The Constitutional History of England from 1760 to 1860 Part 15

CHAPTER XI.

Death of William IV., and Accession of Queen Victoria.--Rise of the Chartists.--Resignation of Lord Melbourne in 1839, and his Resumption of Office.--Marriage of the Queen, and Consequent Arrangements.--The Precedence of the Prince, etc.--Post-office Reform.--War in Afghanistan.--Discontent in Jamaica.--Insurrection in Canada.--New Const.i.tution for Canada and other Colonies.--Case of Stockdale and Hansard.

The reforms mentioned in the preceding chapter were the last measures of the reign of William IV. In the summer of the next year, 1837, he died, and was succeeded in his British, though not in his Hanoverian, dominions by our present gracious sovereign, who had only just arrived at the age which ent.i.tled her to exercise the full authority of the crown. The change was calculated to strengthen the crown, by enlisting the chivalrous feelings of all that was best in the nation in the support of a youthful Queen, and in a lesser degree it for a time strengthened the ministry also; but, with respect to the latter, the feeling did not last long. For the next three years the summers were very unfavorable to the farmer; the harvests were bad; the inevitable accompaniment of a rise in prices had caused severe and general distress, and distress had produced clamorous discontent, and in some districts formidable riots. It had been greatly aggravated in the manufacturing counties by the operations of the trades-unions, which had gradually put forth pretensions to regulate the wages and other conditions of work, and had enforced them with such tyrannical violence, not flinching from the foulest crimes, that in many instances they had driven the masters to close their factories rather than submit to their mandates; and in others had compelled the workmen themselves to discontinue their labors, thus spreading dest.i.tution among thousands whose earnings, if they had been allowed to consult their own wishes, would have been amply sufficient for the support of their families;[245]

and the evil had grown to such a height, that in 1838 a committee was appointed by the House of Commons to investigate the whole subject of trade combinations. But the turbulent spirit excited by this distress did not now confine itself to single outbreaks of violence, but, under the guidance of some demagogues of a more methodical turn of mind than usual, developed itself in a systematic organization having for its object what they called "the people's charter," which aimed at a total revolution of the existing parliamentary system, with the avowed design that, when adopted, it should eventually lead to an entire reconstruction of the government. The Chartists, as they called themselves, had advocates even in Parliament, who presented their pet.i.tions to the House of Commons, and tried, though unsuccessfully, to give them importance by the appointment of a committee to investigate the character of the reforms which they demanded. They were not, however, contented with peaceful modes of pressing their demands, but, in the course of the summer of 1839, broke out in formidable riots in different parts of the country. At Birmingham they set fire to different parts of the town, carrying on their work of pillage and destruction to such a pitch that the Duke of Wellington compared the condition of the town to one taken by storm in regular warfare; and at Newport, in Monmouths.h.i.+re, they even planned and carried out an attack on the troops quartered in the district. But this violence led for a time to the suppression of the movement, the leaders in the Newport riots being convicted of high-treason; and, though the government forbore to put the extreme severities of the law in force against them, those who remained unconvicted had been taught by their example the danger which they incurred by such proceedings; and some years elapsed before a series of revolutionary troubles on the Continent again gave a momentary encouragement to those in this country who sympathized with the revolutionists, and prompted them to another attempt to force their views upon the government and the people.

It had nearly, however, been another ministry on whom the task of quelling these riots had fallen. Though, as has been already said, Lord Melbourne's cabinet derived a momentary strength from the accession of a young Queen, the support it thus acquired did not last; and in May, 1839, having been defeated on a measure of colonial policy, which will be mentioned hereafter, the cabinet resigned. The Queen intrusted the task of forming a new administration to Sir Robert Peel, who undertook it with a reasonable confidence that he should be able to hold his ground better than formerly, now that the retirement of his predecessors was their own act, and admitted by them to have been caused by a consciousness of the divisions among their supporters and their own consequent weakness. He had the greater reason for such confidence, since two of the colleagues of Lord Grey who had refused his offers in 1834, Lord Stanley and Sir James Graham, were now willing to unite with him; and he had almost completed his arrangements, when he was stopped by an unexpected, though not altogether unprecedented, impediment. It will be recollected that, in 1812, some of the arrangements for the formation of a new administration on the death of Mr. Perceval were impeded by a doubt which was felt in some quarters whether the new ministers would be allowed to remove one or two officers of the household, to whom the Regent was generally understood to be greatly attached, but who were hostile to the party which hoped to come into power, though it was afterward known that these officers had felt themselves bound to retire as soon as the arrangements in contemplation should be completed.[246] Sir Robert Peel was now met by a difficulty of the same kind, but one which the retiring ministers had the address to convert into a real obstacle. The Queen, who had warm affections, but who could not possibly have yet acquired any great knowledge of business, had become attached to the ladies whom Lord Melbourne had appointed to the chief places in her household. It had never occurred to her to regard their offices in a political light; and, consequently, when she found that Sir Robert considered it indispensable that some changes should be made in those appointments, she at once refused her consent, terming his proposal one "contrary to usage and repugnant to her feelings." Sir Robert, however, felt bound to adhere to his request for the removal of some of the ladies in question; for, in fact, they were the wives and sisters of his predecessors, and a continuance of their daily intercourse with the Queen might reasonably be expected to have some influence over her Majesty's judgment of the measures which he might feel it his duty to propose. Such a difficulty could not have arisen under a male sovereign; but Lord Melbourne himself had departed from the ordinary practice when he surrounded his royal mistress with ladies so closely identified with his cabinet. It is very possible that he had originally made the appointments without any such design, from the careless indifference which was his most marked characteristic; but he cannot be so easily acquitted when, in reply to the Queen's application to him for advice on the subject, he, being joined in his a.s.sertion by Lord John Russell, a.s.sured her that Sir Robert Peel's demand was unjustifiable and unprecedented. Supported by the positive dictum of the ministers on whose judgment she had hitherto been bound to rely, the Queen naturally adhered to her decision of refusing to permit the removal of the ladies in question, and the result was that Sir Robert Peel declined to take office under circ.u.mstances of difficulty beyond those to which every new minister must of necessity be exposed, and Lord Melbourne and his colleagues resumed their posts. The transaction was, of course, canva.s.sed in both Houses of Parliament. Sir Robert Peel and the Duke of Wellington, who was the spokesman of the party in the House of Lords, defended their refusal to undertake the government on any other condition than that for which they had stipulated, on the ground that the authority to make such changes in the household as they had proposed was indispensable, as a proof of their possession of her Majesty's confidence; while Lord Melbourne, with a strange exaggeration, defended the advice which he had given her Majesty by the a.s.sertion that to have complied with Sir Robert Peel's proposal would have been "inconsistent with her personal honor." Other arguments on the same side were based on the alleged cruelty of separating her Majesty "from the society of her earliest friends, her old and constant companions;" an argument which was disposed of by Lord Brougham's remark, that till she had become Queen (not yet two years before) she had had no acquaintance with them whatever.[247]

