Evidence was now heard at the bar, which occupied the house from the 5th to the 8th of August. Witnesses were examined in relation to about thirty boroughs; and the evidence went to show that the commissioners had acted like attorneys employed to get up a case, and with but little prudence, since they chiefly derived their information from partizans of their own opinions. The evidence having been finished, the house went into committee on the bill on the 12th of August, when the Duke of Newcastle proposed the rejection of the bill, by moving that the committee should be taken that day’six months. He did not, however, press his motion to a division, the conservative peers having resolved to pass the bill, in so far as they thought it might do good, after stripping it of those provisions which seemed to be most operative for evil. Lord Lyndhurst proposed the first alteration; He moved a clause preserving to all freemen, to every person who might be a freeman but for this measure, and to their widows and children, or the husband of their daughters or widows, the same rights in the property of the boroughs as would have belonged to them by its laws and customs if this act had not been passed. He did not refer, he said, to general corporate property, but to individual and specific rights of property enjoyed by freemen in many boroughs—rights of commons and others. Lord Melbourne opposed the motion. He would not be disinclined, he said, to consider a proposal for extending the period during which these rights should be preserved further than it was now fixed by the bill; but he could not consent to preserve in perpetuity rights which he believed to be prejudicial both to the freemen themselves and to the whole community. The Earls of Haddington and Ripon supported the amendment, while Lords Plunkett and Brougham, and the Marquis of Lansdowne opposed it, contending that the rights to which the bill put an end were not rights of property. On a division the amendment was carried by one hundred and thirty against thirty-seven; and, thus victorious, Lord Lyndhurst immediately moved another, to preserve the freemen their parliamentary franchise as secured by the reform bill. Lord Melbourne was hostile to this amendment; but as there was no hope of success, he did not call for a division, and it was adopted. Another amendment, moved by Lord Lyndhurst, which required a certain qualification in the town councillors, after stern opposition from the ministers, was carried by a majority of one hundred and twenty to thirty-nine. The next alteration proposed by the opposition peers was an amendment which provided that a fixed proportion of the town-council should hold office for life. This was described by the supporters of the bill as being more glaringly inconsistent with the principle of the bill than any of those which had been adopted. To agree to it, they said, was to lose the bill; but it was carried by one hundred and twenty-six against thirty-nine. Further amendments proposed by the conservative peers were agreed to without much discussion, and without any division. The provisions which declared that persons who were at present justices of the peace under borough charters should cease to be so in future, were struck out, as were the clauses which took from the county magistrates, and gave to the new town-councils the power of granting licenses. The ecclesiastical patronage of the town-council was further limited to the members of the church of England; and it was decided that town-clerks should hold their offices during good behaviour. All towns containing six thousand inhabitants instead of twelve thousand were to be divided into wards; and the number of councillors allotted to each was to be fixed by a compound ratio of members and property. Finally, instead of the power of dividing boroughs into wards, and fixing the number of councillors which each ward should return, being left to the king in council, who could only act through commissioners, it was given to the revising barristers; and instead of the determination of the boundaries of the burgal territory being left to the government of the new councils, the peers retained it in the hands of parliament. The bill, as amended, was passed by the house of lords on the 28th of August, and the amendments were brought before the commons on the 31st. Lord John Russell in bringing them before the house, said that the lords, by their mode of proceeding, had caused their own amendments to be viewed in a more unfavourable light than would have belonged to them, if they had merely been the result of calm deliberation. The question, however, for the house was, whether the bill even as altered, might not be moulded into an efficient instrument of good municipal government. He would not recommend the adoption of the amendments by which town-clerks were made irremovable, and by which borough magistrates who were now justices by virtue of their offices, should continue to be so. Neither was he favourable to the provision inserted by the lords, that a certain number of councillors, under the name of aldermen, should be elected for life; he would rather propose that the same number of members of the town-council as the lords proposed should be elected for life, should be chosen for a period of six years, and that one half should always be made at ‘the expiration of three years. Another amendment, from which he did not intend to dissent altogether, regarded the divisions of towns into wards; he proposed that instead of six thousand inhabitants there should be nine thousand in any borough so divided. As regards the lords’ amendment, which gave the crown the power of nominating justices, he proposed that the house should not agree with the alteration. In most of the other amendments he concurred; but he would not ask the house to accede to the provision which limited the exercise of ecclesiastical patronage to such members of the town-councils as might belong to the church of England, or to that clause which perpetuated the exemption from toll enjoyed by freemen in certain boroughs. The radical section of the commons blamed ministers for conceding too much, and indulged in violent language against the house of lords. Mr. Roebuck asked why the real representatives of the people should bear the insults of the lords, when they had the power to crush them? He was an advocate for democracy, and the sooner they brought the matter to an issue the better. It was necessary to stir up the people upon this subject to something like a revolution. On the part of the conservative members of the house there was, also, a difference of opinion; some thought that the amendments of the lords should be preserved in all their integrity, while others were of opinion that the modifications proposed by ministers should be adopted.
