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The bill was taken to the lords and read a first time on the same evening. Lord Melbourne moved the second reading on the 20th, and in doing so entered into a full explanation of the details of the bill, and emphatically called upon the peers to support it, as they valued the preservation of the monarchy, laws, and liberties of England. He would not say that monarchy was the best form of government that ever existed, but an attempt to alter it in this country would be the height of insanity and crime. The only opposition to the measure in the house of lords came from Lord Brougham, who contended that due consideration had not been employed either in the framing or passing of this bill. The wisdom of making a definite arrangement for the life of a sovereign who might be expected to reign for the next half century was questionable; and yet this was to be done, and a civil list voted which exceeded that of lier majesty's predecessors, while parliament was left in the dark as to those very important revenues possessed by the crown, the incomes of the duchies of Cornwall and Lancaster. After a few words from the Duke of Wellington, who expressed his apprehensions that the bill did not contain a sufficient provision for pensions, the bill went through the committee, and was afterwards read a third time and passed without a division. It was customary that the royal assent should be given to bills of this nature in person, and the queen went in state to the house of lords on the 23rd of December for that purpose. On presenting the bill, the speaker observed, that it had been framed in "a liberal and confiding spirit," on which the queen bowed her acknowledgment, and after the royal assent had been given to that and other bills, her majesty left the house.
On the 11th of December, a message was brought from the queen to both houses, recommending to the consideration of parliament the provision made by law for the support of her royal highness the Duchess of Kent, and expressing her majesty's reliance on their zeal and loyalty to adopt such measures for the future provision of the duchess as her rank and station, and increased proximity to the throne might require. On the following day this message was taken into consideration by a committee of the house of commons, when an additional grant of L8000 a year, raising the annual income of the duchess to L30,000, passed without much discussion.
THE SUBJECT OF THE PENSION LIST.
The chancellor of the exchequer redeemed a pledge which he had given in the debate on the civil list, by moving "for a select committee to inquire how far pensions granted in virtue of the first of William IV. c. 24, and charged on the civil list, and in virtue of second and third William IV. c. 116, charged on the consolidated fund, ought to be continued, having due regard to the just claims of the parties, and to economy in the public expenditure." Mr. Spring Rice, on this occasion, gave a brief history of the pension list. Sir Robert Peel opposed the motion, and moved a series of resolutions, declaring it advisable to make such provision as should enable the crown to continue all such pensions as had existed at the accession of the late king, or had been granted by him during his reign. This amendment was seconded by Lord Elliot, and supported by several Conservative members. Mr. Harvey took the lead in opposing it. Mr. Spring Rice closed the debate by endeavouring to vindicate himself from the charge of inconsistency; and on a division the motion for a committee was carried by a majority of two hundred and ninety-five against two hundred and thirty-three.
INTELLIGENCE FROM CANADA—DISCUSSION ON THE SUBJECT—ADJOURNMENT OF THE HOUSE.
The settlement of the civil list left ministers at liberty to move the immediate adjournment of the house. Before they separated, however, news arrived of a revolt in Canada. On the 22nd of December, Lord John Russell rose to move the order of the day, for the house to resolve itself into a committee of supply, and at the same time took occasion to state that, although no measures could be taken by the house with regard to Canada, he nevertheless did not consider himself justified, in the actual condition of that province, to move the adjournment of the house beyond the 16th of January. The present state of affairs was this: the assembly having been convened to consider the resolutions passed in parliament, had been adjourned on their refusal to entertain the supplies, or to proceed to business. Despatches, subsequently received from Lord Gosford, showed that the intention was not to seek redress by means of that assembly, but to extort it by violence from her majesty's government. In this state of things Lord Gosford had tendered his resignation, which had been accepted, and the administration of affairs entrusted to Sir John Colborne, in whose judgment and abilities government felt the highest confidence. They had declared to that officer that, though they were reluctant to resort to means of extreme severity, yet, nevertheless, if he found it necessary to proclaim martial law in the province, they would take upon themselves the responsibility. Accounts of open disturbance had been recently received; and there was reason to believe that a collision had taken place between her majesty's troops and persons in arms for treasonable purposes. He thought that government had done their duty in the measures they had taken. On the morrow he purposed to produce such details from Lord Gosford's despatches as might be communicated without injury to the public service, and would call upon parliament, in January, for such measures as the exigency of the case might demand. Mr. Leader applauded the resort of the Canadians to arms, and derided as desperate every effort of the government to put them down; their cause was considered a common one by all our North American colonies. Sir William Molesworth and Messrs. Grote and Warburton all expressed their sympathy for the Canadian insurgents, and augured their success. A discussion ensued, in which the Radical leaders denounced the mother country in terms as strong as any employed by the leaders of the Canadian insurgents. Mr. Warburton advocated the separation of the colony from the empire. Mr. Gladstone maintained a just view of the dispute between the colony and the mother country, but so mystified his arguments by useless subtleties and verbosity, that the speech failed to produce an effect corresponding to its substantial merits. Mr. Leader boldly expressed his complacency in the dismemberment of the empire, and the speech of the hon. member was denounced by Mr. George F. Young as disloyal. Sir George Grey made a sensible speech, expository of the true condition of Canadian affairs. Mr. Maclean exposed and denounced the conduct of Mr. Papineau, the leader of the French Canadian insurgent party. Lord John Russell delivered a speech sound and statesman-like, which completely "carried the house with the government." As usual when ministers were at issue with their Radical supporters, the Conservative party took no prominent share in the debate. On the following day both houses of parliament adjourned to the 16th of January.
STATE OF THE CONTINENT.
War still continued in Spain. At the close of the last year the troops of the queen had succeeded in the relief of Bilboa, an event which had the effect of giving rise to dissensions among the Carlists. After this event, many weeks were spent by the Christino commanders in concerting a combined movement upon the Carlist lines in Guipuscoa. An attack was made upon them by General Evans on the 15th of March. His forces were collected at Loyola, the right of the line being composed of Spaniards, and the left of the British legion, which amounted to between four and five thousand men. The attack was at first successful: the Carlists, having maintained a furious fire, after a five hours' conflict abandoned their last defence, and fell back to Hernani. On the following day, however, matters took a different turn: while the victorious troops were preparing to descend upon Hernani, on a sudden solid masses of infantry appeared behind the town, under the command of Don Sebastian. These troops consisted of ten fresh battalions; and their charge was so impetuous, that the British legion and the Spanish troops were obliged to give way. From this time the army of Don Carlos gained courage, and province after province was invaded by his guerilla chiefs. Still no decisive event favoured his design upon the Spanish throne. In one grand point he, however, succeeded, that of annihilating or dispersing the British legion. Unsupported by the people for whom they fought, many of them were slain in various engagements of desultory warfare; and at length those who remained laid clown their arms, and the British auxiliary legion ceased to exist. Before this event General Evans had returned to England, disheartened by the want of co-operation in the Spanish generals. But the year closed, and the Carlists and Christinos were still arrayed in arms against each other. People of the same nation and the same blood were seeking each other's destruction with a deadly animosity.
In Portugal, also, there were strifes and divisions, and rumours of intended insurrections. In that country, moreover, the British who had defended the cause of the queen were ill treated. The unpopularity of the English increased daily, and the ambition and selfishness of Great Britain were the constant themes of the popular press. So odious were our countrymen that the English admiral in the Tagus thought it necessary to issue the following general order to his captains:—"The unsettled state of the country, and the differences known lately to have existed between her most faithful majesty and her present ministers, as well as the difficult position in which his royal highness Prince Ferdinand is placed with regard to the Portuguese people, and the great suspicion with which all foreigners he brought here into his service are viewed, renders it necessary that the utmost caution, should be observed by the English residing in Portugal with respect to private interviews either with her most faithful majesty or her august consort, that neither the government nor the people may have a pretext for entertaining any undue impressions of the intentions of England. It is therefore my most positive orders that you do not yourself call at the palace, nor permit any officer to do so without my previous sanction." The British ambassador sought, though in vain, to obtain justice for the officers and soldiers who had been in Don Pedro's service, and whose claims upon the Portuguese government remained unliquidated. A royal order appeared, indeed, informing "the foreigners lately in the service of her most faithful majesty," that if they were dissatisfied with the decision of the commissioners to whom their claims stood referred, "the law was open to them." This was most unsatisfactory, as the Portuguese courts of law are notorious for corruption. The privileges of the British, indeed, ceased to be respected in Portugal, and their claims were set aside. They were restrained from carrying on retail trades, which they had hitherto done by virtue of early treaties, and as they were entitled to do by law. At the same time, disputes were constantly taking place on the Tagus between the crews of British vessels and the custom-house officers.
