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The History of England in Three Volumes, Vol.III. - From George III. to Victoria
by E. Farr and E. H. Nolan
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DISSENTERS' CHAPELS BILL.

During this session a bill was brought into the house of lords by the lord-chancellor for confirming the possession of religious endowments in the hands of dissenters, and arresting such litigation as had recently taken place in the case of Lady Hewley's charities, which were endowed by her for Calvinistic Independents, but which had gradually passed to the Unitarians, whose occupancy was successfully opposed. The lord-chancellor's bill proposed to terminate all further legal controversy respecting the right to voluntary endowments connected with dissenting chapels, by vesting the property in the religious body in whose hands it had been for twenty years. The bill was opposed in the house of lords by the Bishops of London and Exeter, the Earl of Winchilsea, and Lords Kenyon, Teynham, and Mountcashel; but it was carried by a large majority. Before it came under discussion in the house of commons a vigorous opposition was manifested against it, especially by the Trinitarian dissenters. Public meetings were held, and petitions were sent up from all quarters against the obnoxious proposition. Under these circumstances, on the 6th of June, when the second reading of the bill was moved, the attorney-general explained its objects, which, he said, had been misunderstood. The alarm which this bill had created, namely, that it would have the effect of encouraging Unitarian doctrines, he contended was wholly unfounded. An act had been passed in 1813, legalizing the foundation of schools and chapels for the benefit of the Unitarians, and placing them upon the same footing as other Protestant dissenters. The question then arose respecting foundations which might have been made before 1813, when the Unitarians were excepted out of the Toleration Act: namely, would they or ought they to take from that body, which was now legal, and could legally endow chapels, that which they possessed, because it was given them before the year 1813? The first clause of the bill put not only Unitarians, but all Protestant dissenters on the same footing; it rendered the toleration act retrospective. The second clause, he continued, related to dissenting chapels only; not to general charitable foundations. By the present law, the will of the donor must be binding; but it was not to be assumed, in the case of every religious charity, that it was founded for a particular sect, even though the donor held the doctrine of that sect. It was said, that the bill would encourage trustees to violate their trusts, and hand over the property for purposes not intended by the donor. It could do no such thing. Dissenting chapels were thus founded:—Congregations of dissenters wishing to establish places of meeting and chapels for worship, formed together voluntary associations, which associations subscribed funds, purchased the land, and built the chapels. In the first instance these chapels were vested in trustees; but he was told that so little had the trustees to do with the arrangement or control of these chapels, that in the great majority of cases when the original trustees died, no fresh ones were appointed to succeed them: the congregation relying upon possession. In this country every question of private right was decided upon usage; twenty or thirty years' possession prevailed against both the crown and the church. Why then should it not be applied to the property in dissenters' chapels? He was told that the consequence might be, that property now possessed by Presbyterians or other dissenters would in the lapse of time fall into the hands of the Unitarians. How could it be so? By the bill the usage must be that of the congregation. Notwithstanding this explanation, the bill was strenuously opposed in the commons by Sir Kobert Inglis, who moved that it should be read a second time that day six months, and by other members of the house, who looked upon it as outraging and insulting the Christian feeling of the country. On a division the amendment of Sir Robert Inglis was negatived by a majority of three hundred and seven against one hundred and seven. The house then went into committee on the bill, and having made some unimportant amendments to it; it passed and was sent up to the lords, where it again became the subject of discussion. It was opposed in its progress by the Bishop of London, who moved "that the amendments be taken into consideration that day three months," but this was negatived by two hundred and two against forty-one, and the bill then passed.



SEES OF BANGOR AND ST. ASAPH.

During this session the Earl of Powis renewed his proposition for repealing so much of the act of the 6th and 7th William IV. as related to the union of the sees of St. Asaph and Bangor. In Ins speech the noble lord laid great stress on the numerous petitions from every county in North Wales, and from many in South Wales and England, as testifying the unanimous feeling pervading the clergy throughout both countries and all classes in Wales against the suppression of one of those ancient bishoprics. On its second reading, the measure was opposed by the Duke of Wellington and the Archbishop of Canterbury; and supported by the Bishops of St. Davids, Lincoln, Exeter, London, and Salisbury, and the Earls of Winchilsea and Harrowby. On a division, it was carried by a majority of forty-nine against thirty-seven; but though the second reading was thus carried, a difficulty arose in another quarter, which frustrated the endeavours of the friends of North Wales to preserve the integrity of its episcopate. On the motion for its third reading, the Duke of Wellington announced that the bill was one which touched the prerogative of the crown, and that he was not authorized to give her majesty's consent to its further progress. The manner in which the question of the crown's prerogative arose in this case was explained by the lord-chancellor. His lordship remarked, that during the vacancy of a see, the temporalities belonged to the crown; and any alterations in a see, therefore, affected the pecuniary interests of the crown; and there could be no doubt that where the pecuniary interests of the crown were concerned, its consent was necessary. He doubted whether he was authorized in putting a question affecting the royal prerogative without the consent of her majesty; and he suggested the appointment of a committee to search for precedents. A committee was appointed, and under these circumstances Lord Powis announced his determination to withdraw the bill, stating at the same time his conviction that the matter would not rest where it was. He believed that during the whole period the house of Hanover had been on the throne there was no precedent to be found to sanction the present course adopted by government. There was no measure that parliament had expressed a wish for them to consider, in which the crown had introduced its authority to prevent the further consideration of that measure.



MISCELLANEOUS MEASURES OF THE SESSION.

In the course of the session there were several acts passed of great utility without any prominent discussion. One of the most important of these was an act for the regulation of railways, which was brought in by Mr. Gladstone, and which embodied a variety of enactments designed to protect the public against the injurious effects of monopoly and combination, by vesting in the government a controlling power over such companies as should thereafter come to solicit powers from parliament, and a right of intervention for the reduction of charges and tolls whenever the profits of a railway should exceed the maximum of ten per cent, on its capital. The act also contained salutary regulations for securing economy and comfort in travelling to the poorer classes. Another act passed contained provisions of practical importance for the regulation of joint-stock companies. The main object of this measure was to protect the public against fictitious and delusive schemes, by requiring from all joint-stock companies the observance of certain conditions for the purpose of ascertaining their real character, and subjecting them to an efficient responsibility. There was to be a system of registration under a proper superintendence, whereby the names and descriptions of the projectors, and the particular nature and objects of the undertaking were required to be enrolled at an office established for that purpose. Upon compliance with these regulations, certain privileges were to be accorded to the company, and some anomalies and inconveniences heretofore existing removed. Reports were also to be made annually to parliament by an officer to be appointed under the act, relating to such companies as should have come within its provisions during the year. A third Act remodelled the entire system of turnpike-road management in South Wales, the abuses of which had given rise to the Rebecca riots. The leading principle of this measure was the consolidation of trusts, the debts of those existing being paid off by a system of arbitration, to be conducted by three commissioners appointed by government; the money required for this purpose being lent by the treasury, and secured on the rates of the several counties. The consolidation having been effected, all the roads in each county were to be administered by a now executive body, consisting partly of ex-officio members, partly of magistrates, and partly of ratepayers. A further alteration was made this session in the original poor-law amendment act, the principal feature of which was an alteration in the enactments of the statute of 1835, relating to the maintenance of illegitimate children. By this alteration, a more efficient mode of obtaining from the father a provision for his child's maintenance was placed in the power of the mother, by means of a proceeding in which she herself was entitled to make the application, and not, as under the original law, the officers of the parish: more stringent remedies were also substituted for enforcing the remedy against the putative father than had before existed. Towards the close of the session, repeated discussions of an animated nature took place in both houses of parliament, on the subject of a petition which was presented by Mr. Thomas Duncombe, from Serafino Calderara, Joseph Mazzini, W. J. Linton, and William Lovett, complaining that their letters had been opened at the post-office. Mr. Duncombe, in the commons, and the Earl of Radnor in the lords, moved for committees of inquiry, which were ultimately appointed; and these committees made their reports during the session; from which reports it appeared that the warrants of the secretary of state had only been issued in peculiar emergencies; and that the cases in which his power had been exercised formed a small annual average, and did not amount to an invasion of private correspondence, which the assailants of government had represented. No other result arose out of the conflicts upon this subject than a bill introduced by Lord Radnor, in the house of lords, for the abolition of the power complained of; but this bill did not proceed beyond the first reading.



PROROGATION OF PARLIAMENT.

