Even before the introduction of the first Reform Bill one measure had been passed of constitutional importance, though the concurrence of both parties in its principle and details prevented it from attracting much notice. Two daughters who had been born to the King and Queen had died in their infancy, and the royal pair were now childless; and, as some years had elapsed since the birth of the last, it was probable that they might remain so. The presumptive heiress to the throne was, therefore, the daughter of the deceased Duke of Kent, the Princess Victoria, our present most gracious sovereign, and, as she was as yet only eleven years of age, it was evidently necessary to provide for the contingency of the death of the King before she should attain her majority. A Regency Bill for that purpose had, therefore, been prepared by the Duke of Wellington's cabinet, and had been introduced by Lord Chancellor Lyndhurst in the House of Lords before the resignation of the ministry. It could not be so simple in its arrangements as such bills had sometimes been, since there was more than one contingency possible, for which it was requisite to provide. It was possible not only that William IV. might die within the next seven years, but also that at his death he might leave a child, or his widow in a state which warranted the expectation of one, the latter case being the more difficult to decide upon, since no previous Regency Bill furnished any precedent for the ministers' guidance.
The first point, however, to be settled was, who was the most proper person to administer the affairs of the kingdom as Regent, in the event of the heiress to the crown being still a minor at the King's death. It was a question on which it was evidently most desirable that no difference of opinion should be expressed. And, in fact, no difference existed. The leaders of both parties-the Duke and his colleagues, who had framed the bill, and Lord Grey, with his colleagues, who adopted it-agreed that the mother of the young sovereign would be the fittest person to exercise the royal authority during the minority; and, farther, that she should neither be fettered by any limitations to that authority, nor by any councillors appointed by Parliament nominally to advise and assist, but practically to control her. It was felt that a Regent acting for a youthful daughter would need all the power which could be given her; while, as she could never herself succeed to the throne, she could be under no temptation, from views of personal ambition, to misuse the power intrusted to her.
At first sight it seemed a more difficult and delicate question what course should be pursued with reference to the possible event of the King dying while the Queen, his widow, was expecting to become a mother. As has been said above, no precedent was to be found in any former bill; yet it seemed to be determined by the old constitutional maxim, that the King never dies. Not even for a moment could the throne be treated as vacant, and, therefore, it was proposed and determined that in such a case the Princess Victoria must instantly be proclaimed Queen, and the Duchess of Kent must instantly assume the authority of Regent; but that, on the birth of a posthumous child to the Queen Dowager, the Princess and the Duchess, as a matter of course, should resume their previous rank, and Queen Adelaide become Regent, and govern in the name of her new-born infant and sovereign. The strict constitutional correctness of the principle elaborately and eloquently expounded to the peers by Lord Lyndhurst was unanimously admitted, and the precedent now set was followed, with the needful modification, when, ten years afterward, it became necessary to provide for the possibility of Queen Victoria dying during the minority of her heir. The parent of the infant sovereign, Prince Albert, was appointed Regent, with the cordial approval of the nation; the dissent of the Queen's uncle, the Duke of Sussex who, with a very misplaced ambition, urged instead the appointment of a Council of Regency, of which he hoped to become the most influential member, only serving to make the unanimity of the rest of the Parliament more conspicuous.