But it is needless to dwell at any length on the case, in which all subsequent historians and political critics, however generally prepossessed in favor of the Liberal ministers, have given up their position as untenable. Her Majesty herself kept strictly on the path of the const.i.tution in guiding herself by the counsels of those who, till their successors were appointed, were still her responsible advisers.

But the course which they recommended was absolutely irreconcilable with one fundamental principle of the const.i.tution--the universal responsibility of the ministers. In denying the right of the incoming ministers to remodel the household (or any other body of offices) in whatever degree they might consider requisite, they were clearly limiting the ministerial authority. To limit the ministerial authority is to limit the ministerial responsibility; to limit the ministerial responsibility is to impose some portion of responsibility (that portion from which it relieves the minister) on the sovereign himself, a dangerous consequence from which the const.i.tution most carefully protects him. In fact, that the advice Lord Melbourne gave was indefensible was tacitly confessed by himself, when, on the recurrence of the same emergency two years later, he was compelled to recommend a different course;[248] and the ladies whom Sir Robert had considered it necessary to remove antic.i.p.ated their dismissal by voluntary resignation. It may be added that, at the close of this same year, Lord Melbourne himself insisted on nominating the private secretary to the Prince whom the Queen was about to marry, though no one could pretend that offices in his household were as important as those in that of the sovereign; and though, if there was any post in which the Prince might have been supposed to have a right to an unfettered choice, that might have been supposed to have been the office of his private secretary.[249]

Her Majesty's marriage with Prince Albert of Saxe-Coburg, her first cousin--one tending as greatly to the happiness of herself and the advantage of the nation as any royal marriage recorded in history--took place in the beginning of 1840; and in the preparatory arrangements-- matters of far greater consequence to the Queen's feelings than any appointments in the household--the ministry, by singular mismanagement, contrived to force the consideration of other const.i.tutional questions on Parliament in such a way that the conclusions which were adopted, however inevitable, could hardly fail to be mortifying and vexatious to her Majesty, in whose cup of happiness at such a moment special care ought rather to have been taken to prevent the admixture of any such alloy. In the matter of the annuity to be settled on the young Prince, the Opposition must, indeed, share the blame with the minister. If it was unpardonable carelessness in the latter to omit the usual practice of previously consulting the leaders of the Opposition on the amount of the grant to be proposed, it was not the less impolitic and unworthy of such men as the Duke and Sir Robert Peel to show their disapproval of the inattention by a curtailment of the grant. The sum proposed, 50,000 a year, was fairly justified by the fact of its being the same which twenty-four years before had been settled on the Prince's uncle, Leopold, on his marriage with the Princess Charlotte. Indeed, if there were to be any difference, the circ.u.mstances might have been regarded as warranting an increase rather than a diminution of it. Money was certainly more plentiful in 1840 than in 1816, and the husband of an actual Queen occupied, beyond all question, a higher position than the husband of the heiress-presumptive, who might never become Queen, and who, in fact, never did. We cannot think, therefore, that the reduction of 20,000, which Sir Robert Peel proposed and carried, was reasonable or becoming, but regard it as neither called for by the circ.u.mstances of the kingdom, nor as befitting its liberality, nor as in harmony with its practice.

But on the two other questions--one immediately affecting the const.i.tution, and the other not absolutely unconnected with it--no defence of the minister seems available. At the opening of Parliament in 1840, her Majesty commenced her speech by the announcement of her intended marriage, describing the bridegroom simply as "the Prince of Saxe-Coburg and Gotha," the same expression which she had used in addressing the Privy Council a few weeks before. That description of him had at once struck her uncle, Leopold--who, since the death of his English wife, the Princess Charlotte, had become King of Belgium--as so imperfect and insufficient, that, on reading her address to the Privy Council, he at once wrote to her to point out that it would have been desirable to mention the fact of the Prince being a Protestant,[250] and that the omission would inevitably cause discontent. But, in spite of this warning, Lord Melbourne refused to advise the Queen to insert a statement of the Prince's religion in her speech, though it was by no means superfluous on such an occasion, since, if he were a Roman Catholic, a marriage with him would have incurred a forfeiture of the crown. The Duke of Wellington, on the other hand, regarded it as a positive duty to require that the fact of the Prince being a Protestant should be mentioned, so as to show the care of Parliament to prevent any const.i.tutional precautions from being overlooked, such statement having, indeed, been usually made on similar occasions. When he, therefore, moved an amendment to insert the word "Protestant" in the description of the Prince, Lord Melbourne did not venture to divide the House against it; but still his management gave an ungracious appearance to the transaction, as if there had been in any quarter an unwillingness to recognize the fact of the Prince's Protestantism till the recognition was forced on the government by the action of the Parliament.

