The Constitutional History of England From 1760 to 1860

by Charles Duke Yonge

  And they had reason to be satisfied. For the good work thus done was not limited by the extent of the British dominions, vast as they are. The example of the homage thus paid by the Parliament and the nation to justice and humanity was contagious; the principle on which the bill was founded and was carried being such that, for mere shame, foreign countries could hardly persist in maintaining a traffic which those who had derived the greatest profit from it had on such grounds renounced; though our ministers did not trust to their spontaneous sympathies, but made the abolition of the traffic by our various allies, or those who wished to become so, a constant object of diplomatic negotiations, even purchasing the co-operation of some by important concessions, in one instance by the payment of a large sum of money. The conferences and congresses which took place on the re-establishment of peace gave them great facilities for pressing their views on the different governments. And Lord Liverpool's instructions to Lord Castlereagh and the Duke of Wellington, as plenipotentiaries of our government,[163] show the keen interest which he took in the matter, and the skilful manner in which he sought to avail himself of the predominant influence which the exertions and triumphs of this country had given her with every foreign cabinet. Though Portugal was an ally to whom we regarded ourselves as bound by special ties, as well as by the great benefits we had conferred on her, yet, as she clung with the greatest pertinacity to the trade, he did not scruple to endeavor to put a constraint upon her which should compel her submission, and instructed Lord Castlereagh "to induce the Congress to take the best means in their power to enforce it by the adoption of a law, on the part of the several states, to exclude the colonial produce of those countries who should refuse to comply with this system of abolition."

  And exertions so resolutely put forward were so successful, that the trade was avowedly proscribed by every European nation, though unquestionably it was still carried on by stealth by merchants and ship-owners of more than one country-not, if the suspicions of our statesmen were well founded, without some connivance on the part of their governments. Nor were our efforts in the cause the fitful display of impulsive excitement. We have continued them and widened their sphere as occasions have presented themselves, exerting a successful influence even over unchristian and semi-civilized governments, of which an instance has very recently been furnished, in the assurances given by the Khedive of Egypt to our minister residing at his court, that he is taking vigorous measures to suppress the slave-trade, which is still carried on in the interior of Africa; and that we may believe his promise that he will not relax his exertions till it is extinguished, at least in the region on the north of the equator.

  Individuals, as a rule, are slow to take warning from the experience of others; slower, perhaps, to follow their example in well-doing. Nations are slower still. When such an example is followed, still more when it is adopted by a general imitation, it will usually be found not only that the good is of a very unusual standard of excellence, but that he or they who have set the example are endowed with a force of character that predisposes others to submit to their influence. And credit of this kind England may fairly claim for the general abolition of the slave-trade; for the condemnation and abolition of the slave-trade had this distinguishing feature, that the idea of such a policy was of exclusively British origin. No nation had ever before conceived the notion that to make a man a slave was a crime. On the contrary, there were not wanting those who, from the recognition of such a condition in the Bible, argued that it was a divine institution. And they who denounced it, and labored for its suppression, had not only inveterate prejudice and long custom to contend with, but found arrayed against them many of the strongest passions that animate mankind. The natural desire for gain united merchants, ship-owners, and planters in unanimous resistance to a measure calculated to cut off from them one large source of profit. Patriotism, which, however misguided, was sincere and free from all taint of personal covetousness, induced many, who wore wholly unconnected either with commerce or with the West Indies, to look with disfavor on a change which not only imperilled the interests of such important bodies of men, but which they were assured by those concerned, must render the future cultivation of estates in the West Indies impracticable; while such a result would not only ruin those valuable colonies, but would also extinguish that great nursery for our navy which was furnished by the vessels at present engaged in the West India trade. To disregard such substantial considerations to risk a loss of revenue, a diminution of our colonial greatness, and a weakening of our maritime power, even while engaged in a formidable war, under no other pressure but that of a respect for humanity and justice, was certainly a homage to those virtues, and also an act of self-denying courage, of which the previous history of the world had furnished no similar example; and it is one of which, in one point of view, the nation may be more justly proud than of the achievements of its wisest statesmen, or the exploits of its most invincible warriors. For it was the act of the nation itself. No previous sentiment of the people paved the way for Pitt's triumphs in finance, for Nelson's or Wellington's victories by sea and land; but the slave-trade could never have been abolished by any parliamentary leader, had not the nation as a whole become convinced of its wickedness, and, when once so convinced, resolved to brave everything rather than persist in it. The merit of having impressed it with this conviction belongs to Mr. Wilberforce, whose untiring, unswerving devotion of brilliant eloquence and practical ability to the one holy object, and whose ultimate success, give him a just claim to be reckoned among the great men of a generation than which the world has seen none more prolific of every kind of greatness. But the nation itself is also entitled to no slight credit for having so rapidly appreciated the force of his teaching, and for having encouraged its representatives to listen to his voice, by the knowledge that by adopting his measures they would be carrying out the wish and determination of the whole people.

