market, there was a general impression that the time had arrived when a
considerable saving might be effected to the country, by a reduction
in those stocks which bore the highest rate of interest. Early in the
present session, indeed, it was discovered that government contemplated
a plan for reducing the three and a half per cent, consols, which, at
the commencement of the year, had reached the price of 102 ½. This
plan was developed by Mr. Goulburn, in a lucid and able speech, on the
8th of March. He was about to ask the house, he said, to deal with the
largest sum for which any government had been called on to propose
a regulation, being no less than £250,000,000 of money. Never, he
continued, was there a period when capital, seeking an investment, was
so plentiful, and the rate of interest so low as at present; and there
was nothing in the circumstances of the times which gave any reason to
suppose that this state of things would prove transient. The condition
of the public finances also was favourable to the proposed object; for,
thanks to the firmness of the house of commons, the revenue once more
exceeded the expenditure. In explaining this measure, he said that
he was not disposed to purchase an immediate relief by increasing the
burdens of succeeding times. He had, therefore, rejected the idea of
lowering the present interest by augmenting the capital of the debt. His
intention was to propose the conversion of the three and a half into
a three and a quarter per cent, stock, which should continue until
October, 1854, after which period the interest should be reduced to
three per cent., with a guarantee that for twenty years there should be
no further reduction. By this measure the public, from October, 1844, to
1854, would save £625,000 per annum, which saving, from and after 1854,
would become £1,250,000 per annum. Mr. Goulburn also proposed to make
such arrangement that, from next October, the payments of interests
would be nearly equalized in each quarter. His speech was received with
loud demonstrations of approbation from both sides of the house; and the
resolution being put, was carried unanimously. The bill brought in,
to give it effect, passed rapidly through its stages in the house of
commons; and it was carried through the upper house with equal unanimity
and facility, all being convinced that it was a sound and practical
measure, and honest withal to the public creditor.
The annual financial statement for this year was made on the 24th
of April, when Mr. Goulburn had the satisfaction of showing that the
receipts exceeded the expenditure. There had been an increase of amount
in all the estimates: in the customs, the excise, the stamps, the taxes,
the post-office, and the property-tax. The estimate of the total revenue
was £50,150,000; the sum received £52,835,134, showing an increase of
about £2,700,000. The expenditure also was less than the estimate
by £650,000; and the total result was that, instead of the estimated
surplus of £700,000, the gross surplus amounted to £4,165,000. From
this, however, there was the deficiency of last year to be taken,
namely, £2,749,000; and when this was discharged there was a net surplus
of £1,400,000 over the expenditure of the year ending April, 1844. The
total estimate of the revenue for the year following was £51,790,000,
and the expenditure £49,643,170, whereby an apparent surplus of
£3,146,000, or, making a deduction for a portion of the debt to be
discharged next year, £2,376,000. Mr. Goulburn proceeded to say that
this balance having been anticipated, he had been pressed from all
quarters to reduce various taxes. He would gladly have done so, but the
source of the surplus was not permanent: it was mainly the income-tax
which was to be considered next year, in order to determine whether
it should be prolonged, as had originally been proposed, for two years
beyond the first. If other taxes were now hastily reduced before
the operation of the tariff could be known, the house might have no
alternative next year but to continue this tax. It was under these
circumstances that he resisted large reductions; but he thought there
were some articles upon which remission might be afforded, with a fair
prospect of making up revenue by an increased consumption, and with a
probability of increasing the consumption of other articles. The items
which he proposed to select for such remission were glass, vinegar,
currants, coffee, marine insurance, and wool, upon the aggregate of
which the amount of duty to be remitted would be £387,000 per annum.
Later in the session he intended to take the sugar duties into
consideration; when he should recommend that England should admit, at a
differential duty of ten shillings per cwt., the sugar of those
states which do not cultivate that commodity by slave-labour. After
considerable discussion, in which several members recommended the
reduction or abolition of other taxes, the motion of Mr. Goulburn was
agreed to; and the customs duties bill, and other bills founded on his
proposition, subsequently passed through both houses with unanimity.
SUGAR-DUTIES BILL, ETC.
The great conflict of parties was reserved for the sugar duties. The
chancellor of the exchequer’s views on this subject were propounded on
the 3rd of June, when, after delivering a lucid and able speech on
the sugar duties at present existing, and explaining his intended
alterations in those duties, he moved:—“That towards raising the supply
granted to her majesty, the several duties now payable on sugar be
further continued for a time to be limited, save and except that from
and after the 10th day of November next, there shall be charged on brown
Muscovado, or clayed sugar, certified to be the growth of China, Java,
or Manilla, or of any other foreign country, the sugar of which her
majesty in council shall have declared to be admissible as not being the
produce of slave-labour, £114s. the cwt., together with the additional
duty of £5 per cent, on the afore-mentioned rate. That from and after
the 10th day of November next her majesty be authorized by order in
council to give effect to the provisions of any treaty now in force,
which binds her majesty to admit sugar, the produce of a foreign
country, at the same duties as are imposed on sugar the produce of the
most favoured nation.” Lord John Russell had announced that he would
propose an amendment for including slave-grown sugar in that foreign
produce which was to be admitted at diminished duties; but Mr. Goulburn
said he could not believe that the house would consent to throw away the
whole of that large amount which the country had recently paid for the
abolition of slavery, by creating, through a new rise of prices, an
additional stimulus to the importation of slaves into the foreign
colonics. Lord John Russell, however, combated the views of government
at great length; after which he moved, as an amendment, “That towards
raising the supply granted to her majesty, instead of the duties of
customs now payable on sugar, there shall be charged on brown, or
Muscovado sugar, the produce of any foreign country, the sum of £1 14s.
per cwt.” In support of his motion the noble lord argued, that the time
was come when the sugar duties ought to undergo a full consideration.
It was proposed, he said, to admit the sugar of Java and Manilla as
free-grown, though the policy of these countries was questionable in
point of personal freedom; but the sugar of Porto Rico was excluded,
because our conscience was shocked at the notion that some part of
it might have been produced by slaves. But what was thus forbidden
directly, was allowed circuitously; we were willing to refine and
export this slave-grown sugar, and to take the hemp and tallow of
Russia in its stead, which seemed to be an easy way of letting down
our consciences. This savoured of hypocrisy. If the United States were
permitted to send us their sugars, which they would do to the extent of
50,000 tons per annum, they would take slave-grown sugar into their own
consumption to the same extent; and to that whole extent, therefore,
would give encouragement to slave-grown sugar. No implicit faith,
moreover, was to be placed in the certificates of the Americans. Messrs.
Gladstone and Baring defended the government measure; and Messrs.
Hume, Labouchere, and M. P. Stewart opposed it. On a division Lord
John Russell’s amendment was negatived by one hundred and ninety-seven
against one hundred and twenty-eight. A few days afterwards, a bill
founded on the chancellor of the exchequer’s resolutions was brought
in, and was read a second time without discussion. But the most critical
crisis for ministers had yet to be encountered. On the 14th of June, the
house having resolved itself into committee on the sugar-duties bill,
Mr. P. Miles objected to the change proposed by ministers in the old
amount of protection as a measure which was not expedient, and not final
in its settlement; wherefore he moved as an amendment, “That, from the
10th of November next, the duty on British colonial sugar should be.
20s.; on the sugars of China, Java, and Manilla, 30s.; with a duty
of 34s. upon the foreign sugars, when imported at a certain degree of
refinement, and with an addition, as usual, of five per cent, upon the
whole.” This amendment was seconded by Mr. H. Baillie, who described the
measure of government as causing general dissatisfaction; and asserted
that, while it violated the principle of refusing encouragement to
the foreign slave-trade, it gave but partial advantages to the British
people. A long discussion took place, in which many members took part;
and on a division government was defeated by a majority of two hundred
and forty-one against two hundred and twenty-one. The committee then
adjourned to the 17th; on which day Sir Robert Peel rose to put the
house in possession of the course which government intended now to
pursue. After explaining the nature of the sugar duties, and their
views in the proposed alterations, and asserting that he believed a
concurrence between the friends and the opponents of ministers had been
concerted in the late division, he said the course which government
would now take, and on which all members would be free, who had not
engaged to vote for Mr. Miles’s proposal of 20s., would be to propose,
as an amendment, that 24s. should be the duty. They wished it to
be known in the countries east of the Cape what the intentions of
government were. Sir Robert Peel went on to explain the reasons why he
did not content himself with merely proposing a renewal of the present
sugar duties; after which, he said, that he was not insensible to
the impediments which had been opposed to the progress of ministerial
legislation. In certain of their measures, government had failed to
obtain the approbation of some whose support they valued: but they were
not prepared to purchase that approbation at the price of refraining
from the policy which they deemed essential to the welfare of the
country. They had felt it their duty to make a relaxation of duties;
in that course they held it their duty to persevere: and he was anxious
that on so important an occasion there should be no deception and no
reserve. Lord John Russell considered that the proposal of Sir Robert
Peel was neither more nor less than that the house should retract its
former vote, and thus disgrace itself with the country. For his own part
he was not much moved by their threats of quitting office, as he had not
been one of the general supporters of the government. He justified
the degree of concert which had taken place between Mr. Miles and the
opposition; and asked if there had not also been a combination on his
side. In conclusion, he warned the house that if they gave Sir Robert
Peel the victory on this occasion, they would henceforth be wholly in
his power. Mr. P. Miles denied that the conspiracy existed of which the
right honourable baronet had spoken, and expressed his regret that he
intended to persevere with his bill: he should have thought he would
have been justified in paying due deference to the decision of a
majority of that house, and postponing his measure till another session.
Messrs. Cochrane and Labouchere opposed; and Sir Howard Douglas, and
Messrs. Kemble and Warburton expressed their intention to vote with
ministers. Mr. D’Israeli was not a little lost in wonder when he heard
the threatened resignation of ministers; and facetiously congratulated
the administration and the country, that instead of resigning, the right
honourable baronet had simply moved an amendment. Several other members
took part in the debate; and on a division Mr. Miles’s motion was
negatived this time by a majority of two hundred and fifty-five against
two hundred and thirty-three; after which Sir Robert Peel’s amendment,
that 24s. and 84s. should be inserted, was agreed to. In committee
further discussion occurred, and several amendments ‘were moved; but
they were all negatived and the bill finally passed the commons.
The principal debate in the house of lords took place on the 2nd of
July, when Lord Dalhousie moved the third reading. In his speech, the
noble lord showed the prejudicial effects of the emancipation of the
slaves in the West Indies on the supply of labour, and the consequent
diminished production of sugar. This diminution had increased the price;
and it became requisite to provide a supply from other quarters to
answer the increase of demands. It was for this purpose that the present
measure was introduced. By the act, which it was intended to supersede,
all foreign sugar was subjected to a duty of 63s. per cwt. and five per
cent.; and British sugar to a duty of only 24s., and five per cent. This
bill proposed to leave the duty on sugar, the produce of the British
possessions, as it then stood, namely, 24s. and five per cent.; but
it proposed to effect an important alteration with respect to foreign
sugar, by allowing the sugar of China, Java, and Manilla to be admitted
at a duty of 34s. and five per cent., such sugar being the produce of
free labour; and it also proposed to give to her majesty in council
a power to admit, under peculiar circumstances, sugar, the produce
of other countries with which we had reciprocal treaties, such
being-certified to be _bona fide_ the sugar of those countries, and
the produce of free labour. The bill was opposed by the Marquis of
Lansdowne, Earl St. Vincent, and Lord Monteagle; and supported by the
Earl of Radnor, and Lords Ashburton and Brougham. After a few words from
Earl Dalhousie, in reply, it was read a third time, and passed without a
division.
BANK CHARTER AND BANKING REGULATIONS.
In the speech at the opening of parliament, her majesty had alluded to
measures about to be brought forward for the regulation of the Bank of
England, and the administration of banking concerns in general. On the
6 th of May, in accordance with this announcement, the house having
resolved itself into a committee upon the Bank charter, Sir Robert Peel
explained these measures. The act of 1833, he said, had empowered the
government to notify to the Bank, before August, 1844, that parliament
meant to deal anew with the subject; and government now proposed
that parliament should exercise that power of notification. The right
honourable baronet went on to consider the principle of value. What, he
asked, was a pound, and what the engagement to pay a pound? He contended
that the word meant more than an abstraction—that it meant a certain
weight of precious metal; and the engagement of a maker of a promissory
note was to pay on demand a definite amount of that metal and fineness.