Parliament was prorogued by commission on the 5th of September. The speech announced that her majesty had given her cordial assent to the bill for regulating the issue of bank-notes; adverted to some discussions which had taken place with the government of the king of the French on events calculated to interrupt the friendly relations of the two countries, but which danger had been averted; congratulated the houses on the improvement which had taken place in the condition of manufactures and commerce; and expressed high satisfaction at the spirit of loyalty and cheerful obedience to the law manifested in all parts of her majesty's kingdom. The commissioners concluded:—"We are commanded by her majesty to assure you that when you shall be called upon to resume the discharge of your parliamentary functions, you may place entire reliance on the cordial co-operation of her majesty in your endeavours to improve the social condition and to promote the happiness and contentment of her people." Thus ended this important session—a session signalized in the addition to the statute-book of severed important measures, conceived in a safe and judicious spirit of reform, well suited to the circumstances of the country and to the temper of the age.



THE STATE OF INDIA.

The event of chief interest connected with the present year was the recall of Lord Ellenborough, the governor-general, by the unanimous vote of the court of directors. This subject, as noticed in a previous page, gave rise to discussion in both houses of parliament. What were the real motives of the directors of the East India Company in exercising their right of recalling a governor-general, which from non-use had almost become obsolete, and in thus acting in direct opposition to the views and wishes of her majesty's government have never been fully developed; and the public have therefore been driven to conjecture on the subject. The most probable opinion, perhaps, may be, that the directors were offended at his evident mania for military achievements. Throughout the whole of his administration he showed his desire of conquest; and even when he left India he did not scruple to say, at a farewell entertainment given him by the military society of Calcutta, that the only regret he felt in leaving India was that of being separated from the army; and that the most interesting period of his life was that which he had passed in cantonments and camps. Another cause of offence may have been derived from his proclamations, which were offensive to good taste, and which justly exposed him to ridicule. His behaviour towards the directors also was by no means judicious; for, although he had bound himself to attend exclusively to their orders, he was by no means an obedient servant. But whatever may have been the directors' motives, Lord Ellenborough was recalled from his government, and Sir Henry Hardinge was, at the suggestion of Sir Robert Peel, appointed his successor; and he arrived in India in the month of July.

In Scinde nothing of importance occurred this year. The worst foe which the British had to encounter there was the climate, owing to which a distressing sickness prevailed among the troops. In consequence of this several Bengal native regiments were ordered to march on Scinde; and, although they at first refused to march, from an impression that they were destined for foreign service, they finally marched thither, with the exception of the thirty-fourth native infantry; and that regiment was ignominiously broken at Meerut, in presence of all the troops at the station.

During this year a governor-general was appointed over our recent acquisitions in China, in the person of Mr. Davies, well-known for his admirable work on China, and who had resided many years at Macao, as chief superintendent under the East India Company. Mr. Davies arrived on the 7th of May at Hong Kong, the seat of the new government; and, at the end of July, Sir Henry Pottinger, whose mission to that empire had been attended with such complete success, sailed for England.



PROCEEDINGS AGAINST MR. O'CONNELL.

