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[See larger version]The Bills were highly necessary, and, on the whole, well calculated to nip in the bud those ever-growing abuses of India and its hundred millions of people which, some seventy years later, compelled Government to take the control out of the hands of a mere trading company, whose only object was to coin as much money as possible out of the country and the folk. But it needed no sagacity to see that the means of defeat lay on the very surface of these Bills. Those whose sordid interests were attacked had only to point to the fact that Parliament, and not the Crown, was to be the governing party under these Bills, in order to secure their rejection. This was quickly done through a most ready agent. Thurlow had been removed by the Ministry from the Woolsack, where he had remained as a steady opponent of all the measures of his colleagues; and it required but a hint from the India House, and he was at the ear of the king. Nothing was easier than for Thurlow to inspire George III. with a deep jealousy of the measure, as aiming at putting the whole government of India into the hands of Parliament and of Ministers, and the effect was soon seen.
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TWO:Lord North, however, was still sufficiently impressed by the solemn warnings of Chatham and others to attempt a conciliatory measure of his own. Accordingly, on the 20th of February, only ten days after his Bill restrictive of the American trade, and whilst it was progressing, he moved in a committee of the whole House, "That if the Legislature of any of the American provinces should propose to make some provision for the common defence, and also for the civil government of that province, and if such proposal shall be approved of by the king and Parliament, it would be proper to forbear, whilst such provision lasted, from levying or proposing any tax, duty, or assessment within the said province." THREE:The Great Seal had remained in commission ever since the resignation of Sir Robert Peel, and it was supposed to be reserved for Lord Brougham when the king's objections to his reappointment should be overcome. Such, however was not the case, as Lord Melbourne was determined to have nothing more to do with him. On the 1st of January, 1836, Sir Charles Pepys, Master of the Rolls, was appointed to the office of Lord Chancellor, and created a peer by the title of Lord Cottenham. At the same time Mr. Henry Bickersteth, appointed Master of the Rolls, was called to the Upper House by the title of Baron Langdale. Lord Brougham, thus passed over, was too ill to make any protest, but before long he assumed an attitude of active opposition to the Ministry. Parliament was opened by the king in person on the 4th of February, 1836, in a Speech remarkable for the number and variety of its topics. It gave the usual assurances of the maintenance of friendly relations with all Foreign Powersexpressed regret at the continuance of the civil contest in the northern provinces of Spain, and hope of a successful result to our mediation between France and the United States. Referring to domestic affairs, the state of commerce and manufactures was declared to be highly satisfactory; but difficulties continued to press on agriculture. Measures were to be submitted for increasing the efficiency of the Church, for the commutation of tithes, for alleviating the grievances of Dissenters; and improvements in the administration of justice were recommended, especially in the Court of Chancery. The special attention of Parliament was directed to the condition of the poor of Ireland, and it was suggested that as experience had proved the salutary effect of the Poor Law Amendment Act in England, a similar measure might be found useful in alleviating the social condition of Ireland. Allusion was also made to the reform of Irish corporations, and the adjustment of the Irish Tithe question, which we have already disposed of in preceding pages. Chiefly with reference to these questions, amendments to the Address were moved in both Houses; in the Upper by the Duke of Wellington, whose amendment was carried without a division; in the Commons Ministers won by 284 against 243.
TWO:During this first Session of the new Parliament Ministers had carried matters with a high hand, imagining that they had a majority which would enable them to resist popular opinion, as they had done since the conclusion of the war. But the progress of the Session did not warrant this conclusion. They were defeated in several very important contests, and before the Session came to an end were made to feel that they had greatly declined in public confidence. In the severe debate of the 18th of May, on the motion of Mr. Tierney for a Committee of Inquiry into the state of the nation, they had a majority of more than two to one. But this was very different on the 3rd of June, when they only carried their Foreign Enlistment Bill by a majority of thirteen. On the question of the resumption of cash payments, the conversion of Mr. Peel to the principles of Horner was a rude shock to the Cabinet, and shrewd men prognosticated that, the entire system of Mr. Vansittart being thus overturned, he must retire. Then came not merely partial conversions, or near approaches to defeat, but actual defeats. Such were those on Sir James Mackintosh's motion for inquiry into the criminal laws, and on Lord Archibald[147] Hamilton's for Scottish burgh Reform. The question of Catholic Emancipation had approached to a crisis, and a majority of only two against it was, in truth, a real defeat. The consequence was that the conviction of the insecurity of Ministers was not only shared by men of impartial judgment, but by themselves. Towards the end of the Session Lord Liverpool himself was found writing to a friend, that unless the measure for the return to cash payments raised the confidence of the public in them, they must soon go out:"I am quite satisfied that, if we cannot carry what has been proposed, it is far better for the country that we should cease to be a government. After the defeats we have already experienced during this Session, our remaining in office is a positive evil. It confounds all ideas of government in the minds of men. It disgraces us personally, and renders us less capable every day of being of any real service to the country, either now or hereafter. If, therefore, things are to remain as they are, I am quite sure that there is no advantage, in any way, in our being the persons to carry on the public service. A strong and decisive effort can alone redeem our character and credit, and is as necessary for the country as it is for ourselves." THREE:
TWO: THREE:The Swiss acted a more cautious part. Fearful that Napoleon might yet, by some other wonderful chance, regain his power, they summoned a Diet, passed an order for the neutrality of the cantons, and issued an order calling on the Allies to respect this, and not attempt to march troops through their country. This would have suited Buonaparte extremely well, as it would have closed his eastern frontiers to the Austrians, who were marching that way under Count Bubna; but the Austrians informed the Swiss authorities that they should certainly march through; and the Allied sovereigns dispatched Count Capo d'Istria and Herr Lebzeltern to Zurich to state that the power of France over Switzerland was at an end, and to desire them to send deputies to meet them, and to establish an independent government for Switzerland. Thus assured, the greater part of the cantons sent their deputies to Zurich, who proclaimed the restoration of national independence, and gave free consent for the armies of the Allies to march through the country.
