Still, though on this single point the success of the scheme did not fully correspond to the hopes of those who had framed it, it was one which did great honor to their ingenuity as well as to their philanthropy (Lord Stanley, as Colonial Secretary, being the minister to whose department it belonged). And the nation itself is fairly entitled to no small credit for its cordial, ungrudging approval of a measure of such unprecedented liberality. Indeed, the credit deserved was frankly allowed it by foreign countries. To quote the language of an eloquent historian of the period, "the generous acquiescence of the people under this prodigious increase of their burdens has caused the moralists of other nations to declare that the British Act of Emancipation stands alone for moral grandeur in the history of the world."[228] And, in respect of the personal liberty of the subject, it may be said to have completed the British constitution; establishing the glorious principle, that freedom is not limited to one part of our sovereign's dominions, to these islands alone, but that in no part of the world in which the British flag is erected can any sort of slavery exist for a single moment.
The abolition of the political authority of the East India Company, which took place some years after the time at which we have arrived, and which will be mentioned in a subsequent chapter, would make it unnecessary to mention the renewal of its charter, which took place at this time, were it not that the force of public opinion again made itself felt in some important limitations of its previous rights. The monopoly of the trade with China which the Company had hitherto enjoyed was resented as an injustice by the great body of our merchants and ship-owners, who contended that all British subjects had an equal right to share in advantages which had been won by British arms. The government and Parliament adopted their view, and the renewed charter extinguished not only that monopoly, but even the Company's exclusive trading privileges in India itself, though these, like the rights of the West India planters over their slaves, were purchased of it by an annuity for forty years, which was estimated as an equivalent for the loss of profit which must result to the proprietors of the Company's stock from the sudden alteration. It cannot be said that any constitutional principle was involved in what was merely a commercial regulation, or relaxation of such regulations. Yet it may not be thought inopportune to mention the transaction thus briefly, as one important step toward the establishment of free-trade, which, at the end of fifty years from the time when Pitt first laid the foundation of it, was gradually forcing itself on all our statesmen, as the only sound principle of commercial intercourse between nations. The laborious historian of Europe during these years finds fault with the arrangements now made, but only on the ground that they did not go far enough in that direction; that, while "everything was done to promote the commercial and manufacturing interests of England, nothing was done for those of Hindostan;"[229] that, "while English cotton goods were admitted for a nominal duty into India, there was no corresponding advantage thought of to the industry of India in supplying the markets of the country." The objection was not unfounded; but the system of which it complains was too one-sided to be long maintained, and in less than ten years a great financial reform had swept away the great mass of import duties, and so far had placed the Indian manufacturer on the same level with his fellow-subjects of English blood.
The disturbances which agitated the first years of the reign of William IV. were not caused solely by the excitement attendant on the passing of the Reform Bill. There had been extensive agricultural distress in England, which had shown itself in an outbreak of new crimes, the burning of ricks in the farm-yards, and the destruction of machinery, to which the peasantry were persuaded by designing demagogues to attribute the scarcity of employment. But statesmen of both parties were agreed in believing that a great deal of the poverty which, especially in the agricultural counties, had become the normal condition of the laborer, might be ascribed to the pernicious working of the Poor-law, which subsisted with scarcely any alteration as it had been originally enacted in the reign of Elizabeth. There was even reason to doubt whether the slight changes which had been made had been improvements. If they had been in the direction of increased liberality to the poor man who needed parish relief, and had to some extent lessened his discomforts, they had at the same time tended greatly to demoralize both him and his employer, by introducing a system of out-door relief, which, coupled with the practice of regarding such relief as a legitimate addition to wages, led the former to feel no shame at underpaying his workmen, and the workman to feel no shame at depending on the parish for a portion of his means of subsistence. It was not to be wondered at that under such a system the poor-rates gradually rose to the prodigious amount of seven millions and a quarter of money; or that the rate-payers began to clamor against such a state of things, as imposing on them a burden beyond their power to bear. It was evident that it was an evil which imperatively demanded a remedy; and accordingly one of the first objects to which Lord Grey's Cabinet turned its attention after the completion of the Reform Bill was the amendment of the Poor-law.