A real measure of value in this just sense had existed till the year
1797, when bank paper became issuable without being convertible into
metal. For some years the subject attracted little attention, until
the bullion committee of 1810 propounded a sounder theory. This theory,
however, was unsatisfactory to the people at large, and a notion became
general that a pound was merely an abstraction. Some writers had argued,
he continued, that gold was unfit to be a particular medium, because
it was an article of commerce. There were several theories upon this
subject. For instance, Mr. Ricardo conceived that paper should be
convertible only when the notes tendered for specie should reach to
upwards of a certain high amount; but he preferred, to adhere to
the present system of a single gold standard, and a five pound note
convertible into gold. The right honourable baronet next proceeded to
state his views respecting the principle for the regulation of a paper
currency, making a distinction between bills of exchange and those
promissory notes, which, being payable to bearer, served the direct
purposes of money. He next stated the outline of the practical measures
he was prepared to recommend. He remarked: “I propose, with respect to
the Bank of England, that there should be an actual separation of the
two departments of issue and banking—that there should be different
offices to each, and a different system of account. I likewise propose
that to the issue department should be transferred the whole amount
of bullion now in the possession of the Bank, and that the issue of
bank-notes should hereafter take place on two foundations: first, on a
definite amount of securities, and, after that, exclusively upon that of
bullion; so that the action of the public would, in this latter respect,
govern the amount of the circulation. There will be no power in the
Bank to issue notes on deposits and discount of bills; and the issue
department will have to place to the credit of the banking department
the amount of notes which the issue department by law will be entitled
to issue. With respect to the banking business of the Bank, I propose
that it should be governed on precisely the same principles as would
regulate any other body dealing with Bank of England notes. The fixed
amount of securities on which I propose that the Bank of England should
issue notes is £14,000,000; and the whole of the remainder of the
circulation is to be issued exclusively on the foundation of bullion.
I propose that there should be a complete and periodical publication
of the accounts of the Bank of England, both of the banking and issue
departments, as tending to increase the credit of the Bank, and to
prevent panic and needless alarm. I would, therefore, enact by law that
there should be returned to the government a weekly account of the
issue of notes by the Bank of England; of the amount of bullion; of
the fluctuations of the bullion; of the amount of the deposits; and, in
short, an account of every transaction, both in the issue department and
the banking department of the Bank of England; and that the government
should forthwith publish, unreservedly and weekly, a full account of the
circulation of the Bank.” Sir Robert Peel next explained the regulations
proposed by him for private banks. The general rule, he said, would be
to draw a distinction between the privilege of issue, and the conduct of
banking business: the object being to limit competition, but to make the
great change with as little detriment as possible to private interests.
From this time no new bank of issue would be constituted; but all those
existing would be allowed to retain the privilege, upon condition that
they do not exceed the present amount, to be calculated upon the average
of a term of years. This would enable the Bank of England to know the
extent of issue with which it would have to compete. While the issues
would be restricted, banking business would be facilitated; the
privilege of suing and being sued, at present withheld from joint-stock
banks, would be accorded; the law of partnership would be so altered,
that while the acts of an individual director, or otherwise authorized
partner, would bind the whole, the acts of an unauthorized partner would
not do so; and joint-stock banks in London, at present forbidden to
accept bills for a date of less than six months, would be placed on an
equality with other banks, and allowed to accept bills of any amount and
any date. If the last privilege were abused by the circulation of small
bills, he would then appeal to parliament to correct the evil. All
joint-stock banks would be required to publish a full and complete
periodical list of all partners and directors, and banks of issue to
publish an account of their issues. Joint-stock banks would also be
prohibited from having shares of less than £100, £50, or some fixed
amount; and no new joint-stock bank should be constituted except upon
application to a government department, on registration of prospectuses,
and probably registration of shares and paid-up capital. Reverting
to the proposition respecting the Bank of England, Sir Robert Peel
remarked:—“It is to be allowed issues to the extent of a fixed
amount of securities, £14,000,000. The existing loan of £11,000,000 to
government, at three per cent., will be continued, there appearing no
advantage in change.
“The remaining £3,000,000 will be based upon exchequer bills and other
securities, over which the Bank will have entire control; with
the power, however, of limiting its issues on that portion of the
securities, to restore the exchanges, and so forth: there could hardly
be a case in which the securities could safely be diminished to less
than £11,000,000. The Bank will also be allowed to extend its issues
beyond the £14,000,000 on emergency, but only with the assent of three
members of the government; and in such case the whole of the net profit
on any amount beyond the £14,000,000 will revert to government. A
case might arise such as the sudden extinction of £2,000,000 of the
provincial currency, which would need an extension of the Bank currency
to fill the gap. Without seeing any great advantage in the ‘legal
tender’ clause, it is proposed to continue it, in order to facilitate
the circulation of bank paper. The pecuniary arrangements between the
Bank and government have to be explained, The Bank retains the privilege
of issuing notes on securities to the amount of £14,000,000, at three
per cent., which would yield £420,000. From this there are deductions to
be made. The total cost of the Bank on an issue of £20,000,000, has been
estimated at £117,000; but take it at about £113,000, which, taken from
£420,000, leaves £307,000. There is then to be deducted about £60,000
composition with the Stamp-Office for the privilege of issuing notes.
Then there is about £24,000 paid by the Bank to those bankers who
undertake to issue Bank of England notes: taking-one per cent, on a
payment of three per cent. The result, after subtracting these items, is
£220,000 derived from the issuing of notes. Hitherto the Bank has paid
£120,000 to government for its privileges: its privileges are now to be
affected; but on the other hand increased stability is to be given to
its banking business; and I propose that in future the Bank should
still pay that sum, besides the £60,000 for the composition with the
Stamp-Office, making in all about £180,000. Government pay to the Bank
£240,000 for the management of the public debt; and the difference
between the two last sums would be the balance that government would
have to pay over to the Bank.” After stating that the present measure
would not be extended to Ireland and Scotland, Sir Robert Peel
concluded with moving a string of resolutions which embodied the above
propositions. His scheme met with general approbation; and on the 20th
of May, the house having gone into committee on the resolutions, Sir
Robert Peel made some further explanations upon points in the detail
of the measure. He would suppose, he said, that the circulation in
the country was £8,000,000; that the country banks would desire, by
agreement with the Bank of England, to reduce this by one-half; and that
it might become necessary for that establishment to make fresh issues in
order to supply the vacuum. The cases then in which he would allow the
Bank to do so, would be those of a country bank failing, or closing,
or commuting its own circulation for that of the Bank of England.
With respect to the question, whether the bullion on which the Bank of
England was to issue its notes should include silver, he proposed that
it should; but without departing from the great principle that there
must be but one standard, and that standard a gold one; all he meant
was, that if a party brought silver to the Bank, the Bank might, within
a certain limit, give its notes in exchange for it. If this were not
permitted, the Bank having no interest in keeping a supply of silver,
would probably cease to keep it; but it was important for the country
to have access to such a supply, not only for domestic circulation, but
with reference to foreign commerce. He proposed, therefore, to permit
an issue of notes upon silver bullion, in the proportion of one-fifth of
the whole, or one part in silver to four in gold. With respect to banks
of issue, he would save them their circulation until parliament should
make further order, and he would compute that circulation upon the
average of its amount from the 6th May, 1842, to the 6th May, 1844,
requiring henceforth a weekly publication of it. Where one bank took
the business of another, the benefit of the averages of the extinguished
bank should be given in the circulation of the surviving bank. If a bank
should increase its branches, it would not be allowed to increase
its total issues. If private banks should coalesce, the consolidated
concern, being still a private bank, should be permitted to retain the
benefit of the circulation of all the component banks, but a change
of character would not be permitted: joint-stock banks would not be
authorized to buy up the circulation of private banks. Sir Robert Peel
next explained the way in which he intended that the new plan should
operate with respect to those banks which had been issuing Bank of
England notes, and announced that the Bank of England was prepared to
enter into negociations with other banks for arrangements under which
its notes should be circulated by them. He concluded by adverting to
some exceptions which had been taken to some parts of his measure,
in doing which he showed that they were founded upon safe and just
principles. After a brief discussion, the resolutions were passed, and
the second reading of the bill founded upon them was moved on the 13th
of June. Mr. Hawes moved as an amendment:—“That no sufficient evidence
has been laid before the house to justify the proposed interference with
banks of issue in the management of their circulation.” This motion
was supported by Messrs. Hastie, Woolehouse, C. Buller, Gisborne, and
Williams; and opposed by the chancellor of the exchequer, Sirs R.
Peel and W. Clay, and Messrs. Hume and Warburton. On a division it was
negatived by a majority of one hundred and eighty-five against thirty;
and after some further discussions in committee, in which some members
attempted to introduce modifications in the bill, all the original
propositions were carried, and, with the exception of a small section,
with the general concurrence of the house. In the house of lords it
received very little discussion. The first and second readings passed
_sub silentio_; and it went through committee without any division: the
Earl of Radnor and Lord Ashburton only expressing fears of its practical
working.
DISSENTERS’ CHAPELS BILL.
During this session a bill was brought into the house of lords by the
lord-chancellor for confirming the possession of religious endowments in
the hands of dissenters, and arresting such litigation as had recently
taken place in the case of Lady Hewley’s charities, which were endowed
by her for Calvinistic Independents, but which had gradually passed
to the Unitarians, whose occupancy was successfully opposed. The
lord-chancellor’s bill proposed to terminate all further legal
controversy respecting the right to voluntary endowments connected with
dissenting chapels, by vesting the property in the religious body in
whose hands it had been for twenty years. The bill was opposed in
the house of lords by the Bishops of London and Exeter, the Earl of
Winchilsea, and Lords Kenyon, Teynham, and Mountcashel; but it was
carried by a large majority. Before it came under discussion in the
house of commons a vigorous opposition was manifested against it,
especially by the Trinitarian dissenters. Public meetings were held,
and petitions were sent up from all quarters against the obnoxious
proposition. Under these circumstances, on the 6th of June, when the
second reading of the bill was moved, the attorney-general explained its
objects, which, he said, had been misunderstood. The alarm which this
bill had created, namely, that it would have the effect of encouraging
Unitarian doctrines, he contended was wholly unfounded. An act had been
passed in 1813, legalizing the foundation of schools and chapels for
the benefit of the Unitarians, and placing them upon the same footing
as other Protestant dissenters. The question then arose respecting
foundations which might have been made before 1813, when the Unitarians
were excepted out of the Toleration Act: namely, would they or ought
they to take from that body, which was now legal, and could legally
endow chapels, that which they possessed, because it was given them
before the year 1813? The first clause of the bill put not only
Unitarians, but all Protestant dissenters on the same footing; it
rendered the toleration act retrospective. The second clause, he
continued, related to dissenting chapels only; not to general charitable
foundations. By the present law, the will of the donor must be binding;
but it was not to be assumed, in the case of every religious charity,
that it was founded for a particular sect, even though the donor held
the doctrine of that sect. It was said, that the bill would encourage
trustees to violate their trusts, and hand over the property for
purposes not intended by the donor. It could do no such thing.
Dissenting chapels were thus founded:—Congregations of dissenters
wishing to establish places of meeting and chapels for worship, formed
together voluntary associations, which associations subscribed funds,
purchased the land, and built the chapels. In the first instance these
chapels were vested in trustees; but he was told that so little had the
trustees to do with the arrangement or control of these chapels, that
in the great majority of cases when the original trustees died, no
fresh ones were appointed to succeed them: the congregation relying upon
possession. In this country every question of private right was decided
upon usage; twenty or thirty years’ possession prevailed against both
the crown and the church. Why then should it not be applied to the
property in dissenters’ chapels? He was told that the consequence might
be, that property now possessed by Presbyterians or other dissenters
would in the lapse of time fall into the hands of the Unitarians. How
could it be so? By the bill the usage must be that of the congregation.
Notwithstanding this explanation, the bill was strenuously opposed in
the commons by Sir Kobert Inglis, who moved that it should be read a
second time that day six months, and by other members of the house, who
looked upon it as outraging and insulting the Christian feeling of the
country. On a division the amendment of Sir Robert Inglis was negatived
by a majority of three hundred and seven against one hundred and seven.
