The Constitutional History of England from 1760 to 1860 Part 14

And concurrently with this enactment, which, however indispensable for the repression of crime, no one could deny to be severe, the ministers endeavored also to remove the causes of discontent by a large measure of Church reform, not confining their aim to settling the t.i.the question, but dealing with the whole question of the Irish Church in such a way as to lay down, as an undoubted principle of the const.i.tution, the doctrine that the Church existed for the benefit of the nation; that its property was bestowed on it for the same object; and that, consequently, the nation, or in other words the Parliament, had a perfect right to deal with its property and endowments of all kinds, always keeping the same end in view, the general advantage of the whole nation. Proceeding on these maxims, they introduced a Church Reform Bill, in which, perhaps, the most remarkable circ.u.mstance of all was, that 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 princ.i.p.al 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 consolidate these bishoprics into ten, the archbishoprics into two, a reduction which could hardly fail to commend itself to all. But with this reduction was combined a variety of other details relating to the Episcopal revenues, to the right of the bishops to grant leases, and other matters of finance, which the ministers proposed so to remodel as to create a very large fund to be at the disposal of the state. On this point the greater part of the ministerial scheme was wrecked for the time. They succeeded in carrying that part of it which consolidated the bishoprics, and in inducing the House of Commons to grant, first as a loan, which was originally turned into a gift, a million of money to be divided among the inc.u.mbents of the different parishes, who were reduced to the greatest distress by the inability to procure payment of their t.i.thes, the arrears of which amounted to a far larger sum.

But the a.s.sertion that any surplus fund arising from redistribution of the Episcopal revenues ought to belong to the state, not only called forth a vigorous resistance from the whole of the Tory party at its first promulgation, but, when the subject was revived the next year, and one of the supporters of the ministry, Mr. Ward, proposed a resolution that any such surplus might be legitimately applied to secular purposes, it produced a schism 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 deal with the t.i.the question failed for the time, four more years elapsing before it was finally settled. But, curtailed as it was, the bill of 1833 still deserves to be remembered as a landmark in const.i.tutional legislation, since it afforded the first instance of Parliament affirming a right to deal with ecclesiastical dignities and endowments, thus setting a precedent which, in the next reign, was followed with regard to the Church of England.

Lord Melbourne succeeded Lord Grey at the Treasury; but every one saw that the ministry was greatly weakened. The King, too, had become greatly dissatisfied both with their general policy, especially in regard to the Irish Church--which he took an opportunity of a.s.suring the Irish bishops he was unalterably resolved to uphold--and also with the language and conduct of one or two individual ministers, to which it is not necessary to refer more particularly; and when, on the death of Lord Spencer, father of Lord Althorp, the Chancellor of the Exchequer, which took place in November, 1834, it became necessary for Lord Melbourne to propose to him a re-arrangement of some of the cabinet offices, he at once dismissed the whole body of the ministers. It was a somewhat singular step to take, for they had not been defeated in Parliament, and he did not himself allege any special dissatisfaction with anything which they had yet done, though he did apprehend that some of them would press upon him measures disadvantageous to "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 administration either beneficial to the state or creditable to themselves. And it may be said that the letter in which Lord Melbourne had in November announced to his Majesty the death of Lord Spencer, and the necessity for new arrangements which that event had created, by the expression that "in these new and altered circ.u.mstances it was for his Majesty to consider whether it were his pleasure to authorize Viscount Melbourne to attempt to make such fresh arrangements as might enable his present servants to continue to conduct the affairs of the country, or whether his Majesty deemed it advisable to adopt any other course," and that "Lord Melbourne earnestly entreated that no personal consideration for him might prevent his Majesty from taking any measures or seeking any other advice which he might think more likely to conduce to his service and to the advantage of the country," did not only contemplate, but to a certain degree even suggested, the possibility of his Majesty's preferring to have recourse to fresh advisers.

