It had been announced in the speech from the throne that government would, in the present session, take up the question of the registration of voters in Ireland. In fulfilment of this announcement, Lord Eliot, early in April, introduced a bill into the house of commons for that purpose; leave was given to bring in the bill; but it was evidently so distasteful to the Irish members and their supporters, that, on the 1st of July, Sir Robert Peel announced that it was abandoned by government.
On the 9th of May Mr. Hume moved:—“That an humble address be presented to her majesty, praying that she will be graciously pleased to consider whether it would not be for the advantage of Ireland, and for the interest of the United Kingdom, to abolish the office of lord-lieutenant of Ireland.” Mr. Hume contended that this office was one of the principal causes of repeal agitation, and that by abolishing it peace would be restored to the country. His motion was seconded by Captain Bernai, and opposed by Lords John Russell and Eliot, Sir Robert Peel, and Captain Layard. Ultimately, Mr. Hume withdrew his motion. On the 11th of July Mr. Ward brought on his annual motion about the Irish church. On a division it was rejected by a majority of two hundred and seventy-four against one hundred and seventy-nine.
A measure of great importance to the Roman Catholic community in Ireland was introduced by government, and passed during this session; namely, a bill which had for its object the making of a provision for the better security and regulation of moneys settled upon charitable and religious trusts. This bill was first introduced in the house of lords, where it passed with very little opposition. Sir James Graham moved its second reading in the commons on the 29th of July. In making this motion, he explained the law as it then stood relative to the management and supervision of charitable bequests and donations in Ireland. The existing system was regulated by a statute passed at the beginning of the present century, by which a board was constituted for the government and administration of charitable trusts. This board consisted almost exclusively of Protestants; whereas nearly three-fourths of the bequests placed under its jurisdiction were Roman Catholic endowments. By the bill now proposed, it would be enacted that the master of the rolls, the chief baron of the exchequer, and the judges of the Prerogative Court, should be ex officio members of the board; and that in the presence of them, or any of them, one or the other should preside, according to his rank—first, the master of the rolls; in his absence, the chief baron of the exchequer; or, in the absence of the other two, the judge of the prerogative court. The bill next provided that the crown should appoint ten commissioners, five of whom should be Protestants, and five Roman Catholics. By the sixth section it was further provided, with respect to matters concerning the doctrine, discipline, or constitution of the church of Rome—that if a question arose as to the status or condition of any person who had a right, or claimed to have a right, under any of the deeds of bequest brought under the consideration of the commissioners, such question should be referred, if the claimant were a Roman Catholic, to the Roman Catholic commissioners only; and it was provided that they should grant a certificate of their decision, which certificate should be received as evidence. One of the principal objections to the existing law was removed by the tenth clause, which limited the power of the commissioners to apply donations and bequests according to the intention of the donor or donors. The thirteenth clause also obviated the existing difficulty under the statute of mortmain, which made bequests chargeable upon land for a given class of persons, or their successors. This clause would enable real or personal property, without limitation as to its amount, to be held in perpetuity, for building and maintaining chapels, for building and maintaining residences for the Roman Catholic clergy, or for the use of the priests for the time being, for the purpose of any particular charge. In conclusion, Sir James Graham said that he could only anticipate one objection to the bill on tire part of the Roman Catholics, and that arose from the peculiarity of their ecclesiastical jurisdiction. He believed they would object to the decision of any ecclesiastical matters relating to their church by persons who were not in holy orders of the church of Rome; but he would remind them that under the existing law, such matters might be brought before the supreme judicial tribunal of the country—the judge of that court, the lord-chancellor, being a Protestant. According to the present bill, however, such matters would be left to the decision of a board, composed of Protestants and Catholics equal in number. The bill was loudly condemned by Messrs. More, O’Ferral, Bellew, and Shiel; while, on the other hand, Lord Arundel thanked government for the conciliatory spirit it displayed. Mr. Hume said that the bill seemed to him to be framed in a spirit of peace, and he wished all the Irish grievances were met in the same feeling. The proposed tribunal was a fair and proper one, and he should be glad to see as good a one for the administration of English charities: there ought to be “justice to England.” The second reading was carried by a majority of seventy-one against five; and on the motion that the bill should be committed, Mr. M. J. O’Connell gave notice that he should in committee move amendments. The bill having been subsequently reported, and being moved for a third reading, Mr. Dominick Browne expressed a wish for its postponement. The Roman Catholic hierarchy, he said, was entirely opposed to it; although he admitted that he believed it to be proposed in a spirit of conciliation. He moved that the bill be read that day three months; but the amendment found no one to second it; and after a few observations from Mr. M. J. O’Connell, who now expressed himself in favour of it, the bill passed.
