Historical and Political Essays

by William Edward Hartpole Lecky

In the higher legal appointments, however, while insisting that 'attachment to the Government on principle' was very material, Peel cordially agreed with Saurin that it was vitally necessary to select men 'for character, and not for politics or connection'; and he added, that those were not likely to be the least fit for high office who were too proud to solicit it. 'It is a species of pride which occasions very little practical inconvenience in Ireland.'

His letters show clearly the terrible evils of Irish life. He speaks of 'the enormous and overgrown population,' with no employment except agriculture; of a poverty so extreme that in many districts widespread starvation was averted only by prompt Government intervention; of 'that infernal curse, the forty shilling freeholds'; of the evil system of employing the military in distraining for rent and in the collection of tithes; of juries, through fear or sympathy, acquitting prisoners in the face of the clearest evidence; of the gross perjury in the law courts; of the almost universal disaffection of the lower orders, fostered by a seditious press; of the growing spirit of animosity in the north of Ireland between the lower orders of Protestants and Catholics, which was breaking out in constant riots, and had already cost many lives. This last evil, it might be truly said, was very largely due to the policy of his own party, who had protracted through so many years the Catholic question, which ought to have been settled at the Union. There was extreme and chronic ignorance, poverty, and anarchy; the payment of tithes was constantly resisted; and a failure of the potato crop, and a sudden and terrible fall in the price of agricultural products after the peace, added enormously to the difficulties of the situation. It is remarkable, indeed, that there appears to have been in 1816 and 1817 less disturbance of the public peace in Ireland than in England; Peel found it even possible to reduce the military establishments, and in Dublin extreme distress was borne with remarkable patience; but in many parts of the country crimes of combination were frequent, and almost incredibly savage. Peel mentions one case of a family of eight persons who were deliberately burnt in their house by a party of armed men, because the owner of the house had prosecuted to conviction three men, on a capital charge, at the Louth assizes. In another case a farmer, who had shot two men who attacked his house, was himself shot dead on a Sunday morning, after Mass, at the chapel door, in the presence of hundreds of men, not one of whom attempted to arrest the culprit.

These things filled Peel with a not unnatural horror, and his letters showed clearly his intense dislike both of the Irish character and of the Irish religion.[30] By far the most valuable contribution he made to the improvement of Ireland during his Chief Secretaryship was the formation, in 1814, of an efficient police force, which has ever since been popularly associated with his name, and which was the nucleus from which the present admirable constabulary force was developed in 1822 and in 1835. 'We ought to be crucified,' he wrote, 'if we make the measure a job, and select our constables from the servants of our parliamentary friends.' He attempted also, though without much success, to institute a system of popular education on a perfectly unsectarian basis, and with Catholics among the commissioners.[31] He appears to have met with little encouragement, and at least one Catholic bishop lost no time in cursing 'these nefarious deistical schools'; but some schools were established, and Peel has the merit of being one of the earliest advocates of a general system of unsectarian national education for Ireland, which many years after was accomplished. His measures for the relief of distress appear to have been skilful and judicious, supporting and stimulating, but not superseding private benevolence.[32] For the rest, he relied chiefly on Insurrection Acts strengthening the Executive and giving a greater efficiency to the administration of justice, and on strong protective legislation encouraging the corn and the manufactures of Ireland.

'I have always,' he wrote, 'been, and always shall be, as strong an advocate for giving that preference to the productions of Ireland, natural or artificial, which will best promote the industry of the people, as I am for instructing the lower orders.'[33]