Sir Robert Peel, after entering at length into the merits of the amendments adopted by the lords, in which he generally concurred, proposed an additional and alternative qualification for voters—namely, the being rated in £30 in the larger, and £15 in the smaller boroughs. Ministers acceded to this. But there was a greater difficulty encountered in dealing with the exercise of ecclesiastical patronage. Lord John Russell proposed the rejection of the amendment of the lords on this subject; but Mr. Spring Rice proposed an expedient, which was ultimately adopted, to insert a clause directing the ecclesiastical patronage belonging to boroughs to be sold, and the price to be invested for the purpose of being applied to the public good of the boroughs. The amendments of the commons were taken into consideration by the lords on the 4th of September, and were agreed to with few exceptions. They still retained, however, their original amendments providing that justices should be named by the crown, and that the division into wards should begin with boroughs containing a population of six thousand. On the 7th of September the commons agreed to the bill as it had been returned to them from the house of lords, and in that shape it finally passed.
In the meantime, while the lords were occupied in the consideration of the municipal bill, the commons were occupied with the Irish church bill. Lord Morpeth brought this measure forward on the 26th of June, and in doing so, he stated that, in conformity with the bill of last year, and of that which the late government had contemplated, he proposed to convert the existing composition into an annual rent-charge, payable by the owners of the first estate of inheritance, or such other equivalent estate as would be defined by the bill, equal to seven-tenths of the amount of composition, or £70 for every £100, charging the cost of collection, to the amount of sixpence in the pound, on the tithe-owners. He thought it advisable to make a distinction not only between existing and future clerical incumbents, but also between clergymen and lay impropriators; and he proposed that the existing clerical incumbent should receive £73 8s. for every £100 of composition, the additional five per cent, being charged upon the perpetuity purchase-fund. As the machinery of the bill, he said, was similar to that of last year, he did not feel called upon to enter into any of the details respecting the real charges payable to the crown, and the investments which would be placed under the management of the commissioners of land revenue. The bill would authorise a revision and revaluation of benefices for the tithe composition; and it was likewise proposed to extend the provisions of Lord Tenterden’s act for the limitation of suits to Ireland, in the same way as it was included in the bill of last year. By the report of the commissioners of public instruction, the members of the established church amounted to 853,064, the presbyterians to 642,356, and other dissenters to 21,808 persons; tire number of Roman Catholics was 6,427,712, in other words, the members of the established church amounted to 853,064, and the number of those who dissented was 7,091,876. The distribution of the members of the established church, also, was as disproportionate as their total amount; in the diocese of Dromore, there were 264 members for every 1000 acres; in the diocese of Glogher 26 to every 1000 acres, and in the diocese of Tuam there were only 8 to every 1000 acres. It was proposed, therefore, to suspend the presentation to every benefice in Ireland where the number of Protestants did not exceed fifty. In the case of a suspended parish, in which there was any number of members of the establishment from one to fifty, the ecclesiastical commissioners would be empowered, subject to the approbation and consent of the lord-lieutenant in council, either to assign the cure of souls in that parish to the care of the neighbouring minister, or else to appoint a separate curate. It would further be enacted, that, in all parishes where there now existed a church and a resident officiating minister, a separate curate should be appointed. When the cure of souls was committed to a neighbouring minister, the amount of stipend to be given was not to be less than £10, or more than £50 per annum; and where a separate curate was appointed, the salary was not to exceed £75 per annum, with permission to live in the glebe-house, if he undertook to keep it in repair. In every parish where the cure of souls was committed to a neighbouring minister, or a separate curate, provision was to be made for the erection of suitable places of worship, fit to accommodate the probable number of the different congregations. These places of worship were to be built at a cost not exceeding £100, or rented at a cost not exceeding £15 per annum. In making all these