During this session Lord Beaumont, a Roman Catholic peer, brought in a bill for the abolition of a number of penal acts, for the most part obsolete, though still retained in the Irish statute-book. The lord-chancellor urged Lord Beaumont to abstain from pressing his bill, as government were about to revise the whole of the penal laws; but finding his lordship resolved to press the matter, he took the bill into his own hands. The measure having been amended by the lord-chancellor, was brought before the house of lords on the 30th of July. In explaining the various enactments which it was intended to repeal, Lord Lyndhurst said that the first was a statute of Elizabeth’s reign, directing a particular form of prayer to be used, under a penalty of three months’ imprisonment for a first offence, six months for a second, and for life for a third. The second act intended to be repealed punished the denial of the sovereign’s supremacy in ecclesiastical and religious matters: first, with forfeiture of goods and chattels; second, with the penalties of a premunire; and for a third offence, with the penalties of high-treason. Another act made reconcilement to the see of Rome high-treason; and imposed a fine of two hundred marks on every priest performing, and one hundred marks on every person hearing the ceremony. By another, a Jesuit remaining in England a certain number of days was made liable to be prosecuted for high-treason; and persons residing abroad for the purpose of being educated, who should not return within six months after proclamation to that effect, were also rendered liable to the penalties of high-treason. Other statutes imposed penalties on any Roman Catholic who should be found more than three miles distant from his abode; on parents who sent their children abroad to be educated; and for not going to church. Another act declared any one newly converted to the Roman Catholic faith, and his children, if educated in that faith, incapable of holding any place of trust or profit. A statute of William and Mary enacted that no Roman Catholic should come within ten miles of the metropolis, and forbade them to have any weapons of defence in their houses. By the same bill it was also provided that if they possessed a horse worth more than five pounds, it was liable to be forfeited and seized. The bill would also repeal the act of the 31st George III., which act was an extraordinary jumble of legislation: they had an act of Elizabeth which required a party to take a certain oath, and if he refused he was guilty of high-treason; but by the subsequent act they provided that if he took another oath, and a much milder one, he was free: yet if a man professing the Roman Catholic religion did not take either of the oaths, he would be guilty of high-treason, and liable to all the penalties which attached to that crime. The only “non-content” to this measure in the house of lords was the Bishop of London: and he only opposed it because government had taken it up at the eleventh hour, and without consulting the hierarchy. The second reading was moved in the house of commons on the 5th of August by Sir Robert Peel, who took occasion to explain that it did not do away with any security which had been taken for the established church by the act passed in 1829 for the relief of Roman Catholics; the acts to be repealed were mere dead letters, encumbering and discrediting the statute-book. Mr. Hawes requested to know whether, if obsolete statutes of a similar nature were to be found on the statute-book, applicable to the same or other denominations of Christians, government would be prepared to frame a measure for repealing them. Sir Robert Peel replied that he would not make any pledge upon the subject; but if there were any statutes which compelled a conscientious dissenter from the church of England, upon a heavy penalty, to attend divine service in that church, he could see no objection to its being erased from the statute-book. The bill then passed, and received the royal assent.
RESTRICTIONS ON LABOUR IN FACTORIES, ETC.
