It is probable that this measure has occasioned more evil than any act passed during the whole period to which this portion of the history of England refers. Yet there can be no question that ministers conceived that they were legislating for the poor man’s comfort; experience, however, has proved that it was for the poor man’s bane. After stating the intention of ministers on this subject, the chancellor of the exchequer next gave his estimate of the revenue of the present year. The demands of the public service, including the charge of the national debt, were £47,812,000, and the available income was estimated at £50,470,000, leaving a probable balance of about £2,500,000 only for the sinking-fund. In the revenue of last year a deficiency of more than £500,000 below the estimate was acknowledged; but at the same time a clear surplus of £4,000,000 had been applied to the redemption of the national debt. To compensate for the loss of revenue from the repeal of the above duties, it was proposed to consolidate all the laws relative to the stamp-duties, for placing the management of the whole of that branch of the revenue under the stamp-office in England, and make similar articles everywhere subject to the same duties. It was also proposed to levy an additional duty on spirits; and also to effect a yearly saving of about £800,000 by the conversion of four per cent, stock into three and a half. These measures were subsequently carried into effect. The chancellor of the exchequer finally held out hopes of a reduction in the amount of expenditure, by the consolidation of various departments of the public service: this he said was likely hereafter to place at the disposal of the government a great surplus revenue which would enable ministers to make a further repeal of taxes. The principal reduction promised by government this year, that of the beer-duty, was not carried without great opposition. Brewers and publicans alike were arrayed against it, as it would break up their monopoly. The latter complained loudly of the deterioration to which the capital invested by them in the trade would be exposed, since every man who could pay two guineas might take out a licence. The landed interest, likewise, was against this measure: agriculturists wishing rather to see the duty on malt than beer repealed. They spoke much of its deficiencies in not providing any system of control, to secure the proper conduct of publicans, such as existed under the present licensing system. It would convert England they said, and with much truth, into one huge tippling-house, spreading throughout the country universal demoralization. An attempt was made on the second reading to throw out the bill, by a motion that it should be read a second time that day six months. This failed; but in the committee a stronger effort was made in favour of a clause proposed by Mr. Monck, to the effect of permitting the brewer to sell his beer on premises different from those on which it had been brewed. It was contended that this was only an enlargement of the former permission to sell beer on the premises on which it had been brewed; and that it would not injure the object sought by the bill in so far as protection against monopoly was concerned, while it would be beneficial to the interests of the existing dealers, whose interests ought not to be neglected. On the other hand, the clause was opposed as inconsistent with the principle of the bill. The effect of it would be, it was said, to prevent competition, and the public, instead of receiving an improved commodity, would remain as they were. When the committee divided, the proposed clause was rejected by a majority of only twenty-five. Opposition renewed their efforts against the bill on its third reading, when Mr. Batley moved a clause, to the effect of enforcing the statute of James I., against the odious crime of drunkenness. Mr. Brougham in opposing this motion said, that he was one of those who thought the general interests of morality were better consulted by permitting such clauses to slumber in the cells of the statute-book than by having them enforced. He asked, What was the real meaning of the statute of James I. It was that a penalty should be inflicted on any person who committed the odious and ungodly crime of drunkenness, from any liquor, except claret or champagne. If morality was to be enforced by act of parliament, let the law be impartial, and not punish the poor and illiterate for a crime in which the rich might indulge with impunity. He would like to see the justice of the peace, or magistrate, who would fine a knight of the shire, or independent member of an independent borough, who in the morning might possibly be brought before him in a state presenting a good imitation of the odious and ungodly crime of drunkenness, which called down the wrath of the moral legislators of the age of King James. Sir Robert Inglis having reminded Mr. Brougham that a higher authority than that of James I. had denounced drunkenness, and that if he himself were found in the street in a state of inebriety, no magistrate performing his duty would fail to punish him, Mr. Brougham replied, that he had not the good fortune to be educated at the university represented by the baronet. It was, indeed, well replied by Dr. Johnson to a lady who inquired of him to which university she should send her son: “Why madam, I can only say, that there is an equal quantity of port drunk at each.” He was perfectly aware that a higher authority than King James had denounced drunkenness, but the difference was, that that high authority made no distinction of persons, whereas the act of James did. Could the right honourable baronet point out one instance of a member of parliament having been punished for drunkenness? Sir Robert repeated, that if Mr. Brougham would go into the street drunk, he would soon meet with due punishment; he replied, that it would be grossly unfair, inasmuch as there were thousands of gentlemen in the same situation never noticed. This was an unanswerable argument, and the subject was dropped.