The house then went into committee on the bill, and having made some
unimportant amendments to it; it passed and was sent up to the lords,
where it again became the subject of discussion. It was opposed in its
progress by the Bishop of London, who moved “that the amendments be
taken into consideration that day three months,” but this was negatived
by two hundred and two against forty-one, and the bill then passed.
SEES OF BANGOR AND ST. ASAPH.
During this session the Earl of Powis renewed his proposition for
repealing so much of the act of the 6th and 7th William IV. as related
to the union of the sees of St. Asaph and Bangor. In Ins speech the
noble lord laid great stress on the numerous petitions from every county
in North Wales, and from many in South Wales and England, as testifying
the unanimous feeling pervading the clergy throughout both countries
and all classes in Wales against the suppression of one of those ancient
bishoprics. On its second reading, the measure was opposed by the Duke
of Wellington and the Archbishop of Canterbury; and supported by the
Bishops of St. Davids, Lincoln, Exeter, London, and Salisbury, and the
Earls of Winchilsea and Harrowby. On a division, it was carried by
a majority of forty-nine against thirty-seven; but though the second
reading was thus carried, a difficulty arose in another quarter, which
frustrated the endeavours of the friends of North Wales to preserve the
integrity of its episcopate. On the motion for its third reading, the
Duke of Wellington announced that the bill was one which touched the
prerogative of the crown, and that he was not authorized to give her
majesty’s consent to its further progress. The manner in which the
question of the crown’s prerogative arose in this case was explained by
the lord-chancellor. His lordship remarked, that during the vacancy of
a see, the temporalities belonged to the crown; and any alterations in a
see, therefore, affected the pecuniary interests of the crown; and there
could be no doubt that where the pecuniary interests of the crown
were concerned, its consent was necessary. He doubted whether he was
authorized in putting a question affecting the royal prerogative without
the consent of her majesty; and he suggested the appointment of a
committee to search for precedents. A committee was appointed, and under
these circumstances Lord Powis announced his determination to withdraw
the bill, stating at the same time his conviction that the matter would
not rest where it was. He believed that during the whole period the
house of Hanover had been on the throne there was no precedent to be
found to sanction the present course adopted by government. There was
no measure that parliament had expressed a wish for them to consider,
in which the crown had introduced its authority to prevent the further
consideration of that measure.
MISCELLANEOUS MEASURES OF THE SESSION.
In the course of the session there were several acts passed of great
utility without any prominent discussion. One of the most important of
these was an act for the regulation of railways, which was brought in
by Mr. Gladstone, and which embodied a variety of enactments designed
to protect the public against the injurious effects of monopoly and
combination, by vesting in the government a controlling power over such
companies as should thereafter come to solicit powers from parliament,
and a right of intervention for the reduction of charges and tolls
whenever the profits of a railway should exceed the maximum of ten per
cent, on its capital. The act also contained salutary regulations
for securing economy and comfort in travelling to the poorer classes.
Another act passed contained provisions of practical importance for the
regulation of joint-stock companies. The main object of this measure
was to protect the public against fictitious and delusive schemes,
by requiring from all joint-stock companies the observance of certain
conditions for the purpose of ascertaining their real character, and
subjecting them to an efficient responsibility. There was to be a system
of registration under a proper superintendence, whereby the names and
descriptions of the projectors, and the particular nature and objects
of the undertaking were required to be enrolled at an office established
for that purpose. Upon compliance with these regulations, certain
privileges were to be accorded to the company, and some anomalies and
inconveniences heretofore existing removed. Reports were also to be
made annually to parliament by an officer to be appointed under the act,
relating to such companies as should have come within its provisions
during the year. A third Act remodelled the entire system of
turnpike-road management in South Wales, the abuses of which had given
rise to the Rebecca riots. The leading principle of this measure was the
consolidation of trusts, the debts of those existing being paid off by a
system of arbitration, to be conducted by three commissioners appointed
by government; the money required for this purpose being lent by
the treasury, and secured on the rates of the several counties. The
consolidation having been effected, all the roads in each county were
to be administered by a now executive body, consisting partly of
_ex-officio_ members, partly of magistrates, and partly of ratepayers.
A further alteration was made this session in the original poor-law
amendment act, the principal feature of which was an alteration in
the enactments of the statute of 1835, relating to the maintenance of
illegitimate children. By this alteration, a more efficient mode of
obtaining from the father a provision for his child’s maintenance was
placed in the power of the mother, by means of a proceeding in which
she herself was entitled to make the application, and not, as under the
original law, the officers of the parish: more stringent remedies were
also substituted for enforcing the remedy against the putative father
than had before existed. Towards the close of the session, repeated
discussions of an animated nature took place in both houses of
parliament, on the subject of a petition which was presented by Mr.
Thomas Duncombe, from Serafino Calderara, Joseph Mazzini, W. J. Linton,
and William Lovett, complaining that their letters had been opened at
the post-office. Mr. Duncombe, in the commons, and the Earl of Radnor
in the lords, moved for committees of inquiry, which were ultimately
appointed; and these committees made their reports during the session;
from which reports it appeared that the warrants of the secretary of
state had only been issued in peculiar emergencies; and that the cases
in which his power had been exercised formed a small annual average,
and did not amount to an invasion of private correspondence, which the
assailants of government had represented. No other result arose out of
the conflicts upon this subject than a bill introduced by Lord Radnor,
in the house of lords, for the abolition of the power complained of; but
this bill did not proceed beyond the first reading.
PROROGATION OF PARLIAMENT.
Parliament was prorogued by commission on the 5th of September. The
speech announced that her majesty had given her cordial assent to
the bill for regulating the issue of bank-notes; adverted to some
discussions which had taken place with the government of the king of the
French on events calculated to interrupt the friendly relations of the
two countries, but which danger had been averted; congratulated the
houses on the improvement which had taken place in the condition of
manufactures and commerce; and expressed high satisfaction at the spirit
of loyalty and cheerful obedience to the law manifested in all parts of
her majesty’s kingdom. The commissioners concluded:—“We are commanded
by her majesty to assure you that when you shall be called upon to
resume the discharge of your parliamentary functions, you may place
entire reliance on the cordial co-operation of her majesty in your
endeavours to improve the social condition and to promote the happiness
and contentment of her people.” Thus ended this important session—a
session signalized in the addition to the statute-book of severed
important measures, conceived in a safe and judicious spirit of reform,
well suited to the circumstances of the country and to the temper of the
age.
THE STATE OF INDIA.
The event of chief interest connected with the present year was the
recall of Lord Ellenborough, the governor-general, by the unanimous vote
of the court of directors. This subject, as noticed in a previous page,
gave rise to discussion in both houses of parliament. What were the real
motives of the directors of the East India Company in exercising their
right of recalling a governor-general, which from non-use had almost
become obsolete, and in thus acting in direct opposition to the views
and wishes of her majesty’s government have never been fully developed;
and the public have therefore been driven to conjecture on the subject.
The most probable opinion, perhaps, may be, that the directors were
offended at his evident mania for military achievements. Throughout the
whole of his administration he showed his desire of conquest; and
even when he left India he did not scruple to say, at a farewell
entertainment given him by the military society of Calcutta, that the
only regret he felt in leaving India was that of being separated from
the army; and that the most interesting period of his life was that
which he had passed in cantonments and camps. Another cause of offence
may have been derived from his proclamations, which were offensive to
good taste, and which justly exposed him to ridicule. His behaviour
towards the directors also was by no means judicious; for, although he
had bound himself to attend exclusively to their orders, he was by no
means an obedient servant. But whatever may have been the directors’
motives, Lord Ellenborough was recalled from his government, and Sir
Henry Hardinge was, at the suggestion of Sir Robert Peel, appointed his
successor; and he arrived in India in the month of July.
In Scinde nothing of importance occurred this year. The worst foe which
the British had to encounter there was the climate, owing to which a
distressing sickness prevailed among the troops. In consequence of this
several Bengal native regiments were ordered to march on Scinde; and,
although they at first refused to march, from an impression that they
were destined for foreign service, they finally marched thither, with
the exception of the thirty-fourth native infantry; and that regiment
was ignominiously broken at Meerut, in presence of all the troops at the
station.
During this year a governor-general was appointed over our recent
acquisitions in China, in the person of Mr. Davies, well-known for his
admirable work on China, and who had resided many years at Macao, as
chief superintendent under the East India Company. Mr. Davies arrived on
the 7th of May at Hong Kong, the seat of the new government; and, at the
end of July, Sir Henry Pottinger, whose mission to that empire had been
attended with such complete success, sailed for England.
PROCEEDINGS AGAINST MR. O’CONNELL.
It has been seen in the last chapter that the trial of Mr. O’Connell
and his associates for a seditious conspiracy was postponed till the
commencement of the present year. It was intended that the trial should
commence on the 15th of January; and, although the defendant sought to
obtain a postponement of it till the 1st of February, this intention
was carried out. On that day the Court of Queen’s Bench was crowded
with barristers and spectators, in the expectation that the trial would
commence. Before the jury were sworn, however, Sir Coleman O’Loghlen,
on the part of Mr. O’Connell, challenged the array, on the ground of the
irregularities in the preparation of the jury lists, stating at the same
time that the challenges of the other counsellors, or traversers,
as they were called, because they had traversed the indictment,
were identically the same, and would be handed in very shortly. The
attorney-general demurred to the challenge; on which the question
previously debated was re-argued. The judges, however allowed the
demurrer; and then the court adjourned without swearing the jury. On
the 16th, after some delay, twelve jurymen were sworn, when Mr. Napier
opened the pleadings; after which Mr. Smith, the attorney-general,
opened the case. The court adjourned at five o’clock; and next day the
hearing of evidence commenced, which continued up to the 11th day of the
trial, January 26th, on which day the case for the prosecution closed.
On the next day Mr. Shiel opened the case for the defence, as counsel
for himself and Mr. John O’Connell. In his speech he contended that Mr.
O’Connell shrank with abhorrence from the sanguinary aims imputed to
him; and bitterly complained that poems and articles in newspapers
should be brought as evidence against him, as if he were the editor of
the several journals from which that evidence had been collected. It was
like making, he said, Mr. Cobden answerable for all that appeared in the
_Chronicle_, or the _Globe_, or the _Sun_: he was accused, in fact, of
conspiracy with men who, so far from conspiring together, were rivals.
“They pay their addresses to the same mistress; but they cordially
detest each other.” How formidable, then, was this doctrine of legal
conspiracy! In 1819, when England was in a perilous condition, it was
proved that men were drilled by night near Manchester; yet an English
jury would not find Henry Hunt guilty of conspiracy. Mr. Shiel next
undertook to show that his clients’ objects were legal, and sought by
legal means; and concluded with an impassioned address to the jury on
behalf of Mr. O’Connell and all the traversers. He asked:—“Shall I,
who stretch out to you in behalf of the son the hand whose fetters the
father had struck off, live to cast my eyes upon that domicile of sorrow
in the vicinity of this great metropolis, and say, ’Tis there they
have immured the liberator of Ireland with his fondest and best beloved
child. No; it shall never be! You will not consign him to the spot to
which the attorney-general invites you to surrender him. No! When the
spring shall have come again, and the winter shall have passed—when
the spring shall have come again, it is not through the windows of this
mansion that the father of such a son, and the son of such a father,
shall look upon those green hills on which the eyes of so many a captive
have gazed so wistfully in vain; but in their own mountain home again
they shall listen to the murmurs of the great Atlantic; they shall go
forth, and inhale the freshness of the morning air together; ‘they
shall be free of mountain solitude;’ they will be encompassed with
the loftiest images of liberty upon every side; and if time shall have
stolen its suppleness from the father’s knee, or impaired the firmness
of his tread, he shall lean on the child of her that watches over him
from heaven, and shall look out from some high place, far and wide, into
the island whose greatness and whose glory shall be ever associated with
his name. In your love of justice; in your love of Ireland; in your
love of honesty and fair play, I place my confidence. I ask you for an
acquittal, not only for the sake of your country, but for your own. Upon
the day when this trial shall have been brought to a termination;
when, amidst the burst of public expectancy, in answer to the solemn
interrogatory which shall be put to you by the officer of the court, you
shall answer, ‘Not guilty,’ with what a transport shall that glorious
negative be welcomed! How will you be blessed, adored, worshipped! And
when retiring from the scene of excitement and of passion, you shall
return to your own tranquil homes, how pleasurably will you look upon
your children, in the consciousness that you will have left them a
patrimony of peace, by impressing upon the British cabinet that
some other measure beside a state prosecution is necessary for the
pacification of your country.” On the thirteenth day Mr. Moore addressed
the jury on behalf of the Reverend Mr. Tierney, and Mr. Hatchell for Mr.
