COMBINATIONS IN ENGLAND AND IRELAND.

For some years combinations of workmen for the purpose of regulating the rate of wages, and other matters connected with the employment of labour, had been permitted by law to exist. At this time, however, these confederacies had become formidable. "Strikes" were constantly recurring, so that the masters lay at the mercy of the operatives. Thus at Ashton fifty-two mills and thirty thousand persons were thrown out of work, by the "strike" of three thousand "coarse spinners," who could clear at the time about thirty shillings per week; and at Manchester one thousand "fine spinners" struck work, because the masters would not pay them more than thirty-five shillings per week. At Glasgow, where the cotton-spinners had been long noted for the violent and arbitrary proceedings of their confederacy, five individuals connected with their body were taken up, charged with murder, attempts at arson, and other grave offences of a similar character. On their trial, the evidence disclosed some revolting details of the practices and formidable organization of the cotton-spinners' union of Glasgow; but the jury found the prisoners guilty of the minor charges only, and they were transported for seven years. There was much in these judicial proceedings that, in the opinion of Lord Brougham and Mr. Wakley, required correction, and accordingly they brought the subject under the consideration of parliament, each in their respective spheres.

The subject was introduced by Mr. Wakley in the house of commons, by moving for a select committee to inquire into the constitution, practices, and effects of the association of operative cotton-spinners in Glasgow and its neighbourhood. Mr. O'Connell moved, by way of amendment, for a select committee to inquire into trades' unions and combinations generally, in the United Kingdom. He remarked that there was no tyranny equal to that which was exercised by the trades' unionists in Dublin. He had in vain wished to convince those people of the wickedness and impolicy of their proceedings. Hour after hour had he had interviews with the deputation from the various trades, and had seldom met with men of more ability, information, or skill, in putting forward their own views. He had also challenged discussion, and two assemblies had been held for that purpose; but the workmen had concerted interruption, and they could not proceed in the business of the day. He could not be heard, and they expressed their determination to persist in their system of outrage. Mr. O'Connell proceeded to detail some of the more prominent regulations of the combination. One of their rules was to limit the number of apprentices; another prescribed a minimum rate of wages, so that the best workmen received no more than the worst; and by a third the masters were deprived of all freedom in their power of selecting workmen. The honourable gentleman then proceeded to relate some instances of the prejudicial effects of combination on the manufacturing industry of the country; and he concluded by adverting to the murders and outrages committed by stipendiary assassins acting under the authority of the unions, and by asserting that he had no wish to re-enact the old combination laws. Some combinations were even meritorious: his aim would be to separate unions of this kind from those of a pernicious character. The chancellor of the exchequer paid some just compliments to Mr. O'Connell for the course he had pursued with respect to this subject, and said that he proposed a second amendment, which did not materially differ from that of the member for Dublin. He moved for a select committee to inquire into the operation of the 6th of George IV., and into the general constitution of trades' unions, and also the combinations of workmen and masters in the United Kingdom. Mr. Wakley expressed himself satisfied to leave the question in the hands of her majesty's ministers, and the chancellor of the exchequer's motion was agreed to without a division.



JOHN THOM. ALIAS SIR WILLIAM COURTENAY.

A few years back an individual of the name of John Nicholls Thorn left his home in Cornwall, and went into the county of Kent. Here he exchanged his name for the more euphonious one of Sir William Courtenay, Knight of Malta, and he commenced a practice of parading his naturally commanding person before the admiring people, clad in rich costumes, and pouring forth streams of exciting and persuasive eloquence. Attracted by his romantic appearance, the populace flocked round him with the wildest enthusiasm; and even the superior classes of society, furnished him with partizans. In 1833 he became a candidate for the representation of the city of Canterbury, and he succeeded so far as to poll nine hundred and fifty votes. Not long after, however, he was found to be implicated in a transaction which resulted in his conviction for perjury, and he was sentenced to six years' transportation. Decided symptoms of insanity having exhibited themselves, instead of being sent on board the hulks, in conformity with the act 9th George IV., he was removed from Maidstone gaol to the county lunatic asylum. He remained here four years, and at the expiration of that period, Lord John Russell, in virtue of a power conferred on him as secretary of state by the same act, delivered him up to his friends upon their engaging to take care of him. His friends ill discharged their duty; for in 1838 John Thom reappeared in Kent, and this time under a higher title than that of baronet: he claimed to be, and the people acknowledged his pretensions as, another Messiah. The delusion led to the "Canterbury riots," in which a constable was shot by Thom himself, and Lieutenant Bennet was killed by some of his enthusiastic followers. Thom on his trial was proved to be of unsound mind; and several of his followers were sentenced to be transported, some for life, and others for longer or shorter periods of time, according to the parts they had acted in the tragical scene.



COMMITTEE ON CHURCH LANDS.

It has been seen in a former page that a committee had been appointed to ascertain the probable amount of any increased value which might be obtained by an improved management of church property. On the 3rd of May Lord John Russell proposed the reappointment of this committee. He estimated the revenue of the church of England at L3,439,767, and he calculated this income would admit of considerable increase. With respect to the disposal of such additional revenue, when obtained, his lordship said that both himself and colleagues held it as a fixed principle that it ought to be devoted to a purpose clearly and intimately connected with the church. Many honourable members were of opinion that such a fund should be applied to the education of the people: government would prefer to dedicate it to the repairs of the fabric of the church itself. His lordship then entered into details to show that the present system of managing church property was improvident and unsatisfactory; and that the funds of the church were often disposed of in a way contrary to their original purposes, and not desirable for the spiritual interests of the country. By proper arrangements he expected that an annual surplus of L300,000 might be secured. The motion was opposed by Mr. Liddell, who, in moving a direct negative to it, observed that government had been stimulated to stir this "mischievous question, and unsettle men's minds and properties by the clamour of persons hostile to the church." The church of Durham, he said, was the great object of their appetency. It certainly had rich possessions, but then its charities were in proportion. It had, moreover, crying wants: many of its cures were underpaid, and many new churches were requisite, for which there were no adequate means of endowment. The honourable gentleman concluded by saying, that should the motion for a committee be carried, he would further move the addition to it of the following words:—"with a view of applying such amount to the gradual diminution of the evils which flow from the deficiency in the means of religious instruction and pastoral superintendence by ministers of the established church." The original motion was carried by a majority of two hundred and seventy-seven against two hundred and forty-one; and Mr. Lid-dell's second amendment was lost by a majority of two hundred and sixty-five against two hundred and fifty-four.



ACT FOR ABOLISHING PLURALITIES, ETC.

During this session an act was passed for "abridging pluralities," and for making better provision for the residence of the clergy. This bill enacts that no person holding more benefices than one shall accept and hold any cathedral preferment or other benefice; and that no person holding preferment in one cathedral shall hold any in another, with certain exceptions in favour of archdeacons. The bill further enacts that two benefices are not to be enjoyed together, unless within ten miles of each other, nor if the population of the one exceeds three thousand, or the joint revenue L1,000, unless the yearly value of the one fall short of L150, while the population exceeds two thousand persons; in which case the bishop of the diocese may authorize the two to be held jointly, though at the same time it was made necessary to obtain a dispensation from the Archbishop of Canterbury. By another clause of the bill any spiritual person in the possession of preferment is prohibited from farming more than eighty acres of land without the consent of his diocesan, and from engaging in any trade, unless in cases where the number of partners exceed six, or where the share in a business may devolve upon the individual by operation of law; but in no case may such person carry on or manage trade personally. The bill finally empowers the bishops to grant dispensations to their clergy from residing in the parsonage-houses when unfit to be occupied, provided that the residence selected be within a certain distance of the cure, and further enumerates a variety of other instances in which the bishops may grant licences for non-residence.

During this session also, in consequence of a recent decision in the court of exchequer, that it was unlawful for a clergyman to be a member of a joint-stock company, an act was passed, altering the law on that head. In 1817, an act had been passed prohibiting all spiritual persons from engaging in any trade for gain or profit, and imposing a penalty upon transgressors of the law. It also declared the acts of any partnership into which such spiritual person had been introduced to be null and void.

On the 22nd of February the Earl of Ripon announced to the house of lords that the ecclesiastical commissioners had resolved to recommend the continuance of the bishopric of Sodor and Man as a separate see, and not to unite it with the diocese of Carlisle, as had been proposed. During this session, therefore, a bill was passed for continuing the see upon its original footing.



THE SUBJECT OF EDUCATION DISCUSSED IN PARLIAMENT.

On the 1st of December Lord Brougham brought the subject of national education under the consideration of the house of lords. His lordship's plan was disclosed in two bills, corresponding with that which he had brought forward in the preceding session, and which were only separated for the sake of convenience. The measure of Lord Brougham seems to have been conceived in an enlightened spirit, and its outline exhibits many excellent features; but it was clear that there would be great difficulty in carrying out its details. The bill was generally approved of, and was read a first time, but it did not come again under the consideration of parliament during this session.



