pounds, persons should be
appointed judges of these courts, who should not reside in the provinces
where they administered the law, but that they should make circuits,
like the judges of the land, into the provinces with which they were not
acquainted, and where they had no local connections or prejudices. His
lordship proposed that there should be six or eight circuits in the
year, to be made by barristers of a certain standing, to be appointed by
the crown; who should return to the metropolis after the circuits, where
they could mix with their colleagues in the profession, and thus give
a security for the uniformity of the law which they administered.
The bills were generally approved of, and they passed the upper house
unopposed. In the commons an attempt was made to induce government to
postpone the consideration of them; and that relating to the county
courts was postponed till the following year, but those respecting
bankruptcy and lunacy were passed. Another bill, introduced by Sir James
Graham, for the amendment of the law relating to the registration
of votes in England, was delayed; and three bills proposed by Lord
Campbell, to alter the administration of the house of lords as a court
of appeal, to alter the system of appeal to the judicial committee
of the privy council, and to amend the administration of the court of
chancery, were rejected. A question of general interest respecting
the marriage law was also raised this session in the commons, by Lord
Francis Egerton, who moved for leave to bring in a bill to alter the
laws relating to marriage within certain degrees of affinity. The chief
feature of this bill was, that it would enable a widower to marry a
deceased wife’s sister; but, on a division, the motion for leave to
bring in the bill was lost by one hundred and twenty-three against one
hundred.
BILL FOR THE PROTECTION OF THE ROYAL PERSON.
During this session, in consequence of an attempt upon the queen’s life,
by an insane person of the name of Bean, Sir Robert Peel brought in a
bill on the subject, which met with the unanimous approbation of the
house. In introducing this bill, after adverting to the act passed in
the reign of George III., for the protection of that monarch, Sir Robert
said that he proposed to extend the change of procedure involved in that
act, namely, the abolition of the forms usually attendant on trials of
high treason, &c., to cases where the offence was that of compassing
the wounding of the sovereign. Concerning the class of offences against
which his measure was to provide, Sir Robert remarked:—“I propose that,
after the passing of this act, if any person or persons shall wilfully
discharge, or attempt to discharge, or point, aim, or present at or
near the person of the queen, any gun, pistol, or other description of
fire-arms whatsoever, although the same shall not contain explosive or
destructive substance or material; or if any person shall strike, or
attempt to strike the person of the queen with any offensive weapons, or
in any manner whatever; or if any person shall wilfully throw or attempt
to throw any substance whatever at or on the person of the queen, with
intent, in any of the cases aforesaid, to break the public peace, or
with intent, in any of the cases-aforesaid, to excite the alarm of the
queen; I propose that any party so offending—that is, intending to
hurt the queen, or to alarm the queen, shall be subject to the same
penalties which apply to cases of larceny; that is, he be subject to
transportation not exceeding seven years. I propose, also, another
punishment, more suitable to the offence, and more calculated to repress
it, that there be a discretionary power of imprisonment for a
certain period, with authority to inflict personal chastisement.” In
continuance, Sir Robert Peel expressed an opinion that such a punishment
would awe miscreants capable of harbouring such designs, and that the
provisions of the bill would be amply sufficient for the purpose of
protecting her majesty. “For,” he added, “observe what we have to guard
against—it is not any traitorous attempt against the peace of the
nation by conspiring to take away the life of the sovereign, but it is
the folly or malignity of wretches who are guilty of acts prompted by
motives which are scarcely assignable. The law, in its charity to human
nature, has omitted to provide for the case of any being formed like a
man who could find a satisfaction in firing a pistol at a young lady,
that lady a mother, and that mother the queen of these realms. It
never entered into the conception of former law-makers that anything
so monstrous should arise, as that the queen of these realms should not
enjoy a degree of liberty granted to the meanest of her subjects. I am
sure the house will respond to the proposition to give the security of
this law for the protection of her majesty.” The bill was passed with
unanimity.
POOR-LAW AMENDMENT BILL.
During this session government proposed and carried a bill re-enacting
the poor-law commission for five years, abolishing the Gilbert unions,
and forming districts for the purposes of education and various minor
matters. This bill, however, was not carried without much opposition.
PROROGATION OF PARLIAMENT.
Parliament was prorogued on the 12th of August by the queen in person.
Having given the royal assent to several bills, her majesty expressed
her grateful sense of the assiduity and zeal with which both houses
had applied themselves to the discharge of their public duties. In her
speech her majesty also alluded to the measures which had been
taken into consideration; thanked her parliament for the loyalty and
affectionate attachment shown to her person by the act passed for her
protection; and made some allusions to reverses which had befallen a
division of the army westward of the Indus, and to a victory gained at
Jellalabad.
EAST INDIA AFFAIRS, ETC.
