only the forerunner of much subsequent legislation, the House of
Commons engaged in Poor Law Reform. In the winter of 1832-3 a very
startling state of things was disclosed. In a period of great general
prosperity, that portion of England in which the Poor Laws had their
most extensive operation, and in which by much the largest expenditure
of poor-rates had been made, was the scene of daily riot and nightly
incendiarism. There were ninety-three parishes in four counties
of which the population was 113,147 and the Poor-Law expenditure
£81,978, or fourteen shillings and fivepence per head; and there were
eighty parishes in three other counties the population of which was
105,728 and the Poor-Law expenditure £30,820, or five shillings and
ninepence a head. In the counties in which the Poor-Law expenditure
was large the industry and skill of the labourers were passing away,
the connection between the master and servant had become precarious,
the unmarried were defrauded of their fair earnings, and riots and
incendiarism prevailed. In the counties where the expenditure was
comparatively small, there was scarcely any instance of disorder;
mutual attachment existed between the workman and his employer; the
intelligence, skill, and good conduct of the labourers were unimpaired,
or increased. This striking social contrast was but a specimen of
what prevailed throughout large districts, and generally throughout
the south and north of England, and it proved that either through
the inherent vice of the system, or gross maladministration in the
southern counties, the Poor Law had a most demoralising effect upon
the working classes, while it was rapidly eating up the capital upon
which the employment of labour depended. This fact was placed beyond
question by a commission of inquiry, which was composed of individuals
distinguished by their interest in the subject and their intimate
knowledge of its principles and details. Its labours were continued
incessantly for two years. Witnesses most competent to give information
were summoned from different parts of the country. The Commissioners
had before them documentary evidence of every kind calculated to throw
light on the subject. They personally visited localities, and examined
the actual operation of the system on the spot; and when they could not
go themselves, they called to their aid assistant commissioners, some
of whom extended their inquiries into Scotland, Guernsey, France, and
Flanders; while they also collected a vast mass of interesting evidence
from our ambassadors and diplomatic agents in different countries
of Europe and America. It was upon the report of this commission
of inquiry that the Act was founded for the Amendment and Better
Administration of the Laws relating to the Poor in England and Wales (4
and 5 William IV., cap. 76). A more solid foundation for a legislative
enactment could scarcely be found, and the importance of the subject
fully warranted all the expense and labour by which it was obtained.
The statutory provision for all who cannot support themselves had now
existed for upwards of 280 years. There was no considerable increase
of population in England from the period when the Poor Laws were
established up to the middle of the eighteenth century. Its people have
been distinguished for their industry, thrift, and forethought. No
other nation has furnished such unquestionable proofs of the prevalence
of a provident and independent spirit. From the year 1601, when the
Act 43 Elizabeth, the foundation of the old code of Poor Laws, was
put in force, to the commencement of the war with Napoleon, there had
been scarcely any increase of pauperism. In 1815 there were 925,439
individuals in England and Wales, being about one-eleventh of the then
existing population, members of friendly societies, formed for the
express purpose of affording protection to the members in sickness
and old age, and enabling them to subsist without resorting to the
parish fund. It may be asked, How was this state of things compatible
with the right to support at the expense of the parish which the law
gave to the destitute? The answer is, that the exercise of that right
was subjected to the most powerful checks, and restricted in every
possible way. In 1723 an Act was passed authorising the church-wardens
and overseers, with the consent of the parishioners, to establish a
workhouse in each parish; and it was at the same time enacted that the
overseers should be entitled to refuse relief to all who did not choose
to accept it in the workhouse, and to submit to all its regulations.
In consequence of this Act workhouses were erected in many parishes,
and they had an immediate and striking effect in reducing the number
of paupers. Many who had previously received pensions from the parish
preferred depending on their own exertions rather than take up their
abode in the workhouse.
The workhouse test, then, operated powerfully in keeping down
pauperism; but another cause came into operation still more
influential, namely, the Law of Settlement. By the Act 13 and 14
Charles II. a legal settlement in a parish was declared to be gained by
birth, or by inhabitancy, apprenticeship, or service for forty days;
but within that period any two justices were authorised, upon complaint
being made to them by the churchwardens or overseers, if they thought
a new entrant likely to become chargeable, to remove him, unless he
either occupied a tenement of the annual value of ten pounds, or gave
sufficient security that he would indemnify the parish for whatever
loss it might incur on his account. And by a subsequent Act, 3 William
III., every newcomer was obliged to give notice to the churchwarden
of his arrival. This notice should be read in church after divine
service, and then commenced the forty days during which objection might
be made to his settlement. In case of objection, if he remained it
was by sufferance, and he could be removed the moment he married, or
was likely to become chargeable. A settlement might also be obtained
by being hired for a year when unmarried or childless, and remaining
the whole of that time in the service of one master; or being bound an
apprentice to a person who had obtained a settlement. The effect of
this system was actually to depopulate many parishes. The author of a
valuable pamphlet on the subject, Mr. Alcock, stated that gentlemen
were led by this system to adopt all sorts of expedients to hinder the
poor from marrying, to discharge servants in their last quarter, to
evict small tenants, and pull down cottages; so that several parishes
were in a manner depopulated, while England complained of want of
useful hands for agriculture, for manufactures, and for the land and
sea services.
But we come now to a new phase in the Poor-Law system, rather a
complete revolution, by which the flood-gates of pauperism were opened,
and all those barriers that had restrained the increase of population
were swept away. The old system had been somewhat relaxed in 1782
by Mr. Gilbert's Act, which, by incorporating parishes into unions,
prevented grasping landlords and tenants from feeling that intense
interest in the extinction of population and pauperism which they
did when the sphere was limited to a single parish. But in the year
1795 the price of corn rising from 54s. to 74s., and wages continuing
stationary, the distress of the poor was very great and many of the
able-bodied were obliged to become claimants for parish relief. But
instead of meeting this emergency by temporary expedients and extra
grants suited to the occasion, the magistrates of Berks and some other
southern counties issued tables showing the wages which they affirmed
every labouring man ought to receive, not according to the value of his
labour to his employer, but according to the variations in the number
of his family and the price of bread; and they accompanied these tables
with an order directing the parish officers to make up the deficit
to the labourer, in the event of the wages paid him by his employer
falling short of the tabulated allowance. This was the small beginning
of a gigantic evil. The practice originating in a passing emergency
grew into a custom, and ultimately assumed the force of an established
right, which prevailed almost universally, and was productive of an
amount of evil beyond anything that could have been conceived possible.
The allowance scales issued from time to time were framed on the
principle that every labourer should have a gallon loaf of standard
wheaten bread weekly for every member of his family, and one over. The
effect of this was, that a man with six children, who got 9s. a week
wages, required nine gallon loaves, or 13s. 6d. a week, so that he had
a pension of 4s. 6d. over his wages. Another man with a wife and five
children, so idle and disorderly that no one would employ him, was
entitled to eight gallon loaves for their maintenance, so that he had
12s. a week to support him. The increase of allowance according to the
number of children acted as a direct bounty upon early marriage.
The farmers were not so discontented with this allowance system as
might be supposed, because a great part of the burden was cast upon
other shoulders. The tax was laid indiscriminately upon all fixed
property; so that the occupiers of villas, shopkeepers, merchants,
and others who did not employ labourers, had to pay a portion of the
wages for those that did. The farmers were in this way led to encourage
a system which fraudulently imposed a heavy burden upon others, and
which, by degrading the labourers, and multiplying their numbers beyond
the real demand for them, must, if allowed to run its full course,
have ultimately overspread the whole country with the most abject
poverty and wretchedness. There was another interest created which
tended to increase the evil. In the counties of Suffolk, Sussex, Kent,
and generally through all the south of England, relief was given in
the shape of house accommodation, or free dwellings for the poor. The
parish officers were in the habit of paying the rent of the cottages;
the rent was therefore high and sure, and consequently persons who had
small pieces of ground were induced to cover them with those buildings.
The evils of this system had reached their height in the years 1832-3.
That was a time when the public mind was bent upon reforms of all
sorts, without waiting for the admission from the Tories that the
grievances of which the nation complained were "proved abuses." The
Reformers were determined no longer to tolerate the state of things
in which the discontent of the labouring classes was proportioned
to the money disbursed in poor rates, or in voluntary charities; in
which the young were trained in idleness, ignorance, and vice--the
able-bodied maintained in sluggish and sensual indolence--the aged
and more respectable exposed to all the misery incident to dwelling
in such a society as that of a large workhouse, without discipline
or classification, the whole body of inmates subsisting on food far
exceeding, both in kind and in amount, not merely the diet of the
independent labourer, but that of the majority of the persons who
contributed to their support; in which a farmer paid ten shillings
a year in poor rate, and was in addition compelled to employ
supernumerary labourers, not required on his farm, at a cost of from
£100 to £250 a year; in which the labourer had no need to bestir
himself to seek work or to please his master, or to put a restraint
upon his temper, having all a slave's security for subsistence, without
the slave's liability to punishment; in which the parish paid parents
for nursing their little children, and children for supporting their
aged parents, thereby destroying in both parties all feelings of
natural affection and all sense of Christian duty. The Government,
therefore, resolved to apply a remedy. The following is a brief
outline of the main features of the measure they proposed, and which
was adopted by the legislature. They found the greatest evils of the
old system were connected with the relief of the able-bodied; and
in connection with that lay the chief difficulty of administering
relief. It was, above all things, an essential condition that the
situation of the pauper should not be made--really or apparently--so
desirable as that of independent labourers of the lowest class; if it
were, the majority of that class would have the strongest inducements
to quit it, and get into the more eligible class of paupers. It was
necessary, therefore, that an appeal to the parish should be a last
resource--that it should be regarded as the hardest taskmaster and the
worst paymaster. This principle was embodied in the Poor Law Amendment
Act; and the effects which quickly followed on its operation were most
marked and salutary. Able-bodied paupers were extensively converted
into independent labourers, for whose employment a large fund was
created by the reduction of parochial expenditure; next followed a
rise in wages; then a diminution, not only of pauper marriages, but of
early and imprudent marriages of all sorts; and lastly, there was a
diminution of crime, with contentment among the labourers, increasing
with their industry: relief of a child was made relief to the parent,
and relief of a wife relief to the husband. In fact, the law combined
charity with economy.
The Commissioners recommended the appointment of a central board to
control the administration of the Poor Laws, with such assistant
Commissioners as might be found requisite, the Commissioners being
empowered and directed to frame and enforce regulations for the
government of workhouses, and as to the nature and amount of the
relief to be given and the labour to be exacted; the regulations to be
uniform throughout the country. The necessity of a living, central,
permanent authority had been rendered obvious by the disastrous working
of the old system, arising partly from the absence of such control--an
authority accumulating experience in itself, independent of local
control, uninterested in favour of local abuse, and responsible to the
Government. A Board of three Commissioners was therefore appointed
under the Act, themselves appointing assistant Commissioners, capable
of receiving the powers of the Commission by delegation. The anomalous
state of things with regard to districts was removed by the formation
of unions.
In 1831 there were in England and Wales 56 parishes containing less
than 10 persons; 14 parishes containing but from 10 to 20 persons, the
largest of these, on the average, containing 5 adult males; and there
were 533 parishes, containing from 20 to 50 persons, the largest of
which would give 12 adult males per parish. It was absurd to expect
that such parishes could supply proper machinery for the levying and
collecting of rates, or for the distribution of relief. It was found
that a large number of overseers could only certify their accounts
by signing with a mark, attested by the justice's clerk. The size of
the parishes influenced materially the amount of the poor-rate--the
smallest giving the greatest cost per head. For example, the hundred
absolutely largest parishes, containing a population of 3,196,064,
gave 6s. 7d. per head; the hundred intermediate parishes, containing
a population of 19,841, gave 15s. a head; while the hundred smallest
parishes from which poor-rate returns were made, with a population
of 1,708, gave £1 12s. a head. The moral effects were still more
remarkable. In the large parishes 1 in 13 was relieved; in the
intermediate, 1 in 12½; and in the smallest, 1 in 4, or 25 per cent.
of the population, were paupers. Hence arose the necessity of a union
of parishes with a common workhouse and a common machinery, and with
paid permanent officers for the administration of relief.
The most important change in the Settlement Law was the repeal of the
settlement by hiring and service, which prevented the free circulation
of labour, interfered with the liberty of the subject, and fixed an
intolerable burden upon the parish. This law was repealed by the
64th and 65th sections of the Act; the settlement by occupation of a
tenement, without payment of rates, by the 66th; while other sections
effected various improvements in the law of removal. The old law made
it more prudent for a woman to have a number of children without a
husband than with a husband, as she could throw the burden of their
support upon the parish, or through the parish force the putative
father to support them; and if he could not give security to pay, he
was liable to imprisonment. By this means marriages were often forced.