The third question, as affecting the relative ranks and positions of the different members of the royal family, cannot be said to have been wholly unconnected with the provisions of the const.i.tution; and the mismanagement of the minister was, perhaps, even more sure to attract notice in this case than in the other, since to introduce into a bill a clause which had no connection whatever with its t.i.tle had something of the appearance of a deliberate slight to the two Houses. A bill to naturalize the Prince was, of course, indispensable. But into it the ministers, without any notice, had introduced a clause enabling him "during his life to take precedence in rank after her Majesty in Parliament and elsewhere as her Majesty might think fit and proper, any law, statute, or custom to the contrary notwithstanding." It was admitted that no such precedence had been given to Prince George of Denmark, nor to Prince Leopold. And there were obvious difficulties in the way of conferring such a life-long precedence, because, as Lord Brougham had pointed out, it was possible that the Queen might die without issue, in which case the King of Hanover would become King of England also, and his son the Prince of Wales; and it would have been an inconceivable anomaly that a foreign naturalized prince should take precedence of the Prince of Wales, whose special rank and importance was recognized in many acts of Parliament. This objection was so clearly insuperable, that Lord Melbourne consented to alter the clause so as to give the Prince precedence only "after the heir-apparent." But even this concession failed to satisfy the objectors, the King of Hanover, among others, positively refusing to waive his precedence over any foreign prince. And eventually the minister withdrew the clause altogether, and the bill, as it was pa.s.sed, was confined to the naturalization of the Prince. Lord Melbourne had thus contrived to make the Queen and Prince appear as if they were desirous to induce the two Houses by a sort of trick to confer on the Prince a precedence and dignity to which he was not ent.i.tled, and to render the refusal of Parliament to be so cajoled a fresh cause of mortification to the royal pair. The course that was eventually adopted is understood to have been suggested by the Duke of Wellington--to withdraw the affair altogether from the cognizance of Parliament, and to leave it to the Queen to confer on the Prince whatever precedence she might choose, as it was certainly within her right to do. And so, a few days after the bill had pa.s.sed, she did by letters-patent give him precedence next to herself "on all occasions and in all meetings, except when otherwise provided by act of Parliament,"

as, seventeen years later, she, in the same way, with the cordial approval of the whole nation, conferred on him the t.i.tle of Prince Consort. And apart from its convenience, as avoiding all unseemly discussions, this would seem to have been the most natural and proper mode of settling such a matter. The Queen is the fountain of honor in this kingdom, and at her own court she can certainly confer on any of her own subjects whatever precedence she may think fit, while it may be doubted whether any act of a British Parliament could give precedence at a foreign court. It was, probably, not in his character of Duke of c.u.mberland, but as an independent sovereign, that the King of Hanover maintained his claim to superior precedence; and it was plain that the most ill.u.s.trious subject could not possibly at any court be allowed to rank above a king. With reference to its possible effect on the subsequent relations of Peel and his followers with the court, it was, perhaps, well that a few months later they had the opportunity of proving that no personal objection to the Prince himself had influenced their course in these transactions, by giving a cordial a.s.sent to the ministerial proposal of conferring the Regency on him in the event of the Queen giving an heir to the throne, and dying while he was still a minor. The principle was the same as that which had guided the arrangements for a Regency ten years before; but it was not inconceivable that Parliament might have hesitated to intrust so large an authority to so very young a man, and him a comparative stranger, such as the Prince still was, had the leaders of the Opposition given the slightest countenance to such an objection.

Lord Melbourne's ministry was hardly strengthened by the circ.u.mstances under which it resumed office. Yet the close of the same year witnessed a reform of which it is hardly too much to say that no single measure of this century has contributed more to the comfort of the whole ma.s.s of the people, with which it has also combined solid commercial benefits.

Hitherto the Post-office had been managed in a singular manner, and the profit derived from it had been treated as something distinct from the ordinary revenue of the kingdom. In the reign of Charles II. it had been given to the Duke of York, and the grant was regarded as conferring on him such extensive rights, that when, some years afterward, an enterprising citizen set up a penny post for the delivery of letters in the City and its precincts, the Duke complained of the scheme as an infraction of his monopoly, and the courts of law decided in his favor.

That grant ceased, as a matter of course, on the Duke's accession to the throne; and in the reign of Queen Anne a portion of the Post-office proceeds was appropriated, with the general consent of a grateful country, to reward the great achievements of the Duke of Malborough, a perpetual charge on it of 5000 a year being annexed to the dukedom. In those days the postage of a letter was twopence for short distances, and threepence for any distance beyond eighty miles.[251] But those charges had been gradually increased; about the middle of the century the lowest charge was fixed at fourpence, rising in proportion to the distance, till the conveyance of a single letter from one extremity of the kingdom to the other cost eighteen-pence. Such a rate could not fail to be very profitable; and by the beginning of the present reign the yearly profit exceeded a million and a half of money. The heaviness of the charge, however, had latterly attracted attention, and had been the cause of many complaints, as being a great discouragement, and, in the case of the poorer cla.s.ses, a complete obstacle to communication. However, neither the ministers nor the Parliament had succeeded in devising any remedy, since a system affording so large a return was not a thing lightly to tamper with, when those who complained suddenly found a practical leader in Mr. Rowland Hill, who published a pamphlet on the subject, in which he affirmed the cost of the conveyance of each letter even for such a distance as from London to Edinburgh to be infinitely less than a farthing; and that, consequently, all the rest of the postage was a tax for the purposes of revenue. When this fact was once established, it needed no argument to prove that to increase the tax paid by each recipient of a letter in proportion to the distance at which he lived from the writer was an indefensible unfairness; and, after much investigation and discussion, Mr. Hill succeeded in converting the ministers to his view. Accordingly, the Budget for 1839, introduced by Mr. Spring Rice, then Chancellor of the Exchequer, contained a clause which reduced the postage for every letter weighing less than an ounce to a uniform charge of a penny, to be prepaid by means of a stamp to be affixed to each letter by the sender. It was not without plainly-expressed reluctance that the scheme was consented to by the Opposition; nor can their hesitation be considered as unreasonable, in the very unsatisfactory condition of the finances of the kingdom at the time. The balance-sheet of the preceding year showed a considerable deficiency. There was a large unfunded debt; and even Mr. Hill's most sanguine calculations admitted a probable loss to the Post-office of 1,200,000 for the first year or two; though he expressed his confidence that eventually the correspondence of the kingdom would be found to increase so largely as to make up for the greater part, if not the whole, of the deficiency. His antic.i.p.ations were far outran by the reality.

In 1839 the Postmaster-general estimated the number of letters sent yearly by the post at less than twenty-five millions. They are now upward of a thousand millions, a number the conveyance of which (with the addition of newspapers, whose circulation had also been greatly augmented by a recent reduction of the tax to a penny) would have severely taxed the whole carrying power of the kingdom before the introduction of railroads. Nor have the benefits of the new system been confined to ourselves. Foreign nations have followed our example, though not quite in the same degree, till an international postage is at length established throughout the whole of the civilized world. And it has not been only the happiness of private individuals that has been augmented by this facility of communication. In its gradual development it has largely promoted the extension of trade of every kind, and, by facilitating a commercial intercourse between nations, it cannot but contribute to the maintenance of friends.h.i.+p and peace.