During the preceding year the British power in India came into hostile
collision with the Ghilzies. This collision was thus brought about. The
Khoord Cabul Pass is a long and dangerous defile through which the
road between Cabul and Jellalabad runs, and which, therefore, it was
necessary to keep open for the purpose of safe intercourse between Cabul
and British India. This part of Affghanistan was occupied by the eastern
Ghilzies: and it was thought advisable to purchase from them the right
of traversing the pass without molestation. An agreement was, in fact,
entered into with the Ghilzee chiefs, whereby it was stipulated that
a certain sum of money should be paid them yearly out of the Cabul
treasury, if they would keep the pass open, and offer no molestation
to our troops on their passage between Cabul and Jellalabad. Owing,
however, to the financial difficulties of the Cabul treasury, or to some
mismanagement on the part of the officer who was appointed to disburse
the money, the whole amount of the stipulated sum was not paid, and
the Ghilzies immediately rose in arms and closed the passes. It was
necessary to open it by force; and Major-general Sir Robert Sale was
sent by General Elphinstone from Cabul for that purpose. The brigade
which Sir Robert commanded entered the pass on the 12th of October. The
Ghilzies were posted behind a breastwork near the middle of the pass;
and as the assailing body approached, the enemy withdrew from this
position, and occupied the steep and precipitous ridges of the mountains
on either side, from whence they opened a well-directed fire. General
Sale was wounded in the ankle and obliged to leave the field; and
Lieutenant-colonel Dennie then took the command. Under his direction
one section of the brigade got possession of the heights, and their guns
were established in a deserted fort on the southern gorge of the pass;
but the other division marched back through the defile to the camp at
Boothak. But, although the Khoord Cabul Pass was thus cleared, the force
under General Sale was compelled to fight with the enemy during eighteen
days in their route to Gundamuek, which was reached on the 30th of
October. After this the British troops commanded the route to Sookhab;
and on the 12th of November they reached Jellalabad. In the meantime
a fearful tragedy, which ended in the total destruction of our Cifeul
force, had commenced in that city. The British troops were placed in
a cantonment on the north side of the city, which cantonment consisted
only of a low rampart and narrow ditch, in the form of a parallelogram,
thrown up along the line of the Kohistan road, one thousand yards long
and six hundred broad, with round flanking bastions at each corner,
every one of which was commanded by some fort or hill. The “Mission
Compound,” where Sir William M’Naghten, the envoy, and his suite
resided, was attached to the cantonment on the north side, and
surrounded by a single wall. On the eastern side, about a quarter of
a mile off, the Cabul river flowed in a direction parallel with the
Kohistan road; and between the river and cantonments there was a
wide canal. In itself this cantonment was most insecure; but General
Elphinstone threw a bridge over the river so as to render the
communication between the Seeah Sung camp and the cantonment still more
easy. The most extraordinary oversight, however, was the allowing
the commissariat stores to be placed in an old fort detached from the
cantonment, and in such a state as to be wholly indefensible. The troops
were thus placed when a rebellion took place under Ameenoollah and
Abdoolhah Khan. It commenced by an attack on the dwellings of Sir
Alexander Barnes and Captain Johnson, who resided in the city of Cabal;
Sir Alexander, his brother, Lieutenant Burnes, and Lieutenant Broadfoot
were murdered. On discovering this, General Elphinstone sent an order to
Brigadier Shelton to march forthwith with a body of troops to the Bala
Hissar, or royal citadel, situated at the eastern extremity of the city;
the rest of the troops in that camp were withdrawn into the cantonment,
and the whole of the camp followers when collected amounted to twelve
thousand, exclusive of women and children. A long and miserable siege
now took place. The Affghans surrounded the cantonments, and poured in
a constant fire from every quarter; and, at length, on the 11th of
December, the commissariat fort being captured by the enemy, Sir William
M’Naghten was compelled to sign this humiliating agreement with
the rebel chief:—“That the British should evacuate the whole of
Affghanistan, including Candahar, Ghuznee, and Jellalabad: that they
should be permitted to return unmolested to India; and that supplies
should be granted to them on their road thither—certain men of
consequence accompanying them as hostages; that means of transport
should be furnished to the troops; that Dost Mahomed Khan, his family,
and every Affghan then detained within our territory should be allowed
to return to their own country; that Shah Soojah and his family should
have the option of remaining at Cabul or proceeding with the British
troops to Loodianah, in either case receiving from the Affghan
government one lac of rupees per annum; that an amnesty should be
granted to all who had taken the part of Shah Soojah; that all prisoners
should be released; that no British force should ever be sent into
Affghanistan, unless invited by the Affghan government.” The chiefs,
in retiring from the conference, took with them Captain Trevor as a
hostage. Much delay took place in carrying any of these terms into
effect; and in the meantime a trap was laid for Sir William M’Naghten,
into which he fell. On the 22nd of December two Affghans came into the
cantonment, and had a private conference with him, in which they made
a proposal on the part of Akbar Khan, that Ameenoolah Khan should be