To the tithe system he would do nothing, and this is one of the fatal blots on his reputation as a statesman. There was no single source of crime, agitation, and disaffection in Ireland which was so prolific as this, and there was no subject on which the wisest statesmen had been more agreed than on the supreme importance of meeting this evil by a judicious system of commutation. Pitt had clearly expressed his opinion of the necessity of such a commutation to the Duke of Rutland as early as 1786, and it was one of the measures which he intended to have followed the Union. Grattan had brought schemes of commutation in three successive years before the Irish Parliament. Lord Loughborough, who was the chief cause of the failure of Catholic emancipation after the Union, had himself drawn up a Tithe Commutation Bill. Lord Redesdale, who represented the extreme Toryism of the ministry of Addington, strongly urged the absolute necessity of speedy legislation on the subject. The Duke of Bedford, in 1807, dwelt on the importance of commuting tithes into a land-tax, and ultimately into land. Parnell and Grattan had brought the subject before the Imperial Parliament in 1810, and it was again and again insisted on by the Whig writers, and nowhere more strongly than in Sydney Smith's admirable letters to Peter Plymley and in some of the pages of the 'Edinburgh Review.' But nothing was done till the evil had become intolerable, and had brought the country to a state of anarchy and demoralisation that can scarcely be exaggerated. The connection of Peel with the question of Irish tithes is a very remarkable one. The Tithe Commutation Act, which was carried by a Whig Government in 1838, is one of the few instances of perfectly successful legislation in Irish history, and it is well known that the chief credit of this measure does not belong to the Ministers who carried it. It was the very measure which Sir Robert Peel had introduced in 1835, which the Whig party when in opposition defeated by connecting it with the Appropriation clause, and which the Whig party when in power were compelled to carry without that clause. But if the chief credit of the final settlement of this momentous question justly belongs to Peel, it must not be forgotten that in the eleven years during which, as Chief Secretary or as Home Secretary, he was directly responsible for the government of Ireland, he had allowed this monster curse to grow and strengthen without making any serious effort to mitigate it.

Peel was Chief Secretary during the concluding part of the viceroyalty of the Duke of Richmond, during the whole of that of Lord Whitworth, and during part of that of Lord Talbot. He had grown very tired of his position, but agreed to postpone his departure till after a general election, and he at last left Ireland, as he says, with 'undiminished and unqualified satisfaction,' in August 1818. He remained out of office until January 1822; but the interval was not spent in idleness, and in 1819 he took the leading part in the great Act for resuming cash payments, which, as it has been truly said, attaches to his name 'the same meed of praise which he had quoted as inscribed on the tomb of Queen Elizabeth: "Moneta in justum valorem redacta."' It is one of his greatest legislative achievements; it is also the first of that series of recantations which forms one of the most distinctive features of his career, for it was based upon the policy which Horner had advocated in 1811, and against which Peel had then voted. He still took, on the Catholic question, the leading part in opposition to emancipation, declaring his determination to offer 'a most sincere and uncompromising,' though he now feared unavailing, resistance to Catholic concession. The last time the question was brought forward, by Grattan, was in 1819, and he was defeated by a majority of only two. In 1821, after the death of Grattan, and in a new Parliament, Plunket carried a Bill for Catholic emancipation successfully through all its stages in the House of Commons, though it was afterwards rejected in the Lords. In the ensuing session a similar fate befel a Bill of Canning's to relieve Catholic peers of their disabilities. Some considerable change, however, was introduced into the spirit of the Irish Government by the appointment of Lord Wellesley, who was in favour of the Catholics, to the viceroyalty. One of its most important results was the removal of Saurin from the office of Attorney-General and the appointment of Plunket in his place. Lord Wellesley described this measure to Lady Blessington as the removal of 'an old Orangeman' who, though 'Attorney-General by title, had really been Lord-Lieutenant for fifteen years'; but it is evident from the letters of Peel that his warm sympathies, both personal and political, were with Saurin.

The accession of George IV. to the throne in the beginning of 1820 brought to a crisis the quarrel between the new King and his wife, and led to the resignation of Canning in the last days of the year, and Lord Liverpool then tried to induce Peel to enter the Cabinet in the vacant post of President of the Board of Control. Peel, however, refused the office, declaring that he differed from some of the proceedings of the Ministry about the Queen. In the summer of 1821 he again declined a similar offer, chiefly, as it appears, on the ground of uncertain health and of a dislike to official life which his recent marriage had produced. But when Lord Sidmouth resigned the Home Office, Peel proved less inflexible, and on January 17, 1822, he accepted the seals, which he held till 1827. In August Castlereagh, or, as he now was, Lord Londonderry, committed suicide. Lord Liverpool saw the necessity of recalling Canning to the Cabinet as Minister of Foreign Affairs, and Canning would accept the post only as leader of the House of Commons. The King hated Canning, and would gladly have excluded him altogether from the Ministry, and Eldon and the Duke of Newcastle greatly desired that the leadership of the House of Commons should be given to Peel. Canning, however, who had been sixteen years longer in Parliament than Peel, had both the right and the power to insist upon the leadership, and Peel acquiesced in his claim with honourable frankness. Except on the Catholic question they appear to have cordially agreed, and something of the success of Canning's brilliant foreign policy is due to the loyalty with which he was supported by Peel in the Cabinet and at Court.