A somewhat kindred question, inasmuch as it affected the personal arrangements, if they may be so termed, of the sovereign, was settled in the same session, and on a new principle. What was called the Civil List had hitherto been placed on a footing which was at once unintelligible and misleading. The expression was first used at the Revolution, and was applied not only to that portion of the revenue which was devoted to the personal expenses of the sovereign, but also to many branches of the civil expenditure of the state, with which, in fact, he had no concern whatever. Not only the salaries of the great officers of the household, but those also of the ministers, ambassadors, and of the judges, were paid out of it, as well as those of many place-holders of various classes, and pensions to a large amount. Amounts embracing such a variety of miscellaneous and unconnected expenses could hardly be expected to be kept with regularity, and there was lavish waste in every department. Burke's bill had rectified some of the abuses, and had also pointed out the way to some other reforms which were gradually adopted; but still numbers of charges were left untouched, and there was scarcely any one subject which afforded more topics to unscrupulous demagogues than the amount of the Civil List, which the ignorant multitude were constantly assured that the King enjoyed to squander on his own pleasures, though, in fact, the greater part of it was expended in the service of the state, and was entirely free from his control. Only a portion of the sum which went under this name was voted annually by the Parliament. A portion was derived from the Crown Lands, from duties known as Droits of the Crown and Droits of the Admiralty, etc., the amount of which fluctuated, and with which Parliament was admitted to have no right to interfere. But the working of the whole was satisfactory to no one-neither to the King himself, nor to those who upheld the right of the Parliament to have a predominant control of every branch of expenditure of the public money. The feeling that the whole of the royal income and expenditure should be placed on a different footing was general, and the fall of the Duke of Wellington's ministry had been immediately caused by the success of a proposal that, before fixing the new sovereign's Civil List, Parliament should refer the matter to a committee, that inquiry might be made into every part of it. Lord Grey's ministry were bound to act in conformity with a resolution on which they had, as it were, ridden into office; and the arrangement which they ultimately effected was one in which common-sense and the royal convenience and comfort were alike consulted. That portion of the Civil List of his predecessor which was voted by Parliament amounted to nearly L850,000 a year; but, besides that sum, George IV. enjoyed the income already mentioned as derived from Crown Lands, Droits, etc., while a farther large sum was furnished by the ancient revenue of the crown of Scotland, and another was received from Ireland. The ministers now proposed that all these sources of income should be handed over to the Treasury, and that the Civil List should henceforward be fixed at L510,000, being at the same time relieved from all the foreign and extraneous charges on it which had invidiously swelled the gross amount, without being in any way under the control of the sovereign, or in any way ministering to his requirements, either for personal indulgence or for the maintenance of the state and magnificence imposed on him by his position.
Such a change was on every ground most desirable. It was clearly in accordance with our parliamentary constitution that grants of money made by the Parliament should express distinctly and unmistakably the objects to which they were really to be applied; and that the charges of departments connected with the government, the administration of justice, or the foreign service of the country, should not be mixed up with others of a wholly different character, so as to make what was, in fact, the expenditure of the nation wear the appearance of being the expenditure of the sovereign. Moreover, the assignment of many of the charges to the Civil List even gave a false character to the appointments themselves. If a sovereign was to pay ambassadors and judges out of what seemed to be his private income, the logical conclusion could hardly be avoided that he had a right to lower those salaries, or even to diminish the number of those appointments. And it may even be said that the less any real danger of such a right being so exercised was to be apprehended, the more unadvisable was it to retain an
arrangement which in theory could be described as liable to such an abuse.
Notes:
[Footnote 216: But it may be remarked that till very recently the people out-of-doors had ceased to show any great anxiety about Reform. Two or three years before, Lord Althorp, who, in Lord Grey's ministry, was Chancellor of the Exchequer and leader of the House of Commons, told Peel that the people had become so indifferent to it, that he never meant to bring forward the question again, and in the last seven years only fourteen petitions had been presented to Parliament in favor of it. In reality, such a feeling in the people would have been eminently favorable to a calm framing of a Moderate measure; but this indifference was soon changed into a more violent and widely diffused excitement than there was any record of since the days of the Popish Plot; that excitement, however, according to the confession of the historian of the Whig ministry and the Reform Bill, himself an ardent reformer, being "no spontaneous result of popular feeling, but being brought about by the incessant labors of a few shrewd and industrious partisans forming a secret, but very active and efficient, committee in London."-Roebuck's History of the Whig Ministry, etc., ii., 309.]
[Footnote 217: In 1835 the two days were reduced to one.]
[Footnote 218: The creation of twelve peers, in the reign of Queen Anne, to secure a majority in favor of the Peace of Utrecht.]
[Footnote 219: "Constitutional History," iii., 331. See the whole passage.]
[Footnote 220: Lord John Russell had publicly described the language of the Tory Peers in the debate on Lord Lyndhurst's amendment as "the whisper of a faction." And many articles of most extreme violence which appeared in the Times about the same time were generally believed to have been written (in part at least) by the Lord Chancellor, Lord Brougham.]
[Footnote 221: "Constitutional History of England," by Sir J.E. May, 1., 262.]