THE QUESTION OF CANADA RENEWED.

While parliament was sitting, Lord Durham sailed for his seat of government in Canada; and news arrived of his first acts in that province. Before his lordship had sailed, however, attacks were made upon him by the opposition, although they had exercised so much forbearance towards him at the outset of his mission.

The main attack on Lord Durham was opened in the house of lords on the 30th of July. Of the many important matters which Lord Durham found on his arrival in Canada unsettled, the disposal of the state prisoners was "by far the most delicate and dangerous." This difficulty was increased by the restrictions which the home-government had thought it expedient to impose upon the governor-in-chief. These restrictions were contained in a letter written by Lord Glenelg, and were to this effect:—"From the very commencement of the late disturbances it has been, as your lordship is aware, the earnest desire of the government, that the utmost lenity compatible with the public safety should be exercised towards the insurgents. This is a principle inculcated in my various despatches to the authorities of Lower and Upper Canada, and it is a principle supported by considerations, not only of humanity, which cannot be in such cases admitted as the exclusive test of right conduct, but also of true policy, in reference to the well-being of the Canadas. You will, I am persuaded, enter into the views of the government on this subject; and in order to enable you to act with promptitude in this respect, you are relieved from the restrictions by which your predecessors were prevented, in case of treason, from giving an absolute pardon, or granting more than a respite, till the royal pleasure should be known. The power thus entrusted to you, of granting an amnesty or pardon in all cases, should, in the opinion of her majesty's government, be exercised largely, but not entirely without exception. Independently of persons committed on charges of murder, to whose cases I have referred in my despatch of the 19th of March to Sir J. Colborne, as exceptions to the class of cases fit to be included in an amnesty, there must probably among the prisoners be some flagrant and prominent cases of delinquency, which it would not be just or advisable to comprehend in the general lenity. These cases it will be for you to select, in order that they may be brought to trial. In the constitution of the tribunals before which these prisoners are to be arraigned, and in the conduct of these trials, her majesty's government are, after full deliberations, satisfied that there should be no further deviation from the established mode of legal procedure, than was sanctioned in my despatch to Sir J. Colborne. You will, therefore, bring them to trial in the usual manner before the courts of justice, as at present constituted for the trial of criminal offences. By the verdict of the ordinary juries, the fate of the prisoners must be decided.... Except in cases of murder, capital punishments should be avoided." In dealing with this difficult subject Lord Durham availed himself of the assistance of his special council, the members of which were Vice-admiral Sir Charles Paget, Major-general Sir James Mac-donnell, Colonel Couper, the governor's military secretary, and principal aide-de-camp, Colonel Grey, and Mr. Charles Buller. The council met on the 18th of June; but it was not for the purposes of consultation that Lord Durham convened his board, for on the very day on which they were summoned to meet, appeared the celebrated ordinance, by which Lord Brougham not only accomplished his fall, but contrived that all the odium of the transaction should attach to the ministers themselves The nature of this ordinance will be clearly seen in the following debates which took place in both houses of parliament.

On the day before mentioned (30th July), when the attack was opened on Lord Durham in the upper house, Lord Brougham called the attention of the peers to the ordinance which had been passed by the noble governor of Canada, asserting that if carried into effect it would involve the crime of murder, the whole proceeding being at variance with law. Seven days after, Lord Brougham renewed the attack. No power, he said, to inflict pains and penalties upon individuals who had not been brought to trial, which that ordinance usurped, was conferred upon Lord Durham. He might make general laws for the good government of the colony, but subject to an exception which restrained him from altering any act of the British parliament. The ordinance in question contravened the provisions of the act 7th William III. "for the trial of treasonable offences;" and if Lord Durham had the power of dispensing with that act, he might condemn in every case as traitors men against whom no witnesses had been examined, and into whose alleged offences no inquiry had been made. Lord Glenelg remarked that Lord Durham had been placed in a situation of extreme difficulty: he had been solicited for extreme punishments on the one hand, and for a complete amnesty on the other; he had adopted a middle course, and when his decision was announced, it gave general satisfaction. Lord Brougham replied, that the noble earl might have accomplished all he was desirous of doing without a breach of the law. If he had said to parties accused or suspected, "I won't bring you to trial, if you conduct yourselves properly," he would have acted in a legal manner; but instead of doing this, he said, "I shall send you to Bermuda; and if you leave that island, I declare you guilty of high-treason."' Lord Melbourne deprecated such rigid criticism. He owned that the clause in the ordinance which related to Bermuda was an error on the part of Lord Durham, but he declared his belief that the whole of the remainder was perfectly legal, and warranted by the powers which parliament had committed to the noble governor of Canada. On the other hand Lord Ellenborough contended that all the penal provisions of the ordinance were illegal, and that the whole transaction was alien from the spirit of British jurisprudence. The Duke of Wellington said that he did not approve of the constant attacks on Lord Durham; but he really thought that steps should be taken to set the government of Canada right on proceedings which appeared to be illegal. Lord Brougham followed up the course he had taken on the following night by introducing a bill "for declaring the true intent and meaning of an act passed in the present session of parliament, intituled 'An act to make temporary provisions for the government of Lower Canada,' and for indemnifying those who have issued or acted under a certain ordinance made under colour of the said act." This bill was read a first time in silence, but on the second reading on the 9th of August, Lord Brougham, by way of preface, propounded certain "canons of policy" by which the administration of the government of Lower Canada, during the suspension of the constitution ought, in his opinion, to have been directed. The bill introduced by Lord Brougham was so loosely framed that it afforded Lord Glenelg fair occasion for criticism. He availed himself of this opportunity of encountering his adversary with some effect. In conclusion, Lord Glenelg observed that the bill before the house was not a mere declaratory act, but a new law restricting the powers which the act of that session had already conferred upon the governor of Canada. It would be inexpedient and extraordinary, if, having invested Lord Durham with plenary authority, they were suddenly to abridge the powers which he had been led to suppose he possessed. A warm and acrimonious debate was maintained by the Earl of Ripon, the Duke of Wellington, and other opposition peers on the one hand, and Lord Melbourne and the lord chancellor on the other. The two ex-chancellors made themselves very remarkable on this occasion, Lord Brougham manifesting the utmost excitement, and the most bitter personal hostility to Lord Durham, to whose instrumentality he attributed his being overlooked by Lord Melbourne in his cabinet arrangements. Lord Lyndhurst did the excellent qualities of Lord Durham justice, and displayed a calmness in debate which contrasted strikingly with the irritability and personalities of Lord Brougham. The debate brought forcibly to light the disposition of Lord Durham to carry matters with a high hand in his new government, and his deficiency in that wariness and prudence so essential to a chief governor. After a few remarks from Lord Brougham, the bill was read a second time by a majority of fifty-four against thirty-six. On the following day Lord Melbourne informed the house that ministers had resolved to advise the queen to disallow of the whole ordinance. It was with the deepest regret and alarm that they had taken this course; nor was it without the greatest apprehension of the consequences that they had come to this determination. His lordship then intimated his approval of the indemnity bill, and that he should in a future stage of the proceedings move a clause explanatory of Sir William Follett's proviso. Lord Brougham commended ministers for their "judicious, wise, politic, and most virtuous resolution." The Duke of Wellington was by no means inclined to sanction Lord Melbourne's proposed explanation of the proviso: Sir John Colborne had acted under the law as it stood, and must have found it sufficient for the purpose. The Marquis of Lansdowne remarked, that if the noble lords opposite acquiesced in the mode in which Sir John Colborne had exercised his authority; if they admitted that he had not exceeded the law, Lord Melbourne's proposed clause would be unnecessary. That gentleman had been permitted to pass an act of attainder, which had lain unnoticed on the table for six weeks. Ministers only claimed for Lord Durham the power which was conceded to his predecessor: he desired to know whether Sir John Colborne had acted in conformity with the law. Lord Brougham replied, that Lord Durham's powers were coextensive with those of Sir John Colborne; but as to whether or not that officer had exceeded the limits of his authority, he begged to say that he did not feel himself at liberty to answer. It is quite clear, indeed, that no noble lord could have answered this question satisfactorily; for if Lord Durham had been guilty in passing an act of attainder, the same guilt must have attached to Sir John Colborne; and if the one had been pronounced innocent, the other must have shared in his innocence. This question, which was one of the greatest importance, however, was allowed to pass over; and in the course of the evening Lord Melbourne moved the insertion of his explanatory clause, which, after reciting the proviso, proceeded to declare, that it should not extend to prevent the governor and council from passing such laws as might be necessary for the safety of the province, or from providing for the punishment or detention of persons engaged in conspiracies against the government. By the results of this clause, in fact, and the discussions which followed, Lord Brougham's bill was stripped of its declaratory character, and reduced to a mere act of indemnity to the parties concerned in the transportation and detention of the Bermuda prisoners. In this mutilated condition Lord Brougham moved the third reading of the bill, which he did with evident reluctance, inasmuch as he rightly considered that its chief value lay in its declaratory character. "As I have been accidentally mixed up with this business," said his lordship, "I have no hesitation in moving the third reading of the bill, as it now stands, although quite sensible that I am making that motion on the part of her majesty's government." On this occasion the lord-chief-justice Denman spoke on the question for the first time. His objections to the ordinance were directed to a gross violation of the constitution. As to the indemnity, he was entirely opposed to it; the passing of such bills was one of the most unjustifiable practices of parliament. Publie functionaries might be justified by their good intentions in overstepping the law; but parliament had no right to say to the parties who had suffered by such excess of authority, "You can have no redress against those persons who have wronged you, because it is our pleasure to indemnify them." "If indeed," he continued, "parliament are of opinion that individuals, actuated by a good and upright intention, and only zealous for the public service, have broken the laws, let them indemnify those individuals out of the public purse, against the consequences of the legal proceedings that may be instituted; but let them not leave the injured party without a remedy." The bill was finally read a third time, and passed in the lords.