CHAPTER XLIX.
{VICTORIA. 1838—1839}
Parliament reassembles: Debates on Canada; Address to the Throne moved by Lord John Russell; Bill for suspending; the Lower Canadian Constitution..... The Question of Election Committees..... Motion for the Ballot..... Parliamentary Qualification Bill..... Personal Attacks..... Revival of Anti-slavery Agitation..... Debates on the Irish Poor-law Bill: the Bill carried in the Commons..... Motion for the Repeal of the Appropriation Clause..... Ministerial Plan for settling the Tithe Question..... Committee of the House of Commons upon the Irish Municipal Bill; the Bill rejected..... The Coronation..... Debates in the House of Commons on the Irish Tithe Question..... The Irish Poor Law Bill carried in the Lords..... Projected Formation of a Colony in New Zealand..... Financial Statements..... Motion for Repeal of the Corn Laws..... Various Improvements in the Law..... A Select Committee to inquire into the Operation of the Poor Laws..... Combinations in England and Ireland..... Debates in Parliament on John Thorn, alias Sir William Courtenay..... Committee on Church Lands..... Act for abolishing Pluralities..... The Subject of Education discussed in both Houses..... The Question of Canada renewed..... Queen Prorogues Parliament..... Disaffection among the Working Classes..... Proposed Reduction of the Rates of Postage..... The State of Ireland..... The Affairs of Canada..... The State of the Continent.
PARLIAMENT REASSEMBLES—DEBATES ON CANADA—ADDRESS TO THE THRONE MOVED BY LORD JOHN RUSSELL—BILL FOR SUSPENDING THE LOWER CANADIAN CONSTITUTION.
{A.D. 1838}
Parliament reassembled on the 16th of January. The first subject brought under notice was the affairs of Canada. This subject was introduced by Lord John Russell, who, after recapitulating the principal events that had occurred since the connexion of that colony with Great Britain down to the report of the Committee in 1828, took up his ground on that report, which the assembly of Lower Canada had characterised as "an imperishable monument to the justice and profound wisdom of the committee, an authentic testimonial of the reality of their grievances and of the justice of their complaints, faithfully interpreting their wishes and their wants." It might have been supposed, said his lordship, that after the people and the government of this country had proved themselves anxious to perform all that was asked for, and that was indicated by the reports of the committee, the Canadians would have been not only satisfied, but willing to express their cordiality towards the British government. The case, however, was the very reverse of this. On the 6th of December, 1828, the house of assembly resolved, "That on the permanent settlement before mentioned being effected, it would be expedient to render the governor, lieutenant-governor, or person administering the government for the time being, the judges and executive councillors, independent of the annual vote of that house, to the extent of their present salaries." Having adverted to other resolutions indicative of the growing dissatisfaction of the Canadians, Lord John Russell proceeded to state what had been done in order to remedy the grievances set forth in those resolutions. The independence of the judges was demanded; and Lord Ripon, then colonial-secretary, had fully concurred in its reasonableness, and had suggested a method for carrying it into effect. The house of assembly, however, instead of following out that suggestion, tacked to the law by which the independence of the judges was to be secured, certain provisions relating to the hereditary revenues of the crown, and to the establishment of a court of impeachment for the judges. Then as regarded the subject on which the widest difference between the assembly and the imperial government had existed, no opposition had been offered to the terms of the assembly's resolutions. The judges were informed, instantly, that, with the exception of the chief-justice, it was no longer desirable that they should sit in the legislative council; and a number of persons were added to that body totally independent of the crown, and giving a great majority in the council to those who were unconnected with the government. Of the forty members in the council, indeed, not less than eighteen were French Canadians: many of the members of English origin had quitted the province, and but seven remained in official connexion with the government. Another grievance related to the crown and clergy reserves; and Lord Ripon had declared it was time to put an end to the old system; and only differed from the assembly in wishing to prevent an undue facility from being afforded to poor and improvident purchasers of waste lands. Concessions had also been made with reference to the property of the Jesuits, which had been ordered to be applied to educational purposes; and on the much-contested, question of the duties collected under the earlier acts, and which the crown had, according to law, the right of appropriating. The Canadians, however, made but a poor return for these concessions. In 1833, a supply-bill, containing the most unusual conditions, passed the house of assembly; and in the following year the assembly adopted a course which had led to the present difficulties. It passed ninety-two resolutions, some of grievance, some of eulogy, and some of vituperation, and amounting in the whole to a long and vehement remonstrance; and after spending an entire session in framing it, it separated without having passed any bill of supply. Since that time no supplies had been voted. The demeanour of the house of assembly in the following years remained unaltered. At the commencement of his speech, Lord John Russell proposed a bill to suspend for a certain time the existing constitution of Lower Canada; and at the same time moved an address pledging the house to assist her majesty in restoring tranquillity to her Canadian dominions, His lordship in the course of his speech gave an outline of the intended bill. Mr. Hume entered at considerable length into a recapitulation of the past and present grievances of the Canadians. He laid the blame of all that had passed upon the government; and said that "it was not the man who shed blood, but the man who stimulated him to shed it, who was the guilty party." Mr. Grote likewise opposed the proposed address. He threw the responsibility of the failure of the measure which had been taken to adjust the financial disputes, upon Lord Ripon. Not content, he said, with advancing a claim to the appropriation of the casual and territorial revenues to the purposes of civil government without the consent of the house of assembly, that noble lord had thought fit to propose to make them over to the clergy; a step which was at once novel and preposterous, and only embroiled matters still further. Sir Robert Peel promised his cordial assent to the address, because this country had acted with justice and liberality towards Canada. He thought that the military force in the colony should have been immediately increased. In reply, Lord Howick endeavoured to show that the government was not culpable in omitting to back their resolutions of the last year with a military force. He argued that regiments were not necessary to put down meetings: they could not stop speeches, prevent resolutions, or obtain juries to convict men for seditious practices. An additional regiment introduced into Halifax had, in fact, served greatly to increase the existing discontents. Mr. Charles Buller supported the address: the law should be vindicated, and the insurgents put down without parley, unless we were prepared to consent to a separation, and leave Canada to itself. There was no ground for separation, nor could we with any regard to the interests of the colony consent to abandon it; but we ought to comply without delay with all the just demands of the Canadians. Mr. Leader complained of being taken by surprise; and wished the house to adjourn for the purpose of giving himself and his friends time to consider what course they should take, and an opportunity of refuting the "fallacies contained in the noble lord's speech." This was opposed by Lord John Russell; and on a division the motion for an address was carried by one hundred and eighty-eight against twenty-eight.
On the following day Lord John Russell brought in his proposed bill for the suspension of the existing constitution of Canada. Its leading object was to enable the governor-general and council, on the motion of the governor, to pass any laws which might be considered necessary, during the present suspension of the legislature of the province. In addition to the means for suppressing the insurrection, the bill would authorise the governor-general to grant a general amnesty. With respect to the future government of Canada, his lordship said, that it was the intention of ministers that the governor-general should be invested with power to convene a certain number of persons; namely, three from the legislative councils of each of the two provinces, and ten "representatives" from each, to form a council to concert with the governor-general as to the measures which might be deemed advisable for the adjustment of the affairs of the province. The persons to be named would be chosen by the governor-general, while those who were to be convened, having a "representative character," might of course be taken from the legislative assembly. But as in Lower Canada it was almost impossible that the assembly would be brought to act beneficially, it would be competent to the governor-general, both in the upper and lower province, to hold elections for persons, amounting to twenty in the whole, to concert with him upon the general state of affairs. Sir Hussey Vivian said that Mr. Hume had constantly stated in that house that he anticipated a revolt. No man had a greater right to foretell such an event. The man Martin had recently foretold the destruction of Yorkminster; and he had set it on fire to fulfil his prediction. In that same manner Mr. Hume had taken measures for the fulfilment of his prophecy. Sir George Grey, the under-secretary for the colonial department, in reply to some doubts which had been raised by Mr. Hume, with respect to the loyalty of the other North American colonies, cited facts to prove that the best possible spirit existed in Nova Scotia and New-Brunswick. Mr. Grote presented a petition from Mr. Roebuck, praying that he might be heard at the bar in defence of the house of assembly of Lower Canada, and in opposition to the ministerial bill. Lord John Russell thought that the house should be allowed time to consider precedents; and after some further conversation Mr. Grote gave notice that he should call the attention of the house to the subject on the 22nd instant.
