The Constitutional History of England from 1760 to 1860

nd.-Agitation against Tithes.-Coercion Bill.-Beginning of Church Reform.-Sir Robert Peel becomes Prime-minister.-Variety of Offices held Provisionally by the Duke of Wellingto

been his previous condition, the moment his foot touched English soil he became a free man. By what process of reasoning, then, could it be contended that his right to liberty according to English law depended on what portion of the British dominion he was in-that what was incompatible with his claims as a human being in Kent ceased to be so in Jamaica? The sentiment that what was just or unjust in one place was just or unjust in every place; that a man's right to freedom did not depend on the country of his birth or the color of his skin, had naturally and logically been widely diffused and fostered by the abolition of the slave-trade. It was but a small step from admitting that there could be no justification for making a man a slave, to asserting that there was an equal violation of all justice in keeping one in slavery; and this conclusion was strengthened by tales, which were continually reaching those most interested in the subject, of oppression and cruelty practised by the masters, or oftener by their agents and overseers, on the unfortunate beings over whom they claimed power and right as absolute as any owner could pretend to over any description of property. They made so general an impression that, ten years before the time at which we have now arrived, a society had been formed in London whose obje

able insurrection, which was not quelled without great loss of life and destruction of property. The planters were panic-stricken; many of them, indeed, were almost ruined. The colonial Legislatures,[227] which had been established in the greater part of the islands, addressed the ministers with strong protests against the last Order in Council; and the mischief which h

the interests of the slaves themselves, instant emancipation before they were fit for it might prove to them a very doubtful blessing. The state, too, and the general interests of the kingdom had to be considered, for the shipping employed in the West India trade, and the revenue derived by the Imperial Exchequer from it, were both of great amount. It was a very complicated question, and required very cautious handling; but it was plain that the people were greatly excited on the subject. One or two of the ministers themselves had deeply pledged themselves to their constituents to labor for the cessation of slavery; and eventually, though by no means blind to the difficulty of arriving at a thoroughly safe solution of the question, the ministry decided that "delay was more perilous than decision," and they brought in a bill, in which they endeavored to combine the three great objects-justice to the slave, by conferring on him that freedom to which he, in common with all mankind, had an inviolable right; justice to the slave-owner, by compensating him fairly for the loss of what (however originally vicious the practice may have been) he was entitled by long usage and more than one positive law to regard as property; and a farther justice to the slave, that justice which consists in being careful so to confer benefits as to do the greatest amount of good to the recipient. The first o

l of a measure of such unprecedented liberality. Indeed, the credit deserved was frankly allowed it by foreign countries. To quote the language of an eloquent historian of the period, "the generous acquiescence of the people under this prodigious increase of their burdens has caused the moralists of other nations to declare that the British Act of Emancipation stands alone for moral grandeur in

usive trading privileges in India itself, though these, like the rights of the West India planters over their slaves, were purchased of it by an annuity for forty years, which was estimated as an equivalent for the loss of profit which must result to the proprietors of the Company's stock from the sudden alteration. It cannot be said that any constitutional principle was involved in what was merely a commercial regulation, or relaxation of such regulations. Yet it may not be thought inopportune to mention the transaction thus briefly, as one important step toward the establishment of free-trade, which, at the end of fifty years from the time when Pitt first laid the foundation of it, was gradually forcing itself on all our statesmen, as the only sound principle of commercial intercourse between nations. The la

ed to the pernicious working of the Poor-law, which subsisted with scarcely any alteration as it had been originally enacted in the reign of Elizabeth. There was even reason to doubt whether the slight changes which had been made had been improvements. If they had been in the direction of increased liberality to the poor man who needed parish relief, and had to some extent lessened his discomforts, they had at the same time tended greatly to demoralize both him and his employer, by introducing a system of out-door relief, which, coupled with the practice of regarding such relief as a legitimate addition to wages, led the former to feel no sha