The King's subsequent acts and their result, however, certainly took the kingdom by surprise. He applied to the Duke of Wellington to undertake the formation of a new ministry; and the Duke, explaining to the King that "the difficulty of the 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, on receiving the royal summons, he at once hastened to England, the Duke of Wellington in the mean time accepting the offices of First Lord of the Treasury and Secretary of State, as a provisional arrangement, till he should arrive in London.

Sir Robert reached England early in December; and though, if "he had been consulted beforehand, he would have been inclined to dissuade the dismissal of the last ministry as premature and impolitic," he did not consider it compatible "with his sense of duty" to decline the charge which the King laid upon him, and at once accepted the office of Prime-minister, being fully aware that by so doing he "became technically, if not morally, responsible for the dissolution of the preceding government, though he had not had the remotest concern in it."[235] In the formation of his ministry he so far endeavored to carry out the views which the King had suggested to Lord Melbourne in the summer as to invite the co-operation of Mr. Stanley (who, by the death 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 declined his offers; and consequently he was forced to select his cabinet entirely from the party of anti-Reformers. He dissolved Parliament, a step as to which it seemed to him that the universal expectations of, and even preparation for, a dissolution, left him practically scarcely any option;[236] but he soon found, as, indeed, he had feared he should find, the attempt to establish a Conservative government premature. The party of the late ministry, following the example set by Mr. Fox in 1784 with better fortune, divided against him in the House of Commons on every occasion, defeating him in every division; and at the beginning of April he retired, and Lord Melbourne and his former colleagues resumed their offices with very little change.

They had, as was natural, not been contented with opposing the Conservative ministry in its general policy, but in both Houses they had attacked it with great energy. They had begun the battle in both Houses in the debate on the address, in which they selected three points in the recent transactions for special condemnation, affirming that in every one of them the royal prerogative had been unconst.i.tutionally exercised--the dismissal of the late ministry, the dissolution of Parliament, and the appointment of the Duke of Wellington to a variety of offices. In the House of Commons the attack was led by Lord Morpeth and Lord John Russell; in the House of Lords by Lord Melbourne himself.

It was urged that, though the prerogative of the sovereign to dismiss his ministers was undoubted and inalienable, yet the Houses had a clear right to sit in judgment on any particular exercise of it; and that the circ.u.mstances of the late ministry having been but recently formed, of its possessing in a conspicuous degree the confidence of the great majority of the House of Commons, and of its being occupied at the moment of its dismissal with matters of high national concern, justified the House in calling on the new ministers to show valid reasons for its sudden dismissal. As to the dissolution, it was asked what misdemeanor the late House of Commons had committed? No difference had occurred between it and the other House of Parliament. It had pa.s.sed no hostile vote against any administration. It had been in existence but a very short time. All these circ.u.mstances, 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 unconst.i.tutional 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 been suddenly obliged to go to war, who would have been responsible for the Foreign Department? If an insurrection of the negroes had occurred, who was responsible for the Colonial Office? If in Ireland any t.i.the dispute had arisen, who was responsible as Home-secretary?" And Lord Melbourne, though a speaker generally remarkable for moderation, on this subject went much farther; and, after urging that, "if one person held the situation of First Lord of the Treasury, and also that of Secretary of State for the Home Department, it would not only place in his hands without any control the appointment to every great office in the state, but a person so situated would also have the pecuniary resources of the state at his disposal without check or investigation," he proceeded to a.s.sert that "an intention to exercise those offices would amount to a treasonable misdemeanor." He did not, indeed, go so far as his late Attorney-general, Sir J. Campbell, who, in vexation at his loss of office, had even threatened the Duke with impeachment; but, though he admitted that the Duke had been free from the guilty intention of exercising the authority of these offices, he suggested that "the Lords ought to pa.s.s some resolution calculated to prevent so great a breach of the const.i.tution from being drawn into a precedent."