These evils were remedied by rendering the unmarried mother liable for
the maintenance of her children, by rendering it unlawful to pay to her
any sums which the putative father might be compelled to contribute
for the reimbursement of the parish, and by rendering it necessary
that evidence additional to that of the mother should be required to
corroborate her charge against the person accused of being the father.
The law worked fairly well, though it was discovered that many mothers
shrank from prosecuting the fathers of their babies at the price of
disclosing their shame, and thus illegitimate children were brought up
in the utmost squalor.
[Illustration: MR. (AFTERWARDS LORD) MACAULAY. (_From a photograph by
Maull and Fox._)]
Each union of parishes, or each parish, if large and populous
enough, was placed under the management of a board of guardians,
elected annually by the ratepayers; but where under previous Acts an
organisation existed similar to that of unions or boards of guardians,
under the Poor Law Amendment Act these were retained. The following
table exhibits the local divisions of England and Wales made under that
Act:--
AUTHORITY. DESCRIPTION. NUMBER OF
PARISHES.
Poor Law Amendment { 585 unions 13,964
Act { 20 single parishes 20
Local Act (various) { 21 unions 320
{ 15 single parishes 15
Gilbert's Act, (22 Geo. { 12 unions 200
III., c. 83) { 2 single parishes 2
{ 89 parishes (including}
43 Elizabeth, c. 2 { the Scilly Islands } 89
{ as one parish) }
------
Total 14,610
Of these unions and parishes 111 were declared and organised in the
first year, 252 in the second, 205 in the third, and 17 in the fourth.
Within the four years succeeding 1834 as many as 328 unions had
workhouses completed and in operation, and 141 had workhouses building
or in course of alteration. The work went on slowly till the whole
country was supplied with workhouse accommodation. The amount expended
in providing new workhouses up to 1858 was £4,168,759, and in altering
and enlarging old workhouses, £792,772; the total amount thus expended
was upwards of five millions sterling.
The active mind, strong will, and philanthropic spirit of Mr. Stanley,
now transferred from Ireland to the Colonial Secretaryship, found an
important field for their exercise in the Colonial Office. He applied
his energies to the abolition of negro slavery in the West Indies,
and was happily more successful in that work than in his attempt to
tranquillise Ireland. The time had arrived when the labours on behalf
of the negro race, of Clarkson, Wilberforce, Mackintosh, Brougham,
Buxton, Lushington, and William Smith were to be followed with success,
by the abolition of slavery in the British West Indian colonies. The
Society of Friends, as became that philanthropic body, led the van
in the movement which began in 1823, when Wilberforce presented a
petition from them in the House of Commons. Soon afterwards, when Mr.
Buxton brought forward a resolution condemning slavery as repugnant
to Christianity and to the British Constitution, Mr. Canning moved a
counter-resolution as an amendment, recommending reforms in the system,
which, he alleged, might be safely left to the West Indian Assemblies;
and if they refused to do their duty, the Imperial Parliament might
then interfere. These resolutions were carried, although any one
acquainted with the history of the West Indies might have known that
they would be perfectly futile. No amelioration of the system could
be rationally expected from the reckless adventurers and mercenary
agents by whom many West Indian plantations were managed. The infamous
cruelty of which the missionary Smith had been the victim showed that,
while the colonial laws allowed the most horrible atrocities, there
existed among the planters a spirit of brutality which did not shrink
from their perpetration. Time was when such barbarities might have
escaped with impunity; when in Great Britain it was maintained in
high places, and even by the legislature, that slavery was defended
by an impregnable fortress, that property in human flesh was not only
expedient for the good of the commonwealth, and beneficial for the
negro, but also a sacred institution, founded on the authority of the
Bible. But, thanks to the indefatigable labours of the friends of
the negro race, such abominable dogmas had been long reprobated by
public opinion, and at the period now referred to no man ventured to
promulgate such heresies in England. The moral sense of the nation had
condemned slavery in every form. The missionaries had, in the midst of
tremendous difficulties and cruel persecutions, enlightened the West
Indian slaves with regard to their rights as men and their privileges
as Christians; and while they inculcated patience and meek submission
even to unjust laws, they animated their crushed hearts with the hope
that the blessings of liberty would soon be enjoyed by them, and that
humanity and justice would speedily triumph over the ruthless tyranny
under which they groaned.
Ten years passed away from the adoption of Mr. Canning's resolution,
and little or nothing was effectually done to mitigate the system,
not-withstanding various subsequent recommendations of the British
Government. The consolidated slave law for the Crown colonies contained
in an Order in Council issued in 1830, was proposed for the chartered
colonies as a model for their adoption; but it contained no provision
for the education or religious instruction of the slaves. All the
chartered colonies, except two, Grenada and Tobago, had legalised
Sunday markets, and they allowed no other time to the negroes for
marketing or cultivating their provision grounds. The evidence of
slaves had been made admissible; but in most of the colonies the right
was so restricted as to make it entirely useless. Except in the Crown
colonies, the marriage of slaves was subject to all sorts of vexatious
impediments. The provision against the separation of families was
found everywhere inoperative. The right of acquiring property was so
limited as to prove a mockery and a delusion. The Order in Council
gave the slaves the right of redeeming themselves and their families,
even against the will of their owners; but all the chartered colonies
peremptorily refused any such right of self-liberation. In nearly all
the colonies the master had a right by law to inflict thirty-nine
lashes at one time, on any slave of any age, or of either sex, for
any offence whatever, or for no offence. He could also imprison his
victims in the stocks of the workhouse as long as he pleased. There was
no return of punishments inflicted, and no proper record. An Order in
Council had forbidden the flogging of females; but in all the chartered
colonies the infamous practice had been continued in defiance of the
supreme Government. The administration of justice--if the term be
applicable to a system whose very essence was iniquity--was left to
pursue its own course, without any effort for its purification. In
July, 1830, Mr. Brougham brought forward his motion, that the House
should resolve, at the earliest possible period in next Session, to
take into consideration the state of the West Indian colonies, in order
to the mitigation and final abolition of slavery, and more especially
in order to the amendment of the administration of justice. But the
national mind was then so preoccupied with home subjects of agitation
that the House was but thinly attended, and the motion was lost by a
large majority. The Reform movement absorbed public interest for the
two following years, so that nothing was done to mitigate the hard lot
of the suffering negro till the question was taken up by Mr. Stanley,
in 1833, in compliance with the repeated and earnest entreaties
of the friends of emancipation. The abolitionists, of course, had
always insisted upon immediate, unconditional emancipation. But the
Ministerial plan contained two provisions altogether at variance with
their views; a term of apprenticeship, which, in the first draft of the
measure, was to last twelve years, and compensation to the owners--a
proposition which, though advanced with hesitation, ultimately assumed
the enormous amount of twenty millions sterling. On the principle of
compensation there was a general agreement, because it was the State
that had created the slave property, had legalised it, and imposed upon
the present owners all their liabilities. It was therefore thought
to be unjust to ruin them by what would be regarded as a breach of
faith on the part of the legislature. The same excuse could not be
made for the system of protracted apprenticeship, which would be a
continuance of slavery under another name. If the price were to be
paid for emancipation, the value should be received at once. This
was the feeling of Lord Howick, who was then Under-Secretary for the
Colonies, and who resigned his office rather than be a party to the
apprenticeship scheme, which he vigorously opposed in the House, as
did also Mr. Buxton and Mr. O'Connell. But the principle was carried
against them by an overwhelming majority. Among the most prominent
and efficient advocates of the negroes during the debates were Mr.
Buckingham, Dr. Lushington, Admiral Flemming, and Mr. T. B. Macaulay.
The opposition to the Government resolution was not violent; it was led
by Sir Robert Peel, whose most strenuous supporters were Sir Richard
Vivian, Mr. Godson, Mr. W. E. Gladstone, and Mr. Hume. In the House
of Lords the resolutions were accepted without a division, being
supported by the Earl of Ripon, Lord Suffield, Earl Grey, and the Lord
Chancellor Brougham. The speakers on the other side were the Duke of
Wellington, the Earl of Harewood, Lord Ellenborough, and Lord Wynford.
In the Bill which was founded on the resolutions the term of
apprenticeship was limited to six years for the plantation negroes,
and four for all others. The Bill passed the House of Lords with
slight opposition; and on the 28th of August, 1833, it received the
Royal Assent. It does not appear that William IV. urged any plea of
conscience against signing this Act of Emancipation, although in his
early days he had been, in common with all the Royal Family, except
the Duke of Gloucester, opposed to the abolition of the slave trade.
The Act was to take effect on the 1st day of August, 1834, on which
day slavery was to cease throughout the British colonies. All slaves
who at that date should appear to be six years old and upwards were
to be registered as "apprentice labourers" to those who had been
their owners. All slaves who happened to be brought into the United
Kingdom, and all apprentice labourers who might be brought into it
with the consent of their owners, were to be absolutely free. The
apprentices were divided into three classes. The first class consisted
of "predial apprentice labourers," usually employed in agriculture,
or the manufacture of colonial produce, on lands belonging to their
owners, and these were declared to be attached to the soil. The second
class, consisting of the same kind of labourers, who worked on lands
not belonging to their owners, were not attached to the soil. The third
class consisted of "non-predial apprenticed labourers," and embraced
mechanics, artisans, domestic servants, and all slaves not included in
the other two classes. The apprenticeship of the first was to terminate
on the 1st of August, 1840; and of the "non-predial" on the same day in
1838. The apprentices were not obliged to labour for their employers
more than forty-five hours in any one week. Voluntary discharges were
permitted; but, in that case, a provision was made for the support
of old and infirm apprentices. An apprentice could free himself
before the expiration of the term, against the will of his master, by
getting himself appraised, and paying the price. No apprentices were
to be removed from the colony to which they belonged, nor from one
plantation to another in the same colony, except on a certificate from
a justice of the peace that the removal would not injure their health
or welfare, or separate the members of the same family. Under these
conditions the apprentices were transferable with the estates to which
they were attached. Their masters were bound to furnish them with food,
clothing, lodging, and other necessaries, according to the existing
laws of the several colonies, and to allow them sufficient provision
ground, and time for cultivating it, where that mode of maintenance was
adopted. All children under six years of age when the Act came into
operation, and all that should be born during the apprenticeship, were
declared free; but if any children were found destitute, they could be
apprenticed, and subjected to the same regulations as the others. The
Act allowed governors of colonies to appoint stipendiary magistrates,
with salaries not exceeding £300 a year, to carry the provisions of the
law into effect. Corporal punishment was not absolutely abolished, but
it could be inflicted only by the special justices, who were authorised
to punish the apprentices by whipping, beating, imprisonment, or
addition to the hours of labour. The corporal punishment of females was
absolutely forbidden in all circumstances. The quantity of punishment
was restricted, and the hours of additional labour imposed were not to
exceed fifteen in the week.
The sum of twenty millions was divided into nineteen shares, one for
each of the colonies, proportioned to the number of its registered
slaves, taken in connection with the market price of slaves in that
colony, on an average of eight years, ending with 1830. But no money
was payable in any colony until it should have been declared by an
Order in Council that satisfactory provision had been made by law
in such colony for giving effect to the Emancipation Act. Two of
them were so perverse as to decline for several years to qualify for
the reception of the money; but others acted in a different spirit.
Believing that the system of apprenticeship was impolitic, they
declined to take advantage of it, and manumitted their slaves at once.
Antigua was the first to adopt this wise course. Its slaves were all
promptly emancipated, and their conduct fully justified the policy; for
on Christmas Day, 1834, for the first time during thirty years, martial
law was not proclaimed in that island. Thus, the effect of liberty was
peace, quietness, and confidence. Bermuda followed this good example,
as did also the smaller islands, and afterwards the large island of
Barbadoes; and their emancipation was hailed by the negroes with
religious services, followed by festive gatherings. Jamaica, and some
other islands, endeavoured to thwart the operation of the new law, as
far as possible, and took every advantage in making the apprentices
miserable, and wreaking upon them their spite and malice. They met with
harsher treatment than ever, being in many instances either savagely
ill-used or inhumanly neglected. Considering their provocations, it was
generally admitted that they behaved on the whole very well, enduring
with patience and resignation the afflictions which they knew must come
to an end in a few years. The total number of slaves converted into
apprentices on the 1st of August, 1834, was 800,000. The apprenticeship
did not last beyond the shorter time prescribed, and on the 1st of
August, 1838, there was not a slave in existence under the British
Crown, save only in the island of Mauritius, which was soon required by
instructions from the Home Government to carry the Act into effect.
