CHAPTER XI.

Death of William IV., and Accession of Queen Victoria.--Rise of the

Chartists.--Resignation of Lord Melbourne in 1839, and his Resumption of

Office.--Marriage of the Queen, and Consequent Arrangements.--The

Precedence of the Prince, etc.--Post-office Reform.--War in

Afghanistan.--Discontent in Jamaica.--Insurrection in Canada.--New

Constitution for Canada and other Colonies.--Case of Stockdale and

Hansard.

The reforms mentioned in the preceding chapter were the last measures of

the reign of William IV. In the summer of the next year, 1837, he died,

and was succeeded in his British, though not in his Hanoverian,

dominions by our present gracious sovereign, who had only just arrived

at the age which entitled her to exercise the full authority of the

crown. The change was calculated to strengthen the crown, by enlisting

the chivalrous feelings of all that was best in the nation in the

support of a youthful Queen, and in a lesser degree it for a time

strengthened the ministry also; but, with respect to the latter, the

feeling did not last long. For the next three years the summers were

very unfavorable to the farmer; the harvests were bad; the inevitable

accompaniment of a rise in prices had caused severe and general

distress, and distress had produced clamorous discontent, and in some

districts formidable riots. It had been greatly aggravated in the

manufacturing counties by the operations of the trades-unions, which had

gradually put forth pretensions to regulate the wages and other

conditions of work, and had enforced them with such tyrannical violence,

not flinching from the foulest crimes, that in many instances they had

driven the masters to close their factories rather than submit to their

mandates; and in others had compelled the workmen themselves to

discontinue their labors, thus spreading destitution among thousands

whose earnings, if they had been allowed to consult their own wishes,

would have been amply sufficient for the support of their families;[245]

and the evil had grown to such a height, that in 1838 a committee was

appointed by the House of Commons to investigate the whole subject of

trade combinations. But the turbulent spirit excited by this distress

did not now confine itself to single outbreaks of violence, but, under

the guidance of some demagogues of a more methodical turn of mind than

usual, developed itself in a systematic organization having for its

object what they called "the people's charter," which aimed at a total

revolution of the existing parliamentary system, with the avowed design

that, when adopted, it should eventually lead to an entire

reconstruction of the government. The Chartists, as they called

themselves, had advocates even in Parliament, who presented their

petitions to the House of Commons, and tried, though unsuccessfully, to

give them importance by the appointment of a committee to investigate

the character of the reforms which they demanded. They were not,

however, contented with peaceful modes of pressing their demands, but,

in the course of the summer of 1839, broke out in formidable riots in

different parts of the country. At Birmingham they set fire to different

parts of the town, carrying on their work of pillage and destruction to

such a pitch that the Duke of Wellington compared the condition of the

town to one taken by storm in regular warfare; and at Newport, in

Monmouthshire, they even planned and carried out an attack on the troops

quartered in the district. But this violence led for a time to the

suppression of the movement, the leaders in the Newport riots being

convicted of high-treason; and, though the government forbore to put the

extreme severities of the law in force against them, those who remained

unconvicted had been taught by their example the danger which they

incurred by such proceedings; and some years elapsed before a series of

revolutionary troubles on the Continent again gave a momentary

encouragement to those in this country who sympathized with the

revolutionists, and prompted them to another attempt to force their

views upon the government and the people.

