DEBATES ON THE REFORM BILL IN THE LORDS.
When the reform bill had been thus carried through the commons a second time, the reformers began again to be apprehensive of its fate in the upper house, and to bring again into operation their various engines of clamour and intimidation. It was industriously reported abroad that ministers had been armed with a carte blanche for the creation of peers, in order to carry the measure; but though they did not deny it, it does not appear that any such power had been delegated to them. At all events the bill was laid before the house of lords without a single peer having been created, and it was read a first time on the 26th of March. The most important part of its reception consisted in the speeches of Lords Harrowby and Wharncliffe, who had led the opposition of last session, but who now declared their intention to vote for the second reading. The Bishop of London was also so impressed with the dangers hanging over the country, that he resolved to follow this example. On the other hand, the Duke of Wellington, the Earl of Carnarvon, and the Marquis of Londonderry, expressed their undiminished aversion to the measure. The second reading was moved on the 9th of April, and the debate was continued up to the 13th. Before the discussion commenced, the Duke of Buckingham gave notice that if there should be, as he trusted there would be, a majority against the second reading of this bill, he would bring in, after the Easter recess, a bill for the purpose of giving representatives to such of the large towns therein to be named, whose importance entitled them to representation; and also for the purpose of joining and consolidating the representation of certain boroughs which now elected members, so as to make room for the new representatives without adding to the members of the house of commons, and to extend the franchise in such a way as to prevent its abuse in boroughs. In proof of his sincerity, his grace moved the insertion of this notice on the journals of the house.
In moving the second reading of the reform bill, Earl Grey said, that he considered himself almost relieved from entering into discussion of its principles, because there were few of their lordships who did not now recognise those principles, and admit that some degree of change was necessary. After briefly mentioning the nature of the bill, its interesting object, the large majority that had sent it from the commons to the lords, and the support it had received from the people, he proceeded to notice the Duke of Buckingham’s intended motion for reform. His very notice, he said, admitted all the three principles of disfranchisement, enfranchisement, and an extension of the right of voting. He felt, therefore, justified in calling on the house to sanction the second reading of a measure founded upon a basis which was acknowledged to be just, even by those who opposed the measure itself; inasmuch as they would have an opportunity of proposing in the committee such alterations in its details as might appear necessary and expedient. The noble earl next proceeded to notice the alterations introduced into the bill, and to defend the ten-pound qualification from objections that had been raised against it. He concluded with an appeal to their lordships on the unjust attacks made on him for having proposed a measure which, in his opinion, was required by that duty which he owed to his sovereign and his country. He especially called their lordships’ attention to the awful silence on the part of the people now prevailing, and taking place of that outcry which first marked the progress of the bill. Silence, he said, might perhaps lead some to imagine that they were not viewing this measure with the same feelings of interest; but he cautioned their lordships against forming such an opinion. “Though the people are silent,” he added, “they are looking at our proceedings this night no less intensely than they have looked even ever since the question was first agitated. I know that it is pretended by many that the nation has no confidence in the peers, because there is an opinion out of doors that the interests of the aristocracy are separated from those of the people. On the part of this house, however, I disclaim all such separation of interests; and therefore I am willing to believe that the silence of which I have spoken is the fruit of a latent hope still existing in their bosoms.” Lord Ellenborough opposed the motion for the second reading, and moved as an amendment that the bill should be read a second time that day six months. His lordship admitted that the bill had passed the commons by a large majority, and that the majority was seconded by a large body of the people: but when he recollected how often material alterations had been made in the bill; that the qualification clause had been remodelled eleven times; that a town had been enfranchised at the very last moment; that among forty-six boroughs of the original bill there had been forty-seven changes; and that no such sweeping alteration had ever been made in the established constitution of a great country, he could not see any reason for adopting this last emanation of an ever-changing mind. There could be no doubt that there were many respectable persons whose opinions ought to be held in proper regard, who were anxious that some change should take place in our system of parliamentary representation. He contended, however, that if this bill passed it was clear, from the constituency which would be created by it, that parliament must be prepared to go further. It would be impossible, he said, to resist the demands of the most numerous and most necessitous class in the state: concession must proceed until universal suffrage was established. Lord Melbourne spoke briefly in favour of the bill, and the Bishop of Durham opposed it. At the same time, the latter said, he by no means considered that the rejection of the present measure implied a rejection of reform in toto; it was the duty of ministers to have proposed a measure calculated to satisfy both the party that was anxious for reform, and the party which felt alarmed at the consequences of great changes, while they had introduced a proposition which would gratify neither party. Earl Bathurst took the same view of the question: he had no objections to a bill for reform, but the present measure would make parliament worse than it had ever been. His lordship particularly