diff options
Diffstat (limited to '2170-h/2170-h.htm')
| -rw-r--r-- | 2170-h/2170-h.htm | 18883 |
1 files changed, 18883 insertions, 0 deletions
diff --git a/2170-h/2170-h.htm b/2170-h/2170-h.htm new file mode 100644 index 0000000..1f1f249 --- /dev/null +++ b/2170-h/2170-h.htm @@ -0,0 +1,18883 @@ +<?xml version="1.0" encoding="us-ascii"?> + +<!DOCTYPE html + PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd" > + +<html xmlns="http://www.w3.org/1999/xhtml" lang="en"> + <head> + <title> + The Miscellaneous Writings and Speeches of Lord Macaulay., Volume 4 (of 4) + by Thomas Babington Macaulay + </title> + <style type="text/css" xml:space="preserve"> + + body { margin:5%; background:#faebd0; text-align:justify} + P { text-indent: 1em; margin-top: .25em; margin-bottom: .25em; } + H1,H2,H3,H4,H5,H6 { text-align: center; margin-left: 15%; margin-right: 15%; } + hr { width: 50%; text-align: center;} + .foot { margin-left: 20%; margin-right: 20%; text-align: justify; text-indent: -3em; font-size: 90%; } + blockquote {font-size: 97%; font-style: italic; margin-left: 10%; margin-right: 10%;} + .mynote {background-color: #DDE; color: #000; padding: .5em; margin-left: 10%; margin-right: 10%; font-family: sans-serif; font-size: 95%;} + .toc { margin-left: 10%; margin-bottom: .75em;} + .toc2 { margin-left: 20%;} + div.fig { display:block; margin:0 auto; text-align:center; } + div.middle { margin-left: 20%; margin-right: 20%; text-align: justify; } + .figleft {float: left; margin-left: 0%; margin-right: 1%;} + .figright {float: right; margin-right: 0%; margin-left: 1%;} + .pagenum {display:inline; font-size: 70%; font-style:normal; + margin: 0; padding: 0; position: absolute; right: 1%; + text-align: right;} + pre { font-style: italic; font-size: 90%; margin-left: 10%;} + +</style> + </head> + <body> +<pre xml:space="preserve"> + +The Project Gutenberg EBook of The Miscellaneous Writings and Speeches of +Lord Macaulay, Vol. 4 (of 4), by Thomas Babington Macaulay + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: The Miscellaneous Writings and Speeches of Lord Macaulay, Vol. 4 (of 4) + Lord Macaulay's Speeches + +Author: Thomas Babington Macaulay + +Release Date: June 14, 2008 [EBook #2170] +Last Updated: January 8, 2013 + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK WRITINGS OF LORD MACAULAY *** + + + + +Produced by Mike Alder, Sue Asscher, and David Widger + + + + + +</pre> + <p> + <br /><br /> + </p> + <h1> + THE MISCELLANEOUS WRITINGS AND SPEECHES OF LORD MACAULAY. + </h1> + <h2> + Lord Macaulay's Speeches + </h2> + <p> + <br /> + </p> + <h2> + By Thomas Babington Macaulay + </h2> + <p> + <a name="link2H_4_0001" id="link2H_4_0001"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + VOLUME IV. + </h2> + <p> + <a name="link2H_4_0002" id="link2H_4_0002"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + LORD MACAULAY'S SPEECHES. + </h2> +<pre xml:space="preserve"> + TO HENRY, MARQUESS OF LANSDOWNE + + THESE SPEECHES ARE DEDICATED BY HIS GRATEFUL + AND AFFECTIONATE FRIEND + + THOMAS BABINGTON MACAULAY. +</pre> + <p> + <a name="link2H_PREF" id="link2H_PREF"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PREFACE. + </h2> + <p> + It was most reluctantly that I determined to suspend, during the last + autumn, a work which is the business and the pleasure of my life, in order + to prepare these Speeches for publication; and it is most reluctantly that + I now give them to the world. Even if I estimated their oratorical merit + much more highly than I do, I should not willingly have revived, in the + quiet times in which we are so happy as to live, the memory of those + fierce contentions in which too many years of my public life were passed. + Many expressions which, when society was convulsed by political + dissensions, and when the foundations of government were shaking, were + heard by an excited audience with sympathy and applause, may, now that the + passions of all parties have subsided, be thought intemperate and + acrimonious. It was especially painful to me to find myself under the + necessity of recalling to my own recollection, and to the recollection of + others, the keen encounters which took place between the late Sir Robert + Peel and myself. Some parts of the conduct of that eminent man I must + always think deserving of serious blame. But, on a calm review of his long + and chequered public life, I acknowledge, with sincere pleasure, that his + faults were much more than redeemed by great virtues, great sacrifices, + and great services. My political hostility to him was never in the + smallest degree tainted by personal ill-will. After his fall from power a + cordial reconciliation took place between us: I admired the wisdom, the + moderation, the disinterested patriotism, which he invariably showed + during the last and best years of his life; I lamented his untimely death, + as both a private and a public calamity; and I earnestly wished that the + sharp words which had sometimes been exchanged between us might be + forgotten. + </p> + <p> + Unhappily an act, for which the law affords no redress, but which I have + no hesitation in pronouncing to be a gross injury to me and a gross fraud + on the public, has compelled me to do what I should never have done + willingly. A bookseller, named Vizetelly, who seems to aspire to that sort + of distinction which Curll enjoyed a hundred and twenty years ago, thought + fit, without asking my consent, without even giving me any notice, to + announce an edition of my Speeches, and was not ashamed to tell the world + in his advertisement that he published them by special license. When the + book appeared, I found that it contained fifty-six speeches, said to have + been delivered by me in the House of Commons. Of these speeches a few were + reprinted from reports which I had corrected for the Mirror of Parliament + or the Parliamentary Debates, and were therefore, with the exception of + some errors of the pen and the press, correctly given. The rest bear + scarcely the faintest resemblance to the speeches which I really made. The + substance of what I said is perpetually misrepresented. The connection of + the arguments is altogether lost. Extravagant blunders are put into my + mouth in almost every page. An editor who was not grossly ignorant would + have perceived that no person to whom the House of Commons would listen + could possibly have been guilty of such blunders. An editor who had the + smallest regard for truth, or for the fame of the person whose speeches he + had undertaken to publish, would have had recourse to the various sources + of information which were readily accessible, and, by collating them, + would have produced a book which would at least have contained no absolute + nonsense. But I have unfortunately had an editor whose only object was to + make a few pounds, and who was willing to sacrifice to that object my + reputation and his own. He took the very worst report extant, compared it + with no other report, removed no blemish however obvious or however + ludicrous, gave to the world some hundreds of pages utterly contemptible + both in matter and manner, and prefixed my name to them. The least that he + should have done was to consult the files of The Times newspaper. I have + frequently done so, when I have noticed in his book any passage more than + ordinarily absurd; and I have almost invariably found that in The Times + newspaper, my meaning had been correctly reported, though often in words + different from those which I had used. + </p> + <p> + I could fill a volume with instances of the injustice with which I have + been treated. But I will confine myself to a single speech, the speech on + the Dissenters' Chapels Bill. I have selected that speech, not because Mr + Vizetelly's version of that speech is worse than his versions of thirty or + forty other speeches, but because I have before me a report of that speech + which an honest and diligent editor would have thought it his first duty + to consult. The report of which I speak was published by the Unitarian + Dissenters, who were naturally desirous that there should be an accurate + record of what had passed in a debate deeply interesting to them. It was + not corrected by me: but it generally, though not uniformly, exhibits with + fidelity the substance of what I said. + </p> + <p> + Mr Vizetelly makes me say that the principle of our Statutes of Limitation + was to be found in the legislation of the Mexicans and Peruvians. That is + a matter about which, as I know nothing, I certainly said nothing. Neither + in The Times nor in the Unitarian report is there anything about Mexico or + Peru. + </p> + <p> + Mr Vizetelly next makes me say that the principle of limitation is found + "amongst the Pandects of the Benares." Did my editor believe that I + uttered these words, and that the House of Commons listened patiently to + them? If he did, what must be thought of his understanding? If he did not, + was it the part of an honest man to publish such gibberish as mine? The + most charitable supposition, which I therefore gladly adopt, is that Mr + Vizetelly saw nothing absurd in the expression which he has attributed to + me. The Benares he probably supposes to be some Oriental nation. What he + supposes their Pandects to be I shall not presume to guess. If he had + examined The Times, he would have found no trace of the passage. The + reporter, probably, did not catch what I said, and, being more veracious + than Mr Vizetelly, did not choose to ascribe to me what I did not say. If + Mr Vizetelly had consulted the Unitarian report, he would have seen that I + spoke of the Pundits of Benares; and he might, without any very long or + costly research, have learned where Benares is, and what a Pundit is. + </p> + <p> + Mr Vizetelly then represents me as giving the House of Commons some very + extraordinary information about both the Calvinistic and the Arminian + Methodists. He makes me say that Whitfield held and taught that the + connection between Church and State was sinful. Whitfield never held or + taught any such thing; nor was I so grossly ignorant of the life and + character of that remarkable man as to impute to him a doctrine which he + would have abhorred. Here again, both in The Times and in the Unitarian + report, the substance of what I said is correctly given. + </p> + <p> + Mr Vizetelly proceeds to put into my mouth a curious account of the polity + of the Wesleyan Methodists. He makes me say that, after John Wesley's + death, "the feeling in favour of the lay administration of the Sacrament + became very strong and very general: a Conference was applied for, was + constituted, and, after some discussion, it was determined that the + request should be granted." Such folly could have been uttered only by a + person profoundly ignorant of the history of Methodism. Certainly nothing + of the sort was ever uttered by me; and nothing of the sort will be found + either in The Times or in the Unitarian report. + </p> + <p> + Mr Vizetelly makes me say that the Great Charter recognises the principle + of limitation, a thing which everybody who has read the Great Charter + knows not to be true. He makes me give an utterly false history of Lord + Nottingham's Occasional Conformity Bill. But I will not weary my readers + by proceeding further. These samples will probably be thought sufficient. + They all lie within a compass of seven or eight pages. It will be observed + that all the faults which I have pointed out are grave faults of + substance. Slighter faults of substance are numerous. As to faults of + syntax and of style, hardly one sentence in a hundred is free from them. + </p> + <p> + I cannot permit myself to be exhibited, in this ridiculous and degrading + manner, for the profit of an unprincipled man. I therefore unwillingly, + and in mere self-defence, give this volume to the public. I have selected, + to the best of my judgment, from among my speeches, those which are the + least unworthy to be preserved. Nine of them were corrected by me while + they were still fresh in my memory, and appear almost word for word as + they were spoken. They are the speech of the second of March 1831, the + speech of the twentieth of September 1831, the speech of the tenth of + October 1831, the speech of the sixteenth of December 1831, the speech on + the Anatomy Bill, the speech on the India Bill, the speech on Serjeant + Talfourd's Copyright Bill, the speech on the Sugar Duties, and the speech + on the Irish Church. The substance of the remaining speeches I have given + with perfect ingenuousness. I have not made alterations for the purpose of + saving my own reputation either for consistency or for foresight. I have + not softened down the strong terms in which I formerly expressed opinions + which time and thought may have modified; nor have I retouched my + predictions in order to make them correspond with subsequent events. Had I + represented myself as speaking in 1831, in 1840, or in 1845, as I should + speak in 1853, I should have deprived my book of its chief value. This + volume is now at least a strictly honest record of opinions and reasonings + which were heard with favour by a large part of the Commons of England at + some important conjunctures; and such a record, however low it may stand + in the estimation of the literary critic, cannot but be of use to the + historian. + </p> + <p> + I do not pretend to give with accuracy the diction of those speeches which + I did not myself correct within a week after they were delivered. Many + expressions, and a few paragraphs, linger in my memory. But the rest, + including much that had been carefully premeditated, is irrecoverably + lost. Nor have I, in this part of my task, derived much assistance from + any report. My delivery is, I believe, too rapid. Very able shorthand + writers have sometimes complained that they could not follow me, and have + contented themselves with setting down the substance of what I said. As I + am unable to recall the precise words which I used, I have done my best to + put my meaning into words which I might have used. + </p> + <p> + I have only, in conclusion, to beg that the readers of this Preface will + pardon an egotism which a great wrong has made necessary, and which is + quite as disagreeable to myself as it can be to them. + </p> + <p> + <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> + </p> + <h2> + Contents + </h2> + <p class="toc"> + <a href="#link2H_4_0001"> VOLUME IV. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0002"> LORD MACAULAY'S SPEECHES. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_PREF"> PREFACE. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0004"> SPEECHES, ETC. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0005"> PARLIAMENTARY REFORM. (MARCH 2, 1831) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 2D OF MARCH, 1831. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0006"> PARLIAMENTARY REFORM. (JULY 5, 1831) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 5TH OF JULY 1831. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0007"> PARLIAMENTARY REFORM. (SEPTEMBER 20, 1831) A + SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 20TH OF SEPTEMBER 1831. + </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0008"> PARLIAMENTARY REFORM. (OCTOBER 10, 1831) A + SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 10TH OF OCTOBER, 1831. + </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0009"> PARLIAMENTARY REFORM. (DECEMBER 16, 1831) A + SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 16TH OF DECEMBER 1831. + </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0010"> ANATOMY BILL. (FEBRUARY 27, 1832) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 27TH OF FEBRUARY, 1832. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0011"> PARLIAMENTARY REFORM. (FEBRUARY 28, 1832) A + SPEECH DELIVERED IN A COMMITTEE OF THE HOUSE OF COMMONS ON THE 28TH OF + FEBRUARY, 1832. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0012"> REPEAL OF THE UNION WITH IRELAND. (FEBRUARY 6, + 1833) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 6TH OF FEBRUARY + 1833. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0013"> JEWISH DISABILITIES. (April 17, 1833) a speech + delivered in a committee of the whole house OF COMMONS ON THE 17TH OF + APRIL, 1833. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0014"> GOVERNMENT OF INDIA. (JULY 10, 1833) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 10TH OF JULY 1833. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0015"> EDINBURGH ELECTION, 1839. (MAY 29, 1839) A + SPEECH DELIVERED AT EDINBURGH ON THE 29TH OF MAY 1839. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0016"> CONFIDENCE IN THE MINISTRY OF LORD MELBOURNE. + (JANUARY 29, 1840) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 29TH + OF JANUARY 1840. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0017"> WAR WITH CHINA. (APRIL 7, 1840) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 7TH OF APRIL, 1840. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0018"> COPYRIGHT. (FEBRUARY 5, 1841) A SPEECH DELIVERED + IN THE HOUSE OF COMMONS ON THE 5TH OF FEBRUARY 1841. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0019"> COPYRIGHT. (APRIL 6, 1842) A SPEECH DELIVERED IN + A COMMITTEE OF THE HOUSE OF COMMONS ON THE 6TH OF APRIL 1842. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0020"> THE PEOPLE'S CHARTER. (MAY 3, 1842) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE THIRD OF MAY 1842. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0021"> THE GATES OF SOMNAUTH. (MARCH 9, 1843) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 9TH OF MARCH 1843. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0022"> THE STATE OF IRELAND. (FEBRUARY 19, 1844) A + SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 19TH OF FEBRUARY 1844. + </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0023"> DISSENTERS' CHAPELS BILL. (JUNE 6, 1844) A + SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 6TH OF JUNE 1844. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0024"> THE SUGAR DUTIES. (FEBRUARY 26, 1845) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 26TH OF FEBRUARY, 1845. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0025"> MAYNOOTH. (APRIL 14, 1845) A SPEECH DELIVERED IN + THE HOUSE OF COMMONS ON THE 14TH OF APRIL, 1845. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0026"> THE CHURCH OF IRELAND. (APRIL 23, 1845.) A + SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 23RD OF APRIL 1845. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0027"> THEOLOGICAL TESTS IN THE SCOTCH UNIVERSITIES. + (JULY 9, 1845) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 9TH OF + JULY 1845. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0028"> CORN LAWS. (DECEMBER 2, 1845) A SPEECH DELIVERED + AT EDINBURGH ON THE 2D OF DECEMBER 1845. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0029"> THE TEN HOURS BILL. (MAY 22, 1846) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 22D OF MAY 1846. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0030"> THE LITERATURE OF BRITAIN. (NOVEMBER 4, 1846) A + SPEECH DELIVERED AT THE OPENING OF THE EDINBURGH PHILOSOPHICAL INSTITUTION + ON THE 4TH OF NOVEMBER 1846. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0031"> EDUCATION. (APRIL 19, 1847) A SPEECH DELIVERED + IN THE HOUSE OF COMMONS ON THE 18TH OF APRIL 1847. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0032"> INAUGURAL SPEECH AT GLASGOW COLLEGE. (MARCH 21, + 1849) A SPEECH DELIVERED AT THE COLLEGE OF GLASGOW ON THE 21ST OF MARCH, + 1849. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0033"> RE-ELECTION TO PARLIAMENT. (NOVEMBER 2, 1852) A + SPEECH DELIVERED AT EDINBURGH ON THE 2D OF NOVEMBER, 1852. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0034"> EXCLUSION OF JUDGES FROM THE HOUSE OF COMMONS. + (JUNE 1, 1853) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON THE 1ST OF + JUNE 1853. </a> + </p> + <p> + <br /> + </p> + <p class="toc"> + <a href="#link2H_4_0035"> INDEX. </a> + </p> + <p> + <br /> <br /> <br /> + </p> + <hr /> + <p> + <br /> <br /> <a name="link2H_4_0004" id="link2H_4_0004"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + SPEECHES, ETC. + </h2> + <p> + <a name="link2H_4_0005" id="link2H_4_0005"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PARLIAMENTARY REFORM. (MARCH 2, 1831) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE 2D OF MARCH, 1831. + </h2> + <p> + On Tuesday, the first of March, 1831, Lord John Russell moved the House of + Commons for leave to bring in a bill to amend the representation of the + people in England and Wales. The discussion occupied seven nights. At + length, on the morning of Thursday, the tenth of March, the motion was + carried without a division. The following speech was made on the second + night of the debate. + </p> + <p> + It is a circumstance, Sir, of happy augury for the motion before the + House, that almost all those who have opposed it have declared themselves + hostile on principle to Parliamentary Reform. Two Members, I think, have + confessed that, though they disapprove of the plan now submitted to us, + they are forced to admit the necessity of a change in the Representative + system. Yet even those gentleman have used, as far as I have observed, no + arguments which would not apply as strongly to the most moderate change as + to that which has been proposed by His Majesty's Government. I say, Sir, + that I consider this as a circumstance of happy augury. For what I feared + was, not the opposition of those who are averse to all Reform, but the + disunion of reformers. I knew that, during three months, every reformer + had been employed in conjecturing what the plan of the Government would + be. I knew that every reformer had imagined in his own mind a scheme + differing doubtless in some points from that which my noble friend, the + Paymaster of the Forces, has developed. I felt therefore great + apprehension that one person would be dissatisfied with one part of the + bill, that another person would be dissatisfied with another part, and + that thus our whole strength would be wasted in internal dissensions. That + apprehension is now at an end. I have seen with delight the perfect + concord which prevails among all who deserve the name of reformers in this + House; and I trust that I may consider it as an omen of the concord which + will prevail among reformers throughout the country. I will not, Sir, at + present express any opinion as to the details of the bill; but, having + during the last twenty-four hours given the most diligent consideration to + its general principles, I have no hesitation in pronouncing it a wise, + noble, and comprehensive measure, skilfully framed for the healing of + great distempers, for the securing at once of the public liberties, and of + the public repose, and for the reconciling and knitting together of all + the orders of the State. + </p> + <p> + The honourable Baronet who has just sat down (Sir John Walsh.), has told + us, that the Ministers have attempted to unite two inconsistent principles + in one abortive measure. Those were his very words. He thinks, if I + understand him rightly, that we ought either to leave the representative + system such as it is, or to make it perfectly symmetrical. I think, Sir, + that the Ministers would have acted unwisely if they had taken either + course. Their principle is plain, rational, and consistent. It is this, to + admit the middle class to a large and direct share in the representation, + without any violent shock to the institutions of our country. I understand + those cheers: but surely the gentlemen who utter them will allow that the + change which will be made in our institutions by this bill is far less + violent than that which, according to the honourable Baronet, ought to be + made if we make any Reform at all. I praise the Ministers for not + attempting, at the present time, to make the representation uniform. I + praise them for not effacing the old distinction between the towns and the + counties, and for not assigning Members to districts, according to the + American practice, by the Rule of Three. The Government has, in my + opinion, done all that was necessary for the removing of a great practical + evil, and no more than was necessary. + </p> + <p> + I consider this, Sir, as a practical question. I rest my opinion on no + general theory of government. I distrust all general theories of + government. I will not positively say, that there is any form of polity + which may not, in some conceivable circumstances, be the best possible. I + believe that there are societies in which every man may safely be admitted + to vote. Gentlemen may cheer, but such is my opinion. I say, Sir, that + there are countries in which the condition of the labouring classes is + such that they may safely be intrusted with the right of electing Members + of the Legislature. If the labourers of England were in that state in + which I, from my soul, wish to see them, if employment were always + plentiful, wages always high, food always cheap, if a large family were + considered not as an encumbrance but as a blessing, the principal + objections to Universal Suffrage would, I think, be removed. Universal + Suffrage exists in the United States, without producing any very frightful + consequences; and I do not believe that the people of those States, or of + any part of the world, are in any good quality naturally superior to our + own countrymen. But, unhappily, the labouring classes in England, and in + all old countries, are occasionally in a state of great distress. Some of + the causes of this distress are, I fear, beyond the control of the + Government. We know what effect distress produces, even on people more + intelligent than the great body of the labouring classes can possibly be. + We know that it makes even wise men irritable, unreasonable, credulous, + eager for immediate relief, heedless of remote consequences. There is no + quackery in medicine, religion, or politics, which may not impose even on + a powerful mind, when that mind has been disordered by pain or fear. It is + therefore no reflection on the poorer class of Englishmen, who are not, + and who cannot in the nature of things be, highly educated, to say that + distress produces on them its natural effects, those effects which it + would produce on the Americans, or on any other people, that it blinds + their judgment, that it inflames their passions, that it makes them prone + to believe those who flatter them, and to distrust those who would serve + them. For the sake, therefore, of the whole society, for the sake of the + labouring classes themselves, I hold it to be clearly expedient that, in a + country like this, the right of suffrage should depend on a pecuniary + qualification. + </p> + <p> + But, Sir, every argument which would induce me to oppose Universal + Suffrage, induces me to support the plan which is now before us. I am + opposed to Universal Suffrage, because I think that it would produce a + destructive revolution. I support this plan, because I am sure that it is + our best security against a revolution. The noble Paymaster of the Forces + hinted, delicately indeed and remotely, at this subject. He spoke of the + danger of disappointing the expectations of the nation; and for this he + was charged with threatening the House. Sir, in the year 1817, the late + Lord Londonderry proposed a suspension of the Habeas Corpus Act. On that + occasion he told the House that, unless the measures which he recommended + were adopted, the public peace could not be preserved. Was he accused of + threatening the House? Again, in the year 1819, he proposed the laws known + by the name of the Six Acts. He then told the House that, unless the + executive power were reinforced, all the institutions of the country would + be overturned by popular violence. Was he then accused of threatening the + House? Will any gentleman say that it is parliamentary and decorous to + urge the danger arising from popular discontent as an argument for + severity; but that it is unparliamentary and indecorous to urge that same + danger as an argument for conciliation? I, Sir, do entertain great + apprehension for the fate of my country. I do in my conscience believe + that, unless the plan proposed, or some similar plan, be speedily adopted, + great and terrible calamities will befall us. Entertaining this opinion, I + think myself bound to state it, not as a threat, but as a reason. I + support this bill because it will improve our institutions; but I support + it also because it tends to preserve them. That we may exclude those whom + it is necessary to exclude, we must admit those whom it may be safe to + admit. At present we oppose the schemes of revolutionists with only one + half, with only one quarter of our proper force. We say, and we say + justly, that it is not by mere numbers, but by property and intelligence, + that the nation ought to be governed. Yet, saying this, we exclude from + all share in the government great masses of property and intelligence, + great numbers of those who are most interested in preserving tranquillity, + and who know best how to preserve it. We do more. We drive over to the + side of revolution those whom we shut out from power. Is this a time when + the cause of law and order can spare one of its natural allies? + </p> + <p> + My noble friend, the Paymaster of the Forces, happily described the effect + which some parts of our representative system would produce on the mind of + a foreigner, who had heard much of our freedom and greatness. If, Sir, I + wished to make such a foreigner clearly understand what I consider as the + great defects of our system, I would conduct him through that immense city + which lies to the north of Great Russell Street and Oxford Street, a city + superior in size and in population to the capitals of many mighty + kingdoms; and probably superior in opulence, intelligence, and general + respectability, to any city in the world. I would conduct him through that + interminable succession of streets and squares, all consisting of well + built and well furnished houses. I would make him observe the brilliancy + of the shops, and the crowd of well-appointed equipages. I would show him + that magnificent circle of palaces which surrounds the Regent's Park. I + would tell him that the rental of this district was far greater than that + of the whole kingdom of Scotland, at the time of the Union. And then I + would tell him that this was an unrepresented district. It is needless to + give any more instances. It is needless to speak of Manchester, + Birmingham, Leeds, Sheffield, with no representation, or of Edinburgh and + Glasgow with a mock representation. If a property tax were now imposed on + the principle that no person who had less than a hundred and fifty pounds + a year should contribute, I should not be surprised to find that one half + in number and value of the contributors had no votes at all; and it would, + beyond all doubt, be found that one fiftieth part in number and value of + the contributors had a larger share of the representation than the other + forty-nine fiftieths. This is not government by property. It is government + by certain detached portions and fragments of property, selected from the + rest, and preferred to the rest, on no rational principle whatever. + </p> + <p> + To say that such a system is ancient, is no defence. My honourable friend, + the Member for the University of Oxford (Sir Robert Harry Inglis.), + challenges us to show that the Constitution was ever better than it is. + Sir, we are legislators, not antiquaries. The question for us is, not + whether the Constitution was better formerly, but whether we can make it + better now. In fact, however, the system was not in ancient times by any + means so absurd as it is in our age. One noble Lord (Lord Stormont.) has + to-night told us that the town of Aldborough, which he represents, was not + larger in the time of Edward the First than it is at present. The line of + its walls, he assures us, may still be traced. It is now built up to that + line. He argues, therefore, that as the founders of our representative + institutions gave members to Aldborough when it was as small as it now is, + those who would disfranchise it on account of its smallness have no right + to say that they are recurring to the original principle of our + representative institutions. But does the noble Lord remember the change + which has taken place in the country during the last five centuries? Does + he remember how much England has grown in population, while Aldborough has + been standing still? Does he consider, that in the time of Edward the + First, the kingdom did not contain two millions of inhabitants? It now + contains nearly fourteen millions. A hamlet of the present day would have + been a town of some importance in the time of our early Parliaments. + Aldborough may be absolutely as considerable a place as ever. But compared + with the kingdom, it is much less considerable, by the noble Lord's own + showing, than when it first elected burgesses. My honourable friend, the + Member for the University of Oxford, has collected numerous instances of + the tyranny which the kings and nobles anciently exercised, both over this + House and over the electors. It is not strange that, in times when nothing + was held sacred, the rights of the people, and of the representatives of + the people, should not have been held sacred. The proceedings which my + honourable friend has mentioned, no more prove that, by the ancient + constitution of the realm, this House ought to be a tool of the king and + of the aristocracy, than the Benevolences and the Shipmoney prove their + own legality, or than those unjustifiable arrests which took place long + after the ratification of the great Charter and even after the Petition of + Right, prove that the subject was not anciently entitled to his personal + liberty. We talk of the wisdom of our ancestors: and in one respect at + least they were wiser than we. They legislated for their own times. They + looked at the England which was before them. They did not think it + necessary to give twice as many Members to York as they gave to London, + because York had been the capital of Britain in the time of Constantius + Chlorus; and they would have been amazed indeed if they had foreseen, that + a city of more than a hundred thousand inhabitants would be left without + Representatives in the nineteenth century, merely because it stood on + ground which in the thirteenth century had been occupied by a few huts. + They framed a representative system, which, though not without defects and + irregularities, was well adapted to the state of England in their time. + But a great revolution took place. The character of the old corporations + changed. New forms of property came into existence. New portions of + society rose into importance. There were in our rural districts rich + cultivators, who were not freeholders. There were in our capital rich + traders, who were not liverymen. Towns shrank into villages. Villages + swelled into cities larger than the London of the Plantagenets. Unhappily + while the natural growth of society went on, the artificial polity + continued unchanged. The ancient form of the representation remained; and + precisely because the form remained, the spirit departed. Then came that + pressure almost to bursting, the new wine in the old bottles, the new + society under the old institutions. It is now time for us to pay a decent, + a rational, a manly reverence to our ancestors, not by superstitiously + adhering to what they, in other circumstances, did, but by doing what + they, in our circumstances, would have done. All history is full of + revolutions, produced by causes similar to those which are now operating + in England. A portion of the community which had been of no account + expands and becomes strong. It demands a place in the system, suited, not + to its former weakness, but to its present power. If this is granted, all + is well. If this is refused, then comes the struggle between the young + energy of one class and the ancient privileges of another. Such was the + struggle between the Plebeians and the Patricians of Rome. Such was the + struggle of the Italian allies for admission to the full rights of Roman + citizens. Such was the struggle of our North American colonies against the + mother country. Such was the struggle which the Third Estate of France + maintained against the aristocracy of birth. Such was the struggle which + the Roman Catholics of Ireland maintained against the aristocracy of + creed. Such is the struggle which the free people of colour in Jamaica are + now maintaining against the aristocracy of skin. Such, finally, is the + struggle which the middle classes in England are maintaining against an + aristocracy of mere locality, against an aristocracy the principle of + which is to invest a hundred drunken potwallopers in one place, or the + owner of a ruined hovel in another, with powers which are withheld from + cities renowned to the furthest ends of the earth, for the marvels of + their wealth and of their industry. + </p> + <p> + But these great cities, says my honourable friend the Member for the + University of Oxford, are virtually, though not directly, represented. Are + not the wishes of Manchester, he asks, as much consulted as those of any + town which sends Members to Parliament? Now, Sir, I do not understand how + a power which is salutary when exercised virtually can be noxious when + exercised directly. If the wishes of Manchester have as much weight with + us as they would have under a system which should give Representatives to + Manchester, how can there be any danger in giving Representatives to + Manchester? A virtual Representative is, I presume, a man who acts as a + direct Representative would act: for surely it would be absurd to say that + a man virtually represents the people of Manchester, who is in the habit + of saying No, when a man directly representing the people of Manchester + would say Aye. The utmost that can be expected from virtual Representation + is that it may be as good as direct Representation. If so, why not grant + direct Representation to places which, as everybody allows, ought, by some + process or other, to be represented? + </p> + <p> + If it be said that there is an evil in change as change, I answer that + there is also an evil in discontent as discontent. This, indeed, is the + strongest part of our case. It is said that the system works well. I deny + it. I deny that a system works well, which the people regard with + aversion. We may say here, that it is a good system and a perfect system. + But if any man were to say so to any six hundred and fifty-eight + respectable farmers or shopkeepers, chosen by lot in any part of England, + he would be hooted down, and laughed to scorn. Are these the feelings with + which any part of the government ought to be regarded? Above all, are + these the feelings with which the popular branch of the legislature ought + to be regarded? It is almost as essential to the utility of a House of + Commons, that it should possess the confidence of the people, as that it + should deserve that confidence. Unfortunately, that which is in theory the + popular part of our government, is in practice the unpopular part. Who + wishes to dethrone the King? Who wishes to turn the Lords out of their + House? Here and there a crazy radical, whom the boys in the street point + at as he walks along. Who wishes to alter the constitution of this House? + The whole people. It is natural that it should be so. The House of Commons + is, in the language of Mr Burke, a check, not on the people, but for the + people. While that check is efficient, there is no reason to fear that the + King or the nobles will oppress the people. But if the check requires + checking, how is it to be checked? If the salt shall lose its savour, + wherewith shall we season it? The distrust with which the nation regards + this House may be unjust. But what then? Can you remove that distrust? + That it exists cannot be denied. That it is an evil cannot be denied. That + it is an increasing evil cannot be denied. One gentleman tells us that it + has been produced by the late events in France and Belgium; another, that + it is the effect of seditious works which have lately been published. If + this feeling be of origin so recent, I have read history to little + purpose. Sir, this alarming discontent is not the growth of a day or of a + year. If there be any symptoms by which it is possible to distinguish the + chronic diseases of the body politic from its passing inflammations, all + those symptoms exist in the present case. The taint has been gradually + becoming more extensive and more malignant, through the whole lifetime of + two generations. We have tried anodynes. We have tried cruel operations. + What are we to try now? Who flatters himself that he can turn this feeling + back? Does there remain any argument which escaped the comprehensive + intellect of Mr Burke, or the subtlety of Mr Windham? Does there remain + any species of coercion which was not tried by Mr Pitt and by Lord + Londonderry? We have had laws. We have had blood. New treasons have been + created. The Press has been shackled. The Habeas Corpus Act has been + suspended. Public meetings have been prohibited. The event has proved that + these expedients were mere palliatives. You are at the end of your + palliatives. The evil remains. It is more formidable than ever. What is to + be done? + </p> + <p> + Under such circumstances, a great plan of reconciliation, prepared by the + Ministers of the Crown, has been brought before us in a manner which gives + additional lustre to a noble name, inseparably associated during two + centuries with the dearest liberties of the English people. I will not + say, that this plan is in all its details precisely such as I might wish + it to be; but it is founded on a great and a sound principle. It takes + away a vast power from a few. It distributes that power through the great + mass of the middle order. Every man, therefore, who thinks as I think is + bound to stand firmly by Ministers who are resolved to stand or fall with + this measure. Were I one of them, I would sooner, infinitely sooner, fall + with such a measure than stand by any other means that ever supported a + Cabinet. + </p> + <p> + My honourable friend, the Member for the University of Oxford, tells us, + that if we pass this law, England will soon be a republic. The reformed + House of Commons will, according to him, before it has sate ten years, + depose the King, and expel the Lords from their House. Sir, if my + honourable friend could prove this, he would have succeeded in bringing an + argument for democracy, infinitely stronger than any that is to be found + in the works of Paine. My honourable friend's proposition is in fact this: + that our monarchical and aristocratical institutions have no hold on the + public mind of England; that these institutions are regarded with aversion + by a decided majority of the middle class. This, Sir, I say, is plainly + deducible from his proposition; for he tells us that the Representatives + of the middle class will inevitably abolish royalty and nobility within + ten years: and there is surely no reason to think that the Representatives + of the middle class will be more inclined to a democratic revolution than + their constituents. Now, Sir, if I were convinced that the great body of + the middle class in England look with aversion on monarchy and + aristocracy, I should be forced, much against my will, to come to this + conclusion, that monarchical and aristocratical institutions are unsuited + to my country. Monarchy and aristocracy, valuable and useful as I think + them, are still valuable and useful as means, and not as ends. The end of + government is the happiness of the people: and I do not conceive that, in + a country like this, the happiness of the people can be promoted by a form + of government in which the middle classes place no confidence, and which + exists only because the middle classes have no organ by which to make + their sentiments known. But, Sir, I am fully convinced that the middle + classes sincerely wish to uphold the Royal prerogatives and the + constitutional rights of the Peers. What facts does my honourable friend + produce in support of his opinion? One fact only; and that a fact which + has absolutely nothing to do with the question. The effect of this Reform, + he tells us, would be to make the House of Commons allpowerful. It was + allpowerful once before, in the beginning of 1649. Then it cut off the + head of the King, and abolished the House of Peers. Therefore, if it again + has the supreme power, it will act in the same manner. Now, Sir, it was + not the House of Commons that cut off the head of Charles the First; nor + was the House of Commons then allpowerful. It had been greatly reduced in + numbers by successive expulsions. It was under the absolute dominion of + the army. A majority of the House was willing to take the terms offered by + the King. The soldiers turned out the majority; and the minority, not a + sixth part of the whole House, passed those votes of which my honourable + friend speaks, votes of which the middle classes disapproved then, and of + which they disapprove still. + </p> + <p> + My honourable friend, and almost all the gentlemen who have taken the same + side with him in this Debate, have dwelt much on the utility of close and + rotten boroughs. It is by means of such boroughs, they tell us, that the + ablest men have been introduced into Parliament. It is true that many + distinguished persons have represented places of this description. But, + Sir, we must judge of a form of government by its general tendency, not by + happy accidents. Every form of government has its happy accidents. + Despotism has its happy accidents. Yet we are not disposed to abolish all + constitutional checks, to place an absolute master over us, and to take + our chance whether he may be a Caligula or a Marcus Aurelius. In whatever + way the House of Commons may be chosen, some able men will be chosen in + that way who would not be chosen in any other way. If there were a law + that the hundred tallest men in England should be Members of Parliament, + there would probably be some able men among those who would come into the + House by virtue of this law. If the hundred persons whose names stand + first in the alphabetical list of the Court Guide were made Members of + Parliament, there would probably be able men among them. We read in + ancient history, that a very able king was elected by the neighing of his + horse; but we shall scarcely, I think, adopt this mode of election. In one + of the most celebrated republics of antiquity, Athens, Senators and + Magistrates were chosen by lot; and sometimes the lot fell fortunately. + Once, for example, Socrates was in office. A cruel and unjust proposition + was made by a demagogue. Socrates resisted it at the hazard of his own + life. There is no event in Grecian history more interesting than that + memorable resistance. Yet who would have officers appointed by lot, + because the accident of the lot may have given to a great and good man a + power which he would probably never have attained in any other way? We + must judge, as I said, by the general tendency of a system. No person can + doubt that a House of Commons chosen freely by the middle classes, will + contain many very able men. I do not say, that precisely the same able men + who would find their way into the present House of Commons will find their + way into the reformed House: but that is not the question. No particular + man is necessary to the State. We may depend on it that, if we provide the + country with popular institutions, those institutions will provide it with + great men. + </p> + <p> + There is another objection, which, I think, was first raised by the + honourable and learned Member for Newport. (Mr Horace Twiss.) He tells us + that the elective franchise is property; that to take it away from a man + who has not been judicially convicted of malpractices is robbery; that no + crime is proved against the voters in the close boroughs; that no crime is + even imputed to them in the preamble of the bill; and that therefore to + disfranchise them without compensation would be an act of revolutionary + tyranny. The honourable and learned gentleman has compared the conduct of + the present Ministers to that of those odious tools of power, who, towards + the close of the reign of Charles the Second, seized the charters of the + Whig corporations. Now, there was another precedent, which I wonder that + he did not recollect, both because it is much more nearly in point than + that to which he referred, and because my noble friend, the Paymaster of + the Forces, had previously alluded to it. If the elective franchise is + property, if to disfranchise voters without a crime proved, or a + compensation given, be robbery, was there ever such an act of robbery as + the disfranchising of the Irish forty-shilling freeholders? Was any + pecuniary compensation given to them? Is it declared in the preamble of + the bill which took away their franchise, that they had been convicted of + any offence? Was any judicial inquiry instituted into their conduct? Were + they even accused of any crime? Or if you say that it was a crime in the + electors of Clare to vote for the honourable and learned gentleman who now + represents the county of Waterford, was a Protestant freeholder in Louth + to be punished for the crime of a Catholic freeholder in Clare? If the + principle of the honourable and learned Member for Newport be sound, the + franchise of the Irish peasant was property. That franchise the Ministers + under whom the honourable and learned Member held office did not scruple + to take away. Will he accuse those Ministers of robbery? If not, how can + he bring such an accusation against their successors? + </p> + <p> + Every gentleman, I think, who has spoken from the other side of the House, + has alluded to the opinions which some of His Majesty's Ministers formerly + entertained on the subject of Reform. It would be officious in me, Sir, to + undertake the defence of gentlemen who are so well able to defend + themselves. I will only say that, in my opinion, the country will not + think worse either of their capacity or of their patriotism, because they + have shown that they can profit by experience, because they have learned + to see the folly of delaying inevitable changes. There are others who + ought to have learned the same lesson. I say, Sir, that there are those + who, I should have thought, must have had enough to last them all their + lives of that humiliation which follows obstinate and boastful resistance + to changes rendered necessary by the progress of society, and by the + development of the human mind. Is it possible that those persons can wish + again to occupy a position which can neither be defended nor surrendered + with honour? I well remember, Sir, a certain evening in the month of May, + 1827. I had not then the honour of a seat in this House; but I was an + attentive observer of its proceedings. The right honourable Baronet + opposite (Sir Robert Peel), of whom personally I desire to speak with that + high respect which I feel for his talents and his character, but of whose + public conduct I must speak with the sincerity required by my public duty, + was then, as he is now, out of office. He had just resigned the seals of + the Home Department, because he conceived that the recent ministerial + arrangements had been too favourable to the Catholic claims. He rose to + ask whether it was the intention of the new Cabinet to repeal the Test and + Corporation Acts, and to reform the Parliament. He bound up, I well + remember, those two questions together; and he declared that, if the + Ministers should either attempt to repeal the Test and Corporation Acts, + or bring forward a measure of Parliamentary Reform, he should think it his + duty to oppose them to the utmost. Since that declaration was made four + years have elapsed; and what is now the state of the three questions which + then chiefly agitated the minds of men? What is become of the Test and + Corporation Acts? They are repealed. By whom? By the right honourable + Baronet. What has become of the Catholic disabilities? They are removed. + By whom? By the right honourable Baronet. The question of Parliamentary + Reform is still behind. But signs, of which it is impossible to + misconceive the import, do most clearly indicate that unless that question + also be speedily settled, property, and order, and all the institutions of + this great monarchy, will be exposed to fearful peril. Is it possible that + gentlemen long versed in high political affairs cannot read these signs? + Is it possible that they can really believe that the Representative system + of England, such as it now is, will last to the year 1860? If not, for + what would they have us wait? Would they have us wait merely that we may + show to all the world how little we have profited by our own recent + experience?—Would they have us wait, that we may once again hit the + exact point where we can neither refuse with authority, nor concede with + grace? Would they have us wait, that the numbers of the discontented party + may become larger, its demands higher, its feelings more acrimonious, its + organisation more complete? Would they have us wait till the whole + tragicomedy of 1827 has been acted over again? till they have been brought + into office by a cry of 'No Reform,' to be reformers, as they were once + before brought into office by a cry of 'No Popery,' to be emancipators? + Have they obliterated from their minds—gladly, perhaps, would some + among them obliterate from their minds—the transactions of that + year? And have they forgotten all the transactions of the succeeding year? + Have they forgotten how the spirit of liberty in Ireland, debarred from + its natural outlet, found a vent by forbidden passages? Have they + forgotten how we were forced to indulge the Catholics in all the license + of rebels, merely because we chose to withhold from them the liberties of + subjects? Do they wait for associations more formidable than that of the + Corn Exchange, for contributions larger than the Rent, for agitators more + violent than those who, three years ago, divided with the King and the + Parliament the sovereignty of Ireland? Do they wait for that last and most + dreadful paroxysm of popular rage, for that last and most cruel test of + military fidelity? Let them wait, if their past experience shall induce + them to think that any high honour or any exquisite pleasure is to be + obtained by a policy like this. Let them wait, if this strange and fearful + infatuation be indeed upon them, that they should not see with their eyes, + or hear with their ears, or understand with their heart. But let us know + our interest and our duty better. Turn where we may, within, around, the + voice of great events is proclaiming to us, Reform, that you may preserve. + Now, therefore, while everything at home and abroad forebodes ruin to + those who persist in a hopeless struggle against the spirit of the age, + now, while the crash of the proudest throne of the Continent is still + resounding in our ears, now, while the roof of a British palace affords an + ignominious shelter to the exiled heir of forty kings, now, while we see + on every side ancient institutions subverted, and great societies + dissolved, now, while the heart of England is still sound, now, while old + feelings and old associations retain a power and a charm which may too + soon pass away, now, in this your accepted time, now, in this your day of + salvation, take counsel, not of prejudice, not of party spirit, not of the + ignominious pride of a fatal consistency, but of history, of reason, of + the ages which are past, of the signs of this most portentous time. + Pronounce in a manner worthy of the expectation with which this great + debate has been anticipated, and of the long remembrance which it will + leave behind. Renew the youth of the State. Save property, divided against + itself. Save the multitude, endangered by its own unpopular power. Save + the greatest, and fairest, and most highly civilised community that ever + existed, from calamities which may in a few days sweep away all the rich + heritage of so many ages of wisdom and glory. The danger is terrible. The + time is short. If this bill should be rejected, I pray to God that none of + those who concur in rejecting it may ever remember their votes with + unavailing remorse, amidst the wreck of laws, the confusion of ranks, the + spoliation of property, and the dissolution of social order. + </p> + <hr /> + <p> + <a name="link2H_4_0006" id="link2H_4_0006"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PARLIAMENTARY REFORM. (JULY 5, 1831) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE 5TH OF JULY 1831. + </h2> + <p> + On Tuesday, the fourth of July, 1831, Lord John Russell moved the second + reading of the Bill to amend the representation of the people in England + and Wales. Sir John Walsh, member for Sudbury, moved, as an amendment, + that the bill should be read that day six months. After a discussion, + which lasted three nights, the amendment was rejected by 367 votes to 231, + and the original motion was carried. The following Speech was made on the + second night of the debate. + </p> + <p> + Nobody, Sir, who has watched the course of the debate can have failed to + observe that the gentlemen who oppose this bill have chiefly relied on a + preliminary objection, which it is necessary to clear away before we + proceed to examine whether the proposed changes in our representative + system would or would not be improvements. The elective franchise, we are + told, is private property. It belongs to this freeman, to that + potwalloper, to the owner of this house, to the owner of that old wall; + and you have no more right to take it away without compensation than to + confiscate the dividends of a fundholder or the rents of a landholder. + </p> + <p> + Now, Sir, I admit that, if this objection be well founded, it is decisive + against the plan of Reform which has been submitted to us. If the + franchise be really private property, we have no more right to take + members away from Gatton because Gatton is small, and to give them to + Manchester because Manchester is large, than Cyrus, in the old story, had + to take away the big coat from the little boy and to put it on the big + boy. In no case, and under no pretext however specious, would I take away + from any member of the community anything which is of the nature of + property, without giving him full compensation. But I deny that the + elective franchise is of the nature of property; and I believe that, on + this point, I have with me all reason, all precedent, and all authority. + This at least is certain, that, if disfranchisement really be robbery, the + representative system which now exists is founded on robbery. How was the + franchise in the English counties fixed? By the act of Henry the Sixth, + which disfranchised tens of thousands of electors who had not forty + shilling freeholds. Was that robbery? How was the franchise in the Irish + counties fixed? By the act of George the Fourth, which disfranchised tens + of thousands of electors who had not ten pound freeholds. Was that + robbery? Or was the great parliamentary reform made by Oliver Cromwell + ever designated as robbery, even by those who most abhorred his name? + Everybody knows that the unsparing manner in which he disfranchised small + boroughs was emulously applauded, by royalists, who hated him for having + pulled down one dynasty, and by republicans, who hated him for having + founded another. Take Sir Harry Vane and Lord Clarendon, both wise men, + both, I believe, in the main, honest men, but as much opposed to each + other in politics as wise and honest men could be. Both detested Oliver; + yet both approved of Oliver's plan of parliamentary reform. They grieved + only that so salutary a change should have been made by an usurper. Vane + wished it to have been made by the Rump; Clarendon wished it to be made by + the King. Clarendon's language on this subject is most remarkable. For he + was no rash innovator. The bias of his mind was altogether on the side of + antiquity and prescription. Yet he describes that great disfranchisement + of boroughs as an improvement fit to be made in a more warrantable method + and at a better time. This is that better time. What Cromwell attempted to + effect by an usurped authority, in a country which had lately been + convulsed by civil war, and which was with difficulty kept in a state of + sullen tranquillity by military force, it has fallen to our lot to + accomplish in profound peace, and under the rule of a prince whose title + is unquestioned, whose office is reverenced, and whose person is beloved. + It is easy to conceive with what scorn and astonishment Clarendon would + have heard it said that the reform which seemed to him so obviously just + and reasonable that he praised it, even when made by a regicide, could + not, without the grossest iniquity, be made even by a lawful King and a + lawful Parliament. + </p> + <p> + Sir, in the name of the institution of property, of that great + institution, for the sake of which, chiefly, all other institutions exist, + of that great institution to which we owe all knowledge, all commerce, all + industry, all civilisation, all that makes us to differ from the tattooed + savages of the Pacific Ocean, I protest against the pernicious practice of + ascribing to that which is not property the sanctity which belongs to + property alone. If, in order to save political abuses from that fate with + which they are threatened by the public hatred, you claim for them the + immunities of property, you must expect that property will be regarded + with some portion of the hatred which is excited by political abuses. You + bind up two very different things, in the hope that they may stand + together. Take heed that they do not fall together. You tell the people + that it is as unjust to disfranchise a great lord's nomination borough as + to confiscate his estate. Take heed that you do not succeed in convincing + weak and ignorant minds that there is no more injustice in confiscating + his estate than in disfranchising his borough. That this is no imaginary + danger, your own speeches in this debate abundantly prove. You begin by + ascribing to the franchises of Old Sarum the sacredness of property; and + you end, naturally enough, I must own, by treating the rights of property + as lightly as I should be inclined to treat the franchises of Old Sarum. + When you are reminded that you voted, only two years ago, for + disfranchising great numbers of freeholders in Ireland, and when you are + asked how, on the principles which you now profess, you can justify that + vote, you answer very coolly, "no doubt that was confiscation. No doubt we + took away from the peasants of Munster and Connaught, without giving them + a farthing of compensation, that which was as much their property as their + pigs or their frieze coats. But we did it for the public good. We were + pressed by a great State necessity." Sir, if that be an answer, we too may + plead that we too have the public good in view, and that we are pressed by + a great State necessity. But I shall resort to no such plea. It fills me + with indignation and alarm to hear grave men avow what they own to be + downright robbery, and justify that robbery on the ground of political + convenience. No, Sir, there is one way, and only one way, in which those + gentlemen who voted for the disfranchising Act of 1829 can clear their + fame. Either they have no defence, or their defence must be this; that the + elective franchise is not of the nature of property, and that therefore + disfranchisement is not spoliation. + </p> + <p> + Having disposed, as I think, of the question of right, I come to the + question of expediency. I listened, Sir, with much interest and pleasure + to a noble Lord who spoke for the first time in this debate. (Lord + Porchester.) But I must own that he did not succeed in convincing me that + there is any real ground for the fears by which he is tormented. He gave + us a history of France since the Restoration. He told us of the violent + ebbs and flows of public feeling in that country. He told us that the + revolutionary party was fast rising to ascendency while M. De Cazes was + minister; that then came a violent reaction in favour of the monarchy and + the priesthood; that then the revolutionary party again became dominant; + that there had been a change of dynasty; and that the Chamber of Peers had + ceased to be a hereditary body. He then predicted, if I understood him + rightly, that, if we pass this bill, we shall suffer all that France has + suffered; that we shall have violent contests between extreme parties, a + revolution, and an abolition of the House of Lords. I might, perhaps, + dispute the accuracy of some parts of the noble Lord's narrative. But I + deny that his narrative, accurate or inaccurate, is relevant. I deny that + there is any analogy between the state of France and the state of England. + I deny that there is here any great party which answers either to the + revolutionary or to the counter-revolutionary party in France. I most + emphatically deny that there is any resemblance in the character, and that + there is likely to be any resemblance in the fate, of the two Houses of + Peers. I always regarded the hereditary Chamber established by Louis the + Eighteenth as an institution which could not last. It was not in harmony + with the state of property; it was not in harmony with the public feeling; + it had neither the strength which is derived from wealth, nor the strength + which is derived from prescription. It was despised as plebeian by the + ancient nobility. It was hated as patrician by the democrats. It belonged + neither to the old France nor to the new France. It was a mere exotic + transplanted from our island. Here it had struck its roots deep, and + having stood during ages, was still green and vigorous. But it languished + in the foreign soil and the foreign air, and was blown down by the first + storm. It will be no such easy task to uproot the aristocracy of England. + </p> + <p> + With much more force, at least with much more plausibility, the noble Lord + and several other members on the other side of the House have argued + against the proposed Reform on the ground that the existing system has + worked well. How great a country, they say, is ours! How eminent in wealth + and knowledge, in arts and arms! How much admired! How much envied! Is it + possible to believe that we have become what we are under a bad + government! And, if we have a good government, why alter it? Now, Sir, I + am very far from denying that England is great, and prosperous, and highly + civilised. I am equally far from denying that she owes much of her + greatness, of her prosperity, and of her civilisation to her form of + government. But is no nation ever to reform its institutions because it + has made great progress under those institutions? Why, Sir, the progress + is the very thing which makes the reform absolutely necessary. The Czar + Peter, we all know, did much for Russia. But for his rude genius and + energy, that country might have still been utterly barbarous. Yet would it + be reasonable to say that the Russian people ought always, to the end of + time, to be despotically governed, because the Czar Peter was a despot? + Let us remember that the government and the society act and react on each + other. Sometimes the government is in advance of the society, and hurries + the society forward. So urged, the society gains on the government, comes + up with the government, outstrips the government, and begins to insist + that the government shall make more speed. If the government is wise, it + will yield to that just and natural demand. The great cause of revolutions + is this, that while nations move onward, constitutions stand still. The + peculiar happiness of England is that here, through many generations, the + constitution has moved onward with the nation. Gentlemen have told us, + that the most illustrious foreigners have, in every age, spoken with + admiration of the English constitution. Comines, they say, in the + fifteenth century, extolled the English constitution as the best in the + world. Montesquieu, in the eighteenth century, extolled it as the best in + the world. And would it not be madness in us to throw away what such men + thought the most precious of all our blessings? But was the constitution + which Montesquieu praised the same with the constitution which Comines + praised? No, Sir; if it had been so, Montesquieu never would have praised + it. For how was it possible that a polity which exactly suited the + subjects of Edward the Fourth should have exactly suited the subjects of + George the Second? The English have, it is true, long been a great and a + happy people. But they have been great and happy because their history has + been the history of a succession of timely reforms. The Great Charter, the + assembling of the first House of Commons, the Petition of Right, the + Declaration of Right, the Bill which is now on our table, what are they + all but steps in one great progress? To every one of those steps the same + objections might have been made which we heard to-night, "You are better + off than your neighbours are. You are better off than your fathers were. + Why can you not leave well alone?" + </p> + <p> + How copiously might a Jacobite orator have harangued on this topic in the + Convention of 1688! "Why make a change of dynasty? Why trouble ourselves + to devise new securities for our laws and liberties? See what a nation we + are. See how population and wealth have increased since what you call the + good old times of Queen Elizabeth. You cannot deny that the country has + been more prosperous under the kings of the House of Stuart than under any + of their predecessors. Keep that House, then, and be thankful." Just such + is the reasoning of the opponents of this bill. They tell us that we are + an ungrateful people, and that, under institutions from which we have + derived inestimable benefits, we are more discontented than the slaves of + the Dey of Tripoli. Sir, if we had been slaves of the Dey of Tripoli, we + should have been too much sunk in intellectual and moral degradation to be + capable of the rational and manly discontent of freemen. It is precisely + because our institutions are so good that we are not perfectly contended + with them; for they have educated us into a capacity for enjoying still + better institutions. That the English Government has generally been in + advance of almost all other governments is true. But it is equally true + that the English nation is, and has during some time been, in advance of + the English Government. One plain proof of this is, that nothing is so ill + made in our island as the laws. In all those things which depend on the + intelligence, the knowledge, the industry, the energy of individuals, or + of voluntary combinations of individuals, this country stands pre-eminent + among all the countries of the world, ancient and modern. But in those + things which it belongs to the State to direct, we have no such claim to + superiority. Our fields are cultivated with a skill unknown elsewhere, + with a skill which has extorted rich harvests from moors and morasses. Our + houses are filled with conveniences which the kings of former times might + have envied. Our bridges, our canals, our roads, our modes of + communication, fill every stranger with wonder. Nowhere are manufactures + carried to such perfection. Nowhere is so vast a mass of mechanical power + collected. Nowhere does man exercise such a dominion over matter. These + are the works of the nation. Compare them with the works of the rulers of + the nation. Look at the criminal law, at the civil law, at the modes of + conveying lands, at the modes of conducting actions. It is by these things + that we must judge of our legislators, just as we judge of our + manufacturers by the cotton goods and the cutlery which they produce, just + as we judge of our engineers by the suspension bridges, the tunnels, the + steam carriages which they construct. Is, then, the machinery by which + justice is administered framed with the same exquisite skill which is + found in other kinds of machinery? Can there be a stronger contrast than + that which exists between the beauty, the completeness, the speed, the + precision with which every process is performed in our factories, and the + awkwardness, the rudeness, the slowness, the uncertainty of the apparatus + by which offences are punished and rights vindicated? Look at the series + of penal statutes, the most bloody and the most inefficient in the world, + at the puerile fictions which make every declaration and every plea + unintelligible both to plaintiff and defendant, at the mummery of fines + and recoveries, at the chaos of precedents, at the bottomless pit of + Chancery. Surely we see the barbarism of the thirteenth century and the + highest civilisation of the nineteenth century side by side; and we see + that the barbarism belongs to the government, and the civilisation to the + people. + </p> + <p> + This is a state of things which cannot last. If it be not terminated by + wisdom, it will be terminated by violence. A time has come at which it is + not merely desirable, but indispensable to the public safety, that the + government should be brought into harmony with the people; and it is + because this bill seems to me likely to bring the government into harmony + with the people, that I feel it to be my duty to give my hearty support to + His Majesty's Ministers. + </p> + <p> + We have been told, indeed, that this is not the plan of Reform which the + nation asked for. Be it so. But you cannot deny that it is the plan of + Reform which the nation has accepted. That, though differing in many + respects from what was asked, it has been accepted with transports of joy + and gratitude, is a decisive proof of the wisdom of timely concession. + Never in the history of the world was there so signal an example of that + true statesmanship, which, at once animating and gently curbing the honest + enthusiasm of millions, guides it safely and steadily to a happy goal. It + is not strange, that when men are refused what is reasonable, they should + demand what is unreasonable. It is not strange that, when they find that + their opinion is contemned and neglected by the Legislature, they should + lend a too favourable ear to worthless agitators. We have seen how + discontent may be produced. We have seen, too, how it may be appeased. We + have seen that the true source of the power of demagogues is the obstinacy + of rulers, and that a liberal Government makes a conservative people. + Early in the last session, the First Minister of the Crown declared that + he would consent to no Reform; that he thought our representative system, + just as it stood, the masterpiece of human wisdom; that, if he had to make + it anew, he would make it such as it was, with all its represented ruins + and all its unrepresented cities. What followed? Everything was tumult and + panic. The funds fell. The streets were insecure. Men's hearts failed them + for fear. We began to move our property into German investments and + American investments. Such was the state of the public mind, that it was + not thought safe to let the Sovereign pass from his palace to the + Guildhall of his capital. What part of his kingdom is there in which His + Majesty now needs any other guard than the affection of his loving + subjects? There are, indeed, still malecontents; and they may be divided + into two classes, the friends of corruption and the sowers of sedition. It + is natural that all who directly profit by abuses, and all who profit by + the disaffection which abuses excite, should be leagued together against a + bill which, by making the government pure, will make the nation loyal. + There is, and always has been, a real alliance between the two extreme + parties in this country. They play into each other's hands. They live by + each other. Neither would have any influence if the other were taken away. + The demagogue would have no audience but for the indignation excited among + the multitude by the insolence of the enemies of Reform: and the last hope + of the enemies of Reform is in the uneasiness excited among all who have + anything to lose by the ravings of the demagogue. I see, and glad I am to + see, that the nation perfectly understands and justly appreciates this + coalition between those who hate all liberty and those who hate all order. + England has spoken, and spoken out. From her most opulent seaports, from + her manufacturing towns, from her capital and its gigantic suburbs, from + almost every one of her counties, has gone forth a voice, answering in no + doubtful or faltering accent to that truly royal voice which appealed on + the twenty-second of last April to the sense of the nation. + </p> + <p> + So clearly, indeed, has the sense of the nation been expressed, that + scarcely any person now ventures to declare himself hostile to all Reform. + We are, it seems, a House of Reformers. Those very gentlemen who, a few + months ago, were vehement against all change, now own that some change may + be proper, may be necessary. They assure us that their opposition is + directed, not against Parliamentary Reform, but against the particular + plan which is now before us, and that a Tory Ministry would devise a much + better plan. I cannot but think that these tactics are unskilful. I cannot + but think that, when our opponents defended the existing system in every + part, they occupied a stronger position than at present. As my noble + friend the Paymaster-General said, they have committed an error resembling + that of the Scotch army at Dunbar. They have left the high ground from + which we might have had some difficulty in dislodging them. They have come + down to low ground, where they are at our mercy. Surely, as Cromwell said, + surely the Lord hath delivered them into our hand. + </p> + <p> + For, Sir, it is impossible not to perceive that almost every argument + which they have urged against this Reform Bill may be urged with equal + force, or with greater force, against any Reform Bill which they can + themselves bring in. + </p> + <p> + First take, what, indeed, are not arguments, but wretched substitutes for + arguments, those vague terms of reproach, which have been so largely + employed, here and elsewhere, by our opponents; revolutionary, anarchical, + traitorous, and so forth. It will, I apprehend, hardly be disputed that + these epithets can be just as easily applied to one Reform Bill as to + another. + </p> + <p> + But, you say, intimidation has been used to promote the passing of this + bill; and it would be disgraceful, and of evil example, that Parliament + should yield to intimidation. But surely, if that argument be of any force + against the present bill, it will be of tenfold force against any Reform + Bill proposed by you. For this bill is the work of men who are Reformers + from conscientious conviction, of men, some of whom were Reformers when + Reformer was a name of reproach, of men, all of whom were Reformers before + the nation had begun to demand Reform in imperative and menacing tones. + But you are notoriously Reformers merely from fear. You are Reformers + under duress. If a concession is to be made to the public importunity, you + can hardly deny that it will be made with more grace and dignity by Lord + Grey than by you. + </p> + <p> + Then you complain of the anomalies of the bill. One county, you say, will + have twelve members; and another county, which is larger and more + populous, will have only ten. Some towns, which are to have only one + member, are more considerable than other towns which are to have two. Do + those who make these objections, objections which by the by will be more + in place when the bill is in committee, seriously mean to say that a Tory + Reform Bill will leave no anomalies in the representative system? For my + own part, I trouble myself not at all about anomalies, considered merely + as anomalies. I would not take the trouble of lifting up my hand to get + rid of an anomaly that was not also a grievance. But if gentlemen have + such a horror of anomalies, it is strange that they should so long have + persisted in upholding a system made up of anomalies far greater than any + that can be found in this bill (a cry of "No!"). Yes; far greater. Answer + me, if you can; but do not interrupt me. On this point, indeed, it is much + easier to interrupt than to answer. For who can answer plain arithmetical + demonstration? Under the present system, Manchester, with two hundred + thousand inhabitants, has no members. Old Sarum, with no inhabitants, has + two members. Find me such an anomaly in the schedules which are now on the + table. But is it possible that you, that Tories, can seriously mean to + adopt the only plan which can remove all anomalies from the representative + system? Are you prepared to have, after every decennial census, a new + distribution of members among electoral districts? Is your plan of Reform + that which Mr Canning satirised as the most crazy of all the projects of + the disciples of Tom Paine? Do you really mean + </p> +<pre xml:space="preserve"> + "That each fair burgh, numerically free, + Shall choose its members by the rule of three?" +</pre> + <p> + If not, let us hear no more of the anomalies of the Reform Bill. + </p> + <p> + But your great objection to this bill is that it will not be final. I ask + you whether you think that any Reform Bill which you can frame will be + final? For my part I do believe that the settlement proposed by His + Majesty's Ministers will be final, in the only sense in which a wise man + ever uses that word. I believe that it will last during that time for + which alone we ought at present to think of legislating. Another + generation may find in the new representative system defects such as we + find in the old representative system. Civilisation will proceed. Wealth + will increase. Industry and trade will find out new seats. The same causes + which have turned so many villages into great towns, which have turned so + many thousands of square miles of fir and heath into cornfields and + orchards, will continue to operate. Who can say that a hundred years hence + there may not be, on the shore of some desolate and silent bay in the + Hebrides, another Liverpool, with its docks and warehouses and endless + forests of masts? Who can say that the huge chimneys of another Manchester + may not rise in the wilds of Connemara? For our children we do not pretend + to legislate. All that we can do for them is to leave to them a memorable + example of the manner in which great reforms ought to be made. In the only + sense, therefore, in which a statesman ought to say that anything is + final, I pronounce this bill final. But in what sense will your bill be + final? Suppose that you could defeat the Ministers, that you could + displace them, that you could form a Government, that you could obtain a + majority in this House, what course would events take? There is no + difficulty in foreseeing the stages of the rapid progress downward. First + we should have a mock reform; a Bassietlaw reform; a reform worthy of + those politicians who, when a delinquent borough had forfeited its + franchise, and when it was necessary for them to determine what they would + do with two seats in Parliament, deliberately gave those seats, not to + Manchester or Birmingham or Leeds, not to Lancashire or Staffordshire or + Devonshire, but to a constituent body studiously selected because it was + not large and because it was not independent; a reform worthy of those + politicians who, only twelve months ago, refused to give members to the + three greatest manufacturing towns in the world. We should have a reform + which would produce all the evils and none of the benefits of change, + which would take away from the representative system the foundation of + prescription, and yet would not substitute the surer foundation of reason + and public good. The people would be at once emboldened and exasperated; + emboldened because they would see that they had frightened the Tories into + making a pretence of reforming the Parliament; and exasperated because + they would see that the Tory Reform was a mere pretence. Then would come + agitation, tumult, political associations, libels, inflammatory harangues. + Coercion would only aggravate the evil. This is no age, this is no + country, for the war of power against opinion. Those Jacobin mountebanks, + whom this bill would at once send back to their native obscurity, would + rise into fearful importance. The law would be sometimes braved and + sometimes evaded. In short, England would soon be what Ireland was at the + beginning of 1829. Then, at length, as in 1829, would come the late and + vain repentance. Then, Sir, amidst the generous cheers of the Whigs, who + will be again occupying their old seats on your left hand, and amidst the + indignant murmurs of those stanch Tories who are now again trusting to be + again betrayed, the right honourable Baronet opposite will rise from the + Treasury Bench to propose that bill on which the hearts of the people are + set. But will that bill be then accepted with the delight and thankfulness + with which it was received last March? Remember Ireland. Remember how, in + that country, concessions too long delayed were at last received. That + great boon which in 1801, in 1813, in 1825, would have won the hearts of + millions, given too late, and given from fear, only produced new clamours + and new dangers. Is not one such lesson enough for one generation? A noble + Lord opposite told us not to expect that this bill will have a + conciliatory effect. Recollect, he said, how the French aristocracy + surrendered their privileges in 1789, and how that surrender was requited. + Recollect that Day of Sacrifices which was afterwards called the Day of + Dupes. Sir, that day was afterwards called the Day of Dupes, not because + it was the Day of Sacrifices, but because it was the Day of Sacrifices too + long deferred. It was because the French aristocracy resisted reform in + 1783, that they were unable to resist revolution in 1789. It was because + they clung too long to odious exemptions and distinctions, that they were + at last unable to serve their lands, their mansions, their heads. They + would not endure Turgot: and they had to endure Robespierre. + </p> + <p> + I am far indeed from wishing that the Members of this House should be + influenced by fear in the bad and unworthy sense of that word. But there + is an honest and honourable fear, which well becomes those who are + intrusted with the dearest interests of a great community; and to that + fear I am not ashamed to make an earnest appeal. It is very well to talk + of confronting sedition boldly, and of enforcing the law against those who + would disturb the public peace. No doubt a tumult caused by local and + temporary irritation ought to be suppressed with promptitude and vigour. + Such disturbances, for example, as those which Lord George Gordon raised + in 1780, should be instantly put down with the strong hand. But woe to the + Government which cannot distinguish between a nation and a mob! Woe to the + Government which thinks that a great, a steady, a long