Lord Brougham's bill was introduced into the house of commons on the 13th of August, and read a first and second time without any discussion. On the following day, however, Lord John Russell brought the subject before the house. His lordship said it was his intention to submit to the house of commons a proposal which he made with extreme reluctance; namely, that they should assent to the bill as it came down from the lords without any amendment. He presumed that no objection would be made to the indemnity which it was the object of the bill to provide; and he then explained in what sense he understood the act for governing Canada. The discussion which ensued was similar in argument and spirit to the debates in the house of lords. The house went into committee on the bill. No amendments were introduced; and on the 15th of August Lord John Russell moved the third reading, which, after a short debate, was carried without a division.



QUEEN PROROGUES PARLIAMENT.

The queen prorogued parliament on the 16th of August. Being seated on the throne her majesty was addressed by the speaker of the house of commons on the subject of the suspension of the constitution of Lower Canada, and the Irish poor-law and tithe bills. The queen then gave the royal assent to a series of bills, after which she proceeded to read the speech. In the speech her majesty lamented that war still continued in Spain; adverted to the affairs of Canada; noticed the progress which had been made towards the entire abolition of negro-apprenticeship; made some approving observations on the attention which had been bestowed upon the amendment of the domestic institutions of the country; thanked the commons for providing for the expenses of her household, &c.; and expressed her satisfaction in having given her assent to a bill for the relief of the destitute poor in Ireland. Her majesty concluded thus: "My lords and gentlemen,—The many useful measures which you have been able to consider, while the settlement of the civil list and the state of Canada demanded so much of your attention, are a satisfactory proof of your zeal for the public good. You are so well acquainted with the duties which now devolve upon you in your respective counties, that it is unnecessary to remind you of them, In the discharge of them you may securely rely upon my firm support; and it only remains to express an humble hope that Divine Providence may watch over us all, and prosper our united efforts for the welfare of our country."



DISAFFECTION AMONG THE WORKING CLASSES.

During the autumn of this year a turbulent spirit displayed itself among the working classes in the manufacturing districts. Meetings were held in various quarters, and demagogues addressed the assembled multitudes in the most inflammatory language. The two-fold cause of this disaffection was the poor-laws and the price of bread; and as a remedy for these evils the people were taught to ask for universal suffrage. A favourite practice with the parties to these transactions was to assemble by torch-light in the open air—a practice which gave a mystery to the meetings well calculated to strike the imagination of the vulgar, and which gave those whose employment did not admit of their being present in the daytime, an opportunity of attending them. The speeches delivered at these meetings have been well characterized as "furious nonsense;" but at the same time they were calculated to work mischief in the community. Happily, however, the Whigs were in office, and for their own interest's sake they restrained these ebullitions. Had there been a Conservative government, possibly the danger might have been greater.



PROPOSED REDUCTION OF THE RATES OF POSTAGE.

At this time the question of an alteration in the rates of postage was beginning to occupy attention. A proposal was submitted to the country by Mr. Rowland Hill, for substituting a uniform rate of one penny upon every half-ounce, without any reference to distance. This scheme was loudly applauded by all classes of society; and the subject was referred to a committee of the house of commons. The report of this committee was, that the high rates of postage then in existence were extremely injurious to the community, interfering with moral and social improvement; restricting commercial enterprise; impairing general national prosperity; restraining the progress of art and science; circumscribing the operations of religious societies, and acting as a grievous tax upon the poor. The report further stated that the illicit conveyance of letters prevailed to a great extent, and was on the increase; that the law was impotent to arrest the practice; and that the only mode of effectually suppressing it would be to reduce the charges to the standard of the contraband carrier. The report recommended that, prior to the establishment of an uniform rate of one penny, a similar rate of twopence per half-ounce on inland general-post letters should be adopted at the rate of one penny with every additional half-ounce, with certain exceptions. It further suggested that as soon as the revenue would bear a large temporary reduction, it would be expedient to subject all inland letters to a penny postage the half-ounce, increasing at the rate of one penny with every additional half-ounce. It advised also that payment of postage should be required in advance; and for the facilitation of this plan, recommended the adoption of stamped covers, which should have the effect of franking the letters enclosed. The use of these stamps was to be made compulsory as soon as justified by experience. At this time, the report added, it was calculated the number of letters, &c, passing through the post-offices of the United Kingdom were from 75,000,000 to 80,000,000 annually; of which about 5,700,000 were general-post letters. The number of franks was about 7,000,000; and of newspapers, 44,000,000.



THE STATE OF IRELAND.

As usual, Mr. O'Connell devoted his time during the parliamentary recess to "agitation." A series of manifestoes issued from his retreat at Derrynane Abbey, all well calculated to stir up the evil passions of human nature. Nor were these missiles the only instruments of his agitation. On the very day of his arrival in Dublin, after parliament was prorogued, he convened a meeting of his constituents for the morrow, in order to take into consideration "ulterior measures, to procure from the British legislature 'full justice for Ireland,' or to provide for the contingency of a perseverance in the refusal of that legislature to right the people of Ireland." Accordingly, a large concourse of people assembled at the Corn-exchange, and were addressed by the demagogue in that braggart style which he well knew would win its way to their feelings. In his speech Mr. O'Connell intimated his intention of forming a new association, the exertions of which were to be directed to obtain for Ireland a greater share in the representation of the United Kingdom. He developed his plan for accomplishing this design in a series of letters to the people. In these letters he founded his allegation, that Ireland had not her fair proportion of members of the house of commons, on this data. By the last census it appeared that the population of England and Wales was 13,899,675; of Scotland, 2,365,930; and of Ireland, 7,943,940. Scotland, he said, had fifty-three representatives, while Ireland had only one hundred and five; so that the Scotch had more than half the number of representatives possessed by the Irish; whereas, in order to be on an equality, the latter ought to have one hundred and fifty-nine. In order to be on an equality with the English, he said, they ought to have one hundred and sixty-six; but Mr. O'Connell said that he would be satisfied with one hundred and fifty. In order to obtain that number he proposed the organization of an association sufficiently numerous to speak the sentiments of all Ireland. For this purpose, he said, the "Precursor Society" had been established, and was now in progress of enrolment. Mr. T. M. Ray was secretary to the "Precursor Society," and to become a member it was necessary to pay him one shilling at the enrolment. All the population might have the privilege of enrolment—men, women, and children—for the more shillings that were paid, the better for the pockets of the agitators. The operations of the society was to be conducted by local boards, corresponding with that over which Mr. Ray presided at the Corn-exchange Rooms, Dublin. The duty of the "Precursor Society," in every parish, was to procure petitions to parliament for "justice to Ireland;" for a corporate reform; for an amendment of the law of election, and extension of the suffrage, and an increase of representatives. The precursors were also instructed to furnish accurate details of the state of the franchise in every parish, and to keep up and extend the registry. This was what Mr. O'Connell designated in one of his letters as "one great experiment more to obtain justice;" and if this failed, then he would have repeal.



THE AFFAIRS OF CANADA.

It has been seen in the parliamentary debates that the affairs of Canada were in a very unsettled state; it is now necessary, however, to give a brief account of the transactions which had taken place in that province.