It has been seen in the last chapter that the trial of Mr. O'Connell and his associates for a seditious conspiracy was postponed till the commencement of the present year. It was intended that the trial should commence on the 15th of January; and, although the defendant sought to obtain a postponement of it till the 1st of February, this intention was carried out. On that day the Court of Queen's Bench was crowded with barristers and spectators, in the expectation that the trial would commence. Before the jury were sworn, however, Sir Coleman O'Loghlen, on the part of Mr. O'Connell, challenged the array, on the ground of the irregularities in the preparation of the jury lists, stating at the same time that the challenges of the other counsellors, or traversers, as they were called, because they had traversed the indictment, were identically the same, and would be handed in very shortly. The attorney-general demurred to the challenge; on which the question previously debated was re-argued. The judges, however allowed the demurrer; and then the court adjourned without swearing the jury. On the 16th, after some delay, twelve jurymen were sworn, when Mr. Napier opened the pleadings; after which Mr. Smith, the attorney-general, opened the case. The court adjourned at five o'clock; and next day the hearing of evidence commenced, which continued up to the 11th day of the trial, January 26th, on which day the case for the prosecution closed. On the next day Mr. Shiel opened the case for the defence, as counsel for himself and Mr. John O'Connell. In his speech he contended that Mr. O'Connell shrank with abhorrence from the sanguinary aims imputed to him; and bitterly complained that poems and articles in newspapers should be brought as evidence against him, as if he were the editor of the several journals from which that evidence had been collected. It was like making, he said, Mr. Cobden answerable for all that appeared in the Chronicle, or the Globe, or the Sun: he was accused, in fact, of conspiracy with men who, so far from conspiring together, were rivals. "They pay their addresses to the same mistress; but they cordially detest each other." How formidable, then, was this doctrine of legal conspiracy! In 1819, when England was in a perilous condition, it was proved that men were drilled by night near Manchester; yet an English jury would not find Henry Hunt guilty of conspiracy. Mr. Shiel next undertook to show that his clients' objects were legal, and sought by legal means; and concluded with an impassioned address to the jury on behalf of Mr. O'Connell and all the traversers. He asked:—"Shall I, who stretch out to you in behalf of the son the hand whose fetters the father had struck off, live to cast my eyes upon that domicile of sorrow in the vicinity of this great metropolis, and say, 'Tis there they have immured the liberator of Ireland with his fondest and best beloved child. No; it shall never be! You will not consign him to the spot to which the attorney-general invites you to surrender him. No! When the spring shall have come again, and the winter shall have passed—when the spring shall have come again, it is not through the windows of this mansion that the father of such a son, and the son of such a father, shall look upon those green hills on which the eyes of so many a captive have gazed so wistfully in vain; but in their own mountain home again they shall listen to the murmurs of the great Atlantic; they shall go forth, and inhale the freshness of the morning air together; 'they shall be free of mountain solitude;' they will be encompassed with the loftiest images of liberty upon every side; and if time shall have stolen its suppleness from the father's knee, or impaired the firmness of his tread, he shall lean on the child of her that watches over him from heaven, and shall look out from some high place, far and wide, into the island whose greatness and whose glory shall be ever associated with his name. In your love of justice; in your love of Ireland; in your love of honesty and fair play, I place my confidence. I ask you for an acquittal, not only for the sake of your country, but for your own. Upon the day when this trial shall have been brought to a termination; when, amidst the burst of public expectancy, in answer to the solemn interrogatory which shall be put to you by the officer of the court, you shall answer, 'Not guilty,' with what a transport shall that glorious negative be welcomed! How will you be blessed, adored, worshipped! And when retiring from the scene of excitement and of passion, you shall return to your own tranquil homes, how pleasurably will you look upon your children, in the consciousness that you will have left them a patrimony of peace, by impressing upon the British cabinet that some other measure beside a state prosecution is necessary for the pacification of your country." On the thirteenth day Mr. Moore addressed the jury on behalf of the Reverend Mr. Tierney, and Mr. Hatchell for Mr. Ray. On the fourteenth day Mr. Fitzgibbon spoke on behalf of Dr. Gray, his address occupying two days. In the course of his address an extraordinary scene took place, in consequence of a challenge which the attorney-general had sent to Mr. Fitzgibbon to fight a duel. Of this circumstance Mr. Fitzgibbon took every advantage. After handing the note to the judges which contained the challenge, he said that he left him to their lordships to answer for his conduct. Mutual recriminations and explanations followed; but the matter resulted in Mr. Smith's withdrawing the note, which was allowed by the consent of all parties. On the four following days, Messrs. Fitzgibbon, Whiteside, M'Donnah, and Henn, successively addressed the court for different clients. On the nineteenth day, Mr. O'Connell commenced his defence. He began by showing that he had a right to demand from the jury a favourable verdict; after which he came to the consideration of the case itself; in doing which he retraced, with more or less of variety, arguments already employed. In referring to the indictment, he said that it was the history of the last nine months; and that he defied the most brilliant imagination to grasp the monstrous accumulation of matter. Its entire strength rested on the meaning of that cabalistic word, "conspiracy." He continued:—"If, my lords, I look into the dictionary for the meaning of that word, I find that it is 'a secret agreement between several to commit a crime;' and that is the rational, common-sense definition of it. This word, however, in recent times, has been taken under special protection by the government; and the definition of it now is, not only a secret agreement between several to commit crime, but they have taken two loops to their bow, and the further depiction given of it is, to effect, or attempt to effect, a legal object by means that are considered illegal; and thus a conspiracy is spelt out by the construction put upon the means that are used to attain the object sought, however legitimate that object may be. It has been admitted even by the crown, that in this case there is no privacy, no secresy, no definite agreement to do anything whatsoever; but, above all, no secret agreement, no secret society, no private information. It has been admitted by the crown that there has not been even one act of private communication; that everything was openly avowed, published to the world; that this 'secret conspiracy' had no secrecy at all. What a monstrous thing it would be to hold that that was a conspiracy which everybody knew of, everybody heard of, and three-fifths of the people of this country were engaged in. And what was the evidence of those conspirators assembling together? That Mr. Such-a-one attended at such a meeting; that Mr. Barret attended at a certain meeting; and that Mr. Duffy attended once or twice; that I. myself attended; and this is the way the charge of conspiracy is to be spelt out. Is it common sense that that should be denominated a conspiracy? Conspiracy! where was it made? when was it made? how was it made? Was it made in winter, or in summer? in spring or in autumn? Was it made on a holiday, or on a Sunday, or on a week day? Tell me the hour, the week, the month, the year it was made? In which of the three quarters of the twelve months did the gestation of this conspiracy commence? Who proposed it? Who seconded it? Who was present at it? I don't know whether it was said that I was present at the concoction of this conspiracy, or this agreement, private or public, or who else was there. When and where did it take place? Ought I not, at all events, to have the advantage of being-able to prove an alibi? No; but you must go over nine months, and toss up which time or place you may select. Do you not believe that if there was a conspiracy it would be proved, and that the only reason it was not proved, is, because it did not exist? The attorney-general told you it did exist; that it must have existed: but that is all imaginary; and you are called upon to find me 'guilty' if you imagine that this agreement was entered into. I don't want to speak of the talents of the attorney-general. I admit the ingenuity, the talent, and the industry with which he conducted this case. He was eleven hours, eleven mortal hours detailing the facts to you. What did he tell you the conspiracy consisted of? He made a long statement, and when he came to the end, he told you to go back to the beginning, find out the conspiracy, and what it consisted of. I say, gentlemen of the jury, without tire least affectation, if any gentleman could have found out evidence of a conspiracy, it would have been found by the attorney-general." Mr. O'Connell proceeded at great length to defend the means of his agitation, and then proceeded to vindicate its object—the repeal of the union. On the latter subject he remarked:—"I mean first to demonstrate that the English Parliament has, from the remotest period at which she possessed the power, governed Ireland with a narrow, jealous, restrictive, and oppressive policy. By way of parenthesis, I would first beg of you to recollect the history of the woollen manufactures of Ireland, in the reign of a monarch whom you are not disposed to condemn. I shall next demonstrate in succession, that the transactions of 1782 were intended to be a final adjustment, and that it was then intended and agreed that the Irish parliament, after having achieved its independence, should maintain it, and that the union was forced upon the Irish people against their consent, by the most criminal means. I shall next show you in detail the many evils that resulted from the union, and the gross injustice of the enactment of that statute. I shall show you the increasing distress and destitution which have arisen from that statute; and that there is no probability of restoring prosperity to this country, or of avoiding ultimate separation from England, save by the restoration of her parliament." In support of these propositions, Mr. O'Connell read extracts from the writings and speeches of various statesmen, both native and foreign. In conclusion he said to the jury:—"I leave the case in your hands. I deny I have done anything to stain me. I reject with contempt the appellation of conspirator. I have acted boldly, in the open day, in the presence of the magistracy: there lias been nothing secret or concealed. I have struggled for the restoration of the parliament of my native country. Others have succeeded before me; but, succeed or fail, it is a struggle to make the fairest land in the world possess those benefits which nature intended she should enjoy." On the next day some evidence was gone into on behalf of the defendants, in the course of which it was proved that on the 16th of July, when an arch was erected bearing the inscription, "Ireland, her parliament, or the world in a blaze," Mr. O'Connell expressed disapprobation of it, and Mr. Steele stood by to see that it was taken down before the people were fully assembled. The next two days were chiefly occupied by the solicitor-general's reply, which recapitulated the principal points of the evidence, and stated its bearings upon the different charges laid in the indictment. After he had concluded, the lord-chief-justice commenced the charge: in doing which he first explained the nature of the indictment, and of the single offence with which the traversers were charged, "conspiracy;" then explained the law of public discussion and public meeting; next proceeded to consider the evidence that had been given; then commented on the large funds collected in Ireland, England, Scotland, and America, towards the "exchequer" of the association; and finally, alluding to the scheme for bringing into disrepute the courts of justice as established by law through the arbitration courts, showed in what maimer the conspiracy was to be inferred. He asked:—"Have you or have you not Dr. Gray coming forward and telling the assembled multitude that the time was coming when they would be taken out of the hands of those petty tyrants who at present preside in their courts of justice? Have you or have you not Mr. O'Coimell himself adverting to the same system at the Clifden and other subsequent meetings; recommending the appointment of arbitration courts, and the placing thereon the magistrates who had been dismissed? And have you or have you not Mr. John O'Coimell making a speech recommending the same systems, and appearing himself to act under the appointment of the repeal association, in presiding over an arbitration court established in Blackrock?" The jury retired about half-past seven o'clock, and the judges withdrew. Later in the evening, Mr. Justice Crampton returned, and remained in court to await the return of the jury. They brought in a verdict of "guilty" against all the traversers on various counts; but stated "no finding" upon others, deeming them too comprehensive. This verdict was handed back by Mr. Justice Crampton, saying, that it was imperfect: they must find a verdict of "guilty" or "not guilty" upon every part and every person. Finally, they were ordered to be locked up till Monday, on which day they were summoned, and an issue paper was given them, which set forth the five several issues in the indictment in a distinct shape, against which they were directed to write their finding. This was done, and all the prisoners were found guilty on one or other of the counts, and some of them, including Mr. O'Coimell, on them all, Sentence was pronounced on the 30th of May against the traversers, with the exception of the Reverend Mr. Tierney, against whom the attorney-general did not press judgment, by Mr. Justice Burton in these terms:—"With respect to the principal traverser, the court is of opinion that he must be sentenced to be imprisoned for the space of twelve calendar months; and that he is further to be fined in the sum of L2000, and bound in his own recognizances in the sum of L5000, and two sureties in L2500, to keep the peace for seven years. With respect to the other traversers, we have come to the conclusion that to each shall be allotted the same sentence: which is, that they be imprisoned for the space of nine calendar months, each of them to pay L50 fine, and enter into their own recognizances of L1000, and two sureties of L500, to keep the peace for seven years." In accordance with this sentence the traversers were imprisoned: but in consequence of the sympathy, real or supposed, which they met with in the English parliament, their full sentence was not carried into execution. On the 9th of August, Messrs. Shiel, Wyse, Lord John Russell, and others, called upon government to release them from imprisonment; and the result of this appeal was, that on the 4th of September, the judgment of the house of lords was pronounced, reversing the judgment of Mr. O'Connell and his co-defendants. The prisoners were freed from confinement; but the result of the trial was, that the virulence of the agitation for repeal abated.



CONTINENTAL AFFAIRS.

France this year was engaged in a war with the Emperor of Morocco, over whose forces the French troops triumphed on the banks of the river Isly on the 14th of August. The result of this battle was a treaty between the two countries, in which the Emperor of Morocco engaged to prevent troops from assembling on his frontiers for the invasion of Algeria. During the autumn, Louis Philippe and the Emperor of Russia paid a visit to Queen Victoria, and stayed a few days in England, where they were treated with all due honours. In Spain the civil war which had so long convulsed the nation was ended; but it was succeeded by a state of doubtful tranquillity, and isolated insurrections broke out in various parts of the country, which were only put down by force of arms. The same fate awaited Portugal: there was a revolt of troops at Torres Novas, headed by Count Bomfin; but the rebels having shut themselves up in Almeida, that place was invested with government troops, and finally surrendered, the leader of the insurrection taking refuge in flight. In Greece the most important event was the framing of a constitutional charter by the National Assembly, consisting of one hundred and seven articles, which was signed and ratified, after some hesitation, by King Otho. During this year the King of Prussia narrowly escaped assassination at Ischl by the Burgomaster Tschech, who fired two shots from a double-barrelled pistol in quick succession against the carriage. In the early part of the year a conference took place at Vienna of plenipotentiaries from the different German states to frame measures to secure themselves by all the means in their power against the slightest change in the existing order of things, which at this time were threatened by a formidable parly, in the different states hostile to all authority. In Sweden this j'ear witnessed the death of Bernadotte, the king of that country, the most permanently successful of all the generals who took part in the French revolution. Although of obscure birth and a foreigner, he was called upon to wear the crown of Sweden by the unanimous voice of the nation; and he so identified himself with their interests, that he reigned in peace and died universally beloved by his subjects. In Switzerland disturbances took place this year in the Valais and at Lucerne: but order and tranquillity were quickly restored by the federal troops of that country.



CHAPTER LVI.

