The Constitutional History of England from 1760 to 1860

by Charles Duke Yonge

CHAPTER IX.

Demand for Parliamentary Reform.—Death of George IV., and Accession of William IV.—French Revolution of 1830.—Growing Feeling in Favor of Reform.—Duke of Wellington's Declaration against Reform.—His Resignation: Lord Grey becomes Prime-minister.—Introduction of the Reform Bill.—Its Details.—Riots at Bristol and Nottingham.—Proposed Creation of Peers.—The King's Message to the Peers.—Character and Consequences of the Reform Bill.—Appointment of a Regency.—Re-arrangement of the Civil List.

One of Pitt's great measures of domestic, apart from financial or commercial, policy having become law, it seemed in some degree natural to look for the accomplishment of the other, a reform of the House of Commons, which, indeed, after the conclusion of the war, had been made at times the subject of earnest petition, being one in which a far greater number of people had a lively interest than that excited by Catholic Emancipation. The Englishmen who had advocated that measure had been striving for the adoption of a principle rather than for a concession from which they could expect any personal benefit, since very few in any English or Scotch constituency were Roman Catholics, or desired to return a Roman Catholic representative. But thousands in every county, including the whole body of citizens of some of the largest and most flourishing towns, felt a personal concern in the attainment of Parliamentary Reform, as the measure which would give them, and which could alone give them, that voice in the affairs of the kingdom to which they felt themselves entitled, but which they had never yet enjoyed.

And before the end of the next session the prospect of the early success of their aspirations was greatly increased by the death of the King. George IV., who in his early manhood had attached himself to the Whigs with an ardor and ostentation altogether unbecoming his position as heir to the throne, had formally separated himself from them after the death of Fox in 1806, and had gradually come to regard their adversaries with a favor as exclusive as he had formerly shown to themselves. But the Duke of Clarence, who now succeeded to the throne, had always shown a leaning toward the Whigs, who of late had been commonly regarded as the reforming party. While the war lasted, and during the few remaining years of the reign of George III., no active steps toward Reform were taken in Parliament; but under George IV. more than one borough convicted of gross and habitual corruption, as has been mentioned, was disfranchised. Grampound was so punished in the time of Lord Liverpool, and its members were transferred to Yorkshire, so as to give that largest of the counties four representatives; and it may be remarked that this arrangement caused the Prime-minister to suggest an improvement in the details of an election—which was afterward universally adopted—when, in reply to a remark on the great inconvenience that was found to exist in taking the poll at once in so large a county as Yorkshire, he hinted at the possibility of obviating that difficulty by allowing polls to be taken in different parts of the county. And, since the Duke had been in office, two more boroughs, Penrhyn and East Retford, had also been disfranchised; though the Reformers failed in their endeavor to get the seats thus vacated transferred to Manchester and Birmingham. With the accession of the new sovereign, however, they became more active. They found encouragement in other circumstances also. Many of those who were commonly called the Ultra Tories had been so alienated from the Duke's government by the Emancipation Act, that they were known to be ready to coalesce with almost any party for the sake of overturning his administration. Moreover, as forty years before, the French Revolution of 1789 had caused great political excitement in England, so now the new French revolution of July acted as a strong stimulus on the movement party in this as well as in other countries; and altogether there was a very general feeling that the time for important changes had come. The Duke of Wellington was not blind to the prevalence of the idea; and, being by no means willing to admit that his own policy of the preceding year had in the least contributed to strengthen it, he conceived it to be his duty to discountenance it by every means in his power; but the steps which he took with that object only invigorated and inflamed it. As Prime-minister, he inserted in the speech with which the new sovereign opened his first Parliament in the autumn after his accession a general panegyric on that "happy form of government under which, through the favor of Divine Providence, this country had enjoyed for a long succession of years a greater share of internal peace, of commercial prosperity, of true liberty, of all that constitutes social happiness, than had fallen to the lot of any other country of the world." And in his own character, a few nights afterward, he added a practical commentary on those sentences of the royal speech, when, in allusion to Lord Grey's expression of a hope that the ministers would prepare "to redress the grievances of the people by a reform of the Parliament," he repudiated the suggestion altogether, avowing that the government were contemplating no such measure, and adding that "he would go farther, and say that he had never read or heard of any measure up to that moment which in any degree satisfied his mind that the state of the representation could be improved or rendered more satisfactory to the country at large than at that moment. He was fully convinced that the country possessed at that moment a Legislature which answered all good purposes of legislation to a greater degree than any Legislature had ever answered them in any country whatever.... And he would at once declare that, as far as he was concerned, as long as he held any station in the government of the country, he should always feel it his duty to resist any measure of Reform when proposed by others."