o erect large workhouses for the several parishes thus massed together;[230] and every union was to be under the management of boards of guardians, elected by the rate-payers of the different parishes, with the addition of the resident magistrates as ex officio guardians. Lord Althorp, who introduced the bill, admitted that such extensive powers as he proposed to confer on the Board of Commissioners were "an anomaly in the constitution," but pleaded the necessity of the case as their justification, since it was indispensable to vest a discretionary power somewhere, and the government was too fully occupied with the business of the nation, while the local magistrates would be destitute of the sources of information requisite to form a proper opinion on the subject. The commissioners alone, being exclusively devoted to the subject, and being alone in possession of all the information that could be collected, were really the only body who could fairly be trusted to form correct opinions on it.[231] The fact of the creation of such a board being "an anomaly," or, as it might rather

back from the assizes, witnesses who had seen murders committed refused to give evidence. The Roman Catholic prelates, and the higher class of the Roman Catholic clergy-most of whom, greatly to their credit, exerted themselves to check this fearful progress of wickedness-found their denunciations unheeded; while O'Connell, in his place in the House of Commons, used language which to an ignorant and ferocious peasantry looked almost like a justification of it, affirming it to be caused wholly by the "unjust and ruinous policy of the government" in refusing to abolish tithes. It was not the first time that the existence of tithe had been alleged as an Irish grievance. In the three southern provinces by far the greater portion of the tenantry were Roman Catholics, and they had long been complaining that they were forced to pay for the support of the Protestant clergyman of their parish, whose ministrations they could not attend, as well as for the maintenance of their own priest, whose livelihood depended on their contributions. According to strict political economy, there could be no doubt that the burden of the tithe fell, not on the tenant

y assembly or association which he might consider dangerous to the public peace, but also to declare by proclamation any district in which tumults and outrages were rife to be "in a disturbed state;" and in districts thus proclaimed no person was to be permitted to be absent from his house from an hour after sunset to sunrise. Houses might be searched for arms, martial law was to be established, and courts-martial held for the trial of all offences except felonies; and the Habeas Corpus Act was suspended for three months. O'Connell and his party protested with great vehemence against such an enactment, as a violation of every right secured to the subject by the constitution. And a bill which suspended the ordinary courts of justice must be admitted to have been incompatible with the con

the evil which had been the original cause of their taking up the subject at all was the last thing settled, not, indeed, being finally arranged for four years; while the principal detail in the way of reform which was completed in this first session was one which, however reasonable, had hitherto received but little attention, and had certainly provoked no great outcry. It could not be denied that the Episcopal Establishment in Ireland was out of all proportion to the extent of the country and the number of the Protestant population, or of the parishes. The entire population in communion with the Church fell short of 900,000. The number of parishes scarcely exceeded 1400. But over this comparatively scanty flock were set no fewer than eighteen bishops and four archbishops; while England, with 12,000 parishes, was contented with twenty-four bishops and two archbishops. It was proposed to co

in the ministry itself. The resolution was cordially accepted by Lord John Russell, but was so offensive to four of his colleagues, Mr. Stanley and Sir James Graham being among the number, that they at once resigned their offices. The breach thus made was not easily healed; and before the end of the session other dissensions of a more vexatious and mortifying character led to the retirement of the Prime-minister himself. All attempts to dea

the clergy of the Church of England in Ireland," to which he had an insuperable objection; and, moreover, that the subject would cause fresh divisions in the ministry, and the resignation of one or two more of its most important members. He had, indeed, six months before, given a practical proof of his distrust of the ability of Lord Melbourne and the colleagues who remained to him to carry on the government of the kingdom satisfactorily, by desiring the new Prime-minister to enter into communication with the leaders of the Opposition, "to endeavor at this crisis to prevail upon them to afford their aid and co-operation toward the formation of an administration upon an enlarged basis, combining the services of the most able and efficient members of each" party.[234] Nor had he relinquished the idea of bringing about such a coalition, till he learned that both Lord Melbourne and Sir Robert Peel considered the differences which divided them to be too deeply founded on principle to render their union in one administ

task consisted in the state of the House of Commons, earnestly recommended him to choose a minister in the House of Commons," and named Sir Robert Peel as the fittest object for his Majesty's choice. Sir Robert was in Italy at the time; but,