THE QUESTION OF REFORM.
It has been seen that the Marquis of Blandford moved resolutions pledging the house forthwith to employ themselves in the work of reform, as an amendment to the address. On the 18th of February he brought forward a more specific plan. The house of commons, he argued, had ceased to be framed as the essential principles and earlier practice of the constitution required; a circumstance which had arisen from represented places falling into decay, on the one hand, while, on the other, wealthy and populous towns, which had sprung up in the meantime, were unrepresented. His object was, he said, to restore the principles of representation as they had been established in the days of Henry III. and the three Edwards. For this purpose he proposed that a committee should be chosen by ballot, to take a review of all boroughs and cities in the kingdom, and report to the secretary of the home department those among them which had fallen into decay, or had in any manner forfeited their right to representation on the principles of the English constitution, as anciently recognized by national and parliamentary usage. The home-secretary was bound to act immediately on this report, and to relieve all such places from the burthen of sending members to parliament in future, while he filled up the vacancies by towns which had been hitherto unrepresented. Another part of his plan was to revive the custom of paying wages to members for their attendance in parliament; a provision which he thought would prevent abuses. He also proposed to extend the right of voting to all copyholders and leaseholders, and to place the representation of Scotland on the same footing with that of England. He concluded, by moving, to bring in a bill to restore the constitutional influence of the house of commons. This motion was supported by Sir Francis Burdett, and by Messrs. Pendarvis, Benett, and Hobhouse, with others of the school of reformers. Sir Francis Burdett said, that he could not comprehend all the details of the propositions; but he understood it to be a question of reform, and, therefore, he would support it. He admitted that the house was composed of men of as enlightened understandings, and as addicted to the English principles of freedom, as could be found collected in any nation of the world; but he asserted that they were returned to the house under an influence which rendered them incapable of exerting the faculties of their minds, and injurious to the country. He remarked:—“Look at myself, I have gone through the whole process under the present system of representation, and a most ruinous one it has been. Early in life, I came into this house in order to defend the constitution of England; I purchased my seat of a borough-monger. He was no patron of mine; he took my money, and by purchase I obtained a right to speak in the most public place in England, With my views, and with my love of the liberty of my country, I did not grudge the sacrifice I made for that commanding consideration. If I had abused the right I had thus purchased, and passed through corruption to the honours of the peerage, I should not enjoy the satisfaction I now feel.” He had also tried, he said, the county system. He stood for a county, though he would not have given twopence for the representation of that county, his object having been to expose the abominable system, and the oppressive tyranny of solitary confinement in England. He had also gone through the remedial operation as it was called, of the Grenville act, so that, as he had sounded all the shoals and shallows of the system, it was not wonderful he should be a great advocate for an alteration. The question was this: ought the house to be an assembly of retainers of the crown, or of representatives of the people of England. The bill was opposed by Messrs. Feel, Twiss, Maberly, and Stanley. Mr. Twiss said, that a scheme had never been produced so happily calculated to ridicule parliamentary reform, although it was of course far from the intention of the noble lord by whom it had been introduced. Mr. Peel also amused the house with remarks on the title of the bill, and said that he would never be a party to a wholesale depreciation of the elective franchise, or assent even to the first stage of the bill, which devolved on a ballotted committee the power of destroying all boroughs which they might think ought not to send members. Lord Althorp moved as an amendment, “That it is the opinion of this house, that a reform in the representation of the people is necessary,” should be substituted for the motion, for leave to bring in a bill; but both the amendment and the original motion were negatived without a division.