Much inconvenience and misery were caused during the year by the trades
unions and their strikes. In several places the workmen combined in
order to enforce a rise of wages, and a more equitable distribution
of the profits derived from their labour. The striking commenced on
the 8th of March, when the men employed by the London gas companies
demanded that their wages should be increased from twenty-eight
shillings to thirty-five shillings a week, with two pots of porter
daily for each man. On the refusal of this demand they all stopped
working; but before much inconvenience could be experienced their
places were supplied by workmen from the country. On the 17th of
March an event occurred which caused general and violent excitement
among the working classes. At the Dorchester Assizes six agricultural
labourers were tried and convicted for being members of an illegal
society, and administering illegal oaths, the persons initiated being
admitted blindfold into a room where there was the picture of a
skeleton and a skull. They were sentenced to transportation for seven
years. Their case excited the greatest sympathy among the working
population throughout the kingdom. In London, Birmingham, and several
other large manufacturing towns immense meetings were held to petition
the king in favour of the convicts. In the midst of this excitement
the manufacturers of Leeds declared their determination not to employ
any persons in their factories who were members of trades unions. The
consequence was that in that town three thousand workmen struck in
one day. On the 15th of April there was a riot at Oldham, where, in
consequence of the arrest of two members of a trade union, a factory
was nearly destroyed, and one person killed, the mob having been
dispersed by a troop of lancers. Several of the rioters were arrested
and sentenced to terms of imprisonment varying from six to eighteen
months. On the 21st of April a meeting of the trades unions took place
at Copenhagen Fields, to adopt a petition to the Home Secretary praying
for a remission of the sentence on the Dorchester convicts. They
marched to the Home Office through the leading thoroughfares, numbering
about 25,000, in order to back up their deputation, which, however,
Lord Melbourne refused to receive, though he intimated to them that
their petition should be laid before the king if presented in a proper
manner. The multitude then went in procession to Kennington Common.
On the 28th 13,000 London journeymen tailors struck for higher wages.
The masters, instead of yielding, resolved not to employ any persons
connected with trades unions, and after a few weeks the men submitted
and returned to their work.
[Illustration: SLAVERY EMANCIPATION FESTIVAL IN BARBADOES. (_See p._
368.)]
The conduct of the trades unions excited a great deal of angry feeling
amongst the wealthier classes; and the Government were vehemently
condemned for not putting down the combination with a strong hand.
It was said that the mischief they created was well known; that
though their interference with trade, "their atrocious oaths, impious
ceremonies, desperate tyranny, and secret assassinations had been
brought under their observation," Ministers could not be stirred to
any exhibition of energy for the protection of the manufacturer, the
workman, or the public. On the 28th of April the Duke of Newcastle
had brought the trades unions under the consideration of the House of
Lords, and questioned Ministers as to their neglect respecting the
disturbances these combinations occasioned. Lord Grey contented himself
with a quiet expression of regret for their existence, and of a hope
that they would die out if let alone; meanwhile, the Government were
ready to put down disorderly meetings. This apparent indifference
called forth indignant protests from the Marquis of Londonderry and
Lord Eldon. The Lord Chancellor declared that the meetings were
illegal, and that they were likely to produce great mischief; adding,
"Of all the worst things, and of all the most pernicious devices that
could be imagined for the injury of the interests of the working
classes, as well as of the interests of the country at large, nothing
was half so bad as their existence." He also stated that there could
not remain the shadow of a doubt of the justice of the conviction of
the Dorchester labourers. Strikes and combinations, however, continued
during the summer. At the Chester Assizes, on the 5th of August, two
men were indicted for the murder of a manufacturer during a strike in
1831. It appeared on evidence that the deceased had excited the ill
feeling of the trades unions of the place, where he had a mill, in
which he gave employment to a great number of people. Two of his own
workmen had agreed to assassinate him for the sum of £3 6s. 8d. each,
paid by the union. They shot him as he was passing through a lane to
his mills. Being found guilty, they were executed. On the 18th of the
same month the workmen employed by the builders of London struck to
the number of 10,000, including the artisans at the Government works.
This course was adopted in consequence of a combined declaration of the
master-builders, requiring them to abandon their connection with trades
unions.
Meanwhile in Ireland, where Lord Anglesey had been succeeded by Lord
Wellesley and Mr. Stanley by Mr. Littleton, O'Connell was openly
agitating for a Repeal of the Union. His conduct was much resented
by Lord Grey's followers, and at a meeting at Hull Mr. M. D. Hill
challenged the good faith of the Irish party, and declared that an
Irish member, who spoke with great violence against the Coercion Bill,
had secretly urged the Ministers to force it through in its integrity.
O'Connell brought the statement before the House early in the Session,
when it was unnecessarily confirmed by Lord Althorp, who said that he
had good reason to believe it to be true. After a violent scene, he
further admitted that Sheil was one of the members to whom he referred.
Mr. Sheil denied the imputation so passionately that, on the motion of
Sir F. Burdett, both he and Lord Althorp were taken into custody by the
Serjeant-at-Arms. They were released on submitting to the authority
of the House, and a committee, after examining into the matter and
collecting no evidence of value, were glad to avail themselves of an
apology tendered by Hill and to bring the incident to a close.
On the 22nd of April Mr. O'Connell brought forward a very comprehensive
motion. It was for a select committee to inquire and report on the
means by which the destruction of the Irish Parliament had been
effected; on the results of the Union upon Ireland, and upon the
labourers in husbandry and operatives in manufactures in England; and
on the probable consequences of continuing the Legislative Union
between Great Britain and Ireland. This motion originated a debate on
the Repeal question which lasted four days. O'Connell himself spoke
for six hours. The debate was chiefly memorable for a speech of Mr.
Spring-Rice, in defence of the Union, which also occupied six hours
in the delivery. He concluded by proposing an amendment to the effect
that an Address should be presented to the king by both Houses of
Parliament, expressing their determination to maintain the Legislative
Union inviolate. In a very full House the amendment was carried by an
overwhelming majority, the numbers being for, 523; against, 38. Mr.
Spring-Rice's speech served the Government materially, while by the
Conservatives it was regarded as "a damper" to their own hopes.
The chiefs of the Tory party were at this time sanguine in their
expectation of being speedily called to office. Their hopes were
founded mainly upon the dissensions that were known to exist in the
Cabinet. These dissensions were first revealed by O'Connell's motion
for a committee to inquire into the conduct of Baron Smith, when
presiding as a judge in criminal cases, and especially with reference
to a charge addressed by him to the grand jury of Dublin, in which he
said: "For the last two years I have seldom lost an opportunity for
making some monitory observations from the Bench. When the critical
and lawless situation of the country did not seem to be generally and
fully understood, I sounded the tocsin and pointed out the ambuscade.
Subsequent events deplorably proved that I had given no false alarm.
The audacity of factious leaders increased from the seeming impunity
which was allowed them; the progress of that sedition which they
encouraged augmented in the same proportion, till on this state of
things came, at length, the Coercion Bill at once to arrest the
mischief, and consummate the proof of its existence and extent." As
there was no doubt that these shafts were aimed at O'Connell, this last
charge afforded him a fair opportunity of putting a stop to the abuse
by bringing the conduct of the talented but eccentric judge before
Parliament; for, as there was no political case in the calendar, there
was no excuse for the attack. Mr. Littleton declared it impossible to
refuse his consent to the motion. Mr. Stanley, Lord Althorp, and Lord
John Russell expressed a similar view. Sir James Graham briefly but
warmly dissented from his colleagues. He had come down to the House
with the understanding that they meant to oppose the motion. He for
one still retained his opinion, and had seen no reason to change it. As
one who valued the independence of the judges and his own character, he
must declare that if the motion were carried, and if, as its result, an
Address was presented to the Crown for the removal of Baron Smith, it
would be a highly inexpedient--nay, more, a most unjust proceeding. The
present would be the most painful vote he had ever given, since he felt
it incumbent upon him to sever himself from those friends with whom
during a public life of some duration he had had the honour of acting;
but feeling as he did the proposition to be one dangerous in itself, he
conceived he would be betraying the trust committed to him if he did
not declare against it. Baron Smith was ably defended by Mr. Shaw, by
Sir J. Scarlett, and Sir Robert Peel. On a division, the motion for a
committee of inquiry was carried by 167 to 74, Sir James Graham and Mr.
Spring-Rice voting in the minority. Next morning Sir James tendered his
resignation as First Lord of the Admiralty, which was declined, and in
the following week the vote was rescinded by a majority of six.
Thus the Cabinet was evidently fast breaking up, when Mr. Littleton
introduced his Tithe Bill. Its object was much the same as Mr.
Stanley's Act of 1832 for the Compulsory Commutation of Tithe. This
last Act had been a failure, and Mr. Littleton was compelled to ask
Parliament to grant the sum of £1,000,000 to pay the arrears. He
hoped to remedy its defects by reducing the number of people who were
liable to tithe, and then, after the 1st of November, to commute the
tithe into a land tax, payable to the State, to reduce its amount by
one-fifth, and to allow any person having a substantial interest in
the estate to redeem the residue of it, after five years had expired,
on easy terms. After a number of stormy debates the progress of the
measure seemed assured, when Lord John Russell went out of his way
to express his views in favour of the appropriation of the surplus
revenues of the Irish Church to secular purposes. Stanley wrote to
Graham the laconic note, "Johnny has upset the coach." Indeed, the
declaration was the more indiscreet because the Cabinet was hopelessly
divided on the point.
On the 27th of May Mr. Ward brought forward a motion upon this subject.
In an able speech he reviewed the state of Ireland, and remarked that
since 1819 it had been necessary to maintain there an army of 22,000
men, at a cost of a million sterling per annum, exclusive of a police
force that cost £300,000 a year. All this enormous expense and trouble
in governing Ireland he ascribed to the existence of a religious
establishment hostile to the majority of the people; he therefore moved
that "the Protestant episcopal establishment in Ireland exceeds the
spiritual wants of the Protestant population; and that, it being the
right of the State to regulate the distribution of Church property in
such a manner as Parliament may determine, it is the opinion of this
House that the temporal possessions of the Church of Ireland, as now
established by law, ought to be reduced."
The motion was seconded by Mr. Grote. When he had concluded, Lord
Althorp rose and moved that the House should be adjourned until the 2nd
of June. The differences in the Cabinet had now reached their crisis.
It was fully expected that Mr. Ward's motion would be carried, and
Ministers differed as to whether the principle involved in it should
be rejected or accepted; the majority were for accepting it, whereupon
Mr. Stanley, Sir James Graham, Lord Ripon, and the Duke of Richmond
resigned their offices. They were succeeded by Mr. Spring-Rice, as
Colonial Secretary; Lord Auckland, as First Lord of the Admiralty; the
Earl of Carlisle, as Lord Privy Seal; Mr. Abercromby, as Master of the
Mint. Mr. Poulett Thompson became President of the Board of Trade, and
the Marquis of Conyngham Postmaster-General.
On the following day, which was the anniversary of the king's birthday,
the Irish prelates, headed by the Archbishop of Armagh, presented
an address to his Majesty, complaining of the attacks on the Irish
Church, deprecating the threatened innovations, and imploring his
protection. The king was greatly moved by this appeal. Breaking
through the usual restraints, he delivered an extemporaneous answer,
in which, among other things, he said, "I now remember you have a
right to require of me to be resolute in defence of the Church." He
assured the bishops that their rights should be preserved unimpaired,
and that if the interior arrangements of the Irish Church required any
amendment--which, however, he greatly doubted--he hoped it would be
left to the bishops to correct them, without the interference of other
parties. He was now completing his 69th year, and he must prepare to
leave the world with a conscience clear in regard to the maintenance
of the Church. Tears ran down his cheeks while, in conclusion, he
said, "I have spoken more strongly than usual, because of the unhappy
circumstances that have forced themselves upon the observation of all.
The threats of those who are the enemies of the Church make it the more
necessary for those who feel their duty to that Church to speak out.
The words which you hear from me are, indeed, spoken by my mouth, but
they flow from my heart."
These words, indiscreet as they were, and calculated to embarrass
the Ministers, were regarded as in the highest degree precious by
the bishops and clergy, and the whole Tory party. With the utmost
despatch they were circulated far and wide, with the design of bringing
public feeling to bear against Mr. Ward's motion. In the meantime,
great efforts were made by the Government to be able to evade the
motion. Its position at this time appeared far from enviable, and
there was a general impression that it could not long survive. The new
appointments did not give satisfaction. The Cabinet was said to be
only patched up in order to wear through the Session. It was in these
discouraging circumstances that Lord Althorp had to meet Mr. Ward's
motion on Monday, the 2nd of June. In order to avoid a dissolution and
a general election, the results of which might turn upon the existence
of the Irish Church, it was necessary that Mr. Ward's motion should be
defeated. He refused to withdraw it, because he apprehended the speedy
dissolution of the Ministry, and he wished the decision of the House
of Commons on the Irish Church question to be recorded, that it might
stand in the way of a less liberal Administration. The anticipated
contest in the Commons that evening excited extraordinary interest.