On the first point thus raised, for the dismissal of the late ministry without any such cause as is usually furnished by an adverse vote of one of the Houses of Parliament, Peel frankly admitted that his acceptance of office rendered him const.i.tutionally responsible, though, as he also said, it was notorious that in fact he had, and could have had, no previous knowledge of it; but he denied that any const.i.tutional question 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 been made to him (Peel) and several of his friends to coalesce with Lord Melbourne, rendered the act by which the late government had been removed perfectly justifiable on the part both of the King and of himself; that the King was justified in thinking a wholly fresh arrangement preferable to a re-arrangement of Lord Melbourne's cabinet; and he himself in obeying his sovereign's commands to form a new administration.

The wisdom and propriety of the dissolution, too, could only be examined as a question of expediency; but in this instance every consideration not only recommended but compelled it. "When he undertook the arduous duties now imposed upon him, he did determine that he would leave no const.i.tutional effort untried to enable him satisfactorily to discharge the trust imposed in him. He did fear that if he had met the late Parliament he should have been obstructed in his course, and obstructed 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 a.s.serted, 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 this point, since, "whenever an extensive change of government had occurred, a dissolution of Parliament had followed;" and he referred to the year 1784, and to 1806, when the administration of which Lord Grey was the leading member at once dissolved the existing Parliament on coming into office; though he believed "the present to be the first occasion on which a House of Commons had been invited to express its dissatisfaction at the exercise of the prerogative of dissolution."

To the strictures of Lord Melbourne and Lord Morpeth on the Duke of Wellington's temporary a.s.sumption of a combination of offices, it was replied by Sir Robert and the Duke that, though there might be inconvenience from the a.s.sumption of all those powers by one individual, it was so far from being unconst.i.tutional, that it was a common practice for the Secretary for one department to act for another during intervals of recreation, or periods of ill-health; that there was ample precedent for such a proceeding. In the last week of the life of Queen 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 const.i.tutional 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 under this rule, in the latter part of the reign of George II., Chief-justice Lord Mansfield had continued finance-minister for above three months. And, as to the practical result of what had been done in the present instance, the Duke affirmed, what, indeed, was universally admitted, that the arrangement had from the first been understood to be merely temporary; that no inconvenience had resulted from it; indeed, that "not a single act had been done in any one of the offices which had not been essentially necessary for the service of the country."

The first two points on which the ministry was a.s.sailed it seems superfluous to examine, since it is clear that the position taken up by Sir Robert Peel is impregnable: that, on every view of the principles and practice of the const.i.tution, there was no doubt of the right of the sovereign to dismiss his ministers or to dissolve the Parliament at his pleasure; and that those acts can only be judged of by a consideration of their expediency. Inexpedient, indeed, the 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 p.r.o.nounced 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 any or every act of the minister, it is not so clear that Lord Morpeth's invitation to it to express its dissatisfaction with this particular act of dissolution was, on general principles, expedient or safe; since such a vote is making a perilous approach to claiming for the House the right of being asked for its consent to its own dissolution, a claim the admission of which had been one of the most fatal, if not the most fatal, of all the concessions of Charles I.

As to the Duke of Wellington's a.s.sumption of a variety of offices, it is probable that when he first proposed to the King to confer them on him, he antic.i.p.ated no objection whatever from any quarter, since he had so little idea of there being any impropriety in holding two offices, were they ever so apparently incongruous, if his Majesty should have directed him to do so, that seven years before, when he became Prime-minister, he had at first designed permanently to retain the command of the army in conjunction with the Treasury, and had only been induced to abandon the intention by the urgent remonstrance of Sir Robert Peel; and, const.i.tutionally, 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 Parliament being pa.s.sed to direct either the suspension or the revival. He can even leave the most important offices vacant, and intrust the performance of their duties to a commission, as was done in this very year 1835, when the Great Seal was put in commission, and the duties, for above two years, were performed by commissioners, who had other duties also to discharge; and these instances may, perhaps, warrant the conclusion that the distribution of the different posts in what is generally known as the cabinet is dictated by considerations of what is practicable and expedient rather than by any positive and invariable rule or principle.