The subject of Canada was brought before the lords on the 18th by Lord Glenelg, who moved an appropriate address to the queen. After adverting to the disturbances in that province, he made reference to the intended bill. With respect to ulterior arrangements his lordship saw great difficulties in the way of a legislative union between the two provinces, but thought that considerable advantage might be made of a federal union. In conclusion, his lordship defended the conduct of government in not having provided more troops for the suppression of the insurrection. Lord Brougham ridiculed Lord Glenelg's despatches, to which that noble lord had referred in his speech. The despatches were certainly the products of a mind inadequately furnished with the experience and knowledge necessary for the task imposed upon it, but the honest intentions of the writer were equally apparent, and might have protected him from the kind of invective to which the noble logomachist subjected him. The whole speech of Lord Brougham was as damaging to himself as to the government which he assailed. He pursued the government with his irony and abuse, not because they fell beneath him in point of honour or principle, but because they refused him their confidence as Lord Chancellor, when his indiscretions and bullying rendered him alike odious to the court and unendurable to the cabinet. His lordship might fairly be considered as much the "standing counsel" for the rebellious Canadians in the lords, as Mr. Roebuck was in the commons. Nevertheless, the denunciations of the government by the eccentric peer were in the main grounded upon their errors and vacillation, and these vices in their administration were depicted with a scathing eloquence, and a malignant spirit. Lord Brougham played the part of a mere partisan, and was set down by the country for such. The patriotic prestige associated with his name passed away. Lord Melbourne, in reply, characterized Lord Brougham's speech as "a laboured and extreme concentration of bitterness." Concerning the charge against ministers of neglect in not providing against the possibility of an outbreak, his lordship said, that it was a difficult question which they had at the time to decide. By not re-enforcing the troops they ran the hazard of what had in fact occurred; but, on the other hand, had a considerable force been sent out, there would have been an end to all chance of an amicable termination of the disputes. It would have been instantly said, that we were filling Canada with troops, and thus manifesting a fixed intention of putting down public opinion by the force of arms. The Duke of Wellington thought that the proceeding's should have originated in a message from the throne. With reference to the military force, he said, that he must do ministers the justice to say that he could not blame them for not having taken more active measures. He knew several officers in Canada; and the opinions of these officers, as communicated to him, were, that there was not the smallest reason to apprehend anything like insurrection in Lower Canada. At the same time his grace said, that he could not understand, when ministers had found it expedient to move troops from Nova Scotia and New Brunswick into Canada, they did not despatch fresh troops to supply the vacancy thereby occasioned. After a few words from Lord Ripon, who condemned the conduct of government, the Marquess of Lansdowne applauded the candid terms in which the Duke of Wellington had expressed his opinion on the military part of the question. The Earl of Durham, who was about to go to Canada as governor, said, that it was impossible for words to express the reluctance with which he had undertaken the arduous task, and incurred the awful responsibility which must await him in his endeavours to execute the objects of his mission. Nothing but the most determined devotion to her majesty's service, and the welfare of his country, could have induced him to place himself in a situation in which he feared he should neither answer the expectations of his friends nor of the nation. Having noticed the various tasks which would devolve upon him, his lordship said, with an apparent foreboding of what was to ensue, that he could not perform them without the cordial and energetic support of her majesty's cabinet, and the co-operation of the imperial parliament. Lord Glenelg closed the debate by retaliating on Lord Brougham for his fierce denunciations, and by contrasting his conduct with that of the Duke of Wellington, whose candour and magnanimity he warmly applauded. The address was agreed to.
According to notice, Mr. Grote, on the 22nd, moved that Mr. Roebuck be heard at the bar on behalf of the assembly of Lower Canada. Mr. Roebuck relied on his title to be heard as general agent for Canada, but Mr. Gladstone said that he was not aware of any constitutional right or privilege of colonies to appoint agents with powers of this general description. If allowed in practice, it must lead to interminable confusion. Lords John Russell and Stanley also expressed their aversion to hearing Mr. Roebuck as an agent of Canada; but the motion was nevertheless acceded to. On the motion of Lord John Russell, the bill for suspending the constitution of Lower Canada was read a second time; after which Mr. Roebuck proceeded to address the house from the bar. His speech was by no means conciliatory; on the contrary, his care seems to have been to select such topics as were most likely to prove generally offensive to its temper and prejudices. In one passage he remarked:—"Talk to me of being frightened at being called a traitor—at being told that my life is forfeited—at the newspapers setting forth that I am to be sent to the Tower! Do you think that I am to be frightened by such petty warfare? If I be guilty, why are there not some who dare accuse me lawfully? My papers have been seized: let them be produced. I have not run away; because I know that there is a jury in England who will render justice to the accused." On Mr. Roebuck's withdrawal, Mr. Hume moved the postponement of the committal to that day six months. This motion was opposed by Sir George Grey, who replied to Mr. Roebuck's speech in a very able harangue. The subject was renewed on the 23rd by Sir William Molesworth. Mr. E. L. Bulwer gave ministers his cordial support. He thanked them for their determination to uphold the integrity of the empire, and the maintenance of the laws; and he thanked them as a friend to a liberal and popular policy, for their declared resolution to redress the grievances of Canada. He would ask Mr. Warburton and his friends, whether they were aware that till within the last seventy years printing-presses were forbidden in Canada; that at the present day the vast majority of the electors could neither read nor write; and that it often happened that the foreman of a jury could not give in the verdict because of his inability to read it? Was this a colony fit for independence? If it were a republic to-morrow, it would be a monster in legislation—half-jacobinism, half-feudalism. Mr. Bulwer designated Mr. Warburton and his friends, in the course of his speech, by the term "philosophical Radicals." Mr. Grote, in reply, said that the designation was quite as respectable as that of "literary Whig." The debate was closed by Lord John Russell. On a division the motion for going into committee was carried by a majority of two hundred and sixty-two against sixteen.
On the 25th Lord John Russell, in moving that "the speaker leave the chair," informed the house that in looking over the bill he had discovered a number of verbal amendments to be necessary, and as it was desirable that these should be introduced before the discussion was resumed, he moved that the house should go into committee pro forma, in order to afford an opportunity for making the requisite alterations. Upon the question being put that the speaker leave the chair, Mr. Warburton rose and made a long speech in opposition, which was utterly devoid of any practicable suggestions. A long and rambling debate followed, without any result.
The house finally went into committee on the bill, and proceeded to consider its several clauses and the amendments proposed. The bill was read a third time, and passed on the 29th of January, by a majority of one hundred and ten against eight; the few non-contents being Radicals.
The bill came before the house of lords on the 2nd of February, when it was opposed by Lord Brougham, in a speech of great length, and in an acrimonious spirit. Lord Aberdeen also, though he supported the measure, expressed his contempt of the conduct of the government. Lord Melbourne had quietly endured the repeated attacks which had been made upon ministers; but on this occasion he retorted upon Lord Brougham's censures with effect, convicting him of a change of principles. Lord Brougham, however, denied that he had changed his principles: it was the changed conduct of others that had compelled him to oppose them. The Duke of Wellington reproduced many of the objections that had been urged in the other house; and Lord Wharncliffe, after censuring the conduct of ministers, gave a reluctant assent to the bill. On the 5th of February, Mr. Roebuck, on the motion of Lord Brougham, was heard by the house as agent of the house of assembly of Lower Canada; but his speech could not arrest the progress of the bill. It was passed on the 8th of February; Lords Ellenborough, Fitzwilliam, and Brougham entering their protest against it on the journals of the house, though on different grounds.
The more important provisions of this bill were that the constitution of Lower Canada was suspended till November, 1840; that her majesty in council was empowered to constitute a special council, and to appoint, or authorize the governor to appoint, such and so many special councillors as she might think proper; that, until November, 1840, it should be lawful for the governor, with the advice and consent of the majority of the said councillors convened for the purpose, to make such laws or ordinances for the peace, welfare, and good government of Lower Canada, as the legislature of that province, at the time of passing the act, was empowered; and that all laws or ordinances so made, subject to the provisions thereinafter contained for disallowance thereof by her majesty, should have the like force and effect as laws passed by the legislative bodies. The governor was further to have the initiative of all measures proposed in the council, five of whom were required for a quorum. Certain restrictive provisoes followed these provisions; and it was directed that a copy of every such law or ordinance "be transmitted to the home government;" and her majesty was empowered, by an order in council, to disallow the same at any time within two years of its receipt.
THE QUESTION OF ELECTION COMMITTEES, ETC.