[Footnote 222: Elizabeth enfranchised no fewer than sixty-two in the course of her reign, "a very large proportion of them petty boroughs, evidently under the influence of the crown or the peerage."-Hallam, Constitutional History i., 360.]
[Footnote 223: Sir A. Alison, "History of Europe," xxiii., 55, quotes a paragraph from the Examiner newspaper, which says: "The ground, limited as it is, which it is proposed to clear and open to the popular influence, will suffice as the spot desired by Archimedes for the plant of the power which must ultimately govern the whole system. Without reform, convulsion is inevitable. Upon any reform farther reform is inevitably consequent, and the settlement of the constitution on the democratic basis certain."]
[Footnote 224: Hallam, "Constitutional History," c. xvi., in fin. ]
[Footnote 225: "Semper in republica timendum est ne plurimum valeant plurinn."-Cicero.]
CHAPTER X. Abolition of Slavery.-Abridgment of the Apprenticeship.-The East India Company's Trade is Thrown Open.-Commencement of Ecclesiastical Reforms.-The New Poor-law.-State of Ireland.-Agitation against Tithes.-Coercion Bill.-Beginning of Church Reform.-Sir Robert Peel becomes Prime-minister.-Variety of Offices held Provisionally by the Duke of Wellington.-Sir Robert Peel Retires, and Lord Melbourne Resumes the Government.-Sir Robert Peel Proposes a Measure of Church Reform.-Municipal Reform.-Measures of Ecclesiastical Reform.
Apart from the consideration of the abstract principle, on which the advocates of Parliamentary Reform had insisted, of the light of many classes hitherto unrepresented to representation, they had also dwelt on the practical advantage which might be expected to ensue from the greater degree in which public opinion would henceforth be brought to bear on the action of the Houses, and, by a natural consequence, on the administrative government also. And the bill had hardly passed when this result began to show itself, not only in transactions of domestic legislation, but in others which affected our most remote dependencies, both in the East and West. We have seen in a previous chapter how Wilberforce, after twenty years of labor and anxiety, reaped the reward of his virtuous exertions in the abolition of the slave-trade. But he had not ventured to grapple with the institution which gave birth to that trade, the employment of slaves in our West India Islands. Yet it was an evil indefensible on every ground that could possibly be alleged. It was not only a crime and an injustice, but it was an anomaly, and a glaring inconsistency, in any British settlement. The law, as we have seen, had been laid down as absolutely settled, that no man within the precincts of the United Kingdom could be a slave; that, even had such been his previous condition, the moment his foot touched English soil he became a free man. By what process of reasoning, then, could it be contended that his right to liberty according to English law depended on what portion of the British dominion he was in-that what was incompatible with his claims as a human being in Kent ceased to be so in Jamaica? The sentiment that what was just or unjust in one place was just or unjust in every place; that a man's right to freedom did not depend on the country of his birth or the color of his skin, had naturally and logically been widely diffused and fostered by the abolition of the slave-trade. It was but a small step from admitting that there could be no justification for making a man a slave, to asserting that there was an equal violation of all justice in keeping one in slavery; and this conclusion was strengthened by tales, which were continually reaching those most interested in the subject, of oppression and cruelty practised by the masters, or oftener by their agents and overseers, on the unfortunate beings over whom they claimed power and right as absolute as any owner could pretend to over any description of property. They made so general an impression that, ten years before the time at which we have now arrived, a society had been formed in London whose object was the immediate extinction of slavery in every British settlement; and Canning, then Secretary of State, had entered warmly into the general object of the society; not, indeed, thinking the instant abolition practicable, but inducing Parliament to pass a body of resolutions in favor of at once improving the condition of the slaves, as the best and necessary preparation for their entire enfranchisement;[226] and the next year, 1824, the subject was recommended to the attention of the Houses in the King's speech, and an Order in Council was issued enjoining the adoption of a series of measures conceived in the spirit of those resolutions, among which one was evidently meant as a precursor of the slaves' entire emancipation, since it gave the "negro who had acquired sufficient property" a title "to purchase his own freedom and that of his wife and family." And it was, probably, from regarding it in this light that the planters (as the owners of estates in the West Indies were generally called) selected that provision as the object of their most vehement remonstrances. But, though they were not so open in their remonstrances against the other clauses of the order, they did worse, they disregarded them; and the stories of the ill-treatment of the slaves were neither less frequent nor less revolting than before.