Ray. On the fourteenth day Mr. Fitzgibbon spoke on behalf of Dr.
Gray, his address occupying two days. In the course of his address an
extraordinary scene took place, in consequence of a challenge which the
attorney-general had sent to Mr. Fitzgibbon to fight a duel. Of this
circumstance Mr. Fitzgibbon took every advantage. After handing the note
to the judges which contained the challenge, he said that he left him
to their lordships to answer for his conduct. Mutual recriminations
and explanations followed; but the matter resulted in Mr. Smith’s
withdrawing the note, which was allowed by the consent of all parties.
On the four following days, Messrs. Fitzgibbon, Whiteside, M’Donnah,
and Henn, successively addressed the court for different clients. On the
nineteenth day, Mr. O’Connell commenced his defence. He began by showing
that he had a right to demand from the jury a favourable verdict; after
which he came to the consideration of the case itself; in doing which he
retraced, with more or less of variety, arguments already employed. In
referring to the indictment, he said that it was the history of the last
nine months; and that he defied the most brilliant imagination to grasp
the monstrous accumulation of matter. Its entire strength rested on the
meaning of that cabalistic word, “conspiracy.” He continued:—“If, my
lords, I look into the dictionary for the meaning of that word, I find
that it is ‘a secret agreement between several to commit a crime;’ and
that is the rational, common-sense definition of it. This word,
however, in recent times, has been taken under special protection by the
government; and the definition of it now is, not only a secret agreement
between several to commit crime, but they have taken two loops to their
bow, and the further depiction given of it is, to effect, or
attempt to effect, a legal object by means that are considered illegal;
and thus a conspiracy is spelt out by the construction put upon the
means that are used to attain the object sought, however legitimate that
object may be. It has been admitted even by the crown, that in this case
there is no privacy, no secresy, no definite agreement to do anything
whatsoever; but, above all, no secret agreement, no secret society, no
private information. It has been admitted by the crown that there has
not been even one act of private communication; that everything was
openly avowed, published to the world; that this ‘secret conspiracy’
had no secrecy at all. What a monstrous thing it would be to hold that
that was a conspiracy which everybody knew of, everybody heard of, and
three-fifths of the people of this country were engaged in. And what
was the evidence of those conspirators assembling together? That Mr.
Such-a-one attended at such a meeting; that Mr. Barret attended at a
certain meeting; and that Mr. Duffy attended once or twice; that I.
myself attended; and this is the way the charge of conspiracy is to
be spelt out. Is it common sense that that should be denominated a
conspiracy? Conspiracy! where was it made? when was it made? how was it
made? Was it made in winter, or in summer? in spring or in autumn? Was
it made on a holiday, or on a Sunday, or on a week day? Tell me the
hour, the week, the month, the year it was made? In which of the three
quarters of the twelve months did the gestation of this conspiracy
commence? Who proposed it? Who seconded it? Who was present at it? I
don’t know whether it was said that I was present at the concoction of
this conspiracy, or this agreement, private or public, or who else was
there. When and where did it take place? Ought I not, at all events, to
have the advantage of being-able to prove an alibi? No; but you must go
over nine months, and toss up which time or place you may select. Do you
not believe that if there was a conspiracy it would be proved, and that
the only reason it was not proved, is, because it did not exist? The
attorney-general told you it did exist; that it must have existed: but
that is all imaginary; and you are called upon to find me ‘guilty’ if
you imagine that this agreement was entered into. I don’t want to speak
of the talents of the attorney-general. I admit the ingenuity, the
talent, and the industry with which he conducted this case. He was
eleven hours, eleven mortal hours detailing the facts to you. What did
he tell you the conspiracy consisted of? He made a long statement, and
when he came to the end, he told you to go back to the beginning, find
out the conspiracy, and what it consisted of. I say, gentlemen of the
jury, without tire least affectation, if any gentleman could have
found out evidence of a conspiracy, it would have been found by the
attorney-general.” Mr. O’Connell proceeded at great length to defend the
means of his agitation, and then proceeded to vindicate its object—the
repeal of the union. On the latter subject he remarked:—“I mean first
to demonstrate that the English Parliament has, from the remotest
period at which she possessed the power, governed Ireland with a narrow,
jealous, restrictive, and oppressive policy. By way of parenthesis,
I would first beg of you to recollect the history of the woollen
manufactures of Ireland, in the reign of a monarch whom you are not
disposed to condemn. I shall next demonstrate in succession, that the
transactions of 1782 were intended to be a final adjustment, and that
it was then intended and agreed that the Irish parliament, after having
achieved its independence, should maintain it, and that the union was
forced upon the Irish people against their consent, by the most criminal
means. I shall next show you in detail the many evils that resulted from
the union, and the gross injustice of the enactment of that statute. I
shall show you the increasing distress and destitution which have
arisen from that statute; and that there is no probability of restoring
prosperity to this country, or of avoiding ultimate separation from
England, save by the restoration of her parliament.” In support of these
propositions, Mr. O’Connell read extracts from the writings and speeches
of various statesmen, both native and foreign. In conclusion he said to
the jury:—“I leave the case in your hands. I deny I have done anything
to stain me. I reject with contempt the appellation of conspirator. I
have acted boldly, in the open day, in the presence of the magistracy:
there lias been nothing secret or concealed. I have struggled for
the restoration of the parliament of my native country. Others have
succeeded before me; but, succeed or fail, it is a struggle to make the
fairest land in the world possess those benefits which nature intended
she should enjoy.” On the next day some evidence was gone into on behalf
of the defendants, in the course of which it was proved that on the 16th
of July, when an arch was erected bearing the inscription, “Ireland,
her parliament, or the world in a blaze,” Mr. O’Connell expressed
disapprobation of it, and Mr. Steele stood by to see that it was taken
down before the people were fully assembled. The next two days were
chiefly occupied by the solicitor-general’s reply, which recapitulated
the principal points of the evidence, and stated its bearings upon the
different charges laid in the indictment. After he had concluded,
the lord-chief-justice commenced the charge: in doing which he first
explained the nature of the indictment, and of the single offence with
which the traversers were charged, “conspiracy;” then explained the law
of public discussion and public meeting; next proceeded to consider
the evidence that had been given; then commented on the large funds
collected in Ireland, England, Scotland, and America, towards the
“exchequer” of the association; and finally, alluding to the scheme
for bringing into disrepute the courts of justice as established by law
through the arbitration courts, showed in what maimer the conspiracy
was to be inferred. He asked:—“Have you or have you not Dr. Gray coming
forward and telling the assembled multitude that the time was coming
when they would be taken out of the hands of those petty tyrants who at
present preside in their courts of justice? Have you or have you not Mr.
O’Coimell himself adverting to the same system at the Clifden and other
subsequent meetings; recommending the appointment of arbitration courts,
and the placing thereon the magistrates who had been dismissed? And have
you or have you not Mr. John O’Coimell making a speech recommending the
same systems, and appearing himself to act under the appointment of the
repeal association, in presiding over an arbitration court established
in Blackrock?” The jury retired about half-past seven o’clock, and the
judges withdrew. Later in the evening, Mr. Justice Crampton returned,
and remained in court to await the return of the jury. They brought in
a verdict of “guilty” against all the traversers on various counts; but
stated “no finding” upon others, deeming them too comprehensive. This
verdict was handed back by Mr. Justice Crampton, saying, that it was
imperfect: they must find a verdict of “guilty” or “not guilty” upon
every part and every person. Finally, they were ordered to be locked
up till Monday, on which day they were summoned, and an issue paper was
given them, which set forth the five several issues in the indictment
in a distinct shape, against which they were directed to write their
finding. This was done, and all the prisoners were found guilty on one
or other of the counts, and some of them, including Mr. O’Coimell,
on them all, Sentence was pronounced on the 30th of May against the
traversers, with the exception of the Reverend Mr. Tierney, against whom
the attorney-general did not press judgment, by Mr. Justice Burton in
these terms:—“With respect to the principal traverser, the court is
of opinion that he must be sentenced to be imprisoned for the space of
twelve calendar months; and that he is further to be fined in the sum of
£2000, and bound in his own recognizances in the sum of £5000, and two
sureties in £2500, to keep the peace for seven years. With respect to
the other traversers, we have come to the conclusion that to each shall
be allotted the same sentence: which is, that they be imprisoned for the
space of nine calendar months, each of them to pay £50 fine, and enter
into their own recognizances of £1000, and two sureties of £500, to
keep the peace for seven years.” In accordance with this sentence the
traversers were imprisoned: but in consequence of the sympathy, real
or supposed, which they met with in the English parliament, their full
sentence was not carried into execution. On the 9th of August, Messrs.
Shiel, Wyse, Lord John Russell, and others, called upon government to
release them from imprisonment; and the result of this appeal was,
that on the 4th of September, the judgment of the house of lords
was pronounced, reversing the judgment of Mr. O’Connell and his
co-defendants. The prisoners were freed from confinement; but the result
of the trial was, that the virulence of the agitation for repeal abated.
CONTINENTAL AFFAIRS.
France this year was engaged in a war with the Emperor of Morocco, over
whose forces the French troops triumphed on the banks of the river Isly
on the 14th of August. The result of this battle was a treaty between
the two countries, in which the Emperor of Morocco engaged to prevent
troops from assembling on his frontiers for the invasion of Algeria.
During the autumn, Louis Philippe and the Emperor of Russia paid a visit
to Queen Victoria, and stayed a few days in England, where they were
treated with all due honours. In Spain the civil war which had so long
convulsed the nation was ended; but it was succeeded by a state of
doubtful tranquillity, and isolated insurrections broke out in various
parts of the country, which were only put down by force of arms. The
same fate awaited Portugal: there was a revolt of troops at Torres
Novas, headed by Count Bomfin; but the rebels having shut themselves up
in Almeida, that place was invested with government troops, and finally
surrendered, the leader of the insurrection taking refuge in flight.
In Greece the most important event was the framing of a constitutional
charter by the National Assembly, consisting of one hundred and seven
articles, which was signed and ratified, after some hesitation, by
King Otho. During this year the King of Prussia narrowly escaped
assassination at Ischl by the Burgomaster Tschech, who fired two shots
from a double-barrelled pistol in quick succession against the carriage.
In the early part of the year a conference took place at Vienna of
plenipotentiaries from the different German states to frame measures to
secure themselves by all the means in their power against the slightest
change in the existing order of things, which at this time were
threatened by a formidable parly, in the different states hostile to all
authority. In Sweden this j’ear witnessed the death of Bernadotte,
the king of that country, the most permanently successful of all the
generals who took part in the French revolution. Although of obscure
birth and a foreigner, he was called upon to wear the crown of Sweden
by the unanimous voice of the nation; and he so identified himself with
their interests, that he reigned in peace and died universally beloved
by his subjects. In Switzerland disturbances took place this year in the
Valais and at Lucerne: but order and tranquillity were quickly restored
by the federal troops of that country.
CHAPTER LVI.
{VICTORIA. 1845–1846}
Meeting of Parliament..... Finance and Commercial
Policy..... Retention of the Income Tax, &c. The Sugar
Duties Question..... Corn Laws and Free Trade..... The
Affairs of Ireland..... Maynooth Improvement Bill, &c.
Academical Education in Ireland..... Colonial Policy.....
Question of the Oregon Territory..... Miscellaneous
Measures of the Session..... Prorogation of
Parliament..... The Affairs of India..... The State of the
Continent.
MEETING OF PARLIAMENT.