The House was surrounded by a crowd anxious to obtain admittance or to
hear the result, while within it was so thronged with members that the
Ministers found it difficult to get to their seats. Rarely has there
been so full a House, the number of members being 516. When Mr. Ward
had spoken in favour of his motion, Lord Althorp rose to reply. He
announced that a special commission of inquiry had been already issued,
composed of laymen, who were to visit every parish in Ireland, and were
to report on the means of religious instruction for the people; and
that, pending this inquiry, he saw no necessity for the House being
called upon to affirm the principles of Mr. Ward's motion. He would,
therefore, content himself by moving the previous question. This was
carried by an overwhelming majority, the numbers being 396 to 120.
But a month only elapsed when fresh differences arose in the Cabinet
leading to further resignations, and ending in the retirement of
Lord Grey from public life. Again Ireland was the rock on which the
Cabinet struck and went to pieces. The Irish Coercion Act, which had
been passed for one year only, was to be renewed, with modifications,
for which purpose a Bill was introduced into the Lords about the
middle of June. A large number of the Liberal members of England
and Scotland, as well as Ireland, required the omission of the
clauses enabling the Lord-Lieutenant to suppress public meetings
by proclamation--a power which Lord Wellesley was induced by his
meddlesome advisers, Mr. Littleton and Lord Brougham, to declare he
did not require. His opinion, however, was overruled in the Cabinet,
and they agreed to support the Bill as it stood. Lord Althorp had
very reluctantly yielded the point, more especially as the necessity
for the extra-constitutional powers was denied by the Irish executive
and by the Lord Chancellor. Mr. Littleton, the Irish Secretary,
having indiscreetly made O'Connell aware of the division in the
Cabinet, and of the fact that several of its members were supporting
the clause contrary to their convictions, the Irish leader used the
knowledge thus obtained with tremendous effect. While sitting under
the fierce invectives of his opponent, Lord Althorp felt his position
to be intolerable. On quitting the House, after a long and harassing
discussion, on the 7th of July, he wrote to the Prime Minister,
announcing this fact. Next morning there was a conference, after which
Lord Grey transmitted to the king his resignation, with that of Lord
Althorp; and on the recommendation of Lord Grey, Lord Melbourne was
appointed to the office of Prime Minister, being succeeded in the
Home Office by Lord Duncannon; while Lord Althorp, relieved from his
obligation with regard to the Coercion Bill, consented to resume the
post he had just resigned.
[Illustration: KENNINGTON COMMON, LONDON, ABOUT 1840.]
On the 9th of July Earl Grey made a statement in the Lords, when the
Duke of Wellington disclaimed all personal hostility in the opposition
he had been obliged to give to his Government. The Lord Chancellor
pronounced an affecting eulogium on the great statesman who was finally
retiring from his work, and expressed his own determination to remain
in office. Lord Grey's popular Administration had lasted three years,
seven months, and twenty-two days, which exceeded the term of his
predecessor, the Duke of Wellington, by nearly a year and a half. Lord
Grey, from the infirmities of age, declining health, and weariness
of official life, had wished to retire at the close of the previous
Session, but was prevailed upon by his colleagues to remain in office.
In delivering his farewell speech he was listened to with profound
attention, and at one moment was so overpowered by his feelings that he
was compelled to sit down, the Duke of Wellington considerately filling
up the interval by presenting some petitions.
Earl Grey had lived to witness the triumphant realisation of all the
great objects for which throughout his public life he had contended,
sometimes almost without hope. Catholic Emancipation had been yielded
by his opponents as a tardy concession to the imperative demand of the
nation. In the debates on that question in the House of Lords, Lord
Grey was said to have excelled all others, and even himself. The long
dormant question of Parliamentary Reform was quickened into life by
the electric shock of the French Revolution of 1830, when the Duke of
Wellington, with equal honesty and rashness, affirmed that the existing
system of representation enjoyed the full and entire confidence of the
country. This declaration raised a storm before which he was compelled
to retire, in order to make way for a statesman with keener eye and
firmer hand, to hold the helm and steer the vessel in that perilous
crisis of the nation's destiny. Throughout the whole of that trying
time Earl Grey's wisdom, his steadfastness, the moral greatness of his
character, and the responsibility of his position, made him the centre
of universal interest, and won for him the respect and admiration of
all parties in the nation. Baffled again and again in the struggle for
Reform, undismayed by the most formidable opposition, not deterred
or disheartened by repeated repulses, he renewed his attacks on the
citadel of monopoly and corruption, till at last his efforts were
crowned with victory. And well did he use the great power for good
which the Reform Parliament put into his hands. The emancipation of
the slaves, the reform of the Irish Church, and the abolition of the
gigantic abuses of the Poor Law system, were among the legislative
achievements which he effected. His foreign policy, in the able hands
of Lord Palmerston, was in harmony with his own domestic policy--bold,
just, moderate, true to the cause of freedom abroad, while vigilantly
guarding the national honour of his own country. By his vigorous
diplomacy he had saved Belgium from being overwhelmed by the Dutch, and
at the same time kept her independent of France. A capable Sovereign
had been provided for her in Leopold of Saxe-Coburg, the widowed
husband of Charlotte of England. Finally, when the Dutch declined
to give way to the remonstrances of the Western Powers, a joint
Anglo-French expedition was dispatched, which compelled the citadel of
Antwerp to capitulate on December 23rd, 1832. Nevertheless, such was
the obstinacy of the Dutch that the question remained unsettled on the
fall of the Grey Ministry. Lord Palmerston's foreign policy was equally
noteworthy in other quarters of the globe. If he could do little for
the revolution in Poland, he could at least preserve constitutionalism
in the Peninsula, where it was threatened by Dom Miguel in Portugal,
and, after the death of Ferdinand in 1833, by Don Carlos in Spain.
On the 22nd of April, 1834, Palmerston, in concert with Talleyrand,
now French Minister in London, drew up the Quadruple Treaty, by which
the two Powers undertook to deliver the Peninsula from the Absolutist
pretenders. Its effect for the time being was remarkable; they both
fled from the country, and constitutionalism was restored.
CHAPTER X.
REIGN OF WILLIAM IV. (_continued_).
The Remainder of the Session--The Coercion Bill carried--Rejection
of the Tithes Bill--University Tests--Prorogation of
Parliament--Brougham's Tour in Scotland--Burning of the Houses
of Parliament--Fall of Melbourne's Ministry--Wellington
sole Minister--Peel forms a Ministry--The Tamworth
Manifesto--Dissolution and General Election--Mr. Abercromby
elected Speaker--The Lichfield House Compact--Peel defeated
on the Address--Lord John Russell announces a Resolution on
Appropriation--Lord Chandos's Motion--Lord Londonderry's
Appointment--The Dissenters and London University--Hardinge's
Tithe Bill--The Appropriation Resolution--The Debate--Peel
resigns--Melbourne's second Ministry--Conservative Successes--Lord
Alvanley and O'Connell--The Duel between Alvanley and
Morgan O'Connell--O'Connell and Disraeli--Character of Lord
Melbourne--Municipal Reform--Report of the Commission--The
Municipal Corporations Act introduced--Its Progress in
the Commons--Lyndhurst's Amendments-It becomes Law--Irish
Corporations--Report of the Commission--The Bill is mutilated in
the Upper House, and abandoned--It becomes Law in 1840--Municipal
Reform in Scotland.
On the 17th of July the new Premier, Lord Melbourne, who, declining, on
the king's suggestion, to form a coalition with the Duke of Wellington
and Mr. Stanley, had made few alterations in the Ministry, announced
a less offensive Coercion Bill for Ireland, which led to an animated
debate, in which Lords Wicklow and Wharncliffe, the Duke of Wellington,
and other peers strongly censured the conduct of the Government for
its alleged inconsistency, vacillation, and tergiversation. The new
Coercion Bill passed quickly through both Houses, and became the law of
the land before the end of the month. The Tithes Bill was rejected in
the House of Lords, on the motion of Lord Ellenborough, by 189 votes to
122.
The English Dissenters were led, notwithstanding the difference in
creed, to sympathise to a considerable extent with Irish Catholics
in their agitation against the Church establishment. Dissenters felt
particularly aggrieved by the tests which debarred them from obtaining
University degrees, which, they justly contended, should be attainable
as a matter of right on equal grounds by citizens of all denominations.
A petition was presented by Lord Grey on the 21st of March in the
Upper House, and by Mr. Spring-Rice on the 24th in the Commons; but
no step was taken in consequence till after the Easter recess, when
Colonel Williams moved an Address to the Crown, praying that the
Universities of Oxford and Cambridge should no longer act under the
letters of James I. Mr. Wood moved an amendment to the effect that it
was more advisable to proceed by Bill, which was carried by a large
majority; but before anything could be done the exclusive spirit of
both Universities was roused to a pitch of violent excitement, and in
the midst of the controversial storm the quiet voice of reason could
not be heard. Mr. Stanley could not see why a man should sign the
Thirty-Nine Articles in order to obtain a literary degree, and he
deprecated the idea that such a subscription should be regarded as a
mere matter of form. Sir Robert Peel was not yet prepared to carry out
fully the principle of religious equality. The Bill, he argued, would
give to Jews, infidels, and atheists a statutable right of demanding
admission into our Universities. Dissenters had been freed from all
civil disabilities by the repeal of the Test Acts, and the Roman
Catholics by the Emancipation Act; a vast change had been effected in
the constitution of Parliament by the Reform Act: and after all those
concessions, were they now to be deprived of an Established Church?
What was the essence of an Established Church? What but the legislative
recognition of it on the part of the State? Parliament was therefore
entitled to say to the Dissenters, "With that legislative recognition
you shall not interfere." In a brief speech, full of sound sense, Lord
Althorp showed the absurdity of those arguments and apprehensions. The
second reading of the Bill was carried by a majority of 321 to 194.
It was opposed by the Speaker in committee, but having there received
some amendments, it was read a third time and passed on the 28th of
July by a majority of 164 against 75. In the Lords it was denounced
by the Duke of Gloucester, Chancellor of the University of Cambridge,
who moved that it be read a second time that day six months. He was
followed by the Duke of Wellington, Chancellor of the University of
Oxford. Lord Brougham ably defended the measure, but in vain. The Bill
was rejected by a majority of 187 against 85. An attempt made by Lord
Althorp to abolish church-rates, and to grant in lieu thereof the sum
of £250,000 from the land-tax, to effect a commutation of tithes, and
to allow Dissenters to get married in their own chapels, was equally
unsuccessful.
On the 15th of August Parliament was prorogued by the king in person.
The Speech referred to the postponement of a final settlement between
Holland and Belgium, which his Majesty regretted. He expressed lively
satisfaction at the termination of the civil war in Portugal, and
disappointment at the recurrence of disorders in Spain. He alluded with
satisfaction to the numerous and important questions that had engaged
the attention of Parliament, more especially the amendment of the
Poor Laws, and the establishment of a central court for the trial of
offenders in the metropolis and its vicinity. The important subjects of
jurisprudence and the reform of municipal corporations remained to be
considered in the next Session.
Immediately on the rising of Parliament O'Connell published a violent
attack in the form of a letter to Lord Duncannon. This was taken up
by Lord Brougham in the course of an oratorical tour which he was
making through Scotland, and a mutual exchange of compliments ensued.
Unfortunately the Chancellor's eccentricity did not stop there. Earl
Grey was not permitted to retire into private life without some popular
recognition of his great public services. On the 15th of September a
grand banquet was given in Edinburgh in honour of this illustrious
statesman. "Probably," says a contemporary chronicle, "no Minister
in the zenith of his power ever before received so gratifying a
tribute of national respect as was paid on this occasion to one who
had not only retired from office, but retired from it for ever. The
popular enthusiasm, both in the capital and other parts of Scotland,
was extreme, which the noble earl sensibly felt, and gratefully
acknowledged as among the proudest circumstances of his life. The
dinner took place in a large pavilion, erected for the occasion in the
area of the High School, and was provided for upwards of 1,500 persons,
more than 600 having been admitted after the removal of the cloth. The
principal speakers were Earl Grey, the Lord Chancellor, and the Earl
of Durham. Earl Grey and the Lord Chancellor, in their speeches, said
they considered that the Reform in Parliament afforded the means by
which all useful improvements might be obtained without violence. Both
advocated a deliberate and careful, but steady course of amelioration
and reform, and both derided the idea of a reaction in favour of Tory
principles of government. The Earl of Durham avowed his opinions in
favour of the ballot and household suffrage, and declared that he
should regret every hour which left ancient and recognised abuses
unreformed." This involved the Lord Chancellor in a new controversy in
which more personalities were exchanged.