{VICTORIA. 1845-1846}

Meeting of Parliament..... Finance and Commercial Policy..... Retention of the Income Tax, &c...... The Sugar Duties Question..... Corn Laws and Free Trade..... The Affairs of Ireland..... Maynooth Improvement Bill, &c...... Academical Education in Ireland..... Colonial Policy..... Question of the Oregon Territory..... Miscellaneous Measures of the Session..... Prorogation of Parliament..... The Affairs of India..... The State of the Continent.



MEETING OF PARLIAMENT.

{A.D. 1845}

Parliament was opened by the queen in person on the 4th of February. The speech first referred to the prosperous state of trade and commerce; to the royal visits made to her majesty by the Emperor of Russia and the King of France; to the estimates for the ensuing year; and to the peace which at this time prevailed in Ireland. Her majesty continued:—"I recommend to your favourable consideration the policy of improving and extending the opportunities of academical education in Ireland. The report of the commission appointed to inquire into the law and practice in respect to the occupation of land is nearly prepared, and shall be communicated to you immediately after its presentation. The state of the law in regard to the privileges of the Bank of Ireland, and to other banking establishments in that country, and in Scotland, will no doubt occupy your attention. The health of the inhabitants of large towns and populous districts in this part of the United Kingdom has been the subject of recent inquiry before a commission, the report of which shall be immediately kid before you. It will be highly gratifying to me if the information and suggestions contained in that report shall enable you to devise the means of promoting the health and comfort of the poorer classes of my subjects. I congratulate you on the success of the measures which three years since were adopted by parliament for the purpose of supplying the deficiency in the public revenue, and arresting the accumulation of debt in the time of peace. The act which was passed at that time for imposing a tax upon income will shortly expire. It will be for you to determine whether it may not be expedient to continue its operation for a further period, and thus to obtain the means of adequately providing for the public service, and at the same time of making a reduction in other taxations. Whatever may be the result of your deliberations in this respect, I feel assured that it will be your determination to maintain an amount of revenue amply sufficient to meet the necessary expenditure of the country, and firmly to uphold that public credit which is indispensable to the national welfare. The prospect of continued peace, and the general state of domestic prosperity and tranquillity, afford a favourable opportunity for the consideration of the matters to which I have directed your attention; and I commit them to your deliberation, with the earnest prayer that you may be enabled, under the superintending care and protection of Divine Providence, to strengthen the feelings of mutual confidence and goodwill between different classes of my subjects, and to improve the condition of my people."



FINANCIAL AND COMMERCIAL POLICY—RETENTION OF THE INCOME-TAX, ETC.

The great scheme of commercial reform alluded to in her majesty's speech at the opening of the session was brought forward by Sir Robert Peel, in a committee of ways and means, on the 14th of February. The right honourable baronet commenced by saying that though he had considerable experience in the discharge of official duties, and though he had often addressed the house on matters of great public concern, he could not approach the subject on which he had then to address the committee without great anxiety, and a deep consciousness how inadequate and imperfect the explanation would be which he should endeavour to place before it. After the declaration made in her majesty's speech, that it was the intention of ministers to propose the continuance of the income-tax for a certain number of years; he had no other alternative than to submit to the house the general views which the government took of the financial condition and the commercial policy of the country. In explaining their views, after referring to the estimate of the probable revenue and expenditure made by the chancellor of the exchequer in April, 1844, and, after showing that the surplus revenue, on which he had calculated for the whole year had been greatly exceeded by the actual amount of revenue received on the 5th of January, 1845, he proceeded to estimate the surplus revenue which would be in the exchequer on the 5th of April in the present year, at a sum not less than L5,000,000. He next submitted to the house an estimate of the probable receipt of the revenue for the year ending the 5th of April, 1846, on the assumption that the house would not sanction the income-tax. He calculated that the receipts up to that period would be L51,000,000, and the expenditure L48,557,000; but if they deducted from this surplus the revenue derived from half a year's income-tax, which would become due in the interim, and from the payment of the instalment from China, there would then be a small deficiency in the revenue as compared with the expenditure of the year. The question then arose, whether ministers were justified in demanding, under such circumstances, an increased expenditure on account of the public service. He was satisfied that they were justified. He did not propose an increase in the army, but he could not consent to its diminution. The military estimate for the present year would be L6,600,000; and there were reasons which induced him to propose an increased estimate for the navy; namely, the growing necessity for a further protection to our commerce in every part of the globe, and in the establishment of three new naval stations—one on the coast of Africa, another in the Pacific, and a third in the Chinese seas. He should propose an increase of four thousand men, which would cost L184,000; and in respect of the vote for the navy, and tire ordnance connected with the navy, there would be in the votes of this year an increase of nearly one million. He thought the revenues of the next year would meet this increased expenditure, even if the house would not consent to continue the income-tax. It was quite clear, however, that if it did not continue the income tax, there would be a decrease of revenue in the following year. The question, therefore, which he must put to the committee was, whether they would run the risk of deficiency by making no provision to meet it, or whether they would postpone the consideration of the deficiency till the year 1846. But ministers were induced to propose the continuance of the property-tax for a further period. If the committee sanctioned it, the revenue on the 5th of April, 1846, would amount to L53,700,000; and so long as the other sources of revenue were productive, might be calculated at that sum, deducting only a sum of L600,000 from China, which would only be receivable for one year more. He would take the amount then at L53,100,000, and deducting L49,000,000, the estimated expenditure, from that sum there would be a net surplus of L4,100,000, or if the committee acquiesced in the increased naval estimates, L3,409,000. Sir Robert Peel next approached the most important question of all; namely, the mode in which this surplus was to be applied to the relief of taxation. If the property-tax were continued, ministers intended to make a great experiment with respect to taxation; and in explaining their views Sir Robert Peel said that he would first take the customs, and submit to the house a proposition with respect to the duty on sugar. On brown Muscovado sugar, which now paid a duty of 25s. 3d., he proposed to reduce the duty to 14s.; on free-labour sugar he proposed that the protecting duty should not exceed 9s. 4d., and therefore the duty would be 23s. 2d.; on British plantation sugars he proposed that the duty should be 16s. 4d., instead of 25s. 3d.; that the duty on sugar imported from India should be 21s. 9d.; and that the duty on free-labour foreign sugar should be 21s. 9d.—thus retaining the whole amount of discriminating duty which was imposed last year, but applying that discriminating duty in a different manner; giving 9s. 4d. as a protection on Muscovado sugar, and an increased protection of lis. 4d. on the more valuable and costly article. Sir Robert Peel said that he proposed to reduce the duty on molasses; and after giving an estimate of the supply of sugar which he considered likely to come from our possessions this year, stated that the effect which would be produced on the price of sugar by this reduction in the duty would be a reduction of three halfpence per pound. The estimated loss to the revenue from this source would be L1,300,000. Sir Robert Peel next proceeded to state that in the tariff of 1842 he had abolished generally the duty on all exports, with the exception of some few articles: he now proposed to abolish the duty on all articles. By this plan the export duty on coal would cease to exist, which would be a loss to the revenue of L120,000. He next proceeded to a consideration of the duties on raw materials used in manufactures: the tariff included eight hundred and thirteen such articles, and he proposed to remove the duties applicable to four hundred and thirty of them; which would occasion a loss to the revenue of about L320,000. He next stated that he was prepared to abolish the duty on cotton-wool, which would cause a loss to the revenue of not less than L680,000. These were all the alterations he proposed in the customs; and the right honourable baronet next proceeded to the excise-duties. Among the duties which he proposed to to repeal was the auction-duty on the transfer of property. He likewise proposed that auctioneers, instead of taking out several licences, at an expense of five pounds each, for selling different articles, should take out one general licence only, at fifteen pounds each; and as the number of auctioneers was 4000, this would produce a revenue of L60,000. Sir Robert Peel next stated that he proposed to relieve the article of glass from all duty, the loss of revenue arising from which would be L642,000. This was the whole of the articles, he said, on which he proposed a remission of taxation; and the total immediate loss which the revenue would sustain by their repeal or abolition, would amount to L3,338,000, which would nearly absorb the surplus of L3,409,000. He confessed that this was a bold experiment; but, responsible as he was to parliament for its success, he was not afraid to ran the risk of making it. He then proposed to the committee to continue the income-tax for a further limited period of three years; because he had a confident persuasion that the reduction in the price of articles of great importance would be, if not a complete, yet a great compensation for its burden. He would not say that it might not be wiser to give a longer time than three years for testing this experiment; but he thought that parliament ought to have a control over the duration of such a tax. Sir Robert Peel concluded by expressing a hope that the house would be prepared to decide on the principle of his resolutions on the following Monday, the 17th, and after several members had made some brief remarks on isolated parts of the plan, most of them expressive of satisfaction with it, he moved that the chairman report progress; and gave notice that on the following Monday he would move—"That it is the opinion of the committee, that, towards raising the supply to her majesty, the respective duties on property, professions, trades, and offices, and the stamp duties in Ireland, granted by two several acts passed in the fifth year of her present majesty, be continued and further granted to her majesty for a time to be limited." This resolution was read in a committee of ways and means on Monday, the 17th of February, after which Lord John Russel addressed the committee, factiously opposing the scheme of the premier, without offering any sound practical suggestion, or propounding any principle. Several amendments were moved by various members; but they were all negatived, and the bill passed through committee. A discussion of considerable length was renewed on the 10th of March, by Mr. Charles Duller, but the bill was read a third time and passed.