During several preceding years great dissensions had existed in Lower Canada; and in the year 1837 these dissensions broke out into open insurrection. The provincial parliament of that province assembled on the 18th of August; but from its refractory conduct Lord Gosford was compelled to prorogue it. He had no other alternative but to dismiss the members, since they plainly declared that they suspended all deliberation until the consummation of the reforms announced by and in the name of the imperial authorities. On the prorogation of the provincial parliament everything denoted imminent troubles. The authorities were on the alert; and plans were formed for the effective disposition of the small force that the local government possessed. Nor were the loyalists inactive: a great meeting was held at Montreal, at which resolutions were adopted in support of the British government. These resolutions were followed up by the formation of regiments of volunteers, thus showing a steady determination to carry them out to the utmost. But, notwithstanding all this, the French party, or patriots, convened a great meeting in the county of Richelieu, which they termed "the meeting of the five counties," at which place delegates were collected from the various parishes. The people met in a large meadow; and in this meadow was erected a column, surmounted with a cap of liberty, and bearing this inscription:—"To Papineau, by his grateful brother patriots." Papineau was there; and after haranguing the multitude with other leaders of the faction, and a string of insurrectionary resolutions having been passed, the transatlantic demagogue was conducted to the foot of the column, where an address was delivered to him by one of his brother agitators. The proceedings of the day terminated with a procession of young men, who, marching up to the pillar, sung a patriotic hymn, and, with their hands placed on the column, devoted themselves to their country. Mischief was now fairly afloat. Soon after this a collision took place in the streets of Montreal between the "loyalists and patriots," in which the latter were defeated. The troops in Lower Canada were reinforced by two regiments sent from Halifax; and Sir Francis Head placed the whole of the troops stationed in Upper Canada at the disposal of the Lower, although there were symptoms of disaffection within his jurisdiction. Still rebellion continued. Every day displayed a new manifestation of an intended rising: on the one side men assembled in arms, using threatening language; and on the other the magistrates issued proclamations and warrants, which the military were called on to enforce. On one occasion a party of volunteer cavalry, who composed the escort of some prisoners, was waylaid by an overpowering assemblage of insurgents, who, receiving them with a galling fire, put them to the rout, and rescued the prisoners. Before the close of the last year many of the leaders of the faction were in prison, and more of them, among whom was M. Papineau, had withdrawn to a place of safety.

The insurrection in Lower Canada rendered it necessary for the British government to appoint a species of dictatorial governor, one who should possess the power of making temporary provision for the government of Canada. It has been already seen that Lord Durham was selected for this important mission, and that he had arrived in the province. Before, however, relating the particulars of his government, it is necessary to take a retrospective view of events in Upper Canada.

Sir Francis Head at this time was governor of the upper province of Canada; and at the period when he arrived there a Mr. Lyon Mackenzie, who had originally emigrated from Scotland, was a principal leader of the "Reform," or malcontent party in the province. In the year 1832 Mr. Mackenzie made his appearance in London, as the agent of his party; and in that capacity he was received with every mark of respect. Mr. Mackenzie, in fact, was so successful in his mission as to procure the removal of the attorney and solicitor-generals from their posts, a penalty which they paid for the part they had taken in joining in a vote which had expelled their antagonist from the house of assembly. He returned in triumph to Upper Canada; and, supported by the approval of the English cabinet, succeeded in regaining a seat in the house of assembly. At the ensuing election "the reformers" obtained a large majority in that assembly; and the result was that a "grievance committee" was appointed, which committee made a report that was subsequently transmitted to England. It was to redress the grievances therein stated that Sir Francis Head was despatched to Canada; and he was hailed on his arrival there as a "tried reformer." His appearance under such circumstances naturally excited the distrust of the loyalists, who gave indications of their dissatisfaction. Sir Francis Head, however, was nothing daunted at this demonstration; he had the grievances of Upper Canada to redress, and he had the remedies; and whether the Tories liked the medicine or not, he did not care a straw. At the same time he soon gave an intimation to the Republican leaders that he was not the kind of man they believed him to be. Beyond the grievances they had enumerated in the report, they had a variety of others hitherto unmentioned; and when this was intimated to him, he gave a distinct intimation that he should not take these into consideration. His graphic account of his interview will well illustrate the manner in which he treated the Republicans. He says,—"When Mr. Mackenzie, bringing with him a letter of introduction from Mr. Hume, called upon me, I thought that of course he would be too happy to discuss with me the contents of the report; but his mind seemed to nauseate its subjects. Afraid to look me in the face, he sat with his feet not-reaching the ground, and with his countenance averted from me at an angle of about seventy degrees, while, with the eccentricity, the volubility, and, indeed, the appearance of a madman, the tiny creature raved in all directions about grievances here, and grievances there, which the committee, he said, had not ventured, to enumerate. 'Sir,' I exclaimed, 'let us cure what we have got here first!' pointing to the report before me. But no; nothing that I could say would induce this pedlar to face his own report; and I soon found that it had the same effect upon all the members, and that, like the repelling end of a magnet, I had only to present it to the Radicals to drive them from the very object which his majesty's government expected would have possessed attractions." On his arrival Sir Francis Head promulgated his instructions; a step which had the effect of precipitating matters in Lower Canada. He then proceeded to act, by adding three Reformers to his executive council, making the total number six. By this means the executive council was brought into unison with the majority of the house of assembly. Thus favoured, in furtherance of the views of that body as then constituted, the board requested the governor to bestow upon it a considerable enlargement of its powers. But this sealed the fate of the executive council. Instead of granting their request, Sir Francis, who had already become hostile to the Reformers, dismissed the whole of the members of which the council was composed. This brought him into collision with the house of assembly; the supplies were stopped, and violent and condemnatory addresses drawn up. Sir Francis, however, fought them with their own weapons; when they stopped the supplies, he refused to assent to bills providing for their own contingencies; and in April, 1836, first prorogued, and then dissolved his exasperated parliament. The next assembly presented a majority of opposite politics to the last, and Sir Francis had everything his own way: he "rode on a full tide of popularity." Still he was beset with difficulties on every hand; and his mode of governing was of so novel and experimental a nature, that it was evident he must sooner or later become offensive to his superiors at home. Before the close of the year, indeed, he found himself in collision with Lord Glenelg. During that period and in the following year he addressed several memorandums to the colonial office, in which he gave a description of the political state of Canada, and offered his advice as to what measures were necessary for its good government. It must be confessed that his views were generally of the most eccentric character; and hence they were either unnoticed by the government at home, or he was given to understand that they were not thought worthy to be included among those submitted to the imperial government. The points at issue between Sir Francis and his superiors progressively accumulated, until at length the lieutenant-governor broke out into insubordination, and thereby made his recall a matter of necessity. But before his recall, and while the correspondence was passing between Sir Francis and Lord Glenelg, an insurrection broke out, which was headed by Mr. Mackenzie: Toronto was attacked by him, bearing on his colours the name of "Bidwell," the judge-elect for the court of Queen's Bench. This attack failed, and it became incumbent on Sir Francis Head's successor, Major-general Sir George Arthur, to institute proceedings against some of those engaged in the outbreak, who had been taken prisoners. Among these were Samuel Lount, a native of the United States, and Peter Mathews, an Upper Canadian, both of them men of considerable property. Mathews had headed a party, and attacked the city, when Sir Francis Head was shut up in the Town-hall; on which occasion a bridge and several houses were set on fire. Being brought to trial they pleaded guilty, and were sentenced to death—a sentence that was executed on them. Upon being informed of this event, Lord Glenelg wrote to express his regret that these severities should have been deemed requisite, and expressed a hope that no similar necessity might recur. No more of the offenders suffered capital punishment; but great embarrassment was occasioned by the number of prisoners, it being alike inexpedient to pardon and inconvenient to punish. Sir Francis Head had instituted a board of commissioners, with the vice-chancellor of the province at their head, for the purpose of investigating the cases, and classifying the offenders according to their guilt. A considerable number were finally discharged on bail; others were bound over to keep the peace; some were set at liberty; and of the remainder, a few, principally Americans, were banished from the province; while the residue, for the most part men of property and influence, were sentenced to transportation to the penal colonies. But while the government was occupied in the disposal of these prisoners, the marauders on the American side of the border were making preparations for a renewal of hostilities; and on the 30th of May, 1838, a band of these outlaws boarded the Sir Robert Peel British steamer at Well's Island, situated in the river St. Lawrence, and belonging to the United States. The passengers were robbed of everything, and the vessel was set on fire and then abandoned. Lord Durham, who had just arrived, offered L1,000 reward for the discovery and conviction of the offenders; but the marauders set the authorities, British as well as American, at defiance. Johnson, their commander, celebrated for his address and courage, became the terror of the coast, and executed his schemes of plunder with success and impunity. During the summer and autumn the preparations for invasion continued to be conducted on the American border without any attempt at concealment, and the alarm of the Canadians was naturally proportionate to the danger. Sir George Arthur devoted himself with the greatest assiduity to the defence of the province upon an extensive scale; but the known lenity of Lord Durham had excited a strong feeling of dissatisfaction in the upper province, and had created a feeling of lukewarmness, against which it was difficult to work. On the other hand, Lord Durham thought that the local government had erred on the opposite side of severity. On this subject he wrote to the government at home:—"It cannot be doubted that events of the past year have greatly increased the difficulty of settling the disorders of Upper Canada. A degree of discontent, approaching, if not amounting to disaffection, has gained considerable ground. The causes of dissatisfaction continue to act on the minds of the reformers; and their hope of redress, under the present order of things, has been seriously diminished. The exasperation caused by the conflict itself, the suspicions and terrors of that trying period, and the use made by the triumphant party of the power thrown into their hands, have heightened the passions which existed before. It certainly appeared too much as if the rebellion had been purposely invited by the government, and the unfortunate men who took part in it, deliberately drawn into a trap by those who subsequently inflicted so severe a punishment on them for their error."