continued movement + of the public mind is to be stopped like a street riot! This error has + been twice fatal to the great House of Bourbon. God be praised, our rulers + have been wiser. The golden opportunity which, if once suffered to escape, + might never have been retrieved, has been seized. Nothing, I firmly + believe, can now prevent the passing of this noble law, this second Bill + of Rights. ["Murmurs."] Yes, I call it, and the nation calls it, and our + posterity will long call it, this second Bill of Rights, this Greater + Charter of the Liberties of England. The year 1831 will, I trust, exhibit + the first example of the manner in which it behoves a free and enlightened + people to purify their polity from old and deeply seated abuses, without + bloodshed, without violence, without rapine, all points freely debated, + all the forms of senatorial deliberation punctiliously observed, industry + and trade not for a moment interrupted, the authority of law not for a + moment suspended. These are things of which we may well be proud. These + are things which swell the heart up with a good hope for the destinies of + mankind. I cannot but anticipate a long series of happy years; of years + during which a parental Government will be firmly supported by a grateful + nation: of years during which war, if war should be inevitable, will find + us an united people; of years pre-eminently distinguished by the progress + of arts, by the improvement of laws, by the augmentation of the public + resources, by the diminution of the public burdens, by all those victories + of peace, in which, far more than in any military successes, consists the + true felicity of states, and the true glory of statesmen. With such hopes, + Sir, and such feelings, I give my cordial assent to the second reading of + a bill which I consider as in itself deserving of the warmest approbation, + and as indispensably necessary, in the present temper of the public mind, + to the repose of the country and to the stability of the throne. + </p> + <hr /> + <p> + <a name="link2H_4_0007" id="link2H_4_0007"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PARLIAMENTARY REFORM. (SEPTEMBER 20, 1831) A SPEECH DELIVERED IN THE HOUSE + OF COMMONS ON THE 20TH OF SEPTEMBER 1831. + </h2> + <p> + On Monday, the nineteenth of September, 1831, the Bill to amend the + representation of the people in England and Wales was read a third time, + at an early hour and in a thin house, without any debate. But on the + question whether the Bill should pass a discussion arose which lasted + three nights. On the morning of the twenty-second of September the House + divided; and the Bill passed by 345 votes to 236. The following Speech was + made on the second night of the debate. + </p> + <p> + It is not without great diffidence, Sir, that I rise to address you on a + subject which has been nearly exhausted. Indeed, I should not have risen + had I not thought that, though the arguments on this question are for the + most part old, our situation at present is in a great measure new. At + length the Reform Bill, having passed without vital injury through all the + dangers which threatened it, during a long and minute discussion, from the + attacks of its enemies and from the dissensions of its friends, comes + before us for our final ratification, altered, indeed, in some of its + details for the better, and in some for the worse, but in its great + principles still the same bill which, on the first of March, was proposed + to the late Parliament, the same bill which was received with joy and + gratitude by the whole nation, the same bill which, in an instant, took + away the power of interested agitators, and united in one firm body all + the sects of sincere Reformers, the same bill which, at the late election, + received the approbation of almost every great constituent body in the + empire. With a confidence which discussion has only strengthened, with an + assured hope of great public blessings if the wish of the nation shall be + gratified, with a deep and solemn apprehension of great public calamities + if that wish shall be disappointed, I, for the last time, give my most + hearty assent to this noble law, destined, I trust, to be the parent of + many good laws, and, through a long series of years, to secure the repose + and promote the prosperity of my country. + </p> + <p> + When I say that I expect this bill to promote the prosperity of the + country, I by no means intend to encourage those chimerical hopes which + the honourable and learned Member for Rye (Mr Pemberton.), who has so much + distinguished himself in this debate, has imputed to the Reformers. The + people, he says, are for the bill, because they expect that it will + immediately relieve all their distresses. Sir, I believe that very few of + that large and respectable class which we are now about to admit to a + share of political power entertain any such absurd expectation. They + expect relief, I doubt not; and I doubt not that they will find it: but + sudden relief they are far too wise to expect. The bill, says the + honourable and learned gentleman, is good for nothing: it is merely + theoretical: it removes no real and sensible evil: it will not give the + people more work, or higher wages, or cheaper bread. Undoubtedly, Sir, the + bill will not immediately give all those things to the people. But will + any institutions give them all those things? Do the present institutions + of the country secure to them those advantages? If we are to pronounce the + Reform Bill good for nothing, because it will not at once raise the nation + from distress to prosperity, what are we to say of that system under which + the nation has been of late sinking from prosperity into distress? The + defect is not in the Reform Bill, but in the very nature of government. On + the physical condition of the great body of the people, government acts + not as a specific, but as an alternative. Its operation is powerful, + indeed, and certain, but gradual and indirect. The business of government + is not directly to make the people rich; and a government which attempts + more than this is precisely the government which is likely to perform + less. Governments do not and cannot support the people. We have no + miraculous powers: we have not the rod of the Hebrew lawgiver: we cannot + rain down bread on the multitude from Heaven: we cannot smite the rock and + give them to drink. We can give them only freedom to employ their industry + to the best advantage, and security in the enjoyment of what their + industry has acquired. These advantages it is our duty to give at the + smallest possible cost. The diligence and forethought of individuals will + thus have fair play; and it is only by the diligence and forethought of + individuals that the community can become prosperous. I am not aware that + His Majesty's Ministers, or any of the supporters of this bill, have + encouraged the people to hope, that Reform will remove distress, in any + other way than by this indirect process. By this indirect process the bill + will, I feel assured, conduce to the national prosperity. If it had been + passed fifteen years ago, it would have saved us from our present + embarrassments. If we pass it now, it will gradually extricate us from + them. It will secure to us a House of Commons, which, by preserving peace, + by destroying monopolies, by taking away unnecessary public burthens, by + judiciously distributing necessary public burthens, will, in the progress + of time, greatly improve our condition. This it will do; and those who + blame it for not doing more blame it for not doing what no Constitution, + no code of laws, ever did or ever will do; what no legislator, who was not + an ignorant and unprincipled quack, ever ventured to promise. + </p> + <p> + But chimerical as are the hopes which the honourable and learned Member + for Rye imputes to the people, they are not, I think, more chimerical than + the fears which he has himself avowed. Indeed, those very gentlemen who + are constantly telling us that we are taking a leap in the dark, that we + pay no attention to the lessons of experience, that we are mere theorists, + are themselves the despisers of experience, are themselves the mere + theorists. They are terrified at the thought of admitting into Parliament + members elected by ten pound householders. They have formed in their own + imaginations a most frightful idea of these members. My honourable and + learned friend, the Member for Cockermouth (Sir James Scarlett.), is + certain that these members will take every opportunity of promoting the + interests of the journeyman in opposition to those of the capitalist. The + honourable and learned Member for Rye is convinced that none but persons + who have strong local connections, will ever be returned for such + constituent bodies. My honourable friend, the Member for Thetford (Mr + Alexander Baring.), tells us, that none but mob orators, men who are + willing to pay the basest court to the multitude, will have any chance. + Other speakers have gone still further, and have described to us the + future borough members as so many Marats and Santerres, low, fierce, + desperate men, who will turn the House into a bear-garden, and who will + try to turn the monarchy into a republic, mere agitators, without honour, + without sense, without education, without the feelings or the manners of + gentlemen. Whenever, during the course of the fatiguing discussions by + which we have been so long occupied, there has been a cry of "question," + or a noise at the bar, the orator who has been interrupted has remarked, + that such proceedings will be quite in place in the Reformed Parliament, + but that we ought to remember that the House of Commons is still an + assembly of gentlemen. This, I say, is to set up mere theory, or rather + mere prejudice, in opposition to long and ample experience. Are the + gentlemen who talk thus ignorant that we have already the means of judging + what kind of men the ten pound householders will send up to parliament? + Are they ignorant that there are even now large towns with very popular + franchises, with franchises even more democratic than those which will be + bestowed by the present bill? Ought they not, on their own principles, to + look at the results of the experiments which have already been made, + instead of predicting frightful calamities at random? How do the facts + which are before us agree with their theories? Nottingham is a city with a + franchise even more democratic than that which this bill establishes. Does + Nottingham send hither mere vulgar demagogues? It returns two + distinguished men, one an advocate, the other a soldier, both unconnected + with the town. Every man paying scot and lot has a vote at Leicester. This + is a lower franchise than the ten pound franchise. Do we find that the + Members for Leicester are the mere tools of the journeymen? I was at + Leicester during the contest of 1826; and I recollect that the suffrages + of the scot and lot voters were pretty equally divided between two + candidates, neither of them connected with the place, neither of them a + slave of the mob, one a Tory Baronet from Derbyshire, the other a most + respectable and excellent friend of mine, connected with the manufacturing + interest, and also an inhabitant of Derbyshire. Look at Norwich. Look at + Northampton, with a franchise more democratic than even the scot and lot + franchise. Northampton formerly returned Mr Perceval, and now returns + gentlemen of high respectability, gentlemen who have a great stake in the + prosperity and tranquillity of the country. Look at the metropolitan + districts. This is an a fortiori case. Nay it is—the expression, I + fear, is awkward—an a fortiori case at two removes. The ten pound + householders of the metropolis are persons in a lower station of life than + the ten pound householders of other towns. The scot and lot franchise in + the metropolis is again lower than the ten pound franchise. Yet have + Westminster and Southwark been in the habit of sending us members of whom + we have had reason to be ashamed, of whom we have not had reason to be + proud? I do not say that the inhabitants of Westminster and Southwark have + always expressed their political sentiments with proper moderation. That + is not the question. The question is this: what kind of men have they + elected? The very principle of all Representative government is, that men + who do not judge well of public affairs may be quite competent to choose + others who will judge better. Whom, then, have Westminster and Southwark + sent us during the last fifty years, years full of great events, years of + intense popular excitement? Take any one of those nomination boroughs, the + patrons of which have conscientiously endeavoured to send fit men into + this House. Compare the Members for that borough with the Members for + Westminster and Southwark; and you will have no doubt to which the + preference is due. It is needless to mention Mr Fox, Mr Sheridan, Mr + Tierney, Sir Samuel Romilly. Yet I must pause at the name of Sir Samuel + Romilly. Was he a mob orator? Was he a servile flatterer of the multitude? + Sir, if he had any fault, if there was any blemish on that most serene and + spotless character, that character which every public man, and especially + every professional man engaged in politics, ought to propose to himself as + a model, it was this, that he despised popularity too much and too + visibly. The honourable Member for Thetford told us that the honourable + and learned Member for Rye, with all his talents, would have no chance of + a seat in the Reformed Parliament, for want of the qualifications which + succeed on the hustings. Did Sir Samuel Romilly ever appear on the + hustings of Westminster? He never solicited one vote; he never showed + himself to the electors, till he had been returned at the head of the + poll. Even then, as I have heard from one of his nearest relatives, it was + with reluctance that he submitted to be chaired. He shrank from being made + a show. He loved the people, and he served them; but Coriolanus himself + was not less fit to canvass them. I will mention one other name, that of a + man of whom I have only a childish recollection, but who must have been + intimately known to many of those who hear me, Mr Henry Thornton. He was a + man eminently upright, honourable, and religious, a man of strong + understanding, a man of great political knowledge; but, in all respects, + the very reverse of a mob orator. He was a man who would not have yielded + to what he considered as unreasonable clamour, I will not say to save his + seat, but to save his life. Yet he continued to represent Southwark, + Parliament after Parliament, for many years. Such has been the conduct of + the scot and lot voters of the metropolis; and there is clearly less + reason to expect democratic violence from ten pound householders than from + scot and lot householders; and from ten pound householders in the country + towns than from ten pound householders in London. Experience, I say, + therefore, is on our side; and on the side of our opponents nothing but + mere conjecture and mere assertion. + </p> + <p> + Sir, when this bill was first brought forward, I supported it, not only on + the ground of its intrinsic merits, but, also, because I was convinced + that to reject it would be a course full of danger. I believe that the + danger of that course is in no respect diminished. I believe, on the + contrary, that it is increased. We are told that there is a reaction. The + warmth of the public feeling, it seems, has abated. In this story both the + sections of the party opposed to Reform are agreed; those who hate Reform, + because it will remove abuses, and those who hate it, because it will vert + anarchy; those who wish to see the electing body controlled by ejectments, + and those who wish to see it controlled by riots. They must now, I think, + be undeceived. They must have already discovered that the surest way to + prevent a reaction is to talk about it, and that the enthusiasm of the + people is at once rekindled by any indiscreet mention of their seeming + coolness. This, Sir, is not the first reaction which the sagacity of the + Opposition has discovered since the Reform Bill was brought in. Every + gentleman who sat in the late Parliament, every gentleman who, during the + sitting of the late Parliament, paid attention to political speeches and + publications, must remember how, for some time before the debate on + General Gascoyne's motion, and during the debate on that motion, and down + to the very day of the dissolution, we were told that public feeling had + cooled. The right honourable Baronet, the member for Tamworth, told us so. + All the literary organs of the Opposition, from the Quarterly Review down + to the Morning Post, told us so. All the Members of the Opposition with + whom we conversed in private told us so. I have in my eye a noble friend + of mine, who assured me, on the very night which preceded the dissolution, + that the people had ceased to be zealous for the Ministerial plan, and + that we were more likely to lose than to gain by the elections. The appeal + was made to the people; and what was the result? What sign of a reaction + appeared among the Livery of London? What sign of a reaction did the + honourable Baronet who now represents Okehampton find among the + freeholders of Cornwall? (Sir Richard Vyvyan.) How was it with the large + represented towns? Had Liverpool cooled? or Bristol? or Leicester? or + Coventry? or Nottingham? or Norwich? How was it with the great seats of + manufacturing industry, Yorkshire, and Lancashire, and Staffordshire, and + Warwickshire, and Cheshire? How was it with the agricultural districts, + Northumberland and Cumberland, Leicestershire and Lincolnshire, Kent and + Essex, Oxfordshire, Hampshire, Somersetshire, Dorsetshire, Devonshire? How + was it with the strongholds of aristocratical influence, Newark, and + Stamford, and Hertford, and St Alban's? Never did any people display, + within the limits prescribed by law, so generous a fervour, or so + steadfast a determination, as that very people whose apparent languor had + just before inspired the enemies of Reform with a delusive hope. + </p> + <p> + Such was the end of the reaction of April; and, if that lesson shall not + profit those to whom it was given, such and yet more signal will be the + end of the reaction of September. The two cases are strictly analogous. In + both cases the people were eager when they believed the bill to be in + danger, and quiet when they believed it to be in security. During the + three or four weeks which followed the promulgation of the Ministerial + plan, all was joy, and gratitude, and vigorous exertion. Everywhere + meetings were held: everywhere resolutions were passed: from every quarter + were sent up petitions to this House, and addresses to the Throne: and + then the nation, having given vent to its first feelings of delight, + having clearly and strongly expressed its opinions, having seen the + principle of the bill adopted by the House of Commons on the second + reading, became composed, and awaited the result with a tranquillity which + the Opposition mistook for indifference. All at once the aspect of affairs + changed. General Gascoyne's amendment was carried: the bill was again in + danger: exertions were again necessary. Then was it well seen whether the + calmness of the public mind was any indication of indifference. The depth + and sincerity of the prevailing sentiments were proved, not by mere + talking, but by actions, by votes, by sacrifices. Intimidation was defied: + expenses were rejected: old ties were broken: the people struggled + manfully: they triumphed gloriously: they placed the bill in perfect + security, as far as this house was concerned; and they returned to their + repose. They are now, as they were on the eve of General Gascoyne's + motion, awaiting the issue of the deliberations of Parliament, without any + indecent show of violence, but with anxious interest and immovable + resolution. And because they are not exhibiting that noisy and rapturous + enthusiasm which is in its own nature transient, because they are not as + much excited as on the day when the plan of the Government was first made + known to them, or on the day when the late Parliament was dissolved, + because they do not go on week after week, hallooing, and holding + meetings, and marching about with flags, and making bonfires, and + illuminating their houses, we are again told that there is a reaction. To + such a degree can men be deceived by their wishes, in spite of their own + recent experience. Sir, there is no reaction; and there will be no + reaction. All that has been said on this subject convinces me only that + those who are now, for the second time, raising this cry, know nothing of + the crisis in which they are called on to act, or of the nation which they + aspire to govern. All their opinions respecting this bill are founded on + one great error. They imagine that the public feeling concerning Reform is + a mere whim which sprang up suddenly out of nothing, and which will as + suddenly vanish into nothing. They, therefore, confidently expect a + reaction. They are always looking out for a reaction. Everything that they + see, or that they hear, they construe into a sign of the approach of this + reaction. They resemble the man in Horace, who lies on the bank of the + river, expecting that it will every moment pass by and leave him a clear + passage, not knowing the depth and abundance of the fountain which feeds + it, not knowing that it flows, and will flow on for ever. They have found + out a hundred ingenious devices by which they deceive themselves. + Sometimes they tell us that the public feeling about Reform was caused by + the events which took place at Paris about fourteen months ago; though + every observant and impartial man knows, that the excitement which the + late French revolution produced in England was not the cause but the + effect of that progress which liberal opinions had made amongst us. + Sometimes they tell us that we should not have been troubled with any + complaints on the subject of the Representation, if the House of Commons + had agreed to a certain motion, made in the session of 1830, for inquiry + into the causes of the public distress. I remember nothing about that + motion, except that it gave rise to the dullest debate ever known; and the + country, I am firmly convinced, cared not one straw about it. But is it + not strange that men of real ability can deceive themselves so grossly, as + to think that any change in the government of a foreign nation, or the + rejection of any single motion, however popular, could all at once raise + up a great, rich, enlightened nation, against its ancient institutions? + Could such small drops have produced an overflowing, if the vessel had not + already been filled to the very brim? These explanations are incredible, + and if they were credible, would be anything but consolatory. If it were + really true that the English people had taken a sudden aversion to a + representative system which they had always loved and admired, because a + single division in Parliament had gone against their wishes, or because, + in a foreign country, in circumstances bearing not the faintest analogy to + those in which we are placed, a change of dynasty had happened, what hope + could we have for such a nation of madmen? How could we expect that the + present form of government, or any form of government, would be durable + amongst them? + </p> + <p> + Sir, the public feeling concerning Reform is of no such recent origin, and + springs from no such frivolous causes. Its first faint commencement may be + traced far, very far, back in our history. During seventy years that + feeling has had a great influence on the public mind. Through the first + thirty years of the reign of George the Third, it was gradually + increasing. The great leaders of the two parties in the State were + favourable to Reform. Plans of reform were supported by large and most + respectable minorities in the House of Commons. The French Revolution, + filling the higher and middle classes with an extreme dread of change, and + the war calling away the public attention from internal to external + politics, threw the question back; but the people never lost sight of it. + Peace came, and they were at leisure to think of domestic improvements. + Distress came, and they suspected, as was natural, that their distress was + the effect of unfaithful stewardship and unskilful legislation. An opinion + favourable to Parliamentary Reform grew up rapidly, and became strong + among the middle classes. But one tie, one strong tie, still bound those + classes to the Tory party. I mean the Catholic Question. It is impossible + to deny that, on that subject, a large proportion, a majority, I fear, of + the middle class of Englishmen, conscientiously held opinions opposed to + those which I have always entertained, and were disposed to sacrifice + every other consideration to what they regarded as a religious duty. Thus + the Catholic Question hid, so to speak, the question of Parliamentary + Reform. The feeling in favour of Parliamentary Reform grew, but it grew in + the shade. Every man, I think, must have observed the progress of that + feeling in his own social circle. But few Reform meetings were held, and + few petitions in favour of Reform presented. At length the Catholics were + emancipated; the solitary link of sympathy which attached the people to + the Tories was broken; the cry of "No Popery" could no longer be opposed + to the cry of "Reform." That which, in the opinion of the two great + parties in Parliament, and of a vast portion of the community, had been + the first question, suddenly disappeared; and the question of + Parliamentary Reform took the first place. Then was put forth all the + strength which had been growing in silence and obscurity. Then it appeared + that Reform had on its side a coalition of interests and opinions + unprecedented in our history, all the liberality and intelligence which + had supported the Catholic claims, and all the clamour which had opposed + them. + </p> + <p> + This, I believe, is the true history of that public feeling on the subject + of Reform which had been ascribed to causes quite inadequate to the + production of such an effect. If ever there was in the history of mankind + a national sentiment which was the very opposite of a caprice, with which + accident had nothing to do, which was produced by the slow, steady, + certain progress of the human mind, it is the sentiment of the English + people on the subject of Reform. Accidental circumstances may have brought + that feeling to maturity in a particular year, or a particular month. That + point I will not dispute; for it is not worth disputing. But those + accidental circumstances have brought on Reform, only as the circumstance + that, at a particular time, indulgences were offered for sale in a + particular town in Saxony, brought on the great separation from the Church + of Rome. In both cases the public mind was prepared to move on the + slightest impulse. + </p> + <p> + Thinking thus of the public opinion concerning Reform, being convinced + that this opinion is the mature product of time and of discussion, I + expect no reaction. I no more expect to see my countrymen again content + with the mere semblance of a Representation, than to see them again + drowning witches or burning heretics, trying causes by red hot + ploughshares, or offering up human sacrifices to wicker idols. I no more + expect a reaction in favour of Gatton and Old Sarum, than a reaction in + favour of Thor and Odin. I should think such a reaction almost as much a + miracle as that the shadow should go back upon the dial. Revolutions + produced by violence are often followed by reactions; the victories of + reason once gained, are gained for eternity. + </p> + <p> + In fact, if there be, in the present aspect of public affairs, any sign + peculiarly full of evil omen to the opponents of Reform, it is that very + calmness of the public mind on which they found their expectation of + success. They think that it is the calmness of indifference. It is the + calmness of confident hope: and in proportion to the confidence of hope + will be the bitterness of disappointment. Disappointment, indeed, I do not + anticipate. That we are certain of success in this House is now + acknowledged; and our opponents have, in consequence, during the whole of + this Session, and particularly during the present debate, addressed their + arguments and exhortations rather to the Lords than to the assembly of + which they are themselves Members. Their principal argument has always + been, that the bill will destroy the peerage. The honourable and learned + Member for Rye has, in plain terms, called on the Barons of England to + save their order from democratic encroachments, by rejecting this measure. + All these arguments, all these appeals, being interpreted, mean this: + "Proclaim to your countrymen that you have no common interests with them, + no common sympathies with them; that you can be powerful only by their + weakness, and exalted only by their degradation; that the corruption which + disgusts them, and the oppression against which their spirit rises up, are + indispensable to your authority; that the freedom and purity of election + are incompatible with the very existence of your House. Give them clearly + to understand that your power rests, not as they have hitherto imagined, + on their rational convictions, or on their habitual veneration, or on your + own great property, but on a system fertile of political evils, fertile + also of low iniquities of which ordinary justice take cognisance. Bind up, + in inseparable union, the privileges of your estate with the grievances of + ours: resolve to stand or fall with abuses visibly marked out for + destruction: tell the people that they are attacking you in attacking the + three holes in the wall, and that they shall never get rid of the three + holes in the wall, till they have got rid of you; that a hereditary + peerage and a representative assembly, can co-exist only in name, and + that, if they will have a real House of Peers, they must be content with a + mock House of Commons." This, I say, is the advice given to the Lords by + those who call themselves the friends of aristocracy. That advice so + pernicious will not be followed, I am well assured; yet I cannot but + listen to it with uneasiness. I cannot but wonder that it should proceed + from the lips of men who are constantly lecturing us on the duty of + consulting history and experience. Have they never heard what effects + counsels like their own, when too faithfully followed, have produced? Have + they never visited that neighbouring country, which still presents to the + eye, even of a passing stranger, the signs of a great dissolution and + renovation of society? Have they never walked by those stately mansions, + now sinking into decay, and portioned out into lodging rooms, which line + the silent streets of the Faubourg St Germain? Have they never seen the + ruins of those castles whose terraces and gardens overhang the Loire? Have + they never heard that from those magnificent hotels, from those ancient + castles, an aristocracy as splendid, as brave, as proud, as accomplished, + as ever Europe saw, was driven forth to exile and beggary, to implore the + charity of hostile Governments and hostile creeds, to cut wood in the back + settlements of America, or to teach French in the schoolrooms of London? + And why were those haughty nobles destroyed with that utter destruction? + Why were they scattered over the face of the earth, their titles + abolished, their escutcheons defaced, their parks wasted, their palaces + dismantled, their heritage given to strangers? Because they had no + sympathy with the people, no discernment of the signs of their time; + because, in the pride and narrowness of their hearts, they called those + whose warnings might have saved them theorists and speculators; because + they refused all concession till the time had arrived when no concession + would avail. I have no apprehension that such a fate awaits the nobles of + England. I draw no parallel between our aristocracy and that of France. + Those who represent the peerage as a class whose power is incompatible + with the just influence of the people in the State, draw that parallel, + and not I. They do all in their power to place the Lords and Commons of + England in that position with respect to each other in which the French + gentry stood with respect to the Third Estate. But I am convinced that + these advisers will not succeed. We see, with pride and delight, among the + friends of the people, the Talbots, the Cavendishes, the princely house of + Howard. Foremost among those who have entitled themselves, by their + exertions in this House, to the lasting gratitude of their countrymen, we + see the descendants of Marlborough, of Russell, and of Derby. I hope, and + firmly believe, that the Lords will see what their interests and their + honour require. I hope, and firmly believe, that they will act in such a + manner as to entitle themselves to the esteem and affection of the people. + But if not, let not the enemies of Reform imagine that their reign is + straightway to recommence, or that they have obtained anything more than a + short and uneasy respite. We are bound to respect the constitutional + rights of the Peers; but we are bound also not to forget our own. We, too, + have our privileges; we, too, are an estate of the realm. A House of + Commons strong in the love and confidence of the people, a House of + Commons which has nothing to fear from a dissolution, is something in the + government. Some persons, I well know, indulge a hope that the rejection + of the bill will at once restore the domination of that party which fled + from power last November, leaving everything abroad and everything at home + in confusion; leaving the European system, which it had built up at a vast + cost of blood and treasure, falling to pieces in every direction; leaving + the dynasties which it had restored, hastening into exile; leaving the + nations which it had joined together, breaking away from each other; + leaving the fundholders in dismay; leaving the peasantry in insurrection; + leaving the most fertile counties lighted up with the fires of + incendiaries; leaving the capital in such a state, that a royal procession + could not pass safely through it. Dark and terrible, beyond any season + within my remembrance of political affairs, was the day of their flight. + Far darker and far more terrible will be the day of their return. They + will return in opposition to the whole British nation, united as it was + never before united on any internal question; united as firmly as when the + Armada was sailing up the Channel; united as firmly as when Bonaparte + pitched his camp on the cliffs of Boulogne. They will return pledged to + defend evils which the people are resolved to destroy. They will return to + a situation in which they can stand only by crushing and trampling down + public opinion, and from which, if they fall, they may, in their fall, + drag down with them the whole frame of society. Against such evils, should + such evils appear to threaten the country, it will be our privilege and + our duty to warn our gracious and beloved Sovereign. It will be our + privilege and our duty to convey the wishes of a loyal people to the + throne of a patriot king. At such a crisis the proper place for the House + of Commons is in front of the nation; and in that place this House will + assuredly be found. Whatever prejudice or weakness may do elsewhere to + ruin the empire, here, I trust, will not be wanting the wisdom, the + virtue, and the energy that may save it. + </p> + <hr /> + <p> + <a name="link2H_4_0008" id="link2H_4_0008"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PARLIAMENTARY REFORM. (OCTOBER 10, 1831) A SPEECH DELIVERED IN THE HOUSE + OF COMMONS ON THE 10TH OF OCTOBER, 1831. + </h2> + <p> + On the morning of Saturday, the eighth of October, 1831, the House of + Lords, by a majority of 190 to 158, rejected the Reform Bill. On the + Monday following, Lord Ebrington, member for Devonshire, moved the + following resolution in the House of Commons: + </p> + <p> + "That while this House deeply laments the present fate of a bill for + amending the representation of the people in England and Wales, in favour + of which the opinion of the country stands unequivocally pronounced, and + which has been matured by discussions the most anxious and laborious, it + feels itself called upon to reassert its firm adherence to the principle + and leading provisions of that great measure, and to express its unabated + confidence in the integrity, perseverance, and ability of those Ministers, + who, in introducing and conducting it, have so well consulted the best + interests of the country." + </p> + <p> + The resolution was carried by 329 votes to 198. The following speech was + made early in the debate. + </p> + <p> + I doubt, Sir, whether any person who had merely heard the speech of the + right honourable Member for the University of Cambridge (Mr Goulburn.) + would have been able to conjecture what the question is on which we are + discussing, and what the occasion on which we are assembled. For myself, I + can with perfect certainty declare that never in the whole course of my + life did I feel my mind oppressed by so deep and solemn a sense of + responsibility as at the present moment. I firmly believe that the country + is now in danger of calamities greater than ever threatened it, from + domestic misgovernment or from foreign hostility. The danger is no less + than this, that there may be a complete alienation of the people from + their rulers. To soothe the public mind, to reconcile the people to the + delay, the short delay, which must intervene before their wishes can be + legitimately gratified, and in the meantime to avert civil discord, and to + uphold the authority of law, these are, I conceive, the objects of my + noble friend, the Member for Devonshire: these ought, at the present + crisis, to be the objects of every honest Englishman. They are objects + which will assuredly be attained, if we rise to this great occasion, if we + take our stand in the place which the Constitution has assigned to us, if + we employ, with becoming firmness and dignity, the powers which belong to + us as trustees of the nation, and as advisers of the Throne. + </p> + <p> + Sir, the Resolution of my noble friend consists of two parts. He calls + upon us to declare our undiminished attachment to the principles of the + Reform Bill, and also our undiminished confidence in His Majesty's + Ministers. I consider these two declarations as identical. The question of + Reform is, in my opinion, of such paramount importance, that, approving + the principles of the Ministerial Bill, I must think the Ministers who + have brought that bill forward, although I may differ from them on some + minor points, entitled to the strongest support of Parliament. The right + honourable gentleman, the Member for the University of Cambridge, has + attempted to divert the course of the debate to questions comparatively + unimportant. He has said much about the coal duty, about the candle duty, + about the budget of the present Chancellor of the Exchequer. On most of + the points to which he has referred, it would be easy for me, were I so + inclined, to defend the Ministers; and where I could not defend them, I + should find it easy to recriminate on those who preceded them. The right + honourable Member for the University of Cambridge has taunted the + Ministers with the defeat which their plan respecting the timber trade + sustained in the last Parliament. I might, perhaps, at a more convenient + season, be tempted to inquire whether that defeat was more disgraceful to + them or to their predecessors. I might, perhaps, be tempted to ask the + right honourable gentleman whether, if he had not been treated, while in + office, with more fairness than he has shown while in opposition, it would + have been in his power to carry his best bill, the Beer Bill? He has + accused the Ministers of bringing forward financial propositions, and then + withdrawing those propositions. Did not he bring forward, during the + Session of 1830, a plan respecting the sugar duties? And was not that plan + withdrawn? But, Sir, this is mere trifling. I will not be seduced from the + matter in hand by the right honourable gentleman's example. At the present + moment I can see only one question in the State, the question of Reform; + only two parties, the friends of the Reform Bill and its enemies. + </p> + <p> + It is not my intention, Sir, again to discuss the merits of the Reform + Bill. The principle of that bill received the approbation of the late + House of Commons after a discussion of ten nights; and the bill as it now + stands, after a long and most laborious investigation, passed the present + House of Commons by a majority which was nearly half as large again as the + minority. This was little more than a fortnight ago. Nothing has since + occurred to change our opinion. The justice of the case is unaltered. The + public enthusiasm is undiminished. Old Sarum has grown no larger. + Manchester has grown no smaller. In addressing this House, therefore, I am + entitled to assume that the bill is in itself a good bill. If so, ought we + to abandon it merely because the Lords have rejected it? We ought to + respect the lawful privileges of their House; but we ought also to assert + our own. We are constitutionally as independent of their Lordships as + their Lordships are of us. We have precisely as good a right to adhere to + our opinion as they have to dissent from it. In speaking of their + decision, I will attempt to follow that example of moderation which was so + judiciously set by my noble friend, the Member for Devonshire. I will only + say that I do not think that they are more competent to form a correct + judgment on a political question than we are. It is certain that, on all + the most important points on which the two Houses have for a long time + past differed, the Lords have at length come over to the opinion of the + Commons. I am therefore entitled to say, that with respect to all those + points, the Peers themselves being judges, the House of Commons was in the + right and the House of Lords in the wrong. It was thus with respect to the + Slave trade: it was thus with respect to Catholic Emancipation: it was + thus with several other important questions. I, therefore, cannot think + that we ought, on the present occasion, to surrender our judgment to those + who have acknowledged that, on former occasions of the same kind, we have + judged more correctly than they. + </p> + <p> + Then again, Sir, I cannot forget how the majority and the minority in this + House were composed; I cannot forget that the majority contained almost + all those gentlemen who are returned by large bodies of electors. It is, I + believe, no exaggeration to say, that there were single Members of the + majority who had more constituents than the whole minority put together. I + speak advisedly and seriously. I believe that the number of freeholders of + Yorkshire exceeds that of all the electors who return the Opposition. I + cannot with propriety comment here on any reports which may have been + circulated concerning the majority and minority in the House of Lords. I + may, however, mention these notoriously historical facts; that during the + last forty years the powers of the executive Government have been, almost + without intermission, exercised by a party opposed to Reform; and that a + very great number of Peers have been created, and all the present Bishops + raised to the bench during those years. On this question, therefore, while + I feel more than usual respect for the judgment of the House of Commons, I + feel less than usual respect for the judgment of the House of Lords. Our + decision is the decision of the nation; the decision of their Lordships + can scarcely be considered as the decision even of that class from which + the Peers are generally selected, and of which they may be considered as + virtual representatives, the great landed gentlemen of England. It seems + to me clear, therefore, that we ought, notwithstanding what has passed in + the other House, to adhere to our opinion concerning the Reform Bill. + </p> + <p> + The next question is this; ought we to make a formal declaration that we + adhere to our opinion? I think that we ought to make such a declaration; + and I am sure that we cannot make it in more temperate or more + constitutional terms than those which my noble friend asks us to adopt. I + support the Resolution which he has proposed with all my heart and soul: I + support it as a friend to Reform; but I support it still more as a friend + to law, to property, to social order. No observant and unprejudiced man + can look forward without great alarm to the effects which the recent + decision of the Lords may possibly produce. I do not predict, I do not + expect, open, armed insurrection. What I apprehend is this, that the + people may engage in a silent, but extensive and persevering war against + the law. What I apprehend is, that England may exhibit the same spectacle + which Ireland exhibited three years ago, agitators stronger than the + magistrate, associations stronger than the law, a Government powerful + enough to be hated, and not powerful enough to be feared, a people bent on + indemnifying themselves by illegal excesses for the want of legal + privileges. I fear, that we may before long see the tribunals defied, the + tax-gatherer resisted, public credit shaken, property insecure, the whole + frame of society hastening to dissolution. It is easy to say, "Be bold: be + firm: defy intimidation: let the law have its course: the law is strong + enough to put down the seditious." Sir, we have heard all this blustering + before; and we know in what it ended. It is the blustering of little men + whose lot has fallen on a great crisis. Xerxes scourging the winds, Canute + commanding the waves to recede from his footstool, were but types of the + folly of those who apply the maxims of the Quarter Sessions to the great + convulsions of society. The law has no eyes: the law has no hands: the law + is nothing, nothing but a piece of paper printed by the King's printer, + with the King's arms at the top, till public opinion breathes the breath + of life into the dead letter. We found this in Ireland. The Catholic + Association bearded the Government. The Government resolved to put down + the Association. An indictment was brought against my honourable and + learned friend, the Member for Kerry. The Grand Jury threw it out. + Parliament met. The Lords Commissioners came down with a speech + recommending the suppression of the self-constituted legislature of + Dublin. A bill was brought in: it passed both Houses by large majorities: + it received the Royal assent. And what effect did it produce? Exactly as + much as that old Act of Queen Elizabeth, still unrepealed, by which it is + provided that every man who, without a special exemption, shall eat meat + on Fridays and Saturdays, shall pay a fine of twenty shillings or go to + prison for a month. Not only was the Association not destroyed: its power + was not for one day suspended: it flourished and waxed strong under the + law which had been made for the purpose of annihilating it. The elections + of 1826, the Clare election two years later, proved the folly of those who + think that nations are governed by wax and parchment: and, at length, in + the close of 1828, the Government had only one plain choice before it, + concession or civil war. Sir, I firmly believe that, if the people of + England shall lose all hope of carrying the Reform Bill by constitutional + means, they will forthwith begin to offer to the Government the same kind + of resistance which was offered to the late Government, three years ago, + by the people of Ireland, a resistance by no means amounting to rebellion, + a resistance rarely amounting to any crime defined by the law, but a + resistance nevertheless which is quite sufficient to obstruct the course + of justice, to disturb the pursuits of industry, and to prevent the + accumulation of wealth. And is not this a danger which we ought to fear? + And is not this a danger which we are bound, by all means in our power, to + avert? And who are those who taunt us for yielding to intimidation? Who + are those who affect to speak with contempt of associations, and + agitators, and public meetings? Even the very persons who, scarce two + years ago, gave up to associations, and agitators, and public meetings, + their boasted Protestant Constitution, proclaiming all the time that they + saw the evils of Catholic Emancipation as strongly as ever. Surely, + surely, the note of defiance which is now so loudly sounded in our ears, + proceeds with a peculiarly bad grace from men whose highest glory it is + that they abased themselves to the dust before a people whom their policy + had driven to madness, from men the proudest moment of whose lives was + that in which they appeared in the character of persecutors scared into + toleration. Do they mean to indemnify themselves for the humiliation of + quailing before the people of Ireland by trampling on the people of + England? If so, they deceive themselves. The case of Ireland, though a + strong one, was by no means so strong a case as that with which we have + now to deal. The Government, in its struggle with the Catholics of + Ireland, had Great Britain at its back. Whom will it have at its back in + the struggle with the Reformers of Great Britain? I know only two ways in + which societies can permanently be governed, by public opinion, and by the + sword. A Government having at its command the armies, the fleets, and the + revenues of Great Britain, might possibly hold Ireland by the sword. So + Oliver Cromwell held Ireland; so William the Third held it; so Mr Pitt + held it; so the Duke of Wellington might perhaps have held it. But to + govern Great Britain by the sword! So wild a thought has never, I will + venture to say, occurred to any public man of any party; and, if any man + were frantic enough to make the attempt, he would find, before three days + had expired, that there is no better sword than that which is fashioned + out of a ploughshare. But, if not by the sword, how is the country to be + governed? I understand how the peace is kept at New York. It is by the + assent and support of the people. I understand also how the peace is kept + at Milan. It is by the bayonets of the Austrian soldiers. But how the + peace is to be kept when you have neither the popular assent nor the + military force, how the peace is to be kept in England by a Government + acting on the principles of the present Opposition, I do not understand. + </p> + <p> + There is in truth a great anomaly in the relation between the English + people and their Government. Our institutions are either too popular or + not popular enough. The people have not sufficient power in making the + laws; but they have quite sufficient power to impede the execution of the + laws when made. The Legislature is almost entirely aristocratical; the + machinery by which the degrees of the Legislature are carried into effect + is almost entirely popular; and, therefore, we constantly see all the + power which ought to execute the law, employed to counteract the law. + Thus, for example, with a criminal code which carries its rigour to the + length of atrocity, we have a criminal judicature which often carries its + lenity to the length of perjury. Our law of libel is the most absurdly + severe that ever existed, so absurdly severe that, if it were carried into + full effect, it would be much more oppressive than a censorship. And yet, + with this severe law of libel, we have a press which practically is as + free as the air. In 1819 the Ministers complained of the alarming increase + of seditious and blasphemous publications. They proposed a bill of great + rigour to stop the growth of the evil; and they carried their bill. It was + enacted, that the publisher of a seditious libel might, on a second + conviction, be banished, and that if he should return from banishment, he + might be transported. How often was this law put in force? Not once. Last + year we repealed it: but it was already dead, or rather it was dead born. + It was obsolete before Le Roi le veut had been pronounced over it. For any + effect which it produced it might as well have been in the Code Napoleon + as in the English Statute Book. And why did the Government, having + solicited and procured so sharp and weighty a weapon, straightway hang it + up to rust? Was there less sedition, were there fewer libels, after the + passing of the Act than before it? Sir, the very next year was the year + 1820, the year of the Bill of Pains and Penalties against Queen Caroline, + the very year when the public mind was most excited, the very year when + the public press was most scurrilous. Why then did not the Ministers use + their new law? Because they durst not: because they could not. They had + obtained it with ease; for in obtaining it they had to deal with a + subservient Parliament. They could not execute it: for in executing it + they would have to deal with a refractory people. These are instances of + the difficulty of carrying the law into effect when the people are + inclined to thwart their rulers. The great anomaly, or, to speak more + properly, the great evil which I have described, would, I believe, be + removed by the Reform Bill. That bill would establish harmony between the + people and the Legislature. It would give a fair share in the making of + laws to those without whose co-operation laws are mere waste paper. Under + a reformed system we should not see, as we now often see, the nation + repealing Acts of Parliament as fast as we and the Lords can pass them. As + I believe that the Reform Bill would produce this blessed and salutary + concord, so I fear that the rejection of the Reform Bill, if that + rejection should be considered as final, will aggravate the evil which I + have been describing to an unprecedented, to a terrible extent. To all the + laws which might be passed for the collection of the revenue, or for the + prevention of sedition, the people would oppose the same kind of + resistance by means of which they have succeeded in mitigating, I might + say in abrogating, the law of libel. There would be so many offenders that + the Government would scarcely know at whom to aim its blow. Every offender + would have so many accomplices and protectors that the blow would almost + always miss the aim. The Veto of the people, a Veto not pronounced in set + form like that of the Roman Tribunes, but quite as effectual as that of + the Roman Tribunes for the purpose of impeding public measures, would meet + the Government at every turn. The administration would be unable to + preserve order at home, or to uphold the national honour abroad; and, at + length, men who are now moderate, who now think of revolution with horror, + would begin to wish that the lingering agony of the State might be + terminated by one fierce, sharp, decisive crisis. + </p> + <p> + Is there a way of escape from these calamities? I believe that there is. I + believe that, if we do our duty, if we give the people reason to believe + that the accomplishment of their wishes is only deferred, if we declare + our undiminished attachment to the Reform Bill, and our resolution to + support no Minister who will not support that bill, we shall avert the + fearful disasters which impend over the country. There is danger that, at + this conjuncture, men of more zeal than wisdom may obtain a fatal + influence over the public mind. With these men will be joined others, who + have neither zeal nor wisdom, common barrators in politics, dregs of + society which, in times of violent agitation, are tossed up from the + bottom to the top, and which, in quiet times, sink again from the top to + their natural place at the bottom. To these men nothing is so hateful as + the prospect of a reconciliation between the orders of the State. A crisis + like that which now makes every honest citizen sad and anxious fills these + men with joy, and with a detestable hope. And how is it that such men, + formed by nature and education to be objects of mere contempt, can ever + inspire terror? How is it that such men, without talents or acquirements + sufficient for the management of a vestry, sometimes become dangerous to + great empires? The secret of their power lies in the indolence or + faithlessness of those who ought to take the lead in the redress of public + grievances. The whole history of low traders in sedition is contained in + that fine old Hebrew fable which we have all read in the Book of Judges. + The trees meet to choose a king. The vine, and the fig tree, and the olive + tree decline the office. Then it is that the sovereignty of the forest + devolves upon the bramble: then it is that from a base and noxious shrub + goes forth the fire which devours the cedars of Lebanon. Let us be + instructed. If we are afraid of political Unions and Reform Associations, + let the House of Commons become the chief point of political union: let + the House of Commons be the great Reform Association. If we are afraid + that the people may attempt to accomplish their wishes by unlawful means, + let us give them a solemn pledge that we will use in their cause all our + high and ancient privileges, so often victorious in old conflicts with + tyranny; those privileges which our ancestors invoked, not in vain, on the + day when a faithless king filled our house with his guards, took his seat, + Sir, on your chair, and saw your predecessor kneeling on the floor before + him. The Constitution of England, thank God, is not one of those + constitutions which are past all repair, and which must, for the public + welfare, be utterly destroyed. It has a decayed part; but it has also a + sound and precious part. It requires purification; but it contains within + itself the means by which that purification may be effected. We read that + in old times, when the villeins were driven to revolt by oppression, when + the castles of the nobility were burned to the ground, when the warehouses + of London were pillaged, when a hundred thousand insurgents appeared in + arms on Blackheath, when a foul murder perpetrated in their presence had + raised their passions to madness, when they were looking round for some + captain to succeed and avenge him whom they had lost, just then, before + Hob Miller, or Tom Carter, or Jack Straw, could place himself at their + head, the King rode up to them and exclaimed, "I will be your leader!" and + at once the infuriated multitude laid down their arms, submitted to his + guidance, dispersed at his command. Herein let us imitate him. Our + countrymen are, I fear, at this moment, but too much disposed to lend a + credulous ear to selfish impostors. Let us say to them, "We are your + leaders; we, your own house of Commons; we, the constitutional + interpreters of your wishes; the knights of forty English shires, the + citizens and burgesses of all your largest towns. Our lawful power shall + be firmly exerted to the utmost in your cause; and our lawful power is + such, that when firmly exerted in your cause, it must finally prevail." + This tone it is our interest and our duty to take. The circumstances admit + of no delay. Is there one among us who is not looking with breathless + anxiety for the next tidings which may arrive from the remote parts of the + kingdom? Even while I speak, the moments are passing away, the irrevocable + moments pregnant with the destiny of a great people. The country is in + danger: it may be saved: we can save it: this is the way: this is the + time. In our hands are the issues of great good and great evil, the issues + of the life and death of the State. May the result of our deliberations be + the repose and prosperity of that noble country which is entitled to all + our love; and for the safety of which we are answerable to our own + consciences, to the memory of future ages, to the Judge of all hearts! + </p> + <hr /> + <p> + <a name="link2H_4_0009" id="link2H_4_0009"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PARLIAMENTARY REFORM. (DECEMBER 16, 1831) A SPEECH DELIVERED IN THE HOUSE + OF COMMONS ON THE 16TH OF DECEMBER 1831. + </h2> + <p> + On Friday, the sixteenth of December 1831, Lord Althorpe moved the second + reading of the Bill to amend the representation of the people in England + and Wales. Lord Porchester moved, as an amendment, that the bill should be + read a second time that day six months. The debate lasted till after + midnight, and was then adjourned till twelve at noon. The House did not + divide till one on the Sunday morning. The amendment was then rejected by + 324 votes to 162; and the original motion was carried. The following + Speech was made on the first night of the debate. + </p> + <p> + I can assure my noble friend (Lord Mahon.), for whom I entertain + sentiments of respect and kindness which no political difference will, I + trust, ever disturb, that his remarks have given me no pain, except, + indeed, the pain which I feel at being compelled to say a few words about + myself. Those words shall be very few. I know how unpopular egotism is in + this House. My noble friend says that, in the debates of last March, I + declared myself opposed to the ballot, and that I have since recanted, for + the purpose of making myself popular with the inhabitants of Leeds. My + noble friend is altogether mistaken. I never said, in any debate, that I + was opposed to the ballot. The word ballot never passed my lips within + this House. I observed strict silence respecting it on two accounts; in + the first place, because my own opinions were, till very lately, + undecided; in the second place, because I knew that the agitation of that + question, a question of which the importance appears to me to be greatly + overrated, would divide those on whose firm and cordial union the safety + of the empire depends. My noble friend has taken this opportunity of + replying to a speech which I made last October. The doctrines which I then + laid down were, according to him, most intemperate and dangerous. Now, + Sir, it happens, curiously enough, that my noble friend has himself + asserted, in his speech of this night, those very doctrines, in language + so nearly resembling mine that I might fairly accuse him of plagiarism. I + said that laws have no force in themselves, and that, unless supported by + public opinion, they are a mere dead letter. The noble Lord has said + exactly the same thing to-night. "Keep your old Constitution," he + exclaims; "for, whatever may be its defects in theory, it has more of the + public veneration than your new Constitution will have; and no laws can be + efficient, unless they have the public veneration." I said, that statutes + are in themselves only wax and parchment; and I was called an incendiary + by the opposition. The noble Lord has said to-night that statutes in + themselves are only ink and parchment; and those very persons who reviled + me have enthusiastically cheered him. I am quite at a loss to understand + how doctrines which are, in his mouth, true and constitutional, can, in + mine, be false and revolutionary. + </p> + <p> + But, Sir, it is time that I should address myself to the momentous + question before us. I shall certainly give my best support to this bill, + through all its stages; and, in so doing, I conceive that I shall act in + strict conformity with the resolution by which this House, towards the + close of the late Session, declared its unabated attachment to the + principles and to the leading provisions of the First Reform Bill. All + those principles, all those leading provisions, I find in the present + measure. In the details there are, undoubtedly, considerable alterations. + Most of the alterations appear to me to be improvements; and even those + alterations which I cannot consider as in themselves improvements will yet + be most useful, if their effect shall be to conciliate opponents, and to + facilitate the adjustment of a question which, for the sake of order, for + the sake of peace, for the sake of trade, ought to be, not only + satisfactorily, but speedily settled. We have been told, Sir, that, if we + pronounce this bill to be a better bill than the last, we recant all the + doctrines which we maintained during the last Session, we sing our + palinode; we allow that we have had a great escape; we allow that our own + conduct was deserving of censure; we allow that the party which was the + minority in this House, and, most unhappily for the country, the majority + in the other House, has saved the country from a great calamity. Sir, even + if this charge were well founded, there are those who should have been + prevented by prudence, if not by magnanimity, from bringing it forward. I + remember an Opposition which took a very different course. I remember an + Opposition which, while excluded from power, taught all its doctrines to + the Government; which, after labouring long, and sacrificing much, in + order to effect improvements in various parts of our political and + commercial system, saw the honour of those improvements appropriated by + others. But the members of that Opposition had, I believe, a sincere + desire to promote the public good. They, therefore, raised no shout of + triumph over the recantations of their proselytes. They rejoiced, but with + no ungenerous joy, when their principles of trade, of jurisprudence, of + foreign policy, of religious liberty, became the principles of the + Administration. They were content that he who came into fellowship with + them at the eleventh hour should have a far larger share of the reward + than those who had borne the burthen and heat of the day. In the year + 1828, a single division in this House changed the whole policy of the + Government with respect to the Test and Corporation Acts. My noble friend, + the Paymaster of the Forces, then sat where the right honourable Baronet, + the member for Tamworth, now sits. I do not remember that, when the right + honourable Baronet announced his change of purpose, my noble friend sprang + up to talk about palinodes, to magnify the wisdom and virtue of the Whigs, + and to sneer at his new coadjutors. Indeed, I am not sure that the members + of the late Opposition did not carry their indulgence too far; that they + did not too easily suffer the fame of Grattan and Romilly to be + transferred to less deserving claimants; that they were not too ready, in + the joy with which they welcomed the tardy and convenient repentance of + their converts, to grant a general amnesty for the errors of the + insincerity of years. If it were true that we had recanted, this ought not + to be made matter of charge against us by men whom posterity will remember + by nothing but recantations. But, in truth, we recant nothing. We have + nothing to recant. We support this bill. We may possibly think it a better + bill than that which preceded it. But are we therefore bound to admit that + we were in the wrong, that the Opposition was in the right, that the House + of Lords has conferred a great benefit on the nation? We saw—who did + not see?—great defects in the first bill. But did we see nothing + else? Is delay no evil? Is prolonged excitement no evil? Is it no evil + that the heart of a great people should be made sick by deferred hope? We + allow that many of the changes which have been made are improvements. But + we think that it would have been far better for the country to have had + the last bill, with all its defects, than the present bill, with all its + improvements. Second thoughts are proverbially the best, but there are + emergencies which do not admit of second thoughts. There probably never + was a law which might not have been amended by delay. But there have been + many cases in which there would have been more mischief in the delay than + benefit in the amendments. The first bill, however inferior it may have + been in its details to the present bill, was yet herein far superior to + the present bill, than it was the first. If the first bill had passed, it + would, I firmly believe, have produced a complete reconciliation between + the aristocracy and the people. It is my earnest wish and prayer that the + present bill may produce this blessed effect; but I cannot say that my + hopes are so sanguine as they were at the beginning of the last Session. + The decision of the House of Lords has, I fear, excited in the public mind + feelings of resentment which will not soon be allayed. What then, it is + said, would you legislate in haste? Would you legislate in times of great + excitement concerning matters of such deep concern? Yes, Sir, I would: and + if any bad consequences should follow from the haste and the excitement, + let those be held answerable who, when there was no need of haste, when + there existed no excitement, refused to listen to any project of Reform, + nay, who made it an argument against Reform, that the public mind was not + excited. When few meetings were held, when few petitions were sent up to + us, these politicians said, "Would you alter a Constitution with which the + people are perfectly satisfied?" And now, when the kingdom from one end to + the other is convulsed by the question of Reform, we hear it said by the + very same persons, "Would you alter the Representative system in such + agitated times as these?" Half the logic of misgovernment lies in this one + sophistical dilemma: If the people are turbulent, they are unfit for + liberty: if they are quiet, they do not want liberty. + </p> + <p> + I allow that hasty legislation is an evil. I allow that there are great + objections to legislating in troubled times. But reformers are compelled + to legislate fast, because bigots will not legislate early. Reformers are + compelled to legislate in times of excitement, because bigots will not + legislate in times of tranquillity. If, ten years ago, nay, if only two + years ago, there had been at the head of affairs men who understood the + signs of the times and the temper of the nation, we should not have been + forced to hurry now. If we cannot take our time, it is because we have to + make up for their lost time. If they had reformed gradually, we might have + reformed gradually; but we are compelled to move fast, because they would + not move at all. + </p> + <p> + Though I admit, Sir, that this bill is in its details superior to the + former bill, I must say that the best parts of this bill, those parts for + the sake of which principally I support it, those parts for the sake of + which I would support it, however imperfect its details might be, are + parts which it has in common with the former bill. It destroys nomination; + it admits the great body of the middle orders to a share in the + government; and it contains provisions which will, as I conceive, greatly + diminish the expense of elections. + </p> + <p> + Touching the expense of elections I will say a few words, because that + part of the subject has not, I think, received so much attention as it + deserves. Whenever the nomination boroughs are attacked, the opponents of + Reform produce a long list of eminent men who have sate for those + boroughs, and who, they tell us, would never have taken any part in public + affairs but for those boroughs. Now, Sir, I suppose no person will + maintain that a large constituent body is likely to prefer ignorant and + incapable men to men of information and ability? Whatever objections there + may be to democratic institutions, it was never, I believe, doubted that + those institutions are favourable to the development of talents. We may + prefer the constitution of Sparta to that of Athens, or the constitution + of Venice to that of Florence: but no person will deny that Athens + produced more great men than Sparta, or that Florence produced more great + men than Venice. But to come nearer home: the five largest English towns + which have now the right of returning two members each by popular + election, are Westminster, Southwark, Liverpool, Bristol, and Norwich. Now + let us see what members those places have sent to Parliament. I will not + speak of the living, though among the living are some of the most + distinguished ornaments of the House. I will confine myself to the dead. + Among many respectable and useful members of Parliament, whom these towns + have returned, during the last half century, I find Mr Burke, Mr Fox, Mr + Sheridan, Mr Windham, Mr Tierney, Sir Samuel Romilly, Mr Canning, Mr + Huskisson. These were eight of the most illustrious parliamentary leaders + of the generation which is passing away from the world. Mr Pitt was, + perhaps, the only person worthy to make a ninth with them. It is, surely, + a remarkable circumstance that, of the nine most distinguished Members of + the House of Commons who have died within the last forty years, eight + should have been returned to Parliament by the five largest represented + towns. I am, therefore, warranted in saying that great constituent bodies + are quite as competent to discern merit, and quite as much disposed to + reward merit, as the proprietors of boroughs. It is true that some of the + distinguished statesmen whom I have mentioned would never have been known + to large constituent bodies if they had not first sate for nomination + boroughs. But why is this? Simply, because the expense of contesting + popular places, under the present system, is ruinously great. A poor man + cannot defray it; an untried man cannot expect his constituents to defray + it for him. And this is the way in which our Representative system is + defended. Corruption vouches corruption. Every abuse is made the plea for + another abuse. We must have nomination at Gatton because we have profusion + at Liverpool. Sir, these arguments convince me, not that no Reform is + required, but that a very deep and searching Reform is required. If two + evils serve in some respects to counterbalance each other, this is a + reason, not for keeping both, but for getting rid of both together. At + present you close against men of talents that broad, that noble entrance + which belongs to them, and which ought to stand wide open to them; and in + exchange you open to them a bye entrance, low and narrow, always obscure, + often filthy, through which, too often, they can pass only by crawling on + their hands and knees, and from which they too often emerge sullied with + stains never to be washed away. But take the most favourable case. Suppose + that the member who sits for a nomination borough owes his seat to a man + of virtue and honour, to a man whose service is perfect freedom, to a man + who would think himself degraded by any proof of gratitude which might + degrade his nominee. Yet is it nothing that such a member comes into this + House wearing the badge, though not feeling the chain of servitude? Is it + nothing that he cannot speak of his independence without exciting a smile? + Is it nothing that he is considered, not as a Representative, but as an + adventurer? This is what your system does for men of genius. It admits + them to political power, not as, under better institutions, they would be + admitted to power, erect, independent, unsullied; but by means which + corrupt the virtue of many, and in some degree diminish the authority of + all. Could any system be devised, better fitted to pervert the principles + and break the spirit of men formed to be the glory of their country? And, + can we mention no instance in which this system has made such men useless, + or worse than useless, to the country of which their talents were the + ornament, and might, in happier circumstances, have been the salvation? + Ariel, the beautiful and kindly Ariel, doing the bidding of the loathsome + and malignant Sycorax, is but a faint type of genius enslaved by the + spells, and employed in the drudgery of corruption— + </p> +<pre xml:space="preserve"> + "A spirit too delicate + To act those earthy and abhorred commands." +</pre> + <p> + We cannot do a greater service to men of real merit than by destroying + that which has been called their refuge, which is their house of bondage; + by taking from them the patronage of the great, and giving to them in its + stead the respect and confidence of the people. The bill now before us + will, I believe, produce that happy effect. It facilitates the canvass; it + reduces the expense of legal agency; it shortens the poll; above all, it + disfranchises the outvoters. It is not easy to calculate the precise + extent to which these changes will diminish the cost of elections. I have + attempted, however, to obtain some information on this subject. I have + applied to a gentleman of great experience in affairs of this kind, a + gentleman who, at the last three general elections, managed the finances + of the popular party in one of the largest boroughs in the kingdom. He + tells me, that at the general election of 1826, when that borough was + contested, the expenses of the popular candidate amounted to eighteen + thousand pounds; and that, by the best estimate which can now be made, the + borough may, under the reformed system, be as effectually contested for + one tenth part of that sum. In the new constituent bodies there are no + ancient rights reserved. In those bodies, therefore, the expense of an + election will be still smaller. I firmly believe, that it will be possible + to poll out Manchester for less than the market price of Old Sarum. + </p> + <p> + Sir, I have, from the beginning of these discussions, supported Reform on + two grounds; first, because I believe it to be in itself a good thing; and + secondly, because I think the dangers of withholding it so great that, + even if it were an evil, it would be the less of two evils. The dangers of + the country have in no wise diminished. I believe that they have greatly + increased. It is, I fear, impossible to deny that what has happened with + respect to almost every great question that ever divided mankind has + happened also with respect to the Reform Bill. Wherever great interests + are at stake there will be much excitement; and wherever there is much + excitement there will be some extravagance. The same great stirring of the + human mind which produced the Reformation produced also the follies and + crimes of the Anabaptists. The same spirit which resisted the Ship-money, + and abolished the Star Chamber, produced the Levellers and the Fifth + Monarchy men. And so, it cannot be denied that bad men, availing + themselves of the agitation produced by the question of Reform, have + promulgated, and promulgated with some success, doctrines incompatible + with the existence, I do not say of monarchy, or of aristocracy, but of + all law, of all order, of all property, of all civilisation, of all that + makes us to differ from Mohawks or Hottentots. I bring no accusation + against that portion of the working classes which has been imposed upon by + these doctrines. Those persons are what their situation has made them, + ignorant from want of leisure, irritable from the sense of distress. That + they should be deluded by impudent assertions and gross sophisms; that, + suffering cruel privations, they should give ready credence to promises of + relief; that, never having investigated the nature and operation of + government, they should expect impossibilities from it, and should + reproach it for not performing impossibilities; all this is perfectly + natural. No errors which they may commit ought ever to make us forget that + it is in all probability owing solely to the accident of our situation + that we have not fallen into errors precisely similar. There are few of us + who do not know from experience that, even with all our advantages of + education, pain and sorrow can make us very querulous and very + unreasonable. We ought not, therefore, to be surprised that, as the Scotch + proverb says, "it should be ill talking between a full man and a fasting;" + that the logic of the rich man who vindicates the rights of property, + should seem very inconclusive to the poor man who hears his children cry + for bread. I bring, I say, no accusation against the working classes. I + would withhold from them nothing which it might be for their good to + possess. I see with pleasure that, by the provisions of the Reform Bill, + the most industrious and respectable of our labourers will be admitted to + a share in the government of the State. If I would refuse to the working + people that larger share of power which some of them have demanded, I + would refuse it, because I am convinced that, by giving it, I should only + increase their distress. I admit that the end of government is their + happiness. But, that they may be governed for their happiness, they must + not be governed according to the doctrines which they have learned from + their illiterate, incapable, low-minded flatterers. + </p> + <p> + But, Sir, the fact that such doctrines have been promulgated among the + multitude is a strong argument for a speedy and effectual reform. That + government is attacked is a reason for making the foundations of + government broader, and deeper, and more solid. That property is attacked + is a reason for binding together all proprietors in the firmest union. + That the agitation of the question of Reform has enabled worthless + demagogues to propagate their notions with some success is a reason for + speedily settling the question in the only way in which it can be settled. + It is difficult, Sir, to conceive any spectacle more alarming than that + which presents itself to us, when we look at the two extreme parties in + this country; a narrow oligarchy above; an infuriated multitude below; on + the one side the vices engendered by power; on the other side the vices + engendered by distress; one party blindly averse to improvement; the other + party blindly clamouring for destruction; one party ascribing to political + abuses the sanctity of property; the other party crying out against + property as a political abuse. Both these parties are alike ignorant of + their true interest. God forbid that the state should ever be at the mercy + of either, or should ever experience the calamities which must result from + a collision between them! I anticipate no such horrible event. For, + between those two parties stands a third party, infinitely more powerful + than both the others put together, attacked by both, vilified by both, but + destined, I trust, to save both from the fatal effects of their own folly. + To that party I have never ceased, through all the vicissitudes of public + affairs, to look with confidence and with good a hope. I speak of that + great party which zealously and steadily supported the first Reform Bill, + and which will, I have no doubt, support the second Reform Bill with equal + steadiness and equal zeal. That party is the middle class of England, with + the flower of the aristocracy at its head, and the flower of the working + classes bringing up its rear. That great party has taken its immovable + stand between the enemies of all order and the enemies of all liberty. It + will have Reform: it will not have revolution: it will destroy political + abuses: it will not suffer the rights of property to be assailed: it will + preserve, in spite of themselves, those who are assailing it, from the + right and from the left, with contradictory accusations: it will be a + daysman between them: it will lay its hand upon them both: it will not + suffer them to tear each other in pieces. While that great party continues + unbroken, as it now is unbroken, I shall not relinquish the hope that this + great contest may be conducted, by lawful means, to a happy termination. + But, of this I am assured, that by means, lawful or unlawful, to a + termination, happy or unhappy, this contest must speedily come. All that I + know of the history of past times, all the observations that I have been + able to make on the present state of the country, have convinced me that + the time has arrived when a great concession must be made to the democracy + of England; that the question, whether the change be in itself good or + bad, has become a question of secondary importance; that, good or bad, the + thing must be done; that a law as strong as the laws of attraction and + motion has decreed it. + </p> + <p> + I well know that history, when we look at it in small portions, may be so + construed as to mean anything, that it may be interpreted in as many ways + as a Delphic oracle. "The French Revolution," says one expositor, "was the + effect of concession." "Not so," cries another: "The French Revolution was + produced by the obstinacy of an arbitrary government." "If the French + nobles," says the first, "had refused to sit with the Third Estate, they + would never have been driven from their country." "They would never have + been driven from their country," answers the other, "if they had agreed to + the reforms proposed by M. Turgot." These controversies can never be + brought to any decisive test, or to any satisfactory conclusion. But, as I + believe that history, when we look at it in small fragments, proves + anything, or nothing, so I believe that it is full of useful and precious + instruction when we contemplate it in large portions, when we take in, at + one view, the whole lifetime of great societies. I believe that it is + possible to obtain some insight into the law which regulates the growth of + communities, and some knowledge of the effects which that growth produces. + They history of England, in particular, is the history of a government + constantly giving way, sometimes peaceably, sometimes after a violent + struggle, but constantly giving way before a nation which has been + constantly advancing. The forest laws, the laws of villenage, the + oppressive power of the Roman Catholic Church, the power, scarcely less + oppressive, which, during some time after the Reformation, was exercised + by the Protestant Establishment, the prerogatives of the Crown, the + censorship of the Press, successively yielded. The abuses of the + representative system are now yielding to the same irresistible force. It + was impossible for the Stuarts, and it would have been impossible for them + if they had possessed all the energy of Richelieu, and all the craft of + Mazarin, to govern England as England had been governed by the Tudors. It + was impossible for the princes of the House of Hanover to govern England + as England had been governed by the Stuarts. And so it is impossible that + England should be any longer governed as it was governed under the four + first princes of the House of Hanover. I say impossible. I believe that + over the great changes of the moral world we possess as little power as + over the great changes of the physical world. We can no more prevent time + from changing the distribution of property and of intelligence, we can no + more prevent property and intelligence from aspiring to political power, + than we can change the courses of the seasons and of the tides. In peace + or in tumult, by means of old institutions, where those institutions are + flexible, over the ruins of old institutions, where those institutions + oppose an unbending resistance, the great march of society proceeds, and + must proceed. The feeble efforts of individuals to bear back are lost and + swept away in the mighty rush with which the species goes onward. Those + who appear to lead the movement are, in fact, only whirled along before + it; those who attempt to resist it, are beaten down and crushed beneath + it. + </p> + <p> + It is because rulers do not pay sufficient attention to the stages of this + great movement, because they underrate its force, because they are + ignorant of its law, that so many violent and fearful revolutions have + changed the face of society. We have heard it said a hundred times during + these discussions, we have heard it said repeatedly in the course of this + very debate, that the people of England are more free than ever they were, + that the Government is more democratic than ever it was; and this is urged + as an argument against Reform. I admit the fact; but I deny the inference. + It is a principle never to be forgotten, in discussions like this, that it + is not by absolute, but by relative misgovernment that nations are roused + to madness. It is not sufficient to look merely at the form of government. + We must look also to the state of the public mind. The worst tyrant that + ever had his neck wrung in modern Europe might have passed for a paragon + of clemency in Persia or Morocco. Our Indian subjects submit patiently to + a monopoly of salt. We tried a stamp duty, a duty so light as to be + scarcely perceptible, on the fierce breed of the old Puritans; and we lost + an empire. The Government of Louis the Sixteenth was certainly a much + better and milder Government than that of Louis the Fourteenth; yet Louis + the Fourteenth was admired, and even loved, by his people. Louis the + Sixteenth died on the scaffold. Why? Because, though the Government had + made many steps in the career of improvement, it had not advanced so + rapidly as the nation. Look at our own history. The liberties of the + people were at least as much respected by Charles the First as by Henry + the Eighth, by James the Second as by Edward the Sixth. But did this save + the crown of James the Second? Did this save the head of Charles the + First? Every person who knows the history of our civil dissensions knows + that all those arguments which are now employed by the opponents of the + Reform Bill might have been employed, and were actually employed, by the + unfortunate Stuarts. The reasoning of Charles, and of all his apologists, + runs thus:—"What new grievance does the nation suffer? What has the + King done more than what Henry did? more than what Elizabeth did? Did the + people ever enjoy more freedom than at present? Did they ever enjoy so + much freedom?" But what would a wise and honest counsellor, if Charles had + been so happy as to possess such a counsellor, have replied to arguments + like these? He would have said, "Sir, I acknowledge that the people were + never more free than under your government. I acknowledge that those who + talk of restoring the old Constitution of England use an improper + expression. I acknowledge that there has been a constant improvement + during those very years during which many persons imagine that there has + been a constant deterioration. But, though there has been no change in the + government for the worse, there has been a change in the public mind which + produces exactly the same effect which would be produced by a change in + the government for the worse. Perhaps this change in the public mind is to + be regretted. But no matter; you cannot reverse it. You cannot undo all + that eighty eventful years have done. You cannot transform the Englishmen + of 1640 into the Englishmen of 1560. It may be that the simple loyalty of + our fathers was preferable to that inquiring, censuring, resisting spirit + which is now abroad. It may be that the times when men paid their + benevolences cheerfully were better times than these, when a gentleman + goes before the Exchequer Chamber to resist an assessment of twenty + shillings. And so it may be that infancy is a happier time than manhood, + and manhood than old age. But God has decreed that old age shall succeed + to manhood, and manhood to infancy. Even so have societies their law of + growth. As their strength becomes greater, as their experience becomes + more extensive, you can no longer confine them within the swaddling bands, + or lull them in the cradles, or amuse them with the rattles, or terrify + them with the bugbears of their infancy. I do not say that they are better + or happier than they were; but this I say, that they are different from + what they were, that you cannot again make them what they were, and that + you cannot safely treat them as if they continued to be what they were." + This was the advice which a wise and honest Minister would have given to + Charles the First. These were the principles on which that unhappy prince + should have acted. But no. He would govern, I do not say ill, I do not say + tyrannically; I only say this; he would govern the men of the seventeenth + century as if they had been the men of the sixteenth century; and + therefore it was, that all his talents and all his virtues did not save + him from unpopularity, from civil war, from a prison, from a bar, from a + scaffold. These things are written for our instruction. Another great + intellectual revolution has taken place; our lot has been cast on a time + analogous, in many respects, to the time which immediately preceded the + meeting of the Long Parliament. There is a change in society. There must + be a corresponding change in the government. We are not, we cannot, in the + nature of things, be, what our fathers were. We are no more like the men + of the American war, or the men of the gagging bills, than the men who + cried "privilege" round the coach of Charles the First were like the men + who changed their religion once a year at the bidding of Henry the Eighth. + That there is such a change, I can no more doubt than I can doubt that we + have more power looms, more steam engines, more gas lights, than our + ancestors. That there is such a change, the Minister will surely find who + shall attempt to fit the yoke of Mr Pitt to the necks of the Englishmen of + the nineteenth century. What then can you do to bring back those times + when the constitution of this House was an object of veneration to the + people? Even as much as Strafford and Laud could do to bring back the days + of the Tudors; as much as Bonner and Gardiner could do to bring back the + days of Hildebrand; as much as Villele and Polignac could do to bring back + the days of Louis the Fourteenth. You may make the change tedious; you may + make it violent; you may—God in his mercy forbid!