provisions the archbishop of the province and the bishops of the diocesses were to be associated with the ecclesiastical commissioners. With respect to other parishes, if it should appear, after deducting thirty per cent, from the existing tithe-composition and the payment of that tax on ecclesiastical benefices, that the income of any parish should exceed £300 per annum, the commissioners would be required to report the circumstance on the voidance of the benefice to the lord-lieutenant, who would be empowered to make any reduction he might deem proper. The incomes, however, were in no case to be reduced below £300 per annum. In cases of livings in the gift of the crown and the bishops, he thought that it would be acknowledged there should be no delay in carrying these provisions into effect; but power would be given to indemnify the owners of lay advowsons, and to charge that indemnification on the fund which would be created from the various sources which he had mentioned, and which it was proposed to call “the reserved fund;” a fund which would be applicable to pay the salaries of the neighbouring ministers or separate curates—to pay all charges which might accrue on the suspended parishes, and to pay for the erection of places of public worship. These purposes having been satisfied, the surplus fund accruing from year to year was to be applied by the commissioners of national education in Ireland to the religious and moral instruction of all classes of the people, without reference to creeds or sects. The total number of parishes, he continued, that would come under the operation of the bill, would be eight hundred and sixty. He had computed the salaries of the curates at £65 each, and after the existing interests were provided for, there would accrue to the reserved fund, 47,898, to which there was to be added, on account of indemnified patronage, £10,178, making the whole amount £58,076. Lord Morpeth added, that in the report of the committee on public instruction, it was stated that the Protestants of the church of England were on the increase. Government was not inattentive to this; and it was proposed that where it should appear to the ecclesiastical commissioners that the number of the members of the established church in any of the suspended parishes had increased to such a degree as to make the provisions of the bill inadequate to the religious wants of the place, they would be required to report the circumstance to the lord-lieutenant, and to submit a proposition to meet the exigency. If the lord-lieutenant approved of it, the report and the proposition were to be laid on the tables of both houses of parliament; and the ecclesiastical commissioners, after the expiration of six months, would be empowered to carry the proposition into effect, if parliament should not otherwise direct.
The bill was brought in and read a first time. It contained two distinct sets of provisions—some relating solely to the mode of collecting tithe, and others which established a new distribution of the church funds, so as to create a surplus to be applied to other purposes. Sir Robert Peel gave notice on the 7th of July, that, on the motion for committing the bill, he would move an instruction to the committee to divide it into two bills, that he might have an opportunity of rejecting altogether those parts of the bill which suppressed the Protestant churches of eight hundred and sixty parishes, appropriating their revenues to purposes not immediately in connection with the interests of the established church, and of supporting those provisions in which he could concur. The bill was read a second time pro forma on the 13th of July, and the motion to commit it was made on the 21st. Sir Robert Peel moved the instruction of which he had given notice. Mr. Spring Rice answered Sir Robert Peel. The debate was continued by adjournment on the 22nd and 23rd of July, the leading speakers in support of the motion being Sirs R. H. Inglis and J. Graham, Lord Stanley, and Messrs. Lefroy and Jackson; while the ministerial side of the question was maintained by Lords Howick, Morpeth, and J. Russell, and Messrs. Hume, Shiel, and O’Connell. On a division ministers had a majority of three hundred and nineteen against two hundred and eighty-two, a majority which secured the success of the bill in the commons. It passed, in fact, without any further opposition, the minority declining to discuss details which, in their opinion, could not be amended except by omitting them. Ministers, however, seem to have been convinced that Sir Robert Peel was correct in stating that they would have no surplus, for they introduced a clause providing that the consolidated fund should immediately begin to make an annual payment of £50,000, for the purposes of general education in Ireland, on the faith of the anticipated surplus, from which it was to be repaid.