It seemed, too, as if the dominant party made use of the occasion afforded by the real guilt of a few desperate and imprudent men, in order to persecute or disable the whole body of their political opponents. A great number of perfectly innocent individuals were thrown into prison, and suffered in person, property, and character. The whole body of reformers were subjected to suspicion, and to harassing proceedings, instituted by magistrates whose political leanings were notoriously adverse to them. Severe laws were passed, under colour of which individuals very generally esteemed were punished without any form of trial—I make no mention of the reasons which, in the opinion of the local government, rendered those different steps advisable, because my object is not to discuss the propriety of its conduct, but to point out the effects which it necessarily had in augmenting irritation. The revolt in Lower Canada has been noticed at the commencement of this article. After this event Lord Gosford was recalled, and during the interval between his departure, and the arrival of Lord Durham, the functions of government in that province devolved on Sir John Col-borne. The first care of Sir John, after the termination of the revolt, concerned the disposal of the prisoners, of whom a great number remained in custody. In the whole, about three hundred and twenty-six were from time to time liberated, leaving about one hundred and sixty in confinement, among whom seventy-two stood charged with being among the principal promoters of the insurrection. It was not expected that any of these would be convicted if tried by ordinary juries; but Lord Glenelg being informed of this, declined to sanction a resort to any other species of court, without previously submitting as a practical test the anticipations as to the issues of the ordinary tribunals. Sir John Colborne was instructed to take steps for reducing the number of prisoners still remaining, by allowing some of them after arraignment to plead guilty, on the assurance that the judgment recorded against them should not be executed, if they would consent to leave the province. From the remaining number he was directed to select four or five cases, and bring them before the ordinary courts of the province, the juries being convened according to the existing practice; but in case this line of proceeding should not appear expedient, it was suggested that a law should be passed, suspending the habeas corpus act, and that the prisoners should be detained until Lord Durham's arrival. Sir John Colborne adopted this latter course, being little disposed to try state-prisoners under what he considered a certainty of their acquittal. In the meantime, however, the news arrived of the new act of parliament, which provisionally invested him with the powers which were eventually to devolve on Lord Durham. In pursuance of his fresh instructions he proceeded to nominate provisionally a special council, consisting of twenty-one members, of whom eleven were French Canadians, and two natives of the province. After preparing a series of "rules and orders" for the better conduct of their deliberations, this council proceeded to pass ordinances for such domestic objects as would have come before the local parliaments in the ordinary course, and to take necessary measures to meet the peculiar exigencies of the time. Among the latter class may be mentioned enactments suspending the habeas corpus, and imposing certain restrictions on the publishers of newspapers. An ordinance was also passed to continue the local act for the transportation of offenders from the province to England, and from thence to New South Wales and Van Diemen's Land; an act which was on the point of expiring. By a second ordinance it was provided that, upon the petition of any person charged with high treason committed in the province, it should be lawful for the person administering the government, before the arraignment of the offender, to grant a pardon upon such terms as should seem proper, which pardon should have the same effect as an attainder, so far as regarded the forfeiture of the real and personal estate of the person therein named; and further, that in case any person should be pardoned under that ordinance, upon condition of being transported, or of voluntary banishment, either for life or for a shorter time, and should afterwards return without lawful excuse, contrary to the condition of his pardon, he should be deemed guilty of felony, and forfeit his life. By a third ordinance it was enacted that if a person against whom an indictment for treason was found by a grand-jury in the province would not appear, he might be summoned by proclamation to surrender himself by a given day, such day not to be less than three months from the date of the proclamation; and in the event of his failing to do so, should stand and be adjudged attainted of the crime expressed in the indictment, and suffer and forfeit accordingly, and judgment be recorded to that effect. After issuing these ordinances, with others of minor importance, and after repealing martial-law in the district of Montreal, on the 5th of May the council was prorogued. On the 29th of the same month Lord Durham arrived at Quebec, and immediately proceeded to the council-chamber at the castle, and took possession of the government with the accustomed formalities. His first act was to issue a proclamation, assuring the people that he appeared among them as a friend and arbitrator, ready at all times to listen to them without respect to party, race, or politics. On the 31st of May he addressed a circular to the respective members of the executive council, dispensing with their services, having previously formed another, composed of the secretaries to the general government; namely, C. Buller, Esq., M.P., chief secretary; T. E. M. Turton, Esq., secretary; Colonel G. Couper, military secretary; the provincial secretary; and the commissary-general. Among the earliest measures of Lord Durham was the mission of Colonel Grey to Washington, with instructions to expostulate with the American government on the state of things existing on its own borders. Colonel Grey obtained the fullest assurances of the president that the American government desired to preserve the good understanding existing with England, and ample promises of co-operation in any measures which Lord Durham might think necessary to adopt for restoring the peace of the frontier. A more difficult affair for Lord Durham to settle was the disposal of the state prisoners. His lordship himself remarked that it was "by far the most delicate and dangerous" of all the matters requiring settlement. The manner in which his lordship settled this question has already been seen in the record of the recent debates in parliament. Having appointed a special council, consisting of five members only, he, with the sanction of this council, issued an ordinance, which, after reciting that Wolf Nelson, and seven others therein named, had acknowledged their participation in high-treason, and submitted themselves to her majesty's pleasure, and that Papineau with fifteen others had absconded, enacted that it should be lawful for her majesty to transport Nelson and his seven associates to Bermuda, during pleasure, there to be subjected to such restraints as should be deemed fit; and further, that if any person of the above classes should be found at large, or within the province without permission, they should be deemed guilty of high-treason, and on conviction of coming within the province, suffer death. The ordinance further empowered the governor for the time being to grant, whenever he should think fit, permission to all, or any, of the above-named individuals to return to the province. By a special clause two other classes of persons implicated in the murder of Lieutenant Weir and one Joseph Chartrand, were excluded from the operation of the ordinance, and from the benefit of any amnesty which might be proclaimed. The ordinance was accompanied by a proclamation of amnesty, which declared that, with the exception of the persons named therein, all persons then in custody on a charge of high-treason, or who had withdrawn themselves from justice beyond the limits of the province, should, on giving proper security, be at liberty to return to their own homes. What views were taken in the imperial parliament has been seen. During the debates there, Lord Durham applied himself to the consideration of questions connected with the management of the crown-lands within his dominion. He formed a design for making these lands more subservient to the purpose of emigration than they had hitherto been. A commission of inquiry into the disposal of the crown-lands to that end was issued by him, and he directed similar investigations to be instituted in the other colonies subject to his control. Subsequently his lordship commenced a progress through the two provinces; and, according to his despatches, he was warmly greeted on every hand. He writes:—"Everywhere, in the most insignificant village, as in the most populous town, I have been received with the utmost enthusiasm: in fact, in no part of England have I ever been more warmly greeted, or received more unequivocal marks of respect from all ranks and classes. I announce this fact with much satisfaction, as it is an unerring mark of the feelings with which the measures which I have adopted for the public good have been regarded by the great majority of the inhabitants of the two provinces." It is quite clear, however, that Lord Durham had not conciliated the great body of the people. During the month of September, those who were charged with the crime of murdering the French Canadian, Chartrand, were tried, and although they were arraigned before a jury consisting exclusively of French Canadians, and were moreover notoriously guilty, they