Yet it does not follow that, because the const.i.tution was not violated or endangered by such an arrangement, the leaders of the Opposition did other than their duty in calling attention to it. Unquestionably, it is historically true that the liberties of the people owe their preservation, growth, and vigor to the jealous watchfulness to check the first and slightest appearance of any attempt to encroach upon 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 p.r.o.nounce a formal judgment on it, since any express censure would have been unwarranted either by the facts of the case or by any inference to be drawn from previous usage, while an approval of it would wear the appearance not only of sanctioning, but even of inviting a repet.i.tion of an arrangement which, if ever attempted to be carried out in actual practice, must tend to grave inconvenience, if not to discredit.

Lord Melbourne resumed office, and, being strengthened by the manifest inability of the opposite party to command the confidence of the House of Commons, began to apply himself with vigor to the carrying out of several measures of internal reform, some of which involved not only the property but the long-established rights of very considerable bodies, and, as so doing, have an importance in a const.i.tutional point of view, besides that arising from their immediate effects. Peel had been equally alive to the desirableness, so cogent as almost to amount to a moral necessity, of introducing reforms into more than one old inst.i.tution, such as should bring them more into harmony with the spirit of the age, remodelling or terminating some arrangements which were manifest abuses, and others which, though, if dispa.s.sionately examined and properly understood, they, perhaps, were not really grievances, yet in their operation caused such discontent and heart-burnings that they were as mischievous 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 t.i.thes, 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 circ.u.mstances 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 dest.i.tute of Episcopal supervision, which now was thus to be supplied to them. But the new legislation did more. It might be expected that the growth of the population would continue, and would in time require a farther and corresponding increase of the Episcopate; and the erection of these new dioceses was, therefore, not only the supplying of a present want, but the foundation of a system for increasing the efficiency of the Church which should be capable of gradual progressive expansion, as the growth of the population in various districts might be found to require additional facilities for supervision. And the judgment with which the new arrangement met the requirements of the community may be regarded as proved by the circ.u.mstance that now, after the lapse of nearly half a century, it is maintained in active operation, and is admitted by all parties not only to be of the greatest practical benefit, but also to have a moral effect scarcely less valuable in the degree in which it has stimulated the application of private munificence to the great work of Church extension.

But before Lord Grey quitted office his government had also called the attention of Parliament to the necessity of a large munic.i.p.al reform, which, indeed, it seemed to them that the Reform Bill had bound them, in all consistency, to introduce. In the speech with which the King had closed the session of 1833, he had informed the Houses that he had "directed commissions to be issued for investigating the state of the munic.i.p.al corporations throughout the United Kingdom, the result of whose inquiries would enable them to mature some measure which might seem best fitted to place the internal government of corporate cities and towns upon a solid foundation in respect of their finances, their judicature, and their police." He reminded them that they had recently pa.s.sed acts "for giving const.i.tutions upon sound principles to the royal and parliamentary boroughs of Scotland," and warned them that "their attention 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 const.i.tution 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 for the public advantage, wasting them in many instances for the benefit of individuals; sometimes even employing for purposes of corruption funds originally intended for charitable uses." And they a.s.serted that this too common misconduct of these bodies had engendered "among a great majority of the inhabitants of the incorporated towns a general and just dissatisfaction with their munic.i.p.al inst.i.tutions, a distrust of the self-elected munic.i.p.al councils, and of the munic.i.p.al magistracy, tainting with suspicion the local administration of justice." And therefore they "felt it their duty to represent to his Majesty that the existing munic.i.p.al corporations of England and Wales neither possessed nor deserved the confidence and respect of his Majesty's subjects; and that a thorough reform must be effected before they could become what they ought to be, useful and efficient instruments of local government."

It would be superfluous here to repeat the story of the rise of the boroughs, whose gradual acquisition of charters, with privileges and powers of various degrees, has been sufficiently investigated by Hallam.[237] What the Parliament had now to deal with was the way in which the system worked in the nineteenth century; and here it must be confessed that the report of the commissioners, severe as it was, did in no degree exaggerate the prevailing evils. The corporations had gradually become self-elected oligarchies of the worst kind. It must be admitted that, in perverting their authority to political purposes, they might plead the excuse that they were but following the example set them by the ministers of 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, in some of the reports of their management of charitable estates committed to their care, it was proved that "the property, instead of being employed for the general benefit of the town, had been consumed for the partial benefit of a few individuals, and not unfrequently in the feastings and entertainments in which the mayor and other corporators had been in the habit of indulging. In some not very large boroughs these expenses had amounted to 500 and 600 a year; and the enjoyment had been confined to freemen of only one party." And the perpetuity of this mismanagement was in most instances secured by the members of the corporation themselves electing their new colleagues on the occasion of any vacancy.