It had nearly, however, been another ministry on whom the task of

quelling these riots had fallen. Though, as has been already said, Lord

Melbourne's cabinet derived a momentary strength from the accession of a

young Queen, the support it thus acquired did not last; and in May,

1839, having been defeated on a measure of colonial policy, which will

be mentioned hereafter, the cabinet resigned. The Queen intrusted the

task of forming a new administration to Sir Robert Peel, who undertook

it with a reasonable confidence that he should be able to hold his

ground better than formerly, now that the retirement of his predecessors

was their own act, and admitted by them to have been caused by a

consciousness of the divisions among their supporters and their own

consequent weakness. He had the greater reason for such confidence,

since two of the colleagues of Lord Grey who had refused his offers in

1834, Lord Stanley and Sir James Graham, were now willing to unite with

him; and he had almost completed his arrangements, when he was stopped

by an unexpected, though not altogether unprecedented, impediment. It

will be recollected that, in 1812, some of the arrangements for the

formation of a new administration on the death of Mr. Perceval were

impeded by a doubt which was felt in some quarters whether the new

ministers would be allowed to remove one or two officers of the

household, to whom the Regent was generally understood to be greatly

attached, but who were hostile to the party which hoped to come into

power, though it was afterward known that these officers had felt

themselves bound to retire as soon as the arrangements in contemplation

should be completed.[246] Sir Robert Peel was now met by a difficulty of

the same kind, but one which the retiring ministers had the address to

convert into a real obstacle. The Queen, who had warm affections, but

who could not possibly have yet acquired any great knowledge of

business, had become attached to the ladies whom Lord Melbourne had

appointed to the chief places in her household. It had never occurred to

her to regard their offices in a political light; and, consequently,

when she found that Sir Robert considered it indispensable that some

changes should be made in those appointments, she at once refused her

consent, terming his proposal one "contrary to usage and repugnant to

her feelings." Sir Robert, however, felt bound to adhere to his request

for the removal of some of the ladies in question; for, in fact, they

were the wives and sisters of his predecessors, and a continuance of

their daily intercourse with the Queen might reasonably be expected to

have some influence over her Majesty's judgment of the measures which he

might feel it his duty to propose. Such a difficulty could not have

arisen under a male sovereign; but Lord Melbourne himself had departed

from the ordinary practice when he surrounded his royal mistress with

ladies so closely identified with his cabinet. It is very possible that

he had originally made the appointments without any such design, from

the careless indifference which was his most marked characteristic; but

he cannot be so easily acquitted when, in reply to the Queen's

application to him for advice on the subject, he, being joined in his

assertion by Lord John Russell, assured her that Sir Robert Peel's

demand was unjustifiable and unprecedented. Supported by the positive

dictum of the ministers on whose judgment she had hitherto been bound to

rely, the Queen naturally adhered to her decision of refusing to permit

the removal of the ladies in question, and the result was that Sir

Robert Peel declined to take office under circumstances of difficulty

beyond those to which every new minister must of necessity be exposed,

and Lord Melbourne and his colleagues resumed their posts. The

transaction was, of course, canvassed in both Houses of Parliament. Sir

Robert Peel and the Duke of Wellington, who was the spokesman of the

party in the House of Lords, defended their refusal to undertake the

government on any other condition than that for which they had

stipulated, on the ground that the authority to make such changes in the

household as they had proposed was indispensable, as a proof of their

possession of her Majesty's confidence; while Lord Melbourne, with a

strange exaggeration, defended the advice which he had given her Majesty

by the assertion that to have complied with Sir Robert Peel's proposal

would have been "inconsistent with her personal honor." Other arguments

on the same side were based on the alleged cruelty of separating her

Majesty "from the society of her earliest friends, her old and constant

companions;" an argument which was disposed of by Lord Brougham's

remark, that till she had become Queen (not yet two years before) she

had had no acquaintance with them whatever.[247]

But it is needless to dwell at any length on the case, in which all

subsequent historians and political critics, however generally

prepossessed in favor of the Liberal ministers, have given up their

position as untenable. Her Majesty herself kept strictly on the path of

the constitution in guiding herself by the counsels of those who, till

their successors were appointed, were still her responsible advisers.

But the course which they recommended was absolutely irreconcilable with

one fundamental principle of the constitution--the universal

responsibility of the ministers. In denying the right of the incoming

ministers to remodel the household (or any other body of offices) in

whatever degree they might consider requisite, they were clearly

limiting the ministerial authority. To limit the ministerial authority

is to limit the ministerial responsibility; to limit the ministerial

responsibility is to impose some portion of responsibility (that portion

from which it relieves the minister) on the sovereign himself, a

dangerous consequence from which the constitution most carefully

protects him. In fact, that the advice Lord Melbourne gave was

indefensible was tacitly confessed by himself, when, on the recurrence

of the same emergency two years later, he was compelled to recommend a

different course;[248] and the ladies whom Sir Robert had considered it

necessary to remove anticipated their dismissal by voluntary

resignation. It may be added that, at the close of this same year, Lord

Melbourne himself insisted on nominating the private secretary to the

Prince whom the Queen was about to marry, though no one could pretend

that offices in his household were as important as those in that of the

sovereign; and though, if there was any post in which the Prince might

have been supposed to have a right to an unfettered choice, that might

have been supposed to have been the office of his private

secretary.[249]

Her Majesty's marriage with Prince Albert of Saxe-Coburg, her first

cousin--one tending as greatly to the happiness of herself and the

advantage of the nation as any royal marriage recorded in history--took

place in the beginning of 1840; and in the preparatory arrangements--

matters of far greater consequence to the Queen's feelings than any

appointments in the household--the ministry, by singular mismanagement,

contrived to force the consideration of other constitutional questions

on Parliament in such a way that the conclusions which were adopted,

however inevitable, could hardly fail to be mortifying and vexatious to

her Majesty, in whose cup of happiness at such a moment special care

ought rather to have been taken to prevent the admixture of any such

alloy. In the matter of the annuity to be settled on the young Prince,

the Opposition must, indeed, share the blame with the minister. If it

was unpardonable carelessness in the latter to omit the usual practice

of previously consulting the leaders of the Opposition on the amount of

the grant to be proposed, it was not the less impolitic and unworthy of

such men as the Duke and Sir Robert Peel to show their disapproval of

the inattention by a curtailment of the grant. The sum proposed, £50,000

a year, was fairly justified by the fact of its being the same which

twenty-four years before had been settled on the Prince's uncle,

Leopold, on his marriage with the Princess Charlotte. Indeed, if there

were to be any difference, the circumstances might have been regarded as

warranting an increase rather than a diminution of it. Money was

certainly more plentiful in 1840 than in 1816, and the husband of an

actual Queen occupied, beyond all question, a higher position than the

husband of the heiress-presumptive, who might never become Queen, and

who, in fact, never did. We cannot think, therefore, that the reduction

of £20,000, which Sir Robert Peel proposed and carried, was reasonable

or becoming, but regard it as neither called for by the circumstances of

the kingdom, nor as befitting its liberality, nor as in harmony with its

practice.

But on the two other questions--one immediately affecting the

constitution, and the other not absolutely unconnected with it--no

defence of the minister seems available. At the opening of Parliament in

1840, her Majesty commenced her speech by the announcement of her

intended marriage, describing the bridegroom simply as "the Prince of

Saxe-Coburg and Gotha," the same expression which she had used in

addressing the Privy Council a few weeks before. That description of him

had at once struck her uncle, Leopold--who, since the death of his

English wife, the Princess Charlotte, had become King of Belgium--as so

imperfect and insufficient, that, on reading her address to the Privy

Council, he at once wrote to her to point out that it would have been

desirable to mention the fact of the Prince being a Protestant,[250] and

that the omission would inevitably cause discontent. But, in spite of

this warning, Lord Melbourne refused to advise the Queen to insert a

statement of the Prince's religion in her speech, though it was by no

means superfluous on such an occasion, since, if he were a Roman

Catholic, a marriage with him would have incurred a forfeiture of the

crown. The Duke of Wellington, on the other hand, regarded it as a

positive duty to require that the fact of the Prince being a Protestant

should be mentioned, so as to show the care of Parliament to prevent any

constitutional precautions from being overlooked, such statement having,

indeed, been usually made on similar occasions. When he, therefore,

moved an amendment to insert the word "Protestant" in the description of

the Prince, Lord Melbourne did not venture to divide the House against

it; but still his management gave an ungracious appearance to the

transaction, as if there had been in any quarter an unwillingness to

recognize the fact of the Prince's Protestantism till the recognition

was forced on the government by the action of the Parliament.