The necessity of an alteration in the mode of trying controverted elections under the Grenville act had been for some time recognised. A committee had been appointed to examine into this subject in 1837; and Mr. Charles Buller, who had been chairman of that committee, had, on the 21st of November last, obtained leave to bring in a bill similar in its provisions to one which had been in the hands of members in the preceding session, though it had not been discussed. This bill, in its original shape, provided that three assessors, barristers of seven years' standing, should be appointed by the speaker to act as chairmen of election committees for the session only, and as a court of appeal from the revising barristers on matters of law. Subsequently, when this bill was in progress, it was thought better that the first assessors should be named in the act, and that the future appointments should be placed at the disposal of the speaker, subject to the confirmation of the house. On the same day Mr. O'Connell said that he also had devised a plan, which he was anxious to submit to the consideration of the house; and he likewise obtained leave to bring in a bill for a similar purpose. Mr. Buller's bill came on for the second reading on the 27th of November, when it was opposed by Lord Stanley, who moved that the second reading be postponed till the 12th of May, in order that the question might receive a fuller consideration. Mr. Williams Wynn approved of the bill; and Mr. O'Connell abandoned his own in its favour. Lord John Russell recommended that the bill should be read a second time, thinking that it at least provided some remedy for the evils complained of. On a division the second reading was carried by a majority of two hundred and fourteen against one hundred and sixty. Nothing further was done, however, before Christmas, except that there was much discussion on the subject of election committees.
The house of commons was again occupied with the subject of controverted elections on the 2nd of April. On the motion for the recommittal of Mr. C. Buller's bill, Sir Robert Peel rose for the purpose of bringing the subject generally before the house, and of submitting to their consideration a proposition of his own. Sir Robert's scheme was, that the speaker should nominate a committee, which should be called "a general committee for elections," and which should consist of four or six, or some such limited number. To this committee he would leave the duty of appointing select committees, by whom election petitions were to be tried. These last committees might consist of seven or nine members, and each was to have the aid of an assessor who should be its chairman, and in all respects on an equal footing with the members of the committee. These persons were not to be permanent, but employed as occasion might demand. There was to be no attendance of members at a ballot and the operation of chance was entirely excluded. Mr. O'Connell still thought it would be advisable to take the adjudication of these contests out of the present hands, and to transfer it to the judges. He moved as an amendment, that Mr. Buller's bill should be referred to a select committee, who might report on the subject at large. Lord Stanley moved that Mr. Buller's bill be considered that day six months; and proposed that a committee should be appointed to examine the conflicting cases, and to report on a mode of giving uniformity to the law. Mr. Shiel approved of Sir Robert Peel's plan; but he thought that party spirit would stand in the way of their obtaining a declaratory act, since on some questions the two parties in parliament were systematically opposed to each other. Mr. O'Connell's proposition was negatived, and Mr. Buller consented to withdraw his measure. On the 10th of May, therefore, Sir Robert Peel moved for leave to bring in his bill, dropping that part of his scheme, however, which established assessors. Leave was given to bring in the bill; but the attorney-general thought that all that was necessary was to repeal the Grenville act. They might then go on making one experiment after another, until they arrived at some plan that would give universal satisfaction.
Before the Christmas recess, the freemen and parliamentary electors' bill, which had been dropped in the preceding session, had been re-introduced. The two grand objects of this bill were to relieve householders entitled to the elective franchise, by extending the time fixed by the reform bill for payment of rates and taxes; and to remove the stamp-duty payable by freemen on their admission. The former part of the bill met with much opposition; and Mr. T. Duncombe moved an amendment, tending altogether to repeal the rate-paying clause of the reform act. This amendment, however, was rejected, and the original clause carried by a large majority. The third reading of the bill came on on the 19th of February, when it was condemned by Sir Robert Peel as involving a serious infraction of the great principle understood to be settled when the reform bill was passed. The bill was finally passed by the commons, by a majority of one hundred and eighty-nine against one hundred and seventy-two; but it was rejected in the house of lords on the second reading, on the 8th of March. The house of commons passed another bill, conceding tire desired relief to freemen alone; but the session closed before the lords were called upon to take it into consideration.
MOTION FOR THE BALLOT.
On the 15th of February Mr. Grote made his annual motion for the ballot. The debate at this time was expected with considerable interest, because it was generally understood to be a question which was becoming an element of disunion in the camp of the reformers. The motion was seconded by Mr. Ward, and supported by Mr. E. L. Bulwer. Mr. Ward, in seconding the motion, intimated that after Lord John Russell's declaration respecting the ballot, the extension of the suffrage, and the duration of parliaments, the people were anxious to see how far the other members of the administration were prepared to identify their opinions with those of the noble lord. He represented the constituents of Sir John Hobhouse, Mr. Poulett Thomson, Sir Hussey Vivian, and Sir Henry Parnell as especially watching their conduct in this matter, and concluded by expressing his conviction that anything like a government opposition to the measure would "have for its effect the production of a new combination most important to the country and to that house." Lord John Russell again manfully stated his general objections to the change; and Sir Robert Peel, in a speech of considerable power, attacked the system of secret voting with effect. On a division, the motion was lost by a majority of three hundred and fifteen against one hundred and ninety-eight.
PARLIAMENTARY QUALIFICATION BILL.
During this session a bill was introduced and passed, which had for its object the extension to personal property of the privilege hitherto confined to real property, as regarded a qualification for parliament. By this act, an estate for life, or for the life of another; or a term of years of which thirteen shall be unexpired at the time of election, or personal estate and effects of any description within the United Kingdom, or the interest or dividends of such, may constitute either the whole or part of the sum required to qualify a member. By another clause, every member before he takes his seat is required to deliver to the clerk, while the house is sitting, a paper signed by himself, containing a statement of the real or personal property whereby he makes out his qualification. By the same clause he is also called upon to subscribe a declaration, that to the best of his belief he is duly qualified to be elected a member of the house. To make a false declaration is declared to be a misdeameanour, and the election becomes void if the member sits or votes without complying with the provisions of the acts. This statute, however, does not extend to the members for the universities, to the eldest sons of peers, or to persons qualified to be knight of the shire.
PERSONAL ATTACKS.
On the 6th of March Sir William Molesworth, with a view of bringing the whole colonial administration of the empire before the consideration of the house of commons, moved that an address be presented to her majesty, respectfully expressing the opinion of the house, that in the present critical state of many of her majesty's foreign possessions, the colonial minister should be a person in whose diligence, activity, and firmness the house and the public may be able to place reliance; and declaring that her majesty's present secretary of state for the colonies does not enjoy the confidence of the house or the country. The right honourable baronet prefaced his motion by a speech of two hours' duration. His speech was very moderate, although it might have appeared that he was guided by some acrimonious feeling in selecting Lord Glenelg for attack. Mr. Leader seconded the motion; and Lord Palmerston undertook the defence of the colonial secretary. He would meet the motion by a simple negative. Lord Sandon said that he had expected that the affairs of Canada would have formed the basis of the present motion. Lord Palmerston was right in saying that it should not have been directed against Lord Glenelg alone, but against the entire administration. He could not vote with Sir William Molesworth; nor could he be content with a simple negative of his motion. He considered that the troubles in Canada were attributable to the misconduct of ministers; and under these circumstances he should move an amendment, in the shape of an address to the queen, in which would be laid down his own principles, and those of the party with whom he acted. His lordship's address expressed the regret of the house at the treasonable movements in Canada, and their determination to aid her in the suppression of the revolt, and the establishment of a sound constitution; but representing also their opinion, that the present state of things in that colony was mainly owing to the want of foresight and energy, and to the ambiguous, dilatory, and irresolute course of her majesty's ministers. Lord Stanley then addressed the house, and after a speech from Sir Charles Grey the house adjourned; and on the following evening the debate was renewed, many members expressing their opinions on the subject. In the course of his speech Lord John Russell directed some bitter remarks against Lord Stanley, and said that in respect of temper and judgment he was more comfortable now that Lord Glenelg was his colleague than he was when the former nobleman was at the head of the colonial department. His lordship demanded to know whether in the event of the resignation of ministers, there existed means of forming a better administration, or whether the tories could safely appeal to the test of a popular election? Lord John Russell concluded by suggesting to Sir William Molesworth the expediency of withdrawing his motion, in order that the house might divide upon the amendment. The right honourable baronet consented to this; but said that, for his own part, he felt precluded from voting on either side on the amendment of Lord Sandon. On a division ministers had a majority of twenty-nine only; the numbers being, against the amendment, three hundred and sixteen; for it, two hundred and eighty-seven.