THE CASE OF EAST RETFORD.
During this session the proposal for transferring the franchise of East Retford to Birmingham was ultimately rejected, and the privilege extended to the adjoining hundred. During the debate Mr. Peel expressly disclaimed the imputation which had been thrown out, that this selection had been made with a view to increase the influence of the Duke of Newcastle, whom the Catholic relief bill had now thrown into the ranks of opposition. There were circumstances in the case of East Retford which should induce parliament to extend the franchise to the adjoining hundred. One element in the case which weighed with him, was the consideration that the county of Nottingham sent only eight members to parliament; and he saw no good reason why that number should be reduced. Lord Howick declared, that though he would vote for the transfer of the franchise to Birmingham, he thought it useless to inflict punishment in individual instances, when it was notorious that a large majority of members obtained their seats by venal means. The proper remedy would be to adopt a general measure; and he, therefore, moved the following resolutions:—“That bribery has been repeatedly and habitually employed to influence the election of members of parliament. That this fact has been often established, never denied, and was especially proved at the bar of this house in the first session of the present parliament, in the cases of Penryn and East Retford. That it is notorious that a similar practice is openly resorted to in many of the cities and boroughs of the United Kingdom. That the recent disfranchisement of Grampound does not appear to have in any degree diminished the prevalence of this evil. That this house, therefore, finding that the passing of specific bills directed against particular cases, has neither had the effect of removing the existence, or arresting the progress of corruption, is of opinion that its character may best be vindicated by abandoning these useless and expensive proceedings, in order to adopt some general and comprehensive measure, the only means of effectually checking so scandalous an abuse.” These resolutions were negatived by a large majority.
MR. O’CONNELL’S BILL FOR REFORM BY UNIVERSAL SUFFRAGE, ETC.
On the third reading of the East Retford bill, the first attempt was made in the British parliament to introduce principles new to the representation of the country: namely, that the votes of the electors should be given by ballot. This proposition came from that most reckless of all demagogues; that prototype of the Athenian Cleon, Mr. O’Connell, who argued that the ballot would protect the voter from all undue influence, whether of fear or corruption. On the other hand, it was argued that the mode of taking votes by ballot would preclude representatives confronting their constituents; but it was not till after nomination, and the demand of a poll, that the ballot would commence; so that this mode would not take away from constituents the power they now enjoyed of requiring explanations of past conduct, and pledges for the future. The motion, which was lost, had been favoured by certain occurrences at Newark, which were brought before the house of commons on the 1st of March, on a petition from some of the electors of that borough against the Duke of Newcastle. His grace was possessed of large property within the borough—some private, and some held under a crown lease—and had always been able to decide the election. Mr. Sadler had recently been returned on his interest in opposition to Sergeant Wylde; and the petition stated that “the return of Mr. Sadler was obtained by means of the prevailing belief, founded on the experience of former elections, that such of the duke’s tenants as should vote against his grace’s nominee would be expelled from their tenancies; that many of the tenants gave their votes to the opposing candidate; and that they had in consequence received notice to quit their holdings, whether the same was house or land, and whether it constituted part of the estate of the crown, or the private property of his grace.” The petition further stated, that his grace had neither denied that such notices had been given, nor had disclaimed them; but had rather justified them, by stating that he had a right “to do what he would with his own.” In moving that this petition should be referred to a select committee, Mr. Poulett Thomson informed the house, that not only the use thus made of crown property affected the constitutional character of the representation, but that its original investment was a ministerial job, which had caused a great pecuniary loss to the country. The Duke of Newcastle, he said, held about nine hundred and sixty acres of land surrounding the town, by a lease, granted in 1760, at a rent of only £36. This lease had been renewed in 1815, nine years after its expiration, at a rent of £2,060; but it was still too low, as the estimated value was £3,500. The pecuniary loss was therefore well worthy of attention: but this was a trifle compared to the political purposes to which the property had been applied. The noble lessee never gave a lease for more than one year, in order to keep the voters under his power; and the petition stated the manner in which this power had been employed. If the allegations were true, the