The third question, as affecting the relative ranks and positions of the

different members of the royal family, cannot be said to have been

wholly unconnected with the provisions of the constitution; and the

mismanagement of the minister was, perhaps, even more sure to attract

notice in this case than in the other, since to introduce into a bill a

clause which had no connection whatever with its title had something of

the appearance of a deliberate slight to the two Houses. A bill to

naturalize the Prince was, of course, indispensable. But into it the

ministers, without any notice, had introduced a clause enabling him

"during his life to take precedence in rank after her Majesty in

Parliament and elsewhere as her Majesty might think fit and proper, any

law, statute, or custom to the contrary notwithstanding." It was

admitted that no such precedence had been given to Prince George of

Denmark, nor to Prince Leopold. And there were obvious difficulties in

the way of conferring such a life-long precedence, because, as Lord

Brougham had pointed out, it was possible that the Queen might die

without issue, in which case the King of Hanover would become King of

England also, and his son the Prince of Wales; and it would have been an

inconceivable anomaly that a foreign naturalized prince should take

precedence of the Prince of Wales, whose special rank and importance was

recognized in many acts of Parliament. This objection was so clearly

insuperable, that Lord Melbourne consented to alter the clause so as to

give the Prince precedence only "after the heir-apparent." But even this

concession failed to satisfy the objectors, the King of Hanover, among

others, positively refusing to waive his precedence over any foreign

prince. And eventually the minister withdrew the clause altogether, and

the bill, as it was passed, was confined to the naturalization of the

Prince. Lord Melbourne had thus contrived to make the Queen and Prince

appear as if they were desirous to induce the two Houses by a sort of

trick to confer on the Prince a precedence and dignity to which he was

not entitled, and to render the refusal of Parliament to be so cajoled a

fresh cause of mortification to the royal pair. The course that was

eventually adopted is understood to have been suggested by the Duke of

Wellington--to withdraw the affair altogether from the cognizance of

Parliament, and to leave it to the Queen to confer on the Prince

whatever precedence she might choose, as it was certainly within her

right to do. And so, a few days after the bill had passed, she did by

letters-patent give him precedence next to herself "on all occasions and

in all meetings, except when otherwise provided by act of Parliament,"

as, seventeen years later, she, in the same way, with the cordial

approval of the whole nation, conferred on him the title of Prince

Consort. And apart from its convenience, as avoiding all unseemly

discussions, this would seem to have been the most natural and proper

mode of settling such a matter. The Queen is the fountain of honor in

this kingdom, and at her own court she can certainly confer on any of

her own subjects whatever precedence she may think fit, while it may be

doubted whether any act of a British Parliament could give precedence at

a foreign court. It was, probably, not in his character of Duke of

Cumberland, but as an independent sovereign, that the King of Hanover

maintained his claim to superior precedence; and it was plain that the

most illustrious subject could not possibly at any court be allowed to

rank above a king. With reference to its possible effect on the

subsequent relations of Peel and his followers with the court, it was,

perhaps, well that a few months later they had the opportunity of

proving that no personal objection to the Prince himself had influenced

their course in these transactions, by giving a cordial assent to the

ministerial proposal of conferring the Regency on him in the event of

the Queen giving an heir to the throne, and dying while he was still a

minor. The principle was the same as that which had guided the

arrangements for a Regency ten years before; but it was not

inconceivable that Parliament might have hesitated to intrust so large

an authority to so very young a man, and him a comparative stranger,

such as the Prince still was, had the leaders of the Opposition given

the slightest countenance to such an objection.

Lord Melbourne's ministry was hardly strengthened by the circumstances

under which it resumed office. Yet the close of the same year witnessed

a reform of which it is hardly too much to say that no single measure of

this century has contributed more to the comfort of the whole mass of

the people, with which it has also combined solid commercial benefits.

Hitherto the Post-office had been managed in a singular manner, and the

profit derived from it had been treated as something distinct from the

ordinary revenue of the kingdom. In the reign of Charles II. it had been

given to the Duke of York, and the grant was regarded as conferring on

him such extensive rights, that when, some years afterward, an

enterprising citizen set up a penny post for the delivery of letters in

the City and its precincts, the Duke complained of the scheme as an

infraction of his monopoly, and the courts of law decided in his favor.