The scheme which in the spring of 1834 they introduced to Parliament was the first instance of the adoption in this country of that system of centralization which has long been a favorite with some of the Continental statesmen, but which is not equally in harmony with the instincts of our people, generally more attached to local government. But, if ever centralization could commend itself to the English mind, it might well be when a new law and a new principle of action were to be introduced, in the carrying out of which uniformity of practice over the whole kingdom was especially desirable. Accordingly, the government bill proposed the establishment of a Board of Commissioners to whom the general administration of the Poor-laws over the whole kingdom was to be intrusted. They were to have power to make rules and regulations as to the mode or modes of relief to be given, subject to the approval of the Secretary of State, that thus the establishment of one uniform system over the whole country might be secured. Power was to be given to unite several parishes into one union, and to erect large workhouses for the several parishes thus massed together;[230] and every union was to be under the management of boards of guardians, elected by the rate-payers of the different parishes, with the addition of the resident magistrates as ex officio guardians. Lord Althorp, who introduced the bill, admitted that such extensive powers as he proposed to confer on the Board of Commissioners were "an anomaly in the constitution," but pleaded the necessity of the case as their justification, since it was indispensable to vest a discretionary power somewhere, and the government was too fully occupied with the business of the nation, while the local magistrates would be destitute of the sources of information requisite to form a proper opinion on the subject. The commissioners alone, being exclusively devoted to the subject, and being alone in possession of all the information that could be collected, were really the only body who could fairly be trusted to form correct opinions on it.[231] The fact of the creation of such a board being "an anomaly," or, as it might rather have been called, a novelty in the constitution, does not seem an insuperable objection, unless it were also inconsistent or at variance with the fundamental principles of the constitution, and that can hardly be alleged in this instance. It is true that local management, whether its range were wide or narrow, whether covering the business of a county or limited to a single parish, had been the general rule; but, like every other arrangement for the conduct of affairs of any kind, that local management was inherently subject to the supreme authority and interference of Parliament. Nor, as the maintenance of this Parliamentary authority, as the supreme referee in the last resource, was provided for by the subordination of the commissioners for the approval of their regulations to the Secretary of State, does it seem that the arrangement now proposed and adopted can be said to have been inconsistent with constitutional principle. And the necessity for some change of that nature was clearly made out by the abuses which, undeniably, had been suffered to grow up under the old system.
If th
e habitual condition of the Irish peasant were to be taken into account, it would be correct to say that there was less distress at this time in England than in Ireland; but there was still greater discontent, and infinitely more of dangerous disturbance. Catholic Emancipation had stimulated the agitators, not pacified them; they regarded it as a triumph over the English government; and, being so, as at once a reason for demanding, and a means of extorting, farther concessions. But this notion of theirs, when inculcated on the peasantry, bore terrible fruit, in such an increase of crime as had probably never been known in any country in the world. In the provinces of Leinster, Munster, and Connaught murders, deeds of arson, and rapine were of far more than daily occurrence.[232] Lord Althorp asserted in the House of Commons that more lives had been sacrificed in Ireland by murder in the preceding year than in one of Wellington's victories. And what was, if possible, a still worse symptom of the disposition of the common people, was exhibited in the impossibility of bringing the criminals, even when well known, to justice. Jurors held back from the assizes, witnesses who had seen murders committed refused to give evidence. The Roman Catholic prelates, and the higher class of the Roman Catholic clergy-most of whom, greatly to their credit, exerted themselves to check this fearful progress of wickedness-found their denunciations unheeded; while O'Connell, in his place in the House of Commons, used language which to an ignorant and ferocious peasantry looked almost like a justification of it, affirming it to be caused wholly by the "unjust and ruinous policy of the government" in refusing to abolish tithes. It was not the first time that the existence of tithe had been alleged as an Irish grievance. In the three southern provinces by far the greater portion of the tenantry were Roman Catholics, and they had long been complaining that they were forced to pay for the support of the Protestant clergyman of their parish, whose ministrations they could not attend, as well as for the maintenance of their own priest, whose livelihood depended on their contributions. According to strict political economy, there could be no doubt that the burden of the tithe fell, not on the tenant, but on the landlord, in the calculation of whose rent the amount of tithe to which each holding was liable was always taken into consideration; and that being the true doctrine, it was equally plain that in reality the Protestant clergy were paid, not by Roman Catholics, but by Protestants, since it was not disputed that by far the greater part of the land-owners in every province were Protestants.