{A.D. 1845}
Parliament was opened by the queen in person on the 4th of February. The
speech first referred to the prosperous state of trade and commerce; to
the royal visits made to her majesty by the Emperor of Russia and the
King of France; to the estimates for the ensuing year; and to the peace
which at this time prevailed in Ireland. Her majesty continued:—“I
recommend to your favourable consideration the policy of improving and
extending the opportunities of academical education in Ireland. The
report of the commission appointed to inquire into the law and practice
in respect to the occupation of land is nearly prepared, and shall be
communicated to you immediately after its presentation. The state of
the law in regard to the privileges of the Bank of Ireland, and to other
banking establishments in that country, and in Scotland, will no doubt
occupy your attention. The health of the inhabitants of large towns
and populous districts in this part of the United Kingdom has been the
subject of recent inquiry before a commission, the report of which shall
be immediately kid before you. It will be highly gratifying to me if the
information and suggestions contained in that report shall enable you
to devise the means of promoting the health and comfort of the poorer
classes of my subjects. I congratulate you on the success of the
measures which three years since were adopted by parliament for the
purpose of supplying the deficiency in the public revenue, and arresting
the accumulation of debt in the time of peace. The act which was passed
at that time for imposing a tax upon income will shortly expire. It will
be for you to determine whether it may not be expedient to continue
its operation for a further period, and thus to obtain the means of
adequately providing for the public service, and at the same time of
making a reduction in other taxations. Whatever may be the result of
your deliberations in this respect, I feel assured that it will be your
determination to maintain an amount of revenue amply sufficient to meet
the necessary expenditure of the country, and firmly to uphold that
public credit which is indispensable to the national welfare. The
prospect of continued peace, and the general state of domestic
prosperity and tranquillity, afford a favourable opportunity for the
consideration of the matters to which I have directed your attention;
and I commit them to your deliberation, with the earnest prayer that you
may be enabled, under the superintending care and protection of Divine
Providence, to strengthen the feelings of mutual confidence and goodwill
between different classes of my subjects, and to improve the condition
of my people.”
FINANCIAL AND COMMERCIAL POLICY—RETENTION OF THE INCOME-TAX, ETC.
The great scheme of commercial reform alluded to in her majesty’s speech
at the opening of the session was brought forward by Sir Robert Peel,
in a committee of ways and means, on the 14th of February. The right
honourable baronet commenced by saying that though he had considerable
experience in the discharge of official duties, and though he had often
addressed the house on matters of great public concern, he could not
approach the subject on which he had then to address the committee
without great anxiety, and a deep consciousness how inadequate and
imperfect the explanation would be which he should endeavour to place
before it. After the declaration made in her majesty’s speech, that
it was the intention of ministers to propose the continuance of the
income-tax for a certain number of years; he had no other alternative
than to submit to the house the general views which the government took
of the financial condition and the commercial policy of the country. In
explaining their views, after referring to the estimate of the probable
revenue and expenditure made by the chancellor of the exchequer in
April, 1844, and, after showing that the surplus revenue, on which
he had calculated for the whole year had been greatly exceeded by
the actual amount of revenue received on the 5th of January, 1845,
he proceeded to estimate the surplus revenue which would be in the
exchequer on the 5th of April in the present year, at a sum not less
than £5,000,000. He next submitted to the house an estimate of the
probable receipt of the revenue for the year ending the 5th of
April, 1846, on the assumption that the house would not sanction the
income-tax. He calculated that the receipts up to that period would be
£51,000,000, and the expenditure £48,557,000; but if they deducted from
this surplus the revenue derived from half a year’s income-tax, which
would become due in the interim, and from the payment of the instalment
from China, there would then be a small deficiency in the revenue as
compared with the expenditure of the year. The question then arose,
whether ministers were justified in demanding, under such circumstances,
an increased expenditure on account of the public service. He was
satisfied that they were justified. He did not propose an increase
in the army, but he could not consent to its diminution. The military
estimate for the present year would be £6,600,000; and there were
reasons which induced him to propose an increased estimate for the navy;
namely, the growing necessity for a further protection to our commerce
in every part of the globe, and in the establishment of three new naval
stations—one on the coast of Africa, another in the Pacific, and
a third in the Chinese seas. He should propose an increase of four
thousand men, which would cost £184,000; and in respect of the vote for
the navy, and tire ordnance connected with the navy, there would be in
the votes of this year an increase of nearly one million. He thought the
revenues of the next year would meet this increased expenditure, even
if the house would not consent to continue the income-tax. It was quite
clear, however, that if it did not continue the income tax, there would
be a decrease of revenue in the following year. The question, therefore,
which he must put to the committee was, whether they would run the risk
of deficiency by making no provision to meet it, or whether they would
postpone the consideration of the deficiency till the year 1846. But
ministers were induced to propose the continuance of the property-tax
for a further period. If the committee sanctioned it, the revenue on
the 5th of April, 1846, would amount to £53,700,000; and so long as the
other sources of revenue were productive, might be calculated at that
sum, deducting only a sum of £600,000 from China, which would only
be receivable for one year more. He would take the amount then at
£53,100,000, and deducting £49,000,000, the estimated expenditure, from
that sum there would be a net surplus of £4,100,000, or if the committee
acquiesced in the increased naval estimates, £3,409,000. Sir Robert Peel
next approached the most important question of all; namely, the mode in
which this surplus was to be applied to the relief of taxation. If
the property-tax were continued, ministers intended to make a great
experiment with respect to taxation; and in explaining their views Sir
Robert Peel said that he would first take the customs, and submit to
the house a proposition with respect to the duty on sugar. On brown
Muscovado sugar, which now paid a duty of 25s. 3d., he proposed to
reduce the duty to 14s.; on free-labour sugar he proposed that the
protecting duty should not exceed 9s. 4d., and therefore the duty would
be 23s. 2d.; on British plantation sugars he proposed that the duty
should be 16s. 4d., instead of 25s. 3d.; that the duty on sugar imported
from India should be 21s. 9d.; and that the duty on free-labour
foreign sugar should be 21s. 9d.—thus retaining the whole amount of
discriminating duty which was imposed last year, but applying that
discriminating duty in a different manner; giving 9s. 4d. as a
protection on Muscovado sugar, and an increased protection of lis. 4d.
on the more valuable and costly article. Sir Robert Peel said that he
proposed to reduce the duty on molasses; and after giving an estimate
of the supply of sugar which he considered likely to come from our
possessions this year, stated that the effect which would be produced on
the price of sugar by this reduction in the duty would be a reduction of
three halfpence per pound. The estimated loss to the revenue from this
source would be £1,300,000. Sir Robert Peel next proceeded to state
that in the tariff of 1842 he had abolished generally the duty on all
exports, with the exception of some few articles: he now proposed to
abolish the duty on all articles. By this plan the export duty on coal
would cease to exist, which would be a loss to the revenue of £120,000.
He next proceeded to a consideration of the duties on raw materials used
in manufactures: the tariff included eight hundred and thirteen such
articles, and he proposed to remove the duties applicable to four
hundred and thirty of them; which would occasion a loss to the revenue
of about £320,000. He next stated that he was prepared to abolish the
duty on cotton-wool, which would cause a loss to the revenue of not
less than £680,000. These were all the alterations he proposed in
the customs; and the right honourable baronet next proceeded to the
excise-duties. Among the duties which he proposed to to repeal was the
auction-duty on the transfer of property. He likewise proposed that
auctioneers, instead of taking out several licences, at an expense of
five pounds each, for selling different articles, should take out one
general licence only, at fifteen pounds each; and as the number of
auctioneers was 4000, this would produce a revenue of £60,000. Sir
Robert Peel next stated that he proposed to relieve the article of glass
from all duty, the loss of revenue arising from which would be £642,000.
This was the whole of the articles, he said, on which he proposed a
remission of taxation; and the total immediate loss which the revenue
would sustain by their repeal or abolition, would amount to £3,338,000,
which would nearly absorb the surplus of £3,409,000. He confessed that
this was a bold experiment; but, responsible as he was to parliament
for its success, he was not afraid to ran the risk of making it. He
then proposed to the committee to continue the income-tax for a further
limited period of three years; because he had a confident persuasion
that the reduction in the price of articles of great importance would
be, if not a complete, yet a great compensation for its burden. He would
not say that it might not be wiser to give a longer time than three
years for testing this experiment; but he thought that parliament ought
to have a control over the duration of such a tax. Sir Robert Peel
concluded by expressing a hope that the house would be prepared to
decide on the principle of his resolutions on the following Monday, the
17th, and after several members had made some brief remarks on isolated
parts of the plan, most of them expressive of satisfaction with it, he
moved that the chairman report progress; and gave notice that on
the following Monday he would move—“That it is the opinion of the
committee, that, towards raising the supply to her majesty, the
respective duties on property, professions, trades, and offices, and the
stamp duties in Ireland, granted by two several acts passed in the fifth
year of her present majesty, be continued and further granted to
her majesty for a time to be limited.” This resolution was read in a
committee of ways and means on Monday, the 17th of February, after which
Lord John Russel addressed the committee, factiously opposing the scheme
of the premier, without offering any sound practical suggestion, or
propounding any principle. Several amendments were moved by various
members; but they were all negatived, and the bill passed through
committee. A discussion of considerable length was renewed on the 10th
of March, by Mr. Charles Duller, but the bill was read a third time and
passed.
In the house of lords the principal discussion on the income-tax took
place on the 4th of April, when the third reading of the bill was moved
by the Earl of Ripon. The bill was read a third time and passed.
THE SUGAR-DUTIES QUESTION.
On the 24th of February, the house of commons having resolved itself
into a committee of ways and means, Mr. Gibson, with a view of obtaining
a permanent arrangement of the sugar-duties, moved, as an amendment
upon the resolution of Sir Robert Peel, a resolution stating that no
arrangement of these duties would be satisfactory and permanent, which
did not involve an equalization of duty on foreign and colonial sugar.
In support of this resolution Mr. Gibson called the attention of the
house to a plain matter of justice in taxation, and asserted that it was
not consistent with the fair performance of their functions, when
they were resolving themselves into a committee of ways and means to
consider of a supply to her majesty, in order to enable her to meet
the expenditure of the country, to levy another tax, which was not paid
either to the crown or to the exchequer, but to a class of men who had
not made good their claim to any compensation fora grievance inflicted
on them. The protection afforded to the West India proprietors, he said,
was not for revenue, for it defrauded revenue; not for the protection
of the producer, for his produce had not been increased; not for the
benefit of the exporter at home, for the export to those colonies were
stationary; and not to be defended on the score of consistency, since
Sir Robert Peel was going to admit cotton, the produce of the East
Indies and the United States of America, on the same terms. The motion
was seconded by Mr. Ewart, and supported by Lord Howick, and Messrs.
Ricardo, Cobden, Villiers, Miles, and Bright. On the other hand, it was
opposed by Sir George Clerk, and Messrs. James, Gladstone, Labouchere,
and Goulburn. On a division it was rejected by a majority of two hundred
and seventeen against eighty-four. Subsequently several amendments were
moved, but without success, with the exception of one proposed by Mr.
Hawes; namely, to the effect—“that provision be made in the bill for
the drawback of the amount of the duty reduced on such duty-paid sugar
as now remains in the queen’s warehouses.” This amendment was at first
resisted by Mr. Goulburn; but finding that the house was in favour of
it, Sir Robert Peel consented to make arrangements, not to return the
whole duty, but to make compensation for the loss. On this understanding
Mr. Hawes withdrew his amendment, and the bill passed through committee.
Various discussions took place, during the progress of the hill, upon
the other parts of the ministerial tariff, but they were all affirmed,
and the bill then passed. Its progress through the upper house was
speedily effected.
CORN-LAWS AND FREE TRADE.
This long-agitated and great question formed a prominent subject of
debate during this session. The first occasion which led to a general
discussion of the policy of the protective laws as regards agriculture,
was furnished by a motion made by Mr. Cobden, on the 13th March, “for
a select committee to inquire into the causes and extent of the alleged
existing agricultural distress, and into the effects of legislative
protection upon the interests of landowners, tenant-farmers, and
farm-labourers.” In support of this motion Mr. Cobden endeavoured to
prove the existence of distress among the farmers; asserting that half
of them were in a state of insolvency, and that the other half were
paying rents out of their capital, and were fast hastening to the same
melancholy condition. Mr. Cobden next contended that there was a want
of security in tenure, and that this fact not only prevented the
application of capital, but that it also kept the land in a bad state of
cultivation. The farmer without a lease was afraid that if he made any
improvement in his farm, he should be called upon to pay a higher
rent; and he proved this fact by reference to the language used by many
distinguished members of agricultural associations. He asked why land
should not be let on the same condition as manufactories, which were
let with a schedule of the state of the manufactory; and when the tenant
left them he was bound to make compensation for any damage which it
might have suffered. Having advocated the plan of leasing farms at great
length, Mr. Cobden proceeded to contend that a free trade in corn would
be more beneficial to the farmers and to the labourers than to any other
class of the community. He had thought so before the new tariff; and
he contended so now with tenfold confidence. He then described the
lamentable condition of the agricultural peasantry; and asked the
landlords, after they had brought their labourers to such a melancholy
state, whether they could have anything to fear from risking this
inquiry? What had government done for them in their financial scheme?