The full advantages of this reform could not be seen at first; but, even had it been appreciated as fully as we appreciate it now, no approval of it could have counterbalanced the general dissatisfaction with which the ministry was regarded. At home the finances were falling into great disorder, the expenditure of the year greatly exceeding the income; while the feeling that their Irish policy was dictated by a wish to purchase at any price the support of O'Connell, was still more injurious to them, for he was already beginning to renew agitation in Ireland, inaugurating a new a.s.sociation, which, though its purposes were faintly veiled for a time under the t.i.tle of the Precursor a.s.sociation, was understood to point at a repeal of the Union; while the ministers, though they denounced such a measure as ruinous to every part of the kingdom, seemed willing to give it practical encouragement by a bill which they introduced, which bore the name of a Registration Act for Ireland, but which was not confined to that object. On the contrary, it contained a provision for lowering the qualification for the franchise by one-half; so that it was, in fact, a new Reform Bill for Ireland,[252] calculated greatly to increase his influence by the number of voters of the poorer cla.s.ses whom it would create. The bill was defeated, but the odium of having proposed it remained.

But, besides these home difficulties, there were troubles abroad, both in the East and in the West. In the East, the complications inseparable from a dominion like that of ours in India, where constant expansion seemed to have become a law of its existence, had involved us in a war with a new enemy, the warlike Afghan nation; in the West, both Jamaica and Canada were in a state threatening insurrection. Indeed, the troubles in Jamaica had been the immediate cause of that resignation of the ministry in 1839 which has already been mentioned. Measures adopted in the English Parliament with reference to the termination of that apprentices.h.i.+p system which, as we have seen, formed a part of the bill for the abolition of slavery, and another for the regulation of the prisons in the island, had given such offence to the colonial a.s.sembly, never very manageable, that the members pa.s.sed a resolution that their legislative rights had been violated, and that they would abstain from all exercise of their legislative functions, except such as might be necessary "to preserve inviolate the faith of the island with the public creditor, until" (by the rescinding of the resolutions, etc., of which they complained) "they should be left to the free exercise of their inherent rights as British subjects." And this resolution was seconded by an insulting protest, in which they drew an offensive comparison between the state of crime in the island and that which prevailed in Great Britain, taunting the British Parliament with the murders and acts of incendiarism which terrified Ireland night and day, with the murders of Burke and Hare in Scotland, with the law of divorce and _crim. con._ trials in England, and "a Poor-law which has taken millions from the necessities of the dest.i.tute to add to the luxuries of the wealthy." The Governor dissolved the a.s.sembly, but that which succeeded re-adopted the resolutions of its predecessor, and the ministers, in consequence, brought in a bill "to suspend the existing const.i.tution of the island for a limited number of years, and to provide that during that interval its legislative functions should not be exercised by a Governor, a Council, and a House of a.s.sembly, but should reside in the Governor and Council alone." The emergency was too great and undeniable, the remedy proposed was also too unprecedented in its stringency, to be dealt with without the gravest deliberation; and the House of Commons accordingly gave the matter the patient consideration which became both it and themselves. They allowed the island to appear by counsel against the bill, and listened for many hours to an elaborate defence of the conduct of the a.s.sembly, which if it failed to change the intention of the ministers, convinced Sir Robert Peel and his party that their measure was doubtful in its justification and impolitic in its severity. He pointed out that "the bill was neither more nor less than one for the establishment of a complete despotism--one which would establish the most unqualified, unchecked, unmitigated power that was ever yet applied to the government of any community, in place of that liberal system which had prevailed for upward of one hundred and fifty years." And, though he did not for a moment question the power of Parliament to pa.s.s such a measure, he greatly doubted the policy of such an exertion of it.

A somewhat similar measure affecting Canada they had been compelled to enact in the preceding year, and he feared lest "it might seem to be coming to be a practice of Parliament to suspend a const.i.tution every session." And he quoted a speech of Canning, delivered fifteen years before, in which that eloquent statesman, a man by no means inclined to a timorous policy, had declared that "no feeling of wounded pride, no motive of questionable expediency, nothing short of real and demonstrable necessity, should ever induce him to moot the awful question of the transcendental power of Parliament over every dependency of the British crown. That transcendental power was an ordinance of empire, which ought to be kept back within the penetralia of the const.i.tution. It exists, but it should be veiled. It should not be produced on trifling occasions, or in cases of petty refractoriness or temporary misconduct."

And Sir Robert, "looking at all the papers before the House, could not say that there was here any vindication for bringing forward this transcendental power." He asked whether "they had ever treated with so much severity a conquered colony amid the first heat of animosity after the contest." And he traced the history of our government of the island back to the time of Charles II., pointing out (as Burke had formerly argued with respect to our Colonies in North America) that "Jamaica owed its colonization by British subjects to the conquest that was made of it by the arms of Cromwell; that its first English population was composed of those who, disgusted with the excesses of the civil wars, there found a refuge," and who had carried with them that attachment to liberty which, as early as 1678, had led them successfully to repel the attacks made on the privileges of their House of a.s.sembly by the ministers of Charles II. He warned the House, also, that if this measure were pa.s.sed, "a sympathy for the people of Jamaica would be excited throughout the other West Indian possessions of the crown." And, while fully admitting that the conduct of the a.s.sembly had been "foolish and unjustifiable,"

he still recommended that it should be treated in a conciliatory spirit, which as yet had not been shown toward it.

The government carried their proposal by a majority of no more than five in a very full house, a success which they regarded as a defeat, and, as has been already mentioned, resigned. But as the state of the question and of the island did not admit of delay, on their resumption of their offices they introduced a fresh measure, which the Conservatives again curtailed of its most severe clauses, and which, in the form in which it was eventually pa.s.sed, gave the a.s.sembly time to reconsider its conduct, and, without the humiliation of confessing itself guilty, to give a practical recantation of their offensive resolutions, by resuming its work of legislation, any farther delay of which would on many subjects be very mischievous to the island itself. The distinct a.s.sertion by both parties of the power of the Parliament to inflict even the severest penalty enabled the Houses to take this conciliatory course without loss of dignity; while the stern disapproval of the conduct of the a.s.sembly which the Conservative leader had expressed, even when pleading for a milder treatment of it, convinced the colonists that any protracted contumacy would be dangerous, and would deprive them for the future of all t.i.tle to even the modified protection which on this occasion had saved them.