seized the next day, and delivered up to the British as a prisoner; that
the Bala Hissar should be occupied by one of our regiments: that Shah
Soojah should continue king, and Mahomed Akbar become his Wuzeer, or
prime-minister; and that our troops should remain in the cantonment
until the following spring. To these specious terms the envoy unwarily
assented; and on the 23rd of December, accompanied by three officers, he
left the Mission-House to attend a conference with Mahomed Akbar Khan
in the plain toward Seeah Sung. While in the act of conference, however,
Sir William M’Naghten and the officers were seized from behind by armed
men; and he and Captain Trevor were murdered; the other officers escaped
with difficulty. The situation of the British troops was now evidently
desperate, and Major-general Elphinstone deemed it necessary to provide
for their safety by again attempting to negociate with the enemy. A
convention was entered into, in pursuance of which the troops commenced
their march on the 6th of January. In the whole there were 4,500
fighting men about 12,000 camp followers, and a large number of women
and children. Their retreat was most disastrous. The snow lay deep upon
the ground, and the rear-guard had scarcely quitted the camp before it
was attacked by the enemy. As far as Bareekhur the whole way was strewed
with the dead and dying, who were immediately stripped and left naked
by the Affghans; while the merciless Ghuzees hacked the dead corpses to
pieces with their long knives. While at Bareekhur a communication was
opened with Akbar Khan, who now offered to restrain the Affghans from
further outrages, provided hostages were delivered to him as a security
that the British would not march beyond Tezeen, until General Sale had
evacuated Jellalabad. The proposal was accepted, and Major Pottinger
and Captains Lawrence and Mackenzie became hostages. The troops now
proceeded to the Khoord Cabul Pass; but Akbar Khan’s promise was futile:
they had to force the difficult pass with considerable loss. The next
morning the treacherous chief sent to the encampment, professing his
concern at his inability to restrain the Ghilzies, who had been most
active in the attacks of the preceding day; but he offered to protect
the ladies, provided they would put themselves under his care. Eight
ladies, including Lady Sale and Lady M’Naghten, placed themselves under
his protection; those who had husbands being solaced by their company.
In resuming the march the contest recommenced, and it did not cease
until they reached Jugdulluck. Few, however, reached that place. Of the
whole force which had left Cabul, amounting to more than 16,000 persons,
not more than three hundred are said to have escaped. At Jugdulluck,
Akbar Khan effectually interfered, and the unfortunate British were
allowed to occupy, without molestation, a ruined enclosure, where they
lay down, worn out by fatigue, and helpless, in the snow. Out of this
number only one man, Dr. Brydon, lived to reach Jellalabad; the rest,
subsequent to the protection afforded them by Akbar Khan at Jugdulluck,
were all slain, either by the Affghan troops, or by the inhabitants of
the villages through which they passed in their flight. As for General
Elphinstone, he was detained prisoner by Akbar Khan, who sent for him
under pretence of treating personally with him.
The enemy now approached Jellalabad, which was occupied by Sir Robert
Sale, who had maintained his position there since the day on which he
reached it. This gallant general had been engaged in several encounters
with the enemy, in which he had uniformly punished them. When the enemy
approached Jellalabad, Lady Sale, then a prisoner in the hands of the
Affghans, wrote a letter, exhorting lier husband to defend his position;
saying that she preferred death to dishonour. Sir Robert Sale refused,
when summoned, to abandon his post, and he was consequently besieged
by the enemy. Vigorous efforts were soon made to relieve the besieged
garrison. Lord Auckland was about to retire from the government of
India, and a new governor-general, Lord Ellenborough, had arrived at
Calcutta on the 18th of February. In the meantime Sir Jasper Nicholls,
who was commander-in-chief of the British forces in India, was urged by
Lord Auckland to push on to Peshawar as many troops as he could spare.
A body of 3500 men arrived at Peshawar on the 27th, but he having failed
to force the Khyber Pass, was compelled to remain passive until joined
by Major-general Pollock, who, when he arrived, took command of the
forces destined for the relief of Jellalabad. A portion of the forces
under his command consisted of Sikhs, the troop of the Maha Rajah Shere
Sing, ruler of the Punjaub, under General Abitabile. On the arrival
of Major-general Pollock at Peshawar, accounts were received from
Jellalabad, representing General Sale as in want of immediate succour.
Two brigades, consisting of 4,000 men, under the command of Colonel
Bolton, had not yet joined his forces; but General Pollock nevertheless
resolved to advance forthwith, having under his command about 8,000 men.
The task he had to perform was one of the most difficult nature. From
Jamrood, on the eastern side, the Khyber Pass extends for twenty-eight
miles towards Jellalabad; and the defiles had hitherto been considered
as impassable to an army if opposed by an enemy. The pass was defended
by the Khyberries; but, despite their opposition, his whole force
cleared it by the 14th of April; the first instance in history of an
army forcing its way through these dreaded defiles in face of an enemy.
The Sikh troops were left in possession of the pass, and on the morning
of the 16th of April the troops, under the command of General Pollock,
came in sight of Jellalabad, and were loudly greeted by the beleaguered
garrison.