Nothing that was calculated, if he had heard aright, to benefit the
agricultural population. Well, then, what would they do? Protection had
been a failure when it reached a prohibitory duty of 80s. a quarter; it
had been a failure when it reached the pivot price of 60s.; and it was a
failure now when they had got a sliding-scale; for they had admitted the
lamentable condition of their tenantry and peasantry. Let them accede,
then, to his proposition for a committee, and he would pledge himself to
explode the fallacy of agricultural protection, and to put an end to the
present system within two years from the publication of its report. Mr.
S. Herbert, secretary at war, announced that government would meet Mr.
Cobden’s motion with a direct negative. On a division the motion was
negatived by a majority of two hundred and thirteen against one hundred
and twenty-one.
On the 3rd of June Mr. Ward resumed his exertions to obtain a select
committee to inquire into the existence of the peculiar burdens and
exemptions of the landed interests. Taking advantage of an admission
contained in a speech of Sir James Graham, that during the last twelve
months pauperism had diminished, and trade and commerce had improved in
the country because the price of wheat was low, Mr. Ward said that he
was not going to underrate the benefit produced by an abundant harvest,
but he believed that still greater benefit had been effected by the
liberal policy of government. The idea that there were any peculiar
burdens on the land, was a fallacy peculiar to English gentlemen
brought up in the school of the corn-laws. He denied that the land-tax,
poor-rates, tithes, county-rates, highway-rates, the malt-tax, and
similar impositions, were peculiar burdens on land; but if they were,
he contended that there were to be set against them the exemptions
enjoyed by the land in not being liable to the legacy and probate duty,
and in the cultivation of it being relieved from the horse-tax, from the
tax on husbandry servants if employed for domestic services, and various
other taxes. Mr. Ward moved for a select committee of inquiry into this
subject; and his motion was supported by Dr. Bowring, and Messrs. Cobden
and Vernon Smith. Sir John Tyrell opposed it, as did also Messrs. Sidney
Herbert and Newdegate. On a division it was rejected by a majority of
one hundred and eighty-two against one hundred and nine.
The subject of the corn-laws was taken into more complete consideration
on the 26th of May, when, pursuant to notice, Lord John Russell moved
the following resolutions:—“That the present state of political
tranquillity, and the recent revival of trade, afford to this house
a favourable opportunity to consider of such measures as may tend
permanently to improve the condition of the labouring classes. That
those laws which impose duties, usually called protective, tend to
impair the efficiency of labour, to restrict the free interchange of
commodities, and to impose on the people unnecessary taxation. That the
present corn-law tends to check improvements in agriculture, produces
uncertainty in all farming speculations, and holds out to the owners
and occupiers of land prospects of special advantage which it fails to
secure. That this house will take the said laws into consideration,
with a view to such cautious and deliberate arrangements as may be most
beneficial to all classes of her majesty’s subjects. That the freedom of
industry would be promoted by a careful revision of the law of parochial
settlement which now prevails in England and Wales. That a systematic
plan of colonization would partially relieve those districts of the
country where the deficiency of employment Iras been most injurious to
the labourers in husbandry. That the improvements made of late years
in the education of the people, as well as its more general diffusion,
have been seen with satisfaction by this house. That this house will
be ready to give its support to measures founded on liberal and
comprehensive principles, which may be conducive to the further
extension of religious and moral instruction. That a humble address be
presented to her majesty to lay the foregoing resolutions before her
majesty.” In support of these resolutions, Lord John Russell made a long
and comprehensive speech, embracing the several topics to which they
had reference. Adverting to the corn-laws, he said, that experience had
shown that the present system was founded in error, and produced the
very evil against which it was intended to guard. The graduated scale
was a complete failure, and equally injurious to the purchaser and
consumer. It was contrary to all true commercial principles, and
was perfectly ruinous to the farmer. It also tended to check all
improvements in agriculture, and to render the cultivator of the soil
careless as to the system of cultivation which he pursued. Mr. Sharman
Crawford moved as an amendment that the following words be inserted
after the word “opportunity,” in the first clause:—“To give immediate
attention to the claims, so repeatedly urged in the petitions of the
people, for the extension of the parliamentary suffrage, as well as—.”
Sir James Graham, in reply, said that he agreed to the first resolution
moved by Lord John Russell, but not to the rest; and, therefore,
he moved the previous question. The house divided on Mr. Crawford’s
amendment, which was negatived by a majority of two hundred and
fifty-three against thirty-three. Sir James Graham then moved the
previous question, which was carried by a majority of one hundred and
eighty-two against one hundred and four.
Mr. C. Villiers, according to his annual custom, on the 10th of June
submitted to the house of commons a motion for the appointment of
a committee of the whole house for the purpose of considering his
resolutions for the abolition of all restrictions on the importation of
foreign corn. On a division, the motion was negatived by a majority of
two hundred and fifty-four against one hundred and thirty-two.
AFFAIRS OF IRELAND—MAYNOOTH IMPROVEMENT BILL.
On the 3rd of April, Sir Robert Peel brought in a measure for improving
and increasing the grant to the college of Maynooth. The intention of
the premier had been made known before, and a large number of petitions
were on that evening presented against any such grant; in reference
to which Sir Robert Peel said that he had given timely notice of his
intention to consider the case of Maynooth in a friendly spirit; and
therefore he was not unprepared for the demonstration which had
been made, and which no doubt proceeded from persons actuated by
conscientious scruples. In continuation, he observed, that it appeared
to the ministers there were three courses which they might pursue:—to
continue the present system, and grant without alteration; to
discontinue the vote altogether, and to repudiate all connexion with
Maynooth; or liberally to adopt, improve, and extend the institution
provided for the education of the Roman Catholic priesthood. He
proceeded to discuss these three courses in succession; and after
showing that they could not conscientiously adopt the two first, he
said:—“There remains, therefore, but one other course, and that is the
course we are prepared to take. We are prepared, in a liberal sense and
confiding spirit, to improve that institution, and to elevate the tone
of education there. Will you not take that course?” Sir Robert Peel
then stated the proposals of government to the house. The trustees of
Maynooth college, he said, could purchase land to the extent of £1,000
per annum; but they could not receive it on any other terms than for the
lives of the trustees; he proposed to incorporate the trustees by the
title of “the trustees of Maynooth college;” and to enable them to hold
real property to the amount of £3,000 per annum, should members of
the Roman Catholic faith be desirous to contribute to the college so
incorporated. The stipend of each professor did not now exceed £120
per annum; instead of defining what should be the amount paid to each
professor, he proposed to allot to the trustees a certain sum, which
should be placed at their discretion for the payment of salaries. The
sum would admit of a payment of £600 or £700 per annum to the president
of the college; of £260 or £270 to the professors of theology; and of
£220 or £230 to the other professors. A sum not exceeding £6,000 would
be allotted to the trustees for making provision for the officers of
that institution. At present there were about four hundred and thirty
students in the college, divided into three classes: the twenty
Dumboyne students, the three senior classes, and the four junior
classes. It was proposed to allot £40 per annum to each of the Dumboyne
students: and to make provision on the whole for five hundred free
students; that there should be two hundred and fifty students in the
four junior classes, and two hundred and fifty in the three senior
classes, these being divinity students. For the maintenance of each
of these students, it was proposed that a sum should be placed at the
disposal of the trustees of £28 on the average. It was further proposed
that to each of the students in the three senior classes, £20 per annum
should be allowed for their own personal expenses. The sum required
for the students would be £14,560; the total sum for the establishment,
£26,360. It was further proposed that the college should be made, in
appearance and in fact, worthy of an institution of the kind; and that
proper provision should be made for the accommodation of the presidents
and professors; and for every purpose ministers asked for a vote, not
annual, of £30,000. Sir Robert Peel further stated, that it was proposed
the board of works should undertake the repairs of the college, as they
did of the other public buildings, in order that they might be conducted
with the greatest economy; and that the expenses of the repairs should
be an annual vote, included in the annual estimates for the board
of works, as in other cases. Instead of the present _ex-officio_
ministers—the lord-chancellor and the judges—it was further proposed
that the crown should appoint five visitors, who were to visit the
college once a year, and as often as the lord-lieutenant might direct.
These visitors were not to interfere with any matters relating to the
doctrine and discipline of the church of Rome; but for those objects
three more visitors would be elected by the other five, as at present
to be members of the Roman Catholic church. Such, Sir Robert Peel
continued, was an outline of the measure. It had not been the subject of
any stipulation with the authorities of the Roman Catholic church: but
the ministers had intimated their intentions to these dignitaries; and
they had every reason to believe they were satisfied with, and grateful
for, the measure. He added, in conclusion:—“We do not think that there
is any violation of conscientious scruples involved in our proposition.
We believe that it is perfectly compatible to hold steadfast the
profession of our faith without wavering, and at the same time to
improve the education, and to elevate the character of those who, do
what you will—pass this measure or refuse it—must be the spiritual
guides and religious instructors of millions of your fellow-countrymen.”
Sir Robert Inglis met the motion for leave to bring in this bill by a
direct negative. Messrs. Law, Bruce, Grogan, and others, followed with
similar expressions of sentiment. Mr. Plumptre especially expressed
in strong terms his repugnance to the proposal on religious grounds;
avowing, as the basis of his objections, the belief that the Roman
Catholic religion was idolatrous. On the side of the liberal, all were
in favour of the motion, except Mr. T. Duncombe, who expressed himself
averse to all religious establishments supported out of the public
revenue. Some on the conservative side, as Lords Francis Egerton and
Sandon, and Mr. J. S. Wortley, spoke in favour of the measure. Several
of the Irish members anticipated a great improvement in the Roman
Catholic priesthood, and Lord John Russell, while he supported the
motion, expressed a hope that it was the commencement of a series of
measures which would unite the two countries in an enduring bond. On
a division, the motion for leave to bring in the bill was carried by
a large majority; but the measure, though destined to become law, was
subsequently most strenuously opposed, both in and out of parliament.
Those who were ardently attached to the vital principles of
Protestantism felt an apprehension that the endowment of the Roman
Catholic hierarchy in Ireland, and the rapid downfall of the established
church in that country, if not in England also, was involved in such a
measure; and their zeal being thus awakened, no exertions were spared
to frustrate the plans of government. On the second reading of the
bill being moved on the 11th of April, the measure was opposed by Mr.
Colquhoun. Mr. Colquhoun concluded by moving that the bill be read a
second time that day six months. Mr. Grogan followed on the same side;
and the Earl of Arundel and Mr. Gladstone supported the measure: the
latter stating that he did so in opposition to the prevailing opinion,
and to his own deeply cherished prepossessions. Mr. D’Israeli said that
Sir Robert Peel had declared there were three courses open to him. “In
a certain sense, and looking to his own position, he is right: there is
the course the right honourable gentleman has left; there is the course
that the right honourable gentleman is following; and there is usually
the course which the right honourable gentleman ought to pursue.
Perhaps, sir, I ought to say that there is a fourth course; because
it is possible for the house of commons to adopt one of those courses
indicated by the right honourable gentleman, and then having voted for
it, to rescind it.” Mr. D’Israeli proceeded to complain of the course
pursued by Sir R. Peel towards his supporters, in which he indulged in
private personalities, which was strongly condemned by Mr. Roebuck, who
described his speech as being poor in execution as it was malicious in
motive. Mr. Roebuck proceeded to defend the measure; and he was followed
by Messrs. Fox Maule and Stafford O’Brien, both of whom opposed it. Mr.