To put an end to this discreditable state of affairs, the government had prepared a very sweeping scheme of reform, though that it was not too sweeping was proved by the approval with which not only its principle but most of its details were received by the greater part of the Opposition; the leading principle being, to quote the words of the minister in introducing the bill, "that there should be one uniform government inst.i.tuted, applicable to all; one uniform franchise for the purpose of election; and a like description of officers in each, with the exception of some of the larger places, in which there would be a recorder, or some other such magistrate. The first thing to be amended was the mode of election to the corporation, which was now to be intrusted to all such rate-payers in each borough as had paid poor-rates for three years, and resided within seven miles of the place." Lord John Russell had considered, he said, "whether this franchise should be limited to those paying a certain amount of rates; to the ten-pound householders, for instance, to whom the parliamentary franchise was confined;" but he decided on proposing to extend it to _all_ rate-payers, because, according to the established principle, to the known and recognized principle of the const.i.tution, 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 const.i.tuted was to have the entire government of the borough; of its police, its charities, and generally, and most especially, of the raising and expenditure of its funds,[239] which had been too often dealt with in a manner not only wasteful, but profligate.

Cases had been brought forward in which "corporations had been incurring debts year by year, while the members were actually dividing among themselves the proceeds of the loans they raised." The revenue derived from charitable estates had been "no less scandalously mismanaged." And the bill provided for the appointment of finance committees, trustees, auditors, and a regular publication of all the accounts, as the only efficient remedy and preventive of such abuses. The whole police of the town and administration of justice was also to be completely under the control of the council; and for the appointment of magistrates the council was to have the power of recommending to the crown those whom they thought fit to receive the commission of the peace; and in the large towns it should have power also to provide a salary for stipendiary magistrates. Another clause provided that towns which could not as yet be included in the bill, since they had never been incorporated, might obtain charters of incorporation by pet.i.tion to the Privy Council.

Such were the general provisions of this great measure of reform; a bill similar in principle having already been enacted for Scotland, and another being shortly after pa.s.sed, with such variations of detail as the differences in the circ.u.mstances of the country required, for Ireland. Some of the clauses, especially those which preserved the vested rights of freemen and their families, and which required a certain amount of property or rating qualifications in the town councillors, were not originally included in the bill, but were inserted as amendments in the House of Lords; and it may be remarked that the result of the discussion in that House afforded a proof of the sagacity of those peers who, though conscientiously opposed to the Reform Bill, preferred allowing it to pa.s.s 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 cla.s.s of the rate-payers. In some boroughs, or in some wards of many boroughs, it may be regarded as certain that they would have been so chosen; and such an admixture of unfit persons would have tended to bring some degree of discredit on the whole council, while to the successful inauguration of a new system the establishment of a general feeling of respect for it and confidence in it was of primary importance. The danger, too, of so ill-judged a selection would have been greatest in the larger boroughs, those being, at the same time, the very places in which the occasional difficulty of maintaining order and tranquillity made it even more necessary than in smaller towns that the council should enjoy the esteem and confidence of their fellow-citizens.

The principle that every man who contributed to the rates had a right to claim a voice in the election of those who were to expend them, which the minister laid down as the justification of the clause conferring the munic.i.p.al franchise on all the rate-payers, was strongly contested by Sir Robert Peel, though neither he nor those of his party in the Upper House proposed any alteration of the bill in this respect; but he pointed out that, though Lord John affirmed it to be the known and recognized principle of the const.i.tution, 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 munic.i.p.al election to mere numbers, since the poorest cla.s.s is everywhere the most numerous, and its admission led almost inevitably to a reduction of the parliamentary franchise at some future day, though certainly at this time, and for many years afterward, Lord John was far from contemplating any alteration of the Reform Bill, but, on the contrary, took every opportunity of proclaiming his adherence to it as a final solution of the question.