Such uncompromising language was, not unnaturally, regarded by the Opposition in both Houses as a direct defiance, and the challenge was promptly taken up both in and out of Parliament. It happened that at this moment the ministry was extremely unpopular in the City; not, indeed, on account of his hostility to Reform, but in consequence of the recent introduction by the Home-secretary of a police force in London, on the model of one which the Duke himself, when Irish Secretary, had established in Dublin. The old watchmen had been so notoriously inefficient that it might have been expected that the change would have been hailed with universal approval and gratitude, but it met with a very different reception. Many of the newspapers which had not yet forgiven the passing of Catholic Emancipation made it a ground for the strongest imputations on the Duke himself, some of them even going the length of affirming that he aimed at the throne, and that the organization of this new force was the means on which he reckoned for the attainment of his object. No story is too gross for the credulity of the populace. To hear of such a plot was to believe it; to believe it was to resolve to defeat it; and at the beginning of November the government received several warnings that a plan was in agitation to raise a formidable riot on Lord Mayor's Day, when the King and the Duke himself were expected to dine with the Lord Mayor. The Lord Mayor even wrote to the Duke to suggest the prudence of his coming "strongly and sufficiently guarded," and the result of this advice was certainly strange. The Duke cared little enough about personal danger to himself, but he regarded himself as specially bound by his office to watch over the public tranquillity, and to do nothing that might be expected to endanger it. He was at least equally solicitous that a new reign should not open with a tumult which could in any way be regarded as an insult to the King; and, under the influence of these feelings, he took the responsibility of giving the King the unprecedented advice of abandoning his intention of being present at the Guildhall banquet. Such a step had an inevitable tendency to weaken the ministry still farther by the comments which it provoked. Even his own brother, Lord Wellesley, did not spare his sarcasms, pronouncing it "the boldest act of cowardice he had ever heard of;" while the Reformers ascribed the unpopularity which it confessed to the Duke's declaration against any kind or degree of Reform; and, to test the correctness of this opinion, Mr. Brougham, who, in the House of Commons, was the most eloquent champion of Reform, gave notice of a motion on the subject for the 16th of November. Before that day came, however, the ministry had ceased to exist. On the preceding evening it had been defeated on a proposal to refer to a select committee the consideration of the Civil List, a new settlement of which was indispensable at the beginning of a new reign, and on the morning of the 16th the Duke resigned, not only advising the King to intrust the formation of the new cabinet to Lord Grey—who was universally recognized as the head of the Whig party—but recommending his Majesty also to be prepared to consent to a measure of moderate Reform, which, though he could not bring himself to co-operate in it, he was satisfied that the temper of the House of Commons, if not of the people out-of-doors also, rendered unavoidable.[[216]] The advice was taken. Lord Grey had no difficulty in forming a ministry in which the Whigs were aided by the junction of several of the more moderate Tories, who had regarded Canning as their leader; and from the very beginning Parliamentary Reform was proclaimed to be the one great object of his government. It would be more correct to call it a Reform of the House of Commons, since there was no idea of interfering with the House of Lords, even in those parts of it which were of a representative character, the Scotch and Irish peers. But, by whatever title the ministerial policy was designated, no one misunderstood what was intended; and as Parliament was, after a few days, adjourned over the Christmas holidays, the recess was spent by a sub-committee of the cabinet in framing a measure.

The great extension of our trade, which was the fruit partly of his wise commercial policy, and partly of the long war; the rapid and prodigious growth of our manufactures, developed by the inventive ingenuity of our mechanics and engineers, had given a consideration and influence to the commercial, manufacturing, and moneyed classes which could not be disregarded. The land-owners, who had previously almost monopolized the representation, no longer constituted the wealthiest class of the community. Pitt himself had raised a banker to the peerage. More recently, men closely connected with the commercial classes had become cabinet ministers, one of whom had even subsequently sacrificed office to his feeling of the propriety of enfranchising a single town, Birmingham. But there were other towns at least equal in importance to Birmingham which were unrepresented, and it was clearly impossible to maintain a system which gave representatives to boroughs like Gatton, Old Sarum, or Corfe Castle—where the electors scarcely outnumbered the members whom they elected—and withheld them from large and opulent manufacturing centres like Manchester, Leeds, and Sheffield. The enfranchisement, therefore, of these towns, and of others whose population and consequent importance, though inferior to theirs, was still vastly superior to those of many which had hitherto returned representatives, was so manifestly reasonable and consistent with the principles of our parliamentary constitution, that it was impossible to object to it. And their enfranchisement unavoidably led to the disfranchisement of the smaller boroughs, unless the House of Commons were to be enlarged to a number which was not likely to tend to the facilitation of business. Indeed, in the opinion of the framers of the bill, the House was already too large, and they proposed to reduce its number by upward of sixty—a step to which it is probable that many of those whose opposition contributed to defeat it subsequently repented of their resistance. Nevertheless, the line adopted by the Duke of Wellington's ministry showed that there was still a large party to whom reform on a large scale was altogether distasteful; and accordingly the bill which, under the influence of these considerations, Lord Grey's administration brought forward in the spring of 1831, gave rise to the fiercest struggles in both Houses of Parliament that had been witnessed for many generations. One Parliament was dissolved; two sessions of that which followed were opened in a single year; once the ministry itself was dissolved, though speedily reconstructed; and three bills were framed, each in some degree differing from its predecessor in some of its details, though all preserved the same leading principles of disfranchising wholly or partially the smaller boroughs; of enfranchising several large and growing towns; of increasing the number of county representatives; and of enfranchising also some classes which previously had had no right of voting. It would be a waste of time to specify the variations in the three bills. It is sufficient to confine our attention to that which eventually became law. Fifty-six boroughs were wholly disfranchised; those in which the population fell short of a certain number (2000), and where the amount of assessed taxes paid by the inhabitants was correspondingly small. Thirty more were deprived of one of their members, being those in which the population was between 2000 and 4000. And the seats thus vacated were divided between the towns which since the Revolution had gradually grown into importance, the suburbs of the metropolis, and the counties, the majority of which were now divided into two halves, each half returning two members, as many as had previously represented the whole. The boundaries of the boroughs, too, were in most cases extended.