Macauley considered it merely a matter of pounds, shillings, and pence:
it was not a question of principle, but purely a question between £9000
and £26,000. Mr. Shaw energetically opposed the endowment; and Lord
Lincoln and Mr. Sidney Herbert supported it. Mr. Byng, the venerable
member for Middlesex, also declared himself in favour of the measure;
and Lord Ashley and G. A. Hamilton opposed it; Lord Ashley had never
known a measure more important for good or evil, not even excepting the
Roman Catholic relief bill. His lordship contended that the proposal of
government amounted to almost a declaration, that, as far as the power
of enactments and statutes extended, the Roman Catholic religion should
never cease to be the religion of Ireland. But while Lord Ashley opposed
the measure, he disclaimed being actuated by any feeling of hostility
towards the people of Ireland. If he thought, indeed, that this
concession would really content the people of Ireland, he would pause
before he came to a decision in the matter. The bill was further
supported by the Chancellor of the Exchequer, Lords John Manners and
Russell, Sirs George Grey and James Graham, and Messrs. Cobden, Smyth,
and Shiel. On the other hand it was opposed by Messrs. Bright, dimming,
Bruce, Blackstone, Ferrand, Sharman Crawford, T. Duncombe, Muntz, and
Law. The debate was closed by Sirs Robert Inglis and Robert Peel; the
former against, and the latter for the measure. On a division the second
reading was carried by a majority of three hundred and twenty-three
against one hundred and seventy-six. The battle, however, was not yet
ended. On the order of the day being read for going into committee, Mr.
Ward moved the following resolution as an amendment:—“That it is the
opinion of this house, that any provision to be made for the purposes of
the present bill, ought to be taken from the funds already applicable
to ecclesiastical purposes in Ireland.” A long debate ensued on this
motion, which was continued for two nights; but on a division it was
negatived by a majority of three hundred and twenty-two against one
hundred and forty-eight. On the 25th a resolution, authorising a grant
of £30,000 for improving Maynooth college, and for the payment of
the amount requisite for salaries and other expenses, out of the
consolidated fund, was passed by the house; but on the motion for
bringing up the report, opposition to the measure was renewed by Mr.
Law, who moved as an amendment that it be brought up on that day
six months. Another lengthened debate took place, but the motion was
negatived by one hundred and twenty-eight against fifty-two; and several
other amendments, subsequently moved by Mr. Hindley and other members,
were rejected by large majorities. The whole question was reopened
on the motion for the third reading, and a discussion commenced which
continued for three nights; but the third reading was carried by
a majority of three hundred and seventeen against one hundred and
eighty-four. The last attempt to defeat the measure was a motion by Mr.
T. Duncombe, on the question, “That the bill do now pass,” proposing a
clause to limit its operation to three years. This was objected to by
Sir Robert Peel, and the proposal was negatived by a large majority,
after which the bill was passed.
The second reading was moved by the Duke of Wellington in the house of
lords, on the second of June. Lord Roden had given notice of intention
to move, as an amendment, for a select committee to inquire into the
character of the education given at Maynooth; and he now rose for the
purpose of thus endeavouring to get rid of the bill. Instead of the
measure being looked upon in Ireland, he said, as a boon, it was looked
upon as one extorted by fear. He quoted a letter from Dr. Higgins, one
of the Roman Catholic bishops, to show that no conciliatory effects
could result from the measure. Nor was it his opinion that it would
improve the education given at Maynooth: rather, it would afford
facilities for recruiting the priesthood from the lower classes of the
people. He maintained that the system of instruction given there had
anti-social and disloyal tendencies, which he illustrated by a reference
to the text-books, and details in the history and conduct of the
institution. The Bishop of London supported the amendment: he could
not consent to any measure which would make the college of Maynooth an
integral part of the constitution. The Earl of St. Germains and Lord
Beaumont vindicated the measure; and the Duke of Manchester and the
Bishop of Cashel opposed it. The debate having been adjourned, was
resumed by the Earls of Hardwick and Carnarvon, who supported the bill.
The Earl of Winchilsea followed, and condemned the bill in vehement
terms; and the Marquis of Normanby defended it as a proper concession to
a nation of which seven-eighths were Roman Catholics. The Archbishop of
Dublin supported the measure. The Bishop of Exeter argued against the
measure that the college was not originally meant to be endowed by the
state; and denied that the improved visitation which the bill professed
to give would be a system of education. The debate having been again
adjourned, was resumed by Earl Spencer and the Bishop of Norwich. On
a division, Lord Roden’s amendment was negatived by a majority of one
hundred and fifty-five to fifty-nine; and the house having again divided
on the original resolution, the second reading was carried by a majority
of two hundred and twenty-six against sixty-nine. Subsequently, a
discussion took place on the committal of the bill. On the motion for
the third reading another debate took place; and the Bishop of Llandaff
moved that the bill be read a third time that day six months; but on a
division this amendment was negatived by a majority of one hundred and
eighty-one against fifty. On the question that the bill do pass, the
Earl of Winchilsea moved another amendment to the effect that the
operation of the bill should be limited to a period of three years; but
tins also was negatived, and the bill then passed.
ACADEMICAL EDUCATION IN IRELAND.
Another scheme, emanating from government, for the improvement of the
Irish people, was a plan for the extension of academical education in
Ireland. This measure was developed by the secretary of state for the
home department. On moving for leave to bring in the bill, on the 9th of
May, Sir James Graham said that the object in bringing it forward was to
improve the social condition of Ireland. The difficulty of accomplishing
such an object, he said, would be discerned, when he stated that the
plan which he conceived to be the most essential was the diffusion
of the benefits of education among the higher classes of the people.
Religious differences formed the great obstacle to the adjustment of the
general question of education in Ireland. For a long series of years
the religion of the majority of the Irish people had been treated by the
state as hostile. That notion, however, had been gradually abandoned:
the penal laws had either been removed, or were in the course of
removal, although traces of them were still perceptible, and operating
most noxiously in their interference with the education of the people.
Sir James Graham next proceeded to discuss what was the best mode of
educating the people of Ireland, contending that it consisted in the
absence of all religious tests. It was on this principle that the
bill he proposed was founded. Government recommended to the house the
establishment of three provincial institutions for education in Ireland,
and founded upon the same principles as the metropolitan colleges of
London and Edinburgh. Cork was proposed as the site of the college for
the south; Galway, or Limerick, for the west; and Deny, or Belfast, for
the north of Ireland. He could not pledge himself for the exact amount
of the expense which would be necessary to carry this proposal into
execution; but he conceived that £30,000 would be wanted for the
erection of each college; and he would therefore mention £100,000 as a
sum amply sufficient for that purpose. He further recommended the sum
of £6000 for each of the colleges, to meet the annual expenses of the
officers of these institutions, and of the prizes to be established for
the encouragement of learning. Sir James Graham then gave a sketch of
the different officers whom he would establish in these institutions. In
each college there was to be a principal and ten or twelve professors;
and at Belfast and Cork there would be a medical school attached to each
college. The professors were to be nominated by the crown; and the crown
was to possess the power of removing them for good cause. There were no
professorships of divinity to be established; but religion was not to
be neglected; on the contrary, every facility would be given for the
voluntary endowment of theological professorships; but the attendance at
these lectures would not be compulsory, for the fundamental principle
of the measure would be the avoidance of all interference, positive or
negative, in all matters affecting the conscience. The right honourable
baronet went on to state that there was already an academical
institution at Belfast for the Presbyterians of the north of Ireland,
which was supported by a parliamentary grant, at the cost of £2100 per
annum; and government proposed to continue this grant. There was another
subject, he said, with which, although a difficult one, he was prepared
to grapple. The bill only founded colleges in Ireland: the question
was:—“Should these three colleges be incorporated into one great
central university, or should parliament invest each of them with the
power of granting degrees in the arts, sciences, and medicine?” He
proposed that the bill should afford her majesty means to establish a
new university in Dublin for this purpose—Trinity College being founded
on Protestant principles, and therefore excluding Roman Catholics or
dissenters from all privileges—or to incorporate into the existing
university these colleges. Lord Palmerston promised ministers the fair
and honest support of the Whigs. The measure was opposed by Sir Robert
Inglis; but leave was given to bring in the bill, and it was read a
first time. On the motion for the second reading, which was moved on the
2nd of June, a debate was commenced, which continued by adjournment for
two nights. The debate was opened by Lord John Manners, who moved that
it be read a second time that day six months: his belief was, that if
it passed in its present shape it would prove a curse, and not a boon to
Ireland. Sir James Graham defended it from this charge. He proceeded to
state some proposed alterations in the bill. The first change proposed
was with regard to the visitorial power of the crown. He proposed to
give the crown the power of appointing visitors, which visitors would
have authority to inquire into any abuse which might arise in these
institutions, and to apply an effective remedy thereto. He also now
thought that there should be attached to each of the colleges a hall or
halls in which religious instructions might be given to the students by
pastors of their own religion; and he was disposed to add a clause to
that effect. The Roman Catholic bishops had presented a memorial praying
that a fair proportion of the professors and office-bearers in the new
colleges should be members of the Roman Catholic church; that
Roman Catholic professors should fill the chairs of history, logic,
metaphysics, moral philosophy, geology, and anatomy; that there should
be a Roman Catholic chaplain in each of the colleges, to superintend the
moral and religious instruction of the Roman Catholic pupils, and that
each of these chaplains should be provided with a suitable salary; and
that all Roman Catholic professors should be appointed to a local board
of trustees. Sir James Graham could not consent to such demands: as a
majority of the students would belong to the Roman Catholic church, it
was probable that a majority of the professors would belong to it also;
but they could not be exclusively provided by the measure. Mr. E. B.
Roche, who had at first hailed the measure as a boon, now declared his
intention of opposing its further progress, because the nomination of
all the professorships was in the crown, and there was no “fixity of
tenure” for any administration which entertained friendly sentiments
toward the Roman Catholic population of Ireland. Sir Robert Inglis
repeated that this bill was “a gigantic scheme of godless education;”
and agreed with Mr. O’Connell in thinking that these new institutions
would be deficient in that species of education which was the only
legitimate one for an immortal being—education in the duties which
every man had to perform, and the principles on which those duties
rested. The second reading was supported by Lord John Russell, who
nevertheless wished to amend it in committee, and Lord Mahon, and
Messrs. Redington, Milnes, Osborne, Wyse, and R. M. O. Ferrol; and
opposed by Messrs. Acland, B. Hope, and Hamilton. Mr. Acland called
attention to the fact that some of the speakers in behalf of the bill
gave an unqualified support to it; and contended that not one of them
had proved that it would give such education as would be useful in any
respect to Ireland. Sir Robert Peel spoke at great length in behalf of
the measure; and announced that, if adopted, and the plan worked
well, government would consider whether the three colleges should be
incorporated into a university, and what power that university should
have in conferring degrees. After a few words from Messrs. M. J.
O’Connell and Shaw in favour of the second reading, though not of entire
approval of the measure, the amendment was negatived by a majority of
three hundred and eleven against forty-six, and the bill was read a
second time. Upon the resolution of the committee of the whole house
for the grant being reported, Mr. O’Connell took occasion to declare
his protest against it; and to thank Sir Robert Inglis for calling it
“a godless system of education.” Subsequently, on the committal of the
bill, he again declared his objections to its principle: and Lord John
Russell coincided with him in his statement, that unless the bill was
made acceptable to the Roman Catholics, by providing for the religious
instruction of the pupils, it would be useless. On the first clause,
relating to the grant of £100,000 for building the three colleges and
necessary buildings, Lord John Russell proposed, as an amendment,
to include among the buildings to be thus paid for, halls for the
accommodation of the students. This motion, however, was negatived; as
was also another, moved by Mr. Wyse, on the clause which declared that
the appointment of professors should be vested in the crown, and after
a time limited should revert to parliament. Mr. Wyse desired that
the professors should be chosen, after an investigation into their
qualifications, by a competent board of examiners; but Sir Robert
Peel opposed the amendment, as premature, and likely to operate to the
discouragement of the students.. Several other amendments were proposed
in committee, but they were all rejected; and on the third reading Mr.