On the 5th of February Sir James Graham introduced a bill for the regulation of labour in factories. In explaining the proposed enactments, he said, that with respect to age, it was resolved that the term “child” should be defined to mean children between nine and thirteen, instead of eight and thirteen. Such children were not to be employed for more than six hours and a half each day, and were not to be employed in the forenoon and afternoon of the same day. In the existing law, “young persons” were defined to be persons between the ages of thirteen and eighteen: he did not wish any alteration in this respect; but he should propose that such young persons should not be employed in any silk, cotton, wool, or flax manufactory, for any portion of the twenty-four hours, longer than from half-past five o’clock to seven in the summer, and from half-past six o’clock to eight in the winter:—thus making thirteen hours and a half each day, of which one hour and a half, should be allowed for meals and rest. In respect to females, they were not, under any circumstances, to work more than twelve hours. By this bill, moreover, the recovery of lost time, from the use of steam and water, would not be allowed, except where the power used was water-power only: no person so employed was to work more than thirteen hours. Inspectors would be empowered to notify to mill-owners whenever they observed that any portion of their machinery was dangerous, and that in their opinion it required to be cased or covered up: and if after such notification any accident should occur injurious to any of the workmen employed, then the inspector would be empowered to institute a suit for recovering compensation for such injury, and the damages awarded should be given to the injured party. As to education, all that the bill would do, would be to give the child from eight to thirteen years old time for receiving instruction: he was not to be employed more than six hours and half daily—the remaining portions of the day might be devoted to education. Leave was given to bring in the bill, and the house went into committee upon it on the 15th of March. On one of the clauses being proposed which fixed the limitations of the hours of labour, Lord Ashley, after forcibly depicting the effects of factory labour, the injury it inflicted on those employed in it as the system now existed, both physically, mentally, and morally, moved that the night, instead of being computed from eight o’clock in the evening, should be computed from six o’clock. This amendment gave rise to an animated and earnest debate, which lasted two nights; and on a division, it was carried by a majority of one hundred and seventy-nine against one hundred and seventy. The proposal of government having been thus negatived, Sir James Graham said it would not be consistent with his duty to drop the measure at the present stage. On the eighth clause, Lord Ashley would have to move the substitution of “ten” for “twelve” hours, and the question could then be considered in a more substantive form. On the next day Lord Ashley said that it was his intention to make this proposition; and if affirmed, he should then prepare a clause, enacting that the present duration of labour, twelve hours, should continue till the 1st of October, 1844; the period should then fall to eleven hours, to continue so till the 1st of October, 1846, when the period of ten hours should commence. In pursuance of this intention, on the 22nd, when the eighth clause was taken into consideration, which provided that no young person should be employed daily more than twelve hours, Lord Ashley moved an amendment, substituting “ten” for “twelve.” A contest followed this motion; but the debate which ensued was characterized by very little novelty, and on a division it was rejected by a majority of one hundred and eighty-eight against one hundred and eighty-one. At the same time the clause for twelve hours was rejected by one hundred and eighty-six against one hundred and eighty-three. Sir J. Graham then moved that the chairman report progress; stating that he should take until the following Monday, the 25th, to consider the course proper for him to adopt under these circumstances. On the 25th Sir James Graham announced that government had resolved to abandon the bill in order to bring in a new one. This was not effected without considerable opposition; but ministers finally triumphed, and leave was given to bring in a new bill on the 27th. The new bill stood for the second reading on the 22nd of April; previous to which Lord Ashley announced that he was determined to move, on the third reading of the bill, the addition of certain clauses, for the purpose of carrying out the amendments which he had proposed in the former bill. On the 22nd, the second reading of the bill having been moved, with an understanding that the main question was to be considered at a subsequent stage, Mr. T. Duncombe said that in agreeing to such a course Lord Ashley had surrendered the whole case. He now merely proposed to take a flying shot at the bill when it was leaving the house after the third reading: if that shot missed, the bill would be gone before he could fire a second barrel. Under these circumstances, on the order of the day for going into committee of the whole house, he would move that the bill should be referred to a select committee above stairs. This motion was made, but it was rejected, and the bill passed through committee without alteration. The debate on the third reading commenced on the 10th of May, and was continued for two nights by adjournment. The new bill enacted that no young person should be employed more than “twelve” hours daily, as in the abandoned measure: but Lord Ashley, according to his notice, moved on this occasion a clause restricting the hours of labour to eleven from October, 1844. On a division, however, this amendment was negatived by a majority of two hundred and ninety-seven against one hundred and fifty-nine, and the bill then passed the commons. In the house of lords this controverted bill passed without much discussion.