REVIVAL OF ANTI-SLAVERY AGITATION, ETC.
At this period anti-slavery agitation again became the order of the day. On the one hand there existed a large class of declaimers and needy orators who were interested in the revival of the subject; and on the other, there was a powerful body of humane people, to whom the contemplation of the sufferings of the negro people had become habitual, and who required little inducement to recur to such an exciting theme. But there was a cause for this display of philanthropy: the slave was still in chains, and was still suffering from the lash of the hard-hearted driver. The legislatures also in the colonies were not free from blame; they acted in many cases with obstinacy and intemperance; and Jamaica especially afforded many instances of systematic violations of the imperial law. The apprentice system, in point of fact, was a complete failure: it produced on the part of the slaves contumacy; and on the part of the masters breaches of the law, cruelty, and violence. From these circumstances there was no difficulty in lighting up a flame in England on the subject. Meetings were held and petitions got up, with a view of hastening the time when the slave should become a man among his fellow-men. The subject of slavery was brought before the house of lords, on the 29th of January, by Lord Brougham, who, after presenting a petition from Leeds, praying the immediate abolition of negro slavery, delivered an eloquent and impassioned speech on the enormities still committed in the slave-trade. The Duke of Wellington and Lord Glenelg admitted that Lord Brougham's statements of the horrors of slavery were substantially correct. In his speech his lordship had said, that British officers were induced to allow vessels equipped for the slave-trade to escape, in order to secure the head-money, and to wait at the mouth of rivers till the cargoes had been shipped. Lord Minto, first lord of the admiralty, in reply, said, that he would not assert that no single instance of this nature had occurred; but he could say that none such had come to his knowledge, and that he did not believe a similar case had ever existed. He could assure their lordships that the only complaint he had heard against British officers thus employed, was, that they were too ready to take these vessels, and too little careful of themselves, not attending sufficiently to their own security against prosecutions. Every letter he received from those officers lamented the difficulties in the way of obtaining the means of the capture and conviction of these vessels until the cargo was embarked; and they all pressed for the conclusion of further treaties. If those treaties could be extended to all nations under whose flag the traffic was carrying on, there would be no difficulty in putting it down. The case was not the same with respect to Spain as to Portugal. With the former there was a treaty which enabled us to capture all slavers under her flag; but our cruisers could not capture vessels under Portuguese colours until they had taken in their cargoes. Lord Brougham asked, if a reward according to the tonnage of the vessel captured could not be substituted for head-money? His views were supported by Lords Ellenborough and Ash-burton, the latter of whom said strong measures should be taken to compel Portugal to desist from the traffic. Lord Glenelg said, that Lord Palmerston was engaged in negotiating a treaty with that country, with a view of putting a stop to the trade. He thought with Lord Brougham that our interference had aggravated the horrors of slavery; but at the same time he contended that parliament had no alternative but to act as it had done; and that the fear of increasing the evil ought not to have prevented us from taking steps to extirpate the practice. The conversation on this subject here dropped; but it was renewed again on the 20th of February by Lord Brougham, who urged upon the house the propriety of immediately emancipating the negro apprentices. His speech on this occasion gained for him the golden opinions of the good and the wise. He commenced by painting in poetic language the "delicate, calm, and tranquil joy" which pervaded the Antilles on the day when slavery ceased to exist. He continued to show that the predictions of those who had declared that labour would cease when slavery was abolished, had failed. Twice as much sugar was made under the new system; and one planter had said, that with twenty free labourers he could do the work of a hundred slaves. His lordship next proceeded to show that the slave-holders had not kept faith with this country, and that the condition of the negroes, instead of being made better, was in many respects worse than before. They were, he said, the victims of partial tribunals, and of excessive and illegal punishments; and he related the case of eleven females having perished from the punishments inflicted upon them, but whose deaths were, nevertheless, ascribed by a coroner's jury to "the visitation of God." At the conclusion of his speech his lordship, after moving that an address be presented to her majesty, beseeching her to take steps for the suppression of the slave-trade, laid these resolutions on the table:—"That the practice of paying head-money to British cruisers should be discontinued. That letters of marque should be issued to private individuals, empowering them to fit out vessels for the capture of slavers. That it was expedient that the period of praedial apprenticeship should cease on the 1st of August, 1838." The resolutions also further indicated certain regulations for the protection of apprentices in the meantime. Lord Glenelg, in a powerful speech, objected to Lord Brougham's propositions of issuing letters of marque to privateers, and the discontinuance of head-money. With respect to the condition of the apprentices in the West India colonies, he contended that the change had been more advantageous than Lord Brougham had supposed, although he allowed that abuses and difficulties of a serious nature did exist. Still he did not think that sudden emancipation would be for the advantage of the negroes; and he must, therefore, oppose Lord Brougham's resolutions. Lord Brougham took the sense of the house on the resolution which regarded immediate emancipation; and on a division it was lost by a majority of thirty-one against seven.
Soon after this the vigilance of Lord Brougham brought to light what appeared to be a new method of establishing a slave-trade. In the colony of British Guiana there had been an old law, which permitted the importation of labourers without restriction. In 1836 a law was passed by the governor and council of policy of the colony, with a view to regulate the relations between the labourers who should come to the colony under articles of indenture, and their employers. On being transmitted to England for approval, the plan was considered on the whole to be an improvement, and therefore it was sanctioned. An order in council was issued in March, 1837, giving assent to the act of the colonial legislature, but with several important alterations, and especially reducing the period of service from seven to three years, and prohibiting the introduction of labourers from Africa, or islands peopled chiefly by the African race. Shortly after these modifications of the law had been promulgated, an application was made for a different regulation, to be extended to individuals from the East Indies, who, it was said, could not be brought into the colony with any profit, unless the term of service was prolonged to five years. This was conceded by Lord Glenelg; and arrangements were made for the deportation of a class of Hindoos, called "Hill Coolies," or Highland labourers, to British Guiana. This subject was brought forward by Lord Brougham on the 6th of March, who moved two resolutions in condemnation of the order in council of July. In his speech he asserted that twenty-five thousand Africans had been introduced into the Mauritius in defiance of the law; and predicted that they were about to expose to this infernal traffic the entire Asiatic coast. His lordship complained that no precautions had been taken to secure proper ships, provision, or accommodation for the labourers on their voyage. Lord Glenelg contended that Lord Brougham's alarm was premature; that he had exaggerated the danger, and was urging ministers to present a "barrier to the circulation of voluntary labour." The Duke of Wellington suggested that arrangements should be made for the superintendence of the embarkation of labourers by responsible persons; that the nature of the bargain made should be fully explained to the labourer; that provision should be made for his return, if he wished it, at the expiration of his period of service; and that persons should be appointed to go with them while on board, and on their landing, to see the due performance of their respective bargains by the masters and the workmen. Lord Melbourne said that Lord Brougham's ardent imagination rendered him an unsafe guide in such matters; but he intimated that the Duke of Wellington's suggestion should receive attention. His grace then said that he thought it unadvisable to divide upon Lord Brougham's motion; and therefore he would move the previous question. On a division the previous question was carried by a large majority; and the original motion being put, was negatived.
The subject of slavery was introduced on the 29th of March in the house of commons, by Sir George Strickland, who moved the immediate abolition of negro apprenticeship. The motion was seconded by Mr. Pease, and supported by Dr. Lushington and Lord Howick. On the other hand, it was opposed by Sir George Grey, Sir Edward Sugden, Lord John Russell, and Mr. W. E. Gladstone; and on a division it was negatived by a majority of two hundred and sixty-nine to two hundred and five. An attempt was subsequently made by Sir Eardley Wilmot to obtain a resolution from the house in favour of immediate abolition. He succeeded, his motion being carried by a majority of ninety-six against ninety-three. Government, however, still expressed aversion to any alteration of the present system; and on the 28th of May Sir George Grey proposed and carried a resolution which virtually rescinded that of Sir Eardley Wilmot, by declaring that, in the opinion of the house, it was not advisable to adopt any proceeding for the purpose of giving effect to the resolution of the 26th of that month. Sir George Grey's motion was carried by a majority of two hundred and fifty against one hundred and seventy-three.
Although slavery was still allowed to exist, yet two important bills connected with this subject passed the legislature this session. One of these was entitled "An act to amend the act for the abolition of slavery;" and it contained various provisions, giving further protection to the apprentices, and enforcing such regulations of the former act as had been disregarded by the planters. The second bill empowered her majesty in council to make rules for the government of the prisons in the West Indies; to appoint inspectors of prisons; to dismiss or suspend officers; and to determine on the fitness or unfitness of any place to be used for the purposes of penal confinement.
