The case of the other numerous petitioners against the bill still remained to be gone into. Witnesses were called to prove the residential injury which would be caused by the "intolerable nuisance" of the smoke and fire from the locomotives, and others to prove that the price of coals and iron would "infallibly" be greatly raised throughout the country. This was part of the case of the Duke of Bridgewater's trustees, whose witnesses "proved" many very extraordinary things. The Leeds and Liverpool Canal Company were so fortunate as to pick up a witness from Hetton who was ready to furnish some damaging evidence as to the use of Stephenson's locomotives on that railway. This was Mr. Thomas Wood, one of the Hetton Company's clerks, whose evidence was to the effect that the locomotives, having been found ineffective, were about to be discontinued in favor of fixed engines. The evidence of this witness, incompetent though he was to give an opinion on the subject, and exaggerated as his statements were afterward proved to be, was made the most of by Mr. Harrison when summing up the case of the canal companies.

"At length," he said, "we have come to this—having first set out at twelve miles an hour, the speed of these locomotives is reduced to six, and now comes down to two or two and a half. They must be content to be pulled along by horses and donkeys; and all those fine promises of galloping along at the rate of twelve miles an hour are melted down to a total failure; the foundation on which their case stood is cut from under them completely; for the Act of Parliament, the committee will recollect, prohibits any person using any animal power, of any sort, kind, or description, except the projectors of the railway themselves; therefore I say that the whole foundation on which this project exists is gone."

After farther personal abuse of Mr. Stephenson, whose evidence he spoke of as "trash and confusion," Mr. Harrison closed the case of the canal companies on the 30th of May. Mr. Adam replied for the promoters, recapitulating the principal points of their case, and vindicating Mr. Stephenson and the evidence which he had given before the committee.

The committee then divided on the preamble, which was carried by a majority of only one—thirty-seven voting for it, and thirty-six against it. The clauses were next considered, and on a division, the first clause, empowering the company to make the railway, was lost by a majority of nineteen to thirteen. In like manner, the next clause, empowering the company to take land, was lost; on which Mr. Adam, on the part of the promoters, withdrew the bill.

Thus ended this memorable contest, which had extended over two months—carried on throughout with great pertinacity and skill, especially on the part of the opposition, who left no stone unturned to defeat the measure. The want of a new line of communication between Liverpool and Manchester had been clearly proved; but the engineering evidence in support of the proposed railway having been thrown almost entirely upon George Stephenson, who fought this, the most important part of the battle, single-handed, was not brought out so clearly as it would have been had he secured more efficient engineering assistance, which he was not able to do, as all the engineers of eminence of that day were against the locomotive railway. The obstacles thrown in the way of the survey by the land-owners and canal companies, by which the plans were rendered exceedingly imperfect, also tended in a great measure to defeat the bill.

Mr. Gooch says the rejection of the scheme was probably the most severe trial George Stephenson underwent in the whole course of his life. The circumstances connected with the defeat of the bill, the errors in the levels, his severe cross-examination, followed by the fact of his being superseded by another engineer, all told fearfully upon him, and for some time he was as terribly weighed down as if a personal calamity of the most serious kind had befallen him. It is also right to add that he was badly served by his surveyors, who were unpracticed and incompetent. On the 27th of September, 1824, we find him writing to Mr. Sandars: "I am quite shocked with Auty's conduct; we must throw him aside as soon as possible. Indeed, I have begun to fear that he has been fee'd by some of the canal proprietors to make a botch of the job. I have a letter from Steele,[61] whose views of Auty's conduct quite agree with yours." The result of this first application to Parliament was so far discouraging. Stephenson had been so terribly abused by the leading counsel for the opposition in the course of the proceedings before the committee—stigmatized by them as an ignoramus, a fool, and a maniac—that even his friends seem for a time to have lost faith in him and in the locomotive system, whose efficiency he continued to uphold. Things never looked blacker for the success of the railway system than at the close of this great Parliamentary struggle. And yet it was on the very eve of its triumph.