That grant ceased, as a matter of course, on the Duke's accession to the

throne; and in the reign of Queen Anne a portion of the Post-office

proceeds was appropriated, with the general consent of a grateful

country, to reward the great achievements of the Duke of Malborough, a

perpetual charge on it of £5000 a year being annexed to the dukedom. In

those days the postage of a letter was twopence for short distances, and

threepence for any distance beyond eighty miles.[251] But those charges

had been gradually increased; about the middle of the century the lowest

charge was fixed at fourpence, rising in proportion to the distance,

till the conveyance of a single letter from one extremity of the kingdom

to the other cost eighteen-pence. Such a rate could not fail to be very

profitable; and by the beginning of the present reign the yearly profit

exceeded a million and a half of money. The heaviness of the charge,

however, had latterly attracted attention, and had been the cause of

many complaints, as being a great discouragement, and, in the case of

the poorer classes, a complete obstacle to communication. However,

neither the ministers nor the Parliament had succeeded in devising any

remedy, since a system affording so large a return was not a thing

lightly to tamper with, when those who complained suddenly found a

practical leader in Mr. Rowland Hill, who published a pamphlet on the

subject, in which he affirmed the cost of the conveyance of each letter

even for such a distance as from London to Edinburgh to be infinitely

less than a farthing; and that, consequently, all the rest of the

postage was a tax for the purposes of revenue. When this fact was once

established, it needed no argument to prove that to increase the tax

paid by each recipient of a letter in proportion to the distance at

which he lived from the writer was an indefensible unfairness; and,

after much investigation and discussion, Mr. Hill succeeded in

converting the ministers to his view. Accordingly, the Budget for 1839,

introduced by Mr. Spring Rice, then Chancellor of the Exchequer,

contained a clause which reduced the postage for every letter weighing

less than an ounce to a uniform charge of a penny, to be prepaid by

means of a stamp to be affixed to each letter by the sender. It was not

without plainly-expressed reluctance that the scheme was consented to by

the Opposition; nor can their hesitation be considered as unreasonable,

in the very unsatisfactory condition of the finances of the kingdom at

the time. The balance-sheet of the preceding year showed a considerable

deficiency. There was a large unfunded debt; and even Mr. Hill's most

sanguine calculations admitted a probable loss to the Post-office of

£1,200,000 for the first year or two; though he expressed his confidence

that eventually the correspondence of the kingdom would be found to

increase so largely as to make up for the greater part, if not the

whole, of the deficiency. His anticipations were far outran by the

reality.

In 1839 the Postmaster-general estimated the number of letters sent

yearly by the post at less than twenty-five millions. They are now

upward of a thousand millions, a number the conveyance of which (with

the addition of newspapers, whose circulation had also been greatly

augmented by a recent reduction of the tax to a penny) would have

severely taxed the whole carrying power of the kingdom before the

introduction of railroads. Nor have the benefits of the new system been

confined to ourselves. Foreign nations have followed our example, though

not quite in the same degree, till an international postage is at length

established throughout the whole of the civilized world. And it has not

been only the happiness of private individuals that has been augmented

by this facility of communication. In its gradual development it has

largely promoted the extension of trade of every kind, and, by

facilitating a commercial intercourse between nations, it cannot but

contribute to the maintenance of friendship and peace.

The full advantages of this reform could not be seen at first; but, even

had it been appreciated as fully as we appreciate it now, no approval of

it could have counterbalanced the general dissatisfaction with which the

ministry was regarded. At home the finances were falling into great

disorder, the expenditure of the year greatly exceeding the income;

while the feeling that their Irish policy was dictated by a wish to

purchase at any price the support of O'Connell, was still more injurious

to them, for he was already beginning to renew agitation in Ireland,

inaugurating a new association, which, though its purposes were faintly

veiled for a time under the title of the Precursor Association, was

understood to point at a repeal of the Union; while the ministers,

though they denounced such a measure as ruinous to every part of the

kingdom, seemed willing to give it practical encouragement by a bill

which they introduced, which bore the name of a Registration Act for

Ireland, but which was not confined to that object. On the contrary, it

contained a provision for lowering the qualification for the franchise

by one-half; so that it was, in fact, a new Reform Bill for

Ireland,[252] calculated greatly to increase his influence by the number

of voters of the poorer classes whom it would create. The bill was

defeated, but the odium of having proposed it remained.

But, besides these home difficulties, there were troubles abroad, both

in the East and in the West. In the East, the complications inseparable

from a dominion like that of ours in India, where constant expansion

seemed to have become a law of its existence, had involved us in a war

with a new enemy, the warlike Afghan nation; in the West, both Jamaica

and Canada were in a state threatening insurrection. Indeed, the

troubles in Jamaica had been the immediate cause of that resignation of

the ministry in 1839 which has already been mentioned. Measures adopted

in the English Parliament with reference to the termination of that

apprenticeship system which, as we have seen, formed a part of the bill

for the abolition of slavery, and another for the regulation of the

prisons in the island, had given such offence to the colonial Assembly,

never very manageable, that the members passed a resolution that their

legislative rights had been violated, and that they would abstain from

all exercise of their legislative functions, except such as might be

necessary "to preserve inviolate the faith of the island with the public

creditor, until" (by the rescinding of the resolutions, etc., of which

they complained) "they should be left to the free exercise of their

inherent rights as British subjects." And this resolution was seconded

by an insulting protest, in which they drew an offensive comparison

between the state of crime in the island and that which prevailed in

Great Britain, taunting the British Parliament with the murders and acts

of incendiarism which terrified Ireland night and day, with the murders

of Burke and Hare in Scotland, with the law of divorce and _crim. con._

trials in England, and "a Poor-law which has taken millions from the

necessities of the destitute to add to the luxuries of the wealthy." The

Governor dissolved the Assembly, but that which succeeded re-adopted the

resolutions of its predecessor, and the ministers, in consequence,

brought in a bill "to suspend the existing constitution of the island

for a limited number of years, and to provide that during that interval

its legislative functions should not be exercised by a Governor, a

Council, and a House of Assembly, but should reside in the Governor and

Council alone." The emergency was too great and undeniable, the remedy

proposed was also too unprecedented in its stringency, to be dealt with

without the gravest deliberation; and the House of Commons accordingly

gave the matter the patient consideration which became both it and

themselves. They allowed the island to appear by counsel against the

bill, and listened for many hours to an elaborate defence of the conduct

of the Assembly, which if it failed to change the intention of the

ministers, convinced Sir Robert Peel and his party that their measure

was doubtful in its justification and impolitic in its severity. He

pointed out that "the bill was neither more nor less than one for the

establishment of a complete despotism--one which would establish the

most unqualified, unchecked, unmitigated power that was ever yet applied

to the government of any community, in place of that liberal system

which had prevailed for upward of one hundred and fifty years." And,

though he did not for a moment question the power of Parliament to pass

such a measure, he greatly doubted the policy of such an exertion of it.