On the 9th of August, 1834, a fire broke out in part of the Dublin
Custom House, one of the finest buildings in the United Kingdom. Owing
to the immense quantity of combustible materials, the fierceness
of the conflagration was something terrific. By great exertion the
building was saved. This fire naturally produced a great sensation
throughout the United Kingdom, but it was nothing in comparison to the
interest excited by the burning of the two Houses of Parliament, which
occurred on the 16th of October, 1834. According to the report of the
Lords of the Privy Council, who inquired into the cause of the fire,
the tally-room of the exchequer had been required for the temporary
accommodation of the Court of Bankruptcy, and it was necessary to get
rid of a quantity of the old exchequer tallies, which had accumulated
till they would have made about two cartloads. These tallies had been
used for kindling the fires. On one occasion a quantity of them was
burned in Tothill Fields. There had been a question as to the best mode
of getting rid of them, and it was ultimately resolved that they should
be carefully and gradually consumed in the stoves of the House of
Lords. But the work had been committed to workmen who were the reverse
of careful. They heaped on the fuel, nearly filling the furnaces, and
causing a blaze which overheated the flues. The housekeeper of the
Lords' chamber sent to them several times during the day, complaining
of the smoke and heat, but they assured her there was no danger. About
four o'clock in the afternoon two strangers were admitted to see the
House of Lords, and found the heat and smoke so stifling, that they
were led to examine the floor, when they perceived that the floor-cloth
was "sweating." At six o'clock the pent-up flames broke forth through
the windows, and immediately the alarm was spread in all directions.
The Ministers, the king's sons, Mr. Hume, and others, were presently on
the spot, and did all they could in the consternation and confusion.
The law courts were saved by having their roofs stripped off, and
causing the engines to play on the interior. The greatest efforts were
made to save Westminster Hall, which was happily preserved; but the
two Houses of Parliament were completely destroyed, together with the
Commons' library, the Lords' painted chamber, many of the committee
rooms, part of the Speaker's house, the rooms of the Lord Chancellor
and other law officers, as well as the kitchen and eating-rooms. The
king promptly offered Parliament the use of Buckingham Palace; but it
was thought best to fit up temporary rooms on the old site, and to have
them ready for next Session. The committee of the Privy Council sat for
several days, and during the whole of that time the fire continued to
smoulder among the _débris_, and in the coal vaults, while the engines
were heard to play from day to day within the boarded avenues. As soon
as possible the temporary halls were prepared. The House of Lords was
fitted up for the Commons, and the painted chamber for the Lords, at an
expense of £30,000.
[Illustration: BURNING OF THE HOUSES OF PARLIAMENT. (_See p._ 376.)]
The Ministry had, as a matter of course, been much weakened by the
retirement of Lord Grey; but, having got through the Session, it might
have survived to the next meeting of Parliament but for the death of
Earl Spencer, which occurred on the 10th of November--an event which
removed Lord Althorp to the House of Peers. It was supposed that
this would lead only to a fresh modification of the Cabinet, by a
redistribution of places. For example, Lord John Russell was to succeed
Lord Althorp as the leader of the House of Commons. Lord Melbourne's
Administration seemed to be quietly acquiesced in, as sufficient for
a time; the nation evidently assuming that, in any case, a Liberal
Government was the necessary consequence of a reformed Parliament. The
public were therefore startled when it was announced on the 15th that
the king had dismissed his Ministers. It appeared that Lord Melbourne
had waited upon his Majesty at Brighton, on the 14th, to take his
commands as to the new arrangements he was about to make. But the
king said he considered that Government dissolved by the removal of
Lord Althorp; that he did not approve of the intended construction of
the Cabinet; that Lord John Russell would make "a wretched figure" as
leader of the House, and that Abercromby and Spring-Rice were worse
than Russell; that he did not approve of their intended measure
with regard to the Irish Church; and concluded by informing Lord
Melbourne that he would not impose upon him the task of completing the
Ministerial arrangements, but would send for the Duke of Wellington.
Melbourne returned to town that evening, the bearer of a letter to the
Duke. He communicated the state of affairs to Brougham under pledge
of secrecy, but the Lord Chancellor promptly went to the _Times_ and
gave the editor a report of the circumstances, with the malicious
addition--"The queen has done it all." The king, furious at the insult,
came up to town, and dismissed his Ministers before their successors
were appointed. Meanwhile, the Duke went to Brighton on Sunday, and
advised the king to send for Sir Robert Peel, who was then in Italy. A
messenger was immediately despatched, who in ten days arrived at Rome,
and surprised Sir Robert Peel with the announcement of the king's wish
that he should return to England forthwith. Next morning the right
honourable baronet started for home, and arrived in London on the 9th
of December. The Duke of Wellington details the circumstances of this
Ministerial crisis in a letter to the Duke of Buckingham. According to
his account, the death of the Earl Spencer, which removed Lord Althorp
from the House of Commons, from the management of the Government
business in that assembly, and from the office of Chancellor of the
Exchequer, occasioned the greatest difficulty and embarrassment.
His personal influence and weight in the House of Commons were the
main foundation of the strength of the late Government; and upon his
removal it was necessary for the king and his Ministers to consider
whether fresh arrangements should be made to enable his Majesty's late
servants to conduct the affairs of the country, or whether it was
advisable for his Majesty to adopt any other course. The arrangements
in contemplation must have reference, not only to men, but to measures,
to some of which the king felt the strongest objection. He had also
strong objections to some of the members of the Cabinet. The Duke
was therefore requested to form an Administration, but he earnestly
recommended Sir Robert Peel as the fittest man for the office of Prime
Minister. In the meanwhile he offered to hold the offices of First Lord
of the Treasury and Home Secretary until Sir Robert Peel's return, Lord
Lyndhurst holding the Great Seals temporarily, subject, with all the
other arrangements, to Sir Robert Peel's approbation. On the 21st Lord
Lyndhurst was gazetted as Lord Chancellor, holding in the interim his
office of Chief Baron of the Exchequer, which Lord Brougham, dreading
the prospect of idleness, offered to fill without salary, thus saving
the country £12,000 a year, an offer which exposed him to censure from
his own party, and which he afterwards withdrew.
The plot thickened as it proceeded. It was suspected that the
Conservative section of the Whigs wished for office, and that Sir
Robert Peel wished to have them. Mr. Stanley (now Lord Stanley in
consequence of the death of his grandfather, the Earl of Derby),
Sir. J. Graham, and the Duke of Richmond had a meeting at the Duke
of Sutherland's, to consider what they should do, in consequence of
proposals made to them to join the Administration. But as they would
not pledge themselves to forward Conservative measures to the extent
required, Sir Robert Peel was obliged to form a Government of Tories
exclusively. On the 10th of the month the arrangements were completed,
and the following were announced as the members of the Cabinet:--First
Lord of the Treasury and Chancellor of the Exchequer, Sir Robert
Peel; Lord Chancellor, Lord Lyndhurst; Privy Seal, Lord Wharncliffe;
Secretary of the Home Department, Mr. Goulburn; Secretary of the
Foreign Department, Duke of Wellington; Secretary of the Colonial
Department, Lord Aberdeen; First Lord of the Admiralty, Earl Ripon;
Secretary for Ireland, Sir H. Hardinge; President of the Board of
Control, Lord Ellenborough; President of the Board of Trade and Master
of the Mint, Mr. Baring; Paymaster of the Forces, Mr. E. Knatchbull;
Secretary at War, Mr. Herries; Master-General of the Ordnance, Sir G.
Murray.
Sir Robert Peel did all in his power to form out of the materials
at his disposal a Ministry that should command the confidence of
the country. On the 16th he issued an address to his constituents
at Tamworth, in which he announced the policy that should guide the
new Government. He declared his intention to correct all proved
abuses and real grievances; to preserve peace at home and abroad;
to resist the secularisation of Church property in any part of the
United Kingdom; to fulfil existing engagements with Foreign Powers; to
observe a strict economy in the public expenditure; and promised an
impartial consideration of what was due to all interests, agricultural,
manufacturing, and commercial. He said:--"With regard to the Reform
Bill itself, I accept it as a final and irrevocable settlement of a
great constitutional question; a settlement which no friend to the
peace and welfare of the country would attempt to disturb either by
direct or insidious means. I will carry out its intentions, supposing
those to imply a careful review of old institutions, undertaken in a
friendly spirit, and with a purpose of improvement."
The first Reform Parliament was dissolved by proclamation on the
30th of December, after an existence of only one year and eleven
months. This proceeding was regarded by the Reformers as a sort of
political sacrilege; a manifest flying in the face of the people;
a clear declaration of an intention to destroy popular rights. But
the care bestowed on the registries told strongly in favour of the
Conservatives at the English elections. The exertions they made to
secure a majority were immense. It was believed at the time that the
Carlton Club had expended nearly a million sterling in securing the
success of their candidates in every possible way in which money could
be made available. In the counties and boroughs the Whigs and Radicals
lost about 100 seats, but after all the Conservatives could muster
only 302 members; against 356. The contests were unusually numerous
and severe, but the Reform Act machinery worked so well that the
elections were for the most part conducted in a very orderly manner.
In many places the closeness of the poll was remarkable. It was a
neck and neck race between the rival candidates. In the metropolitan
boroughs the Ministerialists were everywhere defeated. Not one of the
sixteen seats in this vast centre of influence could the Government,
with all its lavish expenditure, obtain. In some of the provincial
towns, however--Bristol, Exeter, Newcastle, Hull, York, Leeds, Halifax,
and Warrington--a Tory supplanted a Whig. At Liverpool the contest
was intensely exciting. During the last hour of polling were seen in
every direction vans, gigs, and flies in rapid motion, and the price
of a vote rose from £15 to £25. The result was the return of Lord
Sandon, a moderate Tory; Sir Howard Douglas, the other Conservative
candidate, being defeated by Mr. Ewart. In Lancashire and Hampshire
both the Liberal candidates were defeated. Manchester, Birmingham,
Bolton, Sheffield, Preston, and most of the manufacturing towns,
returned Liberals. On the whole, the Government had a small majority
of the five hundred English members. In Scotland, however, the Reform
Act had wrought a complete revolution, and the mass of the electors
so long excluded from political power used the privileges they had
obtained with great zeal in favour of the party to which they were
indebted for their enfranchisement. The whole of the burghs, twenty
in number, returned Liberal members. Five of the counties were gained
by the Tories and three by the Whigs, where respectively they had
formerly failed. Glasgow, whose voice had been neutralised by returning
one representative of each party, now returned two Liberals. Serious
disturbances took place at Jedburgh when Lord John Scott, the Tory
candidate, made his appearance. At Hawick, in the same county, the
rioting was still worse. The persons who came to vote for him were spit
upon, pelted with stones, and severely struck. In some cases they were
thrown into the stream that runs through the town, and subjected to the
most shocking indignities, which the judges who afterwards tried the
cases declared to be "worse than death itself."
But the new Government met its Nemesis in Ireland. O'Connell and
the priests were resolved that, so far as in them lay, Protestant
ascendency should not be re-established in that country. The Anti-Tory
Association was but one of many names and forms which the Protean
agitation had assumed, and all were brought to bear with concentrated
power upon every point to secure the defeat of the Ministerial
candidates. Minor differences were sunk for the occasion, and all
forces were combined against the Government. The consequence was
that amongst the large constituencies the cause of Reform was almost
everywhere successful. In Kerry, in Meath, in Youghal, and Tralee,
the candidates returned were the sons and nephew of O'Connell. He
himself stood a severe contest for Dublin, and was returned with Mr.
Ruthven, but was unseated on petition. It was during this contest that
he recommended that a "death's head and cross-bones" should be painted
on the door of every elector who would support the "nefarious and
blood-stained" tithe system.
It was the tremendous exertions of O'Connell and his followers that
secured the triumph of the Liberal party in this memorable struggle.
The first trial of strength was on the election of a Speaker.
Parliament met on the 19th of February, 1835, and Lord Francis
Egerton, one of the members for Lancashire, moved that Sir C. Manners
Sutton, who for eighteen years had filled the chair with the unanimous
approbation of all parties in the House, should be re-elected. Mr.
Denison, one of the members for Surrey, proposed Mr. Abercromby, a
gentleman of high position at the bar, and member for the city of
Edinburgh. The division, it was felt on both sides, would be decisive
as to the fate of the Government, by showing whether or not it was
supported by a majority of the new Parliament which was the response
given to the Prime Minister's appeal to the country. The house was the
fullest on record, there being 626 members present. Mr. Abercromby was
elected by a majority of ten, the numbers being 316 to 306. Sir Charles
Sutton was supported by a majority of the English members--23, but his
opponent had a majority of ten of the Scottish. Still, had the decision
been in the hands of the British representatives, Government would
have had a majority of 13; but of the Irish members only 41 voted for
Sutton, while 61 voted for Abercromby. From this memorable division two
things were evident to the Tories, in which the future of England for
the next half century was to them distinctly foreshadowed; the first
was, that the Ministry was entirely, on party questions, at the mercy
of the Irish Catholic members; the second, that the county members of
the whole empire were outvoted by the borough members in the proportion
of 35 to 20, and that a large majority of the former had declared for
the Conservative side.