More important, perhaps, in its influence on subsequent legislation was the alteration made in the qualifications which constituted an elector. Hitherto the franchise, the right of voting at elections, had been based on property. The principle had not, indeed, been uniformly adhered to in the boroughs, where, as Lord John Russell, in the speech with which he introduced the bill, pointed out, a curious variety of courses had been adopted. "In some," as he described the existing practice, "the franchise was exercised by 'a select corporation;' that is to say, it was in the possession of a small number of persons, to the exclusion of the great body of the inhabitants who had property and interest in the place represented. In ancient times, he believed, every freeman, being an inhabitant householder resident in the borough, was competent to vote. As, however, this arrangement excluded villeins and strangers, the franchise always belonged to a particular body in every town—a body undoubtedly possessed of property, for they bore the charges of their members, and on them were assessed the subsidies and taxes voted by Parliament. But when villeinage ceased, various and opposite courses seemed to have been pursued in different boroughs. In some, adopting the liberal principle that all freemen were to be admitted, householders of all kinds, down to the lowest degree, and even sometimes beyond, were admitted. In others, adopting the exclusive principle that villeins and strangers were no part of the burgesses, new corporations were erected, and the elective franchise was more or less confined to a select body." But all these diversities and varieties were now swept away, and a uniform franchise was established, all tenants whose rent amounted to £10 receiving the franchise in boroughs, while by a kindred amendment, which was forced on the ministers at a very early stage of the measure, tenants at will whose tent amounted to £50 became entitled to vote in the counties.

The arrangements for taking the poll were also greatly changed. Instead of the fifteen days which had of late been allowed for a county election, two were now thought sufficient.[[217]] In boroughs the time was abridged in a similar proportion, and the arrangement was facilitated by a division of counties into several convenient polling districts, so that no elector should require to travel more than a few miles to record his vote.

This last change was universally accepted as a great practical improvement, from its tendency to lessen the expense of election contests, which had risen to an enormous and ruinous height. But every other part of the scheme was viewed with the greatest repugnance, not to say dread, by the Opposition; and every one of the bills was fought step by step in the House of Commons. The first bill was only carried by a majority of one; the second was absolutely rejected by the House of Lords; and on the third the ministers, after carrying it triumphantly through the Lower House, were defeated in the Upper House on a point of detail, which, though of no great importance in itself, they regarded as an indication that the peers, though they had consented to read it a second time, would insist on remodelling it to a great degree, and, if they were not allowed to do so, would again reject it altogether.

Meanwhile, the people were wrought up to a pitch of frenzy absolutely unprecedented. Never had agitators, among whom some of the ministers themselves were not ashamed to appear, been so unscrupulous in their endeavors to excite discontent. One cabinet minister wrote inflammatory articles in the newspapers; another publicly called the legitimate opposition of the peers "the whisper of a faction." And their exertions soon bore fearful fruit. In London some of the peers who had been most prominent in their objections to the bill were hooted and pelted, and one, Lord Londonderry, was nearly murdered. The King and Queen were insulted by mobs in the Park, some of the rioters even openly threatening the Queen with death, because she was believed to be favorable to the anti-Reformers. In some of the most important provincial towns the discontent broke out into actual insurrection. At Bristol a tumultuous mob, whose numbers were swelled by crowds of the worst ruffians of the metropolis, sought to murder the Recorder, Sir Charles Wetherall, when he came down to that city to hold the quarter-sessions; and, when defeated in their attack on him, stormed the Mansion House, and set it, with the Bishop's Palace and other public buildings, and scores of private houses, on fire, several of the rioters themselves, who had got drunk, perishing in the flames. A similar mob rose in arms at Derby, but did less mischief, as there the magistrates knew their duty better. But Nottingham almost equalled Bristol in its horrors. Because the Duke of Newcastle was a resolute anti-Reformer, a ferocious gang attacked and set on fire the fine old Castle; and, not content with committing fearful ravages in the town, roamed over the adjacent district, attacked the houses of many of the leading country gentlemen, plundering and burning the dwellings, and in more than one instance murdering some of the inhabitants.