DEBATES ON THE IRISH POOR-LAW BILL—THE BILL CARRIED.
It will be remembered that the Irish poor-law bill had arrived at an advanced stage, last session, in the committee, and that many of its important clauses had been discussed and determined, when the demise of the crown put a stop to its further progress. The subject was renewed on the 1st of December, when the bill was read a first time. It was proposed that the house should go into committee on the 9th of February, on which day Mr. O'Connell moved, as an amendment, that it be committed that day six months. When the bill was last year before the house, he said he had addressed them at considerable length in opposition to it. At the same time he had avowed that he had not moral courage to take the course of direct opposition to the measure, although perfectly convinced of its injurious tendency. Since then he had grown both older and firmer; and he was now determined to take the sense of the house on the committal of the bill. He was opposed to the introduction of poor-laws into Ireland, at least so far as regarded able-bodied persons; it might induce them to abandon their habitual industry and economy, and prevent them from providing for the wants of age and supervening infirmity. Any such plan was calculated to diminish self-reliance, to paralyse industry, to decrease economy, and, above all, to damp and extinguish the kindly and generous feelings of nature. He further objected to the bill, because it taxed the occupiers of lands, and involved many difficulties of apportionment between his landlord and himself: it would be a constant source of litigation. Besides, he contended that the mode in which the poor-law was proposed to be carried into effect, was not calculated to benefit Ireland: and he enlarged on the poverty of the people in general, in order to show that they ought not to be called upon to endure taxation to the amount of another million. Messrs. Shaw, W. S. O'Brien, Lucas, and Redington supported the bill, though they all thought that many of its details were objectionable. Mr. O. Gore supported Mr. O'Con-nell's amendment, he objecting to the workhouse system as prejudicial to the best habits and feelings of the Irish. Other members, as Messrs. Barron, Young, and Litton, supported the measure; while others, as Mr. J. Gibson and Sir F. French, opposed it. On a division the original motion was carried by a majority of two hundred and seventy-seven against twenty-five.
The house went into committee on the 12th of February. The third reading of the bill came on on the 30th of April, when Mr. O'Connell again endeavoured to arrest its progress. His opposition, however, was bootless: it passed the house of commons by a majority of two hundred and thirty-four against fifty-nine.
MOTION FOR THE REPEAL OF THE APPROPRIATION CLAUSE—MINISTERIAL PLAN FOR SETTLING THE TITHE QUESTION.
On the 14th of May Sir Thomas Acland moved for the repeal of the appropriation clause. Lord John Russell had previously given notice that he would bring forward his resolutions concerning Irish tithes; and in moving that the speaker should leave the chair, the noble lord said that it had been his original intention to refrain from saying a single word, and to reserve his remarks to the time when the house should go into committee. It had pleased the gentlemen opposite, however, to give notice that they meant to interpose another question in order to raise a debate, and produce a division, before allowing the resolutions to be considered in committee. He should consider the proposition made by Sir Thomas Acland in two points of view; with reference to its object of producing discord and bitterness of feeling in the house, and how far such a course was conformable to the professions made by gentlemen opposite with respect to the Irish church. After descanting at considerable length on the subject of the alliance of the church and state generally, and the small influence which the Irish church exercised over the people, the noble lord went on to unfold his scheme. The existing tithe-composition, he said, would be converted into a rent-charge at the rate of L70 for every L100; and he proposed that the rent-charge should, with a saving of existing interests, be redeemed by the government at the rate of sixteen years' purchase on the full sum of L100. The money received in redemption of the rent-charge he proposed should be invested in land, or in such other way as the ecclesiastical commissioners should advise; and the rent-charges themselves, when purchased, should go towards a fund, from which L160,000 should be paid yearly to the constabulary force of Ireland; L20,000 to the Dublin police; L70,000 to the expense of criminal informations; and L100,000 for the purposes of education, instead of the L50,000 now voted annually for that purpose; any surplus was to be applied to charitable purposes. After developing his plan, Lord John Russell descanted on the obstinacy and exorbitance of the clergy, and then attacked Sir T. Acland's motion. He commenced this part of his speech by quoting the Duke of Wellington's declared desire to see the Irish questions brought to a settlement, contending that the present motion was not in accordance with that declaration. With respect to the principle of the appropriation resolutions, his opinion was unaltered: it was a wise and just principle, and he could not consent to its reversal: it would imply a stigma upon ministers which he could not endure. Sir Thomas Acland, however, rose to move that the resolutions of the 7th and 8th of April, 1835, should be read; and after addressing the house at considerable length, he further moved that they should be rescinded. The motion was seconded by Sir Eardley Wilmot. After a long speech from Lord Stanley, and a few words from Lord Morpeth in defence of government, the house was adjourned till the following day, when Mr. Litton renewed the discussion by delivering a speech in favour of Sir T. Acland's amendment. Messrs. Young, Laseelles, Bennett, and Lord Sandon also supported it; while Messrs. Redington and Townley opposed it. Mr. O'Connell remarked that the real question before the house was, how should Ireland be governed? This was the question that had been under discussion for seven hundred years. Should Ireland, he asked, be governed by a section? A loud shout interrupted the speaker, and in the midst of continued uproar, he continued thus:—"I thank you for that shriek. Many a shout of insolent domination, despicable and contemptible as it is, have I heard against my country."—[Here the speaker interfered]—"Let them shout; it is a senseless yell—the spirit of a party. Ireland will hear their shrieks. They may want us again. What would Waterloo have been if we had not been there? I ask not that question for the renowned commander-in-chief, who is himself an Irishman, but for the hardy soldiery of Ireland, who fought the battle for him. I say again, that is the question." In conclusion, Mr. O'Connell admitted that the ministerial plan did not go far enough, but he was ready to accede to it for the sake of an amicable arrangement. Sir Robert Peel and other members addressed the house, a discussion ensued, when Sir Thomas Acland's motion was lost by a majority of three hundred and seventeen against two hundred and ninety-eight. On the following day Lord John Russell gave the house distinctly to understand that the tithe measure would solely consist of a proposition to the effect that the composition then existing should be converted into a rent-charge.
COMMITTEE OF THE HOUSE OF COMMONS UPON THE IRISH MUNICIPAL BILL—THE BILL REJECTED, ETC.
On the 29th of May Lord John Russell moved that the house should go into committee on the Irish municipal corporation bill. Sir Robert Peel then rose and stated his views and intentions with respect to the two great Irish questions.
The consideration of the subject was renewed on the 1st of June, when, the house being in committee, Mr. Shaw moved that schedules A and B should be consolidated, so that there should be but two schedules instead of three; the first to contain the towns to which corporations were to be given with an uniform ten-pound franchise; and the second to contain those in which the majority of the ten-pound householders might, according to their option, be incorporated. Mr. Shaw further proposed that Sir Robert Peel's mode of estimating the qualification of electors should be adopted. Lord John Russell consented to that part of the proposition which regarded the distribution of towns to be incorporated, but at the same time intimated that government considered an uniform ten-pound franchise too high a qualification. On this point, indeed, the two parties were at issue, for Lord John Russell proposed a five-pound assessment as the qualification, while Sir Robert Peel advocated the ten-pound assessment. On the 11th of June Sir Robert moved to substitute the latter for the former sum; but on a division it was negatived by a majority of two hundred and eighty-six against two hundred and sixty-six. The bill came on for the third reading on the 25th of June, when Lord Francis Egerton moved that it should be read that day three months; but on a division the bill passed by a majority of one hundred and sixty-nine against one hundred and thirty-four.
The bill came under deliberation in the house of lords on the 12th of July, and it was read a third time on the 27th of the same month. The lords, however, had, on the motion of Lord Lyndhurst, substituted the ten-pound for the five-pound franchise, and had also made further alterations in the bill at the instigation of the same noble lord. When the bill in its amended shape came under the consideration of the house of commons on the 2nd of August, Lord John Russell entered into a detailed examination of these amendments. In order to settle the question of the franchise, he proposed that a rated house of eight pounds rent should confer it; and he carried this by a majority of one hundred and sixty-nine against one hundred and fifty-four. A variety of alterations were then introduced into the other amendments of the lords, and the bill was once more sent up to that house. A conference took place, but with no effect, and the matter ended by Lord John Russell moving in the house of commons that "the lords' amendments should be further considered that day three months." The bill, therefore, was again laid aside, and that for the most part from a difference of a pound or two in the qualification. The great principle of granting popular corporations to the Irish towns was conceded by the Conservatives; but they would not overlook the trifling difference contested by them and their opponents in the qualification.