Bernai Osborne introduced a collateral discussion upon the revenues
and management of Trinity College, Dublin, by proposing the following
resolution:—“That an humble address be presented to her majesty,
praying that she will be graciously pleased to direct an inquiry to be
made into the amount of the revenue of Trinity College, Dublin, from
rents of college-lands, endowments, and bequests, fees on matriculation,
on taking degrees, and from every other source; also into the manner in
which that income is expended; the number of senior and junior fellows,
of professors, scholars, and all other officers of the college, with
the amount of salary and allowances to each of them, with a view to
ascertain whether the income or funds at present applied solely to
the benefit of Protestants in Trinity College, Dublin, might not be
beneficially extended so as to make Roman Catholics and Protestant
dissenters eligible if otherwise qualified, to all scholarships, and
to all such fellowships, professorships, and other offices in Trinity
College, Dublin, as are not intended for ecclesiastical purposes
immediately connected with ecclesiastical endowment.” Mr. Osborne,
in support of this resolution, contended that Trinity College was
not founded with Protestant money, but with the property of the Roman
Catholic Earl of Desmond, confiscated by Elizabeth in 1592; and that
it was not until forty years afterwards, in the time of Strafford,
that Roman Catholics were mentioned, and rendered ineligible for the
professorships. The motion was opposed by Sirs Thomas Freemantle and
R. Inglis, the latter of whom denied that the college was founded with
Roman Catholic money. It was erected on the site of the old monastery
of All-Hallows, which having become vested in the mayor and citizens
of Dublin, by grant from Henry the Eighth, was by them given for the
establishment of this college. The funds for its erection and endowment
were raised by a contribution among the gentry of Ireland, for
which purpose a circular letter was sent to them by the Lord-deputy
Fitzwilliam, the archbishop, and the lords of the council in 1791:
the original foundation of the college might, therefore, he said, be
as purely Protestant as could be imagined. The motion was supported by
Messrs. Warburton and Shiel, the latter of whom contended that Queen
Elizabeth’s charter did not contemplate exclusively Protestant objects.
But it was rather on the ground of justice than on such grounds, he
said, that this subject ought to be discussed. He remarked:—“There
are seventy scholarships; the scholars have lodging and commons for a
nominal sum, with £10 a-year and £40 a-year in the last three years: the
scholarships being exclusively Protestant. So long,” he continued, “as
you keep up Trinity College in its supremacy you will make your measure
of academical education, for all political purposes, an entire failure.
Your provincial academies will be marked with all the characteristics of
mediocrity, which will only render the elevation of Trinity College more
conspicuous by the inferiority with which it will be surrounded. How
stunted and dwarfed the groves of our new academies when compared with
the rich luxuriance of the gardens of Trinity! I had a thousand times
rather you had applied your £18,000 a-year to the establishment of new
fellowships and new professorships in the metropolitan and national
institutions; because if you had done so, Englishmen would have got a
value—a value in peace, a value in contentment, a value in pacificatory
results—for their money. Now your measure, for political purposes—I
say, for political purposes, though I won’t deny that the advantages
of education will be distributed to a certain extent—but your measure,
though for political purposes it may partially succeed, yet as a message
of peace it will be a failure.” Sir Robert Peel contended that he and
his colleagues had exerted themselves to make equality in Ireland, at
the expense of giving umbrage to the majority of the people in this
country. He appealed to the enlarged grant to Maynooth, and to the way
in which the charitable bequests act had been carried out, as showing
the conciliatory disposition of the government. Yet, after all their
exertions for peace they were doomed to be disappointed. He regretted
Mr. Shiel’s speech on account of the use that would be made of it in
this country. It would be said—“See how unavailing all attempts are to
conciliate the Roman Catholics of Ireland. Regardless of the warnings,
the feelings, and fears of their friends, they hoped by proposing
certain measures, that they would make an impression on the Irish mind;
but, instead of this, the leading Roman Catholic member in the house of
commons gets up and tells them that, unless they went ten times as far
as they had yet gone, they would have an insurrection in Ireland.”
This he believed, however, was not the feeling of the Irish people; he
believed that government had made an impression on the feelings of
the Irish people. After a few words from Lord John Russell, the house
divided on Mr. Osborne’s amendment, which was negatived by a majority
of one hundred and sixty-eight against ninety-one, and the bill was then
read a third time and passed.
The second reading of the Irish education bill was moved in the house
of lords by Lord Stanley on the 21st of July. The Earl of Shrewsbury
opposed the measure. Government he said, had been overawed by the
fanatic feeling of the English people; and he urged ministers to
withdraw the bill for a season, and reintroduce it in a shape better
suited to the wants and wishes of Ireland. The bill was further opposed
by the Earl of Carnarvon, who protested against the divorce of religion
from education, and expressed his fears that such a precedent might be
applied to Oxford and Cambridge. The bill was defended by the Duke of
Newcastle, the Marquis of Lansdowne, the Bishop of Norwich, and Lords
Brougham, Beaumont, and Clifford. The second reading was affirmed
without a division; and subsequently the bill passed through committee,
and was read a third time without any fixed opposition.
COLONIAL POLICY.
In the early part of this session intelligence had arrived which
announced a disastrous collision in New Zealand between the natives and
the settlers at the Bay of Islands, and which terminated in defeat
and serious loss on the part of the latter. This intelligence produced
considerable sensation in the public mind, more especially among those
connected with the colonists in those islands. The New Zealand Company
loudly accused the colonial office, and the administration of the
governor, Captain Fitzroy; while other parties contended that the evil
which had arisen had been in a great measure induced by the company
itself. The event became the subject of several discussions in
parliament. The first of these discussions took place on the 11th of
March, when Mr. Somes moved for all copies of correspondence between the
colonial office and the governor of New Zealand, respecting the issue
of debentures and the rendering them a legal tender in that colony,
the taxes proposed in the legislative council, the outrages recently
committed by the natives in the Bay of Islands, and a proclamation
issued by the governor of New Zealand, allowing the sale of land by the
natives at a less price than that fixed by the act of the 5th and 6th
Victoria. This motion was seconded by Mr. Aglionby, who asked whether
government was not aware that in that colony inconvertible paper
had been made by the governor a legal tender for sums as low as two
shillings? whether the governor had previously received authority by
warrant from the colonial department to issue such debentures to the
amount of £15,000? whether it was true that in a colony that was to
flourish by its agriculture a tax of 10s. had been levied on every sheep
imported, and a similar tax on every dog imported to herd them? what
the house thought of a governor who placed a tax of £1 on every house in
which more than three rooms were inhabited? and whether the governor had
vindicated the character of this country by protecting the whites from
the outrages of the natives? Nine of our countrymen, he continued, had
been tomahawked after they had given up their arms: had the governor
made inquiry into the circumstances of this massacre? or had he gone, as
was reported, to the murderous tribes, and declared himself satisfied?
He also wanted to know in what manner the honour of the British flag
had been vindicated, after it had been cut down at the custom-house;
and made several inquiries respecting the sale of lands in New Zealand,
observing that when he had obtained an answer to his questions, he
should bring forward a distinct motion on the subject, and should
call for further information. Mr. Hope, the under-secretary, protested
against the course pursued by Mr. Aglionby, demanding why he did not
boldly come forward, make his charge against government, and endeavour
to substantiate it. He proceeded, however, to answer the questions
put by Mr. Aglionby. The government, he said, had disapproved of the
debentures issued by the local governor, ami they had been withdrawn.
Respecting the taxes imposed in New Zealand he knew nothing, as
government had been an unusually long time without intelligence from
that colony. With respect to the outrages at the Bay of Islands, troops
had been sent for their repression; and the governor, he thought had
sufficiently vindicated the honour of the British flag. On the other
subjects of interrogation he had no information to communicate. Other
members took part in the discussion; and finally the motion was agreed
to.
A more lengthened discussion on the condition of this colony took
place on the 17th of June, on which occasion Mr. Charles Buller brought
forward a series of resolutions relating to the policy pursued towards
New Zealand. In his speech he contended that the colonization of New
Zealand, after it had been successfully commenced by the New Zealand
Company, had been marred by the interference of her majesty’s
government. He proceeded to show the superiority of the scheme of
colonization adopted by the company with that pursued by the colonial
office. After pointing out the great importance of New Zealand in
a national and political point of view, and the fair field which it
afforded for the development of the capital and labour of England, he
showed that at the time when it was first colonized, strong reasons
existed for colonizing it regularly, lest it should be colonized
irregularly. The whole of the native population did not exceed 100,000
souls, and they were principally concentrated in the northern parts of
the island. Was that a circumstance which ought to prevent any other
country from colonizing the southern parts of it, which were almost
totally unoccupied, or the northern parts, which were almost all left
uncultivated? It was wicked to deny the right of civilized man to
cultivate the wilderness; but he was bound to treat the savage with
kindness, and to communicate to him the advantages of civilization. The
New Zealand Company had treated the savage with kindness, making him
ample compensation for the land purchased of him, by setting a part
of it to his service after it had been brought into cultivation. The
colonial office, however, conceived that its duty was discharged towards
the savage when it had obtained for him a large price for his land, and
had not taken any measure to apply it to his future amelioration. Mr.
Buller next entered into a minute history of the proceedings of the
colonial authorities in New Zealand, from the time of the conclusion of
the treaty of Waitangi, down to the present period; and vindicated the
conduct of the New Zealand Company, showing that their settlements had
been founded on a scale of liberality and munificence hitherto unknown
in the history of English colonization. Their principal object had been
merely to protect themselves from loss, whilst engaged in diffusing the
arts and industry along with the laws and language of England; yet Lord
Stanley had adopted measures which had marred all their prospects of
future success. Mr. Buller proceeded to enter into a discussion of
the land question between Lord Stanley and the New Zealand Company. He
contended that the company had a right to expect to be put in possession
by government of the number of acres awarded to them; yet, after
spending £800,000 of its own, and £300,000 more on credit, obtained from
the public, it had not obtained the grant of a single acre. Its capital
was exhausted; its proceedings were suspended; and, what was worse, the
unhappy emigrants had been debarred from all access as owners to the
land which they had purchased with hard cash in England. The crops
which they had raised were destroyed by fire, and their lives had been
menaced; and when they applied for redress to the colonial office, that
aid had been coldly refused. They now apprehended a general massacre;
and yet Captain Fitzroy prohibited them from arming themselves in
self-defence. His policy had inspired the New Zealanders with an
overweening confidence, and our countrymen with fierce resentment; and
the consequence would be that the first would perish under the attacks
of the last, as they would be no more in the hands of Englishmen than
mere children in the hands of full-grown men. In conclusion, Mr.
Buller expressed his conviction that Lord Stanley had put down the most
promising experiment of colonization that had ever been attempted by
England; and moved that the house resolve itself into a committee of the
whole house to consider the resolutions. The motion was seconded by Mr.
Milnes, who contended that a case had been made out for the interference
of the house. Mr. Hope defended the character of Lord Stanley at great
length, denying that his lordship was influenced by any hostility either
to colonization or to the New Zealand Company. He was not prepared, he
said, to justify all the acts of Captain Fitzroy; but he was convinced
that he did himself frequent injustice by the scanty reports he sent
home. In reply to the allegation that the colonial office was chargeable
with all the disasters of the colony, he insisted that they were mainly
attributable to the hasty proceedings of the New Zealand Company, in
taking possession of that island without authority from the crown.
Mr. Hope next proceeded to give an account of the state of the colony
according to the latest advices received from thence; endeavouring to
show that the settlers and the natives generally were on good terms,
and that there was no fear of a collision between them. He concluded by
entering into a consideration of the resolutions, and by declaring that
government would not consent to them. The debate was then adjourned, and
on the following day it was resumed by Captain Rous, who brought some
grave charges against the New Zealand Company. He did so, he said,
for the purpose of giving the directors of that company, who had been
described as philanthropic gentlemen, an opportunity of replying to
those charges. Mr. Aglionby, in reply, protested against them; but
declined to enter into a refutation of them on the present occasion: the
details of them all had been inquired into in the previous session by
the select committee, and on every one of them a verdict of acquittal
had been given by that committee. Other members who took part in the
debate for the motion were Lords Howick and John Russell, and Messrs.
Ellice, Hawes, Mangles, Colquhoun, and Shiel; against it, Sirs Robert
Peel, James Graham, Robert Inglis, and Howard Douglas and Mr. Cardwell.
After a brief reply from Mr. Buller, the house divided on the motion,
which was negatived by a majority of two hundred and twenty-three
against one hundred and seventeen.