were acquitted. On this subject, in one of his reports, Lord Durham says:—"A perusal of the notes of the chief-justice in this case, will satisfy every candid and well-ordered mind, that a base and cruel assassination, committed without a single circumstance of provocation or palliation, was brought home by evidence, which no man ever pretended to doubt, against the prisoners, whom the jury nevertheless acquitted. The duty of giving this dishonest verdict had been most assiduously inculcated by the French press before the trial came on; the jurors are said to have been kept for some time in the hands of zealous partizans, whose business it was not only to influence their inclination, but to stimulate their courage; the array of the leaders of the party who were present at the trial, was supposed to be collected for the same purpose; and it is notorious that the acquittal was celebrated at public entertainments, to which the jurors were invited, in order that they might be thanked for their verdict." This intelligence seems to have had the effect of opening the eyes of Lord Glenelg and his colleagues, as to the impolicy of the restrictions which had been imposed upon the colonial authorities with respect to the trial of political offenders. In his reply, Lord Glenelg stated that it was the desire of her majesty's government that an ordinance should be passed by the special council of Lower Canada, constituting a tribunal for the trial of treason and murder; leaving it to Lord Durham's own discretion how such a tribunal should be formed. It does not appear, however, that Lord Durham adopted any plan for securing the conviction of such offenders as it might be deemed expedient to bring to trial. He scarcely, indeed, had an opportunity of making any alteration in the criminal law. Soon after Lord Glenelg had given directions on that point, he was compelled to communicate the determination of ministers to annul his celebrated ordinance. After informing him that so much of that edict as related to the Bermudas was generally admitted to be invalid, and that in all other respects the law-officers of the crown thought its provisions were within the competency of the governor and special council; he said that, in consequence of the discussions in parliament, and the unpopularity of the penal parts of the ordinance, government, though reluctantly, advised her majesty to disallow the ordinance. Lord Glenelg then proceeded to direct Lord Durham, with a view of preventing the return of the prisoners from Bermuda, to pass an ordinance subjecting them to such penalty, short of death, as might be thought expedient, in the event of their being convicted of returning to the province without permission. With regard to those who had previously fled from justice, it was suggested it might be sufficient by proclamation to make it known that, should they re-enter the province, they would be forthwith arrested, and dealt with according to law, on the charge of treason. The expediency of suspending the habeas corpus act was pointed out; and the despatch concluded with an assurance of the earnest desire of ministers to afford Lord Durham the utmost support in the arduous discharge of his duties. Before these instructions were received, however, Lord Durham had despatched a letter notifying his resolution to resign his office. In this letter he dwelt on the incessant persecutions to which he was exposed in the house of lords; the backwardness of ministers in his defence; and the injurious effects of these circumstances upon the moral authority of his government. "Upon two things," said he, "could I chiefly rely for ultimate success: first, the great extent of the legal powers conferred upon me; secondly, the impression which prevailed throughout the colonies, that I might reckon with perfect confidence on the undeviating support and approval of the government." Deprived of these by the proceedings in question, he proceeded to say, the prestige of his situation was gone for ever, and he had resolved to quit his untenable post, Soon after this, Lord Durham forwarded to Lord Glenelg a statement of the grounds upon which he was prepared to maintain that no part of the ordinance was illegal, however imperative it might, and must of necessity be without assistance and co-operation at home. In another paper, of the same date, he entered at great length into an examination of the conduct of ministers in the late proceedings, arraigning them with great severity for deserting him in the hour of need. He asked, "in what their opposition to the second reading of Lord Brougham's bill consisted? In a concession far more calculated to weaken my hands than would have been any vote of the house of lords, in which it is notorious that her majesty's government have never commanded a majority." His lordship added, "A vote of the house of lords adverse to her majesty's government, or merely condemnatory of any proceedings of mine, would have been considered almost as a matter of course in the present state of parties; and would, if it had been decidedly opposed by the ministers, have left my authority untouched, because it would have been attributed to the mere party motives of a powerful opposition." After remonstrating against the conduct of ministers, Lord Durham proceeded to vindicate his policy. As regarded the particular defect of the ordinance, his lordship contended that he had power to banish people from the province, to keep them in custody during the transit, and to land them at Bermuda or elsewhere. At the same time his lordship admitted that his jurisdiction did not extend further: once landed in Bermuda, the prisoners were subject only to the laws of the island. Lord Durham, after justifying his policy, made some remarks on the impossibility of governing the country with any effect; and then proceeded to consider Lord Glenelg's suggestions of the course which it was advisable to adopt in the present emergency. His lordship treated the suggestion of another ordinance, banishing from the province the eight persons who had been sent to Bermuda, as futile; and stated that he had strong objections to the suspension of the habeas corpus. He remarked:—"Men's notions of right and freedom would be more shocked at such an universal violation of every man's dearest rights, than by any summary process adopted for the punishment of the undeniable guilt of a few. In the event of a general outbreak, it might be proper that the government should be armed with the power of arresting objects of its suspicion without trial. But there existed no such necessity at present; and he did not think it justifiable to take away the franchise of a whole people, in order to punish a few known and dangerous individuals, or to guard against the misconduct of twenty-three men, by enveloping them in a general forfeiture of personal liberty." In conclusion Lord Durham intimated his intention of remaining a few weeks longer, only in order to complete certain measures then in progress. Upon the receipt of Lord Durham's first announcement of his intention to throw up his office, Lord Glenelg endeavoured to soothe his mind, by acknowledging that he had much reason to complain; and entreated him, upon public grounds, to reconsider his decision. His lordship, however, remained firm: he retained office only until arrangements had been made for some one to assume the reins of government. Before he left Canada he proclaimed the act of indemnity, and notified her majesty's disallowance of the ordinance. He accompanied the promulgation of these acts with a manifesto, in which he forgot alike what was due to the country and to himself. The tendency of this manifesto will be seen by Lord Glenelg's remarks upon it. He observed:—"The proclamation of the 9th of October, her majesty's confidential advisers regard not merely as a deviation from the course which has hitherto been invariably pursued by the governors of British possessions abroad, but as a dangerous departure from the practice and principles of the constitution. They consider as open to a most serious objection an appeal by such an officer to the public at large, from measures adopted by the sovereign, with the advice and consent of parliament. The terms in which that appeal has been made, in this instance, appear to her majesty's ministers calculated to impair the reverence due to the royal authority, to derogate from the character of the imperial legislature, to excite amongst the disaffected hopes of impunity, and to enhance the difficulties with which your lordship's successor will have to contend. The ministers of the crown having humbly submitted this opinion to the queen, it is my duty to inform you that I have received her majesty's commands to signify to your lordship her majesty's disapprobation of your proclamation of the 9th of October. Under these circumstances, her majesty's government are prepared to admit that your continuance in the government of British North America could be attended with no beneficial result." Lord Durham's manifesto was deservedly condemned by all parties, as unbecoming the office and character of the queen's representative: it procured for him, in the Times newspaper, the unenviable title of "the lord-high seditioner." In Canada, however, it increased the golden opinions entertained of him greatly. Public meetings were convened, and addresses expressive of sorrow at his resignation poured in upon him from all quarters. At home, also, there were those who admired his character and applauded his conduct. His lordship sailed from Quebec on the 1st of November, and on the 26th he arrived in Plymouth harbour. At Plymouth, Devonport, and Exeter he received complimentary addresses, and unfortunately he was betrayed upon these occasions into renewed indiscretions, the only excuse for which could be that he had received most serious provocation.

