LAW REFORM.
Several reforms in the law were made during this session. One of the most important of these changes was the registration act. This passed the commons without any difficulty; and the second reading of the bill was moved in the upper house by Lord Wharncliffe, on which occasion his lordship thus explained its leading provisions. The objects of the bill, he said, were first, to establish in every part of the country a real and bona fide list of voters; secondly, to settle certain doubts with respect to qualifications which had arisen in the revising barristers’ courts; and, thirdly, to prevent the personation of voters, or the possibility of individuals voting twice at the same election. One of the greatest alterations in the bill was that which related to the right of voting, as it depended on the payment of taxes. As the law at present stood a person could not have his name placed on the list of voters unless he had paid all his rates and taxes up to the time of making his claim. By this bill it was provided, that persons should be allowed to have their names inserted in the list of voters if they paid, on or before the 20th of July next ensuing after making their claim, all the poor’s-rates and assessed taxes payable from them for twelve calendar months before the 6th day of the preceding April. One great objection to the existing law was, that the decisions of the revising barristers were final; but by this measure an appeal from their decisions, on legal points, was allowed to the court of common-pleas. Provision was also made to clear up doubtful points as to the right of voting in counties, and likewise with reference to the place where a claim to the right of voting should be made, when the party resided in an extra-parochial district where there was no overseer. Another important point provided for by the bill was that which related to votes on account of trusts on mortgage estates. It was now provided that no mortgagee of any lands or tenements should have a vote for members unless he was in actual possession or receipt of the rents and profits of the lands or tenements mortgaged; but that the mortgager in actual possession, or in receipt of the rents or profits, should be allowed to vote in respect of the property, notwithstanding the mortgage. Another bill carried this session made some alterations in the law relating to defamation and libel. By this bill, which was introduced by Lord Campbell, it was made lawful to give evidence of the truth of the allegations complained of in any criminal proceedings for libel, but subject to this limitation—that the truth shall not, ipso facto, constitute a defence, unless the party shall also make out that the publication of it was for the public benefit. Provision was also made for the case of publication of libellous matter by inadvertence in newspapers. In such case the defendant was empowered to plead the facts in extenuation, and also to pay money into court by way of amends. Other clauses were directed against that nefarious system practised by some conductors of newspapers, who drive a trade in slander; while others imposed additional penalties upon those who make the publication of libels, or the threat of such publication, a means of extorting money from individuals. Two other measures brought in by government during this session—namely, a measure for the reform of the ecclesiastical court, and a bill for the extension of county courts—were not received with so much favour as the preceding: both met with stern opposition, and were in consequence postponed.
PROROGATION OF PARLIAMENT.
Parliament was prorogued by the queen in person on the 24th of August. In the speech her majesty alluded with satisfaction to the various measures passed during the session; and thanked both houses for the measures they had adopted for enabling her to give full effect to the several treaties which had been concluded with foreign powers. Her majesty also alluded to the lawless combinations and commotions which had disturbed the public peace in some districts of Wales; and to the agitation in Ireland for a repeal of the legislative union.
AGITATION IN IRELAND, FORMATION OF THE FREE CHURCH IN SCOTLAND, ETC.
After the attainment of the Roman Catholic relief act, Mr. O’Connell had from time to time held out the repeal of the legislative union to the deluded people of Ireland as the great ultimatum, in his view, for their benefit. His exertions in this pursuit were at times relaxed, or diverted in favour of some other object; and there were many who thought his sincerity in this matter demanded a doubt. During this year, however, he took up the cause of repeal with redoubled energy. Abandoning the house of commons, he gave himself wholly up to the task of raising the banner of national independence in Ireland. In this work he resorted to the same plan of organization which had been adopted with success in prosecuting the Roman Catholic claims. An association, indeed, for the furtherance of repeal, provided with all the machinery requisite to give effect to its comprehensive designs, formed the main instrument by which the union was to be assailed. This body, which was styled the National Loyal Repeal Association, consisted of associates, members, and volunteers. The distinction of these classes was marked out by money-payments; for it was the “rent” to which the agitator was mainly looking. Thus associates were to pay one shilling each; while members were to pay one pound