—you may make + it bloody; but avert it you cannot. Agitations of the public mind, so deep + and so long continued as those which we have witnessed, do not end in + nothing. In peace or in convulsion, by the law, or in spite of the law, + through the Parliament, or over the Parliament, Reform must be carried. + Therefore be content to guide that movement which you cannot stop. Fling + wide the gates to that force which else will enter through the breach. + Then will it still be, as it has hitherto been, the peculiar glory of our + Constitution that, though not exempt from the decay which is wrought by + the vicissitudes of fortune, and the lapse of time, in all the proudest + works of human power and wisdom, it yet contains within it the means of + self-reparation. Then will England add to her manifold titles of glory + this, the noblest and the purest of all; that every blessing which other + nations have been forced to seek, and have too often sought in vain, by + means of violent and bloody revolutions, she will have attained by a + peaceful and a lawful Reform. + </p> + <hr /> + <p> + <a name="link2H_4_0010" id="link2H_4_0010"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + ANATOMY BILL. (FEBRUARY 27, 1832) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE 27TH OF FEBRUARY, 1832. + </h2> + <p> + On Monday, the twenty-seventh of February, 1832, the House took into + consideration the report of the Committee on Mr Warburton's Anatomy Bill. + Mr Henry Hunt attacked that bill with great asperity. In reply to him the + following Speech was made. + </p> + <p> + Sir, I cannot, even at this late hour of the night, refrain from saying + two or three words. Most of the observations of the honourable Member for + Preston I pass by, as undeserving of any answer before an audience like + this. But on one part of his speech I must make a few remarks. We are, he + says, making a law to benefit the rich, at the expense of the poor. Sir, + the fact is the direct reverse. This is a bill which tends especially to + the benefit of the poor. What are the evils against which we are + attempting to make provision? Two especially; that is to say, the practice + of Burking, and bad surgery. Now to both these the poor alone are exposed. + What man, in our rank of life, runs the smallest risk of being Burked? + That a man has property, that he has connections, that he is likely to be + missed and sought for, are circumstances which secure him against the + Burker. It is curious to observe the difference between murders of this + kind and other murders. An ordinary murder hides the body, and disposes of + the property. Bishop and Williams dig holes and bury the property, and + expose the body to sale. The more wretched, the more lonely, any human + being may be, the more desirable prey is he to these wretches. It is the + man, the mere naked man, that they pursue. Again, as to bad surgery; this + is, of all evils, the evil by which the rich suffer least, and the poor + most. If we could do all that in the opinion of the Member for Preston + ought to be done, if we could destroy the English school of anatomy, if we + could force every student of medical science to go to the expense of a + foreign education, on whom would the bad consequences fall? On the rich? + Not at all. As long as there is in France, in Italy, in Germany, a single + surgeon of eminent skill, a single surgeon who is, to use the phrase of + the member for Preston, addicted to dissection, that surgeon will be in + attendance whenever an English nobleman is to be cut for the stone. The + higher orders in England will always be able to procure the best medical + assistance. Who suffers by the bad state of the Russian school of surgery? + The Emperor Nicholas? By no means. The whole evil falls on the peasantry. + If the education of a surgeon should become very extensive, if the fees of + surgeons should consequently rise, if the supply of regular surgeons + should diminish, the sufferers would be, not the rich, but the poor in our + country villages, who would again be left to mountebanks, and barbers, and + old women, and charms and quack medicines. The honourable gentleman talks + of sacrificing the interests of humanity to the interests of science, as + if this were a question about the squaring of the circle, or the transit + of Venus. This is not a mere question of science: it is not the + unprofitable exercise of an ingenious mind: it is a question between + health and sickness, between ease and torment, between life and death. + Does the honourable gentleman know from what cruel sufferings the + improvement of surgical science has rescued our species? I will tell him + one story, the first that comes into my head. He may have heard of + Leopold, Duke of Austria, the same who imprisoned our Richard + Coeur-de-Lion. Leopold's horse fell under him, and crushed his leg. The + surgeons said that the limb must be amputated; but none of them knew how + to amputate it. Leopold, in his agony, laid a hatchet on his thigh, and + ordered his servant to strike with a mallet. The leg was cut off, and the + Duke died of the gush of blood. Such was the end of that powerful prince. + Why, there is not now a bricklayer who falls from a ladder in England, who + cannot obtain surgical assistance, infinitely superior to that which the + sovereign of Austria could command in the twelfth century. I think this a + bill which tends to the good of the people, and which tends especially to + the good of the poor. Therefore I support it. If it is unpopular, I am + sorry for it. But I shall cheerfully take my share of its unpopularity. + For such, I am convinced, ought to be the conduct of one whose object it + is, not to flatter the people, but to serve them. + </p> + <hr /> + <p> + <a name="link2H_4_0011" id="link2H_4_0011"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + PARLIAMENTARY REFORM. (FEBRUARY 28, 1832) A SPEECH DELIVERED IN A + COMMITTEE OF THE HOUSE OF COMMONS ON THE 28TH OF FEBRUARY, 1832. + </h2> + <p> + On Tuesday, the twenty-eighth of February, 1832, in the Committee on the + Bill to amend the representation of the people in England and Wales, the + question was put, "That the Tower Hamlets, Middlesex, stand part of + Schedule C." The opponents of the Bill mustered their whole strength on + this occasion, and were joined by some members who had voted with the + Government on the second reading. The question was carried, however, by + 316 votes to 236. The following Speech was made in reply to the Marquess + of Chandos and Sir Edward Sugden, who, on very different grounds, objected + to any increase in the number of metropolitan members. + </p> + <p> + Mr Bernal,—I have spoken so often on the question of Parliamentary + Reform, that I am very unwilling to occupy the time of the Committee. But + the importance of the amendment proposed by the noble Marquess, and the + peculiar circumstances in which we are placed to-night, make me so anxious + that I cannot remain silent. + </p> + <p> + In this debate, as in every other debate, our first object should be to + ascertain on which side the burden of the proof lies. Now, it seems to me + quite clear that the burden of the proof lies on those who support the + amendment. I am entitled to take it for granted that it is right and wise + to give representatives to some wealthy and populous places which have + hitherto been unrepresented. To this extent, at least, we all, with + scarcely an exception, now profess ourselves Reformers. There is, indeed, + a great party which still objects to the disfranchising even of the + smallest boroughs. But all the most distinguished chiefs of that party + have, here and elsewhere, admitted that the elective franchise ought to be + given to some great towns which have risen into importance since our + representative system took its present form. If this be so, on what ground + can it be contended that these metropolitan districts ought not to be + represented? Are they inferior in importance to the other places to which + we are all prepared to give members? I use the word importance with + perfect confidence: for, though in our recent debates there has been some + dispute as to the standard by which the importance of towns is to be + measured, there is no room for dispute here. Here, take what standard you + will, the result will be the same. Take population: take the rental: take + the number of ten pound houses: take the amount of the assessed taxes: + take any test in short: take any number of tests, and combine those tests + in any of the ingenious ways which men of science have suggested: + multiply: divide: subtract: add: try squares or cubes: try square roots or + cube roots: you will never be able to find a pretext for excluding these + districts from Schedule C. If, then, it be acknowledged that the franchise + ought to be given to important places which are at present unrepresented, + and if it be acknowledged that these districts are in importance not + inferior to any place which is at present unrepresented, you are bound to + give us strong reasons for withholding the franchise from these districts. + </p> + <p> + The honourable and learned gentleman (Sir E. Sugden.) has tried to give + such reasons; and, in doing so, he has completely refuted the whole speech + of the noble Marquess, with whom he means to divide. (The Marquess of + Chandos.) The truth is that the noble Marquess and the honourable and + learned gentleman, though they agree in their votes, do not at all agree + in their forebodings or in their ulterior intentions. The honourable and + learned gentleman thinks it dangerous to increase the number of + metropolitan voters. The noble Lord is perfectly willing to increase the + number of metropolitan voters, and objects only to any increase in the + number of metropolitan members. "Will you," says the honourable and + learned gentleman, "be so rash, so insane, as to create constituent bodies + of twenty or thirty thousand electors?" "Yes," says the noble Marquess, + "and much more than that. I will create constituent bodies of forty + thousand, sixty thousand, a hundred thousand. I will add Marylebone to + Westminster. I will add Lambeth to Southwark. I will add Finsbury and the + Tower Hamlets to the City." The noble Marquess, it is clear, is not afraid + of the excitement which may be produced by the polling of immense + multitudes. Of what then is he afraid? Simply of eight members: nay, of + six members: for he is willing, he tells us, to add two members to the two + who already sit for Middlesex, and who may be considered as metropolitan + members. Are six members, then, so formidable? I could mention a single + peer who now sends more than six members to the House. But, says the noble + Marquess, the members for the metropolitan districts will be called to a + strict account by their constituents: they will be mere delegates: they + will be forced to speak, not their own sense, but the sense of the + capital. I will answer for it, Sir, that they will not be called to a + stricter account than those gentlemen who are nominated by some great + proprietors of boroughs. Is it not notorious that those who represent it + as in the highest degree pernicious and degrading that a public man should + be called to account by a great city which has intrusted its dearest + interests to his care, do nevertheless think that he is bound by the most + sacred ties of honour to vote according to the wishes of his patron or to + apply for the Chiltern Hundreds? It is a bad thing, I fully admit, that a + Member of Parliament should be a mere delegate. But it is not worse that + he should be the delegate of a hundred thousand people than of one too + powerful individual. What a perverse, what an inconsistent spirit is this; + too proud to bend to the wishes of a nation, yet ready to lick the dust at + the feet of a patron! And how is it proved that a member for Lambeth or + Finsbury will be under a more servile awe of his constituents than a + member for Leicester, or a member for Leicestershire, or a member for the + University of Oxford? Is it not perfectly notorious that many members + voted, year after year, against Catholic Emancipation, simply because they + knew that, if they voted otherwise, they would lose their seats? No doubt + this is an evil. But it is an evil which will exist in some form or other + as long as human nature is the same, as long as there are men so + low-minded as to prefer the gratification of a vulgar ambition to the + approbation of their conscience and the welfare of their country. + Construct your representative system as you will, these men will always be + sycophants. If you give power to Marylebone, they will fawn on the + householders of Marylebone. If you leave power to Gatton, they will fawn + on the proprietor of Gatton. I can see no reason for believing that their + baseness will be more mischievous in the former case than in the latter. + </p> + <p> + But, it is said, the power of this huge capital is even now dangerously + great; and will you increase that power? Now, Sir, I am far from denying + that the power of London is, in some sense, dangerously great; but I + altogether deny that the danger will be increased by this bill. It has + always been found that a hundred thousand people congregated close to the + seat of government exercise a greater influence on public affairs than + five hundred thousand dispersed over a remote province. But this influence + is not proportioned to the number of representatives chosen by the + capital. This influence is felt at present, though the greater part of the + capital is unrepresented. This influence is felt in countries where there + is no representative system at all. Indeed, this influence is nowhere so + great as under despotic governments. I need not remind the Committee that + the Caesars, while ruling by the sword, while putting to death without a + trial every senator, every magistrate, who incurred their displeasure, yet + found it necessary to keep the populace of the imperial city in good + humour by distributions of corn and shows of wild beasts. Every country, + from Britain to Egypt, was squeezed for the means of filling the granaries + and adorning the theatres of Rome. On more than one occasion, long after + the Cortes of Castile had become a mere name, the rabble of Madrid + assembled before the royal palace, forced their King, their absolute King, + to appear in the balcony, and exacted from him a promise that he would + dismiss an obnoxious minister. It was in this way that Charles the Second + was forced to part with Oropesa, and that Charles the Third was forced to + part with Squillaci. If there is any country in the world where pure + despotism exists, that country is Turkey; and yet there is no country in + the world where the inhabitants of the capital are so much dreaded by the + government. The Sultan, who stands in awe of nothing else, stands in awe + of the turbulent populace, which may, at any moment, besiege him in his + Seraglio. As soon as Constantinople is up, everything is conceded. The + unpopular edict is recalled. The unpopular vizier is beheaded. This sort + of power has nothing to do with representation. It depends on physical + force and on vicinity. You do not propose to take this sort of power away + from London. Indeed, you cannot take it away. Nothing can take it away but + an earthquake more terrible than that of Lisbon, or a fire more + destructive than that of 1666. Law can do nothing against this description + of power; for it is a power which is formidable only when law has ceased + to exist. While the reign of law continues, eight votes in a House of six + hundred and fifty-eight Members will hardly do much harm. When the reign + of law is at an end, and the reign of violence commences, the importance + of a million and a half of people, all collected within a walk of the + Palace, of the Parliament House, of the Bank, of the Courts of Justice, + will not be measured by eight or by eighty votes. See, then, what you are + doing. That power which is not dangerous you refuse to London. That power + which is dangerous you leave undiminished; nay, you make it more dangerous + still. For by refusing to let eight or nine hundred thousand people + express their opinions and wishes in a legal and constitutional way, you + increase the risk of disaffection and of tumult. It is not necessary to + have recourse to the speeches or writings of democrats to show that a + represented district is far more likely to be turbulent than an + unrepresented district. Mr Burke, surely not a rash innovator, not a + flatterer of the multitude, described long ago in this place with + admirable eloquence the effect produced by the law which gave + representative institutions to the rebellious mountaineers of Wales. That + law, he said, had been to an agitated nation what the twin stars + celebrated by Horace were to a stormy sea; the wind had fallen; the clouds + had dispersed; the threatening waves had sunk to rest. I have mentioned + the commotions of Madrid and Constantinople. Why is it that the population + of unrepresented London, though physically far more powerful than the + population of Madrid or of Constantinople, has been far more peaceable? + Why have we never seen the inhabitants of the metropolis besiege St + James's, or force their way riotously into this House? Why, but because + they have other means of giving vent to their feelings, because they enjoy + the liberty of unlicensed printing, and the liberty of holding public + meetings. Just as the people of unrepresented London are more orderly than + the people of Constantinople and Madrid, so will the people of represented + London be more orderly than the people of unrepresented London. + </p> + <p> + Surely, Sir, nothing can be more absurd than to withhold legal power from + a portion of the community because that portion of the community possesses + natural power. Yet that is precisely what the noble Marquess would have us + do. In all ages a chief cause of the intestine disorders of states has + been that the natural distribution of power and the legal distribution of + power have not corresponded with each other. This is no newly discovered + truth. It was well known to Aristotle more than two thousand years ago. It + is illustrated by every part of ancient and of modern history, and + eminently by the history of England during the last few months. Our + country has been in serious danger; and why? Because a representative + system, framed to suit the England of the thirteenth century, did not suit + the England of the nineteenth century; because an old wall, the last + relique of a departed city, retained the privileges of that city, while + great towns, celebrated all over the world for wealth and intelligence, + had no more share in the government than when they were still hamlets. The + object of this bill is to correct those monstrous disproportions, and to + bring the legal order of society into something like harmony with the + natural order. What, then, can be more inconsistent with the fundamental + principle of the bill than to exclude any district from a share in the + representation, for no reason but because that district is, and must + always be, one of great importance? This bill was meant to reconcile and + unite. Will you frame it in such a manner that it must inevitably produce + irritation and discord? This bill was meant to be final in the only + rational sense of the word final. Will you frame it in such a way that it + must inevitably be shortlived? Is it to be the first business of the first + reformed House of Commons to pass a new Reform Bill? Gentlemen opposite + have often predicted that the settlement which we are making will not be + permanent; and they are now taking the surest way to accomplish their own + prediction. I agree with them in disliking change merely as change. I + would bear with many things which are indefensible in theory, nay, with + some things which are grievous in practice, rather than venture on a + change in the composition of Parliament. But when such a change is + necessary,—and that such a change is now necessary is admitted by + men of all parties,—then I hold that it ought to be full and + effectual. A great crisis may be followed by the complete restoration of + health. But no constitution will bear perpetual tampering. If the noble + Marquess's amendment should unhappily be carried, it is morally certain + that the immense population of Finsbury, of Marylebone, of Lambeth, of the + Tower Hamlets, will, importunately and clamorously, demand redress from + the reformed Parliament. That Parliament, you tell us, will be much more + democratically inclined than the Parliaments of past times. If so, how can + you expect that it will resist the urgent demands of a million of people + close to its door? These eight seats will be given. More than eight seats + will be given. The whole question of Reform will be opened again; and the + blame will rest on those who will, by mutilating this great law in an + essential part, cause hundreds of thousands who now regard it as a boon to + regard it as an outrage. + </p> + <p> + Sir, our word is pledged. Let us remember the solemn promise which we gave + to the nation last October at a perilous conjuncture. That promise was + that we would stand firmly by the principles and leading provisions of the + Reform Bill. Our sincerity is now brought to the test. One of the leading + provisions of the bill is in danger. The question is, not merely whether + these districts shall be represented, but whether we will keep the faith + which we plighted to our countrymen. Let us be firm. Let us make no + concession to those who, having in vain tried to throw the bill out, are + now trying to fritter it away. An attempt has been made to induce the + Irish members to vote against the government. It has been hinted that, + perhaps, some of the seats taken from the metropolis may be given to + Ireland. Our Irish friends will, I doubt not, remember that the very + persons who offer this bribe exerted themselves not long ago to raise a + cry against the proposition to give additional members to Belfast, + Limerick, Waterford, and Galway. The truth is that our enemies wish only + to divide us, and care not by what means. One day they try to excite + jealousy among the English by asserting that the plan of the government is + too favourable to Ireland. Next day they try to bribe the Irish to desert + us, by promising to give something to Ireland at the expense of England. + Let us disappoint these cunning men. Let us, from whatever part of the + United Kingdom we come, be true to each other and to the good cause. We + have the confidence of our country. We have justly earned it. For God's + sake let us not throw it away. Other occasions may arise on which honest + Reformers may fairly take different sides. But to-night he that is not + with us is against us. + </p> + <hr /> + <p> + <a name="link2H_4_0012" id="link2H_4_0012"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + REPEAL OF THE UNION WITH IRELAND. (FEBRUARY 6, 1833) A SPEECH DELIVERED IN + THE HOUSE OF COMMONS ON THE 6TH OF FEBRUARY 1833. + </h2> + <p> + On the twenty-ninth of January 1833, the first Parliament elected under + the Reform Act of 1832 met at Westminster. On the fifth of February, King + William the Fourth made a speech from the throne, in which he expressed + his hope that the Houses would entrust him with such powers as might be + necessary for maintaining order in Ireland and for preserving and + strengthening the union between that country and Great Britain. An + Address, assuring His Majesty of the concurrence and support of the + Commons, was moved by Lord Ormelie and seconded by Mr John Marshall. Mr + O'Connell opposed the Address, and moved, as an amendment, that the House + should resolve itself into a Committee. After a discussion of four nights + the amendment was rejected by 428 votes to 40. On the second night of the + debate the following Speech was made. + </p> + <p> + Last night, Sir, I thought that it would not be necessary for me to take + any part in the present debate: but the appeal which has this evening been + made to me by my honourable friend the Member for Lincoln (Mr Edward + Lytton Bulwer.) has forced me to rise. I will, however, postpone the few + words which I have to say in defence of my own consistency, till I have + expressed my opinion on the much more important subject which is before + the House. + </p> + <p> + My honourable friend tells us that we are now called upon to make a choice + between two modes of pacifying Ireland; that the government recommends + coercion; that the honourable and learned Member for Dublin (Mr + O'Connell.) recommends redress; and that it is our duty to try the effect + of redress before we have recourse to coercion. The antithesis is framed + with all the ingenuity which is characteristic of my honourable friend's + style; but I cannot help thinking that, on this occasion, his ingenuity + has imposed on himself, and that he has not sufficiently considered the + meaning of the pointed phrase which he used with so much effect. Redress + is no doubt a very well sounding word. What can be more reasonable than to + ask for redress? What more unjust than to refuse redress? But my + honourable friend will perceive, on reflection, that, though he and the + honourable and learned Member for Dublin agree in pronouncing the word + redress, they agree in nothing else. They utter the same sound; but they + attach to it two diametrically opposite meanings. The honourable and + learned Member for Dublin means by redress simply the Repeal of the Union. + Now, to the Repeal of the Union my honourable friend the Member for + Lincoln is decidedly adverse. When we get at his real meaning, we find + that he is just as unwilling as we are to give the redress which the + honourable and learned Member for Dublin demands. Only a small minority of + the House will, I hope, and believe, vote with that honourable and learned + member; but the minority which thinks with him will be very much smaller. + </p> + <p> + We have, indeed, been told by some gentlemen, who are not themselves + repealers, that the question of Repeal deserves a much more serious + consideration than it has yet received. Repeal, they say, is an object on + which millions have, however unwisely, set their hearts; and men who speak + in the name of millions are not to be coughed down or sneered down. That + which a suffering nation regards, rightly or wrongly, as the sole cure for + all its distempers, ought not to be treated with levity, but to be the + subject of full and solemn debate. All this, Sir, is most true: but I am + surprised that this lecture should have been read to us who sit on your + right. It would, I apprehend, have been with more propriety addressed to a + different quarter. Whose fault is it that we have not yet had, and that + there is no prospect of our having, this full and solemn debate? Is it the + fault of His Majesty's Ministers? Have not they framed the Speech which + their Royal Master delivered from the throne, in such a manner as to + invite the grave and searching discussion of the question of Repeal? and + has not the invitation been declined? Is it not fresh in our recollection + that the honourable and learned Member for Dublin spoke two hours, perhaps + three hours,—nobody keeps accurate account of time while he speaks,—but + two or three hours without venturing to join issue with us on this + subject? In truth, he suffered judgment to go against him by default. We, + on this side of the House, did our best to provoke him to the conflict. We + called on him to maintain here those doctrines which he had proclaimed + elsewhere with so much vehemence, and, I am sorry to be forced to add, + with a scurrility unworthy of his parts and eloquence. Never was a + challenge more fairly given: but it was not accepted. The great champion + of Repeal would not lift our glove. He shrank back; he skulked away; not, + assuredly, from distrust of his powers, which have never been more + vigorously exerted than in this debate, but evidently from distrust of his + cause. I have seldom heard so able a speech as his: I certainly never + heard a speech so evasive. From the beginning to the end he studiously + avoided saying a single word tending to raise a discussion about that + Repeal which, in other places, he constantly affirms to be the sole + panacea for all the evils by which his country is afflicted. Nor is this + all. Yesterday night he placed on our order-book not less than fourteen + notices; and of those notices not a single one had any reference to the + Union between Great Britain and Ireland. It is therefore evident to me, + not only that the honourable and learned gentleman is not now prepared to + debate the question in this House, but that he has no intention of + debating it in this House at all. He keeps it, and prudently keeps it, for + audiences of a very different kind. I am therefore, I repeat, surprised to + hear the Government accused of avoiding the discussion of this subject. + Why should we avoid a battle in which the bold and skilful captain of the + enemy evidently knows that we must be victorious? + </p> + <p> + One gentleman, though not a repealer, has begged us not to declare + ourselves decidedly adverse to repeal till we have studied the petitions + which are coming in from Ireland. Really, Sir, this is not a subject on + which any public man ought to be now making up his mind. My mind is made + up. My reasons are such as, I am certain, no petition from Ireland will + confute. Those reasons have long been ready to be produced; and, since we + are accused of flinching, I will at once produce them. I am prepared to + show that the Repeal of the Union would not remove the political and + social evils which afflict Ireland, nay, that it would aggravate almost + every one of those evils. + </p> + <p> + I understand, though I do not approve, the proceedings of poor Wolfe Tone + and his confederates. They wished to make a complete separation between + Great Britain and Ireland. They wished to establish a Hibernian republic. + Their plan was a very bad one; but, to do them justice, it was perfectly + consistent; and an ingenious man might defend it by some plausible + arguments. But that is not the plan of the honourable and learned Member + for Dublin. He assures us that he wishes the connection between the + islands to be perpetual. He is for a complete separation between the two + Parliaments; but he is for indissoluble union between the two Crowns. Nor + does the honourable and learned gentleman mean, by an union between the + Crowns, such an union as exists between the Crown of this kingdom and the + Crown of Hanover. For I need not say that, though the same person is king + of Great Britain and of Hanover, there is no more political connection + between Great Britain and Hanover than between Great Britain and Hesse, or + between Great Britain and Bavaria. Hanover may be at peace with a state + with which Great Britain is at war. Nay, Hanover may, as a member of the + Germanic body, send a contingent of troops to cross bayonets with the + King's English footguards. This is not the relation in which the + honourable and learned gentleman proposes that Great Britain and Ireland + should stand to each other. His plan is, that each of the two countries + shall have an independent legislature, but that both shall have the same + executive government. Now, is it possible that a mind so acute and so well + informed as his should not at once perceive that this plan involves an + absurdity, a downright contradiction. Two independent legislatures! One + executive government! How can the thing be? No doubt, if the legislative + power were quite distinct from the executive power, England and Ireland + might as easily have two legislatures as two Chancellors and two Courts of + King's Bench. But though, in books written by theorists, the executive + power and the legislative power may be treated as things quite distinct, + every man acquainted with the real working of our constitution knows that + the two powers are most closely connected, nay, intermingled with each + other. During several generations, the whole administration of affairs has + been conducted in conformity with the sense of Parliament. About every + exercise of the prerogative of the Crown it is the privilege of Parliament + to offer advice; and that advice no wise king will ever slight. It is the + prerogative of the Sovereign to choose his own servants; but it is + impossible for him to maintain them in office unless Parliament will + support them. It is the prerogative of the Sovereign to treat with other + princes; but it is impossible for him to persist in any scheme of foreign + policy which is disagreeable to Parliament. It is the prerogative of the + Sovereign to make war; but he cannot raise a battalion or man a frigate + without the help of Parliament. The repealers may therefore be refuted out + of their own mouths. They say that Great Britain and Ireland ought to have + one executive power. But the legislature has a most important share of the + executive power. Therefore, by the confession of the repealers themselves, + Great Britain and Ireland ought to have one legislature. + </p> + <p> + Consider for one moment in what a situation the executive government will + be placed if you have two independent legislatures, and if those + legislatures should differ, as all bodies which are independent of each + other will sometimes differ. Suppose the case of a commercial treaty which + is unpopular in England and popular in Ireland. The Irish Parliament + expresses its approbation of the terms, and passes a vote of thanks to the + negotiator. We at Westminster censure the terms and impeach the + negotiator. Or are we to have two foreign offices, one in Downing Street + and one in Dublin Castle? Is His Majesty to send to every court in + Christendom two diplomatic agents, to thwart each other, and to be spies + upon each other? It is inconceivable but that, in a very few years, + disputes such as can be terminated only by arms must arise between + communities so absurdly united and so absurdly disunited. All history + confirms this reasoning. Superficial observers have fancied that they had + found cases on the other side. But as soon as you examine those cases you + will see either that they bear no analogy to the case with which we have + to deal, or that they corroborate my argument. The case of Ireland herself + has been cited. Ireland, it has been said, had an independent legislature + from 1782 to 1800: during eighteen years there were two coequal + parliaments under one Crown; and yet there was no collision. Sir, the + reason that there was not perpetual collision was, as we all know, that + the Irish parliament, though nominally independent, was generally kept in + real dependence by means of the foulest corruption that ever existed in + any assembly. But it is not true that there was no collision. Before the + Irish legislature had been six years independent, a collision did take + place, a collision such as might well have produced a civil war. In the + year 1788, George the Third was incapacitated by illness from discharging + his regal functions. According to the constitution, the duty of making + provision for the discharge of those functions devolved on the parliaments + of Great Britain and Ireland. Between the government of Great Britain and + the government of Ireland there was, during the interregnum, no connection + whatever. The sovereign who was the common head of both governments had + virtually ceased to exist: and the two legislatures were no more to each + other than this House and the Chamber of Deputies at Paris. What followed? + The Parliament of Great Britain resolved to offer the Regency to the + Prince of Wales under many important restrictions. The Parliament of + Ireland made him an offer of the Regency without any restrictions + whatever. By the same right by which the Irish Lords and Commons made that + offer, they might, if Mr Pitt's doctrine be the constitutional doctrine, + as I believe it to be, have made the Duke of York or the Duke of Leinster + Regent. To this Regent they might have given all the prerogatives of the + King. Suppose,—no extravagant supposition,—that George the + Third had not recovered, that the rest of his long life had been passed in + seclusion, Great Britain and Ireland would then have been, during + thirty-two years, as completely separated as Great Britain and Spain. + There would have been nothing in common between the governments, neither + executive power nor legislative power. It is plain, therefore, that a + total separation between the two islands might, in the natural course of + things, and without the smallest violation of the constitution on either + side, be the effect of the arrangement recommended by the honourable and + learned gentleman, who solemnly declares that he should consider such a + separation as the greatest of calamities. + </p> + <p> + No doubt, Sir, in several continental kingdoms there have been two + legislatures, and indeed more than two legislatures, under the same Crown. + But the explanation is simple. Those legislatures were of no real weight + in the government. Under Louis the Fourteenth Brittany had its States; + Burgundy had its States; and yet there was no collision between the States + of Brittany and the States of Burgundy. But why? Because neither the + States of Brittany nor the States of Burgundy imposed any real restraint + on the arbitrary power of the monarch. So, in the dominions of the House + of Hapsburg, there is the semblance of a legislature in Hungary and the + semblance of a legislature in the Tyrol: but all the real power is with + the Emperor. I do not say that you cannot have one executive power and two + mock parliaments, two parliaments which merely transact parish business, + two parliaments which exercise no more influence on great affairs of state + than the vestry of St Pancras or the vestry of Marylebone. What I do say, + and what common sense teaches, and what all history teaches, is this, that + you cannot have one executive power and two real parliaments, two + parliaments possessing such powers as the parliament of this country has + possessed ever since the Revolution, two parliaments to the deliberate + sense of which the Sovereign must conform. If they differ, how can he + conform to the sense of both? The thing is as plain as a proposition in + Euclid. + </p> + <p> + It is impossible for me to believe that considerations so obvious and so + important should not have occurred to the honourable and learned Member + for Dublin. Doubtless they have occurred to him; and therefore it is that + he shrinks from arguing the question here. Nay, even when he harangues + more credulous assemblies on the subject, he carefully avoids precise + explanations; and the hints which sometimes escape him are not easily to + be reconciled with each other. On one occasion, if the newspapers are to + be trusted, he declared that his object was to establish a federal union + between Great Britain and Ireland. A local parliament, it seems, is to sit + at Dublin, and to send deputies to an imperial parliament which is to sit + at Westminster. The honourable and learned gentleman thinks, I suppose, + that in this way he evades the difficulties which I have pointed out. But + he deceives himself. If, indeed, his local legislature is to be subject to + his imperial legislature, if his local legislature is to be merely what + the Assembly of Antigua or Barbadoes is, or what the Irish Parliament was + before 1782, the danger of collision is no doubt removed: but what, on the + honourable and learned gentleman's own principles, would Ireland gain by + such an arrangement? If, on the other hand, his local legislature is to be + for certain purposes independent, you have again the risk of collision. + Suppose that a difference of opinion should arise between the Imperial + Parliament and the Irish Parliament as to the limits of their powers, who + is to decide between them? A dispute between the House of Commons and the + House of Lords is bad enough. Yet in that case, the Sovereign can, by a + high exercise of his prerogative, produce harmony. He can send us back to + our constituents; and, if that expedient fails, he can create more lords. + When, in 1705, the dispute between the Houses about the Aylesbury men ran + high, Queen Anne restored concord by dismissing the Parliament. Seven + years later she put an end to another conflict between the Houses by + making twelve peers in one day. But who is to arbitrate between two + representative bodies chosen by different constituent bodies? Look at what + is now passing in America. Of all federal constitutions that of the United + States is the best. It was framed by a convention which contained many + wise and experienced men, and over which Washington presided. Yet there is + a debateable ground on the frontier which separates the functions of + Congress from those of the state legislatures. A dispute as to the exact + boundary has lately arisen. Neither party seems disposed to yield: and, if + both persist, there can be no umpire but the sword. + </p> + <p> + For my part, Sir, I have no hesitation in saying that I should very + greatly prefer the total separation which the honourable and learned + gentleman professes to consider as a calamity, to the partial separation + which he has taught his countrymen to regard as a blessing. If, on a fair + trial, it be found that Great Britain and Ireland cannot exist happily + together as parts of one empire, in God's name let them separate. I wish + to see them joined as the limbs of a well formed body are joined. In such + a body the members assist each other: they are nourished by the same food: + if one member suffer, all suffer with it: if one member rejoice, all + rejoice with it. But I do not wish to see the countries united, like those + wretched twins from Siam who were exhibited here a little while ago, by an + unnatural ligament which made each the constant plague of the other, + always in each other's way, more helpless than others because they had + twice as many hands, slower than others because they had twice as many + legs, sympathising with each other only in evil, not feeling each other's + pleasures, not supported by each other's aliments, but tormented by each + other's infirmities, and certain to perish miserably by each other's + dissolution. + </p> + <p> + Ireland has undoubtedly just causes of complaint. We heard those causes + recapitulated last night by the honourable and learned Member, who tells + us that he represents not Dublin alone, but Ireland, and that he stands + between his country and civil war. I do not deny that most of the + grievances which he recounted exist, that they are serious, and that they + ought to be remedied as far as it is in the power of legislation to remedy + them. What I do deny is that they were caused by the Union, and that the + Repeal of the Union would remove them. I listened attentively while the + honourable and learned gentleman went through that long and melancholy + list: and I am confident that he did not mention a single evil which was + not a subject of bitter complaint while Ireland had a domestic parliament. + Is it fair, is it reasonable in the honourable gentleman to impute to the + Union evils which, as he knows better than any other man in this house, + existed long before the Union? Post hoc: ergo, propter hoc is not always + sound reasoning. But ante hoc: ergo, non propter hoc is unanswerable. The + old rustic who told Sir Thomas More that Tenterden steeple was the cause + of Godwin sands reasoned much better than the honourable and learned + gentleman. For it was not till after Tenterden steeple was built that the + frightful wrecks on the Godwin sands were heard of. But the honourable and + learned gentleman would make Godwin sands the cause of Tenterden steeple. + Some of the Irish grievances which he ascribes to the Union are not only + older than the Union, but are not peculiarly Irish. They are common to + England, Scotland, and Ireland; and it was in order to get rid of them + that we, for the common benefit of England, Scotland, and Ireland, passed + the Reform Bill last year. Other grievances which the honourable and + learned gentleman mentioned are doubtless local; but is there to be a + local legislature wherever there is a local grievance? Wales has had local + grievances. We all remember the complaints which were made a few years ago + about the Welsh judicial system; but did anybody therefore propose that + Wales should have a distinct parliament? Cornwall has some local + grievances; but does anybody propose that Cornwall shall have its own + House of Lords and its own House of Commons? Leeds has local grievances. + The majority of my constituents distrust and dislike the municipal + government to which they are subject; they therefore call loudly on us for + corporation reform: but they do not ask us for a separate legislature. Of + this I am quite sure, that every argument which has been urged for the + purpose of showing that Great Britain and Ireland ought to have two + distinct parliaments may be urged with far greater force for the purpose + of showing that the north of Ireland and the south of Ireland ought to + have two distinct parliaments. The House of Commons of the United Kingdom, + it has been said, is chiefly elected by Protestants, and therefore cannot + be trusted to legislate for Catholic Ireland. If this be so, how can an + Irish House of Commons, chiefly elected by Catholics, be trusted to + legislate for Protestant Ulster? It is perfectly notorious that + theological antipathies are stronger in Ireland than here. I appeal to the + honourable and learned gentleman himself. He has often declared that it is + impossible for a Roman Catholic, whether prosecutor or culprit, to obtain + justice from a jury of Orangemen. It is indeed certain that, in blood, + religion, language, habits, character, the population of some of the + northern counties of Ireland has much more in common with the population + of England and Scotland than with the population of Munster and Connaught. + I defy the honourable and learned Member, therefore, to find a reason for + having a parliament at Dublin which will not be just as good a reason for + having another parliament at Londonderry. + </p> + <p> + Sir, in showing, as I think I have shown, the absurdity of this cry for + Repeal, I have in a great measure vindicated myself from the charge of + inconsistency which has been brought against me by my honourable friend + the Member for Lincoln. It is very easy to bring a volume of Hansard to + the House, to read a few sentences of a speech made in very different + circumstances, and to say, "Last year you were for pacifying England by + concession: this year you are for pacifying Ireland by coercion. How can + you vindicate your consistency?" Surely my honourable friend cannot but + know that nothing is easier than to write a theme for severity, for + clemency, for order, for liberty, for a contemplative life, for a active + life, and so on. It was a common exercise in the ancient schools of + rhetoric to take an abstract question, and to harangue first on one side + and then on the other. The question, Ought popular discontents to be + quieted by concession or coercion? would have been a very good subject for + oratory of this kind. There is no lack of commonplaces on either side. But + when we come to the real business of life, the value of these commonplaces + depends entirely on the particular circumstances of the case which we are + discussing. Nothing is easier than to write a treatise proving that it is + lawful to resist extreme tyranny. Nothing is easier than to write a + treatise setting forth the wickedness of wantonly bringing on a great + society the miseries inseparable from revolution, the bloodshed, the + spoliation, the anarchy. Both treatises may contain much that is true; but + neither will enable us to decide whether a particular insurrection is or + is not justifiable without a close examination of the facts. There is + surely no inconsistency in speaking with respect of the memory of Lord + Russell and with horror of the crime of Thistlewood; and, in my opinion, + the conduct of Russell and the conduct of Thistlewood did not differ more + widely than the cry for Parliamentary Reform and the cry for the Repeal of + the Union. The Reform Bill I believe to be a blessing to the nation. + Repeal I know to be a mere delusion. I know it to be impracticable: and I + know that, if it were practicable, it would be pernicious to every part of + the empire, and utterly ruinous to Ireland. Is it not then absurd to say + that, because I wished last year to quiet the English people by giving + them that which was beneficial to them, I am therefore bound in + consistency to quiet the Irish people this year by giving them that which + will be fatal to them? I utterly deny, too, that, in consenting to arm the + government with extraordinary powers for the purpose of repressing + disturbances in Ireland, I am guilty of the smallest inconsistency. On + what occasion did I ever refuse to support any government in repressing + disturbances? It is perfectly true that, in the debates on the Reform + Bill, I imputed the tumults and outrages of 1830 to misrule. But did I + ever say that those tumults and outrages ought to be tolerated? I did + attribute the Kentish riots, the Hampshire riots, the burning of corn + stacks, the destruction of threshing machines, to the obstinacy with which + the Ministers of the Crown had refused to listen to the demands of the + people. But did I ever say that the rioters ought not to be imprisoned, + that the incendiaries ought not to be hanged? I did ascribe the disorders + of Nottingham and the fearful sacking of Bristol to the unwise rejection + of the Reform Bill by the Lords. But did I ever say that such excesses as + were committed at Nottingham and Bristol ought not to be put down, if + necessary, by the sword? + </p> + <p> + I would act towards Ireland on the same principles on which I acted + towards England. In Ireland, as in England, I would remove every just + cause of complaint; and in Ireland, as in England, I would support the + Government in preserving the public peace. What is there inconsistent in + this? My honourable friend seems to think that no person who believes that + disturbances have been caused by maladministration can consistently lend + his help to put down those disturbances. If that be so, the honourable and + learned Member for Dublin is quite as inconsistent as I am; indeed, much + more so; for he thinks very much worse of the Government than I do; and + yet he declares himself willing to assist the Government in quelling the + tumults which, as he assures us, its own misconduct is likely to produce. + He told us yesterday that our harsh policy might perhaps goad the + unthinking populace of Ireland into insurrection; and he added that, if + there should be insurrection, he should, while execrating us as the + authors of all the mischief, be found in our ranks, and should be ready to + support us in everything that might be necessary for the restoration of + order. As to this part of the subject, there is no difference in principle + between the honourable and learned gentleman and myself. In his opinion, + it is probable that a time may soon come when vigorous coercion may be + necessary, and when it may be the duty of every friend of Ireland to + co-operate in the work of coercion. In my opinion, that time has already + come. The grievances of Ireland are doubtless great, so great that I never + would have connected myself with a Government which I did not believe to + be intent on redressing those grievances. But am I, because the grievances + of Ireland are great, and ought to be redressed, to abstain from + redressing the worst grievance of all? Am I to look on quietly while the + laws are insulted by a furious rabble, while houses are plundered and + burned, while my peaceable fellow-subjects are butchered? The distribution + of Church property, you tell us, is unjust. Perhaps I agree with you. But + what then? To what purpose is it to talk about the distribution of Church + property, while no property is secure? Then you try to deter us from + putting down robbery, arson, and murder, by telling us that if we resort + to coercion we shall raise a civil war. We are past that fear. Recollect + that, in one county alone, there have been within a few weeks sixty + murders or assaults with intent to murder and six hundred burglaries. + Since we parted last summer the slaughter in Ireland has exceeded the + slaughter of a pitched battle: the destruction of property has been as + great as would have been caused by the storming of three or four towns. + Civil war, indeed! I would rather live in the midst of any civil war that + we have had in England during the last two hundred years than in some + parts of Ireland at the present moment. Rather, much rather, would I have + lived on the line of march of the Pretender's army in 1745 than in + Tipperary now. It is idle to threaten us with civil war; for we have it + already; and it is because we are resolved to put an end to it that we are + called base, and brutal, and bloody. Such are the epithets which the + honourable and learned Member for Dublin thinks it becoming to pour forth + against the party to which he owes every political privilege that he + enjoys. He need not fear that any member of that party will be provoked + into a conflict of scurrility. Use makes even sensitive minds callous to + invective: and, copious as his vocabulary is, he will not easily find in + it any foul name which has not been many times applied to those who sit + around me, on account of the zeal and steadiness with which they supported + the emancipation of the Roman Catholics. His reproaches are not more + stinging than the reproaches which, in times not very remote, we endured + unflinchingly in his cause. I can assure him that men who faced the cry of + No Popery are not likely to be scared by the cry of Repeal. The time will + come when history will do justice to the Whigs of England, and will + faithfully relate how much they did and suffered for Ireland; how, for the + sake of Ireland, they quitted office in 1807; how, for the sake of + Ireland, they remained out of office more than twenty years, braving the + frowns of the Court, braving the hisses of the multitude, renouncing + power, and patronage, and salaries, and peerages, and garters, and yet not + obtaining in return even a little fleeting popularity. I see on the + benches near me men who might, by uttering one word against Catholic + Emancipation, nay, by merely abstaining from uttering a word in favour of + Catholic Emancipation, have been returned to this House without difficulty + or expense, and who, rather than wrong their Irish fellow-subjects, were + content to relinquish all the objects of their honourable ambition, and to + retire into private life with conscience and fame untarnished. As to one + eminent person, who seems to be regarded with especial malevolence by + those who ought never to mention his name without reverence and gratitude, + I will say only this: that the loudest clamour which the honourable and + learned gentleman can excite against Lord Grey will be trifling when + compared with the clamour which Lord Grey withstood in order to place the + honourable and learned gentleman where he now sits. Though a young member + of the Whig party, I will venture to speak in the name of the whole body. + I tell the honourable and learned gentleman, that the same spirit which + sustained us in a just contest for him will sustain us in an equally just + contest against him. Calumny, abuse, royal displeasure, popular fury, + exclusion from office, exclusion from Parliament, we were ready to endure + them all, rather than that he should be less than a British subject. We + never will suffer him to be more. + </p> + <p> + I stand here, Sir, for the first time as the representative of a new + constituent body, one of the largest, most prosperous, and most + enlightened towns in the kingdom. The electors of Leeds, believing that at + this time the service of the people is not incompatible with the service + of the Crown, have sent me to this House charged, in the language of His + Majesty's writ, to do and consent, in their name and in their behalf, to + such things as shall be proposed in the great Council of the nation. In + the name, then, and on the behalf of my constituents, I give my full + assent to that part of the Address wherein the House declares its + resolution to maintain inviolate, by the help of God, the connection + between Great Britain and Ireland, and to intrust to the Sovereign such + powers as shall be necessary to secure property, to restore order, and to + preserve the integrity of the empire. + </p> + <hr /> + <p> + <a name="link2H_4_0013" id="link2H_4_0013"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + JEWISH DISABILITIES. (April 17, 1833) a speech delivered in a committee of + the whole house OF COMMONS ON THE 17TH OF APRIL, 1833. + </h2> + <p> + On the seventeenth of April, 1833, the House of Commons resolved itself + into a Committee to consider of the civil disabilities of the Jews. Mr + Warburton took the chair. Mr Robert Grant moved the following resolution:— + </p> + <p> + "That it is the opinion of this Committee that it is expedient to remove + all civil disabilities at present existing with respect to His Majesty's + subjects professing the Jewish religion, with the like exceptions as are + provided with respect to His Majesty's subjects professing the Roman + Catholic religion." + </p> + <p> + The resolution passed without a division, after a warm debate, in the + course of which the following Speech was made. + </p> + <p> + Mr Warburton,—I recollect, and my honourable friend the Member for + the University of Oxford will recollect, that when this subject was + discussed three years ago, it was remarked, by one whom we both loved and + whom we both regret, that the strength of the case of the Jews was a + serious inconvenience to their advocate, for that it was hardly possible + to make a speech for them without wearying the audience by repeating + truths which were universally admitted. If Sir James Mackintosh felt this + difficulty when the question was first brought forward in this House, I + may well despair of being able now to offer any arguments which have a + pretence to novelty. + </p> + <p> + My honourable friend, the Member for the University of Oxford, began his + speech by declaring that he had no intention of calling in question the + principles of religious liberty. He utterly disclaims persecution, that is + to say, persecution as defined by himself. It would, in his opinion, be + persecution to hang a Jew, or to flay him, or to draw his teeth, or to + imprison him, or to fine him; for every man who conducts himself peaceably + has a right to his life and his limbs, to his personal liberty and his + property. But it is not persecution, says my honourable friend, to exclude + any individual or any class from office; for nobody has a right to office: + in every country official appointments must be subject to such regulations + as the supreme authority may choose to make; nor can any such regulations + be reasonably complained of by any member of the society as unjust. He who + obtains an office obtains it, not as matter of right, but as matter of + favour. He who does not obtain an office is not wronged; he is only in + that situation in which the vast majority of every community must + necessarily be. There are in the United Kingdom five and twenty million + Christians without places; and, if they do not complain, why should five + and twenty thousand Jews complain of being in the same case? In this way + my honourable friend has convinced himself that, as it would be most + absurd in him and me to say that we are wronged because we are not + Secretaries of State, so it is most absurd in the Jews to say that they + are wronged, because they are, as a people, excluded from public + employment. + </p> + <p> + Now, surely my honourable friend cannot have considered to what + conclusions his reasoning leads. Those conclusions are so monstrous that + he would, I am certain, shrink from them. Does he really mean that it + would not be wrong in the legislature to enact that no man should be a + judge unless he weighed twelve stone, or that no man should sit in + parliament unless he were six feet high? We are about to bring in a bill + for the government of India. Suppose that we were to insert in that bill a + clause providing that no graduate of the University of Oxford should be + Governor General or Governor of any Presidency, would not my honourable + friend cry out against such a clause as most unjust to the learned body + which he represents? And would he think himself sufficiently answered by + being told, in his own words, that the appointment to office is a mere + matter of favour, and that to exclude an individual or a class from office + is no injury? Surely, on consideration, he must admit that official + appointments ought not to be subject to regulations purely arbitrary, to + regulations for which no reason can be given but mere caprice, and that + those who would exclude any class from public employment are bound to show + some special reason for the exclusion. + </p> + <p> + My honourable friend has appealed to us as Christians. Let me then ask him + how he understands that great commandment which comprises the law and the + prophets. Can we be said to do unto others as we would that they should do + unto us if we wantonly inflict on them even the smallest pain? As + Christians, surely we are bound to consider, first, whether, by excluding + the Jews from all public trust, we give them pain; and, secondly, whether + it be necessary to give them that pain in order to avert some greater + evil. That by excluding them from public trust we inflict pain on them my + honourable friend will not dispute. As a Christian, therefore, he is bound + to relieve them from that pain, unless he can show, what I am sure he has + not yet shown, that it is necessary to the general good that they should + continue to suffer. + </p> + <p> + But where, he says, are you to stop, if once you admit into the House of + Commons people who deny the authority of the Gospels? Will you let in a + Mussulman? Will you let in a Parsee? Will you let in a Hindoo, who + worships a lump of stone with seven heads? I will answer my honourable + friend's question by another. Where does he mean to stop? Is he ready to + roast unbelievers at slow fires? If not, let him tell us why: and I will + engage to prove that his reason is just as decisive against the + intolerance which he thinks a duty, as against the intolerance which he + thinks a crime. Once admit that we are bound to inflict pain on a man + because he is not of our religion; and where are you to stop? Why stop at + the point fixed by my honourable friend rather than at the point fixed by + the honourable Member for Oldham (Mr Cobbett.), who would make the Jews + incapable of holding land? And why stop at the point fixed by the + honourable Member for Oldham rather than at the point which would have + been fixed by a Spanish Inquisitor of the sixteenth century? When once you + enter on a course of persecution, I defy you to find any reason for making + a halt till you have reached the extreme point. When my honourable friend + tells us that he will allow the Jews to possess property to any amount, + but that he will not allow them to possess the smallest political power, + he holds contradictory language. Property is power. The honourable Member + for Oldham reasons better than my honourable friend. The honourable Member + for Oldham sees very clearly that it is impossible to deprive a man of + political power if you suffer him to be the proprietor of half a county, + and therefore very consistently proposes to confiscate the landed estates + of the Jews. But even the honourable Member for Oldham does not go far + enough. He has not proposed to confiscate the personal property of the + Jews. Yet it is perfectly certain that any Jew who has a million may + easily make himself very important in the State. By such steps we pass + from official power to landed property, and from landed property to + personal property, and from property to liberty, and from liberty to life. + In truth, those persecutors who use the rack and the stake have much to + say for themselves. They are convinced that their end is good; and it must + be admitted that they employ means which are not unlikely to attain the + end. Religious dissent has repeatedly been put down by sanguinary + persecution. In that way the Albigenses were put down. In that way + Protestantism was suppressed in Spain and Italy, so that it has never + since reared its head. But I defy any body to produce an instance in which + disabilities such as we are now considering have produced any other effect + than that of making the sufferers angry and obstinate. My honourable + friend should either persecute to some purpose, or not persecute at all. + He dislikes the word persecution I know. He will not admit that the Jews + are persecuted. And yet I am confident that he would rather be sent to the + King's Bench Prison for three months, or be fined a hundred pounds, than + be subject to the disabilities under which the Jews lie. How can he then + say that to impose such disabilities is not persecution, and that to fine + and imprison is persecution? All his reasoning consists in drawing + arbitrary lines. What he does not wish to inflict he calls persecution. + What he does wish to inflict he will not call persecution. What he takes + from the Jews he calls political power. What he is too good-natured to + take from the Jews he will not call political power. The Jew must not sit + in Parliament: but he may be the proprietor of all the ten pound houses in + a borough. He may have more fifty pound tenants than any peer in the + kingdom. He may give the voters treats to please their palates, and hire + bands of gipsies to break their heads, as if he were a Christian and a + Marquess. All the rest of this system is of a piece. The Jew may be a + juryman, but not a judge. He may decide issues of fact, but not issues of + law. He may give a hundred thousand pounds damages; but he may not in the + most trivial case grant a new trial. He may rule the money market: he may + influence the exchanges: he may be summoned to congresses of Emperors and + Kings. Great potentates, instead of negotiating a loan with him by tying + him in a chair and pulling out his grinders, may treat with him as with a + great potentate, and may postpone the declaring of war or the signing of a + treaty till they have conferred with him. All this is as it should be: but + he must not be a Privy Councillor. He must not be called Right Honourable, + for that is political power. And who is it that we are trying to cheat in + this way? Even Omniscience. Yes, Sir; we have been gravely told that the + Jews are under the divine displeasure, and that if we give them political + power God will visit us in judgment. Do we then think that God cannot + distinguish between substance and form? Does not He know that, while we + withhold from the Jews the semblance and name of political power, we + suffer them to possess the substance? The plain truth is that my + honourable friend is drawn in one direction by his opinions, and in a + directly opposite direction by his excellent heart. He halts between two + opinions. He tries to make a compromise between principles which admit of + no compromise. He goes a certain way in intolerance. Then he stops, + without being able to give a reason for stopping. But I know the reason. + It is his humanity. Those who formerly dragged the Jew at a horse's tail, + and singed his beard with blazing furzebushes, were much worse men than my + honourable friend; but they were more consistent than he. + </p> + <p> + It has been said that it would be monstrous to see a Jew judge try a man + for blasphemy. In my opinion it is monstrous to see any judge try a man + for blasphemy under the present law. But, if the law on that subject were + in a sound state, I do not see why a conscientious Jew might not try a + blasphemer. Every man, I think, ought to be at liberty to discuss the + evidences of religion; but no man ought to be at liberty to force on the + unwilling ears and eyes of others sounds and sights which must cause + annoyance and irritation. The distinction is clear. I think it wrong to + punish a man for selling Paine's Age of Reason in a back-shop to those who + choose to buy, or for delivering a Deistical lecture in a private room to + those who choose to listen. But if a man exhibits at a window in the + Strand a hideous caricature of that which is an object of awe and + adoration to nine hundred and ninety-nine out of every thousand of people + who pass up and down that great thoroughfare; if a man in a place of + public resort applies opprobrious epithets to names held in reverence by + all Christians; such a man ought, in my opinion, to be severely punished, + not for differing from us in opinion, but for committing a nuisance which + gives us pain and disgust. He is no more entitled to outrage our feelings + by obtruding his impiety on us, and to say that he is exercising his right + of discussion, than to establish a yard for butchering horses close to our + houses, and to say that he is exercising his right of property, or to run + naked up and down the public streets, and to say that he is exercising his + right of locomotion. He has a right of discussion, no doubt, as he has a + right of property and a right of locomotion. But he must use all his + rights so as not to infringe the rights of others. + </p> + <p> + These, Sir, are the principles on which I would frame the law of + blasphemy; and if the law were so framed, I am at a loss to understand why + a Jew might not enforce it as well as a Christian. I am not a Roman + Catholic; but if I were a judge at Malta, I should have no scruple about + punishing a bigoted Protestant who should burn the Pope in effigy before + the eyes of thousands of Roman Catholics. I am not a Mussulman; but if I + were a judge in India, I should have no scruple about punishing a + Christian who should pollute a mosque. Why, then, should I doubt that a + Jew, raised by his ability, learning, and integrity to the judicial bench, + would deal properly with any person who, in a Christian country, should + insult the Christian religion? + </p> + <p> + But, says my honourable friend, it has been prophesied that the Jews are + to be wanderers on the face of the earth, and that they are not to mix on + terms of equality with the people of the countries in which they sojourn. + Now, Sir, I am confident that I can demonstrate that this is not the sense + of any prophecy which is part of Holy Writ. For it is an undoubted fact + that, in the United States of America, Jewish citizens do possess all the + privileges possessed by Christian citizens. Therefore, if the prophecies + mean that the Jews never shall, during their wanderings, be admitted by + other nations to equal participation of political rights, the prophecies + are false. But the prophecies are certainly not false. Therefore their + meaning cannot be that which is attributed to them by my honourable + friend. + </p> + <p> + Another objection which has been made to this motion is that the Jews look + forward to the coming of a great deliverer, to their return to Palestine, + to the rebuilding of their Temple, to the revival of their ancient + worship, and that therefore they will always consider England, not their + country, but merely as their place of exile. But, surely, Sir, it would be + the grossest ignorance of human nature to imagine that the anticipation of + an event which is to happen at some time altogether indefinite, of an + event which has been vainly expected during many centuries, of an event + which even those who confidently expect that it will happen do not + confidently expect that they or their children or their grandchildren will + see, can ever occupy the minds of men to such a degree as to make them + regardless of what is near and present and certain. Indeed Christians, as + well as Jews, believe that the existing order of things will come to an + end. Many Christians believe that Jesus will visibly reign on earth during + a thousand years. Expositors of prophecy have gone so far as to fix the + year when the Millennial period is to commence. The prevailing opinion is, + I think, in favour of the year 1866; but, according to some commentators, + the time is close at hand. Are we to exclude all millennarians from + Parliament and office, on the ground that they are impatiently looking + forward to the miraculous monarchy which is to supersede the present + dynasty and the present constitution of England, and that therefore they + cannot be heartily loyal to King William? + </p> + <p> + In one important point, Sir, my honourable friend, the Member for the + University of Oxford, must acknowledge that the Jewish religion is of all + erroneous religions the least mischievous. There is not the slightest + chance that the Jewish religion will spread. The Jew does not wish to make + proselytes. He may be said to reject them. He thinks it almost culpable in + one who does not belong to his race to presume to belong to his religion. + It is therefore not strange that a conversion from Christianity to Judaism + should be a rarer occurrence than a total eclipse of the sun. There was + one distinguished convert in the last century, Lord George Gordon; and the + history of his conversion deserves to be remembered. For if ever there was + a proselyte of whom a proselytising sect would have been proud, it was + Lord George; not only because he was a man of high birth and rank; not + only because he had been a member of the legislature; but also because he + had been distinguished by the intolerance, nay, the ferocity, of his zeal + for his own form of Christianity. But was he allured into the Synagogue? + Was he even welcomed to it? No, sir; he was coldly and reluctantly + permitted to share the reproach and suffering of the chosen people; but he + was sternly shut out from their privileges. He underwent the painful rite + which their law enjoins. But when, on his deathbed, he begged hard to be + buried among them according to their ceremonial, he was told that his + request could not be granted. I understand that cry of "Hear." It reminds + me that one of the arguments against this motion is that the Jews are an + unsocial people, that they draw close to each other, and stand aloof from + strangers. Really, Sir, it is amusing to compare the manner in which the + question of Catholic emancipation was argued formerly by some gentlemen + with the manner in which the question of Jew emancipation is argued by the + same gentlemen now. When the question was about Catholic emancipation, the + cry was, "See how restless, how versatile, how encroaching, how + insinuating, is the spirit of the Church of Rome. See how her priests + compass earth and sea to make one proselyte, how indefatigably they toil, + how attentively they study the weak and strong parts of every character, + how skilfully they employ literature, arts, sciences, as engines for the + propagation of their faith. You find them in every region and under every + disguise, collating manuscripts in the Bodleian, fixing telescopes in the + observatory of Pekin, teaching the use of the plough and the + spinning-wheel to the savages of Paraguay. Will you give power to the + members of a Church so busy, so aggressive, so insatiable?" Well, now the + question is about people who never try to seduce any stranger to join + them, and who do not wish anybody to be of their faith who is not also of + their blood. And now you exclaim, "Will you give power to the members of a + sect which remains sullenly apart from other sects, which does not invite, + nay, which hardly ever admits neophytes?" The truth is, that bigotry will + never want a pretence. Whatever the sect be which it is proposed to + tolerate, the peculiarities of that sect will, for the time, be pronounced + by intolerant men to be the most odious and dangerous that can be + conceived. As to the Jews, that they are unsocial as respects religion is + true; and so much the better: for, surely, as Christians, we cannot wish + that they should bestir themselves to pervert us from our own faith. But + that the Jews would be unsocial members of the civil community, if the + civil community did its duty by them, has never been proved. My right + honourable friend who made the motion which we are discussing has produced + a great body of evidence to show that they have been grossly + misrepresented; and that evidence has not been refuted by my honourable + friend the Member for the University of Oxford. But what if it were true + that the Jews are unsocial? What if it were true that they do not regard + England as their country? Would not the treatment which they have + undergone explain and excuse their antipathy to the society in which they + live? Has not similar antipathy often been felt by persecuted Christians + to the society which persecuted them? While the bloody code of Elizabeth + was enforced against the English Roman Catholics, what was the patriotism + of Roman Catholics? Oliver Cromwell said that in his time they were + Espaniolised. At a later period it might have been said that they were + Gallicised. It was the same with the Calvinists. What more deadly enemies + had France in the days of Louis the Fourteenth than the persecuted + Huguenots? But would any rational man infer from these facts that either + the Roman Catholic as such, or the Calvinist as such, is incapable of + loving the land of his birth? If England were now invaded by Roman + Catholics, how many English Roman Catholics would go over to the invader? + If France were now attacked by a Protestant enemy, how many French + Protestants would lend him help? Why not try what effect would be produced + on the Jews by that tolerant policy which has made the English Roman + Catholic a good Englishman, and the French Calvinist a good Frenchman? + </p> + <p> + Another charge has been brought against the Jews, not by my honourable + friend the Member for the University of Oxford—he has too much + learning and too much good feeling to make such a charge—but by the + honourable Member for Oldham, who has, I am sorry to see, quitted his + place. The honourable Member for Oldham tells us that the Jews are + naturally a mean race, a sordid race, a money-getting race; that they are + averse to all honourable callings; that they neither sow nor reap; that + they have neither flocks nor herds; that usury is the only pursuit for + which they are fit; that they are destitute of all elevated and amiable + sentiments. Such, Sir, has in every age been the reasoning of bigots. They + never fail to plead in justification of persecution the vices which + persecution has engendered. England has been to the Jews less than half a + country; and we revile them because they do not feel for England more than + a half patriotism. We treat them as slaves, and wonder that they do not + regard us as brethren. We drive them to mean occupations, and then + reproach them for not embracing honourable professions. We long forbade + them to possess land; and we complain that they chiefly occupy themselves + in trade. We shut them out from all the paths of ambition; and then we + despise them for taking refuge in avarice. During many ages we have, in + all our dealings with them, abused our immense superiority of force; and + then we are disgusted because they have recourse to that cunning which is + the natural and universal defence of the weak against the violence of the + strong. But were they always a mere money-changing, money-getting, + money-hoarding race? Nobody knows better than my honourable friend the + Member for the University of Oxford that there is nothing in their + national character which unfits them for the highest duties of citizens. + He knows that, in the infancy of civilisation, when our island was as + savage as New Guinea, when letters and arts were still unknown to Athens, + when scarcely a thatched hut stood on what was afterwards the site of + Rome, this contemned people had their fenced cities and cedar palaces, + their splendid Temple, their fleets of merchant ships, their schools of + sacred learning, their great statesmen and soldiers, their natural + philosophers, their historians and their poets. What nation ever contended + more manfully against overwhelming odds for its independence and religion? + What nation ever, in its last agonies, gave such signal proofs of what may + be accomplished by a brave despair? And if, in the course of many + centuries, the oppressed descendants of warriors and sages have + degenerated from the qualities of their fathers, if, while excluded from + the