The Committee of Directors appointed to watch the measure in Parliament were so determined to press on the project of a railway, even though it should have to be worked merely by horse-power, that the bill had scarcely been defeated ere they met in London to consider their next step. They called their Parliamentary friends together to consult as to their future proceedings. Among those who attended the meeting of gentlemen with this object in the Royal Hotel, St. James's Street, on the 4th of June, were Mr. Huskisson, Mr. Spring Rice, and General Gascoyne. Mr. Huskisson urged the promoters to renew their application to Parliament. They had secured the first step by the passing of their preamble; the measure was of great public importance; and, whatever temporary opposition it might meet with, he conceived that Parliament must ultimately give its sanction to the undertaking. Similar views were expressed by other speakers; and the deputation went back to Liverpool determined to renew their application to Parliament in the ensuing season.

It was not considered desirable to employ George Stephenson in making the new survey. He had not as yet established his reputation beyond the boundaries of his own district, and the promoters of the bill had doubtless felt the disadvantages of this in the course of their Parliamentary struggle. They therefore resolved now to employ engineers of the highest established reputation, as well as the best surveyors that could be obtained. In accordance with these views, they engaged Messrs. George and John Rennie to be the engineers of the railway; and Mr. Charles Vignolles, on their behalf, was appointed to prepare the plans and sections. The line which was eventually adopted differed somewhat from that surveyed by Stephenson, entirely avoiding Lord Sefton's property, and passing through only a few detached fields of Lord Derby's at a considerable distance from the Knowsley domain. The principal parks and game preserves of the district were also carefully avoided. The promoters thus hoped to get rid of the opposition of the most influential of the resident land-owners. The crossing of certain of the streets of Liverpool was also avoided, and the entrance contrived by means of a tunnel and an inclined plane. The new line stopped short of the River Irwell at the Manchester end, and thus, in some measure, removed the objections grounded on an anticipated interruption to the canal or river traffic. And, with reference to the use of the locomotive engine, the promoters, remembering with what effect the objections to it had been urged by the opponents of the measure, intimated, in their second prospectus, that, "as a guarantee of their good faith toward the public, they will not require any clause empowering them to use it; or they will submit to such restrictions in the employment of it as Parliament may impose, for the satisfaction and ample protection both of proprietors on the line of road and of the public at large."

It was found that the capital required to form the line of railway, as laid out by the Messrs. Rennie, was considerably beyond the amount of Stephenson's estimate, and it became a question with the committee in what way the new capital should be raised. A proposal was made to the Marquis of Stafford, who was principally interested in the Duke of Bridgewater's Canal, to become a shareholder in the undertaking. A similar proposal had at an earlier period been made to Mr. Bradshaw, the trustee for the property; but his answer was "all or none," and the negotiation was broken off. The Marquis of Stafford, however, now met the projectors of the railway in a more conciliatory spirit, and it was ultimately agreed that he should become a subscriber to the extent of a thousand shares.

The survey of the new line having been completed, the plans were deposited, the standing orders duly complied with, and the bill went before Parliament. The same counsel appeared for the promoters, but the examination of witnesses was not nearly so protracted as on the former occasion. Mr. Erle and Mr. Harrison led the case of the opposition. The bill went into committee on the 6th of March, and on the 16th the preamble was declared proved by a majority of forty-three to eighteen. On the third reading in the House of Commons, an animated, and what now appears a very amusing discussion, took place. The Hon. Edward Stanley (since Earl of Derby, and prime minister) moved that the bill be read that day six months. In the course of his speech he undertook to prove that the railway trains would take ten hours on the journey, and that they could only be worked by horses; and he called upon the House to stop the bill, "and prevent this mad and extravagant speculation from being carried into effect." Sir Isaac Coffin seconded the motion, and in doing so denounced the project as a most flagrant imposition. He would not consent to see widows' premises and their strawberry-beds invaded; and "what, he would like to know, was to be done with all those who had advanced money in making and repairing turnpike roads? What with those who may still wish to travel in their own or hired carriages, after the fashion of their forefathers? What was to become of coach-makers and harness-makers, coach-masters and coachmen, innkeepers, horse-breeders, and horse-dealers? Was the House aware of the smoke and the noise, the hiss and the whirl, which locomotive engines, passing at the rate of ten or twelve miles an hour, would occasion? Neither the cattle plowing in the fields or grazing in the meadows could behold them without dismay. Iron would be raised in price 100 per cent., or more probably exhausted altogether! It would be the greatest nuisance, the most complete disturbance of quiet and comfort in all parts of the kingdom that the ingenuity of man could invent!"