But though in this particular it is possible that the bill might have been improved, it must be allowed to have been a measure very creditable to its framers. Few reforms have been conceived in a more judicious and more moderate spirit; few have been so carefully limited to the removal of real and proved 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 const.i.tution, as they have been gradually developed by the practical experience of successive generations. It combined with felicitous skill representative with local government; it secured uniformity in working, and that peculiarly English principle of publicity, without which the best-devised system cannot long be preserved from degeneracy.

The Church reforms in England and Ireland, which were carried out about the same time, cannot be said to have involved any const.i.tutional principle, though one of them greatly extended the principle of religious toleration and indulgence to the Dissenters of various sects.

No alteration had been made in the Marriage Act of 1754, which declared it indispensable to the validity of a marriage that it should be performed in a church 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 validity of the arguments against the unmodified maintenance of the existing law, and had framed a measure calculated, in his view, to give the Dissenters the relief their t.i.tle to which could not be denied. But his bill had been extinguished by his retirement. And Lord John Russell now availed himself of the machinery of another measure, which he introduced at the same time, to make the relief somewhat wider and more effective.

Hitherto there was no record of births and marriages beyond that which was preserved in the registers of different parishes, which in former years had in many instances been carelessly and inaccurately kept. But at the beginning of 1836, the ministers, justly urging that it was important, in a national point of view, both with regard to the security of t.i.tles to property, and to that knowledge of the state of population the value of which was recognized by the establishment of the practice of taking a decennial census, that there should be a general register of all such occurrences, introduced a bill to establish a registry and registrar in every Poor-law union, with a farther registry for each county, and a chief or still more general one in London for the whole kingdom, 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 rites most agreeable to their consciences or prejudices. And though some of the details of the ministerial measure were objected to and slightly altered in its pa.s.sage through Parliament, the general principle was admitted by the warmest friends and most recognized champions of the Established Church, who wisely felt that a bulwark which is too ill-placed or too unsubstantial to be defended, is often a treacherous source of weakness rather than strength, and that a temperate recognition of the validity of claims founded on justice was the best protection against others which had no such foundation, and that measures such as these adopted in a spirit of generous conciliation could only strengthen the Church by taking at least one weapon from the hands of its enemies.

Another of the measures relating to the Church, of which Peel had prepared a sketch, had for its object the removal of a grievance of which the members of the Church itself had long been complaining, the mode of the collection of t.i.the. It would be superfluous here to endeavor to trace the origin of t.i.thes, or the purposes beyond the sustentation of the clergymen to which they were originally applied.[240] They had undoubtedly been established in England some time before the Conquest, and the principle that the land should support the National Church was admitted by a large majority of the population; it may probably be said with something nearly approaching unanimity on the part of those who really paid it, namely, the land-owners. The objection to the t.i.the system was founded rather on the way in which it worked, operating, as Lord John Russell described it, as "a discouragement to industry; a penalty on agricultural skill; a heavy mulct on those who expended the most capital and displayed the greatest skill in the cultivation of the land." The present mode of levying the t.i.thes forced the clergy to forbearance at the expense of what they deemed to be their rights, or led them to enforce them at the expense of the influence which they ought to possess with their parishioners, compelling them to lose either their income by their indulgence, or their proper weight and popularity 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 t.i.the was taken in kind being comparatively few, and the plan usually adopted being for the occupier of land to pay the inc.u.mbent 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 t.i.thes of every parish in the kingdom should be commuted into a rent-charge, regulated partly by the composition which had hitherto been paid, and partly by the average price of grain--wheat, barley, and oats. It was no new idea, since as far back as 1791 Pitt had proposed a general commutation of t.i.thes for a corn rent, and had submitted a plan with that object to the Primate, though circ.u.mstances of which we have no accurate knowledge prevented him from proceeding with it.[241] Objections[242] were taken to this last part of the arrangement, chiefly because it would render perpetual the terms of existing compositions, the extreme augmentation of them which was provided for in the bill being only ten per cent., while it was notorious that the majority of inc.u.mbents had shown such liberality in these matters that the compositions rarely amounted to two-thirds of the sum to which they were legally ent.i.tled. And it was hardly denied that the measure did involve some sacrifice of the extreme legal rights of the clergy; but it was urged and generally felt by the most judicious friends of the Church that the peace and harmony which might be expected to be the fruit of the measure was worth some sacrifice, and the bill was pa.s.sed with very general approval; a bill on similar principles, with such variations as were required by the differences between the two countries, being also pa.s.sed for Ireland.