eath of his grandfather, had recently become Lord Stanley) and Sir J. Graham, who, as has been mentioned before, had retired from Lord Grey's cabinet. A new name, that of "Conservative," had recently been invented for the more moderate section of the old Tory party; and it was one which, though Lord Grey had taunted them with it, as betraying a sense of shame at adhering to their old colors, Peel was inclined to adopt for himself, as characteristic of his feelings and future objects; and perhaps he thought it might help to smooth the way for a junction with him of those who would flinch from proclaiming so decided a change in their opinions as would be implied by their becoming colleagues of one who still cherished the name of Tory. But they

demeanor the late House of Commons had committed? No difference had occurred between it and the other House of Parliament. It had passed no hostile vote against any administration. It had been in existence but a very short time. All these circumstances, they affirmed, made it reasonable for the Houses to express to his Majesty their disapprobation of the dissolution. Lord Morpeth argued, moreover, that the right of the House of Commons to inquire into such an exercise of the royal prerogative was proved by the example of Mr. Pitt, who, in 1784, had introduced into the speech from the throne a paragraph inviting Parliament to approve of the recent dissolution; and what Parliament could be asked to approve of, it manifestly had an equal right to censure. But the most vehement of the censures of the Opposition were directed against what Lord Morpeth called "the most unseemly huddling of offices in the single person of the Duke of Wellington; an unconstitutional concentration of responsibility and power, at which there was hardly an old Whig of the Rockingham school whose hair did not stand on end." He admitted that in the present instance the arrangement had only been provisional and temporary, and that "no harm had been done;" but, he asked, "what harm might not have been done? If the country had be

uestion whatever was involved in it, since the King's right was denied by no one; and he could, therefore, only consent to discuss it as a question of policy and expediency. And, looking at it in this light, he regarded his defence as easy and complete. He contended that the events of the past year, the resignation of several of the subordinate ministers, and finally of Lord Grey himself, and the proposal which had

structed in a manner and at a season which might have precluded an appeal to the people. It was the constant boast of the late government that the late Parliament had unbounded confidence in them. And, if that Parliament was, as had been constantly asserted, relied upon as ready to condemn him without a hearing, could any one be surprised at his appeal to the judgment of another, a higher and a fairer tribunal, the public sense of the people?" Precedent, too, was in his favor on

n Anne, the Duke of Shrewsbury had united three of the greatest posts of the kingdom, those of Lord Treasurer, Lord Chamberlain, and Lord-lieutenant of Ireland, with the sanction of that great constitutional lawyer, Lord Somers. And in 1827 Mr. Canning had retained the seals of the Foreign Office for some weeks after his appointment as First Lord of the Treasury. Moreover, there was actually a law which provided that when the office of Chancellor of the Exchequer is vacant the seals of that office shall be delivered to the Chief-justice; and und

e dismissal of the preceding ministry is generally considered to have been, even in the interest of the Conservatives themselves. But inexpedient the dissolution can hardly be pronounced to have been, since, though the new election failed to give them a majority in the House of Commons, it beyond all doubt greatly strengthened their minority. On the other hand, though it cannot be denied that the House of Commons has a perfect right to express its disapproval of

constitutionally, there does not seem to be any limitation of the sovereign's power to confer offices, to unite or to divide them. Indeed, the different Secretary-ships of State seem to owe their existence entirely to his will, and not to any act of Parliament. He can diminish the number, if he should think fit, as he did in 1782, when, on the termination of the American war, he forbore to appoint a successor to Lord George Germaine, in Lord Rockingham's administration; or he can increase the numbers, as he did in 1794, when he revived the third Secretaryship, which he had suppressed twelve years before, without any act of Parliame

them, which has been constantly exercised from the very earliest times by an almost unbroken series of fearless and independent patriots. And in this instance the very novelty of such an arrangement as had taken place did of itself make criticism a duty; though it may also be thought that the critics acted wisely in contenting themselves with calling notice to it, and abstaining from asking Parliament to pron

ous as many others far more indefensible in theory. And, short-lived as his administration had been, he had found time to frame and introduce an extensive measure of Church reform, not only dealing with the question of tithes, the levy and collection of which in some of their details had long been made subjects of bitter complaints by the farmers, but including also provision for the creation of two new bishoprics, those of Ripon and Manchester. No part of his measure was more imperatively called for by the present circumstances of the nation, or of greater importance in its future operation. There had been no increase in the number of bishops since the reign of Elizabeth; but since her time not only had the population of the entire kingdom been quadrupled, but some districts which had then been very scantily peopled had become exceedingly populous. These districts had hitherto been almost destitute of Episcopal supervision, which now was thus to be supplied to them. But the new le