In the discussion of these transactions, Peel, as we have seen, had alluded to the affairs of Canada, which had been of a still more serious complexion; since there the discontent of the colonists in the Lower Province had developed into armed insurrection. We have seen that, from the first moment after the country had pa.s.sed into our possession, there had been almost constant dissensions between the old French colonists and the English immigrants who crossed over both from England and from the colonies on the southern side of the St. Lawrence in the early part of the reign of George III. The desire of terminating these divisions, which had their root in a difference of religion as well as of race, the French settlers being Roman Catholics, had been one of the chief motives which had led Pitt in 1791 to divide the country into two provinces.[253] And for many years the scheme was fairly successful; but, toward the end of the reign of George IV., the political excitement caused by the agitation in England of the question of Catholic Emanc.i.p.ation, and subsequently of Reform, spread across the Atlantic to the Canadas; and the French portion of the colonists, who almost monopolized the representation in Lower Canada, began to urge the adoption of changes utterly inconsistent with the existing const.i.tution of the colony. In the hope of compelling the compliance of the home government with their demands, in 1832 and the following years they refused to vote the necessary supplies; and, gaining courage, as it were, from the contemplation of their own violence, and under the guidance of a leader of French extraction, a M. Papineau, who scarcely concealed his hope of effecting the complete severance of the Lower Province from the British dominion, they proceeded to put forth farther demands, which they regarded as plausible from the apparent resemblance of the changes which they required to the system of the English const.i.tution, but which, to use the words in which Sir Robert Peel described them, would have established "a French republic." The most important of them were that the Upper or Legislative Council should, like the a.s.sembly, be rendered elective, instead of, as had hitherto been the case, being nominated by the crown. And another asked that the Executive Council should be made responsible to the a.s.sembly, in the same manner as in England the ministers of the crown were responsible to Parliament. As it was at once shown that the ministry at home had no intention of granting these demands, Papineau collected a band of malcontents in arms, with whom he took possession of one or two small towns, and ventured even to measure his strength with the Commander-in-chief of the province, Sir John Colborne, one of the most distinguished of Wellington's comrades and pupils. His force was utterly routed, and he himself fled across the frontier to New York. A similar outbreak, excited in the Upper Province by a newspaper editor, was crushed with equal ease and rapidity.[254] And the next year, 1838, Lord John Russell brought forward a bill to suspend the const.i.tution of the colony, and to confer on a new Governor, who was at once to proceed thither, very ample powers for remodelling the government of the province, subject, of course, to the sanction of the home government. In the previous year he had succeeded in carrying some resolutions announcing the determination of Parliament not to concede the demands of the a.s.sembly of the Lower Province, which have been already mentioned.

And the reasons which he gave for this course are worth preserving, as expressing the view recognized by Parliament of the relations properly existing between the mother country and a colony. It was on a proper understanding of them that he based his refusal to make the Executive Council in Canada responsible to the a.s.sembly. He held such a step to be "entirely incompatible with those relations. Those relations require that his Majesty should be represented, not by a person removable by the House of a.s.sembly, but by a Governor sent out by the King, responsible to the King, and responsible to the Parliament of Great Britain. This is the necessary const.i.tution of a colony; and if we have not these relations existing between the mother country and the colony, we shall soon have an end of these relations altogether." And he pointed out the practical difficulties which might reasonably be apprehended if such a change as was asked were conceded. "The person sent out by the King as Governor, and those ministers in whom the a.s.sembly confided, might differ in opinion, and there would be at once a collision between the measures of the King and the conduct of the representatives of the colony."

The plan of sending out a new Governor free from any previous a.s.sociation with either of the parties, or any of the recent transactions in the colony, was, probably, the wisest that could have been adopted. Unfortunately, it was in some degree marred by the choice of the statesman sent out, Lord Durham, a man of unquestioned ability, but of an extraordinarily self-willed and overbearing temper. He drew up a most able report of the state of the provinces, combined with recommendations of the course to be pursued toward them in future, so judicious that subsequent ministers, though widely differing from his views of general politics, saw no better plan than that which he had suggested; but, unhappily, the measures which he himself adopted, especially with respect to the treatment of those who had been leaders in the late rebellion, were such manifest violations of law, that the government at home had no alternative but that of disallowing some of them, and carrying a bill of indemnity for others. He took such offence at their treatment of him, though it was quite inevitable, that he at once resigned his appointment and returned home. But the next year the Queen sent down a message to the Houses recommending a union of the two provinces (a measure which had been the most important, and the very foundation, of his suggestions), and Lord John Russell introduced a bill which, as he described its object, he hoped would "lay the foundation of a permanent settlement of the affairs of the entire colony." The main feature of the government policy was the formation of "a legislative union of the two provinces on the principles of a free and representative government," and the establishment of such a system of local government as amounted to a practical recognition of the principle so earnestly repudiated, as we have seen, by Lord John Russell a year or two before. It was not, perhaps, fully carried out at first. Lord Sydenham, who had succeeded Lord Durham, reported to the home government, as the result of a tour which he had taken through a great part of the country, that in the whole of the Upper Province, and among the British settlers of the Lower Province, "an excellent spirit prevailed, and that he had found everywhere a determination to forget past differences, and to unite in an endeavor to obtain under the union those practical measures for the improvement of the country which had been too long neglected in the struggle for party and personal objects."

But of the French Canadians he could not give so favorable a report.

Efforts were still made by some of the old Papineau party to mislead the people; but he was satisfied they would not again be able to induce the peasantry to support any attempt at disturbance. It was natural that that party should still feel some soreness at the utter failure of their recent attempts and the disappointment of their hopes; and affairs took the longer time in being brought into perfect order and harmony through a strange mortality which took place among the first Governors-general.

Lord Sydenham died the next year of lockjaw, brought on by a fall from his horse; Sir Charles Bagot was forced to retire in a state of hopeless bad health after an administration equally brief; two years later, Sir Charles Metcalfe, who succeeded him, returned home only to die; and it was not till a fourth Governor, Lord Elgin, succeeded to the government that it could be said that the new system, though established five years before, had a fair trial.