The last measure on ecclesiastical subjects was also chiefly of a financial character, though its details were calculated, some directly, others indirectly, to produce benefits of a still more important nature.

The condition of the property of the bishops and the ecclesiastical chapters had long been a subject of censorious remark. The various dioceses differed greatly in extent, as did, therefore, the labors of the diocesans. Some sees contained above 1000, one (London) even above 1200 parishes; others contained under 150. The revenues of some were very large, in one or two instances approaching 20,000 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 the hope of such promotion had in some cases the not unnatural, however deplorable, effect of making the bishop anxious to please the minister of the day, to whom alone he could look for translation, by parliamentary subservience; and the still more mischievous result (if possible) of rendering the whole Bench liable to the same degrading suspicion; while the canonries and prebends in the different chapters, whose revenues also varied greatly, were in every diocese so numerous that they had become nearly sinecures, the duties rarely exceeding residence for a month, or, at the outside, six weeks in a year.

These abuses (for such they could not be denied to be) had attracted the attention of Sir Robert Peel, who had appointed a commission, of which many of the highest dignitaries of the Church were members, and who, after very careful investigation and deliberation, presented a series of reports on which the ministry framed its measure. They proposed, as has already been mentioned in connection with the labors of Sir Robert Peel, an amalgamation of four of the smaller bishoprics at their next vacancy, in order hereafter to provide for the addition of two new ones at Manchester, or Lancaster, and Ripon, without augmenting the number of bishops. Lord Melbourne apparently feared to provoke the 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 ent.i.tled 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, sufficiently obvious and notorious, rendered the two archbishoprics, and the bishoprics of London, Durham, and Winchester, more costly to the occupants than the other dioceses; and these were, therefore, left in possession of larger revenues than the rest, proportionate to their wider duties or heavier charges. But all the others were to be nearly equal, none exceeding 5500, and none falling below 4500; while the five richer sees were also the only ones to which a prelate could be translated from another diocese. It followed, almost as a matter of course, that the practice of allowing a bishop to hold any other preferment was to cease with the cessation of the cause that had led to such an abuse.

Another part of the bill provided for the suppression of such canonries or prebends as might fairly be considered superfluous. Four were considered sufficient for the proper performance of the duties of each cathedral; and the extinction (after the lives of the present holders) of the rest was designed to form a large fund, to be at the disposal of the Ecclesiastical Commissioners,[243] and to be applied by them chiefly to meet the wants of the more populous parishes in different large towns, for which it had hitherto been difficult to make any provision,[244] by contributing to the erection of additional churches, by increasing the incomes of the inc.u.mbents in cases where it was insufficient, or in any other way which the practical experience of the members of the commission might suggest. One very important reform of a different kind was also provided for in the abolition of pluralities, the bill prohibiting the holding of two livings by the same person except they were within ten miles of each other. The 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 cla.s.s 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 regarded as affecting the tenure of those possessions, or as inconsistent with the doctrine that they are national property, bestowed by the nation on the Church for the service and advantage of the people; deeply interested not only in the maintenance of an Established Church, but in that Church being in the highest possible degree efficient for its holy objects. Being so bestowed and appropriated, that property must, on every principle of the const.i.tution, be subject to the control of the national Parliament. And surely that control could never be more legitimately exerted than in carrying out the recommendations of a commission which numbered among its members several of the prelates of the Church, whose profession and position were a guarantee for their anxiety to preserve all the rights of the Church which contributed to its credit or efficiency; while their matured experience enabled them better than any other men to judge how to reconcile the maintenance of its dignity with the extension of its usefulness.