each. Cards were issued to all sections of the association; but those issued to members, or those who paid the most “rent,” were distinct from the rest. This card bore the names of four places in Ireland, the scenes of fights in which the Irish had conquered either the Danes or the English. A printed document described these victories. In another part of the card the geographical position of Ireland was contrasted with various states with the following words underneath:—“Ireland has not a parliament.” The card further set forth the revenue expended by Ireland during the last great war in France, and stated that the commander-in-chief, and two-thirds of the officers and men of the English army and navy on that occasion were Irishmen. Added to these features there was a scroll at the top of the card, bearing the following words:—“Resolved unanimously that the claims of any body of men, other than the king, lords, and commons of Ireland to make laws to bind this kingdom are unconstitutional, illegal, and a grievance;” which resolution was agreed to by the Dungannon volunteers in 1782. At the bottom of the card was an extract from a speech of Mr. Saurin, declaring the union not to be binding on conscience. In addition to the several kinds of members, the Repeal Association comprised officer’s, consisting of general inspectors, repeal-wardens, and collectors. Repeal-wardens were appointed by the association on the recommendation of the clergymen of their parishes; and a book of instruction was prepared, in which the several functions which they were to execute were described. One leading branch of their duties was the transmission and circulation among the associates in every district of certain newspapers devoted to the repeal cause, to be purchased out of the subscriptions in aid of the general object. The main object of the association appears to have been to provide a machinery of the most effective kind for the collection of funds, and to train the people to combination, and prepare them for simultaneous movements at the bidding of their leaders. How well calculated it was for the former object the weekly reports of the “rent” show; and its effectiveness in the latter design was proved by the “monster meetings,” which were held at Trim, Mullingar, and other places throughout Ireland. At all these meetings the most violent language was used by Mr. O’Connell and his coadjutors; and government was importuned to adopt some energetic measures for the suppression of this dangerous conspiracy. The only measures, however, adopted by the ministry for some time was the Irish arms bill, and the removing from the commission of the peace the names of those magistrates who attended or participated in any of the repeal meetings. But the more lenient government showed itself, the more bold and insolent the repealers became. At a “monster meeting” held at Tara on the 15th of August, Mr. O’Connell spoke out with unequivocal significancy. Another “monster meeting” was subsequently held at Roscommon, which Mr. O’Connell said, from its numbers, ought “to strike their enemies with terror, and to give their friends a great consolation.” At a later period of the year other “monster meetings” were held; and at each succeeding meeting the language of the repealers grew bolder and bolder. At length government was roused to action. A great meeting was announced for the 8th of October, to be held at Clontarf, the scene of an Irish victory over the Danes; and the programme of the proceedings to take place on this occasion, and the regulations to be observed by those who should attend it, had been announced with more than common ostentation and solemnity. Against this meeting government issued a proclamation; and as soon as the issue of it was known, Mr. O’Connell called a special meeting of the repeal association, at which, speaking with marked calmness, he said, in consequence of the step taken by government, there would be no meeting on the next day at Clontarf. A counter-proclamation was adopted by this meeting, in which the abandonment of the intended assembling at Clontarf was announced, and the people were exhorted not to assemble. As, however, the proclamation and the counter-proclamation were issued only the day before the intended meeting was to take place, thousands knew nothing of their promulgation, and consequently repaired to Clontarf, in the expectation of meeting their leaders. Instead of Mr. O’Connell and his associates, they met with troops; and thus disappointed, they returned home. Happily the day passed off with tranquillity; for, notwithstanding the vast concourse who thronged to the scene throughout the day, no disturbance took place. But the operations of government against the repealers did not stop here. A few days afterwards the public were startled by the announcement of the arrest of Mr. O’Connell and his coadjutors, on charges of conspiracy, sedition, and unlawful assembling. Mr. O’Connell entered into recognisances, himself in £1000, with two sureties of £500 each, to abide his trial on the charges preferred against him. Both Mr. O’Connell and his coadjutors were bound to appear on the first day of Michaelmas term, at the court of Queen’s-Bench at Dublin; and on their appearance the grand jury brought in the indictment, “a true bill;” but the proceedings of the trial were so much hindered by the various pretexts of the prisoners’ counsel, that it was finally agreed that it should be deferred till the 15th of January, 1844.
