The Constitutional History of England From 1760 to 1860

by Charles Duke Yonge

  The ground on which the ministers relied in proposing this repeal of laws so ancient was that, when protection had been removed from every other trade, those concerned in these different trades had an irresistible claim for its removal from the shipping. And on general principles, both of commerce and statesmanship, the claim was, as they urged, irresistible, unless some object of greater importance still than uniformity of legislation-namely, the national safety, bound up as it unquestionably was in the perpetual pre-eminence of the national navy-required an exception to be made. But for the maintenance of our maritime supremacy it was, as Burke had preached three-quarters of a century before, better to trust to the spirit of the people, to their attachment to their government, and to their innate aptitude for seamanship, which they seem to have inherited from the hardy rovers of the dark ages, and which no other nation shares with them in an equal degree. And if that may safely be trusted, as undoubtedly it may, to maintain the supremacy of our warlike fleets, the preponderance of argument seemed greatly on the side of those who contended that our commercial fleets needed no such protection; to which it may be added that exceptions to a general rule and principle are in themselves so questionable, that the burden of proof seems to lie upon those who would establish or maintain them. But the advocates of free-trade were not content even with this triumph, though it might have been thought a crowning one, and in the course of the next year they succeeded in carrying a resolution which (though Lord Derby and the opponents of the act of 1846 were now in office) was not resisted even by the ministry, being, in fact, the result of a compromise between the different parties; and which asserted that "the improved condition of the country, and especially of the industrious classes, was mainly the result of recent legislation, which had established the principle of unrestricted competition, ... and that it was the opinion of the House that this policy, firmly maintained and prudently extended, would, without inflicting injury on any important interest, best enable the industry of the country to bear its own burdens, and would thereby most surely promote the welfare and contentment of the people." Such a resolution was, in fact, the adoption of free-trade as the permanent ruling principle of all future commercial legislation. And even before the adoption of this resolution, the feeling in favor of free-trade had been greatly strengthened by the Great Exhibition, which not only delighted the world for six months with a spectacle of such varied and surpassing beauty as even its original projector, the Prince Consort, had not pictured to himself, but which had also the farther and more important effect of instructing the British workman in every branch of manufacture, by bringing before his eyes the workmanship of other nations; and, as we may well believe (though such a result is not so easily tested), of improving the mutual good-will between rival nations, from the respect for each which the experience of their skill and usefulness could not fail to excite.

  Notes:

  [Footnote 258: On the 20th of February, 1840, Baron Stockmar writes: "Melbourne told me that he had already expressed his opinion to the Prince that the Court ought to take advantage of the present movement to treat all parties, especially the Tories, in the spirit of a general amnesty." To the Queen his language was the same: "You should now hold out the olive-branch a little."-Life of the Prince Consort, i., 83.]

  [Footnote 259: He became Prime-minister in September, 1841, and retired in June, 1846-four years and three-quarters afterward.]

  [Footnote 260: "Life of the Prince Consort," i., 266. It may be remarked that, in spite of the opinion thus expressed by Sir Robert Peel, of those who, since his retirement in 1846, have held the same office, the majority have been members of the House of Commons. The peers who have since been Prime-ministers have been Lord Aberdeen and Lord Derby; the members of the House of Commons have been Lord John Russell, Lord Palmerston, Mr. Disraeli, and Mr. Gladstone; though it may be thought that in his second ministry Mr. Disraeli showed his concurrence in Sir Robert Peel's latest view, by becoming a peer in the third year of his administration.]

  [Footnote 261: Lord Stanhope tells us "the remedial resolutions moved by Pitt in the House of Commons, as abolishing the old duties and substituting new ones in a simpler form, amounted in number to no less than 2537."-Life of Pitt, i., 330. Peel, in his speech, March 21, 1842, states that he reduces or takes off altogether (wherever the duty is trifling, but is practicable) the duty on 750 articles of import.]

  [Footnote 262: In the Commons by 307 to 184; in the Lords by 226 to 69.]

  [Footnote 263: The following statements of the members of colleges and of the three denominations for 1879, 1874, and 1869 appear in the last Queen's University Calendar:

  1879. 1874. 1869. Church of Ireland ....... 201 189 211 Roman Catholics ....... 223 188 161 Presbyterians .......... 388 249 227 Other denominations...... 88 87 83

  -- -- --

  900 713 682]

  [Footnote 264: In the course of the session, in order to tranquillize the public mind on the subject, secret committees were appointed by both Houses of Parliament to investigate the subject, from whose inquiries it appeared that, since the days when the government was endangered by the plots of the Jacobites, the power had been very sparingly used. The most conspicuous instance of its employment had been in the case of Bishop Atterbury, several of whose letters had been opened, and were produced in Parliament to justify the bill of "pains and penalties" which was passed against him. The power had been confined to Great Britain till the latter part of the last century, when it was judged desirable to extend it also to the Lord-lieutenant of Ireland. But, since the Peace of Amiens, the number of letters opened in a year had not, on an average, exceeded eight; nor was there the least ground for suspecting that a single one had been opened except on such information as fully warranted suspicion.