ention would hereafter be called to the expediency of extending similar advantages to the unincorporated towns in England which had now acquired the right of returning members to Parliament." The commission of which his Majesty thus spoke had now presented its report, strongly condemnatory of the existing system in almost every point of view; of the constitution and mode of election of the existing corporations, and of their government of the towns over which they presided. It declared that "even where they existed in their least imperfect form, and were most rightfully administered, they were inadequate to the wants of the present state of society." But they charged them also with positive offences of no venial kind. "They had perverted their powers to political ends, sacrificing local interests to party purposes. They had diverted from their legitimate use revenues which ought to have been applied

f William III., who introduced into their bill for restoring the corporations which James II. had suppressed clauses manifestly intended to preserve the ascendency of the Whig party, "by keeping the Church or Tory faction out of"[238] them. But no such palliation (if, indeed, that had any right to be called a palliation) could be alleged for their abuse of the trusts committed to them; abuse which, if committed by single individuals, would have been branded, and perhaps punished, as malversation and fraud of the deepest dye. A sufficient specimen of the kind and extent of their misdeeds in one branch of their duties was afforded by a single paragraph of Lord John Russell's speech, in which he affirmed that

ple, to the known and recognized principle of the constitution, it is right that those who contribute their money should have a voice in the election of the persons by whom the money is expended. The old modes of acquiring the freedom of a corporation, such as birth, apprenticeship, etc., were to be abolished, as also were all exclusive rights of trade, vested rights, however, being preserved. The next point to be decided was the composition of the corporation which these rate-payers were to elect, and the ministerial proposal was that each corporation should consist of a mayor, aldermen, and councillors, possessing a certain amount of property as a qualification, and varying in number according to the population of the borough; the larger towns being also divided into wards, with a certain number of common-councilmen and aldermen to be chosen in each ward. The mayor was to be a yearly officer; of the aldermen and councillors a certain number were to retire each year, being, however, capable of re-election. The mayor was to be elected by the councils, and was to be a magistrate during his year of office. And the body thus constituted was to have the entire government of the borough; of its police, its chari

conscientiously opposed to the Reform Bill, preferred allowing it to pass by their own retirement from the final divisions to driving the minister to carry his point by a creation of peers, since the avoidance of such an addition to their numbers as had been threatened enabled them now to force the adoption of these amendments on a reluctant minister. And it seems difficult to deny that the first was required by justice, and that the second was most desirable in the interests of the measure itself. Without it the town councillors, from among whom the mayor was to be chosen, might have been selected from the poorest, the least educated, and least independent class of the rate-payers. In some boroughs, or i

; but he pointed out that, though Lord John affirmed it to be the known and recognized principle of the constitution, he had not acted on it in the Reform Bill; and it is certainly open to question whether the adoption of some limitation would not have been an improvement on the present measure. The doctrine established in this instance by Lord John gave a preponderance at every municipal election to mere numbe

abuses, and the prevention of their recurrence, while avoiding any concessions to the insidious demands of revolutionists, or the ill-regulated fancies of metaphysical theorists. It was a reform strictly in accordance with some of the most important principles of the constitution, as they have been gradua

h and by a clergyman of the Established Church. And it was not strange that this should be felt as a grievance by those who were not in communion with that Church. But some of the Dissenting sects had an additional cause of discontent in the words of the marriage service, which gave a religious character to the ceremony, while they regarded it as a civil contract. In his short administration Sir Robert Peel had recognized the v

ngdom, subject to the authority of the Poor-law Commissioners. And by a second bill they farther proposed that the registries to be thus established should be offices at which those who desired to do so might contract purely civil marriages. Previous clauses in it provided that members of any sect of Protestant Dissenters might be married in their own chapels, and by ministers of their own persuasion. After enactments removing all the civil disabilities under which Nonconformists had labored for one hundred and fifty years had been placed on the statute-book, it was clearly inconsistent in the highest degree to retain still more offensive and unreasonable religious disabilities, and to deny to them the right of being married by their own ministers, according to the