called on the house to recollect the declaration which the lord-chancellor had made regarding the ten-pound qualification: that it was emphatically a subject for deliberation in committee, and for such alterations as their lordships should think fitting. Now, however, it was not to be touched, though it was a qualification opposed to the recorded opinions of its present patrons, as well as of the people. The Earl of Haddington had changed his opinion on the subject of reform. On the former occasion, he said, till within a few days before the debate, his mind had been made up that the bill should be read a second time, because he conceived it expedient that the question should be arranged by the house as soon as possible. He had abandoned these sentiments from a conviction that, in the existing state of feeling in the country, anything like an amendment in the bill would not be practicable. Lord Gage also declared that he had changed his opinion. He thought it impossible to prevent the people from having a reform, and by refusing to go into committee, their lordships might deprive themselves of the opportunity of introducing such amendments as they wished into the bill. On the other hand, the Earl of Wicklow conceived that the reasons which had led to the rejection of the bill of the last session were equally as potent for rejecting the present; and he therefore continued his hostility to it. The Earl of Shrewsbury, a Catholic peer, distinguished himself while he supported the bill by a violent attack against the Protestant bishops. The Earl of Mansfield objected to the present bill, as he did to the former. The Earl of Harrowby had already announced that he would vote for the second reading; but he had yet to state his reasons for this change of sentiment, he having been one of the most distinguished opponents of the bill of last session. In doing so, he denied that the sentiments he had delivered against the former bill were those of a man determined to resist, under all circumstances whatever, the considerations of parliamentary reform. On the contrary, the opinion which more than another he was anxious to express was, that they should not treat the present bill as they had treated the last; that though they had then acted right in rejecting the bill, they would not be warranted to do so again; and that they could not hope again successfully to resist a measure which the house of commons had sanctioned a second time by a large majority, and in favour of which the people of England had expressed a decided opinion. It was for this reason that he had prepared a resolution by which the house would pledge itself, in the then next session, to take into serious consideration some plan for extending the franchise to his majesty’s subjects, and for correcting the abuses which had crept into the representative branch of the constitution. He was on the point of moving this resolution, when he was persuaded by some noble friends that to do so then would do more harm than good; that it would be better to wait till the excitement of the public mind had been somewhat allayed before a more moderate measure of reform than that brought forward by ministers should be submitted to parliament. He yielded to the suggestion, hoping that the interval between the two sessions would afford the public and their lordships time to consider maturely the merits of the question, and that both would see that, if the ministers’ plan were adopted, it would prove injurious to all existing interests. In this he had been disappointed; there had been time enough to allow a reaction to have manifested itself; but it could not be denied that, notwithstanding the potent objections which had been urged against the bill, no such reaction had occurred. On these grounds, with others, his lordship said he would vote for the second reading. He was followed by the Duke of Wellington, who said that he could not shift into the course which the Earl of Harrowby, and those who thought with him had adopted. Why he could not, he explained at great length; and he afterwards descanted at large upon the objections which he had to the bill itself. It was bad, he said, because it went to overturn the whole established system of representation; it destroyed for the mere pleasure of reconstructing: it totally revolutionised the representation of Scotland, and put an end to all the arrangements which, three years ago, had been entered into for the final settlement of the catholic question. It put an end, also, to that most valuable principle of our existing constitution—the principle of prescription—which sanctioned the descent, and secured the possession of all kinds of property in this country. It went to destroy a number of boroughs—some holding by prescription, and some by charter—and for no reason whatever, except that such was the will of the minister of the day. Lord Wharncliffe, who had moved the amendment which threw out the former bill, had now come to the conclusion that the danger of rejecting the bill was greater than that of taking it into consideration; and that, by going into committee they might get rid of those parts of it against which a strong objection was felt; and, at all events, would be enabled more thoroughly to weigh its provisions. The effect of rejecting the bill, in his opinion, would be to place all those who voted against the second reading in a perilous situation with the country. The Duke of Buckingham opposed the bill. His grace introduced no new argument, but urged the house at all costs to resist reform in every shape. He severely animadverted upon the speech of the Earl of Shrewsbury, for attacking the constitution and the ministers of the protestant religion. The Bishops of Lincoln and Llandaff, who had opposed the last bill, now announced their intention of voting for the second reading; at the same time they did not pledge themselves to adopt the measure as a whole. On the other hand, the Bishop of Exeter announced his intention of giving the bill his decided opposition. His speech gave occasion to an angry episode, founded on a somewhat common occurrence. It was generally believed that the Times newspaper, which had recently distinguished itself by great abuse in favour of the bill, was not altogether excluded from the confidential communications of ministers. The Bishop of Exeter, in descanting on the tone and the temper of the press, spoke of some articles in this journal