THE CORN-LAWS AND FREE-TRADE QUESTION.
During this session, as Sir Robert Peel had proclaimed at its commencement the intention of government to maintain the recent settlement of the corn-laws, the exertions of the free-trade party in parliament were confined to two or three desultory motions, rather indicating their protest against the existing system than tending to practical results. On the 12th of March Mr. Cobden brought the corn-law question before the house of commons, in the shape of a motion for a committee to inquire into the effects of protective duties on agricultural labourers and tenants. This motion gave rise to a considerable debate, but it was negatived by a majority of two hundred and twenty-four against one hundred and thirty-three. About the same time Mr. Ricardo moved, “That an humble address be presented to her majesty, praying that her majesty will be graciously pleased to give directions to her servants not to enter into any negociation with foreign powers which would make any contemplated alterations of the tariffs of other countries; and humbly expressing to her majesty the opinion of this house that the great object of relieving the commercial intercourse between this country and foreign nations from all injurious restrictions will be best promoted by regulating our own customs’ duties, as may be most suitable to the financial and commercial interests of this country, without reference to the amount of duties which foreign powers may think it expedient for their own interests to levy on British goods.” In advocating this motion, Mr. Ricardo dwelt on the inutility of all our recent commercial diplomacy; and contended that our objects might be as effectually attained by judicious legislation with respect to our imposts, as by intricate negociations with respect to exports. The motion was seconded by Mr. Ewart, and supported by Sir J. Hanmer and Mr. Hume; but there not being forty members present, the house was counted out. Mr. Villiers brought forward his annual motion against the corn-laws on the 25th of June. He moved:—“That it appears by a recent census, that the people of this country are rapidly increasing in number. That it is in evidence before this house that a large proportion of her majesty’s subjects are insufficiently provided for with the first necessaries of life. That, nevertheless, a corn-law is in force, which restricts the supply of food, and thereby lessens its abundance. That any such restriction, having for its object to impede the free purchase of an article upon which depends the subsistence of the community is indefensible in principle, injurious in operation, and ought to be abolished. That it is therefore expedient that the act 5 & 6 Vic. c. 14, shall be repealed forthwith.” The debate on this motion occupied two evenings. Mr. Villiers supported it on the same ground which had been traversed by former argument on the same subject. By the facts and arguments which he adduced, he contended that he established these positions:—“That the supply of food had been deficient; that great inconvenience had resulted; and that the protective system had led to the cultivation of the land in a most slovenly manner.” Mr. Gladstone, on the part of government, announced his intention of calling upon the house to give a direct negative to the original resolutions. Lord John Russell said that the motion placed him in a difficult position: he could not vote for the total and immediate repeal of the protective duty, neither could he assent to maintain the existing corn-law. Sir Robert Peel, who spoke towards the close of the debate, said that the performance of the evening had been for the benefit of the company which usually performed at Covent Garden Theatre. Mr. Villiers, in closing the debate, said, that there was nothing for him to reply to, since no one had controverted his arguments. The speech which Sir Robert Peel had delivered would please the agriculturists; but he had made the same sort of speech for them in 1839, and had thrown them overboard afterwards, because the state of the season and the distress of the people had made it indispensable to give some relief to the country. He predicted that the same thing would happen again. The motion was rejected by a majority of three hundred and twenty-eight against one hundred and twenty-four.