In the house of lords the principal discussion on the income-tax took place on the 4th of April, when the third reading of the bill was moved by the Earl of Ripon. The bill was read a third time and passed.



THE SUGAR-DUTIES QUESTION.

On the 24th of February, the house of commons having resolved itself into a committee of ways and means, Mr. Gibson, with a view of obtaining a permanent arrangement of the sugar-duties, moved, as an amendment upon the resolution of Sir Robert Peel, a resolution stating that no arrangement of these duties would be satisfactory and permanent, which did not involve an equalization of duty on foreign and colonial sugar. In support of this resolution Mr. Gibson called the attention of the house to a plain matter of justice in taxation, and asserted that it was not consistent with the fair performance of their functions, when they were resolving themselves into a committee of ways and means to consider of a supply to her majesty, in order to enable her to meet the expenditure of the country, to levy another tax, which was not paid either to the crown or to the exchequer, but to a class of men who had not made good their claim to any compensation fora grievance inflicted on them. The protection afforded to the West India proprietors, he said, was not for revenue, for it defrauded revenue; not for the protection of the producer, for his produce had not been increased; not for the benefit of the exporter at home, for the export to those colonies were stationary; and not to be defended on the score of consistency, since Sir Robert Peel was going to admit cotton, the produce of the East Indies and the United States of America, on the same terms. The motion was seconded by Mr. Ewart, and supported by Lord Howick, and Messrs. Ricardo, Cobden, Villiers, Miles, and Bright. On the other hand, it was opposed by Sir George Clerk, and Messrs. James, Gladstone, Labouchere, and Goulburn. On a division it was rejected by a majority of two hundred and seventeen against eighty-four. Subsequently several amendments were moved, but without success, with the exception of one proposed by Mr. Hawes; namely, to the effect—"that provision be made in the bill for the drawback of the amount of the duty reduced on such duty-paid sugar as now remains in the queen's warehouses." This amendment was at first resisted by Mr. Goulburn; but finding that the house was in favour of it, Sir Robert Peel consented to make arrangements, not to return the whole duty, but to make compensation for the loss. On this understanding Mr. Hawes withdrew his amendment, and the bill passed through committee. Various discussions took place, during the progress of the hill, upon the other parts of the ministerial tariff, but they were all affirmed, and the bill then passed. Its progress through the upper house was speedily effected.



CORN-LAWS AND FREE TRADE.

This long-agitated and great question formed a prominent subject of debate during this session. The first occasion which led to a general discussion of the policy of the protective laws as regards agriculture, was furnished by a motion made by Mr. Cobden, on the 13th March, "for a select committee to inquire into the causes and extent of the alleged existing agricultural distress, and into the effects of legislative protection upon the interests of landowners, tenant-farmers, and farm-labourers." In support of this motion Mr. Cobden endeavoured to prove the existence of distress among the farmers; asserting that half of them were in a state of insolvency, and that the other half were paying rents out of their capital, and were fast hastening to the same melancholy condition. Mr. Cobden next contended that there was a want of security in tenure, and that this fact not only prevented the application of capital, but that it also kept the land in a bad state of cultivation. The farmer without a lease was afraid that if he made any improvement in his farm, he should be called upon to pay a higher rent; and he proved this fact by reference to the language used by many distinguished members of agricultural associations. He asked why land should not be let on the same condition as manufactories, which were let with a schedule of the state of the manufactory; and when the tenant left them he was bound to make compensation for any damage which it might have suffered. Having advocated the plan of leasing farms at great length, Mr. Cobden proceeded to contend that a free trade in corn would be more beneficial to the farmers and to the labourers than to any other class of the community. He had thought so before the new tariff; and he contended so now with tenfold confidence. He then described the lamentable condition of the agricultural peasantry; and asked the landlords, after they had brought their labourers to such a melancholy state, whether they could have anything to fear from risking this inquiry? What had government done for them in their financial scheme? Nothing that was calculated, if he had heard aright, to benefit the agricultural population. Well, then, what would they do? Protection had been a failure when it reached a prohibitory duty of 80s. a quarter; it had been a failure when it reached the pivot price of 60s.; and it was a failure now when they had got a sliding-scale; for they had admitted the lamentable condition of their tenantry and peasantry. Let them accede, then, to his proposition for a committee, and he would pledge himself to explode the fallacy of agricultural protection, and to put an end to the present system within two years from the publication of its report. Mr. S. Herbert, secretary at war, announced that government would meet Mr. Cobden's motion with a direct negative. On a division the motion was negatived by a majority of two hundred and thirteen against one hundred and twenty-one.

On the 3rd of June Mr. Ward resumed his exertions to obtain a select committee to inquire into the existence of the peculiar burdens and exemptions of the landed interests. Taking advantage of an admission contained in a speech of Sir James Graham, that during the last twelve months pauperism had diminished, and trade and commerce had improved in the country because the price of wheat was low, Mr. Ward said that he was not going to underrate the benefit produced by an abundant harvest, but he believed that still greater benefit had been effected by the the liberal policy of government. The idea that there were any peculiar burdens on the land, was a fallacy peculiar to English gentlemen brought up in the school of the corn-laws. He denied that the land-tax, poor-rates, tithes, county-rates, highway-rates, the malt-tax, and similar impositions, were peculiar burdens on land; but if they were, he contended that there were to be set against them the exemptions enjoyed by the land in not being liable to the legacy and probate duty, and in the cultivation of it being relieved from the horse-tax, from the tax on husbandry servants if employed for domestic services, and various other taxes. Mr. Ward moved for a select committee of inquiry into this subject; and his motion was supported by Dr. Bowring, and Messrs. Cobden and Vernon Smith. Sir John Tyrell opposed it, as did also Messrs. Sidney Herbert and Newdegate. On a division it was rejected by a majority of one hundred and eighty-two against one hundred and nine.

The subject of the corn-laws was taken into more complete consideration on the 26th of May, when, pursuant to notice, Lord John Russell moved the following resolutions:—"That the present state of political tranquillity, and the recent revival of trade, afford to this house a favourable opportunity to consider of such measures as may tend permanently to improve the condition of the labouring classes. That those laws which impose duties, usually called protective, tend to impair the efficiency of labour, to restrict the free interchange of commodities, and to impose on the people unnecessary taxation. That the present corn-law tends to check improvements in agriculture, produces uncertainty in all farming speculations, and holds out to the owners and occupiers of land prospects of special advantage which it fails to secure. That this house will take the said laws into consideration, with a view to such cautious and deliberate arrangements as may be most beneficial to all classes of her majesty's subjects. That the freedom of industry would be promoted by a careful revision of the law of parochial settlement which now prevails in England and Wales. That a systematic plan of colonization would partially relieve those districts of the country where the deficiency of employment Iras been most injurious to the labourers in husbandry. That the improvements made of late years in the education of the people, as well as its more general diffusion, have been seen with satisfaction by this house. That this house will be ready to give its support to measures founded on liberal and comprehensive principles, which may be conducive to the further extension of religious and moral instruction. That a humble address be presented to her majesty to lay the foregoing resolutions before her majesty." In support of these resolutions, Lord John Russell made a long and comprehensive speech, embracing the several topics to which they had reference. Adverting to the corn-laws, he said, that experience had shown that the present system was founded in error, and produced the very evil against which it was intended to guard. The graduated scale was a complete failure, and equally injurious to the purchaser and consumer. It was contrary to all true commercial principles, and was perfectly ruinous to the farmer. It also tended to check all improvements in agriculture, and to render the cultivator of the soil careless as to the system of cultivation which he pursued. Mr. Sharman Crawford moved as an amendment that the following words be inserted after the word "opportunity," in the first clause:—"To give immediate attention to the claims, so repeatedly urged in the petitions of the people, for the extension of the parliamentary suffrage, as well as—." Sir James Graham, in reply, said that he agreed to the first resolution moved by Lord John Russell, but not to the rest; and, therefore, he moved the previous question. The house divided on Mr. Crawford's amendment, which was negatived by a majority of two hundred and fifty-three against thirty-three. Sir James Graham then moved the previous question, which was carried by a majority of one hundred and eighty-two against one hundred and four.