blessings of law, and bowed down under the yoke of slavery, they have + contracted some of the vices of outlaws and of slaves, shall we consider + this as matter of reproach to them? Shall we not rather consider it as + matter of shame and remorse to ourselves? Let us do justice to them. Let + us open to them the door of the House of Commons. Let us open to them + every career in which ability and energy can be displayed. Till we have + done this, let us not presume to say that there is no genius among the + countrymen of Isaiah, no heroism among the descendants of the Maccabees. + </p> + <p> + Sir, in supporting the motion of my honourable friend, I am, I firmly + believe, supporting the honour and the interests of the Christian + religion. I should think that I insulted that religion if I said that it + cannot stand unaided by intolerant laws. Without such laws it was + established, and without such laws it may be maintained. It triumphed over + the superstitions of the most refined and of the most savage nations, over + the graceful mythology of Greece and the bloody idolatry of the Northern + forests. It prevailed over the power and policy of the Roman empire. It + tamed the barbarians by whom that empire was overthrown. But all these + victories were gained not by the help of intolerance, but in spite of the + opposition of intolerance. The whole history of Christianity proves that + she has little indeed to fear from persecution as a foe, but much to fear + from persecution as an ally. May she long continue to bless our country + with her benignant influence, strong in her sublime philosophy, strong in + her spotless morality, strong in those internal and external evidences to + which the most powerful and comprehensive of human intellects have yielded + assent, the last solace of those who have outlived every earthly hope, the + last restraint of those who are raised above every earthly fear! But let + not us, mistaking her character and her interests, fight the battle of + truth with the weapons of error, and endeavour to support by oppression + that religion which first taught the human race the great lesson of + universal charity. + </p> + <hr /> + <p> + <a name="link2H_4_0014" id="link2H_4_0014"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + GOVERNMENT OF INDIA. (JULY 10, 1833) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE 10TH OF JULY 1833. + </h2> + <p> + On Wednesday, the tenth of July 1833, Mr Charles Grant, President of the + Board of Control, moved that the Bill for effecting an arrangement with + the India Company, and for the better government of His Majesty's Indian + territories, should be read a second time. The motion was carried without + a division, but not without a long debate, in the course of which the + following Speech was made. + </p> + <p> + Having, while this bill was in preparation, enjoyed the fullest and + kindest confidence of my right honourable friend, the President of the + Board of Control, agreeing with him completely in all those views which on + a former occasion he so luminously and eloquently developed, having shared + his anxieties, and feeling that in some degree I share his responsibility, + I am naturally desirous to obtain the attention of the House while I + attempt to defend the principles of the proposed arrangement. I wish that + I could promise to be very brief; but the subject is so extensive that I + will only promise to condense what I have to say as much as I can. + </p> + <p> + I rejoice, Sir, that I am completely dispensed, by the turn which our + debates have taken, from the necessity of saying anything in favour of one + part of our plan, the opening of the China trade. No voice, I believe, has + yet been raised here in support of the monopoly. On that subject all + public men of all parties seem to be agreed. The resolution proposed by + the Ministers has received the unanimous assent of both Houses, and the + approbation of the whole kingdom. I will not, therefore, Sir, detain you + by vindicating what no gentleman has yet ventured to attack, but will + proceed to call your attention to those effects which this great + commercial revolution necessarily produced on the system of Indian + government and finance. + </p> + <p> + The China trade is to be opened. Reason requires this. Public opinion + requires it. The Government of the Duke of Wellington felt the necessity + as strongly as the Government of Lord Grey. No Minister, Whig or Tory, + could have been found to propose a renewal of the monopoly. No parliament, + reformed or unreformed, would have listened to such a proposition. But + though the opening of the trade was a matter concerning which the public + had long made up its mind, the political consequences which must + necessarily follow from the opening of the trade seem to me to be even now + little understood. The language which I have heard in almost every circle + where the subject was discussed was this: "Take away the monopoly, and + leave the government of India to the Company:" a very short and convenient + way of settling one of the most complicated questions that ever a + legislature had to consider. The honourable Member for Sheffield (Mr + Buckingham.), though not disposed to retain the Company as an organ of + government, has repeatedly used language which proves that he shares in + the general misconception. The fact is that the abolition of the monopoly + rendered it absolutely necessary to make a fundamental change in the + constitution of that great Corporation. + </p> + <p> + The Company had united in itself two characters, the character of trader + and the character of sovereign. Between the trader and the sovereign there + was a long and complicated account, almost every item of which furnished + matter for litigation. While the monopoly continued, indeed, litigation + was averted. The effect of the monopoly was, to satisfy the claims both of + commerce and of territory, at the expense of a third party, the English + people: to secure at once funds for the dividend of the stockholder and + funds for the government of the Indian Empire, by means of a heavy tax on + the tea consumed in this country. But, when the third party would no + longer bear this charge, all the great financial questions which had, at + the cost of that third party, been kept in abeyance, were opened in an + instant. The connection between the Company in its mercantile capacity, + and the same Company in its political capacity, was dissolved. Even if the + Company were permitted, as has been suggested, to govern India, and at the + same time to trade with China, no advances would be made from the profits + of its Chinese trade for the support of its Indian government. It was in + consideration of the exclusive privilege that the Company had hitherto + been required to make those advances; it was by the exclusive privilege + that the Company had been enabled to make them. When that privilege was + taken away, it would be unreasonable in the legislature to impose such an + obligation, and impossible for the Company to fulfil it. The whole system + of loans from commerce to territory, and repayments from territory to + commerce, must cease. Each party must rest altogether on its own + resources. It was therefore absolutely necessary to ascertain what + resources each party possessed, to bring the long and intricate account + between them to a close, and to assign to each a fair portion of assets + and liabilities. There was vast property. How much of that property was + applicable to purposes of state? How much was applicable to a dividend? + There were debts to the amount of many millions. Which of these were the + debts of the government that ruled at Calcutta? Which of the great + mercantile house that bought tea at Canton? Were the creditors to look to + the land revenues of India for their money? Or, were they entitled to put + executions into the warehouses behind Bishopsgate Street? + </p> + <p> + There were two ways of settling these questions—adjudication and + compromise. The difficulties of adjudication were great; I think + insuperable. Whatever acuteness and diligence could do has been done. One + person in particular, whose talents and industry peculiarly fitted him for + such investigations, and of whom I can never think without regret, Mr Hyde + Villiers, devoted himself to the examination with an ardour and a + perseverance, which, I believe, shortened a life most valuable to his + country and to his friends. The assistance of the most skilful accountants + has been called in. But the difficulties are such as no accountant, + however skilful, could possibly remove. The difficulties are not + arithmetical, but political. They arise from the constitution of the + Company, from the long and intimate union of the commercial and imperial + characters in one body. Suppose that the treasurer of a charity were to + mix up the money which he receives on account of the charity with his own + private rents and dividends, to pay the whole into his bank to his own + private account, to draw it out again by cheques in exactly the same form + when he wanted it for his private expenses, and when he wanted it for the + purposes of his public trust. Suppose that he were to continue to act thus + till he was himself ignorant whether he were in advance or in arrear; and + suppose that many years after his death a question were to arise whether + his estate were in debt to the charity or the charity in debt to his + estate. Such is the question which is now before us, with this important + difference; that the accounts of an individual could not be in such a + state unless he had been guilty of fraud, or of that gross negligence + which is scarcely less culpable than fraud, and that the accounts of the + Company were brought into this state by circumstances of a very peculiar + kind, by circumstances unparalleled in the history of the world. + </p> + <p> + It is a mistake to suppose that the Company was a merely commercial body + till the middle of the last century. Commerce was its chief object; but in + order to enable it to pursue that object, it had been, like the other + Companies which were its rivals, like the Dutch India Company, like the + French India Company, invested from a very early period with political + functions. More than a hundred and twenty years ago, the Company was in + miniature precisely what it now is. It was intrusted with the very highest + prerogatives of sovereignty. It had its forts, and its white captains, and + its black sepoys; it had its civil and criminal tribunals; it was + authorised to proclaim martial law; it sent ambassadors to the native + governments, and concluded treaties with them; it was Zemindar of several + districts, and within those districts, like other Zemindars of the first + class, it exercised the powers of a sovereign, even to the infliction of + capital punishment on the Hindoos within its jurisdiction. It is + incorrect, therefore, to say, that the Company was at first a mere trader, + and has since become a sovereign. It was at first a great trader and a + petty prince. The political functions at first attracted little notice, + because they were merely auxiliary to the commercial functions. By + degrees, however, the political functions became more and more important. + The Zemindar became a great nabob, became sovereign of all India; the two + hundred sepoys became two hundred thousand. This change was gradually + wrought, and was not immediately comprehended. It was natural that, while + the political functions of the Company were merely auxiliary to its + commerce, the political accounts should have been mixed up with the + commercial accounts. It was equally natural that this mode of keeping + accounts, having once been established, should have remained unaltered; + and the more so, as the change in the situation of the Company, though + rapid, was not sudden. It is impossible to name any one day, or any one + year, as the day or the year when the Company became a great potentate. It + has been the fashion indeed to fix on the year 1765, the year in which the + Mogul issued a commission authorising the Company to administer the + revenues of Bengal, Bahar, and Orissa, as the precise date of the + accession of this singular body to sovereignty. I am utterly at a loss to + understand why this epoch should be selected. Long before 1765 the Company + had the reality of political power. Long before that year, they made a + Nabob of Arcot; they made and unmade Nabobs of Bengal; they humbled the + Vizier of Oude; they braved the Emperor of Hindostan himself; more than + half the revenues of Bengal were, under one pretence or another, + administered by them. And after the grant, the Company was not, in form + and name, an independent power. It was merely a minister of the Court of + Delhi. Its coinage bore the name of Shah Alam. The inscription which, down + to the time of the Marquess of Hastings, appeared on the seal of the + Governor-General, declared that great functionary to be the slave of the + Mogul. Even to this day we have never formally deposed the King of Delhi. + The Company contents itself with being Mayor of the Palace, while the Roi + Faineant is suffered to play at being a sovereign. In fact, it was + considered, both by Lord Clive and by Warren Hastings, as a point of + policy to leave the character of the Company thus undefined, in order that + the English might treat the princes in whose names they governed as + realities or nonentities, just as might be most convenient. + </p> + <p> + Thus the transformation of the Company from a trading body, which + possessed some sovereign prerogatives for the purposes of trade, into a + sovereign body, the trade of which was auxiliary to its sovereignty, was + effected by degrees and under disguise. It is not strange, therefore, that + the mercantile and political transactions of this great corporation should + be entangled together in inextricable complication. The commercial + investments have been purchased out of the revenues of the empire. The + expenses of war and government have been defrayed out of the profits of + the trade. Commerce and territory have contributed to the improvement of + the same spot of land, to the repairs of the same building. Securities + have been given in precisely the same form for money which has been + borrowed for purposes of State, and for money which has been borrowed for + purposes of traffic. It is easy, indeed,—and this is a circumstance + which has, I think, misled some gentlemen,—it is easy to see what + part of the assets of the Company appears in a commercial form, and what + part appears in a political or territorial form. But this is not the + question. Assets which are commercial in form may be territorial as + respects the right of property; assets which are territorial in form may + be commercial as respects the right of property. A chest of tea is not + necessarily commercial property; it may have been bought out of the + territorial revenue. A fort is not necessarily territorial property; it + may stand on ground which the Company bought a hundred years ago out of + their commercial profits. Adjudication, if by adjudication be meant + decision according to some known rule of law, was out of the question. To + leave matters like these to be determined by the ordinary maxims of our + civil jurisprudence would have been the height of absurdity and injustice. + For example, the home bond debt of the Company, it is believed, was + incurred partly for political and partly for commercial purposes. But + there is no evidence which would enable us to assign to each branch its + proper share. The bonds all run in the same form; and a court of justice + would, therefore, of course, either lay the whole burthen on the + proprietors, or lay the whole on the territory. We have legal opinions, + very respectable legal opinions, to the effect, that in strictness of law + the territory is not responsible, and that the commercial assets are + responsible for every farthing of the debts which were incurred for the + government and defence of India. But though this may be, and I believe is, + law, it is, I am sure, neither reason nor justice. On the other hand, it + is urged by the advocates of the Company, that some valuable portions of + the territory are the property of that body in its commercial capacity; + that Calcutta, for example, is the private estate of the Company; that the + Company holds the island of Bombay, in free and common socage, as of the + Manor of East Greenwich. I will not pronounce any opinion on these points. + I have considered them enough to see that there is quite difficulty enough + in them to exercise all the ingenuity of all the lawyers in the kingdom + for twenty years. But the fact is, Sir, that the municipal law was not + made for controversies of this description. The existence of such a body + as this gigantic corporation, this political monster of two natures, + subject in one hemisphere, sovereign in another, had never been + contemplated by the legislators or judges of former ages. Nothing but + grotesque absurdity and atrocious injustice could have been the effect, if + the claims and liabilities of such a body had been settled according to + the rules of Westminster Hall, if the maxims of conveyancers had been + applied to the titles by which flourishing cities and provinces are held, + or the maxims of the law merchant to those promissory notes which are the + securities for a great National Debt, raised for the purpose of + exterminating the Pindarrees and humbling the Burmese. + </p> + <p> + It was, as I have said, absolutely impossible to bring the question + between commerce and territory to a satisfactory adjudication; and I must + add that, even if the difficulties which I have mentioned could have been + surmounted, even if there had been reason to hope that a satisfactory + adjudication could have been obtained, I should still have wished to avoid + that course. I think it desirable that the Company should continue to have + a share in the government of India; and it would evidently have been + impossible, pending a litigation between commerce and territory, to leave + any political power to the Company. It would clearly have been the duty of + those who were charged with the superintendence of India, to be the + patrons of India throughout that momentous litigation, to scrutinise with + the utmost severity every claim which might be made on the Indian + revenues, and to oppose, with energy and perseverance, every such claim, + unless its justice were manifest. If the Company was to be engaged in a + suit for many millions, in a suit which might last for many years, against + the Indian territory, could we entrust the Company with the government of + that territory? Could we put the plaintiff in the situation of prochain + ami of the defendant? Could we appoint governors who would have an + interest opposed in the most direct manner to the interest of the + governed, whose stock would have been raised in value by every decision + which added to the burthens of their subjects, and depressed by every + decision which diminished those burthens? It would be absurd to suppose + that they would efficiently defend our Indian Empire against the claims + which they were themselves bringing against it; and it would be equally + absurd to give the government of the Indian Empire to those who could not + be trusted to defend its interests. + </p> + <p> + Seeing, then, that it was most difficult, if not wholly impossible, to + resort to adjudication between commerce and territory, seeing that, if + recourse were had to adjudication, it would be necessary to make a + complete revolution in the whole constitution of India, the Government has + proposed a compromise. That compromise, with some modifications which did + not in the slightest degree affect its principle, and which, while they + gave satisfaction to the Company, will eventually lay no additional + burthen on the territory, has been accepted. It has, like all other + compromises, been loudly censured by violent partisans on both sides. It + has been represented by some as far too favourable to the Company, and by + others as most unjust to the Company. Sir, I own that we cannot prove that + either of these accusations is unfounded. It is of the very essence of our + case that we should not be able to show that we have assigned, either to + commerce or to territory, its precise due. For our principal reason for + recommending a compromise was our full conviction that it was absolutely + impossible to ascertain with precision what was due to commerce and what + was due to territory. It is not strange that some people should accuse us + of robbing the Company, and others of conferring a vast boon on the + Company, at the expense of India: for we have proposed a middle course, on + the very ground that there was a chance of a result much more favourable + to the Company than our arrangement, and a chance also of a result much + less favourable. If the questions pending between the Company and India + had been decided as the ardent supporters of the Company predicted, India + would, if I calculate rightly, have paid eleven millions more than she + will now have to pay. If those questions had been decided as some violent + enemies of the Company predicted, that great body would have been utterly + ruined. The very meaning of compromise is that each party gives up his + chance of complete success, in order to be secured against the chance of + utter failure. And, as men of sanguine minds always overrate the chances + in their own favour, every fair compromise is sure to be severely censured + on both sides. I conceive that, in a case so dark and complicated as this, + the compromise which we recommend is sufficiently vindicated, if it cannot + be proved to be unfair. We are not bound to prove it to be fair. For it + would have been unnecessary for us to resort to compromise at all if we + had been in possession of evidence which would have enabled us to + pronounce, with certainty, what claims were fair and what were unfair. It + seems to me that we have acted with due consideration for every party. The + dividend which we give to the proprietors is precisely the same dividend + which they have been receiving during forty years, and which they have + expected to receive permanently. The price of their stock bears at present + the same proportion to the price of other stock which it bore four or five + years ago, before the anxiety and excitement which the late negotiations + naturally produced had begun to operate. As to the territory, on the other + hand, it is true that, if the assets which are now in a commercial form + should not produce a fund sufficient to pay the debts and dividend of the + Company, the territory must stand to the loss and pay the difference. But + in return for taking this risk, the territory obtains an immediate release + from claims to the amount of many millions. I certainly do not believe + that all those claims could have been substantiated; but I know that very + able men think differently. And, if only one-fourth of the sum demanded + had been awarded to the Company, India would have lost more than the + largest sum which, as it seems to me, she can possibly lose under the + proposed arrangement. + </p> + <p> + In a pecuniary point of view, therefore, I conceive that we can defend the + measure as it affects the territory. But to the territory the pecuniary + question is of secondary importance. If we have made a good pecuniary + bargain for India, but a bad political bargain, if we have saved three or + four millions to the finances of that country, and given to it, at the + same time, pernicious institutions, we shall indeed have been practising a + most ruinous parsimony. If, on the other hand, it shall be found that we + have added fifty or a hundred thousand pounds a-year to the expenditure of + an empire which yields a revenue of twenty millions, but that we have at + the same time secured to that empire, as far as in us lies, the blessings + of good government, we shall have no reason to be ashamed of our + profusion. I hope and believe that India will have to pay nothing. But on + the most unfavourable supposition that can be made, she will not have to + pay so much to the Company as she now pays annually to a single state + pageant, to the titular Nabob of Bengal, for example, or the titular King + of Delhi. What she pays to these nominal princes, who, while they did + anything, did mischief, and who now do nothing, she may well consent to + pay to her real rulers, if she receives from them, in return, efficient + protection and good legislation. + </p> + <p> + We come then to the great question. Is it desirable to retain the Company + as an organ of government for India? I think that it is desirable. The + question is, I acknowledge, beset with difficulties. We have to solve one + of the hardest problems in politics. We are trying to make brick without + straw, to bring a clean thing out of an unclean, to give a good government + to a people to whom we cannot give a free government. In this country, in + any neighbouring country, it is easy to frame securities against + oppression. In Europe, you have the materials of good government + everywhere ready to your hands. The people are everywhere perfectly + competent to hold some share, not in every country an equal share, but + some share of political power. If the question were, What is the best mode + of securing good government in Europe? the merest smatterer in politics + would answer, representative institutions. In India you cannot have + representative institutions. Of all the innumerable speculators who have + offered their suggestions on Indian politics, not a single one, as far as + I know, however democratical his opinions may be, has ever maintained the + possibility of giving, at the present time, such institutions to India. + One gentleman, extremely well acquainted with the affairs of our Eastern + Empire, a most valuable servant of the Company, and the author of a + History of India, which, though certainly not free from faults, is, I + think, on the whole, the greatest historical work which has appeared in + our language since that of Gibbon, I mean Mr Mill, was examined on this + point. That gentleman is well known to be a very bold and uncompromising + politician. He has written strongly, far too strongly I think, in favour + of pure democracy. He has gone so far as to maintain that no nation which + has not a representative legislature, chosen by universal suffrage, enjoys + security against oppression. But when he was asked before the Committee of + last year, whether he thought representative government practicable in + India, his answer was, "utterly out of the question." This, then, is the + state in which we are. We have to frame a good government for a country + into which, by universal acknowledgment, we cannot introduce those + institutions which all our habits, which all the reasonings of European + philosophers, which all the history of our own part of the world would + lead us to consider as the one great security for good government. We have + to engraft on despotism those blessings which are the natural fruits of + liberty. In these circumstances, Sir, it behoves us to be cautious, even + to the verge of timidity. The light of political science and of history + are withdrawn: we are walking in darkness: we do not distinctly see + whither we are going. It is the wisdom of a man, so situated, to feel his + way, and not to plant his foot till he is well assured that the ground + before him is firm. + </p> + <p> + Some things, however, in the midst of this obscurity, I can see with + clearness. I can see, for example, that it is desirable that the authority + exercised in this country over the Indian government should be divided + between two bodies, between a minister or a board appointed by the Crown, + and some other body independent of the Crown. If India is to be a + dependency of England, to be at war with our enemies, to be at peace with + our allies, to be protected by the English navy from maritime aggression, + to have a portion of the English army mixed with its sepoys, it plainly + follows that the King, to whom the Constitution gives the direction of + foreign affairs, and the command of the military and naval forces, ought + to have a share in the direction of the Indian government. Yet, on the + other hand, that a revenue of twenty millions a year, an army of two + hundred thousand men, a civil service abounding with lucrative situations, + should be left to the disposal of the Crown without any check whatever, is + what no minister, I conceive, would venture to propose. This House is + indeed the check provided by the Constitution on the abuse of the royal + prerogative. But that this House is, or is likely ever to be, an efficient + check on abuses practised in India, I altogether deny. We have, as I + believe we all feel, quite business enough. If we were to undertake the + task of looking into Indian affairs as we look into British affairs, if we + were to have Indian budgets and Indian estimates, if we were to go into + the Indian currency question and the Indian Bank Charter, if to our + disputes about Belgium and Holland, Don Pedro and Don Miguel, were to be + added disputes about the debts of the Guicowar and the disorders of + Mysore, the ex-king of the Afghans and the Maharajah Runjeet Sing; if we + were to have one night occupied by the embezzlements of the Benares mint, + and another by the panic in the Calcutta money market; if the questions of + Suttee or no Suttee, Pilgrim tax or no Pilgrim tax, Ryotwary or Zemindary, + half Batta or whole Batta, were to be debated at the same length at which + we have debated Church reform and the assessed taxes, twenty-four hours a + day and three hundred and sixty-five days a year would be too short a time + for the discharge of our duties. The House, it is plain, has not the + necessary time to settle these matters; nor has it the necessary + knowledge; nor has it the motives to acquire that knowledge. The late + change in its constitution has made it, I believe, a much more faithful + representative of the English people. But it is as far as ever from being + a representative of the Indian people. A broken head in Cold Bath Fields + produces a greater sensation among us than three pitched battles in India. + A few weeks ago we had to decide on a claim brought by an individual + against the revenues of India. If it had been an English question the + walls would scarcely have held the Members who would have flocked to the + division. It was an Indian question; and we could scarcely, by dint of + supplication, make a House. Even when my right honourable friend, the + President of the Board of Control, gave his able and interesting + explanation of the plan which he intended to propose for the government of + a hundred millions of human beings, the attendance was not so large as I + have often seen it on a turnpike bill or a railroad bill. + </p> + <p> + I then take these things as proved, that the Crown must have a certain + authority over India, that there must be an efficient check on the + authority of the Crown, and that the House of Commons cannot be that + efficient check. We must then find some other body to perform that + important office. We have such a body, the Company. Shall we discard it? + </p> + <p> + It is true that the power of the Company is an anomaly in politics. It is + strange, very strange, that a joint-stock society of traders, a society, + the shares of which are daily passed from hand to hand, a society, the + component parts of which are perpetually changing, a society, which, + judging a priori from its constitution, we should have said was as little + fitted for imperial functions as the Merchant Tailors' Company or the New + River Company, should be intrusted with the sovereignty of a larger + population, the disposal of a larger clear revenue, the command of a + larger army, than are under the direct management of the Executive + Government of the United Kingdom. But what constitution can we give to our + Indian Empire which shall not be strange, which shall not be anomalous? + That Empire is itself the strangest of all political anomalies. That a + handful of adventurers from an island in the Atlantic should have + subjugated a vast country divided from the place of their birth by half + the globe; a country which at no very distant period was merely the + subject of fable to the nations of Europe; a country never before violated + by the most renowned of Western conquerors; a country which Trajan never + entered; a country lying beyond the point where the phalanx of Alexander + refused to proceed; that we should govern a territory ten thousand miles + from us, a territory larger and more populous than France, Spain, Italy, + and Germany put together, a territory, the present clear revenue of which + exceeds the present clear revenue of any state in the world, France + excepted; a territory inhabited by men differing from us in race, colour, + language, manners, morals, religion; these are prodigies to which the + world has seen nothing similar. Reason is confounded. We interrogate the + past in vain. General rules are useless where the whole is one vast + exception. The Company is an anomaly; but it is part of a system where + every thing is anomaly. It is the strangest of all governments; but it is + designed for the strangest of all empires. + </p> + <p> + If we discard the Company, we must find a substitute: and, take what + substitute we may, we shall find ourselves unable to give any reason for + believing that the body which we have put in the room of the Company is + likely to acquit itself of its duties better than the Company. + Commissioners appointed by the King during pleasure would be no check on + the Crown; Commissioners appointed by the King or by Parliament for life + would always be appointed by the political party which might be uppermost, + and if a change of administration took place, would harass the new + Government with the most vexatious opposition. The plan suggested by the + right honourable Gentleman, the Member for Montgomeryshire (Mr Charles + Wynn.), is I think the very worst that I have ever heard. He would have + Directors nominated every four years by the Crown. Is it not plain that + these Directors would always be appointed from among the supporters of the + Ministry for the time being; that their situations would depend on the + permanence of that Ministry; that therefore all their power and patronage + would be employed for the purpose of propping that Ministry, and, in case + of a change, for the purpose of molesting those who might succeed to + power; that they would be subservient while their friends were in, and + factious when their friends were out? How would Lord Grey's Ministry have + been situated if the whole body of Directors had been nominated by the + Duke of Wellington in 1830. I mean no imputation on the Duke of + Wellington. If the present ministers had to nominate Directors for four + years, they would, I have no doubt, nominate men who would give no small + trouble to the Duke of Wellington if he were to return to office. What we + want is a body independent of the Government, and no more than + independent; not a tool of the Treasury, not a tool of the opposition. No + new plan which I have heard proposed would give us such a body. The + Company, strange as its constitution may be, is such a body. It is, as a + corporation, neither Whig nor Tory, neither high-church nor low-church. It + cannot be charged with having been for or against the Catholic Bill, for + or against the Reform Bill. It has constantly acted with a view not to + English politics, but to Indian politics. We have seen the country + convulsed by faction. We have seen Ministers driven from office by this + House, Parliament dissolved in anger, general elections of unprecedented + turbulence, debates of unprecedented interest. We have seen the two + branches of the Legislature placed in direct opposition to each other. We + have seen the advisers of the Crown dismissed one day, and brought back + the next day on the shoulders of the people. And amidst all these + agitating events the Company has preserved strict and unsuspected + neutrality. This is, I think an inestimable advantage, and it is an + advantage which we must altogether forego, if we consent to adopt any of + the schemes which I have heard proposed on the other side of the House. + </p> + <p> + We must judge of the Indian government, as of all other governments, by + its practical effects. According to the honourable Member for Sheffield, + India is ill governed; and the whole fault is with the Company. + Innumerable accusations, great and small, are brought by him against the + Directors. They are fond of war: they are fond of dominion: the taxation + is burthensome: the laws are undigested: the roads are rough: the post + goes on foot: and for everything the Company is answerable. From the + dethronement of the Mogul princes to the mishaps of Sir Charles Metcalfe's + courier, every disaster that has taken place in the East during sixty + years is laid to the charge of this Corporation. And the inference is, + that all the power which they possess ought to be taken out of their + hands, and transferred at once to the Crown. + </p> + <p> + Now, Sir, it seems to me that, for all the evils which the honourable + Gentleman has so pathetically recounted, the Ministers of the Crown are as + much to blame as the Company; nay, much more so: for the Board of Control + could, without the consent of the Directors, have redressed those evils; + and the Directors most certainly could not have redressed them without the + consent of the Board of Control. Take the case of that frightful grievance + which seems to have made the deepest impression on the mind of the + honourable Gentleman, the slowness of the mail. Why, Sir, if my right + honourable friend, the President of our Board thought fit, he might direct + me to write to the Court and require them to frame a dispatch on that + subject. If the Court disobeyed, he might himself frame a dispatch + ordering Lord William Bentinck to put the dawks all over Bengal on + horseback. If the Court refused to send out this dispatch, the Board could + apply to the King's Bench for a mandamus. If, on the other hand, the + Directors wished to accelerate the journeys of the mail, and the Board + were adverse to the project, the Directors could do nothing at all. For + all measures of internal policy the servants of the King are at least as + deeply responsible as the Company. For all measures of foreign policy the + servants of the King, and they alone are responsible. I was surprised to + hear the honourable Gentleman accuse the Directors of insatiable ambition + and rapacity, when he must know that no act of aggression on any native + state can be committed by the Company without the sanction of the Board, + and that, in fact, the Board has repeatedly approved of warlike measures + which were strenuously opposed by the Company. He must know, in + particular, that, during the energetic and splendid administration of the + Marquess of Wellesley, the company was all for peace, and the Board all + for conquest. If a line of conduct which the honourable Gentleman thinks + unjustifiable has been followed by the Ministers of the Crown in spite of + the remonstrances of the Directors, this is surely a strange reason for + turning off the Directors, and giving the whole power unchecked to the + Crown. + </p> + <p> + The honourable Member tells us that India, under the present system, is + not so rich and flourishing as she was two hundred years ago. Really, Sir, + I doubt whether we are in possession of sufficient data to enable us to + form a judgment on that point. But the matter is of little importance. We + ought to compare India under our government, not with India under Acbar + and his immediate successors, but with India as we found it. The + calamities through which that country passed during the interval between + the fall of the Mogul power and the establishment of the English supremacy + were sufficient to throw the people back whole centuries. It would surely + be unjust to say, that Alfred was a bad king because Britain, under his + government, was not so rich or so civilised as in the time of the Romans. + </p> + <p> + In what state, then, did we find India? And what have we made India? We + found society throughout that vast country in a state to which history + scarcely furnishes a parallel. The nearest parallel would, perhaps, be the + state of Europe during the fifth century. The Mogul empire in the time of + the successors of Aurungzebe, like the Roman empire in the time of the + successors of Theodosius, was sinking under the vices of a bad internal + administration, and under the assaults of barbarous invaders. At Delhi, as + at Ravenna, there was a mock sovereign, immured in a gorgeous state + prison. He was suffered to indulge in every sensual pleasure. He was + adored with servile prostrations. He assumed and bestowed the most + magnificent titles. But, in fact, he was a mere puppet in the hands of + some ambitious subject. While the Honorii and Augustuli of the East, + surrounded by their fawning eunuchs, reveled and dozed without knowing or + caring what might pass beyond the walls of their palace gardens, the + provinces had ceased to respect a government which could neither punish + nor protect them. Society was a chaos. Its restless and shifting elements + formed themselves every moment into some new combination, which the next + moment dissolved. In the course of a single generation a hundred dynasties + grew up, flourished, decayed, were extinguished, were forgotten. Every + adventurer who could muster a troop of horse might aspire to a throne. + Every palace was every year the scene of conspiracies, treasons, + revolutions, parricides. Meanwhile a rapid succession of Alarics and + Attilas passed over the defenceless empire. A Persian invader penetrated + to Delhi, and carried back in triumph the most precious treasures of the + House of Tamerlane. The Afghan soon followed by the same track, to glean + whatever the Persian had spared. The Jauts established themselves on the + Jumna. The Seiks devastated Lahore. Every part of India, from Tanjore to + the Himalayas, was laid under contribution by the Mahrattas. The people + were ground down to the dust by the oppressor without and the oppressor + within, by the robber from whom the Nabob was unable to protect them, by + the Nabob who took whatever the robber had left to them. All the evils of + despotism, and all the evils of anarchy, pressed at once on that miserable + race. They knew nothing of government but its exactions. Desolation was in + their imperial cities, and famine all along the banks of their broad and + redundant rivers. It seemed that a few more years would suffice to efface + all traces of the opulence and civilisation of an earlier age. + </p> + <p> + Such was the state of India when the Company began to take part in the + disputes of its ephemeral sovereigns. About eighty years have elapsed + since we appeared as auxiliaries in a contest between two rival families + for the sovereignty of a small corner of the Peninsula. From that moment + commenced a great, a stupendous process, the reconstruction of a + decomposed society. Two generations have passed away; and the process is + complete. The scattered fragments of the empire of Aurungzebe have been + united in an empire stronger and more closely knit together than that + which Aurungzebe ruled. The power of the new sovereigns penetrates their + dominions more completely, and is far more implicitly obeyed, than was + that of the proudest princes of the Mogul dynasty. + </p> + <p> + It is true that the early history of this great revolution is chequered + with guilt and shame. It is true that the founders of our Indian Empire + too often abused the strength which they derived from superior energy and + superior knowledge. It is true that, with some of the highest qualities of + the race from which they sprang, they combined some of the worst defects + of the race over which they ruled. How should it have been otherwise? Born + in humble stations, accustomed to earn a slender maintenance by obscure + industry, they found themselves transformed in a few months from clerks + drudging over desks, or captains in marching regiments, into statesmen and + generals, with armies at their command, with the revenues of kingdoms at + their disposal, with power to make and depose sovereigns at their + pleasure. They were what it was natural that men should be who had been + raised by so rapid an ascent to so dizzy an eminence, profuse and + rapacious, imperious and corrupt. + </p> + <p> + It is true, then, that there was too much foundation for the + representations of those satirists and dramatists who held up the + character of the English Nabob to the derision and hatred of a former + generation. It is true that some disgraceful intrigues, some unjust and + cruel wars, some instances of odious perfidy and avarice, stain the annals + of our Eastern Empire. It is true that the duties of government and + legislation were long wholly neglected or carelessly performed. It is true + that when the conquerors at length began to apply themselves in earnest to + the discharge of their high functions, they committed the errors natural + to rulers who were but imperfectly acquainted with the language and + manners of their subjects. It is true that some plans, which were dictated + by the purest and most benevolent feelings have not been attended by the + desired success. It is true that India suffers to this day from a heavy + burden of taxation and from a defective system of law. It is true, I fear, + that in those states which are connected with us by subsidiary alliance, + all the evils of oriental despotism have too frequently shown themselves + in their most loathsome and destructive form. + </p> + <p> + All this is true. Yet in the history and in the present state of our + Indian Empire I see ample reason for exultation and for a good hope. + </p> + <p> + I see that we have established order where we found confusion. I see that + the petty dynasties which were generated by the corruption of the great + Mahometan Empire, and which, a century ago, kept all India in constant + agitation, have been quelled by one overwhelming power. I see that the + predatory tribes, which, in the middle of the last century, passed + annually over the harvests of India with the destructive rapidity of a + hurricane, have quailed before the valour of a braver and sterner race, + have been vanquished, scattered, hunted to their strongholds, and either + extirpated by the English sword, or compelled to exchange the pursuits of + rapine for those of industry. + </p> + <p> + I look back for many years; and I see scarcely a trace of the vices which + blemished the splendid fame of the first conquerors of Bengal. I see peace + studiously preserved. I see faith inviolably maintained towards feeble and + dependent states. I see confidence gradually infused into the minds of + suspicious neighbours. I see the horrors of war mitigated by the + chivalrous and Christian spirit of Europe. I see examples of moderation + and clemency, such as I should seek in vain in the annals of any other + victorious and dominant nation. I see captive tyrants, whose treachery and + cruelty might have excused a severe retribution, living in security, + comfort, and dignity, under the protection of the government which they + laboured to destroy. + </p> + <p> + I see a large body of civil and military functionaries resembling in + nothing but capacity and valour those adventurers who, seventy years ago, + came hither, laden with wealth and infamy, to parade before our fathers + the plundered treasures of Bengal and Tanjore. I reflect with pride that + to the doubtful splendour which surrounds the memory of Hastings and of + Clive, we can oppose the spotless glory of Elphinstone and Munro. I + contemplate with reverence and delight the honourable poverty which is the + evidence of rectitude firmly maintained amidst strong temptations. I + rejoice to see my countrymen, after ruling millions of subjects, after + commanding victorious armies, after dictating terms of peace at the gates + of hostile capitals, after administering the revenues of great provinces, + after judging the causes of wealthy Zemindars, after residing at the + courts of tributary Kings, return to their native land with no more than a + decent competence. + </p> + <p> + I see a government anxiously bent on the public good. Even in its errors I + recognise a paternal feeling towards the great people committed to its + charge. I see toleration strictly maintained: yet I see bloody and + degrading superstitions gradually losing their power. I see the morality, + the philosophy, the taste of Europe, beginning to produce a salutary + effect on the hearts and understandings of our subjects. I see the public + mind of India, that public mind which we found debased and contracted by + the worst forms of political and religious tyranny, expanding itself to + just and noble views of the ends of government and of the social duties of + man. + </p> + <p> + I see evils: but I see the government actively employed in the work of + remedying those evils. The taxation is heavy; but the work of retrenchment + is unsparingly pursued. The mischiefs arising from the system of + subsidiary alliance are great: but the rulers of India are fully aware of + those mischiefs, and are engaged in guarding against them. Wherever they + now interfere for the purpose of supporting a native government, they + interfere also for the purpose of reforming it. + </p> + <p> + Seeing these things, then, am I prepared to discard the Company as an + organ of government? I am not. Assuredly I will never shrink from + innovation where I see reason to believe that innovation will be + improvement. That the present Government does not shrink from innovations + which it considers as improvements the bill now before the House + sufficiently shows. But surely the burden of the proof lies on the + innovators. They are bound to show that there is a fair probability of + obtaining some advantage before they call upon us to take up the + foundations of the Indian government. I have no superstitious veneration + for the Court of Directors or the Court of Proprietors. Find me a better + Council: find me a better constituent body: and I am ready for a change. + But of all the substitutes for the Company which have hitherto been + suggested, not one has been proved to be better than the Company; and most + of them I could, I think, easily prove to be worse. Circumstances might + force us to hazard a change. If the Company were to refuse to accept of + the government unless we would grant pecuniary terms which I thought + extravagant, or unless we gave up the clauses in this bill which permit + Europeans to hold landed property and natives to hold office, I would take + them at their word. But I will not discard them in the mere rage of + experiment. + </p> + <p> + Do I call the government of India a perfect government? Very far from it. + No nation can be perfectly well governed till it is competent to govern + itself. I compare the Indian government with other governments of the same + class, with despotisms, with military despotisms, with foreign military + despotisms; and I find none that approaches it in excellence. I compare it + with the government of the Roman provinces, with the government of the + Spanish colonies; and I am proud of my country and my age. Here are a + hundred millions of people under the absolute rule of a few strangers, + differing from them physically, differing from them morally, mere + Mamelukes, not born in the country which they rule, not meaning to lay + their bones in it. If you require me to make this government as good as + that of England, France, or the United States of America, I own frankly + that I can do no such thing. Reasoning a priori, I should have come to the + conclusion that such a government must be a horrible tyranny. It is a + source of constant amazement to me that it is so good as I find it to be. + I will not, therefore, in a case in which I have neither principles nor + precedents to guide me, pull down the existing system on account of its + theoretical defects. For I know that any system which I could put in its + place would be equally condemned by theory, while it would not be equally + sanctioned by experience. + </p> + <p> + Some change in the constitution of the Company was, as I have shown, + rendered inevitable by the opening of the China Trade; and it was the duty + of the Government to take care that the change should not be prejudicial + to India. There were many ways in which the compromise between commerce + and territory might have been effected. We might have taken the assets, + and paid a sum down, leaving the Company to invest that sum as they chose. + We might have offered English security with a lower interest. We might + have taken the course which the late ministers designed to take. They + would have left the Company in possession of the means of carrying on its + trade in competition with private merchants. My firm belief is that, if + this course had been taken, the Company must, in a very few years, have + abandoned the trade, or the trade would have ruined the Company. It was + not, however, solely or principally by regard for the interest of the + Company, or of English merchants generally, that the Government was guided + on this occasion. The course which appeared to us the most likely to + promote the interests of our Eastern Empire was to make the proprietors of + India stock creditors of the Indian territory. Their interest will thus be + in a great measure the same with the interest of the people whom they are + to rule. Their income will depend on the revenues of their empire. The + revenues of their empire will depend on the manner in which the affairs of + that empire are administered. We furnish them with the strongest motives + to watch over the interests of the cultivator and the trader, to maintain + peace, to carry on with vigour the work of retrenchment, to detect and + punish extortion and corruption. Though they live at a distance from + India, though few of them have ever seen or may ever see the people whom + they rule, they will have a great stake in the happiness of their + subjects. If their misgovernment should produce disorder in the finances, + they will themselves feel the effects of that disorder in their own + household expenses. I believe this to be, next to a representative + constitution, the constitution which is the best security for good + government. A representative constitution India cannot at present have. + And we have therefore, I think, given her the best constitution of which + she is capable. + </p> + <p> + One word as to the new arrangement which we propose with respect to the + patronage. It is intended to introduce the principle of competition in the + disposal of writerships; and from this change I cannot but anticipate the + happiest results. The civil servants of the Company are undoubtedly a + highly respectable body of men; and in that body, as in every large body, + there are some persons of very eminent ability. I rejoice most cordially + to see this. I rejoice to see that the standard of morality is so high in + England, that intelligence is so generally diffused through England, that + young persons who are taken from the mass of society, by favour and not by + merit, and who are therefore only fair samples of the mass, should, when + placed in situations of high importance, be so seldom found wanting. But + it is not the less true that India is entitled to the service of the best + talents which England can spare. That the average of intelligence and + virtue is very high in this country is matter for honest exultation. But + it is no reason for employing average men where you can obtain superior + men. Consider too, Sir, how rapidly the public mind of India is advancing, + how much attention is already paid by the higher classes of the natives to + those intellectual pursuits on the cultivation of which the superiority of + the European race to the rest of mankind principally depends. Surely, in + such circumstances, from motives of selfish policy, if from no higher + motive, we ought to fill the magistracies of our Eastern Empire with men + who may do honour to their country, with men who may represent the best + part of the English nation. This, Sir, is our object; and we believe that + by the plan which is now proposed this object will be attained. It is + proposed that for every vacancy in the civil service four candidates shall + be named, and the best candidate selected by examination. We conceive + that, under this system, the persons sent out will be young men above par, + young men superior either in talents or in diligence to the mass. It is + said, I know, that examinations in Latin, in Greek, and in mathematics, + are no tests of what men will prove to be in life. I am perfectly aware + that they are not infallible tests: but that they are tests I confidently + maintain. Look at every walk of life, at this House, at the other House, + at the Bar, at the Bench, at the Church, and see whether it be not true + that those who attain high distinction in the world were generally men who + were distinguished in their academic career. Indeed, Sir, this objection + would prove far too much even for those who use it. It would prove that + there is no use at all in education. Why should we put boys out of their + way? Why should we force a lad, who would much rather fly a kite or + trundle a hoop, to learn his Latin Grammar? Why should we keep a young man + to his Thucydides or his Laplace, when he would much rather be shooting? + Education would be mere useless torture, if, at two or three and twenty, a + man who had neglected his studies were exactly on a par with a man who had + applied himself to them, exactly as likely to perform all the offices of + public life with credit to himself and with advantage to society. Whether + the English system of education be good or bad is not now the question. + Perhaps I may think that too much time is given to the ancient languages + and to the abstract sciences. But what then? Whatever be the languages, + whatever be the sciences, which it is, in any age or country, the fashion + to teach, the persons who become the greatest proficients in those + languages and those sciences will generally be the flower of the youth, + the most acute, the most industrious, the most ambitious of honourable + distinctions. If the Ptolemaic system were taught at Cambridge instead of + the Newtonian, the senior wrangler would nevertheless be in general a + superior man to the wooden spoon. If, instead of learning Greek, we + learned the Cherokee, the man who understood the Cherokee best, who made + the most correct and melodious Cherokee verses, who comprehended most + accurately the effect of the Cherokee particles, would generally be a + superior man to him who was destitute of these accomplishments. If + astrology were taught at our Universities, the young man who cast + nativities best would generally turn out a superior man. If alchymy were + taught, the young man who showed most activity in the pursuit of the + philosopher's stone would generally turn out a superior man. + </p> + <p> + I will only add one other observation on this subject. Although I am + inclined to think that too exclusive an attention is paid in the education + of young English gentlemen to the dead languages, I conceive that when you + are choosing men to fill situations for which the very first and most + indispensable qualification is familiarity with foreign languages, it + would be difficult to find a better test of their fitness than their + classical acquirements. + </p> + <p> + Some persons have expressed doubts as to the possibility of procuring fair + examinations. I am quite sure that no person who has been either at + Cambridge or at Oxford can entertain such doubts. I feel, indeed, that I + ought to apologise for even noticing an objection so frivolous. + </p> + <p> + Next to the opening of the China trade, Sir, the change most eagerly + demanded by the English people was, that the restrictions on the admission + of Europeans to India should be removed. In this change there are + undoubtedly very great advantages. The chief advantage is, I think, the + improvement which the minds of our native subjects may be expected to + derive from free intercourse with a people far advanced beyond themselves + in intellectual cultivation. I cannot deny, however, that the advantages + are attended with some danger. + </p> + <p> + The danger is that the new comers, belonging to the ruling nation, + resembling in colour, in language, in manners, those who hold supreme + military and political power, and differing in all these respects from the + great mass of the population, may consider themselves as a superior class, + and may trample on the indigenous race. Hitherto there have been strong + restraints on Europeans resident in India. Licences were not easily + obtained. Those residents who were in the service of the Company had + obvious motives for conducting themselves with propriety. If they incurred + the serious displeasure of the Government, their hopes of promotion were + blighted. Even those who were not in the public service were subject to + the formidable power which the Government possessed of banishing them at + its pleasure. + </p> + <p> + The license of the Government will now no longer be necessary to persons + who desire to reside in the settled provinces of India. The power of + arbitrary deportation is withdrawn. Unless, therefore, we mean to leave + the natives exposed to the tyranny and insolence of every profligate + adventurer who may visit the East, we must place the European under the + same power which legislates for the Hindoo. No man loves political freedom + more than I. But a privilege enjoyed by a few individuals, in the midst of + a vast population who do not enjoy it, ought not to be called freedom. It + is tyranny. In the West Indies I have not the least doubt that the + existence of the Trial by Jury and of Legislative Assemblies has tended to + make the condition of the slaves worse than it would otherwise have been. + Or, to go to India itself for an instance, though I fully believe that a + mild penal code is better than a severe penal code, the worst of all + systems was surely that of having a mild code for the Brahmins, who sprang + from the head of the Creator, while there was a severe code for the + Sudras, who sprang from his feet. India has suffered enough already from + the distinction of castes, and from the deeply rooted prejudices which + that distinction has engendered. God forbid that we should inflict on her + the curse of a new caste, that we should send her a new breed of Brahmins, + authorised to treat all the native population as Parias! + </p> + <p> + With a view to the prevention of this evil, we propose to give to the + Supreme Government the power of legislating for Europeans as well as for + natives. We propose that the regulations of the Government shall bind the + King's Court as they bind all other courts, and that registration by the + Judges of the King's Courts shall no longer be necessary to give validity + to those regulations within the towns of Calcutta, Madras, and Bombay. + </p> + <p> + I could scarcely, Sir, believe my ears when I heard this part of our plan + condemned in another place. I should have thought that it would have been + received with peculiar favour in that quarter where it has met with the + most severe condemnation. What, at present, is the case? If the Supreme + Court and the Government differ on a question of jurisdiction, or on a + question of legislation within the towns which are the seats of + Government, there is absolutely no umpire but the Imperial Parliament. The + device of putting one wild elephant between two tame elephants was + ingenious: but it may not always be practicable. Suppose a tame elephant + between two wild elephants, or suppose that the whole herd should run wild + together. The thing is not without example. And is it not most unjust and + ridiculous that, on one side of a ditch, the edict of the Governor General + should have the force of law, and that on the other side it should be of + no effect unless registered by the Judges of the Supreme Court? If the + registration be a security for good legislation, we are bound to give that + security to all classes of our subjects. If the registration be not a + security for good legislation, why give it to any? Is the system good? + Extend it. Is it bad! Abolish it. But in the name of common sense do not + leave it as it is. It is as absurd as our old law of sanctuary. The law + which authorises imprisonment for debt may be good or bad. But no man in + his senses can approve of the ancient system under which a debtor who + might be arrested in Fleet Street was safe as soon as he had scampered + into Whitefriars. Just in the same way, doubts may fairly be entertained + about the expediency of allowing four or five persons to make laws for + India; but to allow them to make laws for all India without the Mahratta + ditch, and to except Calcutta, is the height of absurdity. + </p> + <p> + I say, therefore, that either you must enlarge the power of the Supreme + Court, and give it a general veto on laws, or you must enlarge the power + of the Government, and make its regulations binding on all Courts without + distinction. The former course no person has ventured to propose. To the + latter course objections have been made; but objections which to me, I + must own, seem altogether frivolous. + </p> + <p> + It is acknowledged that of late years inconvenience has arisen from the + relation in which the Supreme Court stands to the Government. But, it is + said, that Court was originally instituted for the protection of natives + against Europeans. The wise course would therefore be to restore its + original character. + </p> + <p> + Now, Sir, the fact is, that the Supreme Court has never been so + mischievous as during the first ten years of its power, or so respectable + as it has lately been. Everybody who knows anything of its early history + knows, that, during a considerable time, it was the terror of Bengal, the + scourge of the native population, the screen of European delinquents, a + convenient tool of the Government for all purposes of evil, an + insurmountable obstacle to the Government in all undertakings for the + public good; that its proceedings were made up of pedantry, cruelty, and + corruption; that its disputes with the Government were at one time on the + point of breaking up the whole fabric of society; and that a convulsion + was averted only by the dexterous policy of Warren Hastings, who at last + bought off the opposition of the Chief Justice for eight thousand pounds a + year. It is notorious that, while the Supreme Court opposed Hastings in + all his best measures, it was a thoroughgoing accomplice in his worst; + that it took part in the most scandalous of those proceedings which, fifty + years ago, roused the indignation of Parliament and of the country; that + it assisted in the spoliation of the princesses of Oude; that it passed + sentence of death on Nuncomar. And this is the Court which we are to + restore from its present state of degeneracy to its original purity. This + is the protection which we are to give to the natives against the + Europeans. Sir, so far is it from being true that the character of the + Supreme Court has deteriorated, that it has, perhaps, improved more than + any other institution in India. But the evil lies deep in the nature of + the institution itself. The judges have in our time deserved the greatest + respect. Their judgment and integrity have done much to mitigate the vices + of the system. The worst charge that can be brought against any of them is + that of pertinacity, disinterested, conscientious pertinacity, in error. + The real evil is the state of the law. You have two supreme powers in + India. There is no arbitrator except a Legislature fifteen thousand miles + off. Such a system is on the face of it an absurdity in politics. My + wonder is, not that this system has several times been on the point of + producing fatal consequences to the peace and resources of India;—those, + I think, are the words in which Warren Hastings described the effect of + the contest between his Government and the Judges;—but that it has + not actually produced such consequences. The most distinguished members of + the Indian Government, the most distinguished Judges of the Supreme Court, + call upon you to reform this system. Sir Charles Metcalfe, Sir Charles + Grey, represent with equal urgency the expediency of having one single + paramount council armed with legislative power. The admission of Europeans + to India renders it absolutely necessary not to delay our decision. The + effect of that admission would be to raise a hundred questions, to produce + a hundred contests between the Council and the judicature. The Government + would be paralysed at the precise moment at which all its energy was + required. While the two equal powers were acting in opposite directions, + the whole machine of the state would stand still. The Europeans would be + uncontrolled. The natives would be unprotected. The consequences I will + not pretend to foresee. Everything beyond is darkness and confusion. + </p> + <p> + Having given to the Government supreme legislative power, we next propose + to give to it for a time the assistance of a commission for the purpose of + digesting and reforming the laws of India, so that those laws may, as soon + as possible, be formed into a Code. Gentleman of whom I wish to speak with + the highest respect have expressed a doubt whether India be at present in + a fit state to receive a benefit which is not yet enjoyed by this free and + highly civilised country. Sir, I can allow to this argument very little + weight beyond that which it derives from the personal authority of those + who use it. For, in the first place, our freedom and our high civilisation + make this improvement, desirable as it must always be, less indispensably + necessary to us than to our Indian subjects; and in the next place, our + freedom and civilisation, I fear, make it far more difficult for us to + obtain this benefit for ourselves than to bestow it on them. + </p> + <p> + I believe that no country ever stood so much in need of a code of laws as + India; and I believe also that there never was a country in which the want + might so easily be supplied. I said that there were many points of analogy + between the state of that country after the fall of the Mogul power, and + the state of Europe after the fall of the Roman empire. In one respect the + analogy is very striking. As there were in Europe then, so there are in + India now, several systems of law widely differing from each other, but + coexisting and coequal. The indigenous population has its own laws. Each + of the successive races of conquerors has brought with it its own peculiar + jurisprudence: the Mussulman his Koran and the innumerable commentators on + the Koran; the Englishman his Statute Book and his Term Reports. As there + were established in Italy, at one and the same time, the Roman Law, the + Lombard law, the Ripuarian law, the Bavarian law, and the Salic law, so we + have now in our Eastern empire Hindoo law, Mahometan law, Parsee law, + English law, perpetually mingling with each other and disturbing each + other, varying with the person, varying with the place. In one and the + same cause the process and pleadings are in the fashion of one nation, the + judgment is according to the laws of another. An issue is evolved + according to the rules of Westminster, and decided according to those of + Benares. The only Mahometan book in the nature of a code is the Koran; the + only Hindoo book, the Institutes. Everybody who knows those books knows + that they provide for a very small part of the cases which must arise in + every community. All beyond them is comment and tradition. Our regulations + in civil matters do not define rights, but merely establish remedies. If a + point of Hindoo law arises, the Judge calls on the Pundit for an opinion. + If a point of Mahometan law arises, the Judge applies to the Cauzee. What + the integrity of these functionaries is, we may learn from Sir William + Jones. That eminent man declared that he could not answer it to his + conscience to decide any point of law on the faith of a Hindoo expositor. + Sir Thomas Strange confirms this declaration. Even if there were no + suspicion of corruption on the part of the interpreters of the law, the + science which they profess is in such a state of confusion that no + reliance can be placed on their answers. Sir Francis Macnaghten tells us, + that it is a delusion to fancy that there is any known and fixed law under + which the Hindoo people live; that texts may be produced on any side of + any question; that expositors equal in authority perpetually contradict + each other: that the obsolete law is perpetually confounded with the law + actually in force; and that the first lesson to be impressed on a + functionary who has to administer Hindoo law is that it is vain to think + of extracting certainty from the books of the jurist. The consequence is + that in practice the decisions of the tribunals are altogether arbitrary. + What is administered is not law, but a kind of rude and capricious equity. + I asked an able and excellent judge lately returned from India how one of + our Zillah Courts would decide several legal questions of great + importance, questions not involving considerations of religion or of + caste, mere questions of commercial law. He told me that it was a mere + lottery. He knew how he should himself decide them. But he knew nothing + more. I asked a most distinguished civil servant of the Company, with + reference to the clause in this Bill on the subject of slavery, whether at + present, if a dancing girl ran away from her master, the judge would force + her to go back. "Some judges," he said, "send a girl back. Others set her + at liberty. The whole is a mere matter of chance. Everything depends on + the temper of the individual judge." + </p> + <p> + Even in this country we have had complaints of judge-made law; even in + this country, where the standard of morality is higher than in almost any + other part of the world; where, during several generations, not one + depositary of our legal traditions has incurred the suspicion of personal + corruption; where there are popular institutions; where every decision is + watched by a shrewd and learned audience; where there is an intelligent + and observant public; where every remarkable case is fully reported in a + hundred newspapers; where, in short, there is everything which can + mitigate the evils of such a system. But judge-made law, where there is an + absolute government and a lax morality, where there is no bar and no + public, is a curse and a scandal not to be endured. It is time that the + magistrate should know what law he is to administer, that the subject + should know under what law he is to live. We do not mean that all the + people of India should live under the same law: far from it: there is not + a word in the bill, there was not a word in my right honourable friend's + speech, susceptible of such an interpretation. We know how desirable that + object is; but we also know that it is unattainable. We know that respect + must be paid to feelings generated by differences of religion, of nation, + and of caste. Much, I am persuaded, may be done to assimilate the + different systems of law without wounding those feelings. But, whether we + assimilate those systems or not, let us ascertain them; let us digest + them. We propose no rash innovation; we wish to give no shock to the + prejudices of any part of our subjects. Our principle is simply this; + uniformity where you can have it: diversity where you must have it; but in + all cases certainty. + </p> + <p> + As I believe that India stands more in need of a code than any other + country in the world, I believe also that there is no country on which + that great benefit can more easily be conferred. A code is almost the only + blessing, perhaps is the only blessing, which absolute governments are + better fitted to confer on a nation than popular governments. The work of + digesting a vast and artificial system of unwritten jurisprudence is far + more easily performed, and far better performed, by few minds than by + many, by a Napoleon than by a Chamber of Deputies and a Chamber of Peers, + by a government like that of Prussia or Denmark than by a government like + that of England. A quiet knot of two or three veteran jurists is an + infinitely better machinery for such a purpose than a large popular + assembly divided, as such assemblies almost always are, into adverse + factions. This seems to me, therefore, to be precisely that point of time + at which the advantage of a complete written code of laws may most easily + be conferred on India. It is a work which cannot be well performed in an + age of barbarism, which cannot without great difficulty be performed in an + age of freedom. It is a work which especially belongs to a government like + that of India, to an enlightened and paternal despotism. + </p> + <p> + I have detained the House so long, Sir, that I will defer what I had to + say on some parts of this measure, important parts, indeed, but far less + important, as I think, than those to which I have adverted, till we are in + Committee. There is, however, one part of the bill on which, after what + has recently passed elsewhere, I feel myself irresistibly impelled to say + a few words. I allude to that wise, that benevolent, that noble clause + which enacts that no native of our Indian empire shall, by reason of his + colour, his descent, or his religion, be incapable of holding office. At + the risk of being called by that nickname which is regarded as the most + opprobrious of all nicknames by men of selfish hearts and contracted + minds, at the risk of being called a philosopher, I must say that, to the + last day of my life, I shall be proud of having been one of those who + assisted in the framing of the bill which contains that clause. We are + told that the time can never come when the natives of India can be + admitted to high civil and military office. We are told that this is the + condition on which we hold our power. We are told that we are bound to + confer on our subjects every benefit—which they are capable of + enjoying?—no;—which it is in our power to confer on them?