It was stated that the overthrow of Peel's Government was decided by
what was called the Lichfield House compact, which made a great noise
at the time. By this compact it was alleged that a formal coalition
had been effected between the Whigs and the Irish Catholics; but they
denied that there was anything formal about the arrangement. There
was a meeting, it is true, at Lichfield House, when Lord John Russell
stated his intentions, and described what would be his Parliamentary
tactics. These met the approval of O'Connell and his friends, and to
that extent alone, even by implication, did any compact exist. There
had also, it appears from Mr. Walpole's "Life of Lord John Russell,"
been certain _pour-parlers_, the result of a formal circular issued
by Lord Duncannon. Mr. O'Connell was accustomed to explain his reason
for supporting the Whigs by a comparison which was not the most
complimentary to them; he said they were like an old hat thrust into a
broken pane to keep out the cold.
Sir Robert Peel hoped that by earnestly promoting practical reforms,
and improving the institutions of the country in the spirit of his
manifesto, he would gradually conciliate a number of members of
independent position and moderate views, so that he might be able to
secure a working majority. He therefore did not resign when defeated
in the first trial of strength on the election of a Speaker; and
the same consideration induced him to hold his ground when he was
defeated on the amendment to the Address. The House of Commons met
for the despatch of business on the 24th of February. The Speech
from the Throne, after lamenting the destruction of the Houses of
Parliament, congratulated the country on the prevalent commercial
prosperity, which, however, was accompanied by a general depression
of the agricultural interest. The king, therefore, recommended to
the consideration of Parliament whether it might not be in their
power, after providing for the exigencies of the public service, and
consistently with the steadfast maintenance of the public credit, to
devise a method for mitigating the pressure of those local charges
which bore heavily on the owners and occupiers of land, and for
distributing the burden of them more equally over other descriptions
of property. When the Address was moved, an amendment was proposed by
Lord Morpeth, which was designed to strike at the very existence of
the new Ministry. It was not a direct censure upon their policy, or
a formal declaration of want of confidence; but it affirmed a policy
materially differing from that which had been announced by Sir Robert
Peel. It expressed a hope that municipal corporations would be placed
under vigilant popular control; that the undoubted grievances of the
Dissenters would be considered; that abuses in the Church of England
and Ireland would be removed; and it lamented the dissolution of
Parliament as an unnecessary measure, by which the progress of these
and other reforms had been interrupted and endangered. This hostile
motion gave rise to a debate of intense earnestness, which lasted four
nights. It was not easy to predict, during the course of the conflict,
which side would be victorious. Even the whippers-in were doubtful of
the issue; but the contest ended in the triumph of the Liberals, who
had a majority of seven, the numbers being 309 to 302. Of the English
members, the Government had a majority of 32; and of the English and
Scottish together, of 16; but in Ireland Sir Robert Peel's supporters
were only 36, while the Liberals mustered 59.
As Ministers did not resign on being placed in a minority the third
time, rumours were industriously circulated by their opponents that
they meant to rule the country despotically; that they were about to
dissolve Parliament the second time, and had resolved to maintain the
army on their own responsibility, without the Mutiny Act. On the 2nd
of March Lord John Russell, referring to these rumours, gave notice
that he intended to bring forward the Irish Appropriation question, and
the question of Municipal Reform. It was for a test of this kind that
Sir Robert Peel waited. In the meantime he denied that he had any such
intentions as those ascribed to him, and compelled Mr. Hume to withdraw
his proposal to limit the supplies to three months. He promised that
Government would bring in a Bill on the Irish Church; but it would
adhere strictly to the principle that ecclesiastical property should
be reserved for ecclesiastical purposes. He declared they would be
prepared to remedy all real abuses when the report of the Commissioners
appointed for their investigation was received.
[Illustration: LORD ALTHORP (3RD EARL SPENCER).]
On the 26th of March the Marquis of Chandos made an attempt to obtain
some relief for the agricultural interest, which was then in a very
depressed state, and the measure he proposed was the abolition of the
malt tax, which brought in the sum of £4,812,000. Sir Robert Peel
prophesied that if this tax were abolished they would be in for a
property tax. He said: "My prophecy is, that if you repeal this tax
you will make an income tax necessary; to that, be assured, you must
come at last, if you repeal the malt tax. You will lay your taxes on
articles of general consumption--on tobacco, on spirits, on wine--and
you will meet with such a storm that will make you hastily recede from
your first advances towards a substitute. To a property tax, then, you
must come; and I congratulate you, gentlemen of the landed interest,
on finding yourselves relieved from the pressure of the malt tax, and
falling on a good, comfortable property tax, with a proposal, probably,
for a graduated scale. And you who represent the heavy land of this
country, the clay soils--the soils unfit for barley--I felicitate you
on the prospect that lies before you. If you think that the substitute
will be advantageous to your interests, be it so; but do not--when
hereafter you discover your mistake--do not lay the blame upon those
who offered you a timely warning, and cautioned you against exchanging
the light pressure of a malt duty for the scourge of a property tax."
The motion was rejected by a majority of 350 to 192.
The Premier was at this time subjected to a great mortification in
being compelled by the House of Commons, and public opinion out of
doors, to cancel the appointment of the Marquis of Londonderry as
ambassador to St. Petersburg. A deep sympathy with the oppressed Poles,
and an abhorrence of the unrelenting despotism of Russia pervaded
the public mind in the United Kingdom. The Marquis of Londonderry
had distinguished himself by sympathies of an opposite kind, and had
characterised the Poles as the Czar's rebellious subjects. It was
generally felt that England could not be fairly represented at the
Court of St. Petersburg by a man of such well-known sentiments. The
press was loud in its condemnation of the appointment, and Mr. Sheil
brought the subject before the House of Commons by moving that an
Address be presented to his Majesty for a copy of the appointment. As
Lord Stanley declared emphatically against the selection of the noble
marquis for such a mission, it was evident that if Government had gone
to a division they would have been defeated. Sir Robert Peel therefore
gave way with a good grace, stating that the appointment had not been
formally made out; and though the House seemed to be interfering
unduly with the Royal Prerogative, he would not advise his Majesty to
persist in it. The motion was then withdrawn, and when Lord Londonderry
read the report of the debate in the papers next day, he immediately
sent in his resignation. In announcing this in the House of Peers, he
said: "Having but one object, and that to serve the king honestly and
to the best of my ability, were I to depart from this country after
what has passed in the House of Commons, I should feel myself, as a
representative of his Majesty, placed in a new, false, and improper
position. My efficiency would be impaired, and it would be impossible
for me to fill the office to which I have been called with proper
dignity or effect. Upon these grounds, I have now to announce that no
consideration will induce me to accept the office which his Majesty has
been graciously pleased to confer on me."
Meanwhile, Sir Robert Peel applied himself with great energy and
diligence to the legislative work that he had proposed for his
Government. On the 17th he moved for leave to bring in a Bill to
relieve Dissenters from the disabilities under which they laboured with
regard to the law of marriage. It was felt to be a great grievance
that Nonconformists could not be married except according to the
rites of the Established Church, to which they had conscientious
objections. Attempts had been made by the Whigs to relieve them, but in
a hesitating manner, and with only a half recognition of the principle
of religious equality. Sir Robert Peel took up the subject in a more
liberal spirit and with more enlightened views. He proposed that, so
far as the State had to do with marriage, it should assume the form
of a civil contract only, leaving the parties to solemnise it with
whatever religious ceremonies they chose. The Bill for this purpose met
the approval of the House, and would have satisfied the Dissenters if
Sir Robert Peel had remained in office long enough to pass it. All the
committees of the preceding year were reappointed, in order to redeem,
as far as possible, the time lost by the dissolution. A measure was
brought forward for the improvement of the resources of the Church
of England, by turning some of the larger incomes to better account,
and by creating two additional bishoprics, Ripon and Manchester. The
Premier did not act towards the Dissenters in the same liberal spirit
with regard to academic education as he did with regard to marriage.
They were excluded from the privileges of the Universities; and yet
when it was proposed to grant a charter to the London University, that
it might be able to confer degrees, the Government opposed the motion
for an Address to the king on the subject, and were defeated by a
majority of 246 to 136.
On the 20th of March Sir Henry Hardinge brought forward the Ministerial
plan for the settlement of the tithe question. It was proposed that
in future tithes should be recoverable only from the head landlord,
and that the owner should be entitled to recover only 75 per cent. of
the amount, 25 per cent. being allowed for the cost of collection and
the risk and liability which the landlord assumed. He might redeem
it, if he wished, at twenty years' purchase, calculated upon the
diminished rate. The purchase-money was to be invested in land or
otherwise for the benefit of the rectors and other tithe-owners. The
arrears of 1834 were to be paid out of the residue of the million
advanced from the Consolidated Fund, and the repayments of the clergy
for the loans they had received were to be remitted. There was a good
deal of discussion on this plan, Lord John Russell contending that it
was the same in substance as the one brought forward last Session by
the late Government. There was, however, some difference between the
two measures. In the former, the landlords were to get two-fifths, or
£40, out of every £100, securing to the clergy 77½ per cent., and
involving an annual charge of 17½ per cent. on the Consolidated
Fund. This was the shape the measure had assumed as the result of
amendments carried in committee. The Ministerial resolution was carried
by a majority of 213 to 198.
But all this was but preliminary to the great battle which commenced
on the 30th of this month and decided the fate of the Ministry. Lord
John Russell, after the House had been called over, moved, "That the
House should resolve itself into a committee of the whole House, to
consider the temporalities of the Church of Ireland, with a view of
applying any surplus of the revenues not required for the spiritual
care of its members to the general education of all classes of the
people, without distinction of religious persuasion." This resolution
was skilfully framed to secure the support of all the Liberal party,
and of the English Dissenters as well as the Irish Catholics; all
of them being able to agree upon it, and to act together without
inconsistency, though each might act from different motives and with
different objects. The discussion was particularly interesting, as it
turned very much upon the great question of religious establishments.
Lord John Russell, Lord Howick, and Mr. Sheil, while fully admitting
that an establishment tends to promote religion and to preserve good
order, contended that it ought not to be maintained where it fails to
secure these objects, and that it must always fail when, as in Ireland,
the members of the Established Church are only a minority of the
nation, while the majority, constituting most of the poorer classes,
are thrown upon the voluntary system for the support of their clergy.
Concurring with Paley in his view of a Church establishment--that it
should be founded upon utility, that it should communicate religious
knowledge to the masses of the people, that it should not be debased
into a State engine or an instrument of political power,--they demanded
whether the Church of Ireland fulfilled these essential conditions of
an establishment. They asked whether its immense revenues had been
employed in preserving and extending the Protestant faith in Ireland.
In the course of something more than a century it was stated that
its revenues had increased sevenfold, and now amounted to £800,000
a year. Had its efficiency increased in the same proportion? Had it
even succeeded in keeping its own small flocks within the fold? On the
contrary, they adduced statistics to show a lamentable falling off in
their numbers.
Such being the facts of the case, the Liberals came to the conclusion
that a reform was inevitable. In order to adapt the Establishment to
the requirements of the Protestant population, there must be a large
reduction, and the surplus funds that remained ought to be applied
to some object by which the moral and religious instruction of the
people would be promoted. The least objectionable mode in which the
money could be applied was the general education of the poor under
the National Board, by which children of all denominations could
be educated in harmony together, as they had been ever since its
establishment. The reformers denied that there was any analogy between
the revenues of the Established Church and private property. The Acts
of Parliament securing those revenues had all treated them as being
held in trust for the benefit of the nation; and after leaving ample
means for the due execution of the trust, so far as it was really
practicable, the Legislature was competent to apply the balance in
accomplishing by other agency than the Protestant clergy, to some
extent at least, the objects originally contemplated by the founders of
the religious endowments.
The case of the Irish Church was stated by Sir Robert Peel, Lord
Stanley, and Sir James Graham, who argued that its revenues were
greatly exaggerated, subjected to heavy drawbacks and deductions.