A somewhat similar measure affecting Canada they had been compelled to

enact in the preceding year, and he feared lest "it might seem to be

coming to be a practice of Parliament to suspend a constitution every

session." And he quoted a speech of Canning, delivered fifteen years

before, in which that eloquent statesman, a man by no means inclined to

a timorous policy, had declared that "no feeling of wounded pride, no

motive of questionable expediency, nothing short of real and

demonstrable necessity, should ever induce him to moot the awful

question of the transcendental power of Parliament over every dependency

of the British crown. That transcendental power was an ordinance of

empire, which ought to be kept back within the penetralia of the

constitution. It exists, but it should be veiled. It should not be

produced on trifling occasions, or in cases of petty refractoriness or

temporary misconduct."

And Sir Robert, "looking at all the papers before the House, could not

say that there was here any vindication for bringing forward this

transcendental power." He asked whether "they had ever treated with so

much severity a conquered colony amid the first heat of animosity after

the contest." And he traced the history of our government of the island

back to the time of Charles II., pointing out (as Burke had formerly

argued with respect to our Colonies in North America) that "Jamaica owed

its colonization by British subjects to the conquest that was made of it

by the arms of Cromwell; that its first English population was composed

of those who, disgusted with the excesses of the civil wars, there found

a refuge," and who had carried with them that attachment to liberty

which, as early as 1678, had led them successfully to repel the attacks

made on the privileges of their House of Assembly by the ministers of

Charles II. He warned the House, also, that if this measure were passed,

"a sympathy for the people of Jamaica would be excited throughout the

other West Indian possessions of the crown." And, while fully admitting

that the conduct of the Assembly had been "foolish and unjustifiable,"

he still recommended that it should be treated in a conciliatory spirit,

which as yet had not been shown toward it.

The government carried their proposal by a majority of no more than five

in a very full house, a success which they regarded as a defeat, and, as

has been already mentioned, resigned. But as the state of the question

and of the island did not admit of delay, on their resumption of their

offices they introduced a fresh measure, which the Conservatives again

curtailed of its most severe clauses, and which, in the form in which it

was eventually passed, gave the Assembly time to reconsider its conduct,

and, without the humiliation of confessing itself guilty, to give a

practical recantation of their offensive resolutions, by resuming its

work of legislation, any farther delay of which would on many subjects

be very mischievous to the island itself. The distinct assertion by both

parties of the power of the Parliament to inflict even the severest

penalty enabled the Houses to take this conciliatory course without loss

of dignity; while the stern disapproval of the conduct of the Assembly

which the Conservative leader had expressed, even when pleading for a

milder treatment of it, convinced the colonists that any protracted

contumacy would be dangerous, and would deprive them for the future of

all title to even the modified protection which on this occasion had

saved them.

In the discussion of these transactions, Peel, as we have seen, had

alluded to the affairs of Canada, which had been of a still more serious

complexion; since there the discontent of the colonists in the Lower

Province had developed into armed insurrection. We have seen that, from

the first moment after the country had passed into our possession, there

had been almost constant dissensions between the old French colonists

and the English immigrants who crossed over both from England and from

the colonies on the southern side of the St. Lawrence in the early part

of the reign of George III. The desire of terminating these divisions,

which had their root in a difference of religion as well as of race, the

French settlers being Roman Catholics, had been one of the chief motives

which had led Pitt in 1791 to divide the country into two

provinces.[253] And for many years the scheme was fairly successful;

but, toward the end of the reign of George IV., the political excitement

caused by the agitation in England of the question of Catholic

Emancipation, and subsequently of Reform, spread across the Atlantic to

the Canadas; and the French portion of the colonists, who almost

monopolized the representation in Lower Canada, began to urge the

adoption of changes utterly inconsistent with the existing constitution

of the colony. In the hope of compelling the compliance of the home

government with their demands, in 1832 and the following years they

refused to vote the necessary supplies; and, gaining courage, as it

were, from the contemplation of their own violence, and under the

guidance of a leader of French extraction, a M. Papineau, who scarcely

concealed his hope of effecting the complete severance of the Lower

Province from the British dominion, they proceeded to put forth farther

demands, which they regarded as plausible from the apparent resemblance

of the changes which they required to the system of the English

constitution, but which, to use the words in which Sir Robert Peel

described them, would have established "a French republic." The most

important of them were that the Upper or Legislative Council should,

like the Assembly, be rendered elective, instead of, as had hitherto

been the case, being nominated by the crown. And another asked that the

Executive Council should be made responsible to the Assembly, in the

same manner as in England the ministers of the crown were responsible to

Parliament. As it was at once shown that the ministry at home had no

intention of granting these demands, Papineau collected a band of

malcontents in arms, with whom he took possession of one or two small

towns, and ventured even to measure his strength with the

Commander-in-chief of the province, Sir John Colborne, one of the most

distinguished of Wellington's comrades and pupils. His force was utterly

routed, and he himself fled across the frontier to New York. A similar

outbreak, excited in the Upper Province by a newspaper editor, was

crushed with equal ease and rapidity.[254] And the next year, 1838, Lord

John Russell brought forward a bill to suspend the constitution of the

colony, and to confer on a new Governor, who was at once to proceed

thither, very ample powers for remodelling the government of the

province, subject, of course, to the sanction of the home government. In

the previous year he had succeeded in carrying some resolutions

announcing the determination of Parliament not to concede the demands of

the Assembly of the Lower Province, which have been already mentioned.