—no;—but + which we can confer on them without hazard to the perpetuity of our own + domination. Against that proposition I solemnly protest as inconsistent + alike with sound policy and sound morality. + </p> + <p> + I am far, very far, from wishing to proceed hastily in this most delicate + matter. I feel that, for the good of India itself, the admission of + natives to high office must be effected by slow degrees. But that, when + the fulness of time is come, when the interest of India requires the + change, we ought to refuse to make that change lest we should endanger our + own power, this is a doctrine of which I cannot think without indignation. + Governments, like men, may buy existence too dear. "Propter vitam vivendi + perdere causas," is a despicable policy both in individuals and in states. + In the present case, such a policy would be not only despicable, but + absurd. The mere extent of empire is not necessarily an advantage. To many + governments it has been cumbersome; to some it has been fatal. It will be + allowed by every statesman of our time that the prosperity of a community + is made up of the prosperity of those who compose the community, and that + it is the most childish ambition to covet dominion which adds to no man's + comfort or security. To the great trading nation, to the great + manufacturing nation, no progress which any portion of the human race can + make in knowledge, in taste for the conveniences of life, or in the wealth + by which those conveniences are produced, can be matter of indifference. + It is scarcely possible to calculate the benefits which we might derive + from the diffusion of European civilisation among the vast population of + the East. It would be, on the most selfish view of the case, far better + for us that the people of India were well governed and independent of us, + than ill governed and subject to us; that they were ruled by their own + kings, but wearing our broadcloth, and working with our cutlery, than that + they were performing their salams to English collectors and English + magistrates, but were too ignorant to value, or too poor to buy, English + manufactures. To trade with civilised men is infinitely more profitable + than to govern savages. That would, indeed, be a doting wisdom, which, in + order that India might remain a dependency, would make it an useless and + costly dependency, which would keep a hundred millions of men from being + our customers in order that they might continue to be our slaves. + </p> + <p> + It was, as Bernier tells us, the practice of the miserable tyrants whom he + found in India, when they dreaded the capacity and spirit of some + distinguished subject, and yet could not venture to murder him, to + administer to him a daily dose of the pousta, a preparation of opium, the + effect of which was in a few months to destroy all the bodily and mental + powers of the wretch who was drugged with it, and to turn him into a + helpless idiot. The detestable artifice, more horrible than assassination + itself, was worthy of those who employed it. It is no model for the + English nation. We shall never consent to administer the pousta to a whole + community, to stupefy and paralyse a great people whom God has committed + to our charge, for the wretched purpose of rendering them more amenable to + our control. What is power worth if it is founded on vice, on ignorance, + and on misery; if we can hold it only by violating the most sacred duties + which as governors we owe to the governed, and which, as a people blessed + with far more than an ordinary measure of political liberty and of + intellectual light, we owe to a race debased by three thousand years of + despotism and priestcraft? We are free, we are civilised, to little + purpose, if we grudge to any portion of the human race an equal measure of + freedom and civilisation. + </p> + <p> + Are we to keep the people of India ignorant in order that we may keep them + submissive? Or do we think that we can give them knowledge without + awakening ambition? Or do we mean to awaken ambition and to provide it + with no legitimate vent? Who will answer any of these questions in the + affirmative? Yet one of them must be answered in the affirmative, by every + person who maintains that we ought permanently to exclude the natives from + high office. I have no fears. The path of duty is plain before us: and it + is also the path of wisdom, of national prosperity, of national honour. + </p> + <p> + The destinies of our Indian empire are covered with thick darkness. It is + difficult to form any conjecture as to the fate reserved for a state which + resembles no other in history, and which forms by itself a separate class + of political phenomena. The laws which regulate its growth and its decay + are still unknown to us. It may be that the public mind of India may + expand under our system till it has outgrown that system; that by good + government we may educate our subjects into a capacity for better + government; that, having become instructed in European knowledge, they + may, in some future age, demand European institutions. Whether such a day + will ever come I know not. But never will I attempt to avert or to retard + it. Whenever it comes, it will be the proudest day in English history. To + have found a great people sunk in the lowest depths of slavery and + superstition, to have so ruled them as to have made them desirous and + capable of all the privileges of citizens, would indeed be a title to + glory all our own. The sceptre may pass away from us. Unforeseen accidents + may derange our most profound schemes of policy. Victory may be inconstant + to our arms. But there are triumphs which are followed by no reverse. + There is an empire exempt from all natural causes of decay. Those triumphs + are the pacific triumphs of reason over barbarism; that empire is the + imperishable empire of our arts and our morals, our literature and our + laws. + </p> + <hr /> + <p> + <a name="link2H_4_0015" id="link2H_4_0015"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDINBURGH ELECTION, 1839. (MAY 29, 1839) A SPEECH DELIVERED AT EDINBURGH + ON THE 29TH OF MAY 1839. + </h2> + <p> + The elevation of Mr Abercromby to the peerage in May 1839, caused a + vacancy in the representation of the city of Edinburgh. A meeting of the + electors was called to consider of the manner in which the vacancy should + be supplied. At this meeting the following Speech was made. + </p> + <p> + My Lord Provost and Gentlemen,—At the request of a very large and + respectable portion of your body, I appear before you as a candidate for a + high and solemn trust, which, uninvited, I should have thought it + presumption to solicit, but which, thus invited, I should think it + cowardice to decline. If I had felt myself justified in following my own + inclinations, I am not sure that even a summons so honourable as that + which I have received would have been sufficient to draw me away from + pursuits far better suited to my taste and temper than the turmoil of + political warfare. But I feel that my lot is cast in times in which no man + is free to judge, merely according to his own taste and temper, whether he + will devote himself to active or to contemplative life; in times in which + society has a right to demand, from every one of its members, active and + strenuous exertions. I have, therefore, obeyed your call; and I now + present myself before you for the purpose of offering to you, not, what I + am sure you would reject with disdain, flattery, degrading alike to a + candidate, and to a constituent body; but such reasonable, candid, and + manly explanations as become the mouth of a free man ambitious of the + confidence of a free people. + </p> + <p> + It is hardly necessary for me to say that I stand here unconnected with + this great community. It would be mere affectation not to acknowledge that + with respect to local questions I have much to learn; but I hope that you + will find in me no sluggish or inattentive learner. From an early age I + have felt a strong interest in Edinburgh, although attached to Edinburgh + by no other ties than those which are common to me with multitudes; that + tie which attaches every man of Scottish blood to the ancient and renowned + capital of our race; that tie which attaches every student of history to + the spot ennobled by so many great and memorable events; that tie which + attaches every traveller of taste to the most beautiful of British cities; + and that tie which attaches every lover of literature to a place which, + since it has ceased to be the seat of empire, has derived from poetry, + philosophy, and eloquence a far higher distinction than empire can bestow. + If to those ties it shall now be your pleasure to add a tie still closer + and more peculiar, I can only assure you that it shall be the study of my + life so to conduct myself in these our troubled times that you may have no + reason to be ashamed of your choice. + </p> + <p> + Those gentlemen who invited me to appear as a candidate before you were + doubtless acquainted with the part which I took in public affairs during + the three first Parliaments of the late King. Circumstances have since + that time undergone great alteration; but no alteration has taken place in + my principles. I do not mean to say that thought, discussion, and the new + phenomena produced by the operation of a new representative system, have + not led me to modify some of my views on questions of detail; but, with + respect to the fundamental principles of government, my opinions are still + what they were when, in 1831 and 1832, I took part, according to the + measure of my abilities, in that great pacific victory which purified the + representative system of England, and which first gave a real + representative system to Scotland. Even at that time, Gentlemen, the + leaning of my mind was in favour of one measure to which the illustrious + leader of the Whig party, whose name ought never to be mentioned without + gratitude and reverence in any assembly of British electors, I mean Earl + Grey, was understood to entertain strong objections, and to which his + Cabinet, as a Cabinet, was invariably opposed. I speak of the vote by + ballot. All that has passed since that time confirms me in the view which + I was then inclined to take of that important question. At the same time I + do not think that all the advantages are on one side and all the + disadvantages on the other. I must admit that the effect of the practice + of secret voting would be to withdraw the voter from the operation of some + salutary and honourable, as well as of some pernicious and degrading + motives. But seeing, as I cannot help seeing, that the practice of + intimidation, instead of diminishing, is gaining ground, I am compelled to + consider whether the time has not arrived when we are bound to apply what + seems the only efficient remedy. And I am compelled to consider whether, + in doing so, I am not strictly following the principles of the Reform Bill + to the legitimate conclusions. For surely those who supported the Reform + Bill intended to give the people of Britain a reality, not a delusion; to + destroy nomination, and not to make an outward show of destroying it; to + bestow the franchise, and not the name of the franchise; and least of all, + to give suffering and humiliation under the name of the franchise. If men + are to be returned to Parliament, not by popular election, but by + nomination, then I say without hesitation that the ancient system was much + the best. Both systems alike sent men to Parliament who were not freely + chosen by independent constituent bodies: but under the old system there + was little or no need of intimidation, while, under the new system, we + have the misery and disgrace produced by intimidation added to the + process. If, therefore, we are to have nomination, I prefer the nomination + which used to take place at Old Sarum to the nomination which now takes + place at Newark. In both cases you have members returned at the will of + one landed proprietor: but at Newark you have two hundred ejectments into + the bargain, to say nothing of the mortification and remorse endured by + all those who, though they were not ejected, yet voted against their + consciences from fear of ejectment. + </p> + <p> + There is perhaps no point on which good men of all parties are more + completely agreed than on the necessity of restraining and punishing + corruption in the election of Members of Parliament. The evils of + corruption are doubtless very great; but it appears to me that those evils + which are attributed to corruption may, with equal justice, be attributed + to intimidation, and that intimidation produces also some monstrous evils + with which corruption cannot be reproached. In both cases alike the + elector commits a breach of trust. In both cases alike he employs for his + own advantage an important power which was confided to him, that it might + be used, to the best of his judgment, for the general good of the + community. Thus far corruption and intimidation operate in the same + manner. But there is this difference betwixt the two systems; corruption + operates by giving pleasure, intimidation by giving pain. To give a poor + man five pounds causes no pain: on the contrary it produces pleasure. It + is in itself no bad act: indeed, if the five pounds were given on another + occasion, and without a corrupt object, it might pass for a benevolent + act. But to tell a man that you will reduce him to a situation in which he + will miss his former comforts, and in which his family will be forced to + beg their bread, is a cruel act. Corruption has a sort of illegitimate + relationship to benevolence, and engenders some feelings of a cordial and + friendly nature. There is a notion of charity connected with the + distribution of the money of the rich among the needy, even in a corrupt + manner. The comic writer who tells us that the whole system of corruption + is to be considered as a commerce of generosity on one side and of + gratitude on the other, has rather exaggerated than misrepresented what + really takes place in many of these English constituent bodies where money + is lavished to conciliate the favour and obtain the suffrages of the + people. But in intimidation the whole process is an odious one. The whole + feeling on the part of the elector is that of shame, degradation, and + hatred of the person to whom he has given his vote. The elector is indeed + placed in a worse situation than if he had no vote at all; for there is + not one of us who would not rather be without a vote than be compelled to + give it to the person whom he dislikes above all others. + </p> + <p> + Thinking, therefore, that the practice of intimidation has all the evils + which are to be found in corruption, and that it has other evils which are + not to be found in corruption, I was naturally led to consider whether it + was possible to prevent it by any process similar to that by which + corruption is restrained. Corruption, you all know, is the subject of + penal laws. If it is brought home to the parties, they are liable to + severe punishment. Although it is not often that it can be brought home, + yet there are instances. I remember several men of large property confined + in Newgate for corruption. Penalties have been awarded against offenders + to the amount of five hundred pounds. Many members of Parliament have been + unseated on account of the malpractices of their agents. But you cannot, I + am afraid, repress intimidation by penal laws. Such laws would infringe + the most sacred rights of property. How can I require a man to deal with + tradesmen who have voted against him, or to renew the leases of tenants + who have voted against him? What is it that the Jew says in the play? + </p> +<pre xml:space="preserve"> + "I'll not answer that, + But say it is my humour." +</pre> + <p> + Or, as a Christian of our own time has expressed himself, "I have a right + to do what I will with my own." There is a great deal of weight in the + reasoning of Shylock and the Duke of Newcastle. There would be an end of + the right of property if you were to interdict a landlord from ejecting a + tenant, if you were to force a gentleman to employ a particular butcher, + and to take as much beef this year as last year. The principle of the + right of property is that a man is not only to be allowed to dispose of + his wealth rationally and usefully, but to be allowed to indulge his + passions and caprices, to employ whatever tradesmen and labourers he + chooses, and to let, or refuse to let, his land according to his own + pleasure, without giving any reason or asking anybody's leave. I remember + that, on one of the first evenings on which I sate in the House of + Commons, Mr Poulett Thompson proposed a censure on the Duke of Newcastle + for His Grace's conduct towards the electors of Newark. Sir Robert Peel + opposed the motion, not only with considerable ability, but with really + unanswerable reasons. He asked if it was meant that a tenant who voted + against his landlord was to keep his lease for ever. If so, tenants would + vote against a landlord to secure themselves, as they now vote with a + landlord to secure themselves. I thought, and think, this argument + unanswerable; but then it is unanswerable in favour of the ballot; for, if + it be impossible to deal with intimidation by punishment, you are bound to + consider whether there be any means of prevention; and the only mode of + prevention that has ever been suggested is the ballot. That the ballot has + disadvantages to be set off against its advantages, I admit; but it + appears to me that we have only a choice of evils, and that the evils for + which the ballot is a specific remedy are greater than any which the + ballot is likely to produce. Observe with what exquisite accuracy the + ballot draws the line of distinction between the power which we ought to + give to the proprietor and the power which we ought not to give him. It + leaves the proprietor the absolute power to do what he will with his own. + Nobody calls upon him to say why he ejected this tenant, or took away his + custom from that tradesman. It leaves him at liberty to follow his own + tastes, to follow his strangest whims. The only thing which it puts beyond + his power is the vote of the tenant, the vote of the tradesman, which it + is our duty to protect. I ought at the same time to say, that there is one + objection to the ballot of a very serious nature, but which I think may, + nevertheless, be obviated. It is quite clear that, if the ballot shall be + adopted, there will be no remedy for an undue return by a subsequent + scrutiny. Unless, therefore, the registration of votes can be counted on + as correct, the ballot will undoubtedly lead to great inconvenience. It + seems, therefore, that a careful revision of the whole system of + registration, and an improvement of the tribunal before which the rights + of the electors are to be established, should be an inseparable part of + any measure by which the ballot is to be introduced. + </p> + <p> + As to those evils which we have been considering, they are evils which are + practically felt; they are evils which press hard upon a large portion of + the constituent body; and it is not therefore strange, that the cry for a + remedy should be loud and urgent. But there is another subject respecting + which I am told that many among you are anxious, a subject of a very + different description. I allude to the duration of Parliaments. + </p> + <p> + It must be admitted that for some years past we have had little reason to + complain of the length of Parliaments. Since the year 1830 we have had + five general elections; two occasioned by the deaths of two Sovereigns, + and three by political conjunctures. As to the present Parliament, I do + not think that, whatever opinion gentlemen may entertain of the conduct of + that body, they will impute its faults to any confidence which the members + have that they are to sit for seven years; for I very much question + whether there be one gentleman in the House of Commons who thinks, or has + ever thought, that his seat is worth three years' purchase. When, + therefore, we discuss this question, we must remember that we are + discussing a question not immediately pressing. I freely admit, however, + that this is no reason for not fairly considering the subject: for it is + the part of wise men to provide against evils which, though not actually + felt, may be reasonably apprehended. It seems to me that here, as in the + case of the ballot, there are serious considerations to be urged on both + sides. The objections to long Parliaments are perfectly obvious. The truth + is that, in very long Parliaments, you have no representation at all. The + mind of the people goes on changing; and the Parliament, remaining + unchanged, ceases to reflect the opinion of the constituent bodies. In the + old times before the Revolution, a Parliament might sit during the life of + the monarch. Parliaments were then sometimes of eighteen or twenty years' + duration. Thus the Parliament called by Charles the Second soon after his + return from exile, and elected when the nation was drunk with hope and + convulsed by a hysterical paroxysm of loyalty, continued to sit long after + two-thirds of those who had heartily welcomed the King back from Holland + as heartily wished him in Holland again. Since the Revolution we have not + felt that evil to the same extent: but it must be admitted that the term + of seven years is too long. There are, however, other considerations to + set off against this. There are two very serious evils connected with + every general election: the first is, the violent political excitement: + the second is, the ruinous expense. Both these evils were very greatly + diminished by the Reform Act. Formerly these were things which you in + Scotland knew nothing about; but in England the injury to the peace and + morals of society resulting from a general election was incalculable. + During a fifteen days' poll in a town of one hundred thousand inhabitants, + money was flowing in all directions; the streets were running with beer; + all business was suspended; and there was nothing but disturbance and + riot, and slander, and calumny, and quarrels, which left in the bosoms of + private families heartburnings such as were not extinguished in the course + of many years. By limiting the duration of the poll, the Reform Act has + conferred as great a blessing on the country,—and that is saying a + bold word,—as by any other provision which it contains. Still it is + not to be denied that there are evils inseparable from that state of + political excitement into which every community is thrown by the + preparations for an election. A still greater evil is the expense. That + evil too has been diminished by the operation of the Reform Act; but it + still exists to a considerable extent. We do not now indeed hear of such + elections as that of Yorkshire in 1807, or that of Northumberland in 1827. + We do not hear of elections that cost two hundred thousand pounds. But + that the tenth part of that sum, nay, that the hundredth part of that sum + should be expended in a contest, is a great evil. Do not imagine, + Gentlemen, that all this evil falls on the candidates. It is on you that + the evil falls. The effect must necessarily be to limit you in your choice + of able men to serve you. The number of men who can advance fifty thousand + pounds is necessarily much smaller than the number of men who can advance + five thousand pounds; the number of these again is much smaller than the + number of those who can advance five hundred pounds; and the number of men + who can advance five hundred pounds every three years is necessarily + smaller than the number of those who can advance five hundred pounds every + seven years. Therefore it seems to me that the question is one of + comparison. In long Parliaments the representative character is in some + measure effaced. On the other side, if you have short Parliaments, your + choice of men will be limited. Now in all questions of this sort, it is + the part of wisdom to weigh, not indeed with minute accuracy,—for + questions of civil prudence cannot be subjected to an arithmetical test,—but + to weigh the advantages and disadvantages carefully, and then to strike + the balance. Gentlemen will probably judge according to their habits of + mind, and according to their opportunities of observation. Those who have + seen much of the evils of elections will probably incline to long + Parliaments; those who have seen little or nothing of these evils will + probably incline to a short term. Only observe this, that, whatever may be + the legal term, it ought to be a year longer than that for which + Parliaments ought ordinarily to sit. For there must be a general election + at the end of the legal term, let the state of the country be what it may. + There may be riot; there may be revolution; there may be famine in the country; + and yet if the Minister wait to the end of the legal term, the writs must + go out. A wise Minister will therefore always dissolve the Parliament a + year before the end of the legal term, if the country be then in a quiet + state. It has now been long the practice not to keep a Parliament more + than six years. Thus the Parliament which was elected in 1784 sat till + 1790, six years; the Parliament of 1790 till 1796, the Parliament of 1796 + to 1802, the Parliament of 1812 to 1818, and the Parliament of 1820 till + 1826. If, therefore, you wish the duration of Parliaments to be shortened + to three years, the proper course would be to fix the legal term at four + years; and if you wish them to sit for four years, the proper course would + be to fix the legal term at five years. My own inclination would be to fix + the legal term at five years, and thus to have a Parliament practically + every four years. I ought to add that, whenever any shortening of + Parliament takes place, we ought to alter that rule which requires that + Parliament shall be dissolved as often as the demise of the Crown takes + place. It is a rule for which no statesmanlike reason can be given; it is + a mere technical rule; and it has already been so much relaxed that, even + considered as a technical rule, it is absurd. + </p> + <p> + I come now to another subject, of the highest and gravest importance: I + mean the elective franchise; and I acknowledge that I am doubtful whether + my opinions on this subject may be so pleasing to many here present as, if + I may judge from your expressions, my sentiments on other subjects have + been. I shall express my opinions, however, on this subject as frankly as + I have expressed them when they may have been more pleasing. I shall + express them with the frankness of a man who is more desirous to gain your + esteem than to gain your votes. I am for the original principle of the + Reform Bill. I think that principle excellent; and I am sorry that we ever + deviated from it. There were two deviations to which I was strongly + opposed, and to which the authors of the bill, hard pressed by their + opponents and feebly supported by their friends, very unwillingly + consented. One was the admission of the freemen to vote in towns: the + other was the admission of the fifty pound tenants at will to vote in + counties. At the same time I must say that I despair of being able to + apply a direct remedy to either of these evils. The ballot might perhaps + be an indirect remedy for the latter. I think that the system of + registration should be amended, that the clauses relating to the payment + of rates should be altered, or altogether removed, and that the elective + franchise should be extended to every ten pound householder, whether he + resides within or without the limits of a town. To this extent I am + prepared to go; but I should not be dealing with the ingenuousness which + you have a right to expect, if I did not tell you that I am not prepared + to go further. There are many other questions as to which you are entitled + to know the opinions of your representative: but I shall only glance + rapidly at the most important. I have ever been a most determined enemy to + the slave trade, and to personal slavery under every form. I have always + been a friend to popular education. I have always been a friend to the + right of free discussion. I have always been adverse to all restrictions + on trade, and especially to those restrictions which affect the price of + the necessaries of life. I have always been adverse to religious + persecution, whether it takes the form of direct penal laws, or of civil + disabilities. + </p> + <p> + Now, having said so much upon measures, I hope you will permit me to say + something about men. If you send me as your representative to Parliament, + I wish you to understand that I shall go there determined to support the + present ministry. I shall do so not from any personal interest or feeling. + I have certainly the happiness to have several kind and much valued + friends among the members of the Government; and there is one member of + the Government, the noble President of the Council, to whom I owe + obligations which I shall always be proud to avow. That noble Lord, when I + was utterly unknown in public life, and scarcely known even to himself, + placed me in the House of Commons; and it is due to him to say that he + never in the least interfered with the freedom of my parliamentary + conduct. I have since represented a great constituent body, for whose + confidence and kindness I can never be sufficiently grateful, I mean the + populous borough of Leeds. I may possibly by your kindness be placed in + the proud situation of Representative of Edinburgh; but I never could and + never can be a more independent Member of the House of Commons than when I + sat there as the nominee of Lord Lansdowne. But, while I acknowledge my + obligations to that noble person, while I avow the friendship which I feel + for many of his colleagues, it is not on such grounds that I vindicate the + support which it is my intention to give them. I have no right to + sacrifice your interests to my personal or private feelings: my principles + do not permit me to do so; nor do my friends expect that I should do so. + The support which I propose to give to the present Ministry I shall give + on the following grounds. I believe the present Ministry to be by many + degrees the best Ministry which, in the present state of the country, can + be formed. I believe that we have only one choice. I believe that our + choice is between a Ministry substantially,—for of course I do not + speak of particular individuals,—between a Ministry substantially + the same that we have, and a Ministry under the direction of the Duke of + Wellington and Sir Robert Peel. I do not hesitate to pronounce that my + choice is in favour of the former. Some gentleman appears to dissent from + what I say. If I knew what his objections are, I would try to remove them. + But it is impossible to answer inarticulate noises. Is the objection that + the government is too conservative? Or is the objection that the + government is too radical? If I understand rightly, the objection is that + the Government does not proceed vigorously enough in the work of Reform. + To that objection then I will address myself. Now, I am far from denying + that the Ministers have committed faults. But, at the same time, I make + allowances for the difficulties with which they are contending; and having + made these allowances, I confidently say that, when I look back at the + past, I think them entitled to praise, and that, looking forward to the + future, I can pronounce with still more confidence that they are entitled + to support. + </p> + <p> + It is a common error, and one which I have found among men, not only + intelligent, but much conversant in public business, to think that in + politics, legislation is everything and administration nothing. Nothing is + more usual than to hear people say, "What! another session gone and + nothing done; no new bills passed; the Irish Municipal Bill stopped in the + House of Lords. How could we be worse off if the Tories were in?" My + answer is that, if the Tories were in, our legislation would be in as bad + a state as at present, and we should have a bad administration into the + bargain. It seems strange to me that gentlemen should not be aware that it + may be better to have unreformed laws administered in a reforming spirit, + than reformed laws administered in a spirit hostile to all reform. We + often hear the maxim, "Measures not men," and there is a sense in which it + is an excellent maxim. Measures not men, certainly: that is, we are not to + oppose Sir Robert Peel simply because he is Sir Robert Peel, or to support + Lord John Russell simply because he is Lord John Russell. We are not to + follow our political leaders in the way in which my honest Highland + ancestors followed their chieftains. We are not to imitate that blind + devotion which led all the Campbells to take the side of George the Second + because the Duke of Argyle was a Whig, and all the Camerons to take the + side of the Stuarts because Lochiel was a Jacobite. But if you mean that, + while the laws remain the same, it is unimportant by whom they are + administered, then I say that a doctrine more absurd was never uttered. + Why, what are laws? They are mere words; they are a dead letter; till a + living agent comes to put life into them. This is the case even in + judicial matters. You can tie up the judges of the land much more closely + than it would be right to tie up the Secretary for the Home Department or + the Secretary for Foreign Affairs. Yet is it immaterial whether the laws + be administered by Chief Justice Hale or Chief Justice Jeffreys? And can + you doubt that the case is still stronger when you come to political + questions? It would be perfectly easy, as many of you must be aware, to + point out instances in which society has prospered under defective laws, + well administered, and other instances in which society has been miserable + under institutions that looked well on paper. But we need not go beyond + our own country and our own times. Let us see what, within this island and + in the present year, a good administration has done to mitigate bad laws. + For example, let us take the law of libel. I hold the present state of our + law of libel to be a scandal to a civilised community. Nothing more absurd + can be found in the whole history of jurisprudence. How the law of libel + was abused formerly, you all know. You all know how it was abused under + the administrations of Lord North, of Mr Pitt, of Mr Perceval, of the Earl + of Liverpool; and I am sorry to say that it was abused, most unjustifiably + abused, by Lord Abinger under the administration of the Duke of Wellington + and Sir Robert Peel. Now is there any person who will pretend to say that + it has ever been abused by the Government of Lord Melbourne? That + Government has enemies in abundance; it has been attacked by Tory + malcontents and by Radical malcontents; but has any one of them ever had + the effrontery to say that it has abused the power of filing ex officio + informations for libel? Has this been from want of provocation? On the + contrary, the present Government has been libelled in a way in which no + Government was ever libelled before. Has the law been altered? Has it been + modified? Not at all. We have exactly the same laws that we had when Mr + Perry was brought to trial for saying that George the Third was unpopular, + Mr Leigh Hunt for saying that George the Fourth was fat, and Sir Francis + Burdett for expressing, not perhaps in the best taste, a natural and + honest indignation at the slaughter which took place at Manchester in + 1819. The law is precisely the same; but if it had been entirely + remodelled, political writers could not have had more liberty than they + have enjoyed since Lord Melbourne came into power. + </p> + <p> + I have given you an instance of the power of a good administration to + mitigate a bad law. Now, see how necessary it is that there should be a + good administration to carry a good law into effect. An excellent bill was + brought into the House of Commons by Lord John Russell in 1828, and + passed. To any other man than Lord John Russell the carrying of such a + bill would have been an enviable distinction indeed; but his name is + identified with still greater reforms. It will, however, always be + accounted one of his titles to public gratitude that he was the author of + the law which repealed the Test Act. Well, a short time since, a noble + peer, the Lord Lieutenant of the county of Nottingham, thought fit to + re-enact the Test Act, so far as that county was concerned. I have already + mentioned His Grace the Duke of Newcastle, and, to say truth, there is no + life richer in illustrations of all forms and branches of misgovernment + than his. His Grace very coolly informed Her Majesty's Ministers that he + had not recommended a certain gentleman for the commission of the peace + because the gentleman was a Dissenter. Now here is a law which admits + Dissenters to offices; and a Tory nobleman takes it on himself to rescind + that law. But happily we have Whig Ministers. What did they do? Why, they + put the Dissenter into the Commission; and they turned the Tory nobleman + out of the Lieutenancy. Do you seriously imagine that under a Tory + administration this would have been done? I have no wish to say anything + disrespectful of the great Tory leaders. I shall always speak with respect + of the great qualities and public services of the Duke of Wellington: I + have no other feeling about him than one of pride that my country has + produced so great a man; nor do I feel anything but respect and kindness + for Sir Robert Peel, of whose abilities no person that has had to + encounter him in debate will ever speak slightingly. I do not imagine that + those eminent men would have approved of the conduct of the Duke of + Newcastle. I believe that the Duke of Wellington would as soon have + thought of running away from the field of battle as of doing the same + thing in Hampshire, where he is Lord Lieutenant. But do you believe that + he would have turned the Duke of Newcastle out? I believe that he would + not. As Mr Pulteney, a great political leader, said a hundred years since, + "The heads of parties are, like the heads of snakes, carried on by the + tails." It would have been utterly impossible for the Tory Ministers to + have discarded the powerful Tory Duke, unless they had at the same time + resolved, like Mr Canning in 1827, to throw themselves for support on the + Whigs. + </p> + <p> + Now I have given you these two instances to show that a change in the + administration may produce all the effects of a change in the law. You see + that to have a Tory Government is virtually to reenact the Test Act, and + that to have a Whig Government is virtually to repeal the law of libel. + And if this is the case in England and Scotland, where society is in a + sound state, how much more must it be the case in the diseased part of the + empire, in Ireland? Ask any man there, whatever may be his religion, + whatever may be his politics, Churchman, Presbyterian, Roman Catholic, + Repealer, Precursor, Orangeman, ask Mr O'Connell, ask Colonel Conolly, + whether it is a slight matter in whose hands the executive power is + lodged. Every Irishman will tell you that it is a matter of life and + death; that in fact more depends upon the men than upon the laws. It + disgusts me therefore to hear men of liberal politics say, "What is the + use of a Whig Government? The Ministers can do nothing for the country. + They have been four years at work on an Irish Municipal Bill, without + being able to pass it through the Lords." Would any ten Acts of Parliament + make such a difference to Ireland as the difference between having Lord + Ebrington for Lord Lieutenant, with Lord Morpeth for Secretary, and having + the Earl of Roden for Lord Lieutenant, with Mr Lefroy for Secretary? Ask + the popular Irish leaders whether they would like better to remain as they + are, with Lord Ebrington as Lord Lieutenant, or to have the Municipal + Bill, and any other three bills which they might name, with Lord Roden for + Viceroy; and they will at once answer, "Leave us Lord Ebrington; and burn + your bills." The truth is that, the more defective the legislation, the + more important is a good administration, just as the personal qualities of + the Sovereign are of more importance in despotic countries like Russia + than in a limited monarchy. If we have not in our Statute Book all the + securities necessary for good government, it is of the more importance + that the character of the men who administer the government should be an + additional security. + </p> + <p> + But we are told that the Government is weak. That is most true; and I + believe that almost all that we are tempted to blame in the conduct of the + Government is to be attributed to weakness. But let us consider what the + nature of this weakness is. Is it that kind of weakness which makes it our + duty to oppose the Government? Or is it that kind of weakness which makes + it our duty to support the Government? Is it intellectual weakness, moral + weakness, the incapacity to discern, or the want of courage to pursue, the + true interest of the nation? Such was the weakness of Mr Addington, when + this country was threatened with invasion from Boulogne. Such was the + weakness of the Government which sent out the wretched Walcheren + expedition, and starved the Duke of Wellington in Spain; a government + whose only strength was shown in prosecuting writers who exposed abuses, + and in slaughtering rioters whom oppression had driven into outrage. Is + that the weakness of the present Government? I think not. As compared with + any other party capable of holding the reins of Government, they are + deficient neither in intellectual nor in moral strength. On all great + questions of difference between the Ministers and the Opposition, I hold + the Ministers to be in the right. When I consider the difficulties with + which they have to struggle, when I see how manfully that struggle is + maintained by Lord Melbourne, when I see that Lord John Russell has + excited even the admiration of his opponents by the heroic manner in which + he has gone on, year after year, in sickness and domestic sorrow, fighting + the battle of Reform, I am led to the conclusion that the weakness of the + Ministers is of that sort which makes it our duty to give them, not + opposition, but support; and that support it is my purpose to afford to + the best of my ability. + </p> + <p> + If, indeed, I thought myself at liberty to consult my own inclination, I + should have stood aloof from the conflict. If you should be pleased to + send me to Parliament, I shall enter an assembly very different from that + which I quitted in 1834. I left the Wigs united and dominant, strong in + the confidence and attachment of one House of Parliament, strong also in + the fears of the other. I shall return to find them helpless in the Lords, + and forced almost every week to fight a battle for existence in the + Commons. Many, whom I left bound together by what seemed indissoluble + private and public ties, I shall now find assailing each other with more + than the ordinary bitterness of political hostility. Many with whom I sate + side by side, contending through whole nights for the Reform Bill, till + the sun broke over the Thames on our undiminished ranks, I shall now find + on hostile benches. I shall be compelled to engage in painful altercations + with many with whom I had hoped never to have a conflict, except in the + generous and friendly strife which should best serve the common cause. I + left the Liberal Government strong enough to maintain itself against an + adverse Court; I see that the Liberal Government now rests for support on + the preference of a Sovereign, in whom the country sees with delight the + promise of a better, a gentler, a happier Elizabeth, of a Sovereign in + whom we hope that our children and our grandchildren will admire the + firmness, the sagacity, and the spirit which distinguished the last and + greatest of the Tudors, tempered by the beneficent influence of more + humane times and more popular institutions. Whether royal favour, never + more needed and never better deserved, will enable the government to + surmount the difficulties with which it has to deal, I cannot presume to + judge. It may be that the blow has only been deferred for a season, and + that a long period of Tory domination is before us. Be it so. I entered + public life a Whig; and a Whig I am determined to remain. I use that word, + and I wish you to understand that I use it, in no narrow sense. I mean by + a Whig, not one who subscribes implicitly to the contents of any book, + though that book may have been written by Locke; not one who approves the + whole conduct of any statesman, though that statesman may have been Fox; + not one who adopts the opinions in fashion in any circle, though that + circle may be composed of the finest and noblest spirits of the age. But + it seems to me that, when I look back on our history, I can discern a + great party which has, through many generations, preserved its identity; a + party often depressed, never extinguished; a party which, though often + tainted with the faults of the age, has always been in advance of the age; + a party which, though guilty of many errors and some crimes, has the glory + of having established our civil and religious liberties on a firm + foundation; and of that party I am proud to be a member. It was that party + which, on the great question of monopolies, stood up against Elizabeth. It + was that party which, in the reign of James the First, organised the + earliest parliamentary opposition, which steadily asserted the privileges + of the people, and wrested prerogative after prerogative from the Crown. + It was that party which forced Charles the First to relinquish the + ship-money. It was that party which destroyed the Star Chamber and the + High Commission Court. It was that party which, under Charles the Second, + carried the Habeas Corpus Act, which effected the Revolution, which passed + the Toleration Act, which broke the yoke of a foreign church in your + country, and which saved Scotland from the fate of unhappy Ireland. It was + that party which reared and maintained the constitutional throne of + Hanover against the hostility of the Church and of the landed aristocracy + of England. It was that party which opposed the war with America and the + war with the French Republic; which imparted the blessings of our free + Constitution to the Dissenters; and which, at a later period, by + unparalleled sacrifices and exertions, extended the same blessings to the + Roman Catholics. To the Whigs of the seventeenth century we owe it that we + have a House of Commons. To the Whigs of the nineteenth century we owe it + that the House of Commons has been purified. The abolition of the slave + trade, the abolition of colonial slavery, the extension of popular + education, the mitigation of the rigour of the penal code, all, all were + effected by that party; and of that party, I repeat, I am a member. I look + with pride on all that the Whigs have done for the cause of human freedom + and of human happiness. I see them now hard pressed, struggling with + difficulties, but still fighting the good fight. At their head I see men + who have inherited the spirit and the virtues, as well as the blood, of + old champions and martyrs of freedom. To those men I propose to attach + myself. Delusion may triumph: but the triumphs of delusion are but for a + day. We may be defeated: but our principles will only gather fresh + strength from defeats. Be that, however, as it may, my part is taken. + While one shred of the old banner is flying, by that banner will I at + least be found. The good old cause, as Sidney called it on the scaffold, + vanquished or victorious, insulted or triumphant, the good old cause is + still the good old cause with me. Whether in or out of Parliament, whether + speaking with that authority which must always belong to the + representative of this great and enlightened community, or expressing the + humble sentiments of a private citizen, I will to the last maintain + inviolate my fidelity to principles which, though they may be borne down + for a time by senseless clamour, are yet strong with the strength and + immortal with the immortality of truth, and which, however they may be + misunderstood or misrepresented by contemporaries, will assuredly find + justice from a better age. Gentlemen, I have done. I have only to thank + you for the kind attention with which you have heard me, and to express my + hope that whether my principles have met with your concurrence or not, the + frankness with which I have expressed them will at least obtain your + approbation. + </p> + <hr /> + <p> + <a name="link2H_4_0016" id="link2H_4_0016"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CONFIDENCE IN THE MINISTRY OF LORD MELBOURNE. (JANUARY 29, 1840) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 29TH OF JANUARY 1840. + </h2> + <p> + On the twenty-eighth of January 1840, Sir John Yarde Buller moved the + following resolution: + </p> + <p> + "That Her Majesty's Government, as at present constituted, does not + possess the confidence of the House." + </p> + <p> + After a discussion of four nights the motion was rejected by 308 votes to + 287. The following Speech was made on the second night of the debate. + </p> + <p> + The House, Sir, may possibly imagine that I rise under some little feeling + of irritation to reply to the personal reflections which have been + introduced into the discussion. It would be easy to reply to these + reflections. It would be still easier to retort them: but I should think + either course unworthy of me and of this great occasion. If ever I should + so far forget myself as to wander from the subject of debate to matters + concerning only myself, it will not, I hope, be at a time when the dearest + interests of our country are staked on the result of our deliberations. I + rise under feelings of anxiety which leave no room in my mind for selfish + vanity or petty vindictiveness. I believe with the most intense conviction + that, in pleading for the Government to which I belong, I am pleading for + the safety of the Commonwealth, for the reformation of abuses, and at the + same time for the preservation of august and venerable institutions: and I + trust, Mr Speaker, that when the question is whether a Cabinet be or be + not worthy of the confidence of Parliament, the first Member of that + Cabinet who comes forward to defend himself and his colleagues will find + here some portion of that generosity and good feeling which once + distinguished English gentlemen. But be this as it may, my voice shall be + heard. I repeat, that I am pleading at once for the reformation and for + the preservation of our institutions, for liberty and order, for justice + administered in mercy, for equal laws, for the rights of conscience, and + for the real union of Great Britain and Ireland. If, on so grave an + occasion, I should advert to one or two of the charges which have been + brought against myself personally, I shall do so only because I conceive + that those charges affect in some degree the character of the Government + to which I belong. + </p> + <p> + One of the chief accusations brought against the Government by the + honourable Baronet (Sir John Yarde Buller.) who opened the debate, and + repeated by the seconder (Alderman Thompson.), and by almost every + gentlemen who has addressed the House from the benches opposite, is that I + have been invited to take office though my opinion with respect to the + Ballot is known to be different from that of my colleagues. We have been + repeatedly told that a Ministry in which there is not perfect unanimity on + a subject so important must be undeserving of the public confidence. Now, + Sir, it is true that I am in favour of secret voting, that my noble and + right honourable friends near me are in favour of open voting, and yet + that we sit in the same Cabinet. But if, on account of this difference of + opinion, the Government is unworthy of public confidence, then I am sure + that scarcely any government which has existed within the memory of the + oldest man has been deserving of public confidence. It is well-known that + in the Cabinets of Mr Pitt, of Mr Fox, of Lord Liverpool, of Mr Canning, + of the Duke of Wellington, there were open questions of great moment. Mr + Pitt, while still zealous for parliamentary reform, brought into the + Cabinet Lord Grenville, who was adverse to parliamentary reform. Again, Mr + Pitt, while eloquently supporting the abolition of the Slave Trade, + brought into the Cabinet Mr Dundas, who was the chief defender of the + Slave Trade. Mr Fox, too, intense as was his abhorrence of the Slave + Trade, sat in the same Cabinet with Lord Sidmouth and Mr Windham, who + voted to the last against the abolition of that trade. Lord Liverpool, Mr + Canning, the Duke of Wellington, all left the question of Catholic + Emancipation open. And yet, of all questions, that was perhaps the very + last that should have been left open. For it was not merely a legislative + question, but a question which affected every part of the executive + administration. But, to come to the present time, suppose that you could + carry your resolution, suppose that you could drive the present Ministers + from power, who that may succeed them will be able to form a government in + which there will be no open questions? Can the right honourable Baronet + the member for Tamworth (Sir Robert Peel.) form a Cabinet without leaving + the great question of our privileges open? In what respect is that + question less important than the question of the Ballot? Is it not indeed + from the privileges of the House that all questions relating to the + constitution of the House derive their importance? What does it matter how + we are chosen, if, when we meet, we do not possess the powers necessary to + enable us to perform the functions of a legislative assembly? Yet you who + would turn out the present Ministers because they differ from each other + as to the way in which Members of this House should be chosen, wish to + bring in men who decidedly differ from each other as to the relation in + which this House stands to the nation, to the other House, and to the + Courts of Judicature. Will you say that the dispute between the House and + the Court of Queen's Bench is a trifling dispute? Surely, in the late + debates, you were all perfectly agreed as to the importance of the + question, though you were agreed as to nothing else. Some of you told us + that we were contending for a power essential to our honour and + usefulness. Many of you protested against our proceedings, and declared + that we were encroaching on the province of the tribunals, violating the + liberty of our fellow citizens, punishing honest magistrates for not + perjuring themselves. Are these trifles? And can we believe that you + really feel a horror of open questions when we see your Prime Minister + elect sending people to prison overnight, and his law officers elect + respectfully attending the levee of those prisoners the next morning? + Observe, too, that this question of privileges is not merely important; it + is also pressing. Something must be done, and that speedily. My belief is + that more inconvenience would follow from leaving that question open one + month than from leaving the question of the Ballot open ten years. + </p> + <p> + The Ballot, Sir, is not the only subject on which I am accused of holding + dangerous opinions. The right honourable Baronet the Member for Pembroke + (Sir James Graham.) pronounces the present Government a Chartist + Government; and he proves his point by saying that I am a member of the + government, and that I wish to give the elective franchise to every ten + pound householder, whether his house be in a town or in the country. Is it + possible, Sir, that the honourable Baronet should not know that the + fundamental principle of the plan of government called the People's + Charter is that every male of twenty-one should have a vote? Or is it + possible that he can see no difference between giving the franchise to all + ten pound householders, and giving the franchise to all males of + twenty-one? Does he think the ten pound householders a class morally or + intellectually unfit to possess the franchise, he who bore a chief part in + framing the law which gave them the franchise in all the represented towns + of the United Kingdom? Or will he say that the ten pound householder in a + town is morally and intellectually fit to be an elector, but that the ten + pound householder who lives in the open country is morally and + intellectually unfit? Is not house-rent notoriously higher in towns than + in the country? Is it not, therefore, probable that the occupant of a ten + pound house in a rural hamlet will be a man who has a greater stake in the + peace and welfare of society than a man who has a ten pound house in + Manchester or Birmingham? Can you defend on conservative principles an + arrangement which gives votes to a poorer class and withholds them from a + richer? For my own part, I believe it to be essential to the welfare of + the state, that the elector should have a pecuniary qualification. I + believe that the ten pound qualification cannot be proved to be either too + high or too low. Changes, which may hereafter take place in the value of + money and in the condition of the people, may make a change of the + qualification necessary. But the ten pound qualification is, I believe, + well suited to the present state of things. At any rate, I am unable to + conceive why it should be a sufficient qualification within the limits of + a borough, and an insufficient qualification a yard beyond those limits; + sufficient at Knightsbridge, but insufficient at Kensington; sufficient at + Lambeth, but insufficient at Battersea? If any person calls this Chartism, + he must permit me to tell him that he does not know what Chartism is. + </p> + <p> + A motion, Sir, such as that which we are considering, brings under our + review the whole policy of the kingdom, domestic, foreign, and colonial. + It is not strange, therefore, that there should have been several episodes + in this debate. Something has been said about the hostilities on the River + Plata, something about the hostilities on the coast of China, something + about Commissioner Lin, something about Captain Elliot. But on such points + I shall not dwell, for it is evidently not by the opinion which the House + may entertain on such points that the event of the debate will be decided. + The main argument of the gentlemen who support the motion, the argument on + which the right honourable Baronet who opened the debate chiefly relied, + the argument which his seconder repeated, and which has formed the + substance of every speech since delivered from the opposite side of the + House, may be fairly summed up thus, "The country is not in a satisfactory + state. There is much recklessness, much turbulence, much craving for + political change; and the cause of these evils is the policy of the Whigs. + They rose to power by agitation in 1830: they retained power by means of + agitation through the tempestuous months which followed: they carried the + Reform Bill by means of agitation: expelled from office, they forced + themselves in again by means of agitation; and now we are paying the + penalty of their misconduct. Chartism is the natural offspring of + Whiggism. From those who caused the evil we cannot expect the remedy. The + first thing to be done is to dismiss them, and to call to power men who, + not having instigated the people to commit excesses, can, without + incurring the charge of inconsistency, enforce the laws." + </p> + <p> + Now, Sir, it seems to me that this argument was completely refuted by the + able and eloquent speech of my right honourable friend the Judge Advocate. + (Sir George Grey.) He said, and he said most truly, that those who hold + this language are really accusing, not the Government of Lord Melbourne, + but the Government of Lord Grey. I was therefore, I must say, surprised, + after the speech of my right honourable friend, to hear the right + honourable Baronet the Member for Pembroke, himself a distinguished member + of the cabinet of Lord Grey, pronounce a harangue against agitation. That + he was himself an agitator he does not venture to deny; but he tries to + excuse himself by saying, "I liked the Reform Bill; I thought it a good + bill; and so I agitated for it; and, in agitating for it, I acknowledge + that I went to the very utmost limit of what was prudent, to the very + utmost limit of what was legal." Does not the right honourable Baronet + perceive that, by setting up this defence for his own past conduct, he + admits that agitation is good or evil, according as the objects of the + agitation are good or evil? When I hear him speak of agitation as a + practice disgraceful to a public man, and especially to a Minister of the + Crown, and address his lecture in a particular manner to me, I cannot but + wonder that he should not perceive that his reproaches, instead of + wounding me, recoil on himself. I was not a member of the Cabinet which + brought in the Reform Bill, which dissolved the Parliament in a moment of + intense excitement in order to carry the Reform Bill, which refused to + serve the Sovereign longer unless he would create peers in sufficient + numbers to carry the Reform Bill. I was at that time only one of those + hundreds of members of this House, one of those millions of Englishmen, + who were deeply impressed with the conviction that the Reform Bill was one + of the best laws that ever had been framed, and who reposed entire + confidence in the abilities, the integrity, and the patriotism of the + ministers; and I must add that in no member of the administration did I + place more confidence than in the right honourable Baronet, who was then + First Lord of the Admiralty, and in the noble lord who was then Secretary + for Ireland. (Lord Stanley.) It was indeed impossible for me not to see + that the public mind was strongly, was dangerously stirred: but I trusted + that men so able, men so upright, men who had so large a stake in the + country, would carry us safe through the storm which they had raised. And + is it not rather hard that my confidence in the right honourable Baronet + and the noble lord is to be imputed to me as a crime by the very men who + are trying to raise the right honourable Baronet and the noble lord to + power? The Charter, we have been told in this debate, is the child of the + Reform Bill. But whose child is the Reform Bill? If men are to be deemed + unfit for office because they roused the national spirit to support that + bill, because they went as far as the law permitted in order to carry that + bill, then I say that no men can be more unfit for office than the right + honourable Baronet and the noble lord. It may be thought presumptuous in + me to defend two persons who are so well able to defend themselves, and + the more so, as they have a powerful ally in the right honourable Baronet + the Member for Tamworth, who, having twice offered them high places in the + Government, must be supposed to be of opinion that they are not + disqualified for being ministers by having been agitators. I will, + however, venture to offer some arguments in vindication of the conduct of + my noble and right honourable friends, as I once called them, and as, + notwithstanding the asperity which has characterised the present debate, I + should still have pleasure in calling them. I would say in their behalf + that agitation ought not to be indiscriminately condemned; that great + abuses ought to be removed; that in this country scarcely any great abuse + was ever removed till the public feeling had been roused against it; and + that the public feeling has seldom been roused against abuses without + exertions to which the name of agitation may be given. I altogether deny + the assertion which we have repeatedly heard in the course of this debate, + that a government which does not discountenance agitation cannot be + trusted to suppress rebellion. Agitation and rebellion, you say, are in + kind the same thing: they differ only in degree. Sir, they are the same + thing in the sense in which to breathe a vein and to cut a throat are the + same thing. There are many points of resemblance between the act of the + surgeon and the act of the assassin. In both there is the steel, the + incision, the smart, the bloodshed. But the acts differ as widely as + possible both in moral character and in physical effect. So with agitation + and rebellion. I do not believe that there has been any moment since the + revolution of 1688 at which an insurrection in this country would have + been justifiable. On the other hand, I hold that we have owed to agitation + a long series of beneficent reforms which could have been effected in no + other way. Nor do I understand how any person can reprobate agitation, + merely as agitation, unless he is prepared to adopt the maxim of Bishop + Horsley, that the people have nothing to do with the laws but to obey + them. The truth is that agitation is inseparable from popular government. + If you wish to get rid of agitation, you must establish an oligarchy like + that of Venice, or a despotism like that of Russia. If a Russian thinks + that he is able to suggest an improvement in the commercial code or the + criminal code of his country, he tries to obtain an audience of the + Emperor Nicholas or of Count Nesselrode. If he can satisfy them that his + plans are good, then undoubtedly, without agitation, without controversy + in newspapers, without harangues from hustings, without clamorous meetings + in great halls and in marketplaces, without petitions signed by tens of + thousands, you may have a reform effected with one stroke of the pen. Not + so here. Here the people, as electors, have power to decide questions of + the highest importance. And ought they not to hear and read before they + decide? And how can they hear if nobody speaks, or read if nobody writes? + You must admit, then, that it is our right, and that it may be our duty, + to attempt by speaking and writing to induce the great body of our + countrymen to pronounce what we think a right decision; and what else is + agitation? In saying this I am not defending one party alone. Has there + been no Tory agitation? No agitation against Popery? No agitation against + the new Poor Law? No agitation against the plan of education framed by the + present Government? Or, to pass from questions about which we differ to + questions about which we all agree: Would the slave trade ever have been + abolished without agitation? Would slavery ever have been abolished + without agitation? Would your prison discipline ever have been improved + without agitation? Would your penal code, once the scandal of the Statute + Book, have been mitigated without agitation? I am far from denying that + agitation may be abused, may be employed for bad ends, may be carried to + unjustifiable lengths. So may that freedom of speech which is one of the + most precious privileges of this House. Indeed, the analogy is very close. + What is agitation but the mode in which the public, the body which we + represent, the great outer assembly, if I may so speak, holds its debates? + It is as necessary to the good government of the country that our + constituents should debate as that we should debate. They sometimes go + wrong, as we sometimes go wrong. There is often much exaggeration, much + unfairness, much acrimony in their debates. Is there none in ours? Some + worthless demagogues may have exhorted the people to resist the laws. But + what member of Lord Grey's Government, what member of the present + Government, ever gave any countenance to any illegal proceedings? It is + perfectly true that some words which have been uttered here and in other + places, and which, when taken together with the context and candidly + construed, will appear to mean nothing but what was reasonable and + constitutional and moderate, have been distorted and mutilated into + something that has a seditious aspect. But who is secure against such + misrepresentation? Not, I am sure, the right honourable Baronet the Member + for Pembroke. He ought to remember that his own speeches have been used by + bad men for bad ends. He ought to remember that some expressions which he + used in 1830, on the subject of the emoluments divided among Privy + Councillors, have been quoted by the Chartists in vindication of their + excesses. Do I blame him for this? Not at all. He said nothing that was + not justifiable. But it is impossible for a man so to guard his lips that + his language shall not sometimes be misunderstood by dull men, and + sometimes misrepresented by dishonest men. I do not, I say, blame him for + having used those expressions: but I do say that, knowing how his own + expressions had been perverted, he should have hesitated before he threw + upon men, not less attached than himself to the cause of law, of order and + property, imputations certainly not better founded than those to which he + is himself liable. + </p> + <p> + And now, Sir, to pass by many topics to which, but for the lateness of the + hour, I would willingly advert, let me remind the House that the question + before us is not a positive question, but a question of comparison. No + man, though he may disapprove of some part of the conduct of the present + Ministers, is justified in voting for the motion which we are considering, + unless he believes that a change would, on the whole, be beneficial. No + government is perfect: but some government there must be; and if the + present government were worse than its enemies think it, it ought to exist + until it can be succeeded by a better. Now I take it to be perfectly clear + that, in the event of the removal of Her Majesty's present advisers, an + administration must be formed of which the right honourable Baronet the + Member for Tamworth will be the head. Towards that right honourable + Baronet, and towards many of the noblemen and gentlemen who would probably + in that event be associated with him, I entertain none but kind and + respectful feelings. I am far, I hope, from that narrowness of mind which + makes a man unable to see merit in any party but his own. If I may venture + to parody the old Venetian proverb, I would be "First an Englishman; and + then a Whig." I feel proud of my country when I think how much ability, + uprightness, and patriotism may be found on both sides of the House. Among + our opponents stands forth, eminently distinguished by parts, eloquence, + knowledge, and, I willingly admit, by public spirit, the right honourable + Baronet the Member for Tamworth. Having said this, I shall offer no + apology for the remarks which, in the discharge of my public duty, I shall + make, without, I hope, any personal discourtesy, on his past conduct, and + his present position. + </p> + <p> + It has been, Sir, I will not say his fault, but his misfortune, his fate, + to be the leader of a party with which he has no sympathy. To go back to + what is now matter of history, the right honourable Baronet bore a chief + part in the restoration of the currency. By a very large proportion of his + followers the restoration of the currency is considered as the chief cause + of the distresses of the country. The right honourable Baronet cordially + supported the commercial policy of Mr Huskisson. But there was no name + more odious than that of Mr Huskisson to the rank and file of the Tory + party. The right honourable Baronet assented to the Act which removed the + disabilities of the Protestant Dissenters. But, a very short time ago, a + noble Duke, one of the highest in power and rank of the right honourable + Baronet's adherents, positively refused to lend his aid to the executing + of that Act. The right honourable Baronet brought in the bill which + removed the disabilities of the Roman Catholics: but his supporters make + it a chief article of charge against us that we have given practical + effect to the law which is his best title to public esteem. The right + honourable Baronet has declared himself decidedly favourable to the new + Poor Law. Yet, if a voice is raised against the Whig Bastilles and the + Kings of Somerset House, it is almost certain to be the voice of some + zealous retainer of the right honourable Baronet. On the great question of + privilege, the right honourable Baronet has taken a part which entitles + him to the gratitude of all who are solicitous for the honour and the + usefulness of the popular branch of the legislature. But if any person + calls us tyrants, and calls those whom we have imprisoned martyrs, that + person is certain to be a partisan of the right honourable Baronet. Even + when the right honourable Baronet does happen to agree with his followers + as to a conclusion, he seldom arrives at that conclusion by the same + process of reasoning which satisfies them. Many great questions which they + consider as questions of right and wrong, as questions of moral and + religious principle, as questions which must, for no earthly object, and + on no emergency, be compromised, are treated by him merely as questions of + expediency, of place, and of time. He has opposed many bills introduced by + the present Government; but he has opposed them on such grounds that he is + at perfect liberty to bring in the same bills himself next year, with + perhaps some slight variation. I listened to him as I always listen to + him, with pleasure, when he spoke last session on the subject of + education. I could not but be amused by the skill with which he performed + the hard task of translating the gibberish of bigots into language which + might not misbecome the mouth of a man of sense. I felt certain that he + despised the prejudices of which he condescended to make use, and that his + opinion about the Normal Schools and the Douai Version entirely agreed + with my own. I therefore do not think that, in times like these, the right + honourable Baronet can conduct the administration with honour to himself + or with satisfaction to those who are impatient to see him in office. I + will not affect to feel apprehensions from which I am entirely free. I do + not fear, and I will not pretend to fear, that the right honourable + Baronet will be a tyrant and a persecutor. I do not believe that he will + give up Ireland to the tender mercies of those zealots who form, I am + afraid, the strongest, and I am sure the loudest, part of his retinue. I + do not believe that he will strike the names of Roman Catholics from the + Privy Council book, and from the Commissions of the Peace. I do not + believe that he will lay on our table a bill for the repeal of that great + Act which was introduced by himself in 1829. What I do anticipate is this, + that he will attempt to keep his party together by means which will excite + grave discontents, and yet that he will not succeed in keeping his party + together; that he will lose the support of the Tories without obtaining + the support of the nation; and that his government will fall from causes + purely internal. + </p> + <p> + This, Sir, is not mere conjecture. The drama is not a new one. It was + performed a few years ago on the same stage and by most of the same + actors. In 1827 the right honourable Baronet was, as now, the head of a + powerful Tory opposition. He had, as now, the support of a strong minority + in this House. He had, as now, a majority in the other House. He was, as + now, the favourite of the Church and of the Universities. All who dreaded + political change, all who hated religious liberty, rallied round him then, + as they rally round him now. Their cry was then, as now, that a government + unfriendly to the civil and ecclesiastical constitution of the realm was + kept in power by intrigue and court favour, and that the right honourable + Baronet was the man to whom the nation must look to defend its laws + against revolutionists, and its religion against idolaters. At length that + cry became irresistible. Tory animosity had pursued the most accomplished + of Tory statesmen and orators to a resting place in Westminster Abbey. The + arrangement which was made after his death lasted but a very few months: a + Tory government was formed; and the right honourable Baronet became the + leading minister of the Crown in the House of Commons. His adherents + hailed his elevation with clamorous delight, and confidently expected many + years of triumph and dominion. Is it necessary to say in what + disappointment, in what sorrow, in what fury, those expectations ended? + The right honourable Baronet had been raised to power by prejudices and + passions in which he had no share. His followers were bigots. He was a + statesman. He was coolly weighing conveniences against inconveniences, + while they were ready to resort to a proscription and to hazard a civil + war rather than depart from what they called their principles. For a time + he tried to take a middle course. He imagined that it might be possible + for him to stand well with his old friends, and yet to perform some part + of his duty to the state. But those were not times in which he could long + continue to halt between two opinions. His elevation, as it had excited + the hopes of the oppressors, had excited also the terror and the rage of + the oppressed. Agitation, which had, during more than a year, slumbered in + Ireland, awoke with renewed vigour, and soon became more formidable than + ever. The Roman Catholic Association began to exercise authority such as + the Irish Parliament, in the days of its independence, had never + possessed. An agitator became more powerful than the Lord Lieutenant. + Violence engendered violence. Every explosion of feeling on one side of St + George's Channel was answered by a louder explosion on the other. The + Clare election, the Penenden Heath meeting showed that the time for + evasion and delay was past. A crisis had arrived which made it absolutely + necessary for the Government to take one side or the other. A simple issue + was proposed to the right honourable Baronet, concession or civil war; to + disgust his party, or to ruin his country. He chose the good part. He + performed a duty, deeply painful, in some sense humiliating, yet in truth + highly honourable to him. He came down to this House and proposed the + emancipation of the Roman Catholics. Among his adherents were some who, + like himself, had opposed the Roman Catholic claims merely on the ground + of political expediency; and these persons readily consented to support + his new policy. But not so the great body of his followers. Their zeal for + Protestant ascendency was a ruling passion, a passion, too, which they + thought it a virtue to indulge. They had exerted themselves to raise to + power the man whom they regarded as the ablest and most trusty champion of + that ascendency; and he had not only abandoned the good cause, but had + become its adversary. Who can forget in what a roar of obloquy their anger + burst forth? Never before was such a flood of calumny and invective poured + on a single head. All history, all fiction were ransacked by the old + friends of the right honourable Baronet, for nicknames and allusions. One + right honourable gentleman, who I am sorry not to see in his place + opposite, found English prose too weak to express his indignation, and + pursued his perfidious chief with reproaches borrowed from the ravings of + the deserted Dido. Another Tory explored Holy Writ for parallels, and + could find no parallel but Judas Iscariot. The great university which had + been proud to confer on the right honourable Baronet the highest marks of + favour, was foremost in affixing the brand of infamy. From Cornwall, from + Northumberland, clergymen came up by hundreds to Oxford, in order to vote + against him whose presence, a few days before, would have set the bells of + their parish churches jingling. Nay, such was the violence of this new + enmity that the old enmity of the Tories to Whigs, Radicals, Dissenters, + Papists, seemed to be forgotten. That Ministry which, when it came into + power at the close of 1828, was one of the strongest that the country ever + saw, was, at the close of 1829, one of the weakest. It lingered another + year, staggering between two parties, leaning now on one, now on the + other, reeling sometimes under a blow from the right, sometimes under a + blow from the left, and certain to fall as soon as the Tory opposition and + the Whig opposition could find a question on which to unite. Such a + question was found: and that Ministry fell without a struggle. + </p> + <p> + Now what I wish to know is this. What reason have we to believe that any + administration which the right honourable Baronet can now form will have a + different fate? Is he changed since 1829? Is his party changed? He is, I + believe, still the same, still a statesman, moderate in opinions, cautious + in temper, perfectly free from that fanaticism which inflames so many of + his supporters. As to his party, I admit that it is not the same; for it + is very much worse. It is decidedly fiercer and more unreasonable than it + was eleven years ago. I judge by its public meetings; I judge by its + journals; I judge by its pulpits, pulpits which every week resound with + ribaldry and slander such as would disgrace the hustings. A change has + come over the spirit of a part, I hope not the larger part, of the Tory + body. It was once the glory of the Tories that, through all changes of + fortune, they were animated by a steady and fervent loyalty which made + even error respectable, and gave to what might otherwise have been called + servility something of the manliness and nobleness of freedom. A great + Tory poet, whose eminent services to the cause of monarchy had been ill + requited by an ungrateful Court, boasted that + </p> +<pre xml:space="preserve"> + "Loyalty is still the same, + Whether it win or lose the game; + True as the dial to the sun, + Although it be not shined upon." +</pre> + <p> + Toryism has now changed its character. We have lived to see a monster of a + faction made up of the worst parts of the Cavalier and the worst parts of + the Roundhead. We have lived to see a race of disloyal Tories. We have + lived to see Tories giving themselves the airs of those insolent pikemen + who puffed out their tobacco smoke in the face of Charles the First. We + have lived to see Tories who, because they are not allowed to grind the + people after the fashion of Strafford, turn round and revile the Sovereign + in the style of Hugh Peters. I say, therefore, that, while the leader is + still what he was eleven years ago, when his moderation alienated his + intemperate followers, his followers are more intemperate than ever. It is + my firm belief that the majority of them desire the repeal of the + Emancipation Act. You say, no. But I will give reasons, and unanswerable + reasons, for what I say. How, if you really wish to maintain the + Emancipation Act, do you explain that clamour which you have raised, and + which has resounded through the whole kingdom, about the three Popish + Privy Councillors? You resent, as a calumny, the imputation that you wish + to repeal the Emancipation Act; and yet you cry out that Church and State + are in danger of ruin whenever the Government carries that Act into + effect. If the Emancipation Act is never to be executed, why should it not + be repealed? I perfectly understand that an honest man may wish it to be + repealed. But I am at a loss to understand how honest men can say, "We + wish the Emancipation Act to be maintained: you who accuse us of wishing + to repeal it slander us foully: we value it as much as you do. Let it + remain among our statutes, provided always that it remains as a dead + letter. If you dare to put it in force, indeed, we will agitate against + you; for, though we talk against agitation, we too can practice agitation: + we will denounce you in our associations; for, though we call associations + unconstitutional, we too have our associations: our divines shall preach + about Jezebel: our tavern spouters shall give significant hints about + James the Second." Yes, Sir, such hints have been given, hints that a + sovereign who has merely executed the law, ought to be treated like a + sovereign who grossly violated the law. I perfectly understand, as I said, + that an honest man may disapprove of the Emancipation Act, and may wish it + repealed. But can any man, who is of opinion that Roman Catholics ought to + be admitted to office, honestly maintain that they now enjoy more than + their fair share of power and emolument? What is the proportion of Roman + Catholics to the whole population of the United Kingdom? About one-fourth. + What proportion of the Privy Councillors are Roman Catholics? About + one-seventieth. And what, after all, is the power of a Privy Councillor, + merely as such? Are not the right honourable gentlemen opposite Privy + Councillors? If a change should take place, will not the present Ministers + still be Privy Councillors? It is notorious that no Privy Councillor goes + to Council unless he is specially summoned. He is called Right Honourable, + and he walks out of a room before Esquires and Knights. And can we + seriously believe that men who think it monstrous that this honorary + distinction should be given to three Roman Catholics, do sincerely desire + to maintain a law by which a Roman Catholic may be Commander in Chief with + all the military patronage, First Lord of the Admiralty with all the naval + patronage, or First Lord of the Treasury, with the chief influence in + every department of the Government. I must therefore suppose that those + who join in the cry against the three Privy Councillors, are either + imbecile or hostile to the Emancipation Act. + </p> + <p> + I repeat, therefore, that, while the right honourable Baronet is as free + from bigotry as he was eleven years ago, his party is more bigoted than it + was eleven years ago. The difficulty of governing Ireland in opposition to + the feelings of the great body of the Irish people is, I apprehend, as + great now as it was eleven years ago. What then must be the fate of a + government formed by the right honourable Baronet? Suppose that the event + of this debate should make him Prime Minister? Should I be wrong if I were + to prophesy that three years hence he will be more hated and vilified by + the Tory party than the present advisers of the Crown have been? Should I + be wrong if I were to say that all those literary organs which now deafen + us with praise of him, will then deafen us with abuse of him? Should I be + wrong if I were to say that he will be burned in effigy by those who now + drink his health with three times three and one cheer more? Should I be + wrong if I were to say that those very gentlemen who have crowded hither + to-night in order to vote him into power, will crowd hither to vote Lord + Melbourne back? Once already have I seen those very persons go out into + the lobby for the purpose of driving the right honourable Baronet from the + high situation to which they had themselves exalted him. I went out with + them myself; yes, with the whole body of the Tory country gentlemen, with + the whole body of high Churchmen. All the four University Members were + with us. The effect of that division was to bring Lord Grey, Lord + Althorpe, Lord Brougham, Lord Durham into power. You may say that the + Tories on that occasion judged ill, that they were blinded by vindictive + passion, that if they had foreseen all that followed they might have acted + differently. Perhaps so. But what has been once may be again. I cannot + think it possible that those who are now supporting the right honourable + Baronet will continue from personal attachment to support him if they see + that his policy is in essentials the same as Lord Melbourne's. I believe + that they have quite as much personal attachment to Lord Melbourne as to + the right honourable Baronet. They follow the right honourable Baronet + because his abilities, his eloquence, his experience are necessary to + them; but they are but half reconciled to him. They never can forget that, + in the most important crisis of his public life, he deliberately chose + rather to be the victim of their injustice than its instrument. It is idle + to suppose that they will be satisfied by seeing a new set of men in + power. Their maxim is most truly "Measures, not men." They care not before + whom the sword of state is borne at Dublin, or who wears the badge of St + Patrick. What they abhor is not Lord Normanby personally or Lord Ebrington + personally, but the great principles in conformity with which Ireland has + been governed by Lord Normanby and by Lord Ebrington, the principles of + justice, humanity, and religious freedom. What they wish to have in + Ireland is not my Lord Haddington, or any other viceroy whom the right + honourable Baronet may select, but the tyranny of race over race, and of + creed over creed. Give them what they want; and you convulse the empire. + Refuse them; and you dissolve the Tory party. I believe that the right + honourable Baronet himself is by no means without apprehensions that, if + he were now called to the head of affairs, he would, very speedily, have + the dilemma of 1829 again before him. He certainly was not without such + apprehensions when, a few months ago, he was commanded by Her Majesty to + submit to her the plan of an administration. The aspect of public affairs + was not at that time cheering. The Chartists were stirring in England. + There were troubles in Canada. There were great discontents in the West + Indies. An expedition, of which the event was still doubtful, had been + sent into the heart of Asia. Yet, among many causes of anxiety, the + discerning eye of the right honourable Baronet easily discerned the + quarter where the great and immediate danger lay. He told the House that + his difficulty would be Ireland. Now, Sir, that which would be the + difficulty of his administration is the strength of the present + administration. Her Majesty's Ministers enjoy the confidence of Ireland; + and I believe that what ought to be done for that country will excite less + discontent here if done by them than if done by him. He, I am afraid, + great as his abilities are, and good as I willingly admit his intentions + to be, would find it easy to lose the confidence of his partisans, but + hard indeed to win the confidence of the Irish people. + </p> + <p> + It is indeed principally on account of Ireland that I feel solicitous + about the issue of the present debate. I well know how little chance he + who speaks on that theme has of obtaining a fair hearing. Would to God + that I were addressing an audience which would judge this great + controversy as it is judged by foreign nations, and as it will be judged + by future ages. The passions which inflame us, the sophisms which delude + us, will not last for ever. The paroxysms of faction have their appointed + season. Even the madness of fanaticism is but for a day. The time is + coming when our conflicts will be to others what the conflicts of our + forefathers are to us; when the preachers who now disturb the State, and + the politicians who now make a stalking horse of the Church, will be no + more than Sacheverel and Harley. Then will be told, in language very + different from that which now calls forth applause from the mob of Exeter + Hall, the true story of these troubled years. + </p> + <p> + There was, it will then be said, a part of the kingdom of Queen Victoria + which presented a lamentable contrast to the rest; not from the want of + natural fruitfulness, for there was no richer soil in Europe; not from + want of facilities for trade, for the coasts of this unhappy region were + indented by bays and estuaries capable of holding all the navies of the + world; not because the people were too dull to improve these advantages or + too pusillanimous to defend them; for in natural quickness of wit and + gallantry of spirit they ranked high among the nations. But all the bounty + of nature had been made unavailing by the crimes and errors of man. In the + twelfth century that fair island was a conquered province. The nineteenth + century found it a conquered province still. During that long interval + many great changes had taken place which had conduced to the general + welfare of the empire: but those changes had only aggravated the misery of + Ireland. The Reformation came, bringing to England and Scotland divine + truth and intellectual liberty. To Ireland it brought only fresh + calamities. Two new war cries, Protestant and Catholic, animated the old + feud between the Englishry and the Irishry. The Revolution came, bringing + to England and Scotland civil and spiritual freedom, to Ireland + subjugation, degradation, persecution. The Union came: but though it + joined legislatures, it left hearts as widely disjoined as ever. Catholic + Emancipation came: but it came too late; it came as a concession made to + fear, and, having excited unreasonable hopes, was naturally followed by + unreasonable disappointment. Then came violent irritation, and numerous + errors on both sides. Agitation produced coercion, and coercion produced + fresh agitation. Difficulties and dangers went on increasing, till a + government arose which, all other means having failed, determined to + employ the only means that had not yet been fairly tried, justice and + mercy. The State, long the stepmother of the many, and the mother only of + the few, became for the first time the common parent of all the great + family. The body of the people began to look on their rulers as friends. + Battalion after battalion, squadron after squadron was withdrawn from + districts which, as it had till then been thought, could be governed by + the sword alone. Yet the security of property and the authority of law + became every day more complete. Symptoms of amendment, symptoms such as + cannot be either concealed or counterfeited, began to appear; and those + who once despaired of the destinies of Ireland began to entertain a + confident hope that she would at length take among European nations that + high place to which her natural resources and the intelligence of her + children entitle her to aspire. + </p> + <p> + In words such as these, I am confident, will the next generation speak of + the events in our time. Relying on the sure justice of history and + posterity, I care not, as far as I am personally concerned, whether we + stand or fall. That issue it is for the House to decide. Whether the + result will be victory or defeat, I know not. But I know that there are + defeats not less glorious than any victory; and yet I have shared in some + glorious victories. Those were proud and happy days;—some who sit on + the benches opposite can well remember, and must, I think, regret them;—those + were proud and happy days when, amidst the applauses and blessings of + millions, my noble friend led us on in the great struggle for the Reform + Bill; when hundreds waited round our doors till sunrise to hear how we had + sped; when the great cities of the north poured forth their population on + the highways to meet the mails which brought from the capital the tidings + whether the battle of the people had been lost or won. Such days my noble + friend cannot hope to see again. Two such triumphs would be too much for + one life. But perhaps there still awaits him a less pleasing, a less + exhilarating, but a not less honourable task, the task of contending + against superior numbers, and through years of discomfiture, for those + civil and religious liberties which are inseparably associated with the + name of his illustrious house. At his side will not be wanting men who + against all odds, and through all turns of fortune, in evil days and + amidst evil tongues, will defend to the last, with unabated spirit, the + noble principles of Milton and of Locke. We may be driven from office. We + may be doomed to a life of opposition. We may be made marks for the + rancour of sects which, hating each other with a deadly hatred, yet hate + toleration still more. We may be exposed to the rage of Laud