larity in the parish by the exaction of what the law gave them for "the support of themselves and their families." And this dilemma was felt so keenly by the clergy themselves, that it had become a very general feeling with them that, "if any sort of commutation could be devised, they would be delighted to be delivered from this objectionable mode of payment." Indeed, Sir Robert Peel, whose measure of the preceding year had been chiefly directed to the encouragement of voluntary commutations, had stated to the House that there were already two thousand parishes in the kingdom in which a commutation between the clergyman and his parishioners had been agreed upon, and established as a durable settlement by separate acts of Parliament. Indeed, arrangements of this kind existed very generally; the parishes in which the tithe was taken in kind being comparatively few, and the plan usually adopted being for the occupier of land to pay the incumbent a fixed annual sum bearing a certain proportion to his rent. But arrangements which were optional were, of course, liable to be rescinded; and Peel desired to establish a system which should be universal and permanent. And with this view he had designed the appointment of a temporary commission, one member of which should be nominated by the Primate, as the representative of the Church, under whose supervision the tithes of every pari

a year, while those of others scarcely exceeded ￡1000 or ￡1500 a year, thus affording incomes palpably inadequate to the support of the Episcopal dignity; so inadequate, indeed, that they were generally supplemented by the addition of some better endowed deanery or canonry. It was universally felt that such a deficiency and such a mode of supplying it were in themselves a scandal, which was greatly augmented by the system of translations to which it had given birth. The poorer bishoprics would hardly have been accepted at all had they not been regarded as stepping-stones to others of greater value; and

e hostility of some of the extreme Reformers, who had recently proposed to deprive the bishops of their seats in the House of Lords, if he should attempt to increase the number of the spiritual peers; though, as their number had been stationary ever since the Reformation, while that of the lay peers had been quadrupled, such an objection hardly seemed entitled to so much consideration. Another clause was directed toward the establishment of greater equality between the revenues of the different bishoprics, a step which, besides its inherent reasonableness and equity, would extinguish the desire of promotion by translation, except in a few specified instances. Various reasons, sufficient

measure was objected to by Sir Robert Inglis, who had represented Oxford as the peculiar champion of Protestant and Church principles ever since 1829, and by a party which shared his views, as one calculated to be "fatal to the best interests of the Church." They looked on the property of the Church and everything connected with it as invested with so peculiar a character, that they not only contested the right of Parliament to take any step to diminish its revenues or to change the employment of them, but they even "disputed its right to deprive one class of the clergy of any portion of their revenues for the purpose of distributing it among another." But the distinction thus made between Church property and that of any other public body seems one which can hardly be supported. The purposes for which ecclesiastical chapters or officials have been endowed with possessions and revenues are undoubtedly of a more sacred character than the duties imposed on lay corporations; but that consideration cannot be rega

te

ve population, such as may prepare them for a participation in those civil rights and privileges which are enjoyed by other classes o

d Demerara were the only British islan

. "History of the Thirty Year

History of Europe," 2d s

twenty eight unions had already been formed in England and Wales, and that it might be calculated that when

parts of which an abstract is given in the

Leinster alone in the last three months of 1832 and the first three of 1833: 207 murders, 271 cases of arson

fteenths of the land in Ireland belonged to Protestan

oirs of Sir Robert

oirs of Sir Robert

the dissolution of the existing Parliament. Every one seemed to have taken it for granted that the Parliament must be di

31 seq. See also Stubbs, "Constit

llam's "Constitutiona

wo millions. Their annual income was stated by Lord John Russell to be as nearly as possible ￡2000 a year for each, being ￡367,000; but thei

Hallam, "Middle A

imagines that the plan was relinquished in consequence

hat a farm let at ￡1 an acre ought to produce yearly ￡3 an acre. One-tenth of three pounds, or 6s., therefore, was what the clergyman was entitled to claim. Out of this, however, he had to defray the cost of collection, which might, perhaps,

created was expected to a

field, and Coventry, containing a population of 2,590,000 persons, with church accommodation for only 276,000, or one-ninth of th