THE CORONATION.
The coronation of Queen Victoria took place on the 28th of June. The principal novel feature of this august ceremony consisted in the substitution of a procession through the streets of London for the banquet in Westminster-hall. The result of this change justified the departure from an ancient usage. The people of all ages, sexes, conditions, professions, arts, and trades assembled on that day to greet their youthful sovereign. The ceremony was conducted with great harmony: happiness and cheerful good humour prevailed among the enormous multitude which thronged the streets; and courtesy and self-restraint were everywhere conspicuous. The coronation was succeeded by a series of fetes and banquets, and many weeks elapsed before the metropolis had ceased to hold festivals in its remembrance. In a word, the utmost enthusiasm for the youthful sovereign prevailed on every hand, and gave promise of a happy and glorious reign.
It was stated in the house of commons shortly after the coronation that the expenses incurred for the coronation of George IV. were L243,000, and that the expenses incurred for that of his successor did not exceed L50,000. On the present occasion the charges amounted to about L70,000, and the chancellor of the exchequer, in explaining the cause of this excess, said, that it was in no respect occasioned by any portion of the ceremony as regarded the sovereign, but for enabling the people to participate in the national festivity. The public, he continued, had voluntarily paid for seats commanding a view of the procession not less than L200,000; and four hundred thousand persons had visited London for the purpose of witnessing the ceremony. He added:—"Never was there given to a sovereign, or to a country, a more exalted proof of good conduct and discretion, than was afforded by the assembled multitude on this occasion."
DEBATES IN THE HOUSE OF COMMONS ON THE IRISH TITHE QUESTION.
On the 2nd of July the house of commons proceeded to take Lord John Russell's tithe resolutions into consideration. On the motion for going into committee, Mr. Ward condemned ministers for abandoning the appropriation principle, and moved a series of resolutions for the appropriation of the surplus revenues of the Irish church to the moral and religious education of all classes. Mr. Hawes seconded and Mr. Hume supported the motion. Mr. O'Connell, however, opposed it, contending that it led to a deception and delusion: it offered to the Irish people something as the purchase-money of a tithe bill, which bill they had refused unanimously to take. Their determination was not to pay tithe; and he required that provision should be made for the established church of Ireland out of the consolidated fund, and that the tithe fund should be applied to the maintenance of peace in the country. By converting tithes into a rent-charge, they would turn landlords into tithe proprietors; and would further throw many landlords into the ranks of White-boys. Mr. Harvey said that three years ago he was denounced by Mr. O'Connell for not supporting the motion which his learned friend was now opposing. On a division Mr. Ward's motion was rejected by two hundred and seventy against forty-six. On the house going into committee, Mr. Shaw moved, as an amendment, that twenty-five instead of thirty per cent, should be substituted. This amendment was carried by a majority of one hundred and eighty-eight against one hundred and sixty-seven.
In a preceding year one million sterling had been voted by parliament for the relief of tithe-owners who had been unable to pay their dues; and out of this sum they had by this time actually received L640,000. At the time of the grant it was intended that the advances should be repaid as soon as the tenants should pay up their arrears. That event was not likely to happen; for, since the grant had been made, a new arrear of tithes had accrued. It was now generally agreed that repayment of the money advanced should not be required; but it became a question how far the fresh arrears were to be settled. Sir Robert Peel suggested that a commission should be appointed to ascertain the entire amount of the tithe, and the nature of each particular case; and that in proportion to that amount, and with due regard to individual circumstances, the sum remaining of the million not yet advanced should be distributed among the respective tithe-owners in purchase of their interests. According to his plan, if a landlord owned tithe, he was not to be included in the proposition; but where the debtors were occupying tenants, there tithe-owners were to have the option of enforcing their claims, or of accepting their proportion of the fund, and exonerating their debtors: government was also to have the right of proceeding against the tenant at their option. This proposition was favourably received; and, on July 16th, Lord John Russell, when the house resumed the consideration of the bill in committee, adopted it with some slight modifications. On the 26th of July the bill came on for the third reading. Mr. D. Browne moved, that the bill be read that day six months; in doing which he contended for a total abolition of tithes. On a division the bill was carried by a majority of one hundred and forty-eight against thirty; and thus terminated the contests concerning "the appropriation clause." The adoption of it had assisted the Whigs in their return to power; and the sacrifice of it enabled them to maintain office.
Lord Melbourne brought the Irish tithe-bill before the house of lords on the 3rd of August. After descanting on the million loan and the arrears, his lordship remarked that it was obvious, unless they closed up all questions with reference to arrears, they would not be giving the measure fair play. This bill directed the lord lieutenant to remit to the clergy the instalments due from them in respect of the loan; and the residue of the million was to be applied in satisfaction of the arrears, according to the claims of the spiritual tithe-owners, which had been accruing during the last four years. Nothing was said of the "appropriation clause" by his lordship: on which Lord Brougham remarked:—"I had not looked to see the day when appropriation should be given to the winds, as if the thing had never been talked of—as if it never had been the means of seating one ministry and unseating another."
The bill was read a third time on the 9th of August, Lord Clancarty alone raising a dissentient voice.
THE IRISH POOR-LAW BILL CARRIED IN THE LORDS.
On the 21st of May Lord Melbourne moved the second reading of the Irish poor-law bill in the lords. The motion was opposed by Earl Fitzwilliam, who said that he was opposed to the whole principle of poor-laws. As for the present bill, he said, it could never be carried into effect; it was not an Irish bill, nor was it a bill desired either by the landed interests, the middling gentry, or the poorest classes of Ireland. The Marquis of Londonderry also opposed the bill; while the Duke of Wellington recommended their lordships to give it a second reading, with a view of amending it in committee. Lord Lynd-hurst, having adverted to the unpopularity of the bill in Ireland, and cautioned their lordships against setting themselves up as better judges than the Irish people themselves of what was best calculated to promote the interests of that nation, said he should not object to a trial of the bill, provided he thought that they would, in the event of failure, return to their original situation. His lordship then stated his various objections to the proposed bill; but, in conclusion, intimated his intention of voting for the second reading, in the hope that it might be brought into a better state in committee. The Marquis of Clanricarde, Lord Brougham, and the Marquis of Westmeath opposed the bill; and Lord Radnor and the Earl of Devon supported it. On a division the second reading was carried by a majority of one hundred and forty-nine against twenty. In committee, Earl Fitzwilliam moved an am end-mend to the forty-first clause, by which he limited the relief under the bill to age, bodily infirmity, &c.; and he was supported by Lord Fitzgerald and Vesci, who contended that the operations of the bill would be mischievous; but it was not carried. On the 31st the latter noble lord moved another amendment, empowering the guardians to relieve in poor-houses "all destitute persons who are either incurably lame, or blind, or sick, or labouring under permanent bodily infirmity;" also all orphan children left in a state of destitution. Ministers, however, succeeded in carrying the original clause of the bill by a majority of one hundred and seven to forty-one. Subsequently some amendments were made in the minor details of the bill, and it was read a third time on the 9th of July, and carried by a majority of ninety-three against thirty-one. The momentous experiment, therefore, of introducing a poor-law into a country where the people were everywhere opposed to it was to be tried.
PROJECTED FORMATION OF A COLONY IN NEW ZEALAND, ETC.
At this period an association had been formed for the purpose of colonizing New Zealand, under certain grants of territory which had been obtained from the native authorities. During this session an application for a parliamentary sanction to the undertaking was made, and Mr. F. Baring, on the 23rd of June, moved the second reading of a bill to establish the said colony. Sir George Grey opposed the motion. The bill was also opposed by Sir Walter James, Lord Sandon, and Messrs. Goulbourn and Pease, while Messrs. Hutt and P. Howard pointed out the advantages which would accrue to Great Britain from the measure. The bill was rejected by a majority of ninety-two against thirty-two.
FINANCIAL STATEMENTS, ETC.