[233] But an ignorant peasant is no student of political economy or of logic; and the fact that the payment of the tithe passed through his hands was in his eyes, an incontrovertible proof that it came out of his pocket. The discontent had gradually begotten an organized resistance to the payment, and the mischief of allowing the continuance of such a state of feeling and conduct, which was manifestly likely to impair the respect for all law, made such an impression on the government that, in the royal speech with which he opened the session of 1832, the King recommended the whole subject to the consideration of Parliament, urging the Houses to inquire "whether it might not be possible to effect improvements in the laws respecting this subject."
In compliance with this recommendation, committees were appointed by both Houses; and the result of their investigations was a recommendation that a new arrangement should be made, under which the tithe should be commuted to a rent-charge. Accordingly, the next year the ministers proceeded to give effect to this recommendation. But they reasonably judged that an alteration of a particular law in compliance with the clamor raised against it would be a concession pregnant with mischief to the principle of all government, if it were not accompanied, or rather preceded, by a vindication of the majesty of all law; and therefore the first measure affecting Ireland, which they brought in in 1833, was a "Coercion Bill," which empowered the Lord-lieutenant not only to suppress the meetings of any assembly or association which he might consider dangerous to the public peace, but also to declare by proclamation any district in which tumults and outrages were rife to be "in a disturbed state;" and in districts thus proclaimed no person was to be permitted to be absent from his house from an hour after sunset to sunrise. Houses might be searched for arms, martial law was to be established, and courts-martial held for the trial of all offences except felonies; and the Habeas Corpus Act was suspended for three months. O'Connell and his party protested with great vehemence against such an enactment, as a violation of every right secured to the subject by the constitution. And a bill which suspended the ordinary courts of justice must be admitted to have been incompatible with the constitution as commonly understood and enjoyed. But if the measure thus proposed was extraordinary, the state of affairs which had led to its proposal was so also in a far greater degree. The records of no nation had ever presented such a fearful catalogue of crimes as was now laid before the Parliament, and at such a crisis the statesmen to whom the tranquillity of the country and the safety of the citizens were intrusted were undoubtedly called upon to go back from the letter of the constitution to that which is the primary object of every constitution-the safety of those who live under it. Salus populi suprema lex. And the argument of necessity was regarded, and rightly regarded, by both Houses of Parliament as a sufficient and complete justification of even so exceptional an enactment.
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 tithe 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 constitution, 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 circumstance 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 principal detail in the way of reform which was completed in this first session was one which, however reasonable, had hitherto received but little attention, and had certainly provoked no great outcry. It could not be denied that the Episcopal Establishment in Ireland was out of all proportion to the extent of the country and the number of the Protestant population, or of the parishes. The entire population in communion with the Church fell short of 900,000. The number of parishes scarcely exceeded 1400. But over this comparatively scanty flock were set no fewer than eighteen bishops and four archbishops; while England, with 12,000 parishes, was contented with twenty-four bishops and two archbishops. It was proposed to 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 incumbents of the different parishes, who were reduced to the greatest distress by the inability to procure payment of their tithes, the arrears of which amounted to a far larger sum.
But the assertion 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 su
rplus 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 tithe 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 constitutional 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.
The Constitutional History of England From 1760 to 1860 Page 38