on one side, + and of Praise-God-Barebones on the other. But justice will be done at + last: and a portion of the praise which we bestow on the old champions and + martyrs of freedom will not be refused by future generations to the men + who have in our days endeavoured to bind together in real union races too + long estranged, and to efface, by the mild influence of a parental + government, the fearful traces which have been left by the misrule of + ages. + </p> + <hr /> + <p> + <a name="link2H_4_0017" id="link2H_4_0017"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + WAR WITH CHINA. (APRIL 7, 1840) A SPEECH DELIVERED IN THE HOUSE OF COMMONS + ON THE 7TH OF APRIL, 1840. + </h2> + <p> + On the seventh of April, 1840, Sir James Graham moved the following + resolution: + </p> + <p> + "That it appears to this House, on consideration of the papers relating to + China presented to this House by command of Her Majesty, that the + interruption in our commercial and friendly intercourse with that country, + and the hostilities which have since taken place, are mainly to be + attributed to the want of foresight and precaution on the part of Her + Majesty's present advisers, in respect to our relations with China, and + especially to their neglect to furnish the Superintendent at Canton with + powers and instructions calculated to provide against the growing evils + connected with the contraband trade in opium, and adapted to the novel and + difficult situation in which the Superintendent was placed." + </p> + <p> + As soon as the question had been put from the Chair the following Speech + was made. + </p> + <p> + The motion was rejected, after a debate of three nights, by 271 votes to + 261. + </p> + <p> + Mr Speaker,—If the right honourable Baronet, in rising to make an + attack on the Government, was forced to own that he was unnerved and + overpowered by his sense of the importance of the question with which he + had to deal, one who rises to repel that attack may, without any shame, + confess that he feels similar emotions. And yet I must say that the + anxiety, the natural and becoming anxiety, with which Her Majesty's + Ministers have awaited the judgment of the House on these papers, was not + a little allayed by the terms of the right honourable Baronet's motion, + and has been still more allayed by his speech. It was impossible for us to + doubt either his inclination or his ability to detect and to expose any + fault which we might have committed, and we may well congratulate + ourselves on finding that, after the closest examination into a long + series of transactions, so extensive, so complicated, and, in some + respects, so disastrous, so keen an assailant could produce only so futile + an accusation. + </p> + <p> + In the first place, Sir, the resolution which the right honourable Baronet + has moved relates entirely to events which took place before the rupture + with the Chinese Government. That rupture took place in March, 1839. The + right honourable Baronet therefore does not propose to pass any censure on + any step which has been taken by the Government within the last thirteen + months; and it will, I think, be generally admitted, that when he abstains + from censuring the proceedings of the Government, it is because the most + unfriendly scrutiny can find nothing in those proceedings to censure. We + by no means deny that he has a perfect right to propose a vote expressing + disapprobation of what was done in 1837 or 1838. At the same time, we + cannot but be gratified by learning that he approves of our present + policy, and of the measures which we have taken, since the rupture, for + the vindication of the national honour and for the protection of the + national interests. + </p> + <p> + It is also to be observed that the right honourable Baronet has not + ventured, either in his motion or in his speech, to charge Her Majesty's + Ministers with any unwise or unjust act, with any act tending to lower the + character of England, or to give cause of offence to China. The only sins + which he imputes to them are sins of omission. His complaint is merely + that they did not foresee the course which events would take at Canton, + and that consequently they did not send sufficient instructions to the + British resident who was stationed there. Now it is evident that such an + accusation is of all accusations that which requires the fullest and most + distinct proof; for it is of all accusations that which it is easiest to + make and hardest to refute. A man charged with a culpable act which he has + not committed has comparatively little difficulty in proving his + innocence. But when the charge is merely this, that he has not, in a long + and intricate series of transactions, done all that it would have been + wise to do, how is he to vindicate himself? And the case which we are + considering has this peculiarity, that the envoy to whom the Ministers are + said to have left too large a discretion was fifteen thousand miles from + them. The charge against them therefore is this, that they did not give + such copious and particular directions as were sufficient, in every + possible emergency, for the guidance of a functionary, who was fifteen + thousand miles off. Now, Sir, I am ready to admit that, if the papers on + our table related to important negotiations with a neighbouring state, if + they related, for example, to a negotiation carried on with France, my + noble friend the Secretary for Foreign Affairs (Lord Palmerston.) might + well have been blamed for sending instructions so meagre and so vague to + our ambassador at Paris. For my noble friend knows to-night what passed + between our ambassador at Paris and the French Ministers yesterday; and a + messenger despatched to-night from Downing Street will be at the Embassy + in the Faubourg Saint Honore the day after to-morrow. But that constant + and minute control, which the Foreign Secretary is bound to exercise over + diplomatic agents who are near, becomes an useless and pernicious meddling + when exercised over agents who are separated from him by a voyage of five + months. There are on both sides of the House gentlemen conversant with the + affairs of India. I appeal to those gentlemen. India is nearer to us than + China. India is far better known to us than China. Yet is it not + universally acknowledged that India can be governed only in India? The + authorities at home point out to a governor the general line of policy + which they wish him to follow; but they do not send him directions as to + the details of his administration. How indeed is it possible that they + should send him such directions? Consider in what a state the affairs of + this country would be if they were to be conducted according to directions + framed by the ablest statesman residing in Bengal. A despatch goes hence + asking for instructions while London is illuminating for the peace of + Amiens. The instructions arrive when the French army is encamped at + Boulogne, and when the whole island is up in arms to repel invasion. A + despatch is written asking for instructions when Bonaparte is at Elba. The + instructions come when he is at the Tuilleries. A despatch is written + asking for instructions when he is at the Tuilleries. The instructions + come when he is at St Helena. It would be just as impossible to govern + India in London as to govern England at Calcutta. While letters are + preparing here on the supposition that there is profound peace in the + Carnatic, Hyder is at the gates of Fort St George. While letters are + preparing here on the supposition that trade is flourishing and that the + revenue exceeds the expenditure, the crops have failed, great agency + houses have broken, and the government is negotiating a loan on hard + terms. It is notorious that the great men who founded and preserved our + Indian empire, Clive and Warren Hastings, treated all particular orders + which they received from home as mere waste paper. Had not those great men + had the sense and spirit so to treat such orders, we should not now have + had an Indian empire. But the case of China is far stronger. For, though a + person who is now writing a despatch to Fort William in Leadenhall Street + or Cannon Row, cannot know what events have happened in India within the + last two months, he may be very intimately acquainted with the general + state of that country, with its wants, with its resources, with the habits + and temper of the native population, and with the character of every + prince and minister from Nepaul to Tanjore. But what does anybody here + know of China? Even those Europeans who have been in that empire are + almost as ignorant of it as the rest of us. Everything is covered by a + veil, through which a glimpse of what is within may occasionally be + caught, a glimpse just sufficient to set the imagination at work, and more + likely to mislead than to inform. The right honourable Baronet has told us + that an Englishman at Canton sees about as much of China as a foreigner + who should land at Wapping and proceed no further would see of England. + Certainly the sights and sounds of Wapping would give a foreigner but a + very imperfect notion of our Government, of our manufactures, of our + agriculture, of the state of learning and the arts among us. And yet the + illustration is but a faint one. For a foreigner may, without seeing even + Wapping, without visiting England at all, study our literature, and may + thence form a vivid and correct idea of our institutions and manners. But + the literature of China affords us no such help. Obstacles unparalleled in + any other country which has books must be surmounted by the student who is + determined to master the Chinese tongue. To learn to read is the business + of half a life. It is easier to become such a linguist as Sir William + Jones was than to become a good Chinese scholar. You may count upon your + fingers the Europeans whose industry and genius, even when stimulated by + the most fervent religious zeal, has triumphed over the difficulties of a + language without an alphabet. Here then is a country separated from us + physically by half the globe, separated from us still more effectually by + the barriers which the most jealous of all governments and the hardest of + all languages oppose to the researches of strangers. Is it then reasonable + to blame my noble friend because he has not sent to our envoys in such a + country as this instructions as full and precise as it would have been his + duty to send to a minister at Brussels or at the Hague? The right + honourable Baronet who comes forward as the accuser on this occasion is + really accusing himself. He was a member of the Government of Lord Grey. + He was himself concerned in framing the first instructions which were + given by my noble friend to our first Superintendent at Canton. For those + instructions the right honourable Baronet frankly admits that he is + himself responsible. Are those instructions then very copious and minute? + Not at all. They merely lay down general principles. The Resident, for + example, is enjoined to respect national usages, and to avoid whatever may + shock the prejudices of the Chinese; but no orders are given him as to + matters of detail. In 1834 my noble friend quitted the Foreign Office, and + the Duke of Wellington went to it. Did the Duke of Wellington send out + those copious and exact directions with which, according to the right + honourable Baronet, the Government is bound to furnish its agent in China? + No, Sir; the Duke of Wellington, grown old in the conduct of great + affairs, knows better than anybody that a man of very ordinary ability at + Canton is likely to be a better judge of what ought to be done on an + emergency arising at Canton than the greatest politician at Westminster + can possibly be. His Grace, therefore, like a wise man as he is, wrote + only one letter to the Superintendent, and in that letter merely referred + the Superintendent to the general directions given by Lord Palmerston. And + how, Sir, does the right honourable Baronet prove that, by persisting in + the course which he himself took when in office, and which the Duke of + Wellington took when in office, Her Majesty's present advisers have + brought on that rupture which we all deplore? He has read us, from the + voluminous papers which are on the table, much which has but a very remote + connection with the question. He has said much about things which happened + before the present Ministry existed, and much about things which have + happened at Canton since the rupture; but very little that is relevant to + the issue raised by the resolution which he has himself proposed. That + issue is simply this, whether the mismanagement of the present Ministry + produced the rupture. I listened to his long and able speech with the + greatest attention, and did my best to separate that part which had any + relation to his motion from a great mass of extraneous matter. If my + analysis be correct, the charge which he brings against the Government + consists of four articles. + </p> + <p> + The first article is, that the Government omitted to alter that part of + the original instructions which directed the Superintendent to reside at + Canton. + </p> + <p> + The second article is, that the Government omitted to alter that part of + the original instructions which directed the Superintendent to communicate + directly with the representatives of the Emperor. + </p> + <p> + The third article is, that the Government omitted to follow the advice of + the Duke of Wellington, who had left at the Foreign Office a memorandum + recommending that a British ship of war should be stationed in the China + sea. + </p> + <p> + The fourth article is, that the Government omitted to authorise and + empower the Superintendent to put down the contraband trade carried on by + British subjects with China. + </p> + <p> + Such, Sir, are the counts of this indictment. Of these counts, the fourth + is the only one which will require a lengthened defence. The first three + may be disposed of in very few words. + </p> + <p> + As to the first, the answer is simple. It is true that the Government did + not revoke that part of the instructions which directed the Superintendent + to reside at Canton; and it is true that this part of the instructions did + at one time cause a dispute between the Superintendent and the Chinese + authorities. But it is equally true that this dispute was accommodated + early in 1837; that the Chinese Government furnished the Superintendent + with a passport authorising him to reside at Canton; that, during the two + years which preceded the rupture, the Chinese Government made no objection + to his residing at Canton; and that there is not in all this huge blue + book one word indicating that the rupture was caused, directly or + indirectly, by his residing at Canton. On the first count, therefore, I am + confident that the verdict must be, Not Guilty. + </p> + <p> + To the second count we have a similar answer. It is true that there was a + dispute with the authorities of Canton about the mode of communication. + But it is equally true that this dispute was settled by a compromise. The + Chinese made a concession as to the channel of communication. The + Superintendent made a concession as to the form of communication. The + question had been thus set at rest before the rupture, and had absolutely + nothing to do with the rupture. + </p> + <p> + As to the third charge, I must tell the right honourable Baronet that he + has altogether misapprehended that memorandum which he so confidently + cites. The Duke of Wellington did not advise the Government to station a + ship of war constantly in the China seas. The Duke, writing in 1835, at a + time when the regular course of the trade had been interrupted, + recommended that a ship of war should be stationed near Canton, "till the + trade should take its regular peaceable course." Those are His Grace's own + words. Do they not imply that, when the trade had again taken its regular + peaceable course, it might be right to remove the ship of war? Well, Sir, + the trade, after that memorandum was written, did resume its regular + peaceable course: that the right honourable Baronet himself will admit; + for it is part of his own case that Sir George Robinson had succeeded in + restoring quiet and security. The third charge then is simply this, that + the Ministers did not do in a time of perfect tranquillity what the Duke + of Wellington thought that it would have been right to do in a time of + trouble. + </p> + <p> + And now, Sir, I come to the fourth charge, the only real charge; for the + other three are so futile that I hardly understand how the right + honourable Baronet should have ventured to bring them forward. The fourth + charge is, that the Ministers omitted to send to the Superintendent orders + and powers to suppress the contraband trade, and that this omission was + the cause of the rupture. + </p> + <p> + Now, Sir, let me ask whether it was not notorious, when the right + honourable Baronet was in office, that British subjects carried on an + extensive contraband trade with China? Did the right honourable Baronet + and his colleagues instruct the Superintendent to put down that trade? + Never. That trade went on while the Duke of Wellington was at the Foreign + Office. Did the Duke of Wellington instruct the Superintendent to put down + that trade? No, Sir, never. Are then the followers of the right honourable + Baronet, are the followers of the Duke of Wellington, prepared to pass a + vote of censure on us for following the example of the right honourable + Baronet and of the Duke of Wellington? But I am understating my case. + Since the present Ministers came into office, the reasons against sending + out such instructions were much stronger than when the right honourable + Baronet was in office, or when the Duke of Wellington was in office. Down + to the month of May 1838, my noble friend had good grounds for believing + that the Chinese Government was about to legalise the trade in opium. It + is by no means easy to follow the windings of Chinese politics. But, it is + certain that about four years ago the whole question was taken into + serious consideration at Pekin. The attention of the Emperor was called to + the undoubted fact, that the law which forbade the trade in opium was a + dead letter. That law had been intended to guard against two evils, which + the Chinese legislators seem to have regarded with equal horror, the + importation of a noxious drug, and the exportation of the precious metals. + It was found, however, that as many pounds of opium came in, and that as + many pounds of silver went out, as if there had been no such law. The only + effect of the prohibition was that the people learned to think lightly of + imperial edicts, and that no part of the great sums expended in the + purchase of the forbidden luxury came into the imperial treasury. These + considerations were set forth in a most luminous and judicious state + paper, drawn by Tang Tzee, President of the Sacrificial Offices. I am + sorry to hear that this enlightened Minister has been turned out of office + on account of his liberality: for to be turned out of office is, I + apprehend, a much more serious misfortune in China than in England. Tang + Tzee argued that it was unwise to attempt to exclude opium, for that, + while millions desired to have it, no law would keep it out, and that the + manner in which it had long been brought in had produced an injurious + effect both on the revenues of the state and on the morals of the people. + Opposed to Tang Tzee was Tchu Sing, a statesman of a very different class, + of a class which, I am sorry to say, is not confined to China. Tchu Sing + appears to be one of those staunch conservatives who, when they find that + a law is inefficient because it is too severe, imagine that they can make + it efficient by making it more severe still. His historical knowledge is + much on a par with his legislative wisdom. He seems to have paid + particular attention to the rise and progress of our Indian Empire, and he + informs his imperial master that opium is the weapon by which England + effects her conquests. She had, it seems, persuaded the people of + Hindostan to smoke and swallow this besotting drug, till they became so + feeble in body and mind, that they were subjugated without difficulty. + Some time appears to have elapsed before the Emperor made up his mind on + the point in dispute between Tang Tzee and Tchu Sing. Our Superintendent, + Captain Elliot, was of opinion that the decision would be in favour of the + rational view taken by Tang Tzee; and such, as I can myself attest, was, + during part of the year 1837, the opinion of the whole mercantile + community of Calcutta. Indeed, it was expected that every ship which + arrived in the Hoogley from Canton would bring the news that the opium + trade had been declared legal. Nor was it known in London till May 1838, + that the arguments of Tchu Sing had prevailed. Surely, Sir, it would have + been most absurd to order Captain Elliot to suppress this trade at a time + when everybody expected that it would soon cease to be contraband. The + right honourable Baronet must, I think, himself admit that, till the month + of May 1838, the Government here omitted nothing that ought to have been + done. + </p> + <p> + The question before us is therefore reduced to very narrow limits. It is + merely this: Ought my noble friend, in May 1838, to have sent out a + despatch commanding and empowering Captain Elliot to put down the opium + trade? I do not think that it would have been right or wise to send out + such a despatch. Consider, Sir, with what powers it would have been + necessary to arm the Superintendent. He must have been authorised to + arrest, to confine, to send across the sea any British subject whom he + might believe to have been concerned in introducing opium into China. I do + not deny that, under the Act of Parliament, the Government might have + invested him with this dictatorship. But I do say that the Government + ought not lightly to invest any man with such a dictatorship, and, that + if, in consequence of directions sent out by the Government, numerous + subjects of Her Majesty had been taken into custody and shipped off to + Bengal or to England without being permitted to wind up their affairs, + this House would in all probability have called the Ministers to a strict + account. Nor do I believe that by sending such directions the Government + would have averted the rupture which has taken place. I will go further. I + believe that, if such directions had been sent, we should now have been, + as we are, at war with China; and that we should have been at war in + circumstances singularly dishonourable and disastrous. + </p> + <p> + For, Sir, suppose that the Superintendent had been authorised and + commanded by the Government to put forth an order prohibiting British + subjects from trading in opium; suppose that he had put forth such an + order; how was he to enforce it? The right honourable Baronet has had too + much experience of public affairs to imagine that a lucrative trade will + be suppressed by a sheet of paper and a seal. In England we have a + preventive service which costs us half a million a year. We employ more + than fifty cruisers to guard our coasts. We have six thousand effective + men whose business is to intercept smugglers. And yet everybody knows that + every article which is much desired, which is easily concealed, and which + is heavily taxed, is smuggled into our island to a great extent. The + quantity of brandy which comes in without paying duty is known to be not + less than six hundred thousand gallons a year. Some people think that the + quantity of tobacco which is imported clandestinely is as great as the + quantity which goes through the custom-houses. Be this as it may, there is + no doubt that the illicit importation is enormous. It has been proved + before a Committee of this House that not less than four millions of + pounds of tobacco have lately been smuggled into Ireland. And all this, + observe, has been done in spite of the most efficient preventive service + that I believe ever existed in the world. Consider too that the price of + an ounce of opium is far, very far higher than the price of a pound of + tobacco. Knowing this, knowing that the whole power of King, Lords, and + Commons cannot here put a stop to a traffic less easy, and less profitable + than the traffic in opium, can you believe that an order prohibiting the + traffic in opium would have been readily obeyed? Remember by what powerful + motives both the buyer and the seller would have been impelled to deal + with each other. The buyer would have been driven to the seller by + something little short of torture, by a physical craving as fierce and + impatient as any to which our race is subject. For, when stimulants of + this sort have been long used, they are desired with a rage which + resembles the rage of hunger. The seller would have been driven to the + buyer by the hope of vast and rapid gain. And do you imagine that the + intense appetite on one side for what had become a necessary of life, and + on the other for riches, would have been appeased by a few lines signed + Charles Elliot? The very utmost effect which it is possible to believe + that such an order would have produced would have been this, that the + opium trade would have left Canton, where the dealers were under the eye + of the Superintendent, and where they would have run some risk of being + punished by him, and would have spread itself along the coast. If we know + anything about the Chinese Government, we know this, that its coastguard + is neither trusty nor efficient; and we know that a coastguard as trusty + and efficient as our own would not be able to cut off communication + between the merchant longing for silver and the smoker longing for his + pipe. Whole fleets of vessels would have managed to land their cargoes + along the shore. Conflicts would have arisen between our countrymen and + the local magistrates, who would not, like the authorities of Canton, have + had some knowledge of European habits and feelings. The mere malum + prohibitum would, as usual, have produced the mala in se. The unlawful + traffic would inevitably have led to a crowd of acts, not only unlawful, + but immoral. The smuggler would, by the almost irresistible force of + circumstances, have been turned into a pirate. We know that, even at + Canton, where the smugglers stand in some awe of the authority of the + Superintendent and of the opinion of an English society which contains + many respectable persons, the illicit trade has caused many brawls and + outrages. What, then, was to be expected when every captain of a ship + laden with opium would have been the sole judge of his own conduct? It is + easy to guess what would have happened. A boat is sent ashore to fill the + water-casks and to buy fresh provisions. The provisions are refused. The + sailors take them by force. Then a well is poisoned. Two or three of the + ship's company die in agonies. The crew in a fury land, shoot and stab + every man whom they meet, and sack and burn a village. Is this improbable? + Have not similar causes repeatedly produced similar effects? Do we not + know that the jealous vigilance with which Spain excluded the ships of + other nations from her Transatlantic possessions turned men who would + otherwise have been honest merchant adventurers into buccaneers? The same + causes which raised up one race of buccaneers in the Gulf of Mexico would + soon have raised up another in the China Sea. And can we doubt what would + in that case have been the conduct of the Chinese authorities at Canton? + We see that Commissioner Lin has arrested and confined men of spotless + character, men whom he had not the slightest reason to suspect of being + engaged in any illicit commerce. He did so on the ground that some of + their countrymen had violated the revenue laws of China. How then would he + have acted if he had learned that the red-headed devils had not merely + been selling opium, but had been fighting, plundering, slaying, burning? + Would he not have put forth a proclamation in his most vituperative style, + setting forth that the Outside Barbarians had undertaken to stop the + contraband trade, but that they had been found deceivers, that the + Superintendent's edict was a mere pretence, that there was more smuggling + than ever, that to the smuggling had been added robbery and murder, and + that therefore he should detain all men of the guilty race as hostages + till reparation should be made? I say, therefore, that, if the Ministers + had done that which the right honourable Baronet blames them for not + doing, we should only have reached by a worse way the point at which we + now are. + </p> + <p> + I have now, Sir, gone through the four heads of the charge brought against + the Government; and I say with confidence that the interruption of our + friendly relations with China cannot justly be imputed to any one of the + omissions mentioned by the right honourable Baronet. In truth, if I could + feel assured that no gentleman would vote for the motion without + attentively reading it, and considering whether the proposition which it + affirms has been made out, I should have no uneasiness as to the result of + this debate. But I know that no member weighs the words of a resolution + for which he is asked to vote, as he would weigh the words of an affidavit + which he was asked to swear. And I am aware that some persons, for whose + humanity and honesty I entertain the greatest respect, are inclined to + divide with the right honourable Baronet, not because they think that he + has proved his case, but because they have taken up a notion that we are + making war for the purpose of forcing the Government of China to admit + opium into that country, and that, therefore, we richly deserve to be + censured. Certainly, Sir, if we had been guilty of such absurdity and such + atrocity as those gentlemen impute to us, we should deserve not only + censure but condign punishment. But the imputation is altogether + unfounded. Our course was clear. We may doubt indeed whether the Emperor + of China judged well in listening to Tchu Sing and disgracing Tang Tzee. + We may doubt whether it be a wise policy to exclude altogether from any + country a drug which is often fatally abused, but which to those who use + it rightly is one of the most precious boons vouchsafed by Providence to + man, powerful to assuage pain, to soothe irritation, and to restore + health. We may doubt whether it be a wise policy to make laws for the + purpose of preventing the precious metals from being exported in the + natural course of trade. We have learned from all history, and from our + own experience, that revenue cutters, custom-house officers, informers, + will never keep out of any country foreign luxuries of small bulk for + which consumers are willing to pay high prices, and will never prevent + gold and silver from going abroad in exchange for such luxuries. We cannot + believe that what England with her skilfully organised fiscal system and + her gigantic marine, has never been able to effect, will be accomplished + by the junks which are at the command of the mandarins of China. But, + whatever our opinion on these points may be, we are perfectly aware that + they are points which it belongs not to us but to the Emperor of China to + decide. He had a perfect right to keep out opium and to keep in silver, if + he could do so by means consistent with morality and public law. If his + officers seized a chest of the forbidden drug, we were not entitled to + complain; nor did we complain. But when, finding that they could not + suppress the contraband trade by just means, they resorted to means + flagrantly unjust, when they imprisoned our innocent countrymen, when they + insulted our Sovereign in the person of her representative, then it became + our duty to demand satisfaction. Whether the opium trade be a pernicious + trade is not the question. Take a parallel case: take the most execrable + crime that ever was called a trade, the African slave trade. You will + hardly say that a contraband trade in opium is more immoral than a + contraband trade in negroes. We prohibited slave-trading: we made it + felony; we made it piracy; we invited foreign powers to join with us in + putting it down; to some foreign powers we paid large sums in order to + obtain their co-operation; we employed our naval force to intercept the + kidnappers; and yet it is notorious that, in spite of all our exertions + and sacrifices, great numbers of slaves were, even as late as ten or + twelve years ago, introduced from Madagascar into our own island of + Mauritius. Assuredly it was our right, it was our duty, to guard the + coasts of that island strictly, to stop slave ships, to bring the buyers + and sellers to punishment. But suppose, Sir, that a ship under French + colours was seen skulking near the island, that the Governor was fully + satisfied from her build, her rigging, and her movements, that she was a + slaver, and was only waiting for the night to put on shore the wretches + who were in her hold. Suppose that, not having a sufficient naval force to + seize this vessel, he were to arrest thirty or forty French merchants, + most of whom had never been suspected of slave-trading, and were to lock + them up. Suppose that he were to lay violent hands on the French consul. + Suppose that the Governor were to threaten to starve his prisoners to + death unless they produced the proprietor of the slaver. Would not the + French Government in such a case have a right to demand reparation? And, + if we refused reparation, would not the French Government have a right to + exact reparation by arms? And would it be enough for us to say, "This is a + wicked trade, an inhuman trade. Think of the misery of the poor creatures + who are torn from their homes. Think of the horrors of the middle passage. + Will you make war in order to force us to admit slaves into our colonies?" + Surely the answer of the French would be, "We are not making war in order + to force you to admit slaves into the Mauritius. By all means keep them + out. By all means punish every man, French or English, whom you can + convict of bringing them in. What we complain of is that you have + confounded the innocent with the guilty, and that you have acted towards + the representative of our government in a manner inconsistent with the law + of nations. Do not, in your zeal for one great principle, trample on all + the other great principles of morality." Just such are the grounds on + which Her Majesty has demanded reparation from China. And was it not time? + See, Sir, see how rapidly injury has followed injury. The Imperial + Commissioner, emboldened by the facility with which he had perpetrated the + first outrage, and utterly ignorant of the relative position of his + country and ours in the scale of power and civilisation, has risen in his + requisitions. He began by confiscating property. His next demand was for + innocent blood. A Chinese had been slain. Careful inquiry was made; but it + was impossible to ascertain who was the slayer, or even to what nation the + slayer belonged. No matter. It was notified to the Superintendent that + some subject of the Queen, innocent or guilty, must be delivered up to + suffer death. The Superintendent refused to comply. Then our countrymen at + Canton were seized. Those who were at Macao were driven thence: not men + alone, but women with child, babies at the breast. The fugitives begged in + vain for a morsel of bread. Our Lascars, people of a different colour from + ours, but still our fellow-subjects, were flung into the sea. An English + gentleman was barbarously mutilated. And was this to be borne? I am far + from thinking that we ought, in our dealings with such a people as the + Chinese, to be litigious on points of etiquette. The place of our country + among the nations of the world is not so mean or so ill ascertained that + we need resent mere impertinence, which is the effect of a very pitiable + ignorance. Conscious of superior power, we can bear to hear our Sovereign + described as a tributary of the Celestial Empire. Conscious of superior + knowledge we can bear to hear ourselves described as savages destitute of + every useful art. When our ambassadors were required to perform a + prostration, which in Europe would have been considered as degrading, we + were rather amused than irritated. It would have been unworthy of us to + have recourse to arms on account of an uncivil phrase, or of a dispute + about a ceremony. But this is not a question of phrases and ceremonies. + The liberties and lives of Englishmen are at stake: and it is fit that all + nations, civilised and uncivilised, should know that, wherever the + Englishman may wander, he is followed by the eye and guarded by the power + of England. + </p> + <p> + I was much touched, and so, I dare say, were many other gentlemen, by a + passage in one of Captain Elliot's despatches. I mean that passage in + which he describes his arrival at the factory in the moment of extreme + danger. As soon as he landed he was surrounded by his countrymen, all in + an agony of distress and despair. The first thing which he did was to + order the British flag to be brought from his boat and planted in the + balcony. The sight immediately revived the hearts of those who had a + minute before given themselves up for lost. It was natural that they + should look up with hope and confidence to that victorious flag. For it + reminded them that they belonged to a country unaccustomed to defeat, to + submission, or to shame; to a country which had exacted such reparation + for the wrongs of her children as had made the ears of all who heard of it + to tingle; to a country which had made the Dey of Algiers humble himself + to the dust before her insulted Consul; to a country which had avenged the + victims of the Black Hole on the Field of Plassey; to a country which had + not degenerated since the Great Protector vowed that he would make the + name of Englishman as much respected as ever had been the name of Roman + citizen. They knew that, surrounded as they were by enemies, and separated + by great oceans and continents from all help, not a hair of their heads + would be harmed with impunity. On this part of the subject I believe that + both the great contending parties in this House are agreed. I did not + detect in the speech of the right honourable Baronet,—and I listened + to that speech with the closest attention,—one word indicating that + he is less disposed than we to insist on full satisfaction for the great + wrong which has been done. I cannot believe that the House will pass a + vote of censure so grossly unjust as that which he has moved. But I + rejoice to think that, whether we are censured or not, the national honour + will still be safe. There may be a change of men; but, as respects China, + there will be no change of measures. I have done; and have only to express + my fervent hope that this most righteous quarrel may be prosecuted to a + speedy and triumphant close; that the brave men to whom is intrusted the + task of exacting reparation may perform their duty in such a manner as to + spread, throughout regions in which the English name is hardly known, the + fame not only of English skill and valour, but of English mercy and + moderation; and that the overruling care of that gracious Providence which + has so often brought good out of evil may make the war to which we have + been forced the means of establishing a durable peace, beneficial alike to + the victors and the vanquished. + </p> + <hr /> + <p> + <a name="link2H_4_0018" id="link2H_4_0018"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + COPYRIGHT. (FEBRUARY 5, 1841) A SPEECH DELIVERED IN THE HOUSE OF COMMONS + ON THE 5TH OF FEBRUARY 1841. + </h2> + <p> + On the twenty-ninth of January 1841, Mr Serjeant Talfourd obtained leave + to bring in a bill to amend the law of copyright. The object of this bill + was to extend the term of copyright in a book to sixty years, reckoned + from the death of the writer. + </p> + <p> + On the fifth of February Mr Serjeant Talfourd moved that the bill should + be read a second time. In reply to him the following Speech was made. The + bill was rejected by 45 votes to 38. + </p> + <p> + Though, Sir, it is in some sense agreeable to approach a subject with + which political animosities have nothing to do, I offer myself to your + notice with some reluctance. It is painful to me to take a course which + may possibly be misunderstood or misrepresented as unfriendly to the + interests of literature and literary men. It is painful to me, I will add, + to oppose my honourable and learned friend on a question which he has + taken up from the purest motives, and which he regards with a parental + interest. These feelings have hitherto kept me silent when the law of + copyright has been under discussion. But as I am, on full consideration, + satisfied that the measure before us will, if adopted, inflict grievous + injury on the public, without conferring any compensating advantage on men + of letters, I think it my duty to avow that opinion and to defend it. + </p> + <p> + The first thing to be done, Sir, is to settle on what principles the + question is to be argued. Are we free to legislate for the public good, or + are we not? Is this a question of expediency, or is it a question of + right? Many of those who have written and petitioned against the existing + state of things treat the question as one of right. The law of nature, + according to them, gives to every man a sacred and indefeasible property + in his own ideas, in the fruits of his own reason and imagination. The + legislature has indeed the power to take away this property, just as it + has the power to pass an act of attainder for cutting off an innocent + man's head without a trial. But, as such an act of attainder would be + legal murder, so would an act invading the right of an author to his copy + be, according to these gentlemen, legal robbery. + </p> + <p> + Now, Sir, if this be so, let justice be done, cost what it may. I am not + prepared, like my honourable and learned friend, to agree to a compromise + between right and expediency, and to commit an injustice for the public + convenience. But I must say, that his theory soars far beyond the reach of + my faculties. It is not necessary to go, on the present occasion, into a + metaphysical inquiry about the origin of the right of property; and + certainly nothing but the strongest necessity would lead me to discuss a + subject so likely to be distasteful to the House. I agree, I own, with + Paley in thinking that property is the creature of the law, and that the + law which creates property can be defended only on this ground, that it is + a law beneficial to mankind. But it is unnecessary to debate that point. + For, even if I believed in a natural right of property, independent of + utility and anterior to legislation, I should still deny that this right + could survive the original proprietor. Few, I apprehend, even of those who + have studied in the most mystical and sentimental schools of moral + philosophy, will be disposed to maintain that there is a natural law of + succession older and of higher authority than any human code. If there be, + it is quite certain that we have abuses to reform much more serious than + any connected with the question of copyright. For this natural law can be + only one; and the modes of succession in the Queen's dominions are twenty. + To go no further than England, land generally descends to the eldest son. + In Kent the sons share and share alike. In many districts the youngest + takes the whole. Formerly a portion of a man's personal property was + secured to his family; and it was only of the residue that he could + dispose by will. Now he can dispose of the whole by will: but you limited + his power, a few years ago, by enacting that the will should not be valid + unless there were two witnesses. If a man dies intestate, his personal + property generally goes according to the statute of distributions; but + there are local customs which modify that statute. Now which of all these + systems is conformed to the eternal standard of right? Is it + primogeniture, or gavelkind, or borough English? Are wills jure divino? + Are the two witnesses jure divino? Might not the pars rationabilis of our + old law have a fair claim to be regarded as of celestial institution? Was + the statute of distributions enacted in Heaven long before it was adopted + by Parliament? Or is it to Custom of York, or to Custom of London, that + this preeminence belongs? Surely, Sir, even those who hold that there is a + natural right of property must admit that rules prescribing the manner in + which the effects of deceased persons shall be distributed are purely + arbitrary, and originate altogether in the will of the legislature. If so, + Sir, there is no controversy between my honourable and learned friend and + myself as to the principles on which this question is to be argued. For + the existing law gives an author copyright during his natural life; nor do + I propose to invade that privilege, which I should, on the contrary, be + prepared to defend strenuously against any assailant. The only point in + issue between us is, how long after an author's death the State shall + recognise a copyright in his representatives and assigns; and it can, I + think, hardly be disputed by any rational man that this is a point which + the legislature is free to determine in the way which may appear to be + most conducive to the general good. + </p> + <p> + We may now, therefore, I think, descend from these high regions, where we + are in danger of being lost in the clouds, to firm ground and clear light. + Let us look at this question like legislators, and after fairly balancing + conveniences and inconveniences, pronounce between the existing law of + copyright, and the law now proposed to us. The question of copyright, Sir, + like most questions of civil prudence, is neither black nor white, but + grey. The system of copyright has great advantages and great + disadvantages; and it is our business to ascertain what these are, and + then to make an arrangement under which the advantages may be as far as + possible secured, and the disadvantages as far as possible excluded. The + charge which I bring against my honourable and learned friend's bill is + this, that it leaves the advantages nearly what they are at present, and + increases the disadvantages at least fourfold. + </p> + <p> + The advantages arising from a system of copyright are obvious. It is + desirable that we should have a supply of good books; we cannot have such + a supply unless men of letters are liberally remunerated; and the least + objectionable way of remunerating them is by means of copyright. You + cannot depend for literary instruction and amusement on the leisure of men + occupied in the pursuits of active life. Such men may occasionally produce + compositions of great merit. But you must not look to such men for works + which require deep meditation and long research. Works of that kind you + can expect only from persons who make literature the business of their + lives. Of these persons few will be found among the rich and the noble. + The rich and the noble are not impelled to intellectual exertion by + necessity. They may be impelled to intellectual exertion by the desire of + distinguishing themselves, or by the desire of benefiting the community. + But it is generally within these walls that they seek to signalise + themselves and to serve their fellow-creatures. Both their ambition and + their public spirit, in a country like this, naturally take a political + turn. It is then on men whose profession is literature, and whose private + means are not ample, that you must rely for a supply of valuable books. + Such men must be remunerated for their literary labour. And there are only + two ways in which they can be remunerated. One of those ways is patronage; + the other is copyright. + </p> + <p> + There have been times in which men of letters looked, not to the public, + but to the government, or to a few great men, for the reward of their + exertions. It was thus in the time of Maecenas and Pollio at Rome, of the + Medici at Florence, of Louis the Fourteenth in France, of Lord Halifax and + Lord Oxford in this country. Now, Sir, I well know that there are cases in + which it is fit and graceful, nay, in which it is a sacred duty to reward + the merits or to relieve the distresses of men of genius by the exercise + of this species of liberality. But these cases are exceptions. I can + conceive no system more fatal to the integrity and independence of + literary men than one under which they should be taught to look for their + daily bread to the favour of ministers and nobles. I can conceive no + system more certain to turn those minds which are formed by nature to be + the blessings and ornaments of our species into public scandals and pests. + </p> + <p> + We have, then, only one resource left. We must betake ourselves to + copyright, be the inconveniences of copyright what they may. Those + inconveniences, in truth, are neither few nor small. Copyright is + monopoly, and produces all the effects which the general voice of mankind + attributes to monopoly. My honourable and learned friend talks very + contemptuously of those who are led away by the theory that monopoly makes + things dear. That monopoly makes things dear is certainly a theory, as all + the great truths which have been established by the experience of all ages + and nations, and which are taken for granted in all reasonings, may be + said to be theories. It is a theory in the same sense in which it is a + theory that day and night follow each other, that lead is heavier than + water, that bread nourishes, that arsenic poisons, that alcohol + intoxicates. If, as my honourable and learned friend seems to think, the + whole world is in the wrong on this point, if the real effect of monopoly + is to make articles good and cheap, why does he stop short in his career + of change? Why does he limit the operation of so salutary a principle to + sixty years? Why does he consent to anything short of a perpetuity? He + told us that in consenting to anything short of a perpetuity he was making + a compromise between extreme right and expediency. But if his opinion + about monopoly be correct, extreme right and expediency would coincide. Or + rather, why should we not restore the monopoly of the East India trade to + the East India Company? Why should we not revive all those old monopolies + which, in Elizabeth's reign, galled our fathers so severely that, maddened + by intolerable wrong, they opposed to their sovereign a resistance before + which her haughty spirit quailed for the first and for the last time? Was + it the cheapness and excellence of commodities that then so violently + stirred the indignation of the English people? I believe, Sir, that I may + with safety take it for granted that the effect of monopoly generally is + to make articles scarce, to make them dear, and to make them bad. And I + may with equal safety challenge my honourable friend to find out any + distinction between copyright and other privileges of the same kind; any + reason why a monopoly of books should produce an effect directly the + reverse of that which was produced by the East India Company's monopoly of + tea, or by Lord Essex's monopoly of sweet wines. Thus, then, stands the + case. It is good that authors should be remunerated; and the least + exceptionable way of remunerating them is by a monopoly. Yet monopoly is + an evil. For the sake of the good we must submit to the evil; but the evil + ought not to last a day longer than is necessary for the purpose of + securing the good. + </p> + <p> + Now, I will not affirm that the existing law is perfect, that it exactly + hits the point at which the monopoly ought to cease; but this I + confidently say, that the existing law is very much nearer that point than + the law proposed by my honourable and learned friend. For consider this; + the evil effects of the monopoly are proportioned to the length of its + duration. But the good effects for the sake of which we bear with the evil + effects are by no means proportioned to the length of its duration. A + monopoly of sixty years produces twice as much evil as a monopoly of + thirty years, and thrice as much evil as a monopoly of twenty years. But + it is by no means the fact that a posthumous monopoly of sixty years gives + to an author thrice as much pleasure and thrice as strong a motive as a + posthumous monopoly of twenty years. On the contrary, the difference is so + small as to be hardly perceptible. We all know how faintly we are affected + by the prospect of very distant advantages, even when they are advantages + which we may reasonably hope that we shall ourselves enjoy. But an + advantage that is to be enjoyed more than half a century after we are + dead, by somebody, we know not by whom, perhaps by somebody unborn, by + somebody utterly unconnected with us, is really no motive at all to + action. It is very probable that in the course of some generations land in + the unexplored and unmapped heart of the Australasian continent will be + very valuable. But there is none of us who would lay down five pounds for + a whole province in the heart of the Australasian continent. We know, that + neither we, nor anybody for whom we care, will ever receive a farthing of + rent from such a province. And a man is very little moved by the thought + that in the year 2000 or 2100, somebody who claims through him will employ + more shepherds than Prince Esterhazy, and will have the finest house and + gallery of pictures at Victoria or Sydney. Now, this is the sort of boon + which my honourable and learned friend holds out to authors. Considered as + a boon to them, it is a mere nullity, but considered as an impost on the + public, it is no nullity, but a very serious and pernicious reality. I + will take an example. Dr Johnson died fifty-six years ago. If the law were + what my honourable and learned friend wishes to make it, somebody would + now have the monopoly of Dr Johnson's works. Who that somebody would be it + is impossible to say; but we may venture to guess. I guess, then, that it + would have been some bookseller, who was the assign of another bookseller, + who was the grandson of a third bookseller, who had bought the copyright + from Black Frank, the doctor's servant and residuary legatee, in 1785 or + 1786. Now, would the knowledge that this copyright would exist in 1841 + have been a source of gratification to Johnson? Would it have stimulated + his exertions? Would it have once drawn him out of his bed before noon? + Would it have once cheered him under a fit of the spleen? Would it have + induced him to give us one more allegory, one more life of a poet, one + more imitation of Juvenal? I firmly believe not. I firmly believe that a + hundred years ago, when he was writing our debates for the Gentleman's + Magazine, he would very much rather have had twopence to buy a plate of + shin of beef at a cook's shop underground. Considered as a reward to him, + the difference between a twenty years' and sixty years' term of posthumous + copyright would have been nothing or next to nothing. But is the + difference nothing to us? I can buy Rasselas for sixpence; I might have + had to give five shillings for it. I can buy the Dictionary, the entire + genuine Dictionary, for two guineas, perhaps for less; I might have had to + give five or six guineas for it. Do I grudge this to a man like Dr + Johnson? Not at all. Show me that the prospect of this boon roused him to + any vigorous effort, or sustained his spirits under depressing + circumstances, and I am quite willing to pay the price of such an object, + heavy as that price is. But what I do complain of is that my circumstances + are to be worse, and Johnson's none the better; that I am to give five + pounds for what to him was not worth a farthing. + </p> + <p> + The principle of copyright is this. It is a tax on readers for the purpose + of giving a bounty to writers. The tax is an exceedingly bad one; it is a + tax on one of the most innocent and most salutary of human pleasures; and + never let us forget, that a tax on innocent pleasures is a premium on + vicious pleasures. I admit, however, the necessity of giving a bounty to + genius and learning. In order to give such a bounty, I willingly submit + even to this severe and burdensome tax. Nay, I am ready to increase the + tax, if it can be shown that by so doing I should proportionally increase + the bounty. My complaint is, that my honourable and learned friend + doubles, triples, quadruples, the tax, and makes scarcely any perceptible + addition to the bounty. Why, Sir, what is the additional amount of + taxation which would have been levied on the public for Dr Johnson's works + alone, if my honourable and learned friend's bill had been the law of the + land? I have not data sufficient to form an opinion. But I am confident + that the taxation on his Dictionary alone would have amounted to many + thousands of pounds. In reckoning the whole additional sum which the + holders of his copyrights would have taken out of the pockets of the + public during the last half century at twenty thousand pounds, I feel + satisfied that I very greatly underrate it. Now, I again say that I think + it but fair that we should pay twenty thousand pounds in consideration of + twenty thousand pounds' worth of pleasure and encouragement received by Dr + Johnson. But I think it very hard that we should pay twenty thousand + pounds for what he would not have valued at five shillings. + </p> + <p> + My honourable and learned friend dwells on the claims of the posterity of + great writers. Undoubtedly, Sir, it would be very pleasing to see a + descendant of Shakespeare living in opulence on the fruits of his great + ancestor's genius. A house maintained in splendour by such a patrimony + would be a more interesting and striking object than Blenheim is to us, or + than Strathfieldsaye will be to our children. But, unhappily, it is + scarcely possible that, under any system, such a thing can come to pass. + My honourable and learned friend does not propose that copyright shall + descend to the eldest son, or shall be bound up by irrecoverable entail. + It is to be merely personal property. It is therefore highly improbable + that it will descend during sixty years or half that term from parent to + child. The chance is that more people than one will have an interest in + it. They will in all probability sell it and divide the proceeds. The + price which a bookseller will give for it will bear no proportion to the + sum which he will afterwards draw from the public, if his speculation + proves successful. He will give little, if anything, more for a term of + sixty years than for a term of thirty or five and twenty. The present + value of a distant advantage is always small; but when there is great room + to doubt whether a distant advantage will be any advantage at all, the + present value sink to almost nothing. Such is the inconstancy of the + public taste that no sensible man will venture to pronounce, with + confidence, what the sale of any book published in our days will be in the + years between 1890 and 1900. The whole fashion of thinking and writing has + often undergone a change in a much shorter period than that to which my + honourable and learned friend would extend posthumous copyright. What + would have been considered the best literary property in the earlier part + of Charles the Second's reign? I imagine Cowley's Poems. Overleap sixty + years, and you are in the generation of which Pope asked, "Who now reads + Cowley?" What works were ever expected with more impatience by the public + than those of Lord Bolingbroke, which appeared, I think, in 1754? In 1814, + no bookseller would have thanked you for the copyright of them all, if you + had offered it to him for nothing. What would Paternoster Row give now for + the copyright of Hayley's Triumphs of Temper, so much admired within the + memory of many people still living? I say, therefore, that, from the very + nature of literary property, it will almost always pass away from an + author's family; and I say, that the price given for it to the family will + bear a very small proportion to the tax which the purchaser, if his + speculation turns out well, will in the course of a long series of years + levy on the public. + </p> + <p> + If, Sir, I wished to find a strong and perfect illustration of the effects + which I anticipate from long copyright, I should select,—my + honourable and learned friend will be surprised,—I should select the + case of Milton's granddaughter. As often as this bill has been under + discussion, the fate of Milton's granddaughter has been brought forward by + the advocates of monopoly. My honourable and learned friend has repeatedly + told the story with great eloquence and effect. He has dilated on the + sufferings, on the abject poverty, of this ill-fated woman, the last of an + illustrious race. He tells us that, in the extremity of her distress, + Garrick gave her a benefit, that Johnson wrote a prologue, and that the + public contributed some hundreds of pounds. Was it fit, he asks, that she + should receive, in this eleemosynary form, a small portion of what was in + truth a debt? Why, he asks, instead of obtaining a pittance from charity, + did she not live in comfort and luxury on the proceeds of the sale of her + ancestor's works? But, Sir, will my honourable and learned friend tell me + that this event, which he has so often and so pathetically described, was + caused by the shortness of the term of copyright? Why, at that time, the + duration of copyright was longer than even he, at present, proposes to + make it. The monopoly lasted, not sixty years, but for ever. At the time + at which Milton's granddaughter asked charity, Milton's works were the + exclusive property of a bookseller. Within a few months of the day on + which the benefit was given at Garrick's theatre, the holder of the + copyright of Paradise Lost,—I think it was Tonson,—applied to + the Court of Chancery for an injunction against a bookseller who had + published a cheap edition of the great epic poem, and obtained the + injunction. The representation of Comus was, if I remember rightly, in + 1750; the injunction in 1752. Here, then, is a perfect illustration of the + effect of long copyright. Milton's works are the property of a single + publisher. Everybody who wants them must buy them at Tonson's shop, and at + Tonson's price. Whoever attempts to undersell Tonson is harassed with + legal proceedings. Thousands who would gladly possess a copy of Paradise + Lost, must forego that great enjoyment. And what, in the meantime, is the + situation of the only person for whom we can suppose that the author, + protected at such a cost to the public, was at all interested? She is + reduced to utter destitution. Milton's works are under a monopoly. + Milton's granddaughter is starving. The reader is pillaged; but the + writer's family is not enriched. Society is taxed doubly. It has to give + an exorbitant price for the poems; and it has at the same time to give + alms to the only surviving descendant of the poet. + </p> + <p> + But this is not all. I think it right, Sir, to call the attention of the + House to an evil, which is perhaps more to be apprehended when an author's + copyright remains in the hands of his family, than when it is transferred + to booksellers. I seriously fear that, if such a measure as this should be + adopted, many valuable works will be either totally suppressed or + grievously mutilated. I can prove that this danger is not chimerical; and + I am quite certain that, if the danger be real, the safeguards which my + honourable and learned friend has devised are altogether nugatory. That + the danger is not chimerical may easily be shown. Most of us, I am sure, + have known persons who, very erroneously as I think, but from the best + motives, would not choose to reprint Fielding's novels, or Gibbon's + History of the Decline and Fall of the Roman Empire. Some gentlemen may + perhaps be of opinion that it would be as well if Tom Jones and Gibbon's + History were never reprinted. I will not, then, dwell on these or similar + cases. I will take cases respecting which it is not likely that there will + be any difference of opinion here; cases, too, in which the danger of + which I now speak is not matter of supposition, but matter of fact. Take + Richardson's novels. Whatever I may, on the present occasion, think of my + honourable and learned friend's judgment as a legislator, I must always + respect his judgment as a critic. He will, I am sure, say that + Richardson's novels are among the most valuable, among the most original + works in our language. No writings have done more to raise the fame of + English genius in foreign countries. No writings are more deeply pathetic. + No writings, those of Shakspeare excepted, show more profound knowledge of + the human heart. As to their moral tendency, I can cite the most + respectable testimony. Dr Johnson describes Richardson as one who had + taught the passions to move at the command of virtue. My dear and honoured + friend, Mr Wilberforce, in his celebrated religious treatise, when + speaking of the unchristian tendency of the fashionable novels of the + eighteenth century, distinctly excepts Richardson from the censure. + Another excellent person, whom I can never mention without respect and + kindness, Mrs Hannah More, often declared in conversation, and has + declared in one of her published poems, that she first learned from the + writings of Richardson those principles of piety by which her life was + guided. I may safely say that books celebrated as works of art through the + whole civilised world, and praised for their moral tendency by Dr Johnson, + by Mr Wilberforce, by Mrs Hannah More, ought not to be suppressed. Sir, it + is my firm belief, that if the law had been what my honourable and learned + friend proposes to make it, they would have been suppressed. I remember + Richardson's grandson well; he was a clergyman in the city of London; he + was a most upright and excellent man; but he had conceived a strong + prejudice against works of fiction. He thought all novel-reading not only + frivolous but sinful. He said,—this I state on the authority of one + of his clerical brethren who is now a bishop,—he said that he had + never thought it right to read one of his grandfather's books. Suppose, + Sir, that the law had been what my honourable and learned friend would + make it. Suppose that the copyright of Richardson's novels had descended, + as might well have been the case, to this gentleman. I firmly believe, + that he would have thought it sinful to give them a wide circulation. I + firmly believe, that he would not for a hundred thousand pounds have + deliberately done what he thought sinful. He would not have reprinted + them. And what protection does my honourable and learned friend give to + the public in such a case? Why, Sir, what he proposes is this: if a book + is not reprinted during five years, any person who wishes to reprint it + may give notice in the London Gazette: the advertisement must be repeated + three times: a year must elapse; and then, if the proprietor of the + copyright does not put forth a new edition, he loses his exclusive + privilege. Now, what protection is this to the public? What is a new + edition? Does the law define the number of copies that make an edition? + Does it limit the price of a copy? Are twelve copies on large paper, + charged at thirty guineas each, an edition? It has been usual, when + monopolies have been granted, to prescribe numbers and to limit prices. + But I did not find the my honourable and learned friend proposes to do so + in the present case. And, without some such provision, the security which + he offers is manifestly illusory. It is my conviction that, under such a + system as that which he recommends to us, a copy of Clarissa would have + been as rare as an Aldus or a Caxton. + </p> + <p> + I will give another instance. One of the most instructive, interesting, + and delightful books in our language is Boswell's Life of Johnson. Now it + is well known that Boswell's eldest son considered this book, considered + the whole relation of Boswell to Johnson, as a blot in the escutcheon of + the family. He thought, not perhaps altogether without reason, that his + father had exhibited himself in a ludicrous and degrading light. And thus + he became so sore and irritable that at last he could not bear to hear the + Life of Johnson mentioned. Suppose that the law had been what my + honourable and learned friend wishes to make it. Suppose that the + copyright of Boswell's Life of Johnson had belonged, as it well might, + during sixty years, to Boswell's eldest son. What would have been the + consequence? An unadulterated copy of the finest biographical work in the + world would have been as scarce as the first edition of Camden's + Britannia. + </p> + <p> + These are strong cases. I have shown you that, if the law had been what + you are now going to make it, the finest prose work of fiction in the + language, the finest biographical work in the language, would very + probably have been suppressed. But I have stated my case weakly. The books + which I have mentioned are singularly inoffensive books, books not + touching on any of those questions which drive even wise men beyond the + bounds of wisdom. There are books of a very different kind, books which + are the rallying points of great political and religious parties. What is + likely to happen if the copyright of one of the these books should by + descent or transfer come into the possession of some hostile zealot? I + will take a single instance. It is only fifty years since John Wesley + died; and all his works, if the law had been what my honourable and + learned friend wishes to make it, would now have been the property of some + person or other. The sect founded by Wesley is the most numerous, the + wealthiest, the most powerful, the most zealous of sects. In every + parliamentary election it is a matter of the greatest importance to obtain + the support of the Wesleyan Methodists. Their numerical strength is + reckoned by hundreds of thousands. They hold the memory of their founder + in the greatest reverence; and not without reason, for he was + unquestionably a great and a good man. To his authority they constantly + appeal. His works are in their eyes of the highest value. His doctrinal + writings they regard as containing the best system of theology ever + deduced from Scripture. His journals, interesting even to the common + reader, are peculiarly interesting to the Methodist: for they contain the + whole history of that singular polity which, weak and despised in its + beginning, is now, after the lapse of a century, so strong, so + flourishing, and so formidable. The hymns to which he gave his imprimatur + are a most important part of the public worship of his followers. Now, + suppose that the copyright of these works should belong to some person who + holds the memory of Wesley and the doctrines and discipline of the + Methodists in abhorrence. There are many such persons. The Ecclesiastical + Courts are at this very time sitting on the case of a clergyman of the + Established Church who refused Christian burial to a child baptized by a + Methodist preacher. I took up the other day a work which is considered as + among the most respectable organs of a large and growing party in the + Church of England, and there I saw John Wesley designated as a forsworn + priest. Suppose that the works of Wesley were suppressed. Why, Sir, such a + grievance would be enough to shake the foundations of Government. Let + gentlemen who are attached to the Church reflect for a moment what their + feelings would be if the Book of Common Prayer were not to be reprinted + for thirty or forty years, if the price of a Book of Common Prayer were + run up to five or ten guineas. And then let them determine whether they + will pass a law under which it is possible, under which it is probable, + that so intolerable a wrong may be done to some sect consisting perhaps of + half a million of persons. + </p> + <p> + I am so sensible, Sir, of the kindness with which the House has listened + to me, that I will not detain you longer. I will only say this, that if + the measure before us should pass, and should produce one-tenth part of + the evil which it is calculated to produce, and which I fully expect it to + produce, there will soon be a remedy, though of a very objectionable kind. + Just as the absurd acts which prohibited the sale of game were virtually + repealed by the poacher, just as many absurd revenue acts have been + virtually repealed by the smuggler, so will this law be virtually repealed + by piratical booksellers. At present the holder of copyright has the + public feeling on his side. Those who invade copyright are regarded as + knaves who take the bread out of the mouths of deserving men. Everybody is + well pleased to see them restrained by the law, and compelled to refund + their ill-gotten gains. No tradesman of good repute will have anything to + do with such disgraceful transactions. Pass this law: and that feeling is + at an end. Men very different from the present race of piratical + booksellers will soon infringe this intolerable monopoly. Great masses of + capital will be constantly employed in the violation of the law. Every art + will be employed to evade legal pursuit; and the whole nation will be in + the plot. On which side indeed should the public sympathy be when the + question is whether some book as popular as Robinson Crusoe, or the + Pilgrim's Progress, shall be in every cottage, or whether it shall be + confined to the libraries of the rich for the advantage of the + great-grandson of a bookseller who, a hundred years before, drove a hard + bargain for the copyright with the author when in great distress? Remember + too that, when once it ceases to be considered as wrong and discreditable + to invade literary property, no person can say where the invasion will + stop. The public seldom makes nice distinctions. The wholesome copyright + which now exists will share in the disgrace and danger of the new + copyright which you are about to create. And you will find that, in + attempting to impose unreasonable restraints on the reprinting of the + works of the dead, you have, to a great extent, annulled those restraints + which now prevent men from pillaging and defrauding the living. If I saw, + Sir, any probability that this bill could be so amended in the Committee + that my objections might be removed, I would not divide the House in this + stage. But I am so fully convinced that no alteration which would not seem + insupportable to my honourable and learned friend, could render his + measure supportable to me, that I must move, though with regret, that this + bill be read a second time this day six months. + </p> + <hr /> + <p> + <a name="link2H_4_0019" id="link2H_4_0019"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + COPYRIGHT. (APRIL 6, 1842) A SPEECH DELIVERED IN A COMMITTEE OF THE HOUSE + OF COMMONS ON THE 6TH OF APRIL 1842. + </h2> + <p> + On the third of March 1842, Lord Mahon obtained permission to bring in a + bill to amend the Law of Copyright. This bill extended the term of + Copyright in a book to twenty-five years, reckoned from the death of the + author. + </p> + <p> + On the sixth of April the House went into Committee on the bill, and Mr + Greene took the Chair. Several divisions took place, of which the result + was that the plan suggested in the following Speech was, with some + modifications, adopted. + </p> + <p> + Mr Greene,—I have been amused and gratified by the remarks which my + noble friend (Lord Mahon.) has made on the arguments by which I prevailed + on the last House of Commons to reject the bill introduced by a very able + and accomplished man, Mr Serjeant Talfourd. My noble friend has done me a + high and rare honour. For this is, I believe, the first occasion on which + a speech made in one Parliament has been answered in another. I should not + find it difficult to vindicate the soundness of the reasons which I + formerly urged, to set them in a clearer light, and to fortify them by + additional facts. But it seems to me that we had better discuss the bill + which is now on our table than the bill which was there fourteen months + ago. Glad I am to find that there is a very wide difference between the + two bills, and that my noble friend, though he has tried to refute my + arguments, has acted as if he had been convinced by them. I objected to + the term of sixty years as far too long. My noble friend has cut that term + down to twenty-five years. I warned the House that, under the provisions + of Mr Serjeant Talfourd's bill, valuable works might not improbably be + suppressed by the representatives of authors. My noble friend has prepared + a clause which, as he thinks, will guard against that danger. I will not, + therefore, waste the time of the Committee by debating points which he has + conceded, but will proceed at once to the proper business of this evening. + </p> + <p> + Sir, I have no objection to the principle of my noble friend's bill. + Indeed, I had no objection to the principle of the bill of last year. I + have long thought that the term of copyright ought to be extended. When Mr + Serjeant Talfourd moved for leave to bring in his bill, I did not oppose + the motion. Indeed I meant to vote for the second reading, and to reserve + what I had to say for the Committee. But the learned Serjeant left me no + choice. He, in strong language, begged that nobody who was disposed to + reduce the term of sixty years would divide with him. "Do not," he said, + "give me your support, if all that you mean to grant to men of letters is + a miserable addition of fourteen or fifteen years to the present term. I + do not wish for such support. I despise it." Not wishing to obtrude on the + learned Serjeant a support which he despised, I had no course left but to + take the sense of the House on the second reading. The circumstances are + now different. My noble friend's bill is not at present a good bill; but + it may be improved into a very good bill; nor will he, I am persuaded, + withdraw it if it should be so improved. He and I have the same object in + view; but we differ as to the best mode of attaining that object. We are + equally desirous to extend the protection now enjoyed by writers. In what + way it may be extended with most benefit to them and with least + inconvenience to the public, is the question. + </p> + <p> + The present state of the law is this. The author of a work has a certain + copyright in that work for a term of twenty-eight years. If he should live + more than twenty-eight years after the publication of the work, he retains + the copyright to the end of his life. + </p> + <p> + My noble friend does not propose to make any addition to the term of + twenty-eight years. But he proposes that the copyright shall last + twenty-five years after the author's death. Thus my noble friend makes no + addition to that term which is certain, but makes a very large addition to + that term which is uncertain. + </p> + <p> + My plan is different. I would made no addition to the uncertain term; but + I would make a large addition to the certain term. I propose to add + fourteen years to the twenty-eight years which the law now allows to an + author. His copyright will, in this way, last till his death, or till the + expiration of forty-two years, whichever shall first happen. And I think + that I shall be able to prove to the satisfaction of the Committee that my + plan will be more beneficial to literature and to literary men than the + plan of my noble friend. + </p> + <p> + It must surely, Sir, be admitted that the protection which we give to + books ought to be distributed as evenly as possible, that every book + should have a fair share of that protection, and no book more than a fair + share. It would evidently be absurd to put tickets into a wheel, with + different numbers marked upon them, and to make writers draw, one a term + of twenty-eight years, another a term of fifty, another a term of ninety. + And yet this sort of lottery is what my noble friend proposes to + establish. I know that we cannot altogether exclude chance. You have two + terms of copyright; one certain, the other uncertain; and we cannot, I + admit, get rid of the uncertain term. It is proper, no doubt, that an + author's copyright should last during his life. But, Sir, though we cannot + altogether exclude chance, we can very much diminish the share which + chance must have in distributing the recompense which we wish to give to + genius and learning. By every addition which we make to the certain term + we diminish the influence of chance; by every addition which we make to + the uncertain term we increase the influence of chance. I shall make + myself best understood by putting cases. Take two eminent female writers, + who died within our own memory, Madame D'Arblay and Miss Austen. As the + law now stands, Miss Austen's charming novels would have only from + twenty-eight to thirty-three years of copyright. For that extraordinary + woman died young: she died before her genius was fully appreciated by the + world. Madame D'Arblay outlived the whole generation to which she + belonged. The copyright of her celebrated novel, Evelina, lasted, under + the present law, sixty-two years. Surely this inequality is sufficiently + great—sixty-two years of copyright for Evelina, only twenty-eight + for Persuasion. But to my noble friend this inequality seems not great + enough. He proposes to add twenty-five years to Madame D'Arblay's term, + and not a single day to Miss Austen's term. He would give to Persuasion a + copyright of only twenty-eight years, as at present, and to Evelina a + copyright more than three times as long, a copyright of eighty-seven + years. Now, is this reasonable? See, on the other hand, the operation of + my plan. I make no addition at all to Madame D'Arblay's term of sixty-two + years, which is, in my opinion, quite long enough; but I extend Miss + Austen's term to forty-two years, which is, in my opinion, not too much. + You see, Sir, that at present chance has too much sway in this matter: + that at present the protection which the State gives to letters is very + unequally given. You see that if my noble friend's plan be adopted, more + will be left to chance than under the present system, and you will have + such inequalities as are unknown under the present system. You see also + that, under the system which I recommend, we shall have, not perfect + certainty, not perfect equality, but much less uncertainty and inequality + than at present. + </p> + <p> + But this is not all. My noble friend's plan is not merely to institute a + lottery in which some writers will draw prizes and some will draw blanks. + It is much worse than this. His lottery is so contrived that, in the vast + majority of cases, the blanks will fall to the best books, and the prizes + to books of inferior merit. + </p> + <p> + Take Shakspeare. My noble friend gives a longer protection than I should + give to Love's Labour's Lost, and Pericles, Prince of Tyre; but he gives a + shorter protection than I should give to Othello and Macbeth. + </p> + <p> + Take Milton. Milton died in 1674. The copyrights of Milton's great works + would, according to my noble friend's plan, expire in 1699. Comus appeared + in 1634, the Paradise Lost in 1668. To Comus, then, my noble friend would + give sixty-five years of copyright, and to the Paradise Lost only + thirty-one years. Is that reasonable? Comus is a noble poem: but who would + rank it with the Paradise Lost? My plan would give forty-two years both to + the Paradise Lost and to Comus. + </p> + <p> + Let us pass on from Milton to Dryden. My noble friend would give more than + sixty years of copyright to Dryden's worst works; to the encomiastic + verses on Oliver Cromwell, to the Wild Gallant, to the Rival Ladies, to + other wretched pieces as bad as anything written by Flecknoe or Settle: + but for Theodore and Honoria, for Tancred and Sigismunda, for Cimon and + Iphigenia, for Palamon and Arcite, for Alexander's Feast, my noble friend + thinks a copyright of twenty-eight years sufficient. Of all Pope's works, + that to which my noble friend would give the largest measure of protection + is the volume of Pastorals, remarkable only as the production of a boy. + Johnson's first work was a Translation of a Book of Travels in Abyssinia, + published in 1735. It was so poorly executed that in his later years he + did not like to hear it mentioned. Boswell once picked up a copy of it, + and told his friend that he had done so. "Do not talk about it," said + Johnson: "it is a thing to be forgotten." To this performance my noble + friend would give protection during the enormous term of seventy-five + years. To the Lives of the Poets he would give protection during about + thirty years. Well; take Henry Fielding; it matters not whom I take, but + take Fielding. His early works are read only by the curious, and would not + be read even by the curious, but for the fame which he acquired in the + latter part of his life by works of a very different kind. What is the + value of the Temple Beau, of the Intriguing Chambermaid, of half a dozen + other plays of which few gentlemen have even heard the names? Yet to these + worthless pieces my noble friend would give a term of copyright longer by + more than twenty years than that which he would give to Tom Jones and + Amelia. + </p> + <p> + Go on to Burke. His little tract, entitled the Vindication of Natural + Society is certainly not without merit; but it would not be remembered in + our days if it did not bear the name of Burke. To this tract my noble + friend would give a copyright of near seventy years. But to the great work + on the French Revolution, to the Appeal from the New to the Old Whigs, to + the letters on the Regicide Peace, he would give a copyright of thirty + years or little more. + </p> + <p> + And, Sir observe that I am not selecting here and there extraordinary + instances in order to make up the semblance of a case. I am taking the + greatest names of our literature in chronological order. Go to other + nations; go to remote ages; you will still find the general rule the same. + There was no copyright at Athens or Rome; but the history of the Greek and + Latin literature illustrates my argument quite as well as if copyright had + existed in ancient times. Of all the plays of Sophocles, the one to which + the plan of my noble friend would have given the most scanty recompense + would have been that wonderful masterpiece, the Oedipus at Colonos. Who + would class together the Speech of Demosthenes against his Guardians, and + the Speech for the Crown? My noble friend, indeed, would not class them + together. For to the Speech against the Guardians he would give a + copyright of near seventy years, and to the incomparable Speech for the + Crown a copyright of less than half that length. Go to Rome. My noble + friend would give more than twice as long a term to Cicero's juvenile + declamation in defence of Roscius Amerinus as to the Second Philippic. Go + to France. My noble friend would give a far longer term to Racine's Freres + Ennemis than to Athalie, and to Moliere's Etourdi than to Tartuffe. Go to + Spain. My noble friend