And the reasons which he gave for this course are worth preserving, as

expressing the view recognized by Parliament of the relations properly

existing between the mother country and a colony. It was on a proper

understanding of them that he based his refusal to make the Executive

Council in Canada responsible to the Assembly. He held such a step to be

"entirely incompatible with those relations. Those relations require

that his Majesty should be represented, not by a person removable by the

House of Assembly, but by a Governor sent out by the King, responsible

to the King, and responsible to the Parliament of Great Britain. This is

the necessary constitution of a colony; and if we have not these

relations existing between the mother country and the colony, we shall

soon have an end of these relations altogether." And he pointed out the

practical difficulties which might reasonably be apprehended if such a

change as was asked were conceded. "The person sent out by the King as

Governor, and those ministers in whom the Assembly confided, might

differ in opinion, and there would be at once a collision between the

measures of the King and the conduct of the representatives of the

colony."

The plan of sending out a new Governor free from any previous

association with either of the parties, or any of the recent

transactions in the colony, was, probably, the wisest that could have

been adopted. Unfortunately, it was in some degree marred by the choice

of the statesman sent out, Lord Durham, a man of unquestioned ability,

but of an extraordinarily self-willed and overbearing temper. He drew up

a most able report of the state of the provinces, combined with

recommendations of the course to be pursued toward them in future, so

judicious that subsequent ministers, though widely differing from his

views of general politics, saw no better plan than that which he had

suggested; but, unhappily, the measures which he himself adopted,

especially with respect to the treatment of those who had been leaders

in the late rebellion, were such manifest violations of law, that the

government at home had no alternative but that of disallowing some of

them, and carrying a bill of indemnity for others. He took such offence

at their treatment of him, though it was quite inevitable, that he at

once resigned his appointment and returned home. But the next year the

Queen sent down a message to the Houses recommending a union of the two

provinces (a measure which had been the most important, and the very

foundation, of his suggestions), and Lord John Russell introduced a bill

which, as he described its object, he hoped would "lay the foundation of

a permanent settlement of the affairs of the entire colony." The main

feature of the government policy was the formation of "a legislative

union of the two provinces on the principles of a free and

representative government," and the establishment of such a system of

local government as amounted to a practical recognition of the principle

so earnestly repudiated, as we have seen, by Lord John Russell a year or

two before. It was not, perhaps, fully carried out at first. Lord

Sydenham, who had succeeded Lord Durham, reported to the home

government, as the result of a tour which he had taken through a great

part of the country, that in the whole of the Upper Province, and among

the British settlers of the Lower Province, "an excellent spirit

prevailed, and that he had found everywhere a determination to forget

past differences, and to unite in an endeavor to obtain under the union

those practical measures for the improvement of the country which had

been too long neglected in the struggle for party and personal objects."

But of the French Canadians he could not give so favorable a report.

Efforts were still made by some of the old Papineau party to mislead the

people; but he was satisfied they would not again be able to induce the

peasantry to support any attempt at disturbance. It was natural that

that party should still feel some soreness at the utter failure of their

recent attempts and the disappointment of their hopes; and affairs took

the longer time in being brought into perfect order and harmony through

a strange mortality which took place among the first Governors-general.

Lord Sydenham died the next year of lockjaw, brought on by a fall from

his horse; Sir Charles Bagot was forced to retire in a state of hopeless

bad health after an administration equally brief; two years later, Sir

Charles Metcalfe, who succeeded him, returned home only to die; and it

was not till a fourth Governor, Lord Elgin, succeeded to the government

that it could be said that the new system, though established five years

before, had a fair trial.

Fortunately, he was a man admirably qualified by largeness of

statesman-like views and a most conciliatory disposition for such a post

at such a time; and he strictly carried out the scheme which was implied

by the bill of Lord John Russell, and to a certain extent inaugurated by

Lord Sydenham, selecting his advisers from the party which had the

confidence of the Legislative Assembly, and generally directing his

policy in harmony with their counsels; so that under his government the

working of the colonial constitution was a nearly faithful reproduction

of the parliamentary constitution at home. Such a policy was in reality

only a development of the principle laid down by Pitt half a century

before, and warmly approved by his great rival, that "the only method of

retaining distant colonies with advantage is to enable them to govern

themselves."[255] And since that day similar constitutions have been

established in our other distant dependencies as they have become ripe

for them--in New Zealand, the Cape, and the Australian colonies--almost

the only powers reserved to the home government in those colonies in

which such constitutions have been established being that of appointing

the governors; that of ratifying or, if necessary, disallowing measures

adopted by the colonial government; and, in cases of necessity, that of

prescribing measures for the adoption of the local Legislatures, and

even of compelling such adoption, in the event of any persevering

opposition. The act of 1850, which established a constitution in

Victoria, went even farther in the privileges it conferred on the

colonists, inasmuch as it gave power to the Legislative Council to alter

some of its provisions, and even to remodel the Legislative Council and

Assembly. It may be doubted whether this last concession did not go too

far, since in more than one important instance the government of that

great colony has availed itself of it so liberally as to render it

necessary to pass a fresh act of Parliament to enable her Majesty to

give her royal assent to some of the changes which the Assembly had

enacted.[256] Indeed, it cannot be said that the system has worked in

every part or on every occasion quite as well as might have been hoped;

nor can it be denied that the colonies have occasionally claimed a power

of independent action in opposition to the home Parliament in a way to

try severely the patience of the home government. After the British

Parliament had adopted the policy and system of free-trade, the Canadian

Assembly adhered to the doctrine of protection so obstinately that it

actually established a tariff of import duties injurious to the commerce

of the mother country, and apparently intended as a condemnation of its

principles. But its contumacy showed how wholly different was the spirit

of the British government from that which had prevailed in the last

century; for though the home government had unquestionably the right of

disallowing the offensive tariff, it forbore to exercise it; and,

probably, by this striking proof that it considered a complete

recognition of the principle of local self-government more important

than any trifling financial or commercial advantage, contributed greatly

to implant in Canada and all the colonies that confidence in the

affectionate moderation of the home government which must be the

strongest, if not the only indissoluble, bond of union.