One of the most remarkable events which occurred in the course of this year, was the secession of a considerable number of the ministers and laity of the established church of Scotland from that body. This secession arose out of a controversy which had been raised upon the limits of ecclesiastical and civil jurisdiction, and the agitation which had been produced in tire minds of the non-intrusion party since the adverse decision of the law-courts and the house of lords in the Auchterarder case. The final act of separation took place in the month of May, during the meeting of the General Assembly of the church of Scotland. A committee had been appointed to consider the propriety of separation; and on the 22nd of May, at a general meeting in the church of Dr. Candlish, the report of this committee was produced, and a resolution incorporating the recommendations of the report was adopted, in which it was resolved that an act of separation should be reported to the Assembly on the morrow. The next day, accordingly, the act of separation was produced; which act solemnly renounced for those who should affix their names to it the status, privileges, and emoluments derived from the establishment, reserving to ministers the right to act as pastors of particular congregations, or portions thereof, adhering to them, with the rights and benefits accruing from the ministers’ widows’ fund. This document contained an order that the act of separation should be transmitted to the Moderator of the General Assembly—denominated by the seceders “Ecclesiastical Judicatory, by Law Established.” The signing of the document occupied four hours, and the act of separation was then transmitted to the General Assembly. The number of ministers who signed it, or were enrolled in the list of the secession during its first assembly, was three hundred and ninety-five; but the ranks of the separatists were subsequently swelled by the addition of a considerable number of ministers and others, who from time to time gave in their adhesion to the “free church.” This secession is one of the most remarkable ecclesiastical revolutions on record; and its effects were extensively felt throughout Scotland. The secession even gave rise to outrages on the part of the people. In the course of the autumn several serious disturbances took place throughout the country in connection with the free church movement; but it is just to remark that those who took part in these disgraceful proceedings formed only a minority cf the people: the general demeanour of the population during this change in their domestic affairs, was that of peace and good order.
In South Wales there was a commotion of a very different nature. The disturbances which took place there, and which were denominated the “Rebecca riots,” were equally singular and unexpected. The grievance which gave rise to them was the heavy and vexatious tolls to which the peasantry were subjected by the mismanagement and abuses of the turnpike-system. Galled by this burden, they resolved to take the law into their own hands, and to break down the gates in every part. There was, in fact, a crusade against toll-gates commenced during this year, in almost every part of South Wales. The supposed head or chief of the gate-breakers was called “Rebecca,” a name derived from this passage in the book of Genesis: “And they blessed Rebekah, and said unto her, Let thy seed possess the gates of those which hate them.” (Gen. xxiv. ver. 60.) “Rebecca,” who was in the guise of a woman, always made her marches by night; and her conduct of the campaign exhibited much dexterity and address. Herself and band were mounted on horseback; and a sudden blowing of horns, and firing of guns, announced the arrival of the assailants at the turnpike selected for attack. The work of demolition was soon effected: gate, posts, and tollhouse were razed to the ground; and the work was no sooner done than the mysterious assailants galloped off, firing their guns and blowing their horns; and no trace was to be found of the quarter whence they had come, or to what place they had retreated. At first the trustees re-erected some of the gates; but “Rebecca,” and her associates speedily demolished them; so that the trustees were finally compelled to desist, and to leave the roads free from toll. All the efforts of the magistrates were unavailing; and they were obliged to appeal to government for protection and support. In the meantime the unchecked success of the insurgents began to work its natural effect in beguiling them into further violations of the laws. Other grievances, as the poor-law amendment act, the working of the new tithe-law, the fees paid to magistrates’ clerks in the administration of justice, and the alleged extortionate rents taken by the landowners for their farms, were all considered burdens too heavy to be borne, and fit objects for removal. Meetings were held in secluded spots, where plans for carrying on the warfare against the ills to be redressed were concocted; and these deliberations soon broke out into action. On the 10th of June “Rebecca” and her followers visited Caermarthen, and in open day proceeded to attack the workhouse. In the midst of their work of demolition, however, the military arrived, and the whole force was compelled to decamp, leaving behind them about one hundred, who were taken prisoners. The insurrection, notwithstanding this, still continued, and even assumed a more malignant aspect. Houses in which persons lived who were obnoxious to the rioters were attacked; and a growing feeling of alarm and insecurity pervaded the peaceable and well-disposed portion of the community. One poor woman, who kept the Hendy turnpike-gate, on the confines of Glamorganshire and Caermarthenshire, was barbarously murdered by the rioters; and such was the influence of fear exercised over the minds of the jurymen who investigated the case, that they brought in a verdict to the effect, “That the deceased died from suffusion of blood, which produced suffocation, but from what cause is to the jurors unknown.” By the continuance of these outrages, government at length sent down to Wales a large body of troops, under a general officer, who was to take the command of the disturbed districts. At the same time a strong body of the London police was sent to exercise their skill in ferreting out the rioters, who had long escaped detection. These measures did not wholly prevent violence under cover of night; but, in a short time, some of the more active leaders of the riots were captured in an affray with the county police, on the borders of Glamorganshire; and from this event, and various other causes, the spirit of disturbance, towards the close of the year, began to decline. Perhaps the most effectual cause of this decline was a prospect of the redress of those hardships which had formed the theme of so much complaint. In October government sent down a commission, which was to examine into the operation of the turnpike-laws, and other alleged grievances of the country. From the report of this commission, poverty and the hardness of the times had more to do with the outbreak than any other specific cause; but, at the same time, the inquiries instituted, and the report itself, showed that the turnpike-laws as administered in Wales did afford a real and substantial ground of complaint.