  A measure for the strengthening of the army, introduced by the Secretary of State for War, Mr. Windham, though not one of perpetual force, since it required to be renewed every year, claims a brief mention, from the extent to which one of its clauses trenched on the freedom of the subject, by making every man of military age (from sixteen years old[164] to forty) liable to be compelled to submit to military training for a certain period of each year. "Nothing," to quote the Secretary's words, "was to exempt any man from the general training but his becoming a volunteer at his own expense, the advantage of which would be that he could train himself if he chose, and fight, if occasion required it, in the corps to which he should belong, instead of being liable to fall in among the regulars.... As out of the immense mass of the population some selection must be made, those called on to be trained were to be selected by lot, and he would have the people divided into three classes, between the ages of sixteen and forty: the first class to comprehend all from sixteen to twenty-four; the second, those between twenty-four and thirty-two; and the third, all from thirty-two to forty. The number of days for training he proposed to limit to twenty-six, with an allowance of a shilling a day for each man." The result aimed at by this part of his measure was the creation of a force different from and unconnected with the militia; and he did not conceal his hope that the military habits which it would implant in a large portion of the population would lead many of those thus about to be trained to enlist in the regular army. To the militia itself he paid a high but not undeserved compliment, declaring it "for home service certainly equal to any part of our regular forces, with the single exception that it had never seen actual service." But the militia could not be called on to serve out of the kingdom; and his object was to increase the force available for foreign service-"to see the great mass of the population of the country so far trained as to be able to recruit immediately whatever losses the regular army might sustain in action." As yet, the number of men yearly obtained by recruiting fell far short of the requirements of the service. Wellington had not yet begun that career of victory which c
reated a national enthusiasm for war, and filled our ranks with willing soldiers. And another clause of the same bill was framed in the hope of making the service more acceptable to the peasantry, by limiting the time for which recruits were to be enlisted, and entering men, at first, in the infantry for seven years, or in the cavalry (as that branch of the service required a longer apprenticeship) for ten; then allowing them the option of renewing their engagement for two periods-in the infantry of seven years each, in the cavalry of six and five, with increased pay during each of the two periods, and a small pension for life, if the soldier retired after the second period; and "the full allowance of Chelsea," which was to be farther raised to a shilling a day, for those who elected to serve the whole twenty-one years. This principle the present reign has seen carried to a much greater extent, but the change is too recent for even the most experienced officers to be agreed on its effects. And it is only because of this recent extension of it that this clause is mentioned here. But the enactment of a law of compulsory service was clearly an inroad on the great constitutional right of every man to choose his own employment. At the same time, it is equally clear that it was only such an inroad as under the circumstances, was fully justifiable. It is true that all danger of French invasion had passed away with Trafalgar; but the kingdom was still engaged in a gigantic war, and the necessity of the case-always the supreme law-was so little denied by the Opposition, that their objections to the bill were directed entirely against the clause for limited enlistment, and not against that which abridged the subject's liberty, by compelling him to learn to serve his country in war.