Fortunately, he was a man admirably qualified by largeness of statesman-like views and a most conciliatory disposition for such a post at such a time; and he strictly carried out the scheme which was implied by the bill of Lord John Russell, and to a certain extent inaugurated by Lord Sydenham, selecting his advisers from the party which had the confidence of the Legislative a.s.sembly, and generally directing his policy in harmony with their counsels; so that under his government the working of the colonial const.i.tution was a nearly faithful reproduction of the parliamentary const.i.tution at home. Such a policy was in reality only a development of the principle laid down by Pitt half a century before, and warmly approved by his great rival, that "the only method of retaining distant colonies with advantage is to enable them to govern themselves."[255] And since that day similar const.i.tutions have been established in our other distant dependencies as they have become ripe for them--in New Zealand, the Cape, and the Australian colonies--almost the only powers reserved to the home government in those colonies in which such const.i.tutions have been established being that of appointing the governors; that of ratifying or, if necessary, disallowing measures adopted by the colonial government; and, in cases of necessity, that of prescribing measures for the adoption of the local Legislatures, and even of compelling such adoption, in the event of any persevering opposition. The act of 1850, which established a const.i.tution in Victoria, went even farther in the privileges it conferred on the colonists, inasmuch as it gave power to the Legislative Council to alter some of its provisions, and even to remodel the Legislative Council and a.s.sembly. It may be doubted whether this last concession did not go too far, since in more than one important instance the government of that great colony has availed itself of it so liberally as to render it necessary to pa.s.s a fresh act of Parliament to enable her Majesty to give her royal a.s.sent to some of the changes which the a.s.sembly had enacted.[256] Indeed, it cannot be said that the system has worked in every part or on every occasion quite as well as might have been hoped; nor can it be denied that the colonies have occasionally claimed a power of independent action in opposition to the home Parliament in a way to try severely the patience of the home government. After the British Parliament had adopted the policy and system of free-trade, the Canadian a.s.sembly adhered to the doctrine of protection so obstinately that it actually established a tariff of import duties injurious to the commerce of the mother country, and apparently intended as a condemnation of its principles. But its contumacy showed how wholly different was the spirit of the British government from that which had prevailed in the last century; for though the home government had unquestionably the right of disallowing the offensive tariff, it forbore to exercise it; and, probably, by this striking proof that it considered a complete recognition of the principle of local self-government more important than any trifling financial or commercial advantage, contributed greatly to implant in Canada and all the colonies that confidence in the affectionate moderation of the home government which must be the strongest, if not the only indissoluble, bond of union.

On the whole, it is hardly too much to say that no more statesman-like, and (if sentiment may be allowed a share in influencing the conduct of governments) no more amiable spirit animates any act of our modern legislation than is displayed in these arrangements for the management of our colonies. They are a practical exemplification of the idea embodied in the expression, "the mother country." A hundred years ago, Burke sought to impress on the existing ministers and Parliament the conviction that, "so long as our Colonies kept the idea of their civil rights a.s.sociated with our government, they would cling and grapple to us, and no force under heaven would be of power to tear them from their allegiance." In the case of which he was speaking his warning, as we have seen, fell on deaf ears; but the policy of the present reign is a willing and full adoption of them, on a far larger scale than even his fa.r.s.eeing vision could then contemplate. Within the century which has elapsed since his time the enterprise of Britain has sent forth her sons to people another hemisphere; and they, her children still, cling to the parent state with filial affection, because they feel that, though parted from her by thousands of miles and more than one ocean, they are still indissolubly united to her by their partic.i.p.ation in all the blessings of her const.i.tution, her generous toleration, her equal laws, her universal freedom.

On one transaction of these years the leaders of the Opposition were found acting in close agreement with the ministers. We have seen how, in the early part of the reign of George III., the House of Commons threw the sheriffs of London into prison, on account of their performance of what they conceived to be their duty as magistrates; and in 1840 it subjected the same officials to the same treatment on a question of the same character--the extent of the privilege of the House of Commons to overrule the authority of the courts of law. The question was in appearance complicated by the inst.i.tution of several suits at law, and by the fact that the House was not consistent in its conduct, but allowed its servants to plead to the first action, and refused the same permission in the second, when the result of the first trial had proved adverse to them. The case was this: some inspectors of prisons has presented a report to Parliament, in which they alleged that they had found in Newgate a book of disgusting and obscene character, published by a London publisher named Stockdale. The House of Commons had ordered the report to be printed and sold by Messrs. Hansard, the Parliamentary publishers, and Stockdale brought an action against Messrs. Hansard for libel. Chief-justice Denman charged the jury that "the fact of the House of Commons having directed Messrs. Hansard to publish their reports was no justification to them for publis.h.i.+ng a Parliamentary report containing a libel;" and Stockdale obtained damages, which were duly paid. Stockdale, encouraged by this success, when, in spite of the result of the late trial, Hansard continued to sell the report, brought a fresh action; but now the House forbade the publishers to plead to it; and, as they obeyed the prohibition, and forbore to plead, the case eventually came before the Sheriff's Court; fresh damages were given, and, in obedience to the writ of the Queen's Bench, the sheriffs seized Hansard's goods, and sold them to satisfy the judgment. Lord John Russell, as leader of the House, moved to bring to the Bar of the House all the parties concerned in the action--the plaintiff, his attorney, the sheriffs, and the under-sheriffs. He was opposed by nearly all the legal members of the House except the crown lawyers, Sir Edward Sugden especially warning the House that "a resolution of the House was of no avail in a court of justice;" while others taunted the House with want of courage in not proceeding against the judges themselves, rather than against their officers, which in this case the sheriffs were.