Mr. C. Villiers, according to his annual custom, on the 10th of June submitted to the house of commons a motion for the appointment of a committee of the whole house for the purpose of considering his resolutions for the abolition of all restrictions on the importation of foreign corn. On a division, the motion was negatived by a majority of two hundred and fifty-four against one hundred and thirty-two.



AFFAIRS OF IRELAND—MAYNOOTH IMPROVEMENT BILL.

On the 3rd of April, Sir Robert Peel brought in a measure for improving and increasing the grant to the college of Maynooth. The intention of the premier had been made known before, and a large number of petitions were on that evening presented against any such grant; in reference to which Sir Robert Peel said that he had given timely notice of his intention to consider the case of Maynooth in a friendly spirit; and therefore he was not unprepared for the demonstration which had been made, and which no doubt proceeded from persons actuated by conscientious scruples. In continuation, he observed, that it appeared to the ministers there were three courses which they might pursue:—to continue the present system, and grant without alteration; to discontinue the vote altogether, and to repudiate all connexion with Maynooth; or liberally to adopt, improve, and extend the institution provided for the education of the Roman Catholic priesthood. He proceeded to discuss these three courses in succession; and after showing that they could not conscientiously adopt the two first, he said:—"There remains, therefore, but one other course, and that is the course we are prepared to take. We are prepared, in a liberal sense and confiding spirit, to improve that institution, and to elevate the tone of education there. Will you not take that course?" Sir Robert Peel then stated the proposals of government to the house. The trustees of Maynooth college, he said, could purchase land to the extent of L1,000 per annum; but they could not receive it on any other terms than for the lives of the trustees; he proposed to incorporate the trustees by the title of "the trustees of Maynooth college;" and to enable them to hold real property to the amount of L3,000 per annum, should members of the Roman Catholic faith be desirous to contribute to the college so incorporated. The stipend of each professor did not now exceed L120 per annum; instead of defining what should be the amount paid to each professor, he proposed to allot to the trustees a certain sum, which should be placed at their discretion for the payment of salaries. The sum would admit of a payment of L600 or L700 per annum to the president of the college; of L260 or L270 to the professors of theology; and of L220 or L230 to the other professors. A sum not exceeding L6,000 would be allotted to the trustees for making provision for the officers of that institution. At present there were about four hundred and thirty students in the college, divided into three classes: the twenty Dumboyne students, the three senior classes, and the four junior classes. It was proposed to allot L40 per annum to each of the Dumboyne students: and to make provision on the whole for five hundred free students; that there should be two hundred and fifty students in the four junior classes, and two hundred and fifty in the three senior classes, these being divinity students. For the maintenance of each of these students, it was proposed that a sum should be placed at the disposal of the trustees of L28 on the average. It was further proposed that to each of the students in the three senior classes, L20 per annum should be allowed for their own personal expenses. The sum required for the students would be L14,560; the total sum for the establishment, L26,360. It was further proposed that the college should be made, in appearance and in fact, worthy of an institution of the kind; and that proper provision should be made for the accommodation of the presidents and professors; and for every purpose ministers asked for a vote, not annual, of L30,000. Sir Robert Peel further stated, that it was proposed the board of works should undertake the repairs of the college, as they did of the other public buildings, in order that they might be conducted with the greatest economy; and that the expenses of the repairs should be an annual vote, included in the annual estimates for the board of works, as in other cases. Instead of the present ex-officio ministers—the lord-chancellor and the judges—it was further proposed that the crown should appoint five visitors, who were to visit the college once a year, and as often as the lord-lieutenant might direct. These visitors were not to interfere with any matters relating to the doctrine and discipline of the church of Rome; but for those objects three more visitors would be elected by the other five, as at present to be members of the Roman Catholic church. Such, Sir Robert Peel continued, was an outline of the measure. It had not been the subject of any stipulation with the authorities of the Roman Catholic church: but the ministers had intimated their intentions to these dignitaries; and they had every reason to believe they were satisfied with, and grateful for, the measure. He added, in conclusion:—"We do not think that there is any violation of conscientious scruples involved in our proposition. We believe that it is perfectly compatible to hold steadfast the profession of our faith without wavering, and at the same time to improve the education, and to elevate the character of those who, do what you will—pass this measure or refuse it—must be the spiritual guides and religious instructors of millions of your fellow-countrymen." Sir Robert Inglis met the motion for leave to bring in this bill by a direct negative. Messrs. Law, Bruce, Grogan, and others, followed with similar expressions of sentiment. Mr. Plumptre especially expressed in strong terms his repugnance to the proposal on religious grounds; avowing, as the basis of his objections, the belief that the Roman Catholic religion was idolatrous. On the side of the liberal, all were in favour of the motion, except Mr. T. Duncombe, who expressed himself averse to all religious establishments supported out of the public revenue. Some on the conservative side, as Lords Francis Egerton and Sandon, and Mr. J. S. Wortley, spoke in favour of the measure. Several of the Irish members anticipated a great improvement in the Roman Catholic priesthood, and Lord John Russell, while he supported the motion, expressed a hope that it was the commencement of a series of measures which would unite the two countries in an enduring bond. On a division, the motion for leave to bring in the bill was carried by a large majority; but the measure, though destined to become law, was subsequently most strenuously opposed, both in and out of parliament. Those who were ardently attached to the vital principles of Protestantism felt an apprehension that the endowment of the Roman Catholic hierarchy in Ireland, and the rapid downfall of the established church in that country, if not in England also, was involved in such a measure; and their zeal being thus awakened, no exertions were spared to frustrate the plans of government. On the second reading of the bill being moved on the 11th of April, the measure was opposed by Mr. Colquhoun. Mr. Colquhoun concluded by moving that the bill be read a second time that day six months. Mr. Grogan followed on the same side; and the Earl of Arundel and Mr. Gladstone supported the measure: the latter stating that he did so in opposition to the prevailing opinion, and to his own deeply cherished prepossessions. Mr. D'Israeli said that Sir Robert Peel had declared there were three courses open to him. "In a certain sense, and looking to his own position, he is right: there is the course the right honourable gentleman has left; there is the course that the right honourable gentleman is following; and there is usually the course which the right honourable gentleman ought to pursue. Perhaps, sir, I ought to say that there is a fourth course; because it is possible for the house of commons to adopt one of those courses indicated by the right honourable gentleman, and then having voted for it, to rescind it." Mr. D'Israeli proceeded to complain of the course pursued by Sir R. Peel towards his supporters, in which he indulged in private personalities, which was strongly condemned by Mr. Roebuck, who described his speech as being poor in execution as it was malicious in motive. Mr. Roebuck proceeded to defend the measure; and he was followed by Messrs. Fox Maule and Stafford O'Brien, both of whom opposed it. Mr. Macauley considered it merely a matter of pounds, shillings, and pence: it was not a question of principle, but purely a question between L9000 and L26,000. Mr. Shaw energetically opposed the endowment; and Lord Lincoln and Mr. Sidney Herbert supported it. Mr. Byng, the venerable member for Middlesex, also declared himself in favour of the measure; and Lord Ashley and G. A. Hamilton opposed it; Lord Ashley had never known a measure more important for good or evil, not even excepting the Roman Catholic relief bill. His lordship contended that the proposal of government amounted to almost a declaration, that, as far as the power of enactments and statutes extended, the Roman Catholic religion should never cease to be the religion of Ireland. But while Lord Ashley opposed the measure, he disclaimed being actuated by any feeling of hostility towards the people of Ireland. If he thought, indeed, that this concession would really content the people of Ireland, he would pause before he came to a decision in the matter. The bill was further supported by the Chancellor of the Exchequer, Lords John Manners and Russell, Sirs George Grey and James Graham, and Messrs. Cobden, Smyth, and Shiel. On the other hand it was opposed by Messrs. Bright, dimming, Bruce, Blackstone, Ferrand, Sharman Crawford, T. Duncombe, Muntz, and Law. The debate was closed by Sirs Robert Inglis and Robert Peel; the former against, and the latter for the measure. On a division the second reading was carried by a majority of three hundred and twenty-three against one hundred and seventy-six. The battle, however, was not yet ended. On the order of the day being read for going into committee, Mr. Ward moved the following resolution as an amendment:—"That it is the opinion of this house, that any provision to be made for the purposes of the present bill, ought to be taken from the funds already applicable to ecclesiastical purposes in Ireland." A long debate ensued on this motion, which was continued for two nights; but on a division it was negatived by a majority of three hundred and twenty-two against one hundred and forty-eight. On the 25th a resolution, authorising a grant of L30,000 for improving Maynooth college, and for the payment of the amount requisite for salaries and other expenses, out of the consolidated fund, was passed by the house; but on the motion for bringing up the report, opposition to the measure was renewed by Mr. Law, who moved as an amendment that it be brought up on that day six months. Another lengthened debate took place, but the motion was negatived by one hundred and twenty-eight against fifty-two; and several other amendments, subsequently moved by Mr. Hindley and other members, were rejected by large majorities. The whole question was reopened on the motion for the third reading, and a discussion commenced which continued for three nights; but the third reading was carried by a majority of three hundred and seventeen against one hundred and eighty-four. The last attempt to defeat the measure was a motion by Mr. T. Duncombe, on the question, "That the bill do now pass," proposing a clause to limit its operation to three years. This was objected to by Sir Robert Peel, and the proposal was negatived by a large majority, after which the bill was passed.