In his reply to the addresses at Devonport and Plymouth, Lord Durham boasted that he had "effaced the remains of a disastrous rebellion," and "had conciliated the esteem of a great and powerful nation, in which were to be found all the elements of danger or security to our North American possessions." Before he reached Exeter, however, where another address awaited him, he was compelled to say that he had foreseen another event, the intelligence of which had just been conveyed from Liverpool—the renewal of the rebellion in Canada.

On the departure of Lord Durham, the government again provisionally devolved upon Sir John Colborne. It was expected before he set sail that a renewal of the rebellion would take place during the winter. On the 20th of October, indeed, his lordship had informed Lord Glenelg that the indications of mischief were so numerous and urgent that it was no longer possible to conceal a consciousness of danger. The indications of conspiracy had, in fact, become undeniable. Throughout the French population there existed a formidable organization, bound together by oaths and secret signs. Knowing this, the loyalists in both provinces either took up their abode in the towns, or fled altogether from the British dominion. What made their situation the more critical was the reluctance of the militia and volunteers to take up arms. This was especially the case in Upper Canada, and it seems to have chiefly originated in their dissatisfaction with the lenity of the government. No sooner had Lord Durham departed than the danger became imminent. Arrests took place at Montreal on the following night: domiciliary visits were general; guards and pickets were dispersed in all parts of the city, and its approaches occupied. It was originally intended by the insurgents that the rising should take place at Montreal, on Sunday, the 3rd instant, when the troops were unarmed, and at church. The precautions of Sir John Colborne, however, defeated this scheme, and Beauharnois was selected for the theatre of war. The habitans were now, therefore, once more in arms against the British crown. A numerous party attacked the house of Mr. Ellice, late private secretary to Lord Durham, and that gentleman with three others were carried away by the rebels. On the same day an interesting incident occurred at Caughnawaga, an Indian village. While at church, the Indians were informed that a large body of armed men were secreted in their neighbourhood; and rushing from the sacred walls, they hurried home, seized what arms came to hand, raised the war-whoop, fell upon the enemy, and captured seventy prisoners, with scarcely a show of resistance. The Indians conveyed their prisoners to Montreal, bound with their own sashes and garters; and when Sir John Colborne thanked the chief of the party, he characteristically offered to bring in the scalp of every habitant in the vicinity within twenty-four hours. Sir John Colborne, however, did not think it prudent to give him such a commission, though use of these warriors was made during the struggle. Every day the number of the insurgents increased. Between the 3rd and 6th of November, four thousand were concentrated at Napierville, in La Prairie, under the command of Dr. Robert Nelson, Dr. Cote, and one Gagnor. Upon this point Major-general Sir James Macdonnell was directed to march; but before he could arrive the rebels had dispersed, and were beyond pursuit. In their route they were twice attacked and defeated by a small party of volunteers, losing in the whole sixty men killed, and having about an equal number wounded. The loyalist forces now scoured the insurgent districts, and it was found impossible to prevent many excesses from taking place. The village of Beauharnois was partially destroyed by fire, and the houses of disaffected persons in every part shared the same fate. But while the war was thus easily suppressed in Lower Canada, their American coadjutors were actively engaged on their side. On the evening of the 12th they effected a landing at a place called Prescott, in Upper Canada, to the number of five hundred men, carrying with them several field-pieces. These were, however, defeated by the troops under the command of Colonel Dundas, Major McBean, Colonel Young, and Captain Sandom. Nearly two hundred of them were taken, and conveyed to Kingston, to be tried by court-martial; many were slain, and the rest escaped across the river. Another attack was made by the American marauders on the 4th of December, near Sandwich, at the western extremity of Upper Canada. A steam-boat and the barracks were set on fire, and Dr. Hume, a military surgeon, having fallen into their hands, was barbarously murdered. On discovering this outrage, the militia, under the command of Colonel Price, assembled, and on their approach the enemy fled. Twenty-six of their number were slain in their flight, and twenty-five captured.

In the meantime Sir John Colborne and his special council were busy in the exercise of their legislative functions. Ordinances were passed for substituting martial law, for suspending the habeas corpus, for the attainder of persons against whom the sentence of courts-martial should be given, and for preventing, by highly penal provisions, the administering of unlawful oaths. It had been suggested by Lord Glenelg to Lord Durham, that a special court for the trial of "rebels and murderers" should be instituted. Sir John Colborne, however, preferred to resort to courts-martial for the disposal of prisoners recently captured. Soon after the dispersion of the insurgents, therefore, a general court-martial was convened, and twelve prisoners, all of French extraction, were arraigned before it. Two of these were acquitted, and the rest were sentenced to death; a sentence, however, which was only executed upon two of the most notorious—Cardinal, a notary, and Duguette, a tavern-keeper, who had commanded in both insurrections. In Upper Canada, where Sir George Arthur provisionally governed, the difficulties attendant upon the disposal of the prisoners were greater. The Upper Canadians demanded severity, and would not hear of mercy being extended to men whom they deemed robbers and murderers. A court-martial was assembled at Kingston for the trial of some of the recently captured prisoners; and several of them, as Van Schoultz, a Pole, who commanded the brigands, and three of his associates in command, Abbey, George, and Woodruff, were executed. Not long afterwards five more of the prisoners, three of whom had been engaged in the affair near Sandwich, suffered the same fate. At this time, indeed, according to Sir George Arthur's report, the feelings of the loyal portion of the inhabitants of the upper province, were in the highest degree exasperated. He writes:—"Never was there a task more difficult than to decide what course, under the existing circumstances of the country, should be pursued, so as to combine the least possible violation of public feeling with a sense of justice, preserving withal a due and necessary regard to mercy in its administration; mercy not only as regards the prisoners, whose fate was yet undecided, but which respectively has reference to the lives that may hereafter be sacrificed by the adoption of a present injudicious measure."

It may be mentioned that while these events were transpiring in Upper and Lower Canada, the remainder of the British North American provinces were in perfect harmony with the British government. In Newfoundland, indeed, there were the elements of discord between the colonial legislature and their rulers, superadded to which were religious dissensions; but these circumstances gave no cause for alarm. The broils prevailing there owed their existence to Roman Catholic agitation; but the Protestant interests were too strong to be shaken by them, or the government disturbed.



THE STATE OF THE CONTINENT.

During the whole of this year the war still continued in Spain. The Carlists were less successful and less enterprising than in the two preceding years; but their cause was not yet hopeless. A body of them was defeated at Yebenes, in the province of Toledo, and at Val de Penas in New Castile, by Major-general Flinta; but shortly after this latter defeat they took possession of Almaden, with its famous quicksilver mines, the only element of credit remaining with the queen's government. Basilio Garcia, however, failed in his endeavours to destroy the works of the mines; and having evacuated the town, retired into the mountains of Toledo, whence he harassed the surrounding country, and levied heavy contributions. While Basilio Garcia was carrying on war in Castile and Grenada, another body of Carlists, under the command of Count Negri, was making its way into the interior. He advanced as far as Segovia, but he then turned to the northward; and after presenting himself to no purpose before the walls of Valladolid, he hastened his retrograde march with all possible diligence towards the mountains. In the meantime Basilio Garcia had been again defeated at Bejar with great loss; and he hurried with the remains of his column into the province of Soria, where he effected a junction with Balmaseda. All this time Don Carlos was at Estella; but on the 10th of May, the discontent of the Nayarese in his service compelled him to withdraw to Tolosa. About this time Espartero, who had been elevated to the rank of captain-general of Spain, commenced active operations. He advanced to Pampeluna, and Don Carlos then removed to Glorrio. A series of conflicts now took place; and the struggle closed with the battle of Maella, in which Cabrera, who was the only Carlist general who in this year increased his reputation, defeated the Christino general, Pardinas, with great loss: out of 4,500 men only 1,500 men are said to have escaped: Pardinas himself was slain. But one of the most important events that took place during this year in Spain was an insurrection at Seville, headed by Cordova and Narvaez; this, however, was quelled by the activity of Espartero.

The history of Portugal for the year is marked by no very striking event. The efforts of the Cortes were chiefly directed to the averting of the catastrophe of a national bankruptcy, which was effected by the acceptation of a loan, conjointly tendered by the Mercantile Association, and the Lisbon bank. Early in March a street riot took place in the capital, and threw it into disorder for some few days; but it did not produce any result beyond the bloodshed which it occasioned. The Miguelite guerillas, however, ravaged Portugal, and especially the southern provinces, more this year than they had hitherto done. Remeihido, especially, who had been educated for the priesthood, committed many daring acts; but in the course of the summer he was attacked in his mountain-fastnesses by Colonel Fontoura, and after a sharp conflict his band was routed, and himself captured: he was shot at Faro.

In the month of March the king of Holland intimated to the conference at London sitting on the Hollando-Belgic question, that "having been constantly disappointed in his just expectations of being able to obtain by negociation better terms for his beloved subjects, he had become convinced that the only pledge which still remained for him to give of his regard for their welfare, and the sole means to attain his object, consisted in a full and entire assent on his part to the conditions of separation which the courts of Austria, France, Great Britain, Prussia, and Russia, had declared to be unalterable and irrevocable." His majesty, therefore, declared his readiness to accept the twenty-four articles which had been agreed upon in the year 1831. Belgium, however, now refused to accede to the arrangement, by resolving not to cede Luxembourg. But the conference insisted peremptorily on its cession; and it was quite apparent that Belgium would be compelled to render obedience to its decree.

It may be mentioned that an important treaty of amity, commerce, and navigation, was this year concluded between Great Britain and Austria, thus further cementing the ancient and natural alliance between two countries, of whom it has been said, "that for one hundred and fifty years they have always had the same enemies, though those enemies have not been the same."



CHAPTER L.

{VICTORIA. 1839—1840}

State of Parties..... Meeting of Parliament..... The Corn- law Question..... The Affairs of Ireland discussed in Parliament..... Proceedings in Parliament respecting Jamaica..... Resignation of Ministers, and Failure of Sir Robert Peel to form a new Administration, &c...... National Education..... The Affairs of Canada..... The second Jamaica Bill, &c...... Bill for the Suppression of the Portuguese Slave trade, &c...... Motion for the Ballot..... Act for the better ordering of Prisons..... Motion for a Committee of the whole House to consider the National Petition..... Birmingham Riots, &c...... The Budget; proposed Reduction of Postage Duties, &c...... Prorogation of Parliament..... Affairs in the East Indies..... State of the Continent.



STATE OF PARTIES.