The navy estimates were presented to the house of commons on the 5th of March, when Mr. C. Wood moved a resolution to the effect, that there be employed in the fleet for the next thirteen lunar months, ending on the 31st of March, 1839, 33,665 men including 2,000 boys and 9,000 marines. After some opposition, this motion was agreed to; as was another, made by Lord Howick, on the 12th of the same month, to the effect that 89,305 men should be raised for her majesty's land-forces. The ordnance estimates were moved by Sir Hussey Vivian on the 27th of April, and these, likewise, were granted. The chancellor of the exchequer presented his financial statement on the 18th of May, when it appeared that the past year had been one of increased expenditure and diminished receipt. The estimate of revenue, he said, had amounted to L47,240,000, while the actual income did not exceed L46,090,000. The estimate of expenditure had been L47,873,000, and the actual expenditure L47,519,000; so that there existed a deficiency of L1,428,000. But, continued Mr. Rice, if the house would compare the income and expenditure of the two years 1836 and 1837, they would find a surplus of income; and he showed that, taking these two years together, and comparing the anticipation with the actual results, there was no deficiency. The right honourable gentleman proceeded to say that he calculated the income of the next year would be L47,271,803, and the expenditure L47,479,000. Here, also, would be a deficiency; and the question arose, how was this deficiency to be met? There was no ground for considering it permanent; and he should therefore propose to take the course adopted by parliament on former similar occasions. In 1827 Mr. Canning found himself with a deficiency of L2,900,000, and he met it by a resort to a corresponding issue of exchequer-bills. Mr. Spring Rice intimated that he should follow the same course, and should ask for a vote of credit to the extent of a few hundred thousand pounds only.
MOTION FOR THE REPEAL OF THE CORN-LAWS.
On the 15th of March Mr. Villiers moved for a committee of the whole house to consider the act of 9 George IV. c. 60, relating to the importation of corn. In his speech he remarked that the purpose and principle of the corn-laws were protection to the landed interest. It was alleged that the British farmers could not compete with the foreign grower without protection. He considered this principle indefinite and unjust. The motion was seconded by Sir William Molesworth, who drew a gloomy picture of the operation of the corn-laws. Through them, he said, there was an excess of farmers without farm, shopkeepers without customers, lawyers without briefs, clergymen without cure of souls, doctors without patients, sailors and soldiers without employment; besides shoals of architects, painters, surveyors, tutors, clerks, and others. All these classes were uneasy, and the victims of competition. The corn-laws had further the effect of producing great immorality: people either could not marry, or were obliged to many late in life, and consequently there was an excess of unmarried women! Hence immorality prevailed, and every foreigner who visited the land was shocked at the exhibition of profligacy in the streets. Only a few members supported the motion, which was consequently lost.
On a subsequent evening Colonel Seale proposed that foreign corn in this country should, under certain restrictions, be permitted to be ground while in bond, and exported, security being given for its exportation. The object of this measure was to enable merchants trading to foreign countries, and shipowners, to lay in their supplies in the ports of the United Kingdom, instead of being compelled to obtain them, as at present, from the Baltic. The Marquis of Chandos contended that this measure would repeal the corn-laws: extensive frauds would take place, and a great alteration ensue in the price of corn. On the other hand, Messrs. Warburton and Poulett Thomson argued that the agricultural interest would not suffer from it in the least degree. The latter said that no fraud could take place, and he entered into details to show that the preservation of the whole revenue of the country depended upon the security afforded by the bonded warehouses. Corn could not be smuggled out of them more easily than sugar and tobacco, &c, on which much higher duties were payable. After hearing these statements of Mr. Thomson, several members intimated their disposition to make a concession upon so immaterial a point. Colonel Seale's motion was carried by a majority of one hundred and twenty-seven against ninety-two, but the bill was, notwithstanding, thrown out on the second reading, by a majority of two hundred and twenty against one hundred and fifty.
VARIOUS IMPROVEMENTS IN THE LAW.
An important alteration in the law took place this session, in the abolition of imprisonment for debt on mesne process. Public attention had been for some time directed to this subject; and during last session a bill passed the house of commons with reference to it, but at too late a period to admit of its discussion in the upper house. On the 5th of December the lord-chancellor brought the subject before the lords, by moving the second reading of a similar bill. Many of the details of the bill, however, were thought to be so defective, that it was referred to the consideration of a select committee. The lord-chancellor again presented his bill, as altered and amended by the committee, on the 12th of June. In his exposition of the measure, his lordship stated that it would empower creditors to get possession of various descriptions of property, which were at present exempt from execution. Thus the bill would authorize the sheriff to seize cash, bank-notes, and bills of exchange; and, under the authority of a judge's order, and with certain restrictions, stock in the public funds would be available to the creditor. These and similar provisions were framed for the purpose of doing justice to the creditor, by enabling him, if possible, to obtain payment out of his debtor's property. Having effected this object it seemed but right to abolish imprisonment on mesne process. Still, to prevent fraud, it was necessary to secure to the creditor the right of seizing the debtor's person in certain cases. The bill, moreover, would authorize a judge, on the creditor's application, to issue a warrant to restrain a fraudulent debtor from leaving the country before he had surrendered his property. Lords Brougham and Abingdon commended the measure as far as it went; but they still thought it incomplete. The bill was read a third time and passed; and after some minor alterations had been introduced in it by the commons, it finally became law. Another useful act passed during this session was one which facilitated the recovery of possession of tenements after the determination of the tenancy. This bill empowered any two justices at petty-sessions, in certain cases, and after proof given of the determination of the tenancy, and of the refusal of the tenant to render possession, to issue their warrant to the peace-officers of the place, directing them to enter, by force, if needful, upon the premises unlawfully held over, and to give possession of the same to the landlord or to his agent; such entry to be made not less than twenty, and not more than thirty days from the date of the warrant. The provisions of this bill, however, are confined to premises held at will, or for less than a term of seven years, and which are let for less than L20 per annum, without the reservation of a fine.
In the course of this session, a bill for securing to authors, in certain cases, the benefit of international copyright passed the legislature, and which enabled her majesty in council to direct that the authors of books published abroad shall have a copyright here, provided there be a reciprocal protection in favour of this country in the state in which such publications first make their appearance.
A SELECT COMMITTEE TO INQUIRE INTO THE OPERATION OF THE POOR-LAWS.
During the past and the present year the New Poor-law was exposed to a severe trial. Distress, from a severe winter and the high price of corn, abounded on every hand, while in various parts of the country local and temporary causes operated unfavourably to the labourer. Under these circumstances, the New Poor-law encountered great opposition, and this appeared to be becoming progressively formidable. In the northern parts of the country, indeed, Tories, Whigs, and Radicals alike arrayed themselves against it, all agreeing to seek its entire abolition. The subject had been introduced into the commons as early as the 27th of November of the past year, when Lord John Russell moved for a select committee to inquire into the operation of the New Poor-law. This afforded, however, but little satisfaction to the opponents of the measure; and on the 20th of February Mr. Fielden moved for a repeal of the act itself. He was seconded by Mr. Wakley; and, in the course of the evening, a discussion ensued, in which many members took part. Those who spoke generally concurred in the impolicy of taking any steps in the question until the committee should have made its report. Sir Robert Peel bore testimony to the merits of the bill; remarking that, considering the magnitude of the experiment, which had been but four years under trial, it was as satisfactory as any man could expect. On a division, the motion was rejected by a majority of three hundred and nine against seventeen.
The commissioners made their report on the 4th of August. It had been proposed to authorize the guardians to relieve the families of labourers, by taking one or more of their children into the workhouse. The report stated, "that in the practical application of this exception, it would be difficult to avoid the establishment of a system similar in principle to the scale system; i. e. a regular allowance, in addition to the labourer's earnings, depending on the number of his children and the rate of wages." It had further been proposed to obviate the hardship of obliging a man to part with his cottage and furniture, and take up his abode, with his family, in the workhouse, by admitting the head of the family only into that establishment, and leaving his family at home. The report stated an objection to this proposal thus:—"The small degree of inconvenience sustained by the labourer by a temporary sojourn in the workhouse, whilst his wife and family remain at home, ceases altogether to have the effect upon the employer which is produced by the strict workhouse system; namely, the creating a great reluctance, on his part, to lose temporarily the services of the labourer, lest he should find it impossible to regain them; and a desire so to arrange the work of his farm, as to afford employment, during the unfavourable part of the season, to those upon whose assistance he must rely for the necessary services during the more active periods of the year." The report proceeded to notice other particulars of the system, as the migration of families from the southern to the northern counties; and the emigration of others to the Australian colonies. It remarked, that the most important and characteristic circumstance of the last twelve months had been the extreme severity of a long winter, and the continuance of the interruption to manufacturing industry which had commenced in 1836. From this circumstance the guardians of various unions had been induced to give out-door relief to able-bodied male paupers, but the commissioners were of opinion that, with few exceptions, it might have been safely withheld. |
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