The second reading was moved by the Duke of Wellington in the house of lords, on the second of June. Lord Roden had given notice of intention to move, as an amendment, for a select committee to inquire into the character of the education given at Maynooth; and he now rose for the purpose of thus endeavouring to get rid of the bill. Instead of the measure being looked upon in Ireland, he said, as a boon, it was looked upon as one extorted by fear. He quoted a letter from Dr. Higgins, one of the Roman Catholic bishops, to show that no conciliatory effects could result from the measure. Nor was it his opinion that it would improve the education given at Maynooth: rather, it would afford facilities for recruiting the priesthood from the lower classes of the people. He maintained that the system of instruction given there had anti-social and disloyal tendencies, which he illustrated by a reference to the text-books, and details in the history and conduct of the institution. The Bishop of London supported the amendment: he could not consent to any measure which would make the college of Maynooth an integral part of the constitution. The Earl of St. Germains and Lord Beaumont vindicated the measure; and the Duke of Manchester and the Bishop of Cashel opposed it. The debate having been adjourned, was resumed by the Earls of Hardwick and Carnarvon, who supported the bill. The Earl of Winchilsea followed, and condemned the bill in vehement terms; and the Marquis of Normanby defended it as a proper concession to a nation of which seven-eighths were Roman Catholics. The Archbishop of Dublin supported the measure. The Bishop of Exeter argued against the measure that the college was not originally meant to be endowed by the state; and denied that the improved visitation which the bill professed to give would be a system of education. The debate having been again adjourned, was resumed by Earl Spencer and the Bishop of Norwich. On a division, Lord Roden's amendment was negatived by a majority of one hundred and fifty-five to fifty-nine; and the house having again divided on the original resolution, the second reading was carried by a majority of two hundred and twenty-six against sixty-nine. Subsequently, a discussion took place on the committal of the bill. On the motion for the third reading another debate took place; and the Bishop of Llandaff moved that the bill be read a third time that day six months; but on a division this amendment was negatived by a majority of one hundred and eighty-one against fifty. On the question that the bill do pass, the Earl of Winchilsea moved another amendment to the effect that the operation of the bill should be limited to a period of three years; but tins also was negatived, and the bill then passed.



ACADEMICAL EDUCATION IN IRELAND.

Another scheme, emanating from government, for the improvement of the Irish people, was a plan for the extension of academical education in Ireland. This measure was developed by the secretary of state for the home department. On moving for leave to bring in the bill, on the 9th of May, Sir James Graham said that the object in bringing it forward was to improve the social condition of Ireland. The difficulty of accomplishing such an object, he said, would be discerned, when he stated that the plan which he conceived to be the most essential was the diffusion of the benefits of education among the higher classes of the people. Religious differences formed the great obstacle to the adjustment of the general question of education in Ireland. For a long series of years the religion of the majority of the Irish people had been treated by the state as hostile. That notion, however, had been gradually abandoned: the penal laws had either been removed, or were in the course of removal, although traces of them were still perceptible, and operating most noxiously in their interference with the education of the people. Sir James Graham next proceeded to discuss what was the best mode of educating the people of Ireland, contending that it consisted in the absence of all religious tests. It wras on this principle that the bill he proposed was founded. Government recommended to the house the establishment of three provincial institutions for education in Ireland, and founded upon the same principles as the metropolitan colleges of London and Edinburgh. Cork was proposed as the site of the college for the south; Galway, or Limerick, for the west; and Deny, or Belfast, for the north of Ireland. He could not pledge himself for the exact amount of the expense which would be necessary to carry this proposal into execution; but he conceived that L30,000 would be wanted for the erection of each college; and he would therefore mention L100,000 as a sum amply sufficient for that purpose. He further recommended the sum of L6000 for each of the colleges, to meet the annual expenses of the officers of these institutions, and of the prizes to be established for the encouragement of learning. Sir James Graham then gave a sketch of the different officers whom he would establish in these institutions. In each college there was to be a principal and ten or twelve professors; and at Belfast and Cork there would be a medical school attached to each college. The professors were to be nominated by the crown; and the crown was to possess the power of removing them for good cause. There were no professorships of divinity to be established; but religion was not to be neglected; on the contrary, every facility would be given for the voluntary endowment of theological professorships; but the attendance at these lectures would not be compulsory, for the fundamental principle of the measure would be the avoidance of all interference, positive or negative, in all matters affecting the conscience. The right honourable baronet went on to state that there was already an academical institution at Belfast for the Presbyterians of the north of Ireland, which was supported by a parliamentary grant, at the cost of L2100 per annum; and government proposed to continue this grant. There was another subject, he said, with which, although a difficult one, he was prepared to grapple. The bill only founded colleges in Ireland: the question was:—"Should these three colleges be incorporated into one great central university, or should parliament invest each of them with the power of granting degrees in the arts, sciences, and medicine?" He proposed that the bill should afford her majesty means to establish a new university in Dublin for this purpose—Trinity College being founded on Protestant principles, and therefore excluding Roman Catholics or dissenters from all privileges—or to incorporate into the existing university these colleges. Lord Palmerston promised ministers the fair and honest support of the Whigs. The measure was opposed by Sir Robert Inglis; but leave was given to bring in the bill, and it was read a first time. On the motion for the second reading, which was moved on the 2nd of June, a debate was commenced, which continued by adjournment for two nights. The debate was opened by Lord John Manners, who moved that it be read a second time that day six months: his belief was, that if it passed in its present shape it would prove a curse, and not a boon to Ireland. Sir James Graham defended it from this charge. He proceeded to state some proposed alterations in the bill. The first change proposed was with regard to the visitorial power of the crown. He proposed to give the crown the power of appointing visitors, which visitors would have authority to inquire into any abuse which might arise in these institutions, and to apply an effective remedy thereto. He also now thought that there should be attached to each of the colleges a hall or halls in which religious instructions might be given to the students by pastors of their own religion; and he was disposed to add a clause to that effect. The Roman Catholic bishops had presented a memorial praying that a fair proportion of the professors and office-bearers in the new colleges should be members of the Roman Catholic church; that Roman Catholic professors should fill the chairs of history, logic, metaphysics, moral philosophy, geology, and anatomy; that there should be a Roman Catholic chaplain in each of the colleges, to superintend the moral and religious instruction of the Roman Catholic pupils, and that each of these chaplains should be provided with a suitable salary; and that all Roman Catholic professors should be appointed to a local board of trustees. Sir James Graham could not consent to such demands: as a majority of the students would belong to the Roman Catholic church, it was probable that a majority of the professors would belong to it also; but they could not be exclusively provided by the measure. Mr. E. B. Roche, who had at first hailed the measure as a boon, now declared his intention of opposing its further progress, because the nomination of all the professorships was in the crown, and there was no "fixity of tenure" for any administration which entertained friendly sentiments toward the Roman Catholic population of Ireland. Sir Robert Inglis repeated that this bill was "a gigantic scheme of godless education;" and agreed with Mr. O'Connell in thinking that these new institutions would be deficient in that species of education which was the only legitimate one for an immortal being—education in the duties which every man had to perform, and the principles on which those duties rested. The second reading was supported by Lord John Russell, who nevertheless wished to amend it in committee, and Lord Mahon, and Messrs. Redington, Milnes, Osborne, Wyse, and R. M. O. Ferrol; and opposed by Messrs. Acland, B. Hope, and Hamilton. Mr. Acland called attention to the fact that some of the speakers in behalf of the bill gave an unqualified support to it; and contended that not one of them had proved that it would give such education as would be useful in any respect to Ireland. Sir Robert Peel spoke at great length in behalf of the measure; and announced that, if adopted, and the plan worked well, government would consider whether the three colleges should be incorporated into a university, and what power that university should have in conferring degrees. After a few words from Messrs. M. J. O'Connell and Shaw in favour of the second reading, though not of entire approval of the measure, the amendment was negatived by a majority of three hundred and eleven against forty-six, and the bill was read a second time. Upon the resolution of the committee of the whole house for the grant being reported, Mr. O'Connell took occasion to declare his protest against it; and to thank Sir Robert Inglis for calling it "a godless system of education." Subsequently, on the committal of the bill, he again declared his objections to its principle: and Lord John Russell coincided with him in his statement, that unless the bill was made acceptable to the Roman Catholics, by providing for the religious instruction of the pupils, it would be useless. On the first clause, relating to the grant of L100,000 for building the three colleges and necessary buildings, Lord John Russell proposed, as an amendment, to include among the buildings to be thus paid for, halls for the accommodation of the students. This motion, however, was negatived; as was also another, moved by Mr. Wyse, on the clause which declared that the appointment of professors should be vested in the crown, and after a time limited should revert to parliament. Mr. Wyse desired that the professors should be chosen, after an investigation into their qualifications, by a competent board of examiners; but Sir Robert Peel opposed the amendment, as premature, and likely to operate to the discouragement of the students.. Several other amendments were proposed in committee, but they were all rejected; and on the third reading Mr. Bernai Osborne introduced a collateral discussion upon the revenues and management of Trinity College, Dublin, by proposing the following resolution:—"That an humble address be presented to her majesty, praying that she will be graciously pleased to direct an inquiry to be made into the amount of the revenue of Trinity College, Dublin, from rents of college-lands, endowments, and bequests, fees on matriculation, on taking degrees, and from every other source; also into the manner in which that income is expended; the number of senior and junior fellows, of professors, scholars, and all other officers of the college, with the amount of salary and allowances to each of them, with a view to ascertain whether the income or funds at present applied solely to the benefit of Protestants in Trinity College, Dublin, might not be beneficially extended so as to make Roman Catholics and Protestant dissenters eligible if otherwise qualified, to all scholarships, and to all such fellowships, professorships, and other offices in Trinity College, Dublin, as are not intended for ecclesiastical purposes immediately connected with ecclesiastical endowment." Mr. Osborne, in support of this resolution, contended that Trinity College was not founded with Protestant money, but with the property of the Roman Catholic Earl of Desmond, confiscated by Elizabeth in 1592; and that it was not until forty years afterwards, in the time of Strafford, that Roman Catholics were mentioned, and rendered ineligible for the professorships. The motion was opposed by Sirs Thomas Freemantle and R. Inglis, the latter of whom denied that the college was founded with Roman Catholic money. It was erected on the site of the old monastery of All-Hallows, which having become vested in the mayor and citizens of Dublin, by grant from Henry the Eighth, was by them given for the establishment of this college. The funds for its erection and endowment were raised by a contribution among the gentry of Ireland, for which purpose a circular letter was sent to them by the Lord-deputy Fitzwilliam, the archbishop, and the lords of the council in 1791: the original foundation of the college might, therefore, he said, be as purely Protestant as could be imagined. The motion was supported by Messrs. War-burton and Shiel, the latter of whom contended that Queen Elizabeth's charter did not contemplate exclusively Protestant objects. But it was rather on the ground of justice than on such grounds, he said, that this subject ought to be discussed. He remarked:—"There are seventy scholarships; the scholars have lodging and commons for a nominal sum, with L10 a-year and L40 a-year in the last three years: the scholarships being exclusively Protestant. So long," he continued, "as you keep up Trinity College in its supremacy you will make your measure of academical education, for all political purposes, an entire failure. Your provincial academies will be marked with all the characteristics of mediocrity, which will only render the elevation of Trinity College more conspicuous by the inferiority with which it will be surrounded. How stunted and dwarfed the groves of our new academies when compared with the rich luxuriance of the gardens of Trinity! I had a thousand times rather you had applied your L18,000 a-year to the establishment of new fellowships and new professorships in the metropolitan and national institutions; because if you had done so, Englishmen would have got a value—a value in peace, a value in contentment, a value in pacificatory results—for their money. Now your measure, for political purposes—I say, for political purposes, though I won't deny that the advantages of education will be distributed to a certain extent—but your measure, though for political purposes it may partially succeed, yet as a message of peace it will be a failure." Sir Robert Peel contended that he and his colleagues had exerted themselves to make equality in Ireland, at the expense of giving umbrage to the majority of the people in this country. He appealed to the enlarged grant to Maynooth, and to the way in which the charitable bequests act had been carried out, as showing the conciliatory disposition of the government. Yet, after all their exertions for peace they were doomed to be disappointed. He regretted Mr. Shiel's speech on account of the use that would be made of it in this country. It would be said—"See how unavailing all attempts are to conciliate the Roman Catholics of Ireland. Regardless of the warnings, the feelings, and fears of their friends, they hoped by proposing certain measures, that they would make an impression on the Irish mind; but, instead of this, the leading Roman Catholic member in the house of commons gets up and tells them that, unless they went ten times as far as they had yet gone, they would have an insurrection in Ireland." This he believed, however, was not the feeling of the Irish people; he believed that government had made an impression on the feelings of the Irish people. After a few words from Lord John Russell, the house divided on Mr. Osborne's amendment, which was negatived by a majority of one hundred and sixty-eight against ninety-one, and the bill was then read a third time and passed.