house was bound to interfere; for though he did not mean to impugn the just and natural influence of the landlord over his tenant, he appealed to the house whether the power arrogated in the case before them did not rather resemble the tyranny of the slave-driver, than the proper influence of a British landlord. There was not even, in the present instance, the objection of interference with the rights of private property; this was a species of property against the future abuse of which the house might guard, though they could not interfere with the existing lease. They could address the crown, praying that the lease should not be renewed; and, with a view to have the allegations sifted, he moved that the petition be referred to a select committee. This motion was supported by Sir Francis Burdett and Mr. Hobhouse, who set no bounds to their indignation. The latter especially exerted his eloquence on the subject. He remarked:—“Suppose the king’s government should send to his grace the Duke of Newcastle, to let him know that when his lease expired he should no longer have the benefits of that lease; suppose such an intimation was given to his grace, and that it was alleged and understood that his ejectment from the possession of this property took place in consequence of his having given a vote against government upon some great and leading question. If that were done, would it not be denounced as an attack upon our dearest privileges, as an invasion of the most sacred birthright of Englishmen: the liberty to assert and maintain their opinions? Compare the conduct of the government in such a case, with the conduct of the noble peer in the present instance: there were these poor men, because they had to vote against his grace’s candidate, banished from their homes, driven from their happy firesides, and deprived of all the comforts of life. Could such conduct on the part of the noble duke bear comparison with the case of the government depriving the noble duke of these crown-lands on account of his giving a vote against them?” It was stated on the other hand, that many of the allegations in the petition were gross perversions of fact. The crown-lands, for instance, were not in the immediate neighbourhood of the town, but were scattered about among the adjacent villages to a considerable extent; and the crown at the renewal of the lease had only twelve houses and twenty-six cottages. There were others in the neighbourhood who held land to a much greater extent than that belonging to the crown. Mr. Sadler himself said that the petition was a mere election paper, made up of wanton exaggerations, and unfounded misstatements, for electioneering purposes. He also vindicated his patron’s character for humanity and consideration, as regarded the inhabitants of Newark. He denied that he was exposed to the operation of any sinister influence, and could conscientiously say, that the noble duke had left him on all questions to pursue his own line of conduct. Mr. Peel defended the principle of the whole transaction, as well as the mode by which the land in question had been acquired. He could see no valid distinction between this property and that which descended to a man as a freehold from his ancestors. He remarked:—“The lease which his grace possessed of this crown-land gave him a right to deal with it as any other possessions during that period; and in dealing with the property of the crown as with his own, it was obvious that he committed no breach of privilege. Now the petitioners entirely confined themselves to the crown possessions held by the noble duke, praying that a lease of them might in future be refused to him. They did not even refer to his other property, with regard to which he had dealt precisely in the same manner. It was plain therefore that if, in the management of his own private possessions, he had committed no breach of privilege, he had committed none by dealings in a similar manner with the property of the crown. He would not say that the Duke of Newcastle did not dispossess these tenants; but, without entering into the question, he would say that superior to the privileges of that house were other considerations, to which they were bound in duty and conscience to defer, namely, the rights of property. Here was no allegation that menaces had been employed; there was only the fact that seven tenants had been dispossessed. Now, if they were to control the rights of property, under the idea that those rights had been exercised in controlling an election, a precedent would be set which would be not merely inconvenient, but positively dangerous; for nothing could be more dangerous than to say, they would not suffer any tenant to be dispossessed who had voted in opposition to his landlord’s wishes. It was in vain that honourable gentlemen exclaimed against the influence which any peer derived from the possession of property: there was no difference between that, and the influence which any other great landed proprietor enjoyed; nor could any species of reform exclude such influence. Property, he contended, should always have an influence in that house, no matter whether it was in the hands of peers or commoners.” The motion for referring the petition to a select committee was negatived by a majority of one hundred and ninety-four against sixty-one.