would give a longer term to forgotten works of + Cervantes, works which nobody now reads, than to Don Quixote. Go to + Germany. According to my noble friend's plan, of all the works of Schiller + the Robbers would be the most favoured: of all the works of Goethe, the + Sorrows of Werter would be the most favoured. I thank the Committee for + listening so kindly to this long enumeration. Gentlemen will perceive, I + am sure, that it is not from pedantry that I mention the names of so many + books and authors. But just as, in our debates on civil affairs, we + constantly draw illustrations from civil history, we must, in a debate + about literary property, draw our illustrations from literary history. + Now, Sir, I have, I think, shown from literary history that the effect of + my noble friend's plan would be to give to crude and imperfect works, to + third-rate and fourth-rate works, a great advantage over the highest + productions of genius. It is impossible to account for the facts which I + have laid before you by attributing them to mere accident. Their number is + too great, their character too uniform. We must seek for some other + explanation; and we shall easily find one. + </p> + <p> + It is the law of our nature that the mind shall attain its full power by + slow degrees; and this is especially true of the most vigorous minds. + Young men, no doubt, have often produced works of great merit; but it + would be impossible to name any writer of the first order whose juvenile + performances were his best. That all the most valuable books of history, + of philology, of physical and metaphysical science, of divinity, of + political economy, have been produced by men of mature years will hardly + be disputed. The case may not be quite so clear as respects works of the + imagination. And yet I know no work of the imagination of the very highest + class that was ever, in any age or country, produced by a man under + thirty-five. Whatever powers a youth may have received from nature, it is + impossible that his taste and judgment can be ripe, that his mind can be + richly stored with images, that he can have observed the vicissitudes of + life, that he can have studied the nicer shades of character. How, as + Marmontel very sensibly said, is a person to paint portraits who has never + seen faces? On the whole, I believe that I may, without fear of + contradiction, affirm this, that of the good books now extant in the world + more than nineteen-twentieths were published after the writers had + attained the age of forty. If this be so, it is evident that the plan of + my noble friend is framed on a vicious principle. For, while he gives to + juvenile productions a very much larger protection than they now enjoy, he + does comparatively little for the works of men in the full maturity of + their powers, and absolutely nothing for any work which is published + during the last three years of the life of the writer. For, by the + existing law, the copyright of such a work lasts twenty-eight years from + the publication; and my noble friend gives only twenty-five years, to be + reckoned from the writer's death. + </p> + <p> + What I recommend is that the certain term, reckoned from the date of + publication, shall be forty-two years instead of twenty-eight years. In + this arrangement there is no uncertainty, no inequality. The advantage + which I propose to give will be the same to every book. No work will have + so long a copyright as my noble friend gives to some books, or so short a + copyright as he gives to others. No copyright will last ninety years. No + copyright will end in twenty-eight years. To every book published in the + course of the last seventeen years of a writer's life I give a longer term + of copyright than my noble friend gives; and I am confident that no person + versed in literary history will deny this,—that in general the most + valuable works of an author are published in the course of the last + seventeen years of his life. I will rapidly enumerate a few, and but a + few, of the great works of English writers to which my plan is more + favourable than my noble friend's plan. To Lear, to Macbeth, to Othello, + to the Fairy Queen, to the Paradise Lost, to Bacon's Novum Organum and De + Augmentis, to Locke's Essay on the Human Understanding, to Clarendon's + History, to Hume's History, to Gibbon's History, to Smith's Wealth of + Nations, to Addison's Spectators, to almost all the great works of Burke, + to Clarissa and Sir Charles Grandison, to Joseph Andrews, Tom Jones and + Amelia, and, with the single exception of Waverley, to all the novels of + Sir Walter Scott, I give a longer term of copyright than my noble friend + gives. Can he match that list? Does not that list contain what England has + produced greatest in many various ways—poetry, philosophy, history, + eloquence, wit, skilful portraiture of life and manners? I confidently + therefore call on the Committee to take my plan in preference to the plan + of my noble friend. I have shown that the protection which he proposes to + give to letters is unequal, and unequal in the worst way. I have shown + that his plan is to give protection to books in inverse proportion to + their merit. I shall move when we come to the third clause of the bill to + omit the words "twenty-five years," and in a subsequent part of the same + clause I shall move to substitute for the words "twenty-eight years" the + words "forty-two years." I earnestly hope that the Committee will adopt + these amendments; and I feel the firmest conviction that my noble friend's + bill, so amended, will confer a great boon on men of letters with the + smallest possible inconvenience to the public. + </p> + <hr /> + <p> + <a name="link2H_4_0020" id="link2H_4_0020"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THE PEOPLE'S CHARTER. (MAY 3, 1842) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE THIRD OF MAY 1842. + </h2> + <p> + On the second of May 1842, Mr Thomas Duncombe, Member for Finsbury, + presented a petition, very numerously signed, of which the prayer was as + follows: + </p> + <p> + "Your petitioners, therefore, exercising their just constitutional right, + demand that your Honourable House, to remedy the many gross and manifest + evils of which your petitioners complain, do immediately, without + alteration, deduction, or addition, pass into a law the document entitled + the People's Charter." + </p> + <p> + On the following day Mr Thomas Duncombe moved that the petitioners should + be heard by themselves or their Counsel at the Bar of the House. The + following Speech was made in opposition to the motion. + </p> + <p> + The motion was rejected by 287 votes to 49. + </p> + <p> + Mr Speaker,—I was particularly desirous to catch your eye this + evening, because, when the motion of the honourable Member of Rochdale (Mr + Sharman Crawford.) was under discussion, I was unable to be in my place. I + understand that, on that occasion, the absence of some members of the late + Government was noticed in severe terms, and was attributed to + discreditable motives. As for myself, Sir, I was prevented from coming + down to the House by illness: a noble friend of mine, to whom particular + allusion was made, was detained elsewhere by pure accident; and I am + convinced that no member of the late administration was withheld by any + unworthy feeling from avowing his opinions. My own opinions I could have + no motive for disguising. They have been frequently avowed, and avowed + before audiences which were not likely to regard them with much favour. + </p> + <p> + I should wish, Sir, to say what I have to say in the temperate tone which + has with so much propriety been preserved by the right honourable Baronet + the Secretary for the Home Department (Sir James Graham.); but, if I + should use any warm expression, I trust that the House will attribute it + to the strength of my convictions and to my solicitude for the public + interests. No person who knows me will, I am quite sure, suspect me of + regarding the hundreds of thousands who have signed the petition which we + are now considering, with any other feeling than cordial goodwill. + </p> + <p> + Sir, I cannot conscientiously assent to this motion. And yet I must admit + that the honourable Member for Finsbury (Mr Thomas Duncombe.) has framed + it with considerable skill. He has done his best to obtain the support of + all those timid and interested politicians who think much more about the + security of their seats than about the security of their country. It would + be very convenient to me to give a silent vote with him. I should then + have it in my power to say to the Chartists of Edinburgh, "When your + petition was before the House I was on your side: I was for giving you a + full hearing." I should at the same time be able to assure my Conservative + constituents that I never had supported and never would support the + Charter. But, Sir, though this course would be very convenient, it is one + which my sense of duty will not suffer me to take. When questions of + private right are before us, we hear, and we ought to hear, the arguments + of the parties interested in those questions. But it has never been, and + surely it ought not to be, our practice to grant a hearing to persons who + petition for or against a law in which they have no other interest than + that which is common between them and the whole nation. Of the many who + petitioned against slavery, against the Roman Catholic claims, against the + corn laws, none was suffered to harangue us at the bar in support of his + views. If in the present case we depart from a general rule which + everybody must admit to be a very wholesome one, what inference can + reasonably be drawn from our conduct, except this, that we think the + petition which we are now considering entitled to extraordinary respect, + and that we have not fully made up our minds to refuse what the + petitioners ask? Now, Sir, I have fully made up my mind to resist to the + last the change which they urge us to make in the constitution of the + kingdom. I therefore think that I should act disingenuously if I gave my + voice for calling in orators whose eloquence, I am certain, will make no + alteration in my opinion. I think too that if, after voting for hearing + the petitioners, I should then vote against granting their prayer, I + should give them just ground for accusing me of having first encouraged + and then deserted them. That accusation, at least, they shall never bring + against me. + </p> + <p> + The honourable Member for Westminster (Mr Leader.) has expressed a hope + that the language of the petition will not be subjected to severe + criticism. If he means literary criticism, I entirely agree with him. The + style of this composition is safe from any censure of mine; but the + substance it is absolutely necessary that we should closely examine. What + the petitioners demand is this, that we do forthwith pass what is called + the People's Charter into a law without alteration, diminution, or + addition. This is the prayer in support of which the honourable Member for + Finsbury would have us hear an argument at the bar. Is it then reasonable + to say, as some gentlemen have said, that, in voting for the honourable + Member's motion, they mean to vote merely for an inquiry into the causes + of the public distress? If any gentleman thinks that an inquiry into the + causes of the public distress would be useful, let him move for such an + inquiry. I will not oppose it. But this petition does not tell us to + inquire. It tells us that we are not to inquire. It directs us to pass a + certain law word for word, and to pass it without the smallest delay. + </p> + <p> + I shall, Sir, notwithstanding the request or command of the petitioners, + venture to exercise my right of free speech on the subject of the People's + Charter. There is, among the six points of the Charter, one for which I + have voted. There is another of which I decidedly approve. There are + others as to which, though I do not agree with the petitioners, I could go + some way to meet them. In fact, there is only one of the six points on + which I am diametrically opposed to them: but unfortunately that point + happens to be infinitely the most important of the six. + </p> + <p> + One of the six points is the ballot. I have voted for the ballot; and I + have seen no reason to change my opinion on that subject. + </p> + <p> + Another point is the abolition of the pecuniary qualification for members + of this House. On that point I cordially agree with the petitioners. You + have established a sufficient pecuniary qualification for the elector; and + it therefore seems to me quite superfluous to require a pecuniary + qualification from the representative. Everybody knows that many English + members have only fictitious qualifications, and that the members for + Scotch cities and boroughs are not required to have any qualification at + all. It is surely absurd to admit the representatives of Edinburgh and + Glasgow without any qualification, and at the same time to require the + representative of Finsbury or Marylebone to possess a qualification or the + semblance of one. If the qualification really be a security for + respectability, let that security be demanded from us who sit here for + Scotch towns. If, as I believe, the qualification is no security at all, + why should we require it from anybody? It is no part of the old + constitution of the realm. It was first established in the reign of Anne. + It was established by a bad parliament for a bad purpose. It was, in fact, + part of a course of legislation which, if it had not been happily + interrupted, would have ended in the repeal of the Toleration Act and of + the Act of Settlement. + </p> + <p> + The Chartists demand annual parliaments. There, certainly, I differ from + them; but I might, perhaps, be willing to consent to some compromise. I + differ from them also as to the expediency of paying the representatives + of the people, and of dividing the country into electoral districts. But I + do not consider these matters as vital. The kingdom might, I acknowledge, + be free, great, and happy, though the members of this house received + salaries, and though the present boundaries of counties and boroughs were + superseded by new lines of demarcation. These, Sir, are subordinate + questions. I do not of course mean that they are not important. But they + are subordinate when compared with that question which still remains to be + considered. The essence of the Charter is universal suffrage. If you + withhold that, it matters not very much what else you grant. If you grant + that, it matters not at all what else you withhold. If you grant that, the + country is lost. + </p> + <p> + I have no blind attachment to ancient usages. I altogether disclaim what + has been nicknamed the doctrine of finality. I have said enough to-night + to show that I do not consider the settlement made by the Reform Bill as + one which can last for ever. I certainly do think that an extensive change + in the polity of a nation must be attended with serious evils. Still those + evils may be overbalanced by advantages: and I am perfectly ready, in + every case, to weigh the evils against the advantages, and to judge as + well as I can which scale preponderates. I am bound by no tie to oppose + any reform which I think likely to promote the public good. I will go so + far as to say that I do not quite agree with those who think that they + have proved the People's Charter to be absurd when they have proved that + it is incompatible with the existence of the throne and of the peerage. + For, though I am a faithful and loyal subject of Her Majesty, and though I + sincerely wish to see the House of Lords powerful and respected, I cannot + consider either monarchy or aristocracy as the ends of government. They + are only means. Nations have flourished without hereditary sovereigns or + assemblies of nobles; and, though I should be very sorry to see England a + republic, I do not doubt that she might, as a republic, enjoy prosperity, + tranquillity, and high consideration. The dread and aversion with which I + regard universal suffrage would be greatly diminished, if I could believe + that the worst effect which it would produce would be to give us an + elective first magistrate and a senate instead of a Queen and a House of + Peers. My firm conviction is that, in our country, universal suffrage is + incompatible, not with this or that form of government, but with all forms + of government, and with everything for the sake of which forms of + government exist; that it is incompatible with property, and that it is + consequently incompatible with civilisation. + </p> + <p> + It is not necessary for me in this place to go through the arguments which + prove beyond dispute that on the security of property civilisation + depends; that, where property is insecure, no climate however delicious, + no soil however fertile, no conveniences for trade and navigation, no + natural endowments of body or of mind, can prevent a nation from sinking + into barbarism; that where, on the other hand, men are protected in the + enjoyment of what has been created by their industry and laid up by their + self-denial, society will advance in arts and in wealth notwithstanding + the sterility of the earth and the inclemency of the air, notwithstanding + heavy taxes and destructive wars. Those persons who say that England has + been greatly misgoverned, that her legislation is defective, that her + wealth has been squandered in unjust and impolitic contests with America + and with France, do in fact bear the strongest testimony to the truth of + my doctrine. For that our country has made and is making great progress in + all that contributes to the material comfort of man is indisputable. If + that progress cannot be ascribed to the wisdom of the Government, to what + can we ascribe it but to the diligence, the energy, the thrift of + individuals? And to what can we ascribe that diligence, that energy, that + thrift, except to the security which property has during many generations + enjoyed here? Such is the power of this great principle that, even in the + last war, the most costly war, beyond all comparison, that ever was waged + in this world, the Government could not lavish wealth so fast as the + productive classes created it. + </p> + <p> + If it be admitted that on the institution of property the wellbeing of + society depends, it follows surely that it would be madness to give + supreme power in the state to a class which would not be likely to respect + that institution. And, if this be conceded, it seems to me to follow that + it would be madness to grant the prayer of this petition. I entertain no + hope that, if we place the government of the kingdom in the hands of the + majority of the males of one-and-twenty told by the head, the institution + of property will be respected. If I am asked why I entertain no such hope, + I answer, because the hundreds of thousands of males of twenty-one who + have signed this petition tell me to entertain no such hope; because they + tell me that, if I trust them with power, the first use which they will + make of it will be to plunder every man in the kingdom who has a good coat + on his back and a good roof over his head. God forbid that I should put an + unfair construction on their language! I will read their own words. This + petition, be it remembered, is an authoritative declaration of the wishes + of those who, if the Charter ever becomes law, will return the great + majority of the House of Commons; and these are their words: "Your + petitioners complain, that they are enormously taxed to pay the interest + of what is called the national debt, a debt amounting at present to eight + hundred millions, being only a portion of the enormous amount expended in + cruel and expensive wars for the suppression of all liberty by men not + authorised by the people, and who consequently had no right to tax + posterity for the outrages committed by them upon mankind." If these words + mean anything, they mean that the present generation is not bound to pay + the public debt incurred by our rulers in past times, and that a national + bankruptcy would be both just and politic. For my part, I believe it to be + impossible to make any distinction between the right of a fundholder to + his dividends and the right of a landowner to his rents. And, to do the + petitioners justice, I must say that they seem to be much of the same + mind. They are for dealing with fundholder and landowner alike. They tell + us that nothing will "unshackle labour from its misery, until the people + possess that power under which all monopoly and oppression must cease; and + your petitioners respectfully mention the existing monopolies of the + suffrage, of paper money, of machinery, of land, of the public press, of + religion, of the means of travelling and transit, and a host of other + evils too numerous to mention, all arising from class legislation." Absurd + as this hubbub of words is, part of it is intelligible enough. What can + the monopoly of land mean, except property in land? The only monopoly of + land which exists in England is this, that nobody can sell an acre of land + which does not belong to him. And what can the monopoly of machinery mean + but property in machinery? Another monopoly which is to cease is the + monopoly of the means of travelling. In other words all the canal property + and railway property in the kingdom is to be confiscated. What other sense + do the words bear? And these are only specimens of the reforms which, in + the language of the petition, are to unshackle labour from its misery. + There remains, it seems, a host of similar monopolies too numerous to + mention; the monopoly I presume, which a draper has of his own stock of + cloth; the monopoly which a hatter has of his own stock of hats; the + monopoly which we all have of our furniture, bedding, and clothes. In + short, the petitioners ask you to give them power in order that they may + not leave a man of a hundred a year in the realm. + </p> + <p> + I am far from wishing to throw any blame on the ignorant crowds which have + flocked to the tables where this petition was exhibited. Nothing is more + natural than that the labouring people should be deceived by the arts of + such men as the author of this absurd and wicked composition. We + ourselves, with all our advantages of education, are often very credulous, + very impatient, very shortsighted, when we are tried by pecuniary distress + or bodily pain. We often resort to means of immediate relief which, as + Reason tells us, if we would listen to her, are certain to aggravate our + sufferings. Men of great abilities and knowledge have ruined their estates + and their constitutions in this way. How then can we wonder that men less + instructed than ourselves, and tried by privations such as we have never + known, should be easily misled by mountebanks who promise impossibilities? + Imagine a well-meaning laborious mechanic, fondly attached to his wife and + children. Bad times come. He sees the wife whom he loves grow thinner and + paler every day. His little ones cry for bread, and he has none to give + them. Then come the professional agitators, the tempters, and tell him + that there is enough and more than enough for everybody, and that he has + too little only because landed gentlemen, fundholders, bankers, + manufacturers, railway proprietors, shopkeepers have too much. Is it + strange that the poor man should be deluded, and should eagerly sign such + a petition as this? The inequality with which wealth is distributed forces + itself on everybody's notice. It is at once perceived by the eye. The + reasons which irrefragably prove this inequality to be necessary to the + wellbeing of all classes are not equally obvious. Our honest working man + has not received such an education as enables him to understand that the + utmost distress that he has ever known is prosperity when compared with + the distress which he would have to endure if there were a single month of + general anarchy and plunder. But you say, it is not the fault of the + labourer that he is not well educated. Most true. It is not his fault. + But, though he has no share in the fault, he will, if you are foolish + enough to give him supreme power in the state, have a very large share of + the punishment. You say that, if the Government had not culpably omitted + to establish a good system of public instruction, the petitioners would + have been fit for the elective franchise. But is that a reason for giving + them the franchise when their own petition proves that they are not fit + for it; when they give us fair notice that, if we let them have it, they + will use it to our ruin and their own? It is not necessary now to inquire + whether, with universal education, we could safely have universal + suffrage. What we are asked to do is to give universal suffrage before + there is universal education. Have I any unkind feeling towards these poor + people? No more than I have to a sick friend who implores me to give him a + glass of iced water which the physician has forbidden. No more than a + humane collector in India has to those poor peasants who in a season of + scarcity crowd round the granaries and beg with tears and piteous gestures + that the doors may be opened and the rice distributed. I would not give + the draught of water, because I know that it would be poison. I would not + give up the keys of the granary, because I know that, by doing so, I + should turn a scarcity into a famine. And in the same way I would not + yield to the importunity of multitudes who, exasperated by suffering and + blinded by ignorance, demand with wild vehemence the liberty to destroy + themselves. + </p> + <p> + But it is said, You must not attach so much importance to this petition. + It is very foolish, no doubt, and disgraceful to the author, be he who he + may. But you must not suppose that those who signed it approve of it. They + have merely put their names or their marks without weighing the sense of + the document which they subscribed. Surely, Sir, of all reasons that ever + were given for receiving a petition with peculiar honours, the strangest + is that it expresses sentiments diametrically opposed to the real + sentiments of those who have signed it. And it is a not less strange + reason for giving men supreme power in a state that they sign political + manifestoes of the highest importance without taking the trouble to know + what the contents are. But how is it possible for us to believe that, if + the petitioners had the power which they demand, they would not use it as + they threaten? During a long course of years, numerous speakers and + writers, some of them ignorant, others dishonest, have been constantly + representing the Government as able to do, and bound to do, things which + no Government can, without great injury to the country, attempt to do. + Every man of sense knows that the people support the Government. But the + doctrine of the Chartist philosophers is that it is the business of the + Government to support the people. It is supposed by many that our rulers + possess, somewhere or other, an inexhaustible storehouse of all the + necessaries and conveniences of life, and, from mere hardheartedness, + refuse to distribute the contents of this magazine among the poor. We have + all of us read speeches and tracts in which it seemed to be taken for + granted that we who sit here have the power of working miracles, of + sending a shower of manna on the West Riding, of striking the earth and + furnishing all the towns of Lancashire with abundance of pure water, of + feeding all the cotton-spinners and weavers who are out of work with five + loaves and two fishes. There is not a working man who has not heard + harangues and read newspapers in which these follies are taught. And do + you believe that as soon as you give the working men absolute and + irresistible power they will forget all this? Yes, Sir, absolute and + irresistible power. The Charter would give them no less. In every + constituent body throughout the empire the working men will, if we grant + the prayer of this petition, be an irresistible majority. In every + constituent body capital will be placed at the feet of labour; knowledge + will be borne down by ignorance; and is it possible to doubt what the + result must be? The honourable Member for Bath and the honourable Member + for Rochdale are now considered as very democratic members of Parliament. + They would occupy a very different position in a House of Commons elected + by universal suffrage, if they succeeded in obtaining seats. They would, I + believe, honestly oppose every attempt to rob the public creditor. They + would manfully say, "Justice and the public good require that this sum of + thirty millions a year should be paid;" and they would immediately be + reviled as aristocrats, monopolists, oppressors of the poor, defenders of + old abuses. And as to land, is it possible to believe that the millions + who have been so long and loudly told that the land is their estate, and + is wrongfully kept from them, should not, when they have supreme power, + use that power to enforce what they think their rights? What could follow + but one vast spoliation? One vast spoliation! That would be bad enough. + That would be the greatest calamity that ever fell on our country. Yet + would that a single vast spoliation were the worst! No, Sir; in the lowest + deep there would be a lower deep. The first spoliation would not be the + last. How could it? All the causes which had produced the first spoliation + would still operate. They would operate more powerfully than before. The + distress would be far greater than before. The fences which now protect + property would all have been broken through, levelled, swept away. The new + proprietors would have no title to show to anything that they held except + recent robbery. With what face then could they complain of being robbed? + What would be the end of these things? Our experience, God be praised, + does not enable us to predict it with certainty. We can only guess. My + guess is that we should see something more horrible than can be imagined—something + like the siege of Jerusalem on a far larger scale. There would be many + millions of human beings, crowded in a narrow space, deprived of all those + resources which alone had made it possible for them to exist in so narrow + a space; trade gone; manufactures gone; credit gone. What could they do + but fight for the mere sustenance of nature, and tear each other to pieces + till famine, and pestilence following in the train of famine, came to turn + the terrible commotion into a more terrible repose? The best event, the + very best event, that I can anticipate,—and what must the state of + things be, if an Englishman and a Whig calls such an event the very best?—the + very best event, I say, that I can anticipate is that out of the confusion + a strong military despotism may arise, and that the sword, firmly grasped + by some rough hand, may give a sort of protection to the miserable wreck + of all that immense prosperity and glory. But, as to the noble + institutions under which our country has made such progress in liberty, in + wealth, in knowledge, in arts, do not deceive yourselves into the belief + that we should ever see them again. We should never see them again. We + should not deserve to see them. All those nations which envy our greatness + would insult our downfall, a downfall which would be all our own work; and + the history of our calamities would be told thus: England had institutions + which, though imperfect, yet contained within themselves the means of + remedying every imperfection; those institutions her legislators wantonly + and madly threw away; nor could they urge in their excuse even the + wretched plea that they were deceived by false promises; for, in the very + petition with the prayer of which they were weak enough to comply, they + were told, in the plainest terms, that public ruin would be the effect of + their compliance. + </p> + <p> + Thinking thus, Sir, I will oppose, with every faculty which God has given + me, every motion which directly or indirectly tends to the granting of + universal suffrage. This motion I think, tends that way. If any gentleman + here is prepared to vote for universal suffrage with a full view of all + the consequences of universal suffrage as they are set forth in this + petition, he acts with perfect consistency in voting for this motion. But, + I must say, I heard with some surprise the honourable baronet the Member + for Leicester (Sir John Easthope.) say that, though he utterly disapproves + of the petition, though he thinks of it just as I do, he wishes the + petitioners to be heard at the bar in explanation of their opinions. I + conceive that their opinions are quite sufficiently explained already; and + to such opinions I am not disposed to pay any extraordinary mark of + respect. I shall give a clear and conscientious vote against the motion of + the honourable Member for Finsbury; and I conceive that the petitioners + will have much less reason to complain of my open hostility than of the + conduct of the honourable Member, who tries to propitiate them by + consenting to hear their oratory, but has fully made up his mind not to + comply with their demands. + </p> + <hr /> + <p> + <a name="link2H_4_0021" id="link2H_4_0021"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THE GATES OF SOMNAUTH. (MARCH 9, 1843) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE 9TH OF MARCH 1843. + </h2> + <p> + On the ninth of March 1843, Mr Vernon Smith, Member for Northampton, made + the following motion: + </p> + <p> + "That this House, having regard to the high and important functions of the + Governor General of India, the mixed character of the native population, + and the recent measures of the Court of Directors for discontinuing any + seeming sanction to idolatry in India, is of opinion that the conduct of + Lord Ellenborough in issuing the General Orders of the sixteenth of + November 1842, and in addressing the letter of the same date to all the + chiefs, princes, and people of India, respecting the restoration of the + gates of a temple to Somnauth, is unwise, indecorous, and reprehensible." + </p> + <p> + Mr Emerson Tennent, Secretary of the Board of Control, opposed the motion. + In reply to him the following Speech was made. + </p> + <p> + The motion was rejected by 242 votes to 157. + </p> + <p> + Mr Speaker,—If the practice of the honourable gentleman, the + Secretary of the Board of Control, had been in accordance with his + precepts, if he had not, after exhorting us to confine ourselves strictly + to the subject before us, rambled far from that subject, I should have + refrained from all digression. For and truth there is abundance to be said + touching both the substance and the style of this Proclamation. I cannot, + however, leave the honourable gentleman's peroration entirely unnoticed. + But I assure him that I do not mean to wander from the question before us + to any great distance or for any long time. + </p> + <p> + I cannot but wonder, Sir, that he who has, on this, as on former + occasions, exhibited so much ability and acuteness, should have gravely + represented it as a ground of complaint, that my right honourable friend + the Member for Northampton has made this motion in the Governor General's + absence. Does the honourable gentleman mean that this House is to be + interdicted from ever considering in what manner Her Majesty's Asiatic + subjects, a hundred millions in number, are governed? And how can we + consider how they are governed without considering the conduct of him who + is governing them? And how can we consider the conduct of him who is + governing them, except in his absence? For my own part, I can say for + myself, and I may, I doubt not, say for my right honourable friend the + Member for Northampton, that we both of us wish, with all our hearts and + souls, that we were discussing this question in the presence of Lord + Ellenborough. Would to heaven, Sir, for the sake of the credit of England, + and of the interests of India, that the noble lord were at this moment + under our gallery! But, Sir, if there be any Governor who has no right to + complain of remarks made on him in his absence, it is that Governor who, + forgetting all official decorum, forgetting how important it is that, + while the individuals who serve the State are changed, the State should + preserve its identity, inserted in a public proclamation reflections on + his predecessor, a predecessor of whom, on the present occasion, I will + only say that his conduct had deserved a very different return. I am + confident that no enemy of Lord Auckland, if Lord Auckland has an enemy in + the House, will deny that, whatever faults he may have committed, he was + faultless with respect to Lord Ellenborough. No brother could have + laboured more assiduously for the interests and the honour of a brother + than Lord Auckland laboured to facilitate Lord Ellenborough's arduous + task, to prepare for Lord Ellenborough the means of obtaining success and + glory. And what was the requital? A proclamation by Lord Ellenborough, + stigmatising the conduct of Lord Auckland. And, Sir, since the honourable + gentleman the Secretary of the Board of Control has thought fit to divert + the debate from its proper course, I will venture to request that he, or + the honourable director who sits behind him (Sir James Hogg.), will + vouchsafe to give us some explanations on an important point to which + allusion has been made. Lord Ellenborough has been accused of having + publicly announced that our troops were about to evacuate Afghanistan + before he had ascertained that our captive countrymen and countrywomen had + been restored to liberty. This accusation, which is certainly a serious + one, the honourable gentleman, the Secretary of the Board of Control, + pronounces to be a mere calumny. Now, Sir, the proclamation which + announces the withdrawing of the troops bears date the first of October + 1842. What I wish to know is, whether any member of the Government, or of + the Court of Directors, will venture to affirm that on the first of + October 1842, the Governor General knew that the prisoners had been set at + liberty? I believe that no member either of the Government or of the Court + of Directors will venture to affirm any such thing. It seems certain that + on the first of October the Governor General could not know that the + prisoners were safe. Nevertheless, the honourable gentleman the Secretary + of the Board of Control assures us that, when the proclamation was drawn + up, the Governor General did know that the prisoners were safe. What is + the inevitable consequence? It is this, that the date is a false date, + that the proclamation was written after the first of October, and + antedated? And for what reason was it antedated? I am almost ashamed to + tell the House what I believe to have been the reason. I believe that Lord + Ellenborough affixed the false date of the first of October to his + proclamation because Lord Auckland's manifesto against Afghanistan was + dated on the first of October. I believe that Lord Ellenborough wished to + make the contrast between his own success and his predecessor's failure + more striking, and that for the sake of this paltry, this childish, + triumph, he antedated his proclamation, and made it appear to all Europe + and all Asia that the English Government was indifferent to the fate of + Englishmen and Englishwomen who were in a miserable captivity. If this be + so, and I shall be surprised to hear any person deny that it is so, I must + say that by this single act, by writing those words, the first of October, + the Governor General proved himself to be a man of an ill-regulated mind, + a man unfit for high public trust. + </p> + <p> + I might, Sir, if I chose to follow the example of the honourable gentleman + the Secretary of the Board of Control, advert to many other matters. I + might call the attention of the House to the systematic manner in which + the Governor General has exerted himself to lower the character and to + break the spirit of that civil service on the respectability and + efficiency of which chiefly depends the happiness of a hundred millions of + human beings. I might say much about the financial committee which he + appointed in the hope of finding out blunders of his predecessor, but + which at last found out no blunders except his own. But the question + before us demands our attention. That question has two sides, a serious + and a ludicrous side. Let us look first at the serious side. Sir, I + disclaim in the strongest manner all intention of raising any fanatical + outcry or of lending aid to any fanatical project. I would very much + rather be the victim of fanaticism than its tool. If Lord Ellenborough + were called in question for having given an impartial protection to the + professors of different religions, or for restraining unjustifiable + excesses into which Christian missionaries might have been hurried by + their zeal, I would, widely as I have always differed from him in + politics, have stood up in his defence, though I had stood up alone. But + the charge against Lord Ellenborough is that he has insulted the religion + of his own country and the religion of millions of the Queen's Asiatic + subjects in order to pay honour to an idol. And this the right honourable + gentleman the Secretary of the Board of Control calls a trivial charge. + Sir, I think it a very grave charge. Her Majesty is the ruler of a larger + heathen population than the world ever saw collected under the sceptre of + a Christian sovereign since the days of the Emperor Theodosius. What the + conduct of rulers in such circumstances ought to be is one of the most + important moral questions, one of the most important political questions, + that it is possible to conceive. There are subject to the British rule in + Asia a hundred millions of people who do not profess the Christian faith. + The Mahometans are a minority: but their importance is much more than + proportioned to their number: for they are an united, a zealous, an + ambitious, a warlike class. The great majority of the population of India + consists of idolaters, blindly attached to doctrines and rites which, + considered merely with reference to the temporal interests of mankind, are + in the highest degree pernicious. In no part of the world has a religion + ever existed more unfavourable to the moral and intellectual health of our + race. The Brahminical mythology is so absurd that it necessarily debases + every mind which receives it as truth; and with this absurd mythology is + bound up an absurd system of physics, an absurd geography, an absurd + astronomy. Nor is this form of Paganism more favourable to art than to + science. Through the whole Hindoo Pantheon you will look in vain for + anything resembling those beautiful and majestic forms which stood in the + shrines of ancient Greece. All is hideous, and grotesque, and ignoble. As + this superstition is of all superstitions the most irrational, and of all + superstitions the most inelegant, so is it of all superstitions the most + immoral. Emblems of vice are objects of public worship. Acts of vice are + acts of public worship. The courtesans are as much a part of the + establishment of the temple, as much ministers of the god, as the priests. + Crimes against life, crimes against property, are not only permitted but + enjoined by this odious theology. But for our interference human victims + would still be offered to the Ganges, and the widow would still be laid on + the pile with the corpse of her husband, and burned alive by her own + children. It is by the command and under the especial protection of one of + the most powerful goddesses that the Thugs join themselves to the + unsuspecting traveller, make friends with him, slip the noose round his + neck, plunge their knives in his eyes, hide him in the earth, and divide + his money and baggage. I have read many examinations of Thugs; and I + particularly remember an altercation which took place between two of those + wretches in the presence of an English officer. One Thug reproached the + other for having been so irreligious as to spare the life of a traveller + when the omens indicated that their patroness required a victim. "How + could you let him go? How can you expect the goddess to protect us if you + disobey her commands? That is one of your North country heresies." Now, + Sir, it is a difficult matter to determine in what way Christian rulers + ought to deal with such superstitions as these. We might have acted as the + Spaniards acted in the New World. We might have attempted to introduce our + own religion by force. We might have sent missionaries among the natives + at the public charge. We might have held out hopes of public employment to + converts, and have imposed civil disabilities on Mahometans and Pagans. + But we did none of these things; and herein we judged wisely. Our duty, as + rulers, was to preserve strict neutrality on all questions merely + religious: and I am not aware that we have ever swerved from strict + neutrality for the purpose of making proselytes to our own faith. But we + have, I am sorry to say, sometimes deviated from the right path in the + opposite direction. Some Englishmen, who have held high office in India, + seem to have thought that the only religion which was not entitled to + toleration and to respect was Christianity. They regarded every Christian + missionary with extreme jealousy and disdain; and they suffered the most + atrocious crimes, if enjoined by the Hindoo superstition, to be + perpetrated in open day. It is lamentable to think how long after our + power was firmly established in Bengal, we, grossly neglecting the first + and plainest duty of the civil magistrate, suffered the practices of + infanticide and Suttee to continue unchecked. We decorated the temples of + the false gods. We provided the dancing girls. We gilded and painted the + images to which our ignorant subjects bowed down. We repaired and + embellished the car under the wheels of which crazy devotees flung + themselves at every festival to be crushed to death. We sent guards of + honour to escort pilgrims to the places of worship. We actually made + oblations at the shrines of idols. All this was considered, and is still + considered, by some prejudiced Anglo-Indians of the old school, as + profound policy. I believe that there never was so shallow, so senseless a + policy. We gained nothing by it. We lowered ourselves in the eyes of those + whom we meant to flatter. We led them to believe that we attached no + importance to the difference between Christianity and heathenism. Yet how + vast that difference is! I altogether abstain from alluding to topics + which belong to divines. I speak merely as a politician anxious for the + morality and the temporal well-being of society. And, so speaking, I say + that to countenance the Brahminical idolatry, and to discountenance that + religion which has done so much to promote justice, and mercy, and + freedom, and arts, and sciences, and good government, and domestic + happiness, which has struck off the chains of the slave, which has + mitigated the horrors of war, which has raised women from servants and + playthings into companions and friends, is to commit high treason against + humanity and civilisation. + </p> + <p> + Gradually a better system was introduced. A great man whom we have lately + lost, Lord Wellesley, led the way. He prohibited the immolation of female + children; and this was the most unquestionable of all his titles to the + gratitude of his country. In the year 1813 Parliament gave new facilities + to persons who were desirous to proceed to India as missionaries. Lord + William Bentinck abolished the Suttee. Shortly afterwards the Home + Government sent out to Calcutta the important and valuable despatch to + which reference has been repeatedly made in the course of this discussion. + That despatch Lord Glenelg wrote,—I was then at the Board of + Control, and can attest the fact,—with his own hand. One paragraph, + the sixty-second, is of the highest moment. I know that paragraph so well + that I could repeat it word for word. It contains in short compass an + entire code of regulations for the guidance of British functionaries in + matters relating to the idolatry of India. The orders of the Home + Government were express, that the arrangements of the temples should be + left entirely to the natives. A certain discretion was of course left to + the local authorities as to the time and manner of dissolving that + connection which had long existed between the English Government and the + Brahminical superstition. But the principle was laid down in the clearest + manner. This was in February 1833. In the year 1838 another despatch was + sent, which referred to the sixty-second paragraph in Lord Glenelg's + despatch, and enjoined the Indian Government to observe the rules + contained in that paragraph. Again, in the year 1841, precise orders were + sent out on the same subject, orders which Lord Ellenborough seems to me + to have studied carefully for the express purpose of disobeying them point + by point, and in the most direct manner. You murmur: but only look at the + orders of the Directors and at the proclamation of the Governor General. + The orders are, distinctly and positively, that the British authorities in + India shall have nothing to do with the temples of the natives, shall make + no presents to those temples, shall not decorate those temples, shall not + pay any military honour to those temples. Now, Sir, the first charge which + I bring against Lord Ellenborough is, that he has been guilty of an act of + gross disobedience, that he has done that which was forbidden in the + strongest terms by those from whom his power is derived. The Home + Government says, Do not interfere in the concerns of heathen temples. Is + it denied that Lord Ellenborough has interfered in the concerns of a + heathen temple? The Home Government says, Make no presents to heathen + temples. Is it denied that Lord Ellenborough has proclaimed to all the + world his intention to make a present to a heathen temple? The Home + Government says, Do not decorate heathen temples. Is it denied that Lord + Ellenborough has proclaimed to all the world his intention to decorate a + heathen temple? The Home Government says, Do not send troops to do honour + to heathen temples. Is it denied that Lord Ellenborough sent a body of + troops to escort these gates to a heathen temple? To be sure, the + honourable gentleman the Secretary of the Board of Control tries to get + rid of this part of the case in rather a whimsical manner. He says that it + is impossible to believe that, by sending troops to escort the gates, Lord + Ellenborough can have meant to pay any mark of respect to an idol. And + why? Because, says the honourable gentleman, the Court of Directors had + given positive orders that troops should not be employed to pay marks of + respect to idols. Why, Sir, undoubtedly, if it is to be taken for granted + that Lord Ellenborough is a perfect man, if all our reasonings are to + proceed on the supposition that he cannot do wrong, then I admit the force + of the honourable gentleman's argument. But it seems to me a strange and + dangerous thing to infer a man's innocence merely from the flagrancy of + his guilt. It is certain that the Home authorities ordered the Governor + General not to employ the troops in the service of a temple. It is certain + that Lord Ellenborough employed the troops to escort a trophy, an + oblation, which he sent to the restored temple of Somnauth. Yes, the + restored temple of Somnauth. Those are his lordship's words. They have + given rise to some discussion, and seem not to be understood by everybody + in the same sense. We all know that this temple is an ruins. I am + confident that Lord Ellenborough knew it to be in ruins, and that his + intention was to rebuild it at the public charge. That is the obvious + meaning of his words. But, as this meaning is so monstrous that nobody + here can venture to defend it, his friends pretend that he believed the + temple to have been already restored, and that he had no thought of being + himself the restorer. How can I believe this? How can I believe that, when + he issued this proclamation, he knew nothing about the state of the temple + to which he proposed to make an offering of such importance? He evidently + knew that it had once been in ruins; or he would not have called it the + restored temple. Why am I to suppose that he imagined it to have been + rebuilt? He had people about him who knew it well, and who could have told + him that it was in ruins still. To say that he was not aware that it was + in ruins is to say that he put forth his proclamation without taking the + trouble to ask a single question of those who were close at hand and were + perfectly competent to give him information. Why, Sir, this defence is + itself an accusation. I defy the honourable gentleman the Secretary of the + Board of Control, I defy all human ingenuity, to get his lordship clear + off from both the horns of this dilemma. Either way, he richly deserves a + parliamentary censure. Either he published this proclamation in the + recklessness of utter ignorance without making the smallest inquiry; or + else he, an English and a Christian Governor, meant to build a temple to a + heathen god at the public charge, in direct defiance of the commands of + his official superiors. Turn and twist the matter which way you will, you + can make nothing else of it. The stain is like the stain of Blue Beard's + key, in the nursery tale. As soon as you have scoured one side clean, the + spot comes out on the other. + </p> + <p> + So much for the first charge, the charge of disobedience. It is fully made + out: but it is not the heaviest charge which I bring against Lord + Ellenborough. I charge him with having done that which, even if it had not + been, as it was, strictly forbidden by the Home authorities, it would + still have been a high crime to do. He ought to have known, without any + instructions from home, that it was his duty not to take part in disputes + among the false religions of the East; that it was his duty, in his + official character, to show no marked preference for any of those + religions, and to offer no marked insult to any. But, Sir, he has paid + unseemly homage to one of those religions; he has grossly insulted + another; and he has selected as the object of his homage the very worst + and most degrading of those religions, and as the object of his insults + the best and purest of them. The homage was paid to Lingamism. The insult + was offered to Mahometanism. Lingamism is not merely idolatry, but + idolatry in its most pernicious form. The honourable gentleman the + Secretary of the Board of Control seemed to think that he had achieved a + great victory when he had made out that his lordship's devotions had been + paid, not to Vishnu, but to Siva. Sir, Vishnu is the preserving Deity of + the Hindoo Mythology; Siva is the destroying Deity; and, as far as I have + any preference for one of your Governor General's gods over another, I + confess that my own tastes would lead me to prefer the preserving to the + destroying power. Yes, Sir; the temple of Somnauth was sacred to Siva; and + the honourable gentleman cannot but know by what emblem Siva is + represented, and with what rites he is adored. I will say no more. The + Governor General, Sir, is in some degree protected by the very magnitude + of his offence. I am ashamed to name those things to which he is not + ashamed to pay public reverence. This god of destruction, whose images and + whose worship it would be a violation of decency to describe, is selected + as the object of homage. As the object of insult is selected a religion + which has borrowed much of its theology and much of its morality from + Christianity, a religion which in the midst of Polytheism teaches the + unity of God, and, in the midst of idolatry, strictly proscribes the + worship of images. The duty of our Government is, as I said, to take no + part in the disputes between Mahometans and idolaters. But, if our + Government does take a part, there cannot be a doubt that Mahometanism is + entitled to the preference. Lord Ellenborough is of a different opinion. + He takes away the gates from a Mahometan mosque, and solemnly offers them + as a gift to a Pagan temple. Morally, this is a crime. Politically, it is + a blunder. Nobody who knows anything of the Mahometans of India can doubt + that this affront to their faith will excite their fiercest indignation. + Their susceptibility on such points is extreme. Some of the most serious + disasters that have ever befallen us in India have been caused by that + susceptibility. Remember what happened at Vellore in 1806, and more + recently at Bangalore. The mutiny of Vellore was caused by a slight shown + to the Mahometan turban; the mutiny of Bangalore, by disrespect said to + have been shown to a Mahometan place of worship. If a Governor General had + been induced by his zeal for Christianity to offer any affront to a mosque + held in high veneration by Mussulmans, I should think that he had been + guilty of indiscretion such as proved him to be unfit for his post. But to + affront a mosque of peculiar dignity, not from zeal for Christianity, but + for the sake of this loathsome god of destruction, is nothing short of + madness. Some temporary popularity Lord Ellenborough may no doubt gain in + some quarters. I hear, and I can well believe, that some bigoted Hindoos + have hailed this proclamation with delight, and have begun to entertain a + hope that the British Government is about to take their worship under its + peculiar protection. But how long will that hope last? I presume that the + right honourable Baronet the First Lord of the Treasury does not mean to + suffer India to be governed on Brahminical principles. I presume that he + will not allow the public revenue to be expended in rebuilding temples, + adorning idols, and hiring courtesans. I have no doubt that there is + already on the way to India such an admonition as will prevent Lord + Ellenborough from persisting in the course on which he has entered. The + consequence will be that the exultation of the Brahmins will end in + mortification and anger. See then of what a complication of faults the + Governor General is guilty. In order to curry favour with the Hindoos he + has offered an inexpiable insult to the Mahometans; and now, in order to + quiet the English, he is forced to disappoint and disgust the Hindoos. + But, apart from the irritating effect which these transactions must + produce on every part of the native population, is it no evil to have this + continual wavering and changing? This is not the only case in which Lord + Ellenborough has, with great pomp, announced intentions which he has not + been able to carry into effect. It is his Lordship's habit. He put forth a + notification that his Durbar was to be honoured by the presence of Dost + Mahomed. Then came a notification that Dost Mahomed would not make his + appearance there. In the proclamation which we are now considering his + lordship announced to all the princes of India his resolution to set up + these gates at Somnauth. The gates, it is now universally admitted, will + not be set up there. All India will see that the Governor General has + changed his mind. The change may be imputed to mere fickleness and levity. + It may be imputed to the disapprobation with which his conduct has been + regarded here. In either case he appears in a light in which it is much to + be deplored that a Governor General should appear. + </p> + <p> + So much for the serious side of this business; and now for the ludicrous + side. Even in our mirth, however, there is sadness; for it is no light + thing that he who represents the British nation in India should be a jest + to the people of India. We have sometimes sent them governors whom they + loved, and sometimes governors whom they feared; but they never before had + a governor at whom they laughed. Now, however, they laugh; and how can we + blame them for laughing, when all Europe and all America are laughing too? + You see, Sir, that the gentlemen opposite cannot keep their countenances. + And no wonder. Was such a State paper ever seen in our language before? + And what is the plea set up for all this bombast? Why, the honourable + gentleman the Secretary of the Board of Control brings down to the House + some translations of Persian letters from native princes. Such letters, as + everybody knows, are written in a most absurd and turgid style. The + honourable gentleman forces us to hear a good deal of this detestable + rhetoric; and then he asks why, if the secretaries of the Nizam and the + King of Oude use all these tropes and hyperboles, Lord Ellenborough should + not indulge in the same sort of eloquence? The honourable gentleman might + as well ask why Lord Ellenborough should not sit cross-legged, why he + should not let his beard grow to his waist, why he should not wear a + turban, why he should not hang trinkets all about his person, why he + should not ride about Calcutta on a horse jingling with bells and + glittering with false pearls. The native princes do these things; and why + should not he? Why, Sir, simply because he is not a native prince, but an + English Governor General. When the people of India see a Nabob or a Rajah + in all his gaudy finery, they bow to him with a certain respect. They know + that the splendour of his garb indicates superior rank and wealth. But if + Sir Charles Metcalfe had so bedizened himself, they would have thought + that he was out of his wits. They are not such fools as the honourable + gentleman takes them for. Simplicity is not their fashion. But they + understand and respect the simplicity of our fashions. Our plain clothing + commands far more reverence than all the jewels which the most tawdry + Zemindar wears; and our plain language carries with it far more weight + than the florid diction of the most ingenious Persian scribe. The plain + language and the plain clothing are inseparably associated in the minds of + our subjects with superior knowledge, with superior energy, with superior + veracity, with all the high and commanding qualities which erected, and + which still uphold, our empire. Sir, if, as the speech of the honourable + gentleman the Secretary of the Board of Control seems to indicate, Lord + Ellenborough has adopted this style on principle, if it be his lordship's + deliberate intention to mimic, in his State papers, the Asiatic modes of + thought and expression, that alone would be a reason for recalling him. + But the honourable gentlemen is mistaken in thinking that this + proclamation is in the Oriental taste. It bears no resemblance to the very + bad Oriental compositions which he has read to us, nor to any other + Oriental compositions that I ever saw. It is neither English nor Indian. + It is not original, however; and I will tell the House where the Governor + General found his models. He has apparently been studying the rants of the + French Jacobins during the period of their ascendency, the Carmagnoles of + the Convention, the proclamations issued by the Directory and its + Proconsuls: and he has been seized with a desire to imitate those + compositions. The pattern which he seems to have especially proposed to + himself is the rhodomontade in which it was announced that the modern + Gauls were marching to Rome in order to avenge the fate of Dumnorix and + Vercingetorex. Everybody remembers those lines in which revolutionary + justice is described by Mr Canning:— + </p> +<pre xml:space="preserve"> + "Not she in British courts who takes her stand, + The dawdling balance dangling in her hand; + But firm, erect, with keen reverted glance, + The avenging angel of regenerate France, + Who visits ancient sins on modern times, + And punishes the Pope for Caesar's crimes." +</pre> + <p> + In the same spirit and in the same style our Governor General has + proclaimed his intention to retaliate on the Mussulmans beyond the + mountains the insults which their ancestors, eight hundred years ago, + offered to the idolatry of the Hindoos. To do justice to the Jacobins, + however, I must say that they had an excuse which was wanting to the noble + lord. The revolution had made almost as great a change in literary tastes + as in political institutions. The old masters of French eloquence had + shared the fate of the old states and of the old parliaments. The highest + posts in the administration were filled by persons who had no experience + of affairs, who in the general confusion had raised themselves by audacity + and quickness of natural parts, uneducated men, or half educated men, who + had no notion that the style in which they had heard the heroes and + villains of tragedies declaim on the stage was not the style of real + warriors and statesmen. But was it for an English gentleman, a man of + distinguished abilities and cultivated mind, a man who had sate many years + in parliament, and filled some of the highest posts in the State, to copy + the productions of such a school? + </p> + <p> + But, it is said, what does it matter if the noble lord has written a + foolish rhapsody which is neither prose nor verse? Is affected phraseology + a subject for parliamentary censure? What great ruler can be named who has + not committed errors much more serious than the penning of a few sentences + of turgid nonsense? This, I admit, sounds plausible. It is quite true that + very eminent men, Lord Somers, for example, Sir Robert Walpole, Lord + Chatham and his son, all committed faults which did much more harm than + any fault of style can do. But I beg the House to observe this, that an + error which produces the most serious consequences may not necessarily + prove that the man who has committed it is not a very wise man; and that, + on the other hand, an error which directly produces no important + consequences may prove the man who has committed it to be quite unfit for + public trust. Walpole committed a ruinous error when he yielded to the + public cry for war with Spain. But, notwithstanding that error, he was an + eminently wise man. Caligula, on the other hand, when he marched his + soldiers to the beach, made them fill their helmets with cockle-shells, + and sent the shells to be placed in the Capitol as trophies of his + conquests, did no great harm to anybody; but he surely proved that he was + quite incapable of governing an empire. Mr Pitt's expedition to Quiberon + was most ill judged, and ended in defeat and disgrace. Yet Mr Pitt was a + statesman of a very high order. On the other hand, such ukases as those by + which the Emperor Paul used to regulate the dress of the people of + Petersburg, though they caused much less misery than the slaughter at + Quiberon, proved that the Emperor Paul could not safely be trusted with + power over his fellow-creatures. One day he forbade the wearing of + pantaloons. Another day he forbade his subjects to comb their hair over + their foreheads. Then he proscribed round hats. A young Englishman, the + son of a merchant, thought to evade this decree by going about the city in + a hunting cap. Then came out an edict which made it penal to wear on the + head a round thing such as the English merchant's son wore. Now, Sir, I + say that, when I examine the substance of Lord Ellenborough's + proclamation, and consider all the consequences which that paper is likely + to produce, I am forced to say that he has committed a grave moral and + political offence. When I examine the style, I see that he has committed + an act of eccentric folly, much of the same kind with Caligula's campaign + against the cockles, and with the Emperor Paul's ukase against round hats. + Consider what an extravagant selfconfidence, what a disdain for the + examples of his great predecessors and for the opinions of the ablest and + most experienced men who are now to be found in the Indian services, this + strange document indicates. Surely it might have occurred to Lord + Ellenborough that, if this kind of eloquence had been likely to produce a + favourable impression on the minds of Asiatics, such Governors as Warren + Hastings, Mr Elphinstone, Sir Thomas Munro, and Sir Charles Metcalfe, men + who were as familiar with the language and manners of the native + population of India as any man here can be with the language and manners + of the French, would not have left the discovery to be made by a new comer + who did not know any Eastern tongue. Surely, too, it might have occurred + to the noble lord that, before he put forth such a proclamation, he would + do well to ask some person who knew India intimately what the effect both + on the Mahometans and Hindoos was likely to be. I firmly believe that the + Governor General either did not ask advice or acted in direct opposition + to advice. Mr Maddock was with his lordship as acting Secretary. Now I + know enough of Mr Maddock to be quite certain that he never counselled the + Governor General to publish such a paper. I will pawn my life that he + either was never called upon to give an opinion, or that he gave an + opinion adverse to the course which has been taken. No Governor General + who was on good terms with the civil service would have been, I may say, + permitted to expose himself thus. Lord William Bentinck and Lord Auckland + were, to be sure, the last men in the world to think of doing such a thing + as this. But if either of those noble lords, at some unlucky moment when + he was not quite himself, when his mind was thrown off the balance by the + pride and delight of an extraordinary success, had proposed to put forth + such a proclamation, he would have been saved from committing so great a + mistake by the respectful but earnest remonstrances of those in whom he + placed confidence, and who were solicitous for his honour. From the + appearance of this proclamation, therefore, I infer that the terms on + which Lord Ellenborough is with the civil servants of the Company are such + that those servants could not venture to offer him counsel when he most + needed it. + </p> + <p> + For these reasons, Sir, I think the noble lord unfit for high public + trust. Let us, then, consider the nature of the public trust which is now + reposed in him. Are gentlemen aware that, even when he is at Calcutta, + surrounded by his councillors, his single voice can carry any resolution + concerning the executive administration against them all? They can object: + they can protest: they can record their opinions in writing, and can + require him to give in writing his reasons for persisting in his own + course: but they must then submit. On the most important questions, on the + question whether a war shall be declared, on the question whether a treaty + shall be concluded, on the question whether the whole system of land + revenue established in a great province shall be changed, his single vote + weighs down the votes of all who sit at the Board with him. The right + honourable Baronet opposite is a powerful minister, a more powerful + minister than any that we have seen during many years. But I will venture + to say that his power over the people of England is nothing when compared + with the power which the Governor General possesses over the people of + India. Such is Lord Ellenborough's power when he is with his council, and + is to some extent held in check. But where is he now? He has given his + council the slip. He is alone. He has near him no person who is entitled + and bound to offer advice, asked or unasked: he asks no advice: and you + cannot expect men to outstep the strict line of their official duty by + obtruding advice on a superior by whom it would be ungraciously received. + The danger of having a rash and flighty Governor General is sufficiently + serious at the very best. But the danger of having such a Governor General + up the country, eight or nine hundred miles from any person who has a + right to remonstrate with him, is fearful indeed. Interests so vast, that + the most sober language in which they can be described sounds + hyperbolical, are entrusted to a single man; to a man who, whatever his + parts may be, and they are doubtless considerable, has shown an + indiscretion and temerity almost beyond belief; to a man who has been only + a few months in India; to a man who takes no counsel with those who are + well acquainted with India. + </p> + <p> + I cannot sit down without addressing myself to those Directors of the East + India Company who are present. I exhort them to consider the heavy + responsibility which rests on them. They have the power to recall Lord + Ellenborough; and I trust that they will not hesitate to exercise that + power. This is the advice of one who has been their servant, who has + served them loyally, and who is still sincerely anxious for their credit + and for the welfare of the empire of which they are the guardians. But if, + from whatever cause, they are unwilling to recall the noble lord, then I + implore them to take care that he be immediately ordered to return to + Calcutta. Who can say what new freak we may hear of by the next mail? I am + quite confident that neither the Court of Directors nor Her Majesty's + Ministers can look forward to the arrival of that mail without great + uneasiness. Therefore I say, send Lord Ellenborough back to Calcutta. + There at least he will find persons who have a right to advise him and to + expostulate with him, and who will, I doubt not, have also the spirit to + do so. It is something that he will be forced to record his reasons for + what he does. It is something that he will be forced to hear reasons + against his propositions. It is something that a delay, though only of + twenty-four hours, will be interposed between the first conception of a + wild scheme and the execution. I am afraid that these checks will not be + sufficient to prevent much evil: but they are not absolutely nugatory. I + entreat the Directors to consider in what a position they will stand if, + in consequence of their neglect, some serious calamity should befall the + country which is confided to their care. I will only say, in conclusion, + that, if there be any use in having a Council of India, if it be not meant + that the members of Council should draw large salaries for doing nothing, + if they are really appointed for the purpose of assisting and restraining + the Governor, it is to the last degree absurd that their powers should be + in abeyance when there is a Governor who, of all the Governors that ever + England sent to the East, stands most in need both of assistance and of + restraint. + </p> + <hr /> + <p> + <a name="link2H_4_0022" id="link2H_4_0022"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THE STATE OF IRELAND. (FEBRUARY 19, 1844) A SPEECH DELIVERED IN THE HOUSE + OF COMMONS ON THE 19TH OF FEBRUARY 1844. + </h2> + <p> + On the thirteenth of February 1844, Lord John Russell moved for a + Committee of the whole House to take into consideration the state of + Ireland. After a discussion of nine nights the motion was rejected by 324 + votes to 225. On the fifth night of the debate the following Speech was + made. + </p> + <p> + I cannot refrain, Sir, from congratulating you and the House that I did + not catch your eye when I rose before. I should have been extremely sorry + to have prevented any Irish member from addressing the House on a question + so interesting to Ireland, but peculiarly sorry to have stood in the way + of the honourable gentleman who to-night pleaded the cause of his country + with so much force and eloquence. (Mr J. O'Brien.) + </p> + <p> + I am sorry to say that I cannot reconcile it to my conscience to follow + the advice which has been just given me by my honourable friend the Member + for Pomfret (Mr R. Milnes.), with all the authority which, as he has + reminded us, belongs to his venerable youth. I cannot at all agree with + him in thinking that the wisest thing that we can do is to suffer Her + Majesty's Ministers to go on in their own way, seeing that the way in + which they have long been going on is an exceedingly bad one. I support + the motion of my noble friend for these plain reasons. + </p> + <p> + First, I hold that Ireland is in a most unsatisfactory, indeed in a most + dangerous, state. + </p> + <p> + Secondly, I hold that for the state in which Ireland is Her Majesty's + Ministers are in a great measure accountable, and that they have not + shown, either as legislators, or as administrators, that they are capable + of remedying the evils which they have caused. + </p> + <p> + Now, Sir, if I make out these two propositions, it will follow that it is + the constitutional right and duty of the representatives of the nation to + interfere; and I conceive that my noble friend, by moving for a Committee + of the whole House, has proposed a mode of interference which is both + parliamentary and convenient. + </p> + <p> + My first proposition, Sir, will scarcely be disputed. Both sides of the + House are fully agreed in thinking that the condition of Ireland may well + excite great anxiety and apprehension. That island, in extent about one + fourth of the United Kingdom, in population more than one-fourth, superior + probably in natural fertility to any area of equal size in Europe, + possessed of natural facilities for trade such as can nowhere else be + found in an equal extent of coast, an inexhaustible nursery of gallant + soldiers, a country far more important to the prosperity, the strength, + the dignity of this great empire than all our distant dependencies + together, than the Canadas and the West Indies added to Southern Africa, + to Australasia, to Ceylon, and to the vast dominions of the Moguls, that + island, Sir, is acknowledged by all to be so ill affected and so turbulent + that it must, in any estimate of our power, be not added but deducted. You + admit that you govern that island, not as you govern England and Scotland, + but as you govern your new conquests in Scinde; not by means of the + respect which the people feel for the laws, but by means of bayonets, of + artillery, of entrenched camps. + </p> + <p> + My first proposition, then, I take to be conceded. Ireland is in a + dangerous state. The question which remains to be considered is, whether + for the state in which Ireland is Her Majesty's Ministers are to be held + accountable. + </p> + <p> + Now, Sir, I at once admit that the distempers of Ireland must in part be + attributed to causes for which neither Her Majesty's present Ministers nor + any public men now living can justly be held accountable. I will not + trouble the House with a long dissertation on those causes. But it is + necessary, I think, to take at least a rapid glance at them: and in order + to do so, Sir, we must go back to a period not only anterior to the birth + of the statesmen who are now arrayed against each other on the right and + left of your chair, but anterior to the birth even of the great parties of + which those statesmen are the leaders; anterior to the days when the names + of Tory and Whig, of court party and country party, of cavalier and + roundhead, came into use; anterior to the existence of those Puritans to + whom the honourable Member for Shrewsbury (Mr Disraeli.), in a very + ingenious speech, ascribed all the calamities of Ireland. + </p> + <p> + The primary cause is, no doubt, the manner in which Ireland became subject + to the English crown. The annexation was effected by conquest, and by + conquest of a peculiar kind. It was not a conquest such as we have been + accustomed to see in modern Europe. It was not a conquest like that which + united Artois and Franche Comte to France, or Silesia to Prussia. It was + the conquest of a race by a race, such a conquest as that which + established the dominion of the Spaniard over the American Indian, or of + the Mahratta over the peasant of Guzerat or Tanjore. Of all forms of + tyranny, I believe that the worst is that of a nation over a nation. + Populations separated by seas and mountain ridges may call each other + natural enemies, may wage long wars with each other, may recount with + pride the victories which they have gained over each other, and point to + the flags, the guns, the ships which they have won from each other. But no + enmity that ever existed between such populations approaches in bitterness + the mutual enmity felt by populations which are locally intermingled, but + which have never morally and politically amalgamated; and such were the + Englishry and the Irishry. Yet it might have been hoped that the lapse of + time and the progress of civilisation would have effaced the distinction + between the oppressors and the oppressed. Our island had suffered cruelly + from the same evil. Here the Saxon had trampled on the Celt, the Dane on + the Saxon, the Norman on Celt, Saxon, and Dane. Yet in the course of ages + all the four races had been fused together to form the great English + people. A similar fusion would probably have taken place in Ireland, but + for the Reformation. The English settlers adopted the Protestant doctrines + which were received in England. The Aborigines alone, among all the + nations of the north of Europe, adhered to the ancient faith. Thus the + line of demarcation between the two populations was deepened and widened. + The old enmity was reinforced by a new enmity stronger still. Then came + those events to which the honourable Member for Shrewsbury referred. The + spirit of liberty in England was closely allied with the spirit of + Puritanism, and was mortally hostile to the Papacy. Such men as Hampden, + Vane, Milton, Locke, though zealous generally for civil and spiritual + freedom, yet held that the Roman Catholic worship had no claim to + toleration. On the other hand, all the four kings of the House of Stuart + showed far more favour to Roman Catholics than to any class of Protestant + nonconformists. James the First at one time had some hopes of effecting a + reconciliation with the Vatican. Charles the First entered into secret + engagements to grant an indulgence to Roman Catholics. Charles the Second + was a concealed Roman Catholic. James the Second was an avowed Roman + Catholic. Consequently, through the whole of the seventeenth century, the + freedom of Ireland and the slavery of England meant the same thing. The + watchwords, the badges, the names, the places, the days, which in the mind + of an Englishman were associated with deliverance, prosperity, national + dignity, were in the mind of an Irishman associated with bondage, ruin, + and degradation. The memory of William the Third, the anniversary of the + battle of the Boyne, are instances. I was much struck by a circumstance + which occurred on a day which I have every reason to remember with + gratitude and pride, the day on which I had the high honour of being + declared one of the first two members for the great borough of Leeds. My + chair was covered with orange ribands. The horses which drew it could + hardly be seen for the profusion of orange-coloured finery with which they + were adorned. Orange cockades were in all the hats; orange favours at all + the windows. And my supporters, I need not say, were men who had, like + myself, been zealous for Catholic emancipation. I could not help remarking + that the badge seemed rather incongruous. But I was told that the friends + of Catholic emancipation in Yorkshire had always rallied under the orange + banner, that orange was the colour of Sir George Savile, who brought in + that bill which caused the No Popery riots of 1780, and that the very + chair in which I sate was the chair in which Lord Milton, now Earl + Fitzwilliam, had triumphed after the great victory which he won in 1807 + over the No Popery party, then headed by the house of Harewood. I thought + how different an effect that procession would have produced at Limerick or + Cork, with what howls of rage and hatred the Roman Catholic population of + those cities would have pursued that orange flag which, to every Roman + Catholic in Yorkshire, was the memorial of contests maintained in favour + of his own dearest rights. This circumstance, however slight, well + illustrates the singular contrast between the history of England and the + history of Ireland. + </p> + <p> + Well, Sir, twice during the seventeenth century the Irish rose up against + the English colony. Twice they were completely put down; and twice they + were severely chastised. The first rebellion was crushed by Oliver + Cromwell; the second by William the Third. Those great men did not use + their victory exactly in the same way. The policy of Cromwell was wise, + and strong, and straightforward, and cruel. It was comprised in one word, + which, as Clarendon tells us, was often in the mouths of the Englishry of + that time. That word was extirpation. The object of Cromwell was to make + Ireland thoroughly Anglo-Saxon and Protestant. If he had lived twenty + years longer he might perhaps have accomplished that work: but he died + while it was incomplete; and it died with him. The policy of William, or + to speak more correctly, of those whose inclinations William was under the + necessity of consulting, was less able, less energetic, and, though more + humane in seeming, perhaps not more humane in reality. Extirpation was not + attempted. The Irish Roman Catholics were permitted to live, to be + fruitful, to replenish the earth: but they were doomed to be what the + Helots were in Sparta, what the Greeks were under the Ottoman, what the + blacks now are at New York. Every man of the subject caste was strictly + excluded from public trust. Take what path he might in life, he was + crossed at every step by some vexatious restriction. It was only by being + obscure and inactive that he could, on his native soil, be safe. If he + aspired to be powerful and honoured, he must begin by being an exile. If + he pined for military glory, he might gain a cross or perhaps a Marshal's + staff in the armies of France or Austria. If his vocation was to politics, + he might distinguish himself in the diplomacy of Italy or Spain. But at + home he was a mere Gibeonite, a hewer of wood and a drawer of water. The + statute book of Ireland was filled with enactments which furnish to the + Roman Catholics but too good a ground for recriminating on us when we talk + of the barbarities of Bonner and Gardiner; and the harshness of those + odious laws was aggravated by a more odious administration. For, bad as + the legislators were, the magistrates were worse still. In those evil + times originated that most unhappy hostility between landlord and tenant, + which is one of the peculiar curses of Ireland. Oppression and turbulence + reciprocally generated each other. The combination of rustic tyrants was + resisted by gangs of rustic banditti. Courts of law and juries existed + only for the benefit of the dominant sect. Those priests who were revered + by millions as their natural advisers and guardians, as the only + authorised expositors of Christian truth, as the only authorised + dispensers of the Christian sacraments, were treated by the squires and + squireens of the ruling faction as no good-natured man would treat the + vilest beggar. In this manner a century passed away. Then came the French + Revolution and the great awakening of the mind of Europe. It would have + been wonderful indeed if, when the happiest and most tranquil nations were + agitated by vague discontents and vague hopes, Ireland had remained at + rest. Jacobinism, it is true, was