  The reign of George III., which had now lasted fifty years, was drawing practically to a close. The excitement caused by the ministerial changes in 1801 had already brought on one relapse, though fortunately a very brief one, of the King's malady of 1788; and in the autumn of 1810 the death of the daughter who was supposed to be his especial favorite, the Princess Amelia, produced a recurrence of it, which, though at first the physicians entertained more sanguine hopes of his speedy recovery than on any former occasion, he never shook off. More than one change of ministry had recently taken place. In 1807 Lord Grenville had been compelled, as Pitt had been in 1801, to choose between yielding his opinions on the Catholic question or resigning his office, and had chosen the latter alternative. He had been succeeded for two years by the Duke of Portland; but in 1809 that nobleman had also retired, and had been succeeded by his Attorney-general, Mr. Perceval, the only practising barrister who had ever been so promoted. And he now being Prime-minister, and, as such, forced to make arrangements for carrying on the government during the illness of his sovereign, naturally regarded the course pursued in 1789 as the precedent to be followed. Accordingly, on the 20th of December he proposed for the adoption of the House of Commons the same resolutions which Pitt had carried twenty-two years before-that the King was prevented by indisposition from attending to public business; that it was the duty of Parliament to provide means for supplying the defect of the personal exercise of the royal authority, and its duty also to determine the mode in which the royal assent to the measures necessary could be signified. And he also followed Pitt's example in expressing by letter to the Prince of Wales his conviction that his Royal Highness was a person most proper to be appointed Regent, and explaining at the same time the restrictions which seemed proper to be imposed on his immediate exercise of the complete sovereign authority; though the advanced age at which the King had now arrived made it reasonable that those restrictions should now be limited to a single year. The Prince, on his part, showed that time had in no degree abated his repugnance to those restrictions, and he answered the minister's letter by referring him to that which he had addressed to Pitt on the same subject in 1788. And he induced all his brothers to address to Perceval a formal protest against "the establishment of a restricted Regency," which they proceeded to describe as perfectly unconstitutional, as being contrary to and subversive of the principles which seated their family upon the throne of this realm.[165]

  Perceval, however, with Pitt's example before him, had no doubt of the course which it was his duty to pursue; and the Opposition also, for the most part, followed the tactics of 1789; the line of argument now adopted by each party being so nearly identical with that employed on the former occasion, that it is needless to recapitulate the topics on which the different speakers insisted; though it is worth remarking that Lord Holland, who, as the nephew of Fox, thought it incumbent on him to follow his uncle's guidance, did on one point practically depart from it. As his uncle had done, he denied the right of the Houses to impose any restrictions on the Prince's exercise of the royal authority; but, at the same time, he consented to put what may be called a moral limitation on that exercise, by adding to an amendment which he proposed to the resolution proposed by the minister an expression of "the farther opinion of the House that it will be expedient to abstain from the exercise of all such powers as the immediate exigencies of the state shall not call into action, until Parliament shall have passed a bill or bills for the future care of his Majesty's royal person during his Majesty's present indisposition."

  It is remarkable that the leaders of the Opposition were in a great degree stimulated in the line they took by the very same hopes which had animated Fox and his followers in 1789-the expectation that the Regent's first act would be to discard the existing ministry, and to place them in office. But again they were disappointed in their anticipations, of the realization of which they had made so sure that they had taken no pains to keep them secret. They even betrayed their mortification to the world when the Prince's intentions on the subject of the administration became known by the violence of their language in Parliament, some of their party denouncing the employment of the Great Seal to give the royal assent to the bill as "fraud and forgery." Nor, indeed, could the Regent himself, even while expressing his intention to make no change in the administration, lest "any act of his might in the smallest degree have the effect of interfering with the progress of his sovereign's recovery," suppress an expression of dissatisfaction at the recent arrangements, which he considered had placed him in "a situation of unexampled embarrassment," and had created "a state of affairs ill calculated, as he feared, to sustain the interests of the United Kingdom in this awful and perilous crisis, and most difficult to be reconciled to the general principles of the British constitution."[166] There were at this time general and apparently well-founded hopes of the King's recovery. For at intervals during the whole of January the Prime-minister had interviews with his Majesty; and, on the very day on which the bill became law, the King himself mentioned it to Lord Eldon, the Chancellor, and said that he acquiesced in it from perfect confidence in the advice of his physicians, and on the sound judgment and personal attachment of his ministers.