  The practice, however, was not confined to our own government. In the second volume of the "Life of Bishop Wilberforce" a page is given of his diary, dated July 18, 1854, which records a conversation in which the Duke of Newcastle and Lord John Russell took part, and in which it is mentioned that the French government, under the administration of M. Guizot, opened letters, and that the practice was not confined to monarchical or absolute governments, for "the American government opens most freely all letters." And, with reference to this particular case, the Duke of Newcastle said that "Sir James Graham really opened Mazzini's letters on information which led to a belief that a great act of violence and bloodshed might be prevented by it."-Life of Bishop Wilberforce, ii., 247.]

  [Footnote 265: A subsequent act, passed since the date at which the present history closes, has repealed even this exception. By the 33d Victoria, c. 14 ("Law Reports," p. 169), it is enacted that "an alien, to whom a certificate of naturalization is granted, shall in the United Kingdom be entitled to all political and other rights, powers, and privileges, and be subject to all obligations to which a natural born British subject is entitled as subject in the United Kingdom," etc.; and at the general election of 1880 the Baron de Ferrieres, a Belgian nobleman, who had been naturalized in 1867, was elected M.P. for Cheltenham.]

  [Footnote 266: In one instance-on the question whether twelve should be the number of hours, as proposed by the Government-the majority against that number was 186 to 183. But immediately afterward a majority of 188 to 184 decided against Lord Ashley's alternative proposal of ten hours.]

  [Footnote 267: As President of the Board of Trade. He afterward was raised to the Peerage as Lord Taunton.]

  [Footnote 268: The second reading was carried in the House of Lords by 49 to 37.]

  [Footnote 269: See "Peel's Memoirs," ii., 173.]

  [Footnote 270: It has been observed that till the Corn-laws were repealed there had been no instance whatever of any person who had been engaged in trade becoming a cabinet minister. Since that time there have been several, some of whom only relinquished their share in houses of business on receiving their appointments, and some who are generally understood to have continued to participate in the profits of trade while m
embers of an administration.]

  [Footnote 271: Alison, quoting the General Report of the Census Commissioners, estimates the deaths caused by famine and the diseases engendered by it at the appalling number of 590,000, and states the sums advanced under different acts of Parliament to meet the emergency at L7,132,268.-History of Europe, vii., 274, 276, 2d series.]

  [Footnote 272: The same statesman who has previously been mentioned as Lord Stanley, and whom the death of his father had recently raised to the House of Peers.]

  [Footnote 273: In 1853 he said to Lord Clarendon, speaking of a new bill which he was pressing on Lord Aberdeen, then Prime-minister, "I am for making it as Conservative as possible, and that by a large extension of the suffrage. The Radicals are the ten-pound holders. The five-pound holders will be Conservative, as they are more easily acted upon."-Life of the Prince Consort, ii., 503. It was the same idea that inspired some of the details of the Reform Bill subsequently passed by Lord Derby's third ministry.]

  [Footnote 274: "Life of the Prince Consort," iv., 395.]

  [Footnote 275: "Life of the Prince Consort," v., 56.]

  CHAPTER XIII. Dismissal of Lord Palmerston.-Theory of the Relation between the Sovereign and the Cabinet.-Correspondence of the Sovereign with French Princes.-Russian War.-Abolition of the Tax on Newspapers.-Life Peerages.-Resignation of two Bishops.-Indian Mutiny.-Abolition of the Sovereign Power of the Company.-Visit of the Prince of Wales to India.-Conspiracy Bill.-Rise of the Volunteers.-National Fortifications.-The Lords Reject the Measure for the Repeal of the Paper-duties.-Lord Palmerston's Resolutions.-Character of the Changes during the last Century.

  The frequency of ministerial changes at this time has already been mentioned, and the first of them took place at the beginning of 1852, under circumstances which throw some light on a question which has never been exactly defined-the duty of the different members of a cabinet to one another, to the Prime-minister, and to the sovereign.

  Queen Victoria had a high idea of her duties and responsibilities. From any legal responsibility she was aware that she was exempt; but she did not the less consider that a moral responsibility rested on her not to be content to give her royal sanction as a mere matter of form to every scheme or measure which might be submitted to her, but to examine every case for herself, to form her own opinion, and, if it differed from that of her ministers, to lay her objections and views fairly before them, though prepared, as the constitution required, to act on their decision rather than on her own, if, in spite of her arguments, they adhered to their judgment. And in carrying out this notion of her duty she was singularly aided by the Prince, her husband, a man of perfectly upright character, of great general ability, and who, from the first moment of his married life, regulated his views of every question, domestic and foreign, by its bearing on English interests and English feelings, to which he early acclimatized himself with a remarkable readiness of appreciation.

  In the administration of Lord John Russell, Lord Palmerston was Foreign Secretary, and during its latter years foreign affairs occupied more of the attention of the country than matters of domestic policy.