Space will not permit us to relate at length the history of Peel's conduct as home Minister. The Catholic question was rapidly advancing to a crisis, and the system of a divided Ministry in which it was an open question, and in which the leading Ministers took opposite sides, was becoming plainly impossible. Ireland was again in a state of anarchy bordering on civil war, and the foundation, in 1823, of the Catholic Association by O'Connell and Sheil gave a new impulse to the agitation. The Duke of Wellington, who knew the country well and was not liable to panic, predicted that the new association if it continued would lead to civil war, and declared that the organisation of the disaffected in Ireland was much more perfect than in 1798.[34] At the same time the long-protracted and increasing violence of the conflict had aroused fierce Orange passions both in the North and in Dublin, while in England the King was embarrassing even his 'anti-Catholic' Ministers by the vehemence of his hostility to concession. He described Peel as 'the King's Protestant Minister' and Lord Wellesley as an 'enemy in the camp.' He assured Peel that, whether the Cabinet wished it or not, he would never consent to give letters of precedence to a Roman Catholic barrister, and he wrote Peel a formal letter in which he said, 'the sentiments of the King upon Catholic emancipation are those of his revered and excellent father; from those sentiments the King never can and never will deviate.'[35]

Peel, while maintaining his unflinching hostility to important concessions, tried to moderate all parties. He implored the King to make no public declaration. He wrote to Ireland strongly discouraging the violence of the Orangemen and urging that 'in this age of liberal doctrine, when prescription is no longer even a presumption in favour of what is established, it will be a work of desperate difficulty to contend against "emancipation," as they call it, unless we can fight with the advantage on our side of great discretion, forbearance, and moderation on the part of the Irish Protestants.' He recurred to his old idea of establishing a system of unsectarian national education, and he readily abandoned the corrupt and proselytising charter schools. He supported a measure of Lord Nugent, which Lord Eldon succeeded in defeating in the Lords, for extending to the English Catholics such privileges as were already possessed by Catholics in Ireland, and he fully approved of a letter written on behalf of the Cabinet to the Lord-Lieutenant urging 'that a disposition should be manifested to admit the Roman Catholics of Ireland to a fair proportion of the emoluments and honours to which they are eligible by law,' but without issuing patents of precedence.[36]

On matters unconnected with the Catholic question his administration was skilful and, on the whole, enlightened; and in 1823 he introduced the first of a series of important measures diminishing the enormous number of capital offences that disgraced the English criminal code, and, at the same time, doing much to simplify and consolidate that code. In this, as in most respects, there was little original in his legislation. He followed, at some distance, in the steps of Romilly and Mackintosh, and he left very much to be done, which was chiefly accomplished during the Whig ascendancy that followed the Reform Bill of 1832. It appears, from some remarkable letters in this volume, that, before Peel took up the question of criminal reform, George IV. was exceedingly sensible of the enormity of executing very young men for secondary offences, and that he was continually pressing on his Ministers a more merciful administration of the law. He sometimes found Peel by no means ready to yield. In one case Peel invoked the aid of the Cabinet to overrule the wish of the King, who desired to save two culprits from the gallows; and, in another case, he threatened to resign his office if the King persisted in commuting the sentence of a youth who had been found guilty of uttering forged notes.[37] But Peel had at least the merit of recognising an intolerable abuse, and his legislation on the subject was skilfully framed and still more skilfully introduced and carried. In his patronage in this, as in later periods of his life, he cared much more than most English Ministers for the interests of science, literature, and art. He was by no means indifferent to the opportunities his position gave him of advancing his own family and friends; but he never, in his English patronage, forgot the character of those whom he recommended for promotion, and he brought forward or assisted many men of ability and learning with whom he had no connection and no political sympathy. The letters in this volume between Peel and his very intimate Oxford friend Dr. Lloyd are especially interesting and characteristic. They are in general very honourable to Peel; but Mr. Parker is much too indulgent when he describes the intensely worldly letters in which Dr. Lloyd urged his own merits and his claims to the bishopric of Oxford as merely 'frank, and free from affectation of the traditional nolo episcopari.' Both Peel and Lord Liverpool appear to have had a much stronger sense than most of their predecessors of the responsibilities attaching to Church patronage and of the duty of administering it in the public interest, and in this respect they were broadly distinguished from Lord Eldon.