  For the present, therefore, no change was made in the administration; but when, in the spring of the following year, Mr. Perceval was murdered, the necessity for a new arrangement which this strange and calamitous atrocity forced upon the Regent-who by this time had come into possession of his full authority-led to his making offers of the conduct of affairs to more than one prominent statesman, all of them, as is somewhat remarkable, being peers. And, though the proposals eventually came to nothing, and the negotiations terminated in the re-establishment of the former ministry, with Lord Liverpool at its head, yet some of the causes to which their failure was publicly or generally attributed seem desirable to be recorded, because the first, and that most openly avowed, bears a not very distant resemblance to the complication which baffled Sir Robert Peel's endeavors to form an administration in 1839; and another corresponds precisely to a proposal which, in 1827, the Regent-then King George IV.-did himself make to the Duke of Wellington. It is unnecessary to dwell on the singular manner in which the Regent first professed to give his confidence to Lord Wellesley, then transferred it to Lord Moira,[167] and then to a certain extent included Lord Grey and Lord Grenville in it. Nor would it be pro
fitable to discuss the correctness or incorrectness of the suspicion expressed by Mr. Moore, in his "Life of Sheridan"-who was evidently at this time as fully in the Regent's confidence as any one else-that "at the bottom of all these evolutions of negotiation there was anything but a sincere wish, that the object to which they related should be accomplished."[168] The reason avowed by Lord Grey and Lord Grenville for refusing a share in the projected administration was the refusal of Lord Moira, who had been employed by the Prince to treat with them on the subject, to allow them to make a power of removing the officers at present filling "the great offices of the household"[169] an express condition of their acceptance of ministerial office. They affirmed that a "liberty to make new appointments" to these offices had usually been given on every change of administration. But Lord Moira, while admitting that "the Prince had laid no restriction on him in that respect," declared that "it would be impossible for him to concur in making the exercise of this power positive and indispensable in the formation of the administration, because he should deem it on public grounds peculiarly objectionable." Such an answer certainly gives a great color to Moore's suspicion, since it is hardly possible to conceive that Lord Moira took on himself the responsibility of giving it without a previous knowledge that it would be approved by his royal master. In a constitutional point of view, there can, it will probably be felt, be no doubt that the two lords had a right to the liberty they required. And the very men concerned, the great officers of the household, were evidently of the same opinion, since the chief, Lord Yarmouth, informed Sheridan that they intended to resign, in order that he might communicate that intention to Lord Grey; and Sheridan, who concealed the intelligence from Lord Grey, can hardly be supposed, any more than Lord Moira, to have acted in a manner which he did not expect to be agreeable to the Prince. But, in Canning's opinion, this question of the household was only the ostensible pretext, and not the real cause, of those two lords rejecting the Regent's offers; the real cause being, as he believed, that the Prince himself had already named Lord Wellesley as Prime-minister, and that they were resolved to insist on the right of the Whig party to dictate on that point to the Regent,[170] just as, in 1782, Fox had endeavored to force the Duke of Portland on the King, when his Majesty preferred Lord Shelburne. As has been intimated in a former page, it will be seen hereafter that in 1839 a similar claim to be allowed to remove some of the ladies of the royal household, and the rejection of that claim by the sovereign, prevented Sir R. Peel from forming an administration. And, as that transaction was discussed at some length in Parliament, it will afford a better opportunity for examining the principle on which the claim and practice (for of the practice there is no doubt) rest. For the present it is sufficient to point out the resemblance between the cases.