Notes:

[Footnote 226: The second resolution affirmed that "this House looks forward to a progressive improvement in the character of the slave population, such as may prepare them for a partic.i.p.ation in those civil rights and privileges which are enjoyed by other cla.s.ses of his Majesty's subjects." (Stapleton's "Life of Canning," iii., 98, where also large extracts from the minister's speech are given.)]

[Footnote 227: Trinidad, St. Lucia, and Demerara were the only British islands which had not separate Legislatures.]

[Footnote 228: Miss Martineau. "History of the Thirty Years' Peace,"

book iv., c. viii.]

[Footnote 229: Alison, "History of Europe," 2d series, c. x.x.xi., sec.

74.]

[Footnote 230: In the debate on the Registration Bill, in 1836, Lord John Russell stated that two hundred and twenty eight unions had already been formed in England and Wales, and that it might be calculated that when the whole country was divided into unions the entire number would amount to something more than eight hundred.]

[Footnote 231: See Lord Althorp's speech, of parts of which an abstract is given in the text.--_Parliamentary Debates_, xxii., April 17.]

[Footnote 232: Lord Althorp made the following frightful statement of the crimes committed in the province of Leinster alone in the last three months of 1832 and the first three of 1833: 207 murders, 271 cases of arson. The a.s.saults attended with grievous personal injury were above 1000; burglaries and robberies, above 3000.]

[Footnote 233: It was often a.s.serted that fourteen-fifteenths of the land in Ireland belonged to Protestants, but this estimate was, probably, an exaggeration.]

[Footnote 234: "Memoirs of Sir Robert Peel," ii., 3, 19.]

[Footnote 235: "Memoirs of Sir Robert Peel," pp. 31, 32.]

[Footnote 236: "One important question I found practically, and perhaps unavoidably, decided before my arrival, namely, the dissolution of the existing Parliament. Every one seemed to have taken it for granted that the Parliament must be dissolved, and preparations had accordingly been made almost universally for the coming contest."--_Peel's Memoirs_, ii., 43.]

[Footnote 237: "Middle Ages," ii., 31 _seq_. See also Stubbs, "Const.i.tutional History," i., 82-92 _et seq._]

[Footnote 238: See Hallam's "Const.i.tutional History," ii., 155.]

[Footnote 239: This was a matter of no small importance. The number of boroughs included in the bill was 183, having a population of about two 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 their annual expenditure exceeded that amount by 10,000, being 377,000; "besides which there was a debt of 2,000,000 owing by these bodies."]

[Footnote 240: See Hallam, "Middle Ages," ii., 205-207.]

[Footnote 241: "Life of Pitt," ii., 131. Lord Stanhope imagines that the plan was relinquished in consequence of discouraging comments by the Archbishop (Dr. Moore).]

[Footnote 242: These objections were founded on the following calculations, or something similar to them. The t.i.the was the tenth of the produce. In letting estates it was estimated that a farm ought to produce three rents; in other words, that 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 ent.i.tled to claim. Out of this, however, he had to defray the cost of collection, which might, perhaps, be one shilling, leaving him five shillings. But the average of compositions over the whole kingdom was under 2s. 9d., or eleven-twentieths of what he was ent.i.tled to; and if augmented by ten per cent., it would not exceed three shillings.]

[Footnote 243: The fund so created was expected to amount to 130,000 a year.]

[Footnote 244: As instances of the want of church-room in such towns, Lord John cited the dioceses of London, Chester, York, Lichfield, and Coventry, containing a population of 2,590,000 persons, with church accommodation for only 276,000, or one-ninth of the population; the Commissioners, from whose report he was quoting, reckoning that church-room ought to be provided for one-third.]