On the whole, it is hardly too much to say that no more statesman-like,

and (if sentiment may be allowed a share in influencing the conduct of

governments) no more amiable spirit animates any act of our modern

legislation than is displayed in these arrangements for the management

of our colonies. They are a practical exemplification of the idea

embodied in the expression, "the mother country." A hundred years ago,

Burke sought to impress on the existing ministers and Parliament the

conviction that, "so long as our Colonies kept the idea of their civil

rights associated with our government, they would cling and grapple to

us, and no force under heaven would be of power to tear them from their

allegiance." In the case of which he was speaking his warning, as we

have seen, fell on deaf ears; but the policy of the present reign is a

willing and full adoption of them, on a far larger scale than even his

farseeing vision could then contemplate. Within the century which has

elapsed since his time the enterprise of Britain has sent forth her sons

to people another hemisphere; and they, her children still, cling to the

parent state with filial affection, because they feel that, though

parted from her by thousands of miles and more than one ocean, they are

still indissolubly united to her by their participation in all the

blessings of her constitution, her generous toleration, her equal laws,

her universal freedom.

On one transaction of these years the leaders of the Opposition were

found acting in close agreement with the ministers. We have seen how, in

the early part of the reign of George III., the House of Commons threw

the sheriffs of London into prison, on account of their performance of

what they conceived to be their duty as magistrates; and in 1840 it

subjected the same officials to the same treatment on a question of the

same character--the extent of the privilege of the House of Commons to

overrule the authority of the courts of law. The question was in

appearance complicated by the institution of several suits at law, and

by the fact that the House was not consistent in its conduct, but

allowed its servants to plead to the first action, and refused the same

permission in the second, when the result of the first trial had proved

adverse to them. The case was this: some inspectors of prisons has

presented a report to Parliament, in which they alleged that they had

found in Newgate a book of disgusting and obscene character, published

by a London publisher named Stockdale. The House of Commons had ordered

the report to be printed and sold by Messrs. Hansard, the Parliamentary

publishers, and Stockdale brought an action against Messrs. Hansard for

libel. Chief-justice Denman charged the jury that "the fact of the House

of Commons having directed Messrs. Hansard to publish their reports was

no justification to them for publishing a Parliamentary report

containing a libel;" and Stockdale obtained damages, which were duly

paid. Stockdale, encouraged by this success, when, in spite of the

result of the late trial, Hansard continued to sell the report, brought

a fresh action; but now the House forbade the publishers to plead to it;

and, as they obeyed the prohibition, and forbore to plead, the case

eventually came before the Sheriff's Court; fresh damages were given,

and, in obedience to the writ of the Queen's Bench, the sheriffs seized

Hansard's goods, and sold them to satisfy the judgment. Lord John

Russell, as leader of the House, moved to bring to the Bar of the House

all the parties concerned in the action--the plaintiff, his attorney,

the sheriffs, and the under-sheriffs. He was opposed by nearly all the

legal members of the House except the crown lawyers, Sir Edward Sugden

especially warning the House that "a resolution of the House was of no

avail in a court of justice;" while others taunted the House with want

of courage in not proceeding against the judges themselves, rather than

against their officers, which in this case the sheriffs were.

There could be no doubt of the importance of the question, since it was

no less, as the Attorney-general, Sir J. Campbell, put it, than a

question whether Parliament or the courts of law had the superiority;

and now Sir Robert Peel, as leader of the Opposition, came to the

support of Lord John Russell, declaring his opinion to be, first, that

"the House possessed every privilege necessary for the proper and

effectual discharge of its functions;" secondly, that "the publication

of evidence which had led the House to adopt any course was frequently

essential to justify that course to the nation;" and thirdly, that "to

judge of the extent of their privileges, and to vindicate them by their

own laws, belonged to the House alone." And he pressed strongly on the

House that it was "the duty of the House to fight the battle to the

last," though he confessed that "it was with pain that he had come to

the determination of entering into a contest with the courts of law." On

one point the judges agreed with the House of Commons. The House

committed the sheriffs; but, when they sued out their _habeas corpus_,

the judges decided that the return of the Sergeant-at-arms that they

were committed by the House for breach of privilege was a sufficient

return. Stockdale brought fresh actions. But meantime the case was

arousing a strong excitement in the country.[257] The singular hardship

of the position of the sheriffs excited general sympathy: if they obeyed

the House of Commons, which prohibited them from paying over to

Stockdale the damages which they had received for him, the Court of

Queen's Bench would be bound to attach them for disobedience to its

order. If they obeyed the Queen's Bench, the House would imprison them

for breach of privilege. And the national feeling is always in favor of

the strictly defined authority of the courts of law, rather than of the

somewhat indefinite claims of Parliament to interpret, and even to make,

privilege. Another consideration, probably, weighed a little with the

champions of the House--that their power of imprisonment ended with the

session. As matters went on, it was found that even the Attorney and

Solicitor-general differed as to the course to be pursued; and

eventually Lord John Russell consented to adopt the advice which had

been given by a former Attorney-general, Sir F. Pollock, and to bring in

a bill to legalize all similar proceedings of Parliament in future, by

enacting that a certificate that the publication of any document had

been ordered by either House should be a sufficient defence against any

action. The introduction of such a bill was in some degree an

acknowledgment of defeat; but it can hardly be denied to have been not

only a judicious step, but the only one practicable, if the contest

between Parliament and the courts of law were not to be everlasting; and

it met with general approval. If it was a compromise, it was one that

satisfied both parties and both ends. It upheld the authority of the

courts of law, and at the same time it practically asserted the

reasonableness of the claim advanced by the House of Commons, by giving

it for the future the power which it had claimed. Nor were people in

this day inclined to be jealous of the privileges of Parliament, so long

as they were accurately defined. They felt that it was for the advantage

and dignity of the nation that its powers and privileges should be

large; what they regarded with distrust was, a claim of power of which

no one knew the precise bounds, and which might, therefore, be expanded

as the occasion served.