TWO:On the 13th of February the Opposition in the Commons brought on the question of the validity of general warrants. The debate continued all that day and the next night till seven o'clock in the morning. The motion was thrown out; but Sir William Meredith immediately made another, that a general warrant for apprehending the authors, printers, and publishers of a seditious libel is not warranted by law. The combat was renewed, and Pitt made a tremendous speech, declaring that if the House resisted Sir William Meredith's motion, they would be the disgrace of the present age, and the reproach of posterity. He upbraided Ministers with taking mean and petty vengeance on those who did not agree with them, by dismissing them from office. This charge Grenville had the effrontery to deny, though it was a notorious fact. As the debate approached its close, the Ministers called in every possible vote; "the sick, the lame were hurried into the House, so that," says Horace Walpole, "you would have thought they had sent a search warrant into every hospital for Members of Parliament." When the division came, which was only for the adjournment of Meredith's motion for a month, they only carried it by fourteen votes. In the City there was a confident anticipation of the defeat of Ministers, and materials had been got together for bonfires all over London, and for illuminating the Monument. Temple was said to have faggots ready for bonfires of his own. THREE:BENJAMIN FRANKLIN.
Top Home we have none!SIR THOMAS PICTON.From the Painting by Andrew C. Gow, R.A.But a brave and liberal member of the peerage, Earl Stanhope, did not flinch from endeavouring to get repealed a number of these disgraceful evidences of Church bigotry, which still cumbered the Statute book from long past periods. In May, 1789, a few days after Mr. Beaufoy's second defeat on the question of the Test and Corporation Acts, Lord Stanhope proposed "a Bill for relieving members of the Church of England from sundry penalties and disabilities to which, by the laws now in force, they may be liable, and for extending freedom in matters of religion to all personsPapists only exceptedand for other purposes therein mentioned." His Lordship had given notice of his intention to introduce such a Bill in the previous February, as Mr. William Smith had done in the Commons, when what was called the Uniformity Clause in the Regency Bill was discussed, contending that this clause, which prohibited the Regent from giving the Royal Assent to the repeal of the Act for Uniformity passed in the reign of Charles II., might prevent the repeal of a preceding Act, of a very bigoted character, of a previous date. The Bishops, with the Archbishop of Canterbury at their head, opposed his intention,[161] contending that this was not a proper time for such a discussion. Lord Stanhope now detailed the names, dates, and characters of the Acts which he had in view. They were these:The Act of 1 Elizabeth, ordering every person to go to church, and imposing a fine of twenty poundsa very large sum thenon any one above the age of sixteen absenting himself or herself from church for a month; and in case of non-payment, ordering the imprisonment of the offender till the fine were paid, or the offender conformed. In case of twelve months' absence, the offender was to be bound in a bond of two hundred pounds, with two sureties, for his compliance in future. By the 23 Elizabeth these penalties were made still more rigorous, and by the 35th of her reign, all persons who absented themselves for a month were liable not only to the twenty pounds a month, but that money might be refused, if tendered, and the offender be deprived of two-thirds of his lands, tenements, and hereditaments, instead of the twenty pounds. By the 3 James I. these abominable powers were extended, and every person was made amenable for every visitor, servant, and servant of visitors to his or her house, and should be compelled to pay 10 per month for the non-attendance at church of each of them; and over and above all these penalties, the ecclesiastical courts might as fully exercise their jurisdiction over these offenders as if no such special Acts existed.
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