Fresh Orders in Council, avowedly designed as the stepping-stones to eventual emancipation, were issued; and one which reached the West Indies at the end of 1831 was, unhappily, so misconstrued by the slaves in Jamaica, who regarded it as recognizing their right to instant liberation, that, when their masters refused to treat it as doing so, they broke out into a formidable insurrection, which was not quelled without great loss of life and destruction of property. The planters were panic-stricken; many of them, indeed, were almost ruined. The colonial Legislatures,[227] which had been established in the greater part of the islands, addressed the ministers with strong protests against the last Order in Council; and the mischief which had confessedly been already done, and the farther mischief which was not unreasonably dreaded, were so great that the cabinet consented to suspend it for a while; and the House of Commons made a practical confession that the planters were entitled to sympathy as well as the slaves, by voting nearly a million of money to compensate those of Jamaica for their recent losses.
But out-of-doors the feeling rather was that the insurrection had been caused, not by the unreasoning though natural impatience for freedom entertained by the negro-whom Canning had truly described
as "possessing the form and strength of a man, but the intellect of a child"-but by the slackness and supineness of the local Legislature, too much under the influence of the timid clamors of the planters to listen to the voice of justice and humanity, which demanded to the full as emphatically, if somewhat less vociferously, the immediate deliverance of the slave. The object, however, thus desired was not so free from difficulty as it seemed to those zealous but irresponsible advocates of universal freedom; for, in the first place the slaves were not the only persons to be considered; the planters also had an undoubted right to have their interests protected, since, however illegitimate property in human beings might be, it was certain that its existence in that portion of the King's dominions had been recognized by Parliament and courts of justice for many generations, and that suddenly to withdraw a sanction and abrogate a custom thus established, and, as it might fairly be believed, almost legalized by time, would be not only ruinous to the planters, who would have no other means of cultivating their lands, but, as being ruinous to them, would also manifestly be most unjust. Even in the interests of the slaves themselves, instant emancipation before they were fit for it might prove to them a very doubtful blessing. The state, too, and the general interests of the kingdom had to be considered, for the shipping employed in the West India trade, and the revenue derived by the Imperial Exchequer from it, were both of great amount. It was a very complicated question, and required very cautious handling; but it was plain that the people were greatly excited on the subject. One or two of the ministers themselves had deeply pledged themselves to their constituents to labor for the cessation of slavery; and eventually, though by no means blind to the difficulty of arriving at a thoroughly safe solution of the question, the ministry decided that "delay was more perilous than decision," and they brought in a bill, in which they endeavored to combine the three great objects-justice to the slave, by conferring on him that freedom to which he, in common with all mankind, had an inviolable right; justice to the slave-owner, by compensating him fairly for the loss of what (however originally vicious the practice may have been) he was entitled by long usage and more than one positive law to regard as property; and a farther justice to the slave, that justice which consists in being careful so to confer benefits as to do the greatest amount of good to the recipient. The first object was attained by enacting that those who had hitherto been slaves should be free; the third was arrived at by making the freedom thus given, not instantaneous, but by leading them to it, and preparing them for its proper and useful enjoyment, by a system of apprenticeship. The slave was to be apprenticed to his master for seven years, receiving, partly in money and partly in kind, a certain fair amount of wages, and having also one-fourth of his time absolutely at his own disposal. And the second was secured by granting the planters the magnificent sum of twenty millions of money, as compensation for the injury done to them; or, in other words, as purchase-money for the property they were compelled to surrender. The apprenticeship system did not wholly succeed. The slaves were not sufficiently enlightened to appreciate the character of the new arrangement; and, as the light in which it appeared to them was rather that of deferring than of securing their emancipation, it made them impatient rather than thankful. In the majority of cases it proved difficult to induce them to work even three-fourths of their time, and eventually the planters themselves were driven to the conclusion that it was best to abridge the period of apprenticeship. By the act of the colonial Legislatures themselves it was shortened by two years, and the emancipation was completed on the 1st of August, 1838.
The Constitutional History of England From 1760 to 1860 Page 37