There could be no doubt of the importance of the question, since it was no less, as the Attorney-general, Sir J. Campbell, put it, than a question whether Parliament or the courts of law had the superiority; and now Sir Robert Peel, as leader of the Opposition, came to the support of Lord John Russell, declaring his opinion to be, first, that "the House possessed every privilege necessary for the proper and effectual discharge of its functions;" secondly, that "the publication of evidence which had led the House to adopt any course was frequently essential to justify that course to the nation;" and thirdly, that "to judge of the extent of their privileges, and to vindicate them by their own laws, belonged to the House alone." And he pressed strongly on the House that it was "the duty of the House to fight the battle to the last," though he confessed that "it was with pain that he had come to the determination of entering into a contest with the courts of law." On one point the judges agreed with the House of Commons. The House committed the sheriffs; but, when they sued out their _habeas corpus_, the judges decided that the return of the Sergeant-at-arms that they were committed by the House for breach of privilege was a sufficient return. Stockdale brought fresh actions. But meantime the case was arousing a strong excitement in the country.[257] The singular hards.h.i.+p of the position of the sheriffs excited general sympathy: if they obeyed the House of Commons, which prohibited them from paying over to Stockdale the damages which they had received for him, the Court of Queen's Bench would be bound to attach them for disobedience to its order. If they obeyed the Queen's Bench, the House would imprison them for breach of privilege. And the national feeling is always in favor of the strictly defined authority of the courts of law, rather than of the somewhat indefinite claims of Parliament to interpret, and even to make, privilege. Another consideration, probably, weighed a little with the champions of the House--that their power of imprisonment ended with the session. As matters went on, it was found that even the Attorney and Solicitor-general differed as to the course to be pursued; and eventually Lord John Russell consented to adopt the advice which had been given by a former Attorney-general, Sir F. Pollock, and to bring in a bill to legalize all similar proceedings of Parliament in future, by enacting that a certificate that the publication of any doc.u.ment had been ordered by either House should be a sufficient defence against any action. The introduction of such a bill was in some degree an acknowledgment of defeat; but it can hardly be denied to have been not only a judicious step, but the only one practicable, if the contest between Parliament and the courts of law were not to be everlasting; and it met with general approval. If it was a compromise, it was one that satisfied both parties and both ends. It upheld the authority of the courts of law, and at the same time it practically a.s.serted the reasonableness of the claim advanced by the House of Commons, by giving it for the future the power which it had claimed. Nor were people in this day inclined to be jealous of the privileges of Parliament, so long as they were accurately defined. They felt that it was for the advantage and dignity of the nation that its powers and privileges should be large; what they regarded with distrust was, a claim of power of which no one knew the precise bounds, and which might, therefore, be expanded as the occasion served.

Notes:

[Footnote 245: Fifty-two mills and 30,000 persons were thrown out of employment for ten weeks at Ashton in 1830 by the turning out of 3000 "coa.r.s.e spinners," who could clear at the time from 28s. to 31s. per week. The following pa.s.sage is extracted from an oath said to have been administered by the combined spinners in Scotland in 1823: "I, A B, do voluntarily swear, in the awful presence of G.o.d Almighty, and before these witnesses, that I will execute with zeal and alacrity, as far as in me lies, every task or injunction which the majority of my brethren shall impose upon me in furtherance of our common welfare, as the chastis.e.m.e.nt of _k.n.o.bs_, the a.s.sa.s.sination of oppressive and tyrannical masters, or the demolition of shops that shall be deemed incorrigible."--_Annual Register_, 1838, pp. 204-207.]

[Footnote 246: See page 221.]

[Footnote 247: The question was examined with great minuteness by Lord Brougham a fortnight after the ministerial explanation. See "Parliamentary Debates," 3d series, xlvii., 1164.]

[Footnote 248: It is stated on good authority that Lord Melbourne, in private conversation, justified or explained the line he had taken by his consideration for his friends, scores of whom would have had their hopes blighted by his retirement.]

[Footnote 249: See "Life of the Prince Consort," i., 55.]

[Footnote 250: "Life of the Prince Consort," i., 57.]

[Footnote 251: Macaulay's "History of England," i., 386.]

[Footnote 252: This is the name which the Liberal historian of the time, Miss Martineau, gives it. "The so-called Registration Bill was, in fact, an unannounced new Reform Bill for Ireland."--_History of the Peace_, book v., c. vi.]

[Footnote 253: See _ante_, p. 127.]

[Footnote 254: In one instance the rebels were aided by a party of citizens of the United States, who, without any sanction from their own government, seized an island on the St. Lawrence belonging to us, and attacked some of the Canadian villages. And this led to the discussion of a question of international combined with const.i.tutional law, which Lord Campbell thus describes: "'Whether, if the subjects or citizens of a foreign state with which we are at peace, without commission or authority from their own or any other government, invade the English territory in a hostile manner, and levy war against the Queen in her realm, we are ent.i.tled to treat them as traitors?' The Canadian courts held that we could not, as they had never acknowledged even a temporary allegiance to our sovereign. And of this opinion was Sir William Follett. But, after reading all that is to be found on the subject, I come to the conclusion that they owed allegiance when, as private individuals, they voluntarily crossed the English frontier; that it was no defence for them to say that they then had arms in their hands and intended to murder the Queen's subjects."--_Life of Lord Campbell_, ii.,119. It certainly would have been no _defence_; but would it not have taken their conduct from under the definition of _treason_, and made it an act of _piracy_?]

[Footnote 255: See Fox's words, quoted by Lord Stanhope.--_Life of Pitt_, ii., 90.]

[Footnote 256: A couple of years after the period which is the boundary of the present work, this Canadian const.i.tution of 1841 was superseded by a measure uniting Canada, Nova Scotia, and New Brunswick in one federal government, with, as the act recites, "a const.i.tution similar in principle to that of the United Kingdom." The act farther provided for the admission of other dependencies of the crown in North America, Newfoundland, Prince Edward Island, British Columbia, and Rupert's Land into the union, and established as the const.i.tution of the whole one scarcely differing from that of 1841, with the exception that both the Houses of the Legislature--called in the act the Senate and the House of Commons--were to be representative bodies, and that powers were conferred on them so absolutely free and independent, that it was thought necessary to add a clause providing that their "privileges, immunities, and powers were never to exceed those at the pa.s.sing of the act held, enjoyed, and exercised by the Commons House of Parliament of the United Kingdom of Great Britain and Ireland, and by the members thereof."]

[Footnote 257: Lord Campbell, in his autobiography, puts the transaction, in the phase at which it had now arrived, in a very serious light: "Next came a proceeding which placed me in a most difficult position; and the public never knew the danger which then existed of a convulsion unexampled in our history. The sheriffs sued out a writ of _habeas corpus_, directed to the Sergeant-at-arms, commanding him to produce before the Court of Queen's Bench the sheriffs of Middles.e.x, alleged to be illegally in custody, with the cause of their detention.

Wilde, the Solicitor-general, was strong for refusing to make any return to the writ, and for setting the Court of Queen's Bench at defiance. Had I concurred in this opinion it would certainty have been acted on. The consequences would have been that the Sergeant-at-arms, even with the mace in his hand, would have been sent to Newgate by the Court of Queen's Bench. The House must have retaliated by committing the judges.