as “breathing the inspiration of the treasury.” On the following evening Lord Durham, son-in-law of the premier, assuming that he was the party pointed at, attacked what he called “the bishop’s gross and virulent invective—his malignant, calumnious, and false insinuations—his well-known powers of pamphleteering slang.” Here the noble lord was called to order, and the Earl of Winchelsea moved that the words “false insinuations” and “pamphleteering slang” should be taken down. After some observations from Earl Grey, Lord Holland, and the Duke of Buckingham, Lord Durham went on to state that he had not the slightest objection to the words being taken down, and denied the imputations cast upon him. The Marquis of Lansdowne argued in favour of the measure; in doing which he denied that he, or the rest of his majesty’s ministers, were introducing new doctrines. They wished, he said, to go back to the elements of the constitution; and he argued that there was nothing contrary to the principles of that constitution, in extending the right of voting to those places which had become the depositories of that knowledge, and the possessors of that influence on society, to which the wisdom and policy of this government had always endeavoured to attach itself; or in disfranchising small and unimportant places, and enfranchising others of importance. As to the apprehensions, he continued, that the new constituency were likely to be governed in their choice of representatives by factious or revolutionary motives, and, above all, by anything like a desire to disturb the tranquillity of the country, they were groundless. In moments of great excitement it might be so; but the class of persons on whom the franchise was now to be conferred would generally feel themselves flattered on being consulted by their superiors, and would in the end rely on their judgment. His belief was that their choice would be governed by a desire to elect such persons as would advocate measures contributing to the public tranquillity; for, having acquired their property by their own industry, they had as deep a stake in the country’ as any noble baron who derived a splendid fortune from his progenitors. Small fortunes were as valuable to them as the ample incomes of any of their lordships. Their lordships might convey away their land, and go to another country to avoid the evils of a revolution; but to the professional man, who depended upon the peaceful exertions of his talents; to the mechanic, who depended upon his weekly wages; to the annuitant and small proprietor, who depended upon their half-yearly and quarterly incomes—revolution, or even agitation, would bring greater ruin than could come upon their lordships, even by the confiscation of their estates. Lord Wynford, in opposing the bill, said that those who were voting for the second reading, in the hope of introducing amendments in committee, were acting a very foolish and dangerous part. They might beat government on different clauses; but all that was done in the committee might be undone on bringing up the report. Lord Eldon, on the same side, said that no man was or could be an enemy to reform; but, he thought, the first duty of every peer was to consider whether what was proposed was or was not reform; whether it was a measure which the people ought to expect, and which would confer any additional happiness on those for whom it was intended. He had opposed reform for forty years, because he had seen no plan which, in his opinion, would improve the condition of the people: and this last was so vicious in its principles and details, that it would be impossible to carry it into effect with any safety to the institutions of the country. Lord Tenterden likewise declared his continued hostility to the bill; and he went so far as to say that he would never enter the doors of the house again if the bill should be carried, “after it had become the phantom of its departed greatness.” The Bishops of Rochester and Gloucester likewise expressed their determination to vote against the bill; and the latter took occasion to animadvert, with pointed but just severity, on the attack which had been made by the Catholic Earl of Shrewsbury on the ecclesiastical bench. The Earl of Carnarvon opposed the motion, and Viscount Goderich spoke in favour of it. They were followed by the lord-chancellor, who referred to the petitions which had been addressed to the house, the resolutions adopted at public meetings of merchants and bankers, and the composition of the majorities and minorities in the house of commons, to show that the opinion of property, as well as of members, was in favour of the measure, and that the feeling of the people had in no degree subsided. Lord Lyndhurst said that he had not heard or seen anything to convince him that he had acted erroneously in voting against the principles of the former bill; and as the present bill was admitted to be the same, he should vote against the second reading. Earl Grey, in his reply, repeated the answers which had already been put forward to the views taken of the bill by its opponents, and denied the charge of having excited the country. On the subject of the threatened creation of peers, which had been so frequently alluded to, his lordship said that the best writers on the constitution admitted that, although the creation of a large number of peers for a particular object was a measure which should rarely be resorted to, yet in some cases, such as to avoid a collision between the two houses, it might be absolutely necessary. For many reasons he was averse to such a scheme; but he believed it would be found that in a case of necessity, like that which he had stated, a creation of peers would be justifiable, and in accordance with the most acknowledged principles of our constitution. On a division, the second reading was carried in favour of ministers by a majority of nine, the numbers being one hundred and eighty-four against one hundred and seventy-five.
After the reform bill had been read a second time, the lords broke up for the Easter recess. Previous to their breaking up, however, the Duke of Wellington thought proper to enter a protest against the second reading on the journals. This protest embodied all the objections urged against the bill; and it was signed by seventy-four other peers, including the Dukes of Cumberland and Gloucester. The committee was appointed the first day after the Easter recess.