The second reading of the Irish education bill was moved in the house of lords by Lord Stanley on the 21st of July. The Earl of Shrewsbury opposed the measure. Government he said, had been overawed by the fanatic feeling of the English people; and he urged ministers to withdraw the bill for a season, and reintroduce it in a shape better suited to the wants and wishes of Ireland. The bill was further opposed by the Earl of Carnarvon, who protested against the divorce of religion from education, and expressed his fears that such a precedent might be applied to Oxford and Cambridge. The bill was defended by the Duke of Newcastle, the Marquis of Lansdowne, the Bishop of Norwich, and Lords Brougham, Beaumont, and Clifford. The second reading was affirmed without a division; and subsequently the bill passed through committee, and was read a third time without any fixed opposition.



COLONIAL POLICY.

In the early part of this session intelligence had arrived which announced a disastrous collision in New Zealand between the natives and the settlers at the Bay of Islands, and which terminated in defeat and serious loss on the part of the latter. This intelligence produced considerable sensation in the public mind, more especially among those connected with the colonists in those islands. The New Zealand Company loudly accused the colonial office, and the administration of the governor, Captain Fitzroy; while other parties contended that the evil which had arisen had been in a great measure induced by the company itself. The event became the subject of several discussions in parliament. The first of these discussions took place on the 11th of March, when Mr. Somes moved for all copies of correspondence between the colonial office and the governor of New Zealand, respecting the issue of debentures and the rendering them a legal tender in that colony, the taxes proposed in the legislative council, the outrages recently committed by the natives in the Bay of Islands, and a proclamation issued by the governor of New Zealand, allowing the sale of land by the natives at a less price than that fixed by the act of the 5th and 6th Victoria. This motion was seconded by Mr. Aglionby, who asked whether government was not aware that in that colony inconvertible paper had been made by the governor a legal tender for sums as low as two shillings? whether the governor had previously received authority by warrant from the colonial department to issue such debentures to the amount of L15,000? whether it was true that in a colony that was to flourish by its agriculture a tax of 10s. had been levied on every sheep imported, and a similar tax on every dog imported to herd them? what the house thought of a governor who placed a tax of L1 on every house in which more than three rooms were inhabited? and whether the governor had vindicated the character of this country by protecting the whites from the outrages of the natives? Nine of our countrymen, he continued, had been tomahawked after they had given up their arms: had the governor made inquiry into the circumstances of this massacre? or had he gone, as was reported, to the murderous tribes, and declared himself satisfied? He also wanted to know in what manner the honour of the British flag had been vindicated, after it had been cut down at the custom-house; and made several inquiries respecting the sale of lands in New Zealand, observing that when he had obtained an answer to his questions, he should bring forward a distinct motion on the subject, and should call for further information. Mr. Hope, the under-secretary, protested against the course pursued by Mr. Aglionby, demanding why he did not boldly come forward, make his charge against government, and endeavour to substantiate it. He proceeded, however, to answer the questions put by Mr. Aglionby. The government, he said, had disapproved of the debentures issued by the local governor, ami they had been withdrawn. Respecting the taxes imposed in New Zealand he knew nothing, as government had been an unusually long time without intelligence from that colony. With respect to the outrages at the Bay of Islands, troops had been sent for their repression; and the governor, he thought had sufficiently vindicated the honour of the British flag. On the other subjects of interrogation he had no information to communicate. Other members took part in the discussion; and finally the motion was agreed to.

A more lengthened discussion on the condition of this colony took place on the 17th of June, on which occasion Mr. Charles Buller brought forward a series of resolutions relating to the policy pursued

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