The crown would then have had to determine on which side the army should be employed, and for a time we must have lived under a military government" (ii., 129). The n.o.ble and learned autobiographer does not explain why it should have been indispensable to employ the army on either side.]

CHAPTER XII.

Sir Robert Peel becomes Prime-minister.--Commercial Reforms.-- Free-trade.--Religious Toleration.--Maynooth.--The Queen's University.--Post-office Regulations.--The Opening of Letters.-- Naturalization of Aliens.--Recall of Lord Ellenborough.--Reversal of the Vote on the Sugar Duties.--Refusal of the Crown to Sanction a Bill.--The Question of Increase in the Number of Spiritual Peers.--Repeal of the Corn-laws.--Revolution in France, and Agitation on the Continent.--Death of Sir Robert Peel.--Indifference of the Country to Reform.--Repeal of the Navigation Laws.--Resolutions in Favor of Free-trade.--The Great Exhibition of 1851.

The transactions mentioned in the last chapter were among the last events of Lord Melbourne's ministry. He had for some time been aware of his impending defeat in the House of Commons, and, greatly to his credit, had endeavored to make the return to office easier to his successors by the friendly counsels he had given to the Queen on the subject.[258] A dissolution of Parliament in the summer of 1841 only weakened his party, and in September he resigned, and was succeeded by Sir Robert Peel, who, comparatively short as was his tenure of office,[259] found it long enough to establish for himself a reputation as the greatest financier of Europe since the days of Pitt. It may be worth remarking that, in the "Memoirs of the Prince Consort," it is mentioned that in the course of his administration Peel found reason to change his judgment on the question of which House of Parliament it was the more desirable for the Prime-minister to be a member. Canning had more than once a.s.serted his conviction that the public business would be more satisfactorily conducted when the Prime-minister was a commoner, founding his opinion chiefly on the paramount importance of financial questions, the discussion of which is almost confined to the House of Commons, and conceiving it to be supported by the history of the administration of Pitt, from whom, indeed, he had imbibed the idea; and in former years Peel had more than once expressed his concurrence with that view of the subject. But, from papers which were intrusted to him for the execution of his great work, Sir Theodore Martin learned that Peel had subsequently found reason to come to the opposite conclusion, not from any change in his view of the relative importance of the different departments of administration, but solely because "the amount of work imposed upon the first minister in the House of Commons, in addition to what he had to go through elsewhere, was too great for any human strength. In the House of Lords the Prime-minister would escape the necessity for being in a position to vindicate all the details of administration, and to answer the multiplicity of questions on all sorts of subjects, the putting of which has almost degenerated into a vice. He had, therefore, come to the conclusion that it was there he ought to be."[260] And, indeed, the subjects which demanded the care of the minister, and attracted the attention of Parliament, were constantly increasing in number, variety, and importance to the very end of his administration. Not only were the financial difficulties of the country, the depressed state of agriculture and commerce (the result of a succession of bad harvests), sufficient causes for grave anxiety, but the terrible war, of which mention has already been made, which we had now been carrying on for nearly three years in Afghanistan, and which, before the end of this very year, was about to be signalized by a disaster such as had never before befallen a British army, threatened to kindle the flames of war in Europe also, from the share which the intrigues of Russia had had in fomenting the quarrel; and the same danger was more than once in the course of the next five years imminent, from the irritation with which France regarded us, and which, commencing in Syria, while Lord Melbourne was still at the helm, lost no opportunity of displaying itself, whether in transactions in the remote Pacific Ocean or the old battle-field of the two nations, the Spanish peninsula; and finally, these embarra.s.sing perplexities were crowned by the appalling visitation of famine, which, at the end of the fourth year of the administration, fell upon Ireland with a severity surpa.s.sing any similar event in modern history.

With all these multiform difficulties the new minister grappled with unflinching courage, and with conspicuous success. Peace was preserved abroad, and financial prosperity was restored at home. Into the details of his measures devised for this last-mentioned object, though the leading features of his administration, and those on which his fame chiefly rests, it would be beside the purpose of the present work to enter. It is sufficient to say here that, in the spirit of Pitt's great financial reform of 1787, he revised the whole of the import duties of our commercial tariff, especially reducing the duties on raw material;[261] making up the deficiency so caused by an income tax, which he described as a temporary imposition, since he doubted not that the great increase of lawful trade, which would be the consequence of the reduction of duties, would soon enable the revenue to dispense with a tax to the objections of which he was not blind. In recommending this great change to the House, he laid down as the soundest maxim of financial legislation, in which "all were now agreed, the principle that we should buy in the cheapest market and sell in the dearest," a doctrine which, when more fully carried out, as it was sure to be, led almost inevitably to the great measure for which his administration is most celebrated, the repeal of the Corn-laws. There could be no doubt that, in the most modified application of it, it struck at the root of the principle of protection, which had hitherto been the fundamental principle of our finance, and made a farther extension of it inevitable.

And, as he had been one of the leading members of the ministry which carried Catholic Emanc.i.p.ation, so he now proceeded on the same path of religious toleration; and, in the session of 1844, successfully recommended to the House of Commons a bill which had already been pa.s.sed by the Lords, repealing a number of penal acts affecting the Roman Catholics, which, though they had long been practically obsolete, still enc.u.mbered, and it may be said disgraced, the statute book, and were, so to say, a standing degradation of and insult to the Roman Catholic body.

One of them, pa.s.sed in the reign of William and Mary, still forbade any Roman Catholic to come within ten miles of London, to have either sword or pistol in his house, or to possess a horse worth more than five pounds. Another, enacted under Elizabeth, still made every Roman Catholic who omitted to take certain oaths guilty of high-treason, though no attempt to administer those oaths had been made since the Revolution. Another, of the time of Charles I., deprived any Roman Catholic who should send his son to a foreign school of all protection of the law; he could neither sue nor defend an action. It may fairly be said that the credit of Parliament and of the nation was concerned in the abrogation of laws so ridiculously oppressive, and not the less obnoxious for being practically invalid. And in the same spirit another measure was framed and carried by the Lord Chancellor, whose object was the confirmation of religious endowments belonging to different sects of Protestant Dissenters, and their protection from vexatious and unjust litigation, by making a continued possession of any kind of endowment or property for twenty years a valid t.i.tle.