The bill passed the commons on the 12th of August, and the second reading took place in the house of lords on the 20th. No opposition was made to the second reading; but it was intimated that the opposition intended in committee to strike out of the bill all the clauses containing the new scheme of appropriation, and the machinery by which it was to be worked. The house went into committee on the 24th of August, and agreed to all the clauses forming the first part of the measure, with the exception of the provisions for opening compositions and for taking a new average, both of which were expunged. When the house arrived at the first of the clauses which formed the new system of appropriation, the Earl of Haddington moved that they should be omitted. The bill was defended by the Marquises of Lansdowne, Glarincarde, and Conyngham, and Lords Plunkett, Brougham, and Glenelg. Lord Melbourne announced that if the motion were carried he would abandon the bill; he would not be a party to sending it back to the house of commons in a shape, both as to form and principle, which would compel that house to reject it entirely. On a division, the motion to omit all the appropriation clauses was carried by one hundred and thirty-eight against forty-one. Ministers now abandoned the bill, being in such a position, by the Catholic majority in the commons, as rendered honourable retreat impossible. On the 29th of August the chancellor of the exchequer brought in a bill empowering the government, on application from the clergy, and on satisfactory proof being given that the parties were not in a condition to pay, to suspend the claim for the instalment which was due from the Irish clergy to the 5th of April, 1846. This bill passed both houses without opposition.
AGRICULTURAL DISTRESS.
WILLIAM IV. 1835—1836
On the 25th of May the Marquis of Chandos again brought forward the subject of agricultural distress. The object of his present motion was to give relief by diminishing the pressure of the local burdens to which land was subject. The farmer, he said, severely felt the heavy pressure of the maintenance of prisoners in gaol, and building and repairing county bridges. He was likewise compelled to perform statute labour on the highway. He thought all this should be thrown on the general taxation of the country. He thought also that the duty on windows in farm-houses, and on horses used in husbandry, should be taken off entirely. Lord Althorp had made some reductions; but the benefit would be increased by total relief from these burdens. He moved:—“That an humble address be presented to his majesty, expressing the deep regret this house feels at the continuing distressed state of the agricultural interest of this country, to which the attention of parliament was called by his majesty’s most gracious speeches from the throne at the commencement of the preceding and of the present session of parliament; and humbly to represent the anxious desire of this house that the attention of his majesty’s government may be directed without delay to this subject, with a view to the immediate removal of some portion of those burdens to which the land is subject through the pressure of general and local taxation.” The motion was seconded by the Earl of Darlington. Government opposed it on the ground that what was proposed would give no relief, and that the suggestions at which it pointed required deliberate consideration. The home-secretary moved an amendment to the effect, that “the house would direct its early attention to the recommendations of a committee which sat last session of parliament upon the subject of county-rates, with a view to the utmost practical alleviation of those burdens to which the land was subject through the pressure of local taxation.” Sir Robert Peel supported the amendment, because the resolution pledged the house to objects which must excite expectations on the part of the agriculturists which could not, consistently with public credit, be fulfilled. The Marquis of Chandos, however, pressed his motion to a division, which was lost by a majority of two hundred and eleven against one hundred and fifty. In the course of the debate on this subject, some members urged that all the evil had arisen from the resumption of cash payments, and that it could only be cured by some alteration of the currency. On the 1st of June, Mr. Cayley moved the appointment of “a select committee, to inquire if there be not effectual means within the reach of parliament to afford substantial relief to the agriculture of the United Kingdom, and especially to recommend to the attention of such committee the subject of a silver standard, or conjoined standard of silver and gold.” Sir Robert Peel and Mr. P. Thompson opposed the motion; and Sir C. Burrell and Messrs. Wodehouse, Bennett, and O’Connell supported it; but on a division it was lost by a majority of two hundred and sixteen against one hundred and twenty-six.