{A.D. 1839}

It has been noticed in a previous page that the relative strength of the two great parties in the country continued much the same as they were at the commencement of the year 1837. The Whigs, indeed, gained by the change which had taken place in the monarchy, inasmuch as by the death of the late king they were delivered from an avowed adversary, and by the accession of Queen Victoria they gained a known friend to their cause. The ministers, indeed, found considerable advantage in her support. Yet in the house of commons the number of' their supporters had upon the whole rather decreased since their accession to the government; and in the country generally their popularity may be said to have continued on the decline. One of the principal grounds in this change is to be found in the connection of government with the agitator O'Connell. Although that gentleman had rendered many services to the cause of reform, yet his delinquencies were so many, that he never enjoyed the sympathy of any considerable mass of the English people. Moreover, popery, of which he was one of the leaders, is still unpopular in this country, and the Conservatives sedulously took advantage of the connection of the ministers with him to raise apprehensions of Romanist intrigue and encroachment. This was, therefore, a great source of embarrassment to the ministry; and yet they could not offend this man of the people of Ireland by standing aloof from him. Another cause of embarrassment was the movement of the people calling themselves Chartists.



MEETING OF PARLIAMENT.

Parliament was opened by the queen in person on the 6th of February. The speech referred to the discontents in England and Ireland and the insurrection in Canada, and recommended improvements in the law, and reforms as the remedy for this state of things, while it expressed a determination to maintain the authority of the crown.

The addresses in the lords and commons were, as usual, the occasion of long party debates, in which all the irritating topics of the day were made the most of by the opposition. The affairs of Ireland and the East occupied the greatest prominence; next to these, Chartism and the general distress; while Canada and the Iberian peninsula afforded fertile subjects for the opposition speakers, with which to annoy the government. Free-trade, and the duties on the importation of corn, became a subject of important debate at this juncture. In the commons Sir Robert Peel threw himself, acrimoniously, and with all his energy, into this controversy, and used all the exploded arguments of the protectionists with the air of one who for the first time urged them upon the house. Mr. Villiers severely chastised the protectionist champion, showing how unscrupulously he played the part of a plagiarist even in the sophisms he employed. Mr. Duncombe had the bad taste to move an amendment, which he knew there was no hope of carrying, or of finding a tolerable minority to support, thus impeding the public business without any counterpoising benefit.

When the address was brought up, Mr. O'Connell animadverted in strong language upon the transfer of Limbourg and Luxembourg to Holland: it was one of the greatest cruelties ever committed that the five powers should impose such terms on Belgium. In reply, Lord Palmerston observed that by the treaty of Vienna Limbourg was annexed to the Seven United Provinces. Luxembourg, by the same treaty, was constituted a separate sovereignty, as a grand duchy, to be held by the same individual who should be king of the Netherlands; but by a separate title, and transmissible in a separate line of succession. The kingdom of the Netherlands went to the heirs general of the king, while Luxembourg would descend to the heirs male only: the king of the Netherlands in that character was not a member of the Germanic confederation, but he was a member as grand duke of Luxembourg; and when the grand duchy was formed, it became subject to the federal constitution, and to the regulations which bound the members of the confederacy. When the revolution broke out it extended to Luxembourg, and the king of the Netherlands applied for aid to the five powers. It was ultimately found that the only way of arranging the difficulties between Holland and Belgium was a separation; but the five powers did not feel themselves competent, nor were they competent according to the treaties which governed the relations of the states of Europe, to deal with the question as regarded Luxembourg. In the progress of the negociation the Belgian government expressed a strong desire that a portion of Luxembourg and Limbourg should form a part of Belgium; and the five powers had no objection to this, provided the consent of the Germanic confederation, which had full liberty to re-establish the grand duke in his rights, could be obtained. The diet gave permission, on condition that some equivalent portion of territory should be ceded by Belgium in return for what was detached from the duchy of Luxembourg. To these terms the Belgian government consented, and an arrangement was made, by which it was agreed that for the incorporation of a part of Luxembourg in the kingdom of Belgium an equivalent should be provided by the latter state. This arrangement formed part of the twenty-four articles; and it was perfectly true that these articles, as Mr. O'Connell had said, were accepted by Belgium, and not by Holland. When, however, these articles were incorporated into a regular treaty between Belgium and the five powers, then that treaty became a binding instrument on the contracting party: the five powers were entitled to keep Belgium to the terms of the treaty, and Belgium in turn was entitled to claim their observance of it. The Belgian government had, indeed, on various occasions appealed to the treaty as the charter of its rights; and it was preposterous that, after so regarding it for eight years, they should finally declare to all Europe, because it suited their convenience, that the fundamental articles of the treaty were of no obligation to them. His lordship concluded by saying that, so far from its being an injustice in the five powers to refuse to add Luxembourg to Belgium, it would have been an act of the grossest oppression if they had consented to make a violent seizure of that territory for the purpose of transferring it: all that was done was to leave the matter as it was settled at the congress of Vienna.



THE CORN-LAW QUESTION.

At this time a great many petitions had been presented to both houses of parliament on the subject of the corn-laws. On the 18th of February Lord Brougham moved that these petitions should "be referred to a committee of the whole house, and that evidence be heard at the bar." The Dukes of Buckingham and Richmond and Earl Stanhope opposed the motion; and Lord Melbourne thought that the plan proposed would have no other result than the obstruction of the business of the house, and to perplex and embarrass the question itself. The Duke of Wellington said that the proposed mode of inquiry was without a precedent, and contended that without protection agriculture could not prosper. The reduction of the duty even a trifle too much might involve the country in the utmost difficulty, by rendering the cultivation of the soil impossible, and thereby ruining a large class of industrious and at present happy people. The motion was negatived without a division.

The subject of the corn-laws was debated in the house of commons on the following day. Mr. Villiers moved, "that certain persons be heard at the bar of the house by their agents, witnesses, or counsel, in support of the allegations of the petition presented to the house on the 15th instant, complaining of the operation of the corn-laws." In support of this motion, Mr. Villiers considered at great length the effect of the corn-laws upon the manufactures and commerce of the country. Sir Francis Burdett objected to the course proposed; but, at the same time, he stated that it was his conviction that the landed interest, in which he was himself concerned, was under erroneous impressions on the subject. The debate which followed brought out speeches from many of the men who afterwards took so prominent a part in promoting or opposing the repeal of the corn-laws—such as Mr. Mark Philips (member for Manchester), Lord Stanley, Lord Howick, and Sir Robert Peel. The first-named made a useful and practical speech; Lord Stanley an absurd one; Lord Howick was as capricious and crotchetty as on most other occasions; Sir Robert Peel repeated himself and other hack orators on the side of the protectionists. Mr. Villiers made a calm and effective reply, in which he especially directed his skill as a debater to the exposure of the fallacies of Sir Robert Peel, whose ignorance or partizanship he handled with a calm and dignified severity. On a division the motion was rejected by three hundred and sixty-one against one hundred and seventy-two.



THE AFFAIRS OF IRELAND DISCUSSED IN PARLIAMENT.

On the 1st of January an Irish nobleman, Lord Norbury, was savagely murdered. His lordship was shot within sight of his own house, in clear daylight, with many people at hand, and yet the assassin escaped with impunity. The occurrence was the more shocking, because the deceased nobleman was a most exemplary character both as a man and as a landlord. His lordship expired on the 3rd of January, after forty-three hours of suffering; and on the same day a notification to the magistrates was issued by the lord-lieutenant of the county, requesting their attendance on the 10th instant, to consider the measures necessary to be taken in consequence of the late outrage. This meeting was held, under the auspices of Lord Osmantown, at Tullamore, and in the course of it resolutions to the following effect were unanimously adopted:—"That it appears to this meeting, that property had its duties as well as its rights; that the answer conveyed to the magistrates of Tipperary by Mr. under-secretary Drummond has had the effect of increasing the animosities entertained against the owners of the soil, and has emboldened the disturbers of the public peace. That finding from the circumstances mentioned in the former resolutions that there is little room to hope for a successful appeal to the Irish executive, we feel it a duty to apply to the people of England, the legislature, and the throne, for protection. That the magistrates assembled are determined to co-operate with the government in any manner pointed out by her majesty's ministers which may give the slightest hope of restoring tranquillity in this distracted country." In the meantime the opposite party made efforts of counteraction. Mr. O'Connell was indefatigable in stirring up his Precursor Society and other similar machines of agitation. Festivals were even held in honour of the demagogue; and at one of these Mr. O'Connell actually asserted that the assassin of Lord Norbury had left on the soil where he had posted himself, not the print of a rustic brogue, but the impress of a well-made Dublin boot. By this and other insinuations, indeed, the arch-agitator directed the minds of the audience to the conclusion that the earl had met his death at the hands of one bound to him by the nearest of natural ties—his son.