The vestry cess had been abolished. A tax exclusively borne by the
clergy of three to fifteen per cent. had been laid upon all livings,
and the Church Temporalities Act provided that in all parishes in
which service had not been performed from 1830 to 1833, when a vacancy
occurred, there should be no reappointment, and the revenues of that
living, after paying a curate, should be destined to other parishes
differently situated, but for purposes strictly Protestant. Here was a
provision already made for the progressive diminution or extinction of
the Episcopal Church in those districts where it was not called for,
and could be of no utility. Whence, then, the anxiety to take away a
surplus, which probably would not exceed £100,000 a year, from a Church
already subjected to such heavy and exclusive burdens? It was not
pretended that the object of this appropriation was to apply the income
seized to the payment of the National Debt, or that it was justified
by State necessity. They argued that if the appropriation clause, as
now shaped, once passed into law, not only would the Protestant faith
cease to be the established religion in Ireland, but the measure would
be fatal to the Established Church in England also. In fact, the
Conservatives contended that this was only the first of a series of
measures avowedly intended to annihilate the Protestant Establishment.
O'Connell proposed to confiscate the property of the Church, in order
to relieve the land from its appropriate burdens, and to exempt it from
the support of the poor. They argued, therefore, that on no reasonable
ground could it be maintained that this concession to Irish agitation
could have any other effect than stimulating the agitators to make
fresh demands.
[Illustration: LICHFIELD HOUSE, ST. JAMES'S SQUARE, LONDON.]
The debate lasted four nights, and was kept up with the greatest spirit
and vigour. The division was taken between three and four o'clock
in the morning, when it was found that in a House of 611 members
the numbers were--for the motion, 322; against it, 289; leaving the
Government in a minority of 33. A Cabinet Council was held on the
following day, when it was unanimously resolved to await the result
of the debate on the Irish Tithe question on the same evening. Lord
John Russell, on the report of the committee being brought up, moved
the following resolution:--"That it is the opinion of this House
that no measure upon the subject of tithes in Ireland can lead to a
satisfactory and final adjustment which does not embody the principle
contained in the foregoing resolution." He referred to the principle of
the appropriation clause. On this an animated debate followed, which
lasted till one o'clock in the morning. When the House divided, it was
found that the resolution was carried by a majority of twenty-seven;
the numbers being--ayes, 285; noes, 258. As these divisions took place
on a question of vital policy, Sir Robert Peel had no alternative but
to resign. Accordingly, he announced his decision in the House next
day. After the extraordinary efforts that he had made, and considering
the circumstances in which he had been called upon to assume the reins
of Government, it must have been very painful to him to be thus cut
short in his patriotic labours; but he bore the disappointment with
admirable spirit, and retired from his position so gracefully that he
was warmly cheered from all parts of the House.
[Illustration: SIR ROBERT PEEL.]
It may be as well to dispose here of the Irish Church question; for
although Lord Morpeth, on the part of the Melbourne Administration,
brought in a Bill for settling the Tithe question, which passed
the House of Commons by a majority of 26 votes, and contained the
appropriation clause--in the House of Lords this clause was struck out,
and the Bill was otherwise altered in committee so materially that,
when sent back to the Commons, they scarcely knew their own offspring.
The Bill was therefore disowned, and thrown out.
When Sir Robert Peel delivered up the seals of office, the first
thing the king did was to send for Earl Grey, who declined the task
of forming an Administration. He advised his Majesty to entrust it to
Viscount Melbourne. The business, therefore, devolved upon Melbourne,
and he hastened to complete it out of such materials as he had at his
command. These were substantially the same as those which composed
his former Administration. Lord Brougham, however, was now left out,
as Lord Melbourne, in a series of plain-spoken letters, had already
informed him he would be; also Lord Althorp, who, being in the Upper
House as Earl Spencer, did not seem to have any ambition for the toils
and honours of office. Lord Howick, the eldest son of Earl Grey, became
a member of the Cabinet. There was no Lord Chancellor appointed for
the present, out of consideration for Brougham's feelings. The Great
Seal was put in commission, the three Commissioners being the Master of
the Rolls, the Vice-Chancellor, and Mr. Justice Bosanquet. The offices
were distributed as follows:--Lord Melbourne, Premier; the Marquis
of Lansdowne, President of the Council; Lord Palmerston, Foreign
Secretary; Lord John Russell, Home Secretary; Mr. Charles Grant,
Colonial Secretary; Mr. Spring-Rice, Chancellor of the Exchequer;
Viscount Duncannon, Lord Privy Seal and Chief Commissioner of Woods and
Forests; Lord Auckland, First Lord of the Admiralty; Sir John Hobhouse,
President of the Indian Board; Mr. Poulett Thompson, President of
the Board of Trade; Lord Howick, Secretary-at-War; Lord Holland,
Chancellor of the Duchy of Lancaster. The appointments not in the
Cabinet were--Sir Henry Parnell, Paymaster of the Forces; Mr. Charles
Wood, Secretary to the Admiralty; Sir George Grey, Under-Secretary
of the Colonies; the Honourable Fox Maule, Under-Secretary for the
Home Department; Mr. Labouchere, Vice-President of the Board of
Trade and Master of the Mint; Attorney-General, Sir John Campbell;
Solicitor-General, Mr. Rolfe. The Irish appointments were--The Earl of
Mulgrave, Lord-Lieutenant; Lord Morpeth, Chief Secretary; Lord Plunket,
Chancellor.
The change of Ministers and some additions to the peerage caused
several elections. Mr. Littleton was raised to the Upper House with
the title of Lord Hatherton, and Mr. Charles Grant as Lord Glenelg.
They were promptly replaced by Conservatives. Lord John Russell having
lost his election for South Devon, Colonel Fox made way for him at
Stroud, which borough continued to furnish a seat for the noble lord
during many years. Lord Palmerston had been defeated in Hampshire at
the general election; but Mr. Kennedy retired to make way for him at
Tiverton, which had the honour of being represented by the Foreign
Secretary until his death. Lord Morpeth had to stand a severe contest
in Yorkshire, but he was returned by a large majority.
On the 8th of April the dissolution of the Peel Administration took
place, and on the 18th Lord Melbourne announced the completion of his
arrangements. On that occasion Lord Alvanley asked the Premier if he
had secured the assistance of Mr. O'Connell and his friends, and if
so, upon what terms. Lord Melbourne answered that he did not coincide
in opinion with Mr. O'Connell; that he had taken no means to secure
his support; that he gave the most decided negative to Lord Alvanley's
question; adding, "And if he has been told anything to the contrary,
he has been told what is false, and without foundation." In the House
of Commons, a few days after, Colonel Sibthorpe spoke of O'Connell
as the prompter and adviser of the new Ministry, and said: "I do not
like the countenances of the honourable gentlemen opposite, for I
believe them to be the index of their minds, and I will oppose them
on every point, from the conviction that they could not bring forward
anything that would tend to benefit the country. I earnestly hope
that we shall have a safe and speedy riddance from such a band." This
escapade roused the ire of O'Connell, who instantly rose and said that
he thought the gallant colonel's countenance was, at all events, as
remarkable as any upon the Ministerial benches. He would not abate him
a single hair in point of good-humour. "Elsewhere," he said, "these
things may be treated in a different style. There is no creature--not
even a half-maniac or a half-idiot--that may not take upon himself to
use that language there which he would know better than to make use
of elsewhere; and the bloated buffoon ought to learn the distinction
between independent men and those whose votes are not worth purchasing,
even if they were in the market."
O'Connell was promptly challenged by Alvanley, and declined the combat.
But his second son, Morgan, was resolved not to let the matter rest.
As soon as he heard of the proceedings, he wrote to Lord Alvanley
a very spirited letter, in which he designated the challenge as a
party manœuvre, with no other object than to cast a stigma upon his
father--upon the party to which he belonged, as well as upon the
Government and its supporters. He denounced the proceeding as a
wretched manœuvre--as an utterly ungentlemanly and braggadocio mode of
carrying on party warfare. He adopted his father's insulting language,
not, he said, in the vain hope of inducing him to give satisfaction;
but, lest he should be wrong in that surmise, he intimated that he was
at his lordship's service. This letter was conveyed through Colonel
Hodges. The result was that the parties met at Arlington Street, when
they arranged to have a meeting at a short distance beyond the turnpike
next the Regent's Park, on the Barnet Road. The ground was measured
at twelve paces; the parties took their positions; the word was given,
"Ready--fire." O'Connell fired, but Lord Alvanley did not, owing to a
mistake, and claimed the right to fire, which was refused. Both parties
fired two rounds more without effect, each satisfied that the other had
acted with perfect fairness. There was no apology made on either side.
Mr. Morgan O'Connell soon found that he had no sinecure in undertaking
to give satisfaction with the pistol for all his father's violations
of the code of honour. Shortly after, Mr. Daniel O'Connell referred,
in strong language, to an attack made upon him by Mr. Disraeli at
Taunton:--"In the annals of political turpitude, there is not anything
deserving the appellation of black-guardism to equal that attack upon
me.... He possesses just the qualities of the impenitent thief who
died upon the Cross; whose name, I verily believe, must have been
Disraeli. For aught I know, the present Disraeli is descended from
him; and with the impression that he is, I now forgive the heir-at-law
of the blasphemous thief who died upon the Cross." When Mr. Disraeli
read this tremendous philippic, he wrote to Mr. Morgan O'Connell for
satisfaction, which the latter denied his right to demand. He had not
seen the attack, nor was he answerable for his father's words, though
he had taken up his quarrel with Lord Alvanley. Not being able to get
satisfaction by means of pistols, he had recourse to the pen; and,
certainly, if O'Connell's attack was violent, the retaliation was not
of the meekest. However, ink alone was spilt.
Lord Melbourne on announcing the completion of his arrangements made
a general statement of his policy. In forming his Cabinet he had had
to contend with difficulties "peculiarly great and arduous, and some
of them of a severe and mortifying nature." He had no change of policy
to declare. "His Government would be based upon the principles of a
safe, prudent, and truly efficient reform--principles the tendency of
which was not to subvert or endanger, but, on the contrary, to improve,
strengthen, and establish the institutions of the country; and in
regard to ecclesiastical government, every measure contemplated in
reference to that subject would have for its end the increase of true
piety and religion through the whole of his Majesty's dominions." From
the disposition and character popularly ascribed to Lord Melbourne, it
could not be expected that he should prove an energetic Reformer. The
Earl of Derby mentions a saying of his which often escaped him as a
member of Lord Grey's Cabinet. When they had to encounter a difficulty,
he would say, "Can't you let it alone?" This accords with the portrait
of him presented by Sydney Smith, in his second letter to Archdeacon
Singleton.
Notwithstanding his careless manner, however, there was much sincerity
in the nature of Lord Melbourne; and there is no doubt that he laboured
with an honest purpose to make his Administration useful to the
country, though not with so much activity and energy, or with such
constant solicitude to secure success, as his predecessor had brought
to the task. As it was now advancing towards the end of the Session,
he confined his attention to two great measures of reform--the Irish
Tithe question (of which we have already disposed) and the question
of Municipal Reform. It is scarcely necessary to remark that abuses
in corporations had been a matter of constant and general complaint
for two centuries. But it was hopeless to expect a remedy so long
as the Parliamentary representation was so inadequate and corrupt.
The rotten and venal boroughs, of which the franchise was abolished
or amended by the Reform Act, were the chief seats of abuse. The
correction of the local evil would have been the destruction of the
system by which the ruling party in the State sustained its political
power. There were, therefore, the most powerful interests at work,
restraining each from attempting the work of reform; but by the
Parliamentary Reform Act these interests were abolished, and those
local fountains of corruption could no longer pour their fetid contents
into the legislature. Statesmen now felt at liberty to abate those
nuisances. Yet the work was not as speedily accomplished as might have
been expected. It is true that Lord Grey advised the king to issue a
commission of inquiry in July, 1833, but it was not until the 5th of
June, 1835, that any measure was brought forward upon the subject.
Even then Lord Melbourne had to overcome the dislike of the king, who
distrusted the measure, and thought that, if the corporations were to
be reformed at all, they had best be reformed by granting them new
charters. The commission consisted of twenty gentlemen, who were to
proceed with the utmost despatch to inquire as to the existing state
of the municipal corporations in England and Wales, and to collect
information respecting the defects in their constitution, to make
inquiry into their jurisdiction and powers as to the administration
of justice, and in all other respects; and also into the mode of
electing and appointing the members and officers of such corporations,
into the privileges of the freemen and other members thereof, and into
the nature and management of the income, revenues, and funds of the
said corporations. They divided the whole of England and Wales into
districts, each of which was assigned to two commissioners. Their
reports on individual corporations occupied five folio volumes. The
whole was presented in a general report, signed by sixteen of the
Commissioners.
The number of places in which the inquiries under the commission were
carried on was 237, having a population of 2,028,513. In twenty-five
places the number of corporators was not ascertained; in the others
(212) they amounted to 88,509. The governing body was self-elected
in 186 boroughs. This body elected the mayor in 131 boroughs,
appointed the recorder in 136, and the town-clerk in 135. The number
of corporators exercising magisterial functions was 1,086, in 188
boroughs. In 112 boroughs the corporations had exclusive criminal
jurisdiction, extending to the trial of various descriptions of
offences, and in forty-two their jurisdiction was not exclusive.