Notes:

[Footnote 245: Fifty-two mills and 30,000 persons were thrown out of

employment for ten weeks at Ashton in 1830 by the turning out of 3000

"coarse spinners," who could clear at the time from 28s. to 31s. per

week. The following passage is extracted from an oath said to have been

administered by the combined spinners in Scotland in 1823: "I, A B, do

voluntarily swear, in the awful presence of God Almighty, and before

these witnesses, that I will execute with zeal and alacrity, as far as

in me lies, every task or injunction which the majority of my brethren

shall impose upon me in furtherance of our common welfare, as the

chastisement of _knobs_, the assassination of oppressive and tyrannical

masters, or the demolition of shops that shall be deemed

incorrigible."--_Annual Register_, 1838, pp. 204-207.]

[Footnote 246: See page 221.]

[Footnote 247: The question was examined with great minuteness by Lord

Brougham a fortnight after the ministerial explanation. See

"Parliamentary Debates," 3d series, xlvii., 1164.]

[Footnote 248: It is stated on good authority that Lord Melbourne, in

private conversation, justified or explained the line he had taken by

his consideration for his friends, scores of whom would have had their

hopes blighted by his retirement.]

[Footnote 249: See "Life of the Prince Consort," i., 55.]

[Footnote 250: "Life of the Prince Consort," i., 57.]

[Footnote 251: Macaulay's "History of England," i., 386.]

[Footnote 252: This is the name which the Liberal historian of the time,

Miss Martineau, gives it. "The so-called Registration Bill was, in fact,

an unannounced new Reform Bill for Ireland."--_History of the Peace_,

book v., c. vi.]

[Footnote 253: See _ante_, p. 127.]

[Footnote 254: In one instance the rebels were aided by a party of

citizens of the United States, who, without any sanction from their own

government, seized an island on the St. Lawrence belonging to us, and

attacked some of the Canadian villages. And this led to the discussion

of a question of international combined with constitutional law, which

Lord Campbell thus describes: "'Whether, if the subjects or citizens of

a foreign state with which we are at peace, without commission or

authority from their own or any other government, invade the English

territory in a hostile manner, and levy war against the Queen in her

realm, we are entitled to treat them as traitors?' The Canadian courts

held that we could not, as they had never acknowledged even a temporary

allegiance to our sovereign. And of this opinion was Sir William

Follett. But, after reading all that is to be found on the subject, I

come to the conclusion that they owed allegiance when, as private

individuals, they voluntarily crossed the English frontier; that it was

no defence for them to say that they then had arms in their hands and

intended to murder the Queen's subjects."--_Life of Lord Campbell_,

ii.,119. It certainly would have been no _defence_; but would it not

have taken their conduct from under the definition of _treason_, and

made it an act of _piracy_?]

[Footnote 255: See Fox's words, quoted by Lord Stanhope.--_Life of

Pitt_, ii., 90.]

[Footnote 256: A couple of years after the period which is the boundary

of the present work, this Canadian constitution of 1841 was superseded

by a measure uniting Canada, Nova Scotia, and New Brunswick in one

federal government, with, as the act recites, "a constitution similar in

principle to that of the United Kingdom." The act farther provided for

the admission of other dependencies of the crown in North America,

Newfoundland, Prince Edward Island, British Columbia, and Rupert's Land

into the union, and established as the constitution of the whole one

scarcely differing from that of 1841, with the exception that both the

Houses of the Legislature--called in the act the Senate and the House of

Commons--were to be representative bodies, and that powers were

conferred on them so absolutely free and independent, that it was

thought necessary to add a clause providing that their "privileges,

immunities, and powers were never to exceed those at the passing of the

act held, enjoyed, and exercised by the Commons House of Parliament of

the United Kingdom of Great Britain and Ireland, and by the members

thereof."]

[Footnote 257: Lord Campbell, in his autobiography, puts the

transaction, in the phase at which it had now arrived, in a very serious

light: "Next came a proceeding which placed me in a most difficult

position; and the public never knew the danger which then existed of a

convulsion unexampled in our history. The sheriffs sued out a writ of

_habeas corpus_, directed to the Sergeant-at-arms, commanding him to

produce before the Court of Queen's Bench the sheriffs of Middlesex,

alleged to be illegally in custody, with the cause of their detention.

Wilde, the Solicitor-general, was strong for refusing to make any return

to the writ, and for setting the Court of Queen's Bench at defiance. Had

I concurred in this opinion it would certainty have been acted on. The

consequences would have been that the Sergeant-at-arms, even with the

mace in his hand, would have been sent to Newgate by the Court of

Queen's Bench. The House must have retaliated by committing the judges.

The crown would then have had to determine on which side the army should

be employed, and for a time we must have lived under a military

government" (ii., 129). The noble and learned autobiographer does not

explain why it should have been indispensable to employ the army on

either side.]

The Constitutional History of England from 1760 to 1860 · 第 12 / 15 章