not a very natural ally of the Roman + Catholic religion. But common enmities produce strange coalitions; and a + strange coalition was formed. There was a third great rising of the + aboriginal population of the island against English and Protestant + ascendency. That rising was put down by the sword; and it became the duty + of those who were at the head of affairs to consider how the victory + should be used. + </p> + <p> + I shall not be suspected of being partial to the memory of Mr Pitt. But I + cannot refuse to him the praise both of wisdom and of humanity, when I + compare the plan which he formed in that hour of triumph with the plans of + those English rulers who had before him governed Ireland. Of Mr Pitt's + plan the Union was a part, an excellent and an essential part indeed, but + still only a part. We shall do great injustice both to his head and to his + heart, if we forget that he was permitted to carry into effect only some + unconnected portions of a comprehensive and well-concerted scheme. He + wished to blend, not only the parliaments, but the nations, and to make + the two islands one in interest and affection. With that view the Roman + Catholic disabilities were to be removed: the Roman Catholic priests were + to be placed in a comfortable and honourable position; and measures were + to be taken for the purpose of giving to Roman Catholics the benefits of + liberal education. In truth, Mr Pitt's opinions on those subjects had, to + a great extent, been derived from a mind even more powerful and capacious + than his own, from the mind of Mr Burke. If the authority of these two + great men had prevailed, I believe that the Union with Ireland would now + have been as secure, and as much beyond the reach of agitation, as the + Union with Scotland. The Parliament in College Green would have been + remembered as what it was, the most tyrannical, the most venal, the most + unprincipled assembly that ever sate on the face of this earth. I do not + think that, by saying this, I can give offence to any gentleman from + Ireland, however zealous for Repeal he may be: for I only repeat the + language of Wolfe Tone. Wolfe Tone said that he had seen more deliberative + assemblies than most men; that he had seen the English Parliament, the + American Congress, the French Council of Elders and Council of Five + Hundred, the Batavian Convention; but that he had nowhere found anything + like the baseness and impudence of the scoundrels, as he called them, at + Dublin. If Mr Pitt's whole plan had been carried into execution, that + infamous parliament, that scandal to the name of parliament, would have + perished unregretted; and the last day of its existence would have been + remembered by the Roman Catholics of Ireland as the first day of their + civil and religious liberty. The great boon which he would have conferred + on them would have been gratefully received, because it could not have + been ascribed to fear, because it would have been a boon bestowed by the + powerful on the weak, by the victor on the vanquished. Unhappily, of all + his projects for the benefit of Ireland the Union alone was carried into + effect; and therefore that Union was an Union only in name. The Irish + found that they had parted with at least the name and show of + independence, and that for this sacrifice of national pride they were to + receive no compensation. The Union, which ought to have been associated in + their minds with freedom and justice, was associated only with + disappointed hopes and forfeited pledges. Yet it was not even then too + late. It was not too late in 1813. It was not too late in 1821. It was not + too late in 1825. Yes: if, even in 1825, some men who then were, as they + now are, high in the service of the crown, could have made up their minds + to do what they were forced to do four years later, that great work of + conciliation which Mr Pitt had meditated might have been accomplished. The + machinery of agitation was not yet fully organized: the Government was + under no strong pressure; and therefore concession might still have been + received with thankfulness. That opportunity was suffered to escape; and + it never returned. + </p> + <p> + In 1829, at length, concessions were made, were made largely, were made + without the conditions which Mr Pitt would undoubtedly have demanded, and + to which, if demanded by Mr Pitt, the whole body of Roman Catholics would + have eagerly assented. But those concessions were made reluctantly, made + ungraciously, made under duress, made from the mere dread of civil war. + How then was it possible that they should produce contentment and repose? + What could be the effect of that sudden and profuse liberality following + that long and obstinate resistance to the most reasonable demands, except + to teach the Irishman that he could obtain redress only by turbulence? + Could he forget that he had been, during eight and twenty years, + supplicating Parliament for justice, urging those unanswerable arguments + which prove that the rights of conscience ought to be held sacred, + claiming the performance of promises made by ministers and princes, and + that he had supplicated, argued, claimed the performance of promises in + vain? Could he forget that two generations of the most profound thinkers, + the most brilliant wits, the most eloquent orators, had written and spoken + for him in vain? Could he forget that the greatest statesman who took his + part had paid dear for their generosity? Mr Pitt endeavoured to redeem his + pledge; and he was driven from office. Lord Grey and Lord Grenville + endeavoured to do but a very small part of what Mr Pitt had thought right + and expedient; and they were driven from office. Mr Canning took the same + side; and his reward was to be worried to death by the party of which he + was the brightest ornament. At length, when he was gone, the Roman + Catholics began to look, not to cabinets and parliaments, but to + themselves. They displayed a formidable array of physical force, and yet + kept within, just within, the limits of the law. The consequence was that, + in two years, more than any prudent friend had ventured to demand for them + was granted to them by their enemies. Yes; within two years after Mr + Canning had been laid in the transept near us, all that he would have + done, and more than he could have done, was done by his persecutors. How + was it possible that the whole Roman Catholic population of Ireland should + not take up the notion that from England, or at least from the party which + then governed and which now governs England, nothing is to be got by + reason, by entreaty, by patient endurance, but everything by intimidation? + That tardy repentance deserved no gratitude, and obtained none. The whole + machinery of agitation was complete and in perfect order. The leaders had + tasted the pleasures of popularity; the multitude had tasted the pleasures + of excitement. Both the demagogue and his audience felt a craving for the + daily stimulant. Grievances enough remained, God knows, to serve as + pretexts for agitation: and the whole conduct of the Government had led + the sufferers to believe that by agitation alone could any grievance be + removed. + </p> + <p> + Such, Sir, is the history of the rise and progress of the disorders of + Ireland. Misgovernment, lasting without interruption from the reign of + Henry the Second to the reign of William the Fourth, has left us an + immense mass of discontent, which will, no doubt, in ordinary times, make + the task of any statesman whom the Queen may call to power sufficiently + difficult. But though this be true, it is not less true, that the + immediate causes of the extraordinary agitation which alarms us at this + moment is to be found in the misconduct of Her Majesty's present advisers. + For, Sir, though Ireland is always combustible, Ireland is not always on + fire. We must distinguish between the chronic complaints which are to be + attributed to remote causes, and the acute attack which is brought on by + recent imprudence. For though there is always a predisposition to disease + in that unhappy society, the violent paroxysms come only at intervals. I + must own that I am indebted for some of my imagery to the right honourable + Baronet the First Lord of the Treasury. When he sate on this bench, and + was only a candidate for the great place which he now fills, he compared + himself to a medical man at the bedside of a patient. Continuing his + metaphor, I may say that his prognosis, his diagnosis, his treatment, have + all been wrong. I do not deny that the case was difficult. The sufferer + was of a very ill habit of body, and had formerly suffered many things of + many physicians, and, among others, I must say, of the right honourable + Baronet himself. Still the malady had, a very short time ago, been got + under, and kept under by the judicious use of lenitives; and there was + reason to hope that if that salutary regimen had been steadily followed, + there would have been a speedy improvement in the general health. + Unhappily, the new State hygeist chose to apply irritants which have + produced a succession of convulsive fits, each more violent than that + which preceded it. To drop the figure, it is impossible to doubt that Lord + Melbourne's government was popular with the great body of the Roman + Catholics of Ireland. It is impossible to doubt that the two Viceroys whom + he sent to Ireland were more loved and honoured by the Irish people than + any Viceroys before whom the sword of state has ever been borne. Under the + late Government, no doubt, the empire was threatened by many dangers; but, + to whatever quarter the Ministers might look with uneasy apprehension, to + Ireland they could always look with confidence. When bad men raised + disturbances here, when a Chartist rabble fired on the Queen's soldiers, + numerous regiments could, without the smallest risk, be spared from + Ireland. When a rebellion broke out in one of our colonies,—a + rebellion too which it might have been expected that the Irish would + regard with favour, for it was a rebellion of Roman Catholics against + Protestant rulers,—even then Ireland was true to the general + interests of the empire, and troops were sent from Munster and Connaught + to put down insurrection in Canada. No person will deny that if, in 1840, + we had unhappily been forced into war, and if a hostile army had landed in + Bantry Bay, the whole population of Cork and Tipperary would have risen up + to defend the throne of Her Majesty, and would have offered to the + invaders a resistance as determined as would have been offered by the men + of Kent or Norfolk. And by what means was this salutary effect produced? + Not by great legislative reforms: for, unfortunately, that Government, + though it had the will, had not the power to carry such reforms against + the sense of a strong minority in this House, and of a decided majority of + the Peers. No, Sir; this effect was produced merely by the wisdom, + justice, and humanity with which the existing law, defective as it might + be, was administered. The late Government, calumniated and thwarted at + every turn, contending against the whole influence of the Established + Church, and of the great body of the nobility and landed gentry, yet did + show a disposition to act kindly and fairly towards Ireland, and did, to + the best of its power, treat Protestants and Roman Catholics alike. If we + had been as strong as our successors in parliamentary support, if we had + been able to induce the two Houses to follow in legislation the same + principles by which we were guided in administration, the Union with + Ireland would now have been as secure from the assaults of agitators as + the Union with Scotland. But this was not to be. During six years an + opposition, formidable in numbers, formidable in ability, selected as the + especial object of the fiercest and most pertinacious attacks those very + acts of the Government which had, after centuries of mutual animosity, + half reconciled the two islands. Those Lords Lieutenant who, in Ireland, + were venerated as no preceding Lord Lieutenant had ever been venerated, + were here reviled as no preceding Lord Lieutenant had ever been reviled. + Every action, every word which was applauded by the nation committed to + their care, was here imputed to them as a crime. Every bill framed by the + advisers of the Crown for the benefit of Ireland was either rejected or + mutilated. A few Roman Catholics of distinguished merit were appointed to + situations which were indeed below their just claims, but which were + higher than any member of their Church had filled during many generations. + Two or three Roman Catholics were sworn of the Council; one took his seat + at the Board of Treasury; another at the Board of Admiralty. There was + great joy in Ireland; and no wonder. What had been done was not much; but + the ban had been taken off; the Emancipation Act, which had been little + more than a dead letter, was at length a reality. But in England all the + underlings of the great Tory party set up a howl of rage and hatred worthy + of Lord George Gordon's No Popery mob. The right honourable Baronet now at + the head of the Treasury, with his usual prudence, abstained from joining + in the cry, and was content to listen to it, to enjoy it, and to profit by + it. But some of those who ranked next to him among the chiefs of the + opposition, did not imitate his politic reserve. One great man denounced + the Irish as aliens. Another called them minions of Popery. Those teachers + of religion to whom millions looked up with affection and reverence were + called by the Protestant press demon priests and surpliced ruffians, and + were denounced from the Protestant pulpit as pontiffs of Baal, as false + prophets who were to be slain with the sword. We were reminded that a + Queen of the chosen people had in the old time patronised the ministers of + idolatry, and that her blood had been given to the dogs. Not content with + throwing out or frittering down every law beneficial to Ireland, not + content with censuring in severe terms every act of the executive + government which gave satisfaction in Ireland, you, yes you, who now fill + the great offices of state, assumed the offensive. From obstruction you + proceeded to aggression. You brought in a bill which you called a Bill for + the Registration of Electors in Ireland. We then told you that it was a + bill for the wholesale disfranchisement of the electors of Ireland. We + then proved incontrovertibly that, under pretence of reforming the law of + procedure, you were really altering the substantive law; that, by making + it impossible for any man to vindicate his right to vote without trouble, + expense, and loss of time, you were really taking away the votes of tens + of thousands. You denied all this then. You very coolly admit it all now. + Am I to believe that you did know it as well in 1841 as in 1844? Has one + new fact been brought to light? Has one argument been discovered which was + not, three or four years ago, urged twenty, thirty, forty times in this + House? Why is it that you have, when in power, abstained from proposing + that change in the mode of registration which, when you were out of power, + you represented as indispensable? You excuse yourselves by saying that now + the responsibilities of office are upon you. In plain words, your trick + has served its purpose. Your object,—for I will do justice to your + patriotism,—your object was not to ruin your country, but to get in; + and you are in. Such public virtue deserved such a reward, a reward which + has turned out a punishment, a reward which ought to be, while the world + lasts, a warning to unscrupulous ambition. Many causes contributed to + place you in your present situation. But the chief cause was, beyond all + doubt, the prejudice which you excited amongst the English against the + just and humane manner in which the late Ministers governed Ireland. In + your impatience for office, you called up the devil of religious + intolerance, a devil more easily evoked than dismissed. He did your work; + and he holds your bond. You once found him an useful slave: but you have + since found him a hard master. It was pleasant, no doubt, to be applauded + by high churchmen and low churchmen, by the Sheldonian Theatre and by + Exeter Hall. It was pleasant to be described as the champions of the + Protestant faith, as the men who stood up for the Gospel against that + spurious liberality which made no distinction between truth and falsehood. + It was pleasant to hear your opponents called by every nickname that is to + be found in the foul vocabulary of the Reverend Hugh Mcneill. It was + pleasant to hear that they were the allies of Antichrist, that they were + the servants of the man of sin, that they were branded with the mark of + the Beast. But when all this slander and scurrility had raised you to + power, when you found that you had to manage millions of those who had + been, year after year, constantly insulted and defamed by yourselves and + your lacqueys, your hearts began to fail you. Now you tell us that you + have none but kind and respectful feelings towards the Irish Roman + Catholics, that you wish to conciliate them, that you wish to carry the + Emancipation Act into full effect, that nothing would give you more + pleasure than to place on the bench of justice a Roman Catholic lawyer of + conservative politics, that nothing would give you more pleasure than to + place at the Board of Treasury, or at the Board of Admiralty, some Roman + Catholic gentleman of conservative politics, distinguished by his talents + for business or debate. Your only reason, you assure us, for not promoting + Roman Catholics is that all the Roman Catholics are your enemies; and you + ask whether any Minister can be expected to promote his enemies. For my + part I do not doubt that you would willingly promote Roman Catholics: for, + as I have said, I give you full credit for not wishing to do your country + more harm than is necessary for the purpose of turning out and keeping out + the Whigs. I also fully admit that you cannot be blamed for not promoting + your enemies. But what I want to know is, how it happens that all the + Roman Catholics in the United Kingdom are your enemies. Was such a thing + ever heard of before? Here are six or seven millions of people of all + professions, of all trades, of all grades of rank, fortune, intellect, + education. Begin with the premier Peer, the Earl Marshal of the realm, the + chief of the Howards, the heir of the Mowbrays and Fitzalans, and go down + through earls, barons, baronets, lawyers, and merchants, to the very + poorest peasant that eats his potatoes without salt in Mayo; and all these + millions to a man are arrayed against the Government. How do you explain + this? Is there any natural connection between the Roman Catholic theology + and the political theories held by Whigs and by reformers more + democratical than the Whigs? Not only is there no natural connection, but + there is a natural opposition. Of all Christian sects the Roman Catholic + Church holds highest the authority of antiquity, of tradition, of + immemorial usage. Her spirit is eminently conservative, nay, in the + opinion of all Protestants, conservative to an unreasonable and pernicious + extent. A man who has been taught from childhood to regard with horror all + innovation in religion is surely less likely than another man to be a bold + innovator in politics. It is probable that a zealous Roman Catholic, if + there were no disturbing cause, would be a Tory; and the Roman Catholics + were all Tories till you persecuted them into Whiggism and Radicalism. In + the civil war, how many Roman Catholics were there in Fairfax's army? I + believe, not one. They were all under the banner of Charles the First. + When a reward of five thousand pounds was offered for Charles the Second + alive or dead, when to conceal him was to run a most serious risk of the + gallows, it was among Roman Catholics that he found shelter. It has been + the same in other countries. When everything else in France was prostrate + before the Jacobins, the Roman Catholic peasantry of Brittany and Poitou + still stood up for the House of Bourbon. Against the gigantic power of + Napoleon, the Roman Catholic peasantry of the Tyrol maintained unaided the + cause of the House of Hapsburg. It would be easy to multiply examples. And + can we believe, in defiance of all reason and of all history, that, if the + Roman Catholics of the United Kingdom had been tolerably well governed, + they would not have been attached to the Government? In my opinion the + Tories never committed so great an error as when they scourged away and + spurned away the Roman Catholics. Mr Burke understood this well. The + sentiment which, towards the close of his life, held the entire possession + of his mind, was a horror,—a morbid horror it at last became,—of + Jacobinism, and of everything that seemed to him to tend towards + Jacobinism, and, like a great statesman and philosopher,—for such he + was even in his errors,—he perceived, and he taught Mr Pitt to + perceive, that, in the war against Jacobinism, the Roman Catholics were + the natural allies of royalty and aristocracy. But the help of these + allies was contumeliously rejected by those politicians who make + themselves ridiculous by carousing on Mr Pitt's birthday, while they + abjure all Mr Pitt's principles. The consequence is, as you are forced to + own, that there is not in the whole kingdom a Roman Catholic of note who + is your friend. Therefore, whatever your inclinations may be, you must + intrust power in Ireland to Protestants, to Ultra-Protestants, to men who, + whether they belong to Orange lodges or not, are in spirit Orangemen. + Every appointment which you make increases the discontent of the Roman + Catholics. The more discontented they are, the less you can venture to + employ them. The way in which you treated them while you were in + opposition has raised in them such a dislike and distrust of you that you + cannot carry the Emancipation Act into effect, though, as you tell us, and + as I believe, you sincerely desire to do so. As respects the offices of + which you dispose, that Act is null and void. Of all the boons which that + Act purports to bestow on Roman Catholics they really enjoy only one, + admission to Parliament: and that they would not enjoy if you had been + able three years ago to carry your Irish Registration Bill. You have + wounded national feeling: you have wounded religious feeling: and the + animosity which you have roused shows itself in a hundred ways, some of + which I abhor, some of which I lament, but at none of which I can wonder. + They are the natural effects of insult and injury on quick and ill + regulated sensibility. You, for your own purposes, inflamed the public + mind of England against Ireland; and you have no right to be surprised by + finding that the public mind of Ireland is inflamed against England. You + called a fourth part of the people of the United Kingdom aliens: and you + must not blame them for feeling and acting like aliens. You have filled + every public department with their enemies. What then could you expect but + that they would set up against your Lord Lieutenant and your official + hierarchy a more powerful chief and a more powerful organization of their + own? They remember, and it would be strange indeed if they had forgotten, + what under the same chief, and by a similar organization, they extorted + from you in 1829; and they are determined to try whether you are bolder + and more obstinate now than then. + </p> + <p> + Such are the difficulties of this crisis. To a great extent they are of + your own making. And what have you done in order to get out of them? Great + statesmen have sometimes committed great mistakes, and yet have by wisdom + and firmness extricated themselves from the embarrassments which those + mistakes had caused. Let us see whether you are entitled to rank among + such statesmen. And first, what,—commanding, as you do, a great + majority in this and in the other House of Parliament,—what have you + done in the way of legislation? The answer is very short and simple. The + beginning and end of all your legislation for Ireland will be found in the + Arms Act of last session. You will hardly call that conciliation; and I + shall not call it coercion. It was mere petty annoyance. It satisfied + nobody. We called on you to redress the wrongs of Ireland. Many of your + own friends called on you to stifle her complaints. One noble and learned + person was so much disgusted by your remissness that he employed his own + great abilities and his own valuable time in framing a new coercion bill + for you. You were deaf alike to us and to him. The whole fruit of your + legislative wisdom was this one paltry teasing police regulation. + </p> + <p> + Your executive administration through the whole recess has been one long + blunder. The way in which your Lord Lieutenant and his advisers acted + about the Clontarf meeting would alone justify a severe vote of censure. + The noble lord, the Secretary for the Colonies (Lord Stanley.), has told + us that the Government did all that was possible to caution the people + against attending that meeting, and that it would be unreasonable to + censure men for not performing impossibilities. Now, Sir, the ministers + themselves acknowledge that, as early as the morning of the Friday which + preceded the day fixed for the meeting, the Lord Lieutenant determined to + put forth a proclamation against the meeting. Yet the proclamation was not + published in Dublin and the suburbs till after nightfall on Saturday. The + meeting was fixed for the Sunday morning. Will any person have the + hardihood to assert that it was impossible to have a proclamation drawn + up, printed and circulated, in twenty-four hours, nay in six hours? It is + idle to talk of the necessity of weighing well the words of such a + document. The Lord Lieutenant should have weighed well the value of the + lives of his royal mistress's subjects. Had he done so, there can be no + doubt that the proclamation might have been placarded on every wall in and + near Dublin early in the forenoon of the Saturday. The negligence of the + Government would probably have caused the loss of many lives but for the + interposition of the man whom you are persecuting. Fortune stood your + friend; and he stood your friend; and thus a slaughter more terrible than + that which took place twenty-five years ago at Manchester was averted. + </p> + <p> + But you were incorrigible. No sooner had you, by strange good luck, got + out of one scrape, than you made haste to get into another, out of which, + as far as I can see, you have no chance of escape. You instituted the most + unwise, the most unfortunate of all state prosecutions. You seem not to + have at all known what you were doing. It appears never to have occurred + to you that there was any difference between a criminal proceeding which + was certain to fix the attention of the whole civilised world and an + ordinary qui tam action for a penalty. The evidence was such and the law + such that you were likely to get a verdict and a judgment; and that was + enough for you. Now, Sir, in such a case as this, the probability of + getting the verdict and the judgment is only a part, and a very small + part, of what a statesman ought to consider. Before you determined to + bring the most able, the most powerful, the most popular of your opponents + to the bar as a criminal, on account of the manner in which he had opposed + you, you ought to have asked yourselves whether the decision which you + expected to obtain from the tribunals would be ratified by the voice of + your own country, of foreign countries, of posterity; whether the general + opinion of mankind might not be that, though you were legally in the + right, you were morally in the wrong. It was no common person that you + were bent on punishing. About that person I feel, I own, considerable + difficulty in saying anything. He is placed in a situation which would + prevent generous enemies, which has prevented all the members of this + House, with one ignominious exception, from assailing him acrimoniously. I + will try, in speaking of him, to pay the respect due to eminence and to + misfortune without violating the respect due to truth. I am convinced that + the end which he is pursuing is not only mischievous but unattainable: and + some of the means which he has stooped to use for the purpose of attaining + that end I regard with deep disapprobation. But it is impossible for me + not to see that the place which he holds in the estimation of his + countrymen is such as no popular leader in our history, I might perhaps + say in the history of the world, has ever attained. Nor is the interest + which he inspires confined to Ireland or to the United Kingdom. Go where + you will on the Continent: visit any coffee house: dine at any public + table: embark on board of any steamboat: enter any diligence, any railway + carriage: from the moment that your accent shows you to be an Englishman, + the very first question asked by your companions, be they what they may, + physicians, advocates, merchants, manufacturers, or what we should call + yeomen, is certain to be "What will be done with Mr O'Connell?" Look over + any file of French journals; and you will see what a space he occupies in + the eyes of the French people. It is most unfortunate, but it is a truth, + and a truth which we ought always to bear in mind, that there is among our + neighbours a feeling about the connection between England and Ireland not + very much unlike the feeling which exists here about the connection + between Russia and Poland. All the sympathies of all continental + politicians are with the Irish. We are regarded as the oppressors, and the + Irish as the oppressed. An insurrection in Ireland would have the good + wishes of a great majority of the people of Europe. And, Sir, it is + natural that it should be so. For the cause of the Irish repealers has two + different aspects, a democratic aspect, and a Roman Catholic aspect, and + is therefore regarded with favour by foreigners of almost every shade of + opinion. The extreme left,—to use the French nomenclature,—wishes + success to a great popular movement against the throne and the + aristocracy. The extreme right wishes success to a movement headed by the + bishops and priests of the true Church against a heretical government and + a heretical hierarchy. The consequence is that, in a contest with Ireland, + you will not have, out of this island, a single well-wisher in the world. + I do not say this in order to intimidate you. But I do say that, on an + occasion on which all Christendom was watching your conduct with an + unfriendly and suspicious eye, you should have carefully avoided + everything that looked like foul play. Unhappily you were too much bent on + gaining the victory; and you have gained a victory more disgraceful and + disastrous than any defeat. Mr O'Connell has been convicted: but you + cannot deny that he has been wronged: you cannot deny that irregularities + have been committed, or that the effect of those irregularities has been + to put you in a better situation and him in a worse situation than the law + contemplated. It is admitted that names which ought to have been in the + jury-list were not there. It is admitted that all, or almost all, the + names which were wrongfully excluded were the names of Roman Catholics. As + to the number of those who were wrongfully excluded there is some dispute. + An affidavit has been produced which puts the number at twenty-seven. The + right honourable gentleman, the Recorder of Dublin, who of course puts the + number as low as he conscientiously can, admits twenty-four. But some + gentlemen maintain that this irregularity, though doubtless blamable, + cannot have had any effect on the event of the trial. What, they ask, are + twenty or twenty-seven names in seven hundred and twenty? Why, Sir, a very + simple arithmetical calculation will show that the irregularity was of + grave importance. Of the seven hundred and twenty, forty-eight were to be + selected by lot, and then reduced by alternate striking to twelve. The + forty-eighth part of seven hundred and twenty is fifteen. If, therefore, + there had been fifteen more Roman Catholics in the jury-list, it would + have been an even chance that there would have been one Roman Catholic + more among the forty-eight. If there had been twenty-seven more Roman + Catholics in the list, it would have been almost an even chance that there + would have been two Roman Catholics more among the forty-eight. Is it + impossible, is it improbable that, but for this trick or this blunder,—I + will not now inquire which,—the result of the trial might have been + different? For, remember the power which the law gives to a single juror. + He can, if his mind is fully made up, prevent a conviction. I heard + murmurs when I used the word trick. Am I not justified in feeling a doubt + which it is quite evident that Mr Justice Perrin feels? He is reported to + have said,—and I take the report of newspapers favourable to the + Government,—he is reported to have said that there had been great + carelessness, great neglect of duty, that there were circumstances which + raised grave suspicion, and that he was not prepared to say that the + irregularity was accidental. The noble lord the Secretary for the Colonies + has admonished us to pay respect to the judges. I am sure that I pay the + greatest respect to everything that falls from Mr Justice Perrin. He must + know much better than I, much better than any Englishman, what artifices + are likely to be employed by Irish functionaries for the purpose of + packing a jury; and he tells us that he is not satisfied that this + irregularity was the effect of mere inadvertence. But, says the right + honourable Baronet, the Secretary for the Home Department, "I am not + responsible for this irregularity." Most true: and nobody holds the right + honourable Baronet responsible for it. But he goes on to say, "I lament + this irregularity most sincerely: for I believe that it has raised a + prejudice against the administration of justice." Exactly so. That is just + what I say. I say that a prejudice has been created against the + administration of justice. I say that a taint of suspicion has been thrown + on the verdict which you have obtained. And I ask whether it is right and + decent in you to avail yourselves of a verdict on which such a taint has + been thrown? The only wise, the only honourable course open to you was to + say, "A mistake has been committed: that mistake has given us an unfair + advantage; and of that advantage we will not make use." Unhappily, the + time when you might have taken this course, and might thus to a great + extent have repaired your former errors, has been suffered to elapse. + </p> + <p> + Well, you had forty-eight names taken by lot from this mutilated + jury-list: and then came the striking. You struck out all the Roman + Catholic names: and you give us your reasons for striking out these names, + reasons which I do not think it worth while to examine. The real question + which you should have considered was this: Can a great issue between two + hostile religions,—for such the issue was,—be tried in a + manner above all suspicion by a jury composed exclusively of men of one of + those religions? I know that in striking out the Roman Catholics you did + nothing that was not according to technical rules. But my great charge + against you is that you have looked on this whole case in a technical + point of view, that you have been attorneys when you should have been + statesmen. The letter of the law was doubtless with you; but not the noble + spirit of the law. The jury de medietate linguae is of immemorial + antiquity among us. Suppose that a Dutch sailor at Wapping is accused of + stabbing an Englishman in a brawl. The fate of the culprit is decided by a + mixed body, by six Englishmen and six Dutchmen. Such were the securities + which the wisdom and justice of our ancestors gave to aliens. You are + ready enough to call Mr O'Connell an alien when it serves your purposes to + do so. You are ready enough to inflict on the Irish Roman Catholic all the + evils of alienage. But the one privilege, the one advantage of alienage, + you deny him. In a case which of all cases most require a jury de + medietate, in a case which sprang out of the mutual hostility of races and + sects, you pack a jury all of one race and all of one sect. Why, if you + were determined to go on with this unhappy prosecution, not have a common + jury? There was no difficulty in having such a jury; and among the jurors + might have been some respectable Roman Catholics who were not members of + the Repeal Association. A verdict of Not Guilty from such a jury would + have done you infinitely less harm than the verdict of Guilty which you + have succeeded in obtaining. Yes, you have obtained a verdict of Guilty; + but you have obtained that verdict from twelve men brought together by + illegal means, and selected in such a manner that their decision can + inspire no confidence. You have obtained that verdict by the help of a + Chief Justice of whose charge I can hardly trust myself to speak. To do + him right, however, I will say that his charge was not, as it has been + called, unprecedented; for it bears a very close resemblance to some + charges which may be found in the state trials of the reign of Charles the + Second. However, with this jury-list, with this jury, with this judge, you + have a verdict. And what have you gained by it? Have you pacified Ireland? + No doubt there is just at the present moment an apparent tranquillity; but + it is a tranquillity more alarming than turbulence. The Irish will be + quiet till you begin to put the sentence of imprisonment into execution, + because, feeling the deepest interest in the fate of their persecuted + Tribune, they will do nothing that can be prejudicial to him. But will + they be quiet when the door of a gaol has been closed on him? Is it + possible to believe that an agitator, whom they adored while his agitation + was a source of profit to him, will lose his hold on their affections by + being a martyr in what they consider as their cause? If I, who am strongly + attached to the Union, who believe that the Repeal of the Union would be + fatal to the empire, and who think Mr O'Connell's conduct highly + reprehensible, cannot conscientiously say that he has had a fair trial, if + the prosecutors themselves are forced to own that things have happened + which have excited a prejudice against the verdict and the judgment, what + must be the feelings of the people of Ireland, who believe not merely that + he is guiltless, but that he is the best friend that they ever had? He + will no longer be able to harangue them: but his wrongs will stir their + blood more than his eloquence ever did; nor will he in confinement be able + to exercise that influence which has so often restrained them, even in + their most excited mood, from proceeding to acts of violence. + </p> + <p> + Turn where we will, the prospect is gloomy; and that which of all things + most disturbs me is this, that your experience, sharp as it has been, does + not seem to have made you wiser. All that I have been able to collect from + your declarations leads me to apprehend that, while you continue to hold + power, the future will be of a piece with the past. As to your executive + administration, you hold out no hope that it will be other than it has + been. If we look back, your only remedies for the disorders of Ireland + have been an impolitic state prosecution, an unfair state trial, barracks + and soldiers. If we look forward, you promise us no remedies but an unjust + sentence, the harsh execution of that sentence, more barracks and more + soldiers. + </p> + <p> + You do indeed try to hold out hopes of one or two legislative reforms + beneficial to Ireland; but these hopes, I am afraid, will prove delusive. + You hint that you have prepared a Registration bill, of which the effect + will be to extend the elective franchise. What the provisions of that bill + may be we do not know. But this we know, that the matter is one about + which it is utterly impossible for you to do anything that shall be at + once honourable to yourselves and useful to the country. Before we see + your plan, we can say with perfect confidence that it must either destroy + the last remnant of the representative system in Ireland, or the last + remnant of your own character for consistency. + </p> + <p> + About the much agitated question of land tenure you acknowledge that you + have at present nothing to propose. We are to have a report, but you + cannot tell us when. + </p> + <p> + The Irish Church, as at present constituted and endowed, you are fully + determined to uphold. On some future occasion, I hope to be able to + explain at large my views on that subject. To-night I have exhausted my + own strength, and I have exhausted also, I am afraid, the kind indulgence + of the House. I will therefore only advert very briefly to some things + which have been said about the Church in the course of the present debate. + </p> + <p> + Several gentlemen opposite have spoken of the religious discord which is + the curse of Ireland in language which does them honour; and I am only + sorry that we are not to have their votes as well as their speeches. But + from the Treasury bench we have heard nothing but this, that the + Established Church is there, and that there it must and shall remain. As + to the speech of the noble lord the Secretary for the Colonies, really + when we hear such a pitiable defence of a great institution from a man of + such eminent abilities, what inference can we draw but that the + institution is altogether indefensible? The noble lord tells us that the + Roman Catholics, in 1757, when they were asking to be relieved from the + penal laws, and in 1792, when they were asking to be relieved from civil + disabilities, professed to be quite willing that the Established Church + should retain its endowments. What is it to us, Sir, whether they did or + not? If you can prove this Church to be a good institution, of course it + ought to be maintained. But do you mean to say that a bad institution + ought to be maintained because some people who have been many years in + their graves said that they did not complain of it? What if the Roman + Catholics of the present generation hold a different language on this + subject from the Roman Catholics of the last generation? Is this + inconsistency, which appears to shock the noble lord, anything but the + natural and inevitable progress of all reform? People who are oppressed, + and who have no hope of obtaining entire justice, beg to be relieved from + the most galling part of what they suffer. They assure the oppressor that + if he will only relax a little of his severity they shall be quite + content; and perhaps, at the time, they believe that they shall be + content. But are expressions of this sort, are mere supplications uttered + under duress, to estop every person who utters them, and all his posterity + to the end of time, from asking for entire justice? Am I debarred from + trying to recover property of which I have been robbed, because, when the + robber's pistol was at my breast, I begged him to take everything that I + had and to spare my life? The noble lord knows well that, while the slave + trade existed, the great men who exerted themselves to put an end to that + trade disclaimed all thought of emancipating the negroes. In those days, + Mr Pitt, Mr Fox, Lord Grenville, Lord Grey, and even my dear and honoured + friend of whom I can never speak without emotion, Mr Wilberforce, always + said that it was a calumny to accuse them of intending to liberate the + black population of the sugar islands. In 1807 the present Duke of + Northumberland, then Lord Percy, in the generous enthusiasm of youth, rose + to propose in this House the abolition of slavery. Mr Wilberforce + interposed, nay, I believe, almost pulled Lord Percy down. Nevertheless in + 1833 the noble lord the Secretary for the Colonies brought in a bill to + abolish slavery. Suppose that when he resumed his seat, after making that + most eloquent speech in which he explained his plan to us, some West + Indian planter had risen, and had said that in 1792, in 1796, in 1807, all + the leading philanthropists had solemnly declared that they had no + intention of emancipating the negroes; would not the noble lord have + answered that nothing that had been said by anybody in 1792 or 1807 could + bind us not to do what was right in 1833? + </p> + <p> + This is not the only point on which the noble lord's speech is quite at + variance with his own conduct. He appeals to the fifth article of the + Treaty of Union. He says that, if we touch the revenues and privileges of + the Established Church, we shall violate that article; and to violate an + article of the Treaty of Union is, it seems, a breach of public faith of + which he cannot bear to think. But, Sir, why is the fifth article to be + held more sacred than the fourth, which fixes the number of Irish members + who are to sit in this House? The fourth article, we all know, has been + altered. And who brought in the bill which altered that article? The noble + lord himself. + </p> + <p> + Then the noble lord adverts to the oath taken by Roman Catholic members of + this House. They bind themselves, he says, not to use their power for the + purpose of injuring the Established Church. I am sorry that the noble lord + is not at this moment in the House. Had he been here I should have made + some remarks which I now refrain from making on one or two expressions + which fell from him. But, Sir, let us allow to his argument all the weight + which he can himself claim for it. What does it prove? Not that the + Established Church of Ireland is a good institution; not that it ought to + be maintained; but merely this, that, when we are about to divide on the + question whether it shall be maintained, the Roman Catholic members ought + to walk away to the library. The oath which they have taken is nothing to + me and to the other Protestant members who have not taken it. Suppose then + our Roman Catholic friends withdrawn. Suppose that we, the six hundred and + twenty or thirty Protestant members remain in the House. Then there is an + end of this argument about the oath. Will the noble lord then be able to + give us any reason for maintaining the Church of Ireland on the present + footing? + </p> + <p> + I hope, Sir, that the right honourable Baronet the first Lord of the + Treasury will not deal with this subject as his colleagues have dealt with + it. We have a right to expect that a man of his capacity, placed at the + head of government, will attempt to defend the Irish Church in a manly and + rational way. I would beg him to consider these questions:—For what + ends do Established Churches exist? Does the Established Church of Ireland + accomplish those ends or any one of those ends? Can an Established Church + which has no hold on the hearts of the body of the people be otherwise + than useless, or worse than useless? Has the Established Church of Ireland + any hold on the hearts of the body of the people? Has it been successful + in making proselytes? Has it been what the Established Church of England + has been with justice called, what the Established Church of Scotland was + once with at least equal justice called, the poor man's Church? Has it + trained the great body of the people to virtue, consoled them in + affliction, commanded their reverence, attached them to itself and to the + State? Show that these questions can be answered in the affirmative; and + you will have made, what I am sure has never yet been made, a good defence + of the Established Church of Ireland. But it is mere mockery to bring us + quotations from forgotten speeches, and from mouldy petitions presented to + George the Second at a time when the penal laws were still in full force. + </p> + <p> + And now, Sir, I must stop. I have said enough to justify the vote which I + shall give in favour of the motion of my noble friend. I have shown, + unless I deceive myself, that the extraordinary disorders which now alarm + us in Ireland have been produced by the fatal policy of the Government. I + have shown that the mode in which the Government is now dealing with those + disorders is far more likely to inflame than to allay them. While this + system lasts, Ireland can never be tranquil; and till Ireland is tranquil, + England can never hold her proper place among the nations of the world. To + the dignity, to the strength, to the safety of this great country, + internal peace is indispensably necessary. In every negotiation, whether + with France on the right of search, or with America on the line of + boundary, the fact that Ireland is discontented is uppermost in the minds + of the diplomatists on both sides, making the representative of the + British Crown timorous, and making his adversary bold. And no wonder. This + is indeed a great and splendid empire, well provided with the means both + of annoyance and of defence. England can do many things which are beyond + the power of any other nation in the world. She has dictated peace to + China. She rules Caffraria and Australasia. She could again sweep from the + ocean all commerce but her own. She could again blockade every port from + the Baltic to the Adriatic. She is able to guard her vast Indian dominions + against all hostility by land or sea. But in this gigantic body there is + one vulnerable spot near to the heart. At that spot forty-six years ago a + blow was aimed which narrowly missed, and which, if it had not missed, + might have been deadly. The government and the legislature, each in its + own sphere, is deeply responsible for the continuance of a state of things + which is fraught with danger to the State. From my share of that + responsibility I shall clear myself by the vote which I am about to give; + and I trust that the number and the respectability of those in whose + company I shall go into the lobby will be such as to convince the Roman + Catholics of Ireland that they need not yet relinquish all hope of + obtaining relief from the wisdom and justice of an Imperial Parliament. + </p> + <hr /> + <p> + <a name="link2H_4_0023" id="link2H_4_0023"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + DISSENTERS' CHAPELS BILL. (JUNE 6, 1844) A SPEECH DELIVERED IN THE HOUSE + OF COMMONS ON THE 6TH OF JUNE 1844. + </h2> + <p> + An attempt having been made to deprive certain dissenting congregations of + property which they had long enjoyed, on the ground that they did not hold + the same religious opinions that had been held by the purchasers from whom + they derived their title to that property, the Government of Sir Robert + Peel brought in a bill fixing a time of limitation in such cases. The time + fixed was twenty-five years. + </p> + <p> + The bill, having passed the Lords, came down to the House of Commons. On + the sixth of June 1844, the second reading was moved by the Attorney + General, Sir William Follett. Sir Robert Inglis, Member for the University + of Oxford, moved that the bill should be read a second time that day six + months: and the amendment was seconded by Mr Plumptre, Member for Kent. + Early in the debate the following Speech was made. + </p> + <p> + The second reading was carried by 307 votes to 117. + </p> + <p> + If, Sir, I should unhappily fail in preserving that tone in which the + question before us ought to be debated, it will assuredly not be for want + either of an example or of a warning. The honourable and learned Member + who moved the second reading has furnished me with a model which I cannot + too closely imitate; and from the honourable Member for Kent, if I can + learn nothing else, I may at least learn what temper and what style I + ought most carefully to avoid. + </p> + <p> + I was very desirous, Sir, to catch your eye, not because I was so + presumptuous as to hope that I should be able to add much to the powerful + and luminous argument of the honourable and learned gentleman who has, to + our great joy, again appeared among us to-night; but because I thought it + desirable that, at an early period in the debate, some person whose seat + is on this side of the House, some person strongly opposed to the policy + of the present Government, should say, what I now say with all my heart, + that this is a bill highly honourable to the Government, a bill framed on + the soundest principles, and evidently introduced from the best and purest + motives. This praise is a tribute due to Her Majesty's Ministers; and I + have great pleasure in paying it. + </p> + <p> + I have great pleasure also in bearing my testimony to the humanity, the + moderation, and the decorum with which my honourable friend the Member for + the University of Oxford has expressed his sentiments. I must particularly + applaud the resolution which he announced, and to which he strictly + adhered, of treating this question as a question of meum and tuum, and not + as a question of orthodoxy and heterodoxy. With him it is possible to + reason. But how am I to reason with the honourable Member for Kent, who + has made a speech without one fact, one argument, one shadow of an + argument, a speech made up of nothing but vituperation? I grieve to say + that the same bitterness of theological animosity which characterised that + speech may be discerned in too many of the petitions with which, as he + boasts, our table has been heaped day after day. The honourable Member + complains that those petitions have not been treated with proper respect. + Sir, they have been treated with much more respect than they deserved. He + asks why we are to suppose that the petitioners are not competent to form + a judgment on this question? My answer is, that they have certified their + incompetence under their own hands. They have, with scarcely one + exception, treated this question as a question of divinity, though it is + purely a question of property: and when I see men treat a question of + property as if it were a question of divinity, I am certain that, however + numerous they may be, their opinion is entitled to no consideration. If + the persons whom this bill is meant to relieve are orthodox, that is no + reason for our plundering anybody else in order to enrich them. If they + are heretics, that is no reason for our plundering them in order to enrich + others. I should not think myself justified in supporting this bill, if I + could not with truth declare that, whatever sect had been in possession of + these chapels, my conduct would have been precisely the same. I have no + peculiar sympathy with Unitarians. If these people, instead of being + Unitarians, had been Roman Catholics, or Wesleyan Methodists, or General + Baptists, or Particular Baptists, or members of the Old Secession Church + of Scotland, or members of the Free Church of Scotland, I should speak as + I now speak, and vote as I now mean to vote. + </p> + <p> + Sir, the whole dispute is about the second clause of this bill. I can + hardly conceive that any gentleman will vote against the bill on account + of the error in the marginal note on the third clause. To the first clause + my honourable friend the Member for the University of Oxford said, if I + understood him rightly, that he had no objection; and indeed a man of his + integrity and benevolence could hardly say less after listening to the + lucid and powerful argument of the Attorney General. It is therefore on + the second clause that the whole question turns. + </p> + <p> + The second clause, Sir, rests on a principle simple, well-known, and most + important to the welfare of all classes of the community. That principle + is this, that prescription is a good title to property, that there ought + to be a time of limitation, after which a possessor, in whatever way his + possession may have originated, must not be dispossessed. Till very + lately, Sir, I could not have imagined that, in any assembly of + reasonable, civilised, of educated men, it could be necessary for me to + stand up in defence of that principle. I should have thought it as much a + waste of the public time to make a speech on such a subject as to make a + speech against burning witches, against trying writs of right by wager of + battle, or against requiring a culprit to prove his innocence by walking + over red-hot ploughshares. But I find that I was in error. Certain sages, + lately assembled in conclave at Exeter Hall, have done me the honour to + communicate to me the fruits of their profound meditations on the science + of legislation. They have, it seems, passed a resolution declaring that + the principle, which I had supposed that no man out of Bedlam would ever + question, is an untenable principle, and altogether unworthy of a British + Parliament. They have been pleased to add, that the present Government + cannot, without gross inconsistency, call on Parliament to pass a statute + of limitation. And why? Will the House believe it? Because the present + Government has appointed two new Vice Chancellors. + </p> + <p> + Really, Sir, I do not know whether the opponents of this bill shine more + as logicians or as jurists. Standing here as the advocate of prescription, + I ought not to forget that prescriptive right of talking nonsense which + gentlemen who stand on the platform of Exeter Hall are undoubtedly + entitled to claim. But, though I recognise the right, I cannot but think + that it may be abused, and that it has been abused on the present + occasion. One thing at least is clear, that, if Exeter Hall be in the + right, all the masters of political philosophy, all the great legislators, + all the systems of law by which men are and have been governed in all + civilised countries, from the earliest times, must be in the wrong. How + indeed can any society prosper, or even exist, without the aid of this + untenable principle, this principle unworthy of a British legislature? + This principle was found in the Athenian law. This principle was found in + the Roman law. This principle was found in the laws of all those nations + of which the jurisprudence was derived from Rome. This principle was found + in the law administered by the Parliament of Paris; and, when that + Parliament and the law which it administered had been swept away by the + revolution, this principle reappeared in the Code Napoleon. Go westward, + and you find this principle recognised beyond the Mississippi. Go + eastward, and you find it recognised beyond the Indus, in countries which + never heard the name of Justinian, in countries to which no translation of + the Pandects ever found its way. Look into our own laws, and you will see + that the principle, which is now designated as unworthy of Parliament, has + guided Parliament ever since Parliament existed. Our first statute of + limitation was enacted at Merton, by men some of whom had borne a part in + extorting the Great Charter and the Forest Charter from King John. From + that time to this it has been the study of a succession of great lawyers + and statesmen to make the limitation more and more stringent. The Crown + and the Church indeed were long exempted from the general rule. But + experience fully proved that every such exemption was an evil; and a + remedy was at last applied. Sir George Savile, the model of English + country gentlemen, was the author of the Act which barred the claims of + the Crown. That eminent magistrate, the late Lord Tenterden, was the + author of the Act which barred the claims of the Church. Now, Sir, how is + it possible to believe that the Barons, whose seals are upon our Great + Charter, would have perfectly agreed with the great jurists who framed the + Code of Justinian, with the great jurists who framed the Code of Napoleon, + with the most learned English lawyers of the nineteenth century, and with + the Pundits of Benares, unless there had been some strong and clear reason + which necessarily led men of sense in every age and country to the same + conclusion? Nor is it difficult to see what the reason was. For it is + evident that the principle which silly and ignorant fanatics have called + untenable is essential to the institution of property, and that, if you + take away that principle, you will produce evils resembling those which + would be produced by a general confiscation. Imagine what would follow if + the maxims of Exeter Hall were introduced into Westminster Hall. Imagine a + state of things in which one of us should be liable to be sued on a bill + of exchange indorsed by his grandfather in 1760. Imagine a man possessed + of an estate and manor house which had descended to him through ten or + twelve generations of ancestors, and yet liable to be ejected because some + flaw had been detected in a deed executed three hundred years ago, in the + reign of Henry the Eighth. Why, Sir, should we not all cry out that it + would be better to live under the rule of a Turkish Pasha than under such + a system. Is it not plain that the enforcing of an obsolete right is the + inflicting of a wrong? Is it not plain that, but for our statutes of + limitation, a lawsuit would be merely a grave, methodical robbery? I am + ashamed to argue a point so clear. + </p> + <p> + And if this be the general rule, why should the case which we are now + considering be an exception to that rule? I have done my best to + understand why. I have read much bad oratory, and many foolish petitions. + I have heard with attention the reasons of my honourable friend the Member + for the University of Oxford; and I should have heard the reasons of the + honourable Member for Kent, if there had been any to hear. Every argument + by which my honourable friend the Member for the University of Oxford + tried to convince us that this case is an exception to the general rule, + will be found on examination to be an argument against the general rule + itself. He says that the possession which we propose to sanction was + originally a wrongful possession. Why, Sir, all the statutes of limitation + that ever were made sanction possession which was originally wrongful. It + is for the protection of possessors who are not in condition to prove that + their possession was originally rightful that statutes of limitation are + passed. Then my honourable friend says that this is an ex post facto law. + Why, Sir, so are all our great statutes of limitation. Look at the Statute + of Merton, passed in 1235; at the Statute of Westminster, passed in 1275; + at the Statute of James the First, passed in 1623; at Sir George Savile's + Act, passed in the last century; at Lord Tenterden's Act, passed in our + own time. Every one of those Acts was retrospective. Every one of them + barred claims arising out of past transactions. Nor was any objection ever + raised to what was so evidently just and wise, till bigotry and chicanery + formed that disgraceful league against which we are now contending. But, + it is said, it is unreasonable to grant a boon to men because they have + been many years doing wrong. The length of the time during which they have + enjoyed property not rightfully their own, is an aggravation of the injury + which they have committed, and is so far from being a reason for letting + them enjoy that property for ever, that it is rather a reason for + compelling them to make prompt restitution. With this childish sophistry + the petitions on our table are filled. Is it possible that any man can be + so dull as not to perceive that, if this be a reason, it is a reason + against all our statutes of limitation? I do a greater wrong to my tailor + if I withhold payment of his bill during six years than if I withhold + payment only during two years. Yet the law says that at the end of two + years he may bring an action and force me to pay him with interest, but + that after the lapse of six years he cannot force me to pay him at all. It + is much harder that a family should be kept out of its hereditary estate + during five generations than during five days. But if you are kept out of + your estate five days you have your action of ejectment; and, after the + lapse of five generations, you have no remedy. I say, therefore, with + confidence, that every argument which has been urged against this bill is + an argument against the great principle of prescription. I go further, and + I say that, if there be any case which, in an especial manner, calls for + the application of the principle of prescription, this is that case. For + the Unitarian congregations have laid out so much on these little spots of + ground that it is impossible to take the soil from them without taking + from them property which is of much greater value than the mere soil, and + which is indisputably their own. This is not the case of a possessor who + has been during many years, receiving great emoluments from land to which + he had not a good title. It is the case of a possessor who has, from + resources which were undoubtedly his own, expended on the land much more + than it was originally worth. Even in the former case, it has been the + policy of all wise lawgivers to fix a time of limitation. A fortiori, + therefore, there ought to be a time of limitation in the latter case. + </p> + <p> + And here, Sir, I cannot help asking gentlemen to compare the petitions for + this bill with the petitions against it. Never was there such a contrast. + The petitions against the bill are filled with cant, rant, scolding, + scraps of bad sermons. The petitions in favour of the bill set forth in + the simplest manner great practical grievances. Take, for instance, the + case of Cirencester. The meeting house there was built in 1730. It is + certain that the Unitarian doctrines were taught there as early as 1742. + That was only twelve years after the chapel had been founded. Many of the + original subscribers must have been living. Many of the present + congregation are lineal descendants of the original subscribers. Large + sums have from time to time been laid out in repairing, enlarging, and + embellishing the edifice; and yet there are people who think it just and + reasonable that this congregation should, after the lapse of more than a + century, be turned out. At Norwich, again, a great dissenting meeting + house was opened in 1688. It is not easy to say how soon Anti-Trinitarian + doctrines were taught there. The change of sentiment in the congregation + seems to have been gradual: but it is quite certain that, in 1754, ninety + years ago, both pastor and flock were decidedly Unitarian. Round the + chapel is a cemetery filled with the monuments of eminent Unitarians. + Attached to the chapel are a schoolhouse and a library, built and fitted + up by Unitarians. And now the occupants find that their title is disputed. + They cannot venture to build; they cannot venture to repair; and they are + anxiously awaiting our decision. I do not know that I have cited the + strongest cases. I am giving you the ordinary history of these edifices. + Go to Manchester. Unitarianism has been taught there at least seventy + years in a chapel on which the Unitarians have expended large sums. Go to + Leeds. Four thousand pounds have been subscribed for the repairing of the + Unitarian chapel there, the chapel where, near eighty years ago, Priestly, + the great Doctor of the sect, officiated. But these four thousand pounds + are lying idle. Not a pew can be repaired till it is known whether this + bill will become law. Go to Maidstone. There Unitarian doctrines have been + taught during at least seventy years; and seven hundred pounds have + recently been laid out by the congregation in repairing the chapel. Go to + Exeter. It matters not where you go. But go to Exeter. There Unitarian + doctrines have been preached more than eighty years; and two thousand + pounds have been laid out on the chapel. It is the same at Coventry, at + Bath, at Yarmouth, everywhere. And will a British Parliament rob the + possessors of these buildings? I can use no other word. How should we feel + if it were proposed to deprive any other class of men of land held during + so long a time, and improved at so large a cost? And, if this property + should be transferred to those who covet it, what would they gain in + comparison with what the present occupants would lose? The pulpit of + Priestley, the pulpit of Lardner, are objects of reverence to + congregations which hold the tenets of Priestley and Lardner. To the + intruders those pulpits will be nothing; nay, worse than nothing; + memorials of heresiarchs. Within these chapels and all around them are the + tablets which the pious affection of four generations has placed over the + remains of dear mothers and sisters, wives and daughters, of eloquent + preachers, of learned theological writers. To the Unitarian, the building + which contains these memorials is a hallowed building. To the intruder it + is of no more value than any other room in which he can find a bench to + sit on and a roof to cover him. If, therefore, we throw out this bill, we + do not merely rob one set of people in order to make a present to another + set. That would be bad enough. But we rob the Unitarians of that which + they regard as a most precious treasure; of that which is endeared to them + by the strongest religious and the strongest domestic associations; of + that which cannot be wrenched from them without inflicting on them the + bitterest pain and humiliation. To the Trinitarians we give that which can + to them be of little or no value except as a trophy of a most inglorious + victory won in a most unjust war. + </p> + <p> + But, Sir, an imputation of fraud has been thrown on the Unitarians; not, + indeed, here, but in many other places, and in one place of which I would + always wish to speak with respect. The Unitarians, it has been said, knew + that the original founders of these chapels were Trinitarians; and to use, + for the purpose of propagating Unitarian doctrine, a building erected for + the purpose of propagating Trinitarian doctrine was grossly dishonest. One + very eminent person (The Bishop of London.) has gone so far as to maintain + that the Unitarians cannot pretend to any prescription of more than + sixty-three years; and he proves his point thus:—Till the year 1779, + he says, no dissenting teacher was within the protection of the Toleration + Act unless he subscribed those articles of the Church of England which + affirm the Athanasian doctrine. It is evident that no honest Unitarian can + subscribe those articles. The inference is, that the persons who preached + in these chapels down to the year 1779 must have been either Trinitarians + or rogues. Now, Sir, I believe that they were neither Trinitarians nor + rogues; and I cannot help suspecting that the great prelate who brought + this charge against them is not so well read in the history of the + nonconformist sects as in the history of that Church of which he is an + ornament. The truth is that, long before the year 1779, the clause of the + Toleration Act which required dissenting ministers to subscribe + thirty-five or thirty-six of our thirty-nine articles had almost become + obsolete. Indeed, that clause had never been rigidly enforced. From the + very first there were some dissenting ministers who refused to subscribe, + and yet continued to preach. Calany was one; and he was not molested. And + if this could be done in the year in which the Toleration Act passed, we + may easily believe that, at a later period, the law would not have been + very strictly observed. New brooms, as the vulgar proverb tells us, sweep + clean; and no statute is so rigidly enforced as a statute just made. But, + Sir, so long ago as the year 1711, the provisions of the Toleration Act on + this subject were modified. In that year the Whigs, in order to humour + Lord Nottingham, with whom they had coalesced against Lord Oxford, + consented to let the Occasional Conformity Bill pass; but they insisted on + inserting in the bill a clause which was meant to propitiate the + dissenters. By this clause it was enacted that, if an information were + laid against a dissenting minister for having omitted to subscribe the + articles, the defendant might, by subscribing at any stage of the + proceedings anterior to the judgment, defeat the information, and throw + all the costs on the informer. The House will easily believe that, when + such was the state of the law, informers were not numerous. Indeed, during + the discussions of 1773, it was distinctly affirmed, both in Parliament + and in manifestoes put forth by the dissenting body, that the majority of + nonconformist ministers then living had never subscribed. All arguments, + therefore, grounded on the insincerity which has been rashly imputed to + the Unitarians of former generations, fall at once to the ground. + </p> + <p> + But, it is said, the persons who, in the reigns of James the Second, of + William the Third, and of Anne, first established these chapels, held the + doctrine of the Trinity; and therefore, when, at a later period, the + preachers and congregations departed from the doctrine of the Trinity, + they ought to have departed from the chapels too. The honourable and + learned gentleman, the Attorney General, has refuted this argument so ably + that he has scarcely left anything for me to say about it. It is + well-known that the change which, soon after the Revolution, began to take + place in the opinions of a section of the old Puritan body, was a gradual, + an almost imperceptible change. The principle of the English Presbyterians + was to have no confession of faith and no form of prayer. Their trust + deeds contained no accurate theological definitions. Nonsubscription was + in truth the very bond which held them together. What, then, could be more + natural than that, Sunday by Sunday, the sermons should have become less + and less like those of the old Calvinistic divines, that the doctrine of + the Trinity should have been less and less frequently mentioned, that at + last it should have ceased to be mentioned, and that thus, in the course + of years, preachers and hearers should, by insensible degrees, have become + first Arians, then, perhaps, Socinians. I know that this explanation has + been treated with disdain by people profoundly ignorant of the history of + English nonconformity. I see that my right honourable friend near me (Mr + Fox Maule.) does not assent to it. Will he permit me to refer him to an + analogous case with which he cannot but be well acquainted? No person in + the House is more versed than he in the ecclesiastical history of + Scotland; and he will, I am sure, admit that some of the doctrines now + professed by the Scotch sects which sprang from the secessions of 1733 and + 1760 are such as the seceders of 1733 and the seceders of 1760 would have + regarded with horror. I have talked with some of the ablest, most learned, + and most pious of the Scotch dissenters of our time; and they all fully + admitted that they held more than one opinion which their predecessors + would have considered as impious. Take the question of the connection + between Church and State. The seceders of 1733 thought that the connection + ought to be much closer than it is. They blamed the legislature for + tolerating heresy. They maintained that the Solemn league and covenant was + still binding on the kingdom. They considered it as a national sin that + the validity of the Solemn League and Covenant was not recognised at the + time of the Revolution. When George Whitfield went to Scotland, though + they approved of his Calvinistic opinions, and though they justly admired + that natural eloquence which he possessed in so wonderful a degree, they + would hold no communion with him because he would not subscribe the Solemn + League and Covenant. Is that the doctrine of their successors? Are the + Scotch dissenters now averse to toleration? Are they not zealous for the + voluntary system? Is it not their constant cry that it is not the business + of the civil magistrate to encourage any religion, false or true? Does any + Bishop now abhor the Solemn League and Covenant more than they? Here is an + instance in which numerous congregations have, retaining their identity, + passed gradually from one opinion to another opinion. And would it be + just, would it be decent in me, to impute dishonesty to them on that + account? My right honourable friend may be of opinion that the question + touching the connection between the Church and State is not a vital + question. But was that the opinion of the divines who drew up the + Secession Testimony? He well knows that in their view a man who denied + that it was the duty of the government to defend religious truth with the + civil sword was as much a heretic as a man who denied the doctrine of the + Trinity. + </p> + <p> + Again, Sir, take the case of the Wesleyan Methodists. They are zealous + against this bill. They think it monstrous that a chapel originally built + for people holding one set of doctrines should be occupied by people + holding a different set of doctrines. I would advise them to consider + whether they cannot find in the history of their own body reasons for + being a little more indulgent. What were the opinions of that great and + good man, their founder, on the question whether men not episcopally + ordained could lawfully administer the Eucharist? He told his followers + that lay administration was a sin which he never could tolerate. Those + were the very words which he used; and I believe that, during his + lifetime, the Eucharist never was administered by laymen in any place of + worship which was under his control. After his death, however, the feeling + in favour of lay administration became strong and general among his + disciples. The Conference yielded to that feeling. The consequence is that + now, in every chapel which belonged to Wesley, those who glory in the name + of Wesleyans commit, every Sacrament Sunday, what Wesley declared to be a + sin which he would never tolerate. And yet these very persons are not + ashamed to tell us in loud and angry tones that it is fraud, downright + fraud, in a congregation which has departed from its original doctrines to + retain its original endowments. I believe, Sir, that, if you refuse to + pass this bill, the Courts of Law will soon have to decide some knotty + questions which, as yet, the Methodists little dream of. + </p> + <p> + It has, I own, given me great pain to observe the unfair and acrimonious + manner in which too many of the Protestant nonconformists have opposed + this bill. The opposition of the Established Church has been comparatively + mild and moderate; and yet from the Established Church we had less right + to expect mildness and moderation. It is certainly not right, but it is + very natural, that a church, ancient and richly endowed, closely connected + with the Crown and the aristocracy, powerful in parliament, dominant in + the universities, should sometimes forget what is due to poorer and + humbler Christian societies. But when I hear a cry for what is nothing + less than persecution set up by men who have been, over and over again + within my own memory, forced to invoke in their own defence the principles + of toleration, I cannot but feel astonishment mingled with indignation. + And what above all excites both my astonishment and my indignation is + this, that the most noisy among the noisy opponents of the bill which we + are considering are some sectaries who are at this very moment calling on + us to pass another bill of just the same kind for their own benefit. I + speak of those Irish Presbyterians who are asking for an ex post facto law + to confirm their marriages. See how exact the parallel is between the case + of those marriages and the case of these chapels. The Irish Presbyterians + have gone on marrying according to their own forms during a long course of + years. The Unitarians have gone on occupying, improving, embellishing + certain property during a long course of years. In neither case did any + doubt as to the right arise in the most honest, in the most scrupulous + mind. At length, about the same time, both the validity of the + Presbyterian marriages and the validity of the title by which the + Unitarians held their chapels were disputed. The two questions came before + the tribunals. The tribunals, with great reluctance, with great pain, + pronounced that, neither in the case of the marriages nor in the case of + the chapels, can prescription be set up against the letter of the law. In + both cases there is a just claim to relief such as the legislature alone + can afford. In both the legislature is willing to grant that relief. But + this will not satisfy the orthodox Presbyterian. He demands with equal + vehemence two things, that he shall be relieved, and that nobody else + shall be relieved. In the same breath he tells us that it would be most + iniquitous not to pass a retrospective law for his benefit, and that it + would be most iniquitous to pass a retrospective law for the benefit of + his fellow sufferers. I never was more amused than by reading, the other + day, a speech made by a person of great note among the Irish Presbyterians + on the subject of these marriages. "Is it to be endured," he says, "that + the mummies of old and forgotten laws are to be dug up and unswathed for + the annoyance of dissenters?" And yet a few hours later, this eloquent + orator is himself hard at work in digging up and unswathing another set of + mummies for the annoyance of another set of dissenters. I should like to + know how he and such as he would look if we Churchmen were to assume the + same tone towards them which they think it becoming to assume towards the + Unitarian body; if we were to say, "You and those whom you would oppress + are alike out of our pale. If they are heretics in your opinion, you are + schismatics in ours. Since you insist on the letter of the law against + them, we will insist on the letter of the law against you. You object to + ex post facto statutes; and you shall have none. You think it reasonable + that men should, in spite of a prescription of eighty or ninety years, be + turned out of a chapel built with their own money, and a cemetery where + their own kindred lie, because the original title was not strictly legal. + We think it equally reasonable that those contracts which you have + imagined to be marriages, but which are now adjudged not to be legal + marriages, should be treated as nullities." I wish from my soul that some + of these orthodox dissenters would recollect that the doctrine which they + defend with so much zeal against the Unitarians is not the whole sum and + substance of Christianity, and that there is a text about doing unto + others as you would that they should do unto you. + </p> + <p> + To any intelligent man who has no object except to do justice, the + Trinitarian dissenter and the Unitarian dissenter who are now asking us + for relief will appear to have exactly the same right to it. There is, + however, I must own, one distinction between the two cases. The + Trinitarian dissenters are a strong body, and especially strong among the + electors of towns. They are of great weight in the State. Some of us may + probably, by voting to-night against their wishes, endanger our seats in + this House. The Unitarians, on the other hand, are few in number. Their + creed is unpopular. Their friendship is likely to injure a public man more + than their enmity. If therefore there be among us any person of a nature + at once tyrannical and cowardly, any person who delights in persecution, + but is restrained by fear from persecuting powerful sects, now is his + time. He never can have a better opportunity of gratifying his malevolence + without risk of retribution. But, for my part, I long ago espoused the + cause of religious liberty, not because that cause was popular, but + because it was just; and I am not disposed to abandon the principles to + which I have been true through my whole life in deference to a passing + clamour. The day may come, and may come soon, when those who are now + loudest in raising that clamour may again be, as they have formerly been, + suppliants for justice. When that day comes I will try to prevent others + from oppressing them, as I now try to prevent them from oppressing others. + In the meantime I shall contend against their intolerance with the same + spirit with which I may hereafter have to contend for their rights. + </p> + <hr /> + <p> + <a name="link2H_4_0024" id="link2H_4_0024"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THE SUGAR DUTIES. (FEBRUARY 26, 1845) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE 26TH OF FEBRUARY, 1845. + </h2> + <p> + On the twenty-sixth of February, 1845, on the question that the order of + the day for going into Committee of Ways and Means should be read, Lord + John Russell moved the following amendment:—"That it is the opinion + of this House that the plan proposed by Her Majesty's Government, in + reference to the Sugar Duties, professes to keep up a distinction between + foreign free labour sugar and foreign slave labour sugar, which is + impracticable and illusory; and, without adequate benefit to the consumer, + tends so greatly to impair the revenue as to render the removal of the + Income and Property Tax at the end of three years extremely uncertain and + improbable." The amendment was rejected by 236 votes to 142. In the debate + the following Speech was made. + </p> + <p> + Sir, if the question now at issue were merely a financial or a commercial + question, I should be unwilling to offer myself to your notice: for I am + well aware that there are, both on your right and on your left hand, many + gentlemen far more deeply versed in financial and commercial science than + myself; and I should think that I discharged my duty better by listening + to them than by assuming the office of a teacher. But, Sir, the question + on which we are at issue with Her Majesty's Ministers is neither a + financial nor a commercial question. I do not understand it to be disputed + that, if we were to pronounce our decision with reference merely to fiscal + and mercantile considerations, we should at once adopt the plan + recommended by my noble friend. Indeed the right honourable gentleman, the + late President of the Board of Trade (Mr Gladstone.), has distinctly + admitted this. He says that the Ministers of the Crown call upon us to + sacrifice great pecuniary advantages and great commercial facilities, for + the purpose of maintaining a moral principle. Neither in any former debate + nor in the debate of this night has any person ventured to deny that, both + as respects the public purse and as respects the interests of trade, the + course recommended by my noble friend is preferable to the course + recommended by the Government. + </p> + <p> + The objections to my noble friend's amendment, then, are purely moral + objections. We lie, it seems, under a moral obligation to make a + distinction between the produce of free labour and the produce of slave + labour. Now I should be very unwilling to incur the imputation of being + indifferent to moral obligations. I do, however, think that it is in my + power to show strong reasons for believing that the moral obligation + pleaded by the Ministers has no existence. If there be no such moral + obligation, then, as it is conceded on the other side that all fiscal and + commercial arguments are on the side of my noble friend, it follows that + we ought to adopt his amendment. + </p> + <p> + The right honourable