Seventeen boroughs did not enjoy any income whatever; in eight the
precise amount could not be obtained. The total income of 212 boroughs
amounted to £366,948; their expenditure to £377,027. 103 were involved
in debts amounting to £1,855,371, and were besides burdened with
annuities amounting to £4,463. In twenty-eight boroughs only were the
accounts published; in fifteen the annual income was under £20; in
eleven it was between £2,000 and £3,000; in five, £3,000, and under
£4,000; in one, £4,000, and under £5,000; in four, £5,000, and under
£7,500; in five, £10,000, and under £12,500; in one, £12,500, and under
£15,000; in one, £15,000, and under £20,000; and in one, £91,000.
The measure, which was founded on the recommendations of the report,
was advocated principally by Lord John Russell, Lord Melbourne, and Mr.
C. Hobhouse. The plan was intended to provide for 183 corporations,
extending to a population of at least 2,000,000. Many of these
corporations governed large and important towns, of which they did not
sufficiently represent the property, intelligence, and population. In
Bedford the corporation composed only one in seventy of the people,
and one-fortieth of the property. In Oxford there were only 1,400
electors, and seldom more than 500 voted at an election. In Norwich
315 of the electors were paupers. In Cambridge there were only 118
freemen, out of a population of 20,000; and while the annual rental
was more than £25,000, the property of freemen amounted to little more
than £2,000. These were only samples of the strange anomalies that
everywhere prevailed. It was obvious to every one that corporations so
constituted were altogether unfitted for the objects which they were
originally designed to answer. On the contrary, they tended directly to
frustrate those objects, and to render the proper government of towns
impracticable. They engendered jealousy and distrust between the small
governing power and the body of the people. A few persons carrying on
the government for their own benefit were connected with a portion of
the lower classes, whose votes they purchased and whose habits they
demoralised. With such a monopoly the grossest abuses were inevitable.
Charitable funds, often large in amount, which had been left for the
benefit of the whole people, were either lavishly distributed among the
venal dependents of the governing body, squandered on civic feasts, or
spent in bribing the freemen in order to secure their votes. In short,
the general if not the universal practice had been to use the powers
of municipal corporations, not for the good government or benefit of
the towns over which they presided--not in order that they might be
well and quietly governed in the terms of the charters, but for the
sole purpose of establishing an interest which might be useful in the
election of members of Parliament.
It was impossible to defend a system like this, and therefore the
Conservatives offered no opposition to the principle of the Bill; their
aim being to save as much as possible of the old system, which had
rendered much more service to them than to the Whigs, and presented
a number of barriers to the advance of democratic power. Sir Robert
Peel, with Lord Stanley and Sir James Graham, who were now the ablest
antagonists their former Whig colleagues had to encounter, pleaded
powerfully for the delinquent boroughs; not for absolute acquittal, but
for mitigation of punishment. They would not go the length of asserting
that freemen were altogether immaculate; for of what body of electors
could that be predicated? The question was not whether it was right to
admit these men for the first time, but whether they should be deprived
of the rights that they and their ancestors had enjoyed for centuries.
The Reformers were the first to propose covertly and insidiously, a
great and important change in the Reform Bill. What did they mean by
first bringing in a Bill which was based on perpetuating the rights of
freemen and recognising them as an integral part of the Constitution,
and now, within three years, bringing in another intending to deprive
them of their rights? Was not this a precedent for breaking up the
final settlement, which might be followed on future occasions? Might
not another Ministry deem it for their advantage to extinguish the £10
electors? And where was this to stop? Could it stop while a fragment
remained of the Reform Act--the boasted second Charter of the people
of England? If there were guilty parties, let them be punished. Let
convicted boroughs be disfranchised; but let not whole bodies of
electors be annihilated because some of their members may have been
corrupt. Were the £10 voters perfectly immaculate? and, if not, on what
principle were they spared, while the freemen were condemned? The Whigs
had created the Reform Act; but now--infatuated men!--they were about
to lay murderous hands upon their own offspring.
[Illustration: THE MANSION HOUSE, LONDON, 1891.]
Thus argued the Conservatives, and not without effect, for the clause
against disfranchising the freemen was carried only by a majority of
twenty-eight; and in the passage through the Lords several important
amendments were carried against the Government, owing chiefly to the
vigorous opposition of Lord Lyndhurst. He proceeded to convert the
Bill into what was called a Conservative arrangement, and when Peel's
moderation was brought up against him, is said to have remarked, "Peel!
What is Peel to me? D---- Peel!" On an amendment which he proposed--to
omit the clause disfranchising the freemen--he defeated the Government
by a majority of 93; the numbers being 130 to 37. He followed up this
victory by a motion to secure to the freemen their Parliamentary
franchise, which was carried without a division. The Commons thought
it better to adopt some of these alterations, however repugnant to
their feelings, rather than lose the measure. The Bill, as amended, was
accordingly passed on the 7th of September. London, with its numerous
and wealthy incorporated guilds, was reserved for future legislation,
which the lavish hospitalities of the Mansion House and Guildhall
postponed to a later date than municipal reformers then thought of.
The Irish corporations were included in the inquiry, which commenced
in 1833. The Irish Commissioners took for their local investigations
the one hundred and seventeen places which had sent representatives to
the Irish Parliament. They found everywhere the grossest abuses. By an
Act of George II., residence had been dispensed with as a qualification
for corporate offices. The effect of this was to deprive a large number
of them of a resident governing body. In some cases a few, very rarely
a majority, of the municipal council were inhabitants of the town.
In others, the whole chartered body of burgesses were non-resident,
and they attended as a mere matter of form, to go through the farce
of electing members of Parliament, or for the purpose of disposing
of the corporate property. In some boroughs the charter gave the
nomination of a member of Parliament to the lord of the manor or some
local proprietor. In others the power of returning the Parliamentary
representative was vested in a small self-elected body of freemen;
almost invariably the power of nomination was actually possessed by
the gentleman known as the "patron" or "proprietor," who could dispose
of the seat as he thought proper, and if not reserved for himself or
some member of his family, it was sold for the highest price it would
bring in the market--treated in every respect as absolute property,
which was transmitted, like the family estate, from father to son. This
property was fully recognised at the Union, and it was by buying it
up at an exceedingly liberal price that Lord Castlereagh was enabled
to carry that measure. By the Act of Union a large number of those
rotten corporations, some of which had not even a hamlet to represent,
were swept away. But a considerable number remained, and of these the
Commissioners of inquiry remarked:--"This system deserves peculiar
notice in reference to your Majesty's Roman Catholic subjects. In the
close boroughs they are almost universally excluded from all corporate
privileges. In the more considerable towns they have rarely been
admitted even as freemen, and, with few exceptions, they are altogether
excluded from the governing bodies. In some--and among these is the
most important corporation in Ireland, that of Dublin--their admission
is still resisted on avowed principles of sectarian distinction. The
exclusive spirit operates far more widely and more mischievously than
by the mere denial of equal privileges to persons possessing perfect
equality of civil worth; for in places where the great mass of the
population is Roman Catholic--and persons of that persuasion are
for all efficient purposes excluded from corporate privileges--the
necessary result is that the municipal magistracy belongs entirely to
the other religious persuasions; and the dispensation of local justice,
and the selection of juries being committed to the members of one class
exclusively, it is not surprising that such administration of the law
should be regarded with distrust and suspicion by the other and more
numerous body."
In pursuance of this report, Mr. O'Loughlin, the Irish
Attorney-General, introduced a Bill, early in the Session of 1836, for
the better regulation of Irish corporations. There still remained,
he said, 71 corporations, which included within their territories
a population of 900,000, while the number of corporators was only
13,000. Of these, no less than 8,000 were to be found in four of the
larger boroughs, leaving only 5,000 corporators for the remaining 67
corporations, containing above 500,000 inhabitants. So exclusive had
they been, that though, since 1792, Roman Catholics were eligible
as members, not more than 200 had ever been admitted. In Dublin
the principle of exclusion was extended to the great majority of
Protestants of wealth, respectability, and intelligence. In a word,
the Attorney-General said that the management of corporations, and the
administration of justice in their hands, was nothing but a tissue of
injustice, partisanship, and corruption. He concluded by laying down a
plan of Reform which would assimilate the Irish corporations to those
of England. On the part of the Conservatives it was admitted that the
greater part of the corporations in Ireland were created by James I.,
avowedly as guardians of the Protestant interests, and to favour the
spread of the Protestant religion; and that ancient and venerable
system this Bill would annihilate--a revolution against which they
solemnly protested, even though it covered many abuses which had crept
into it during the lapse of time. They were quite appalled at the
prospect of the evils that this Bill would produce. Borough magistrates
were to be elected by popular suffrage. What a source of discord and
animosity! First, there would be the registration of the voters, then
the election of the town councillors, and then the election of the
mayor, aldermen, and town clerks. What a scene would such a state of
things present! How truly was it said that the boroughs would be the
normal schools of agitation! Then what was to become of the corporate
property, which yielded an income of £61,000, while the expenditure was
only £57,000, and the debt charged on it only £133,000? Was all this
property to be placed under the control of the priests, whose influence
would determine the elections?
The second reading of the Bill was not opposed, but Lord Francis
Egerton, with Sir Robert Peel's concurrence, moved that the committee
should be empowered to make provision for the abolition of corporations
in Ireland, and for securing the efficient and impartial administration
of justice, and the peace and good government of the cities and towns
in that country. The Tories thought it better that there should be no
corporations at all, than that their privileges should be enjoyed by
the Roman Catholics. The motion was lost by a majority of 307 to 64,
and the Bill ultimately passed the Lower House by a majority of 61. In
the Upper House a motion similar to that of Lord Francis Egerton was
moved by Lord Fitzgerald, and carried in a full House by a majority of
84. Other amendments were carried, and it was sent back to the Commons
so changed that it was difficult to trace its identity. Lord John
Russell said that it contained little or nothing of what was sent up:
out of 140 clauses, 106 had been omitted or altered, and 18 new ones
introduced. He moved that the amendments of the Lords be rejected, and
that the Bill be sent back to the Upper House. The motion was carried
by a majority of 66, the numbers being 324 to 258. But the Lords
refused by a majority of 99 to undo their work; and upon the Bill being
returned to the Lower House in the same state, Lord John Russell got
rid of the difficulty by moving that the Bill should be considered that
day three months.
Notwithstanding the hopes which might have been fairly entertained that
the measure of Reform would have been rendered complete throughout the
kingdom, a considerable time elapsed before its benefits were extended
to the sister country; and a large amount of persevering exertion
was required before a measure for the purpose was carried through
Parliament, although its necessity was unquestionable. This arose
from certain difficulties which it was not found easy to overcome,
so as to meet the views, or, at least, to secure the acquiescence,
of the various parties in the House. And hence it happened that it
was not until 1840 that an Act was passed for the regulation of
municipal corporations in Ireland, after repeated struggles which had
to be renewed from year to year, and the question was at length only
settled by a sort of compromise. On the 7th of February, 1837, Lord
John Russell moved for leave to bring in the Irish Municipal Bill,
which was passed by a majority of 55; but the consideration of it was
adjourned in the Peers till it was seen what course Ministers were to
adopt with regard to the Irish Tithe Bill. Early in 1838 the Bill was
again introduced, when Sir Robert Peel, admitting the principle by
not opposing the second reading, moved that the qualification should
be £10. The motion was lost, but a similar one was made in the Upper
House, and carried by a majority of 60. Other alterations were made,
which induced Lord John Russell to relinquish his efforts for another
year. In 1839 he resumed his task, and the second reading was carried
by a majority of 26. Once more Sir Robert Peel proposed the £10
qualification for the franchise, which was rejected in the Commons,
but adopted in the Lords by nearly the same majorities as before. Thus
baffled again, the noble lord gave up the measure for the Session.
In February, 1840, the Bill was introduced by Lord Morpeth with a
qualification of £8. Sir Robert Peel now admitted that a settlement of
the question was indispensable. With his support the Bill passed the
Commons by a majority of 148. It also passed the Lords, and on the 18th
of August received the Royal Assent.
Fortunately, Municipal Reform in Scotland did not give much trouble.
It was accomplished almost without any discussion or party contention.
It was based upon the provisions of the Scottish Reform Bill, which
settled the whole matter by the simple rule that the Parliamentary
electors of every burgh should be the municipal electors; also that
the larger burghs should be divided into wards, each of which should
send two representatives to the town council, chosen by the qualified
electors within their respective bounds; and that the provost and
bailies, corresponding to the English mayor and aldermen, should be
chosen by the councillors, and invested with the powers of magistrates
in the burgh. The functionaries were to be elected for three years, and
then to make way for others elected in the same manner to succeed them.
They were invested with the control and administration of all corporate
property and patronage of every description.