  The revolution of 1848, which overthrew the Orleans dynasty, had produced in France a state of affairs but little removed from anarchy, which was scarcely mitigated by the election of Prince Louis Napoleon to the Presidency of the new republic for four years, so constant was the opposition which the Republican party in the Assembly offered to every part of his policy. They even carried their opposition so far as to form a deliberate plan for the impeachment of his minister and himself, and for his arrest and imprisonment at Vincennes. But he was well-informed of all these dangers, and on the morning of the 2d of December, 1851 (the day, as was commonly believed, having been selected by him as being the anniversary of his uncle's great victory of Austerlitz), he anticipated them by the arrest of all the leading malcontents in their beds; which he followed up by an appeal to the people to adopt a new constitution which he set before them, the chief article of which was the appointment of a President for ten years.

  No one could avoid seeing that what was aimed at was the re-establishment of the Empire in his own person. And so arbitrary a deed, as was inevitable, produced great excitement in England and anxious deliberations in the cabinet. Their decision, in strict uniformity with the principle that rules our conduct toward foreign nations, was to instruct our ambassador in Paris, Lord Normanby, to avoid any act or word which could wear the appearance of an act of interference of any kind in the internal affairs of France. But, on Lord Normanby reporting these instructions to the French Foreign Secretary, M. Guizot, he learned, to his surprise and perplexity, that Lord Palmerston had interfered already by expressing to the French ambassador in London, M. de Walewski, his warm approval of the President's conduct;[276] and Lord Normanby, greatly annoyed at being directed to hold one language in Paris, while the head of his department was taking a widely different tone in Downing Street-a complication which inevitably "subjected him to misrepresentation and suspicion"-naturally complained to the Prime-minister of being placed in so embarrassing a situation.

  Both the Queen and the Prime-minister had for some time been discontented at the independent manner in which Lord Palmerston apparently considered himself entitled to transact the business of his department, carrying it so far as even to claim a right to send out despatches without giving them any intimation of either their contents or their objects. And the Queen, in consequence, above a year before,[277] had drawn up a memorandum, in which she expressed with great distinctness her desire to have every step which the Foreign Secretary might recommend to be taken laid clearly before her, with sufficient time for consideration, "that she might know distinctly to what she had given her royal sanction;" and "to be kept informed of what passed between him and the Foreign Ministers before important decisions are taken," etc., etc. And, after such an intimation of her wish, she not unnaturally felt great annoyance at learning that in a transaction so important as this coup d'etat (to give it the name by which from the first it was described in every country) Lord Palmerston had taken upon himself to hold language to the French Ambassador "in complete contradiction to the line of strict neutrality and passiveness which she had expressed her desire to see followed with regard to the late convulsions at Paris, and which was approved by the cabinet."[278] The Prime-minister seems to have taken the same view of the act, and remonstrated with Lord Palmerston, who treated the matter very lightly, and justified his right to hold such a conversation, which he characterized as "unofficial," in such a tone and on such grounds that Lord John considered he left him no alternative "but to advise the Queen to place the Foreign Office in other hands."

  A careful and generally impartial political critic has recently expressed an opinion "that Lord Palmerston made good his case;"[279] but his argument on the transaction seems to overlook the most material point in it. Lord Palmerston's own defence of his conduct was, that "his conversation with Walewski was of an unofficial description; that he had said nothing to him which would in any degree or way fetter the action of the government; and that, if it was to be held that a Secretary of State could never express any opinion to a foreign minister on passing events except as the organ of a previously consulted cabinet, there would be an end of that easy and familiar intercourse which tends essentially to promote good understanding between ministers and government;" and he even added, as a personal justification of himself as against the Prime-minister, that three days afterward Lord John Russell himself, Lord Lansdowne (the President of the Council), and Sir Charles Wood (the Chancellor of the Exchequer) had all discussed the transaction with M. de Walewski at a dinner-party, "and their opinions were, if anything, rather more strongly favorable than his had been."

  This personal aspect of the case it is impossible to discuss, since there are no means of knowing whether the ministers mentioned would have admitted the correctness of this report of their language. If it were confessed to be accurate, it would only show them
to have been guilty of equal impropriety, and to a great extent justify him as against the Prime-minister, whose condemnation of his language, if he were conscious that he had held the same himself, would be inexplicable. But it certainly does not justify him in respect of her Majesty or the cabinet collectively, since the Queen's complaint was, not that he held unofficial conversations as a private individual, and not as "the organ of a previously consulted cabinet," but that the tenor of the conversation which he had held was in direct contradiction to the tone which the cabinet had decided should be taken on the subject; that his language was calculated to draw the government into a course of action which it had been deliberately resolved to avoid. And, in spite of the deference due to Lord Palmerston's great experience, it is hard to see how a conversation between our Foreign Secretary and the French Ambassador on an action, the result of which is as yet undecided, can be wholly unofficial, in the sense of having no influence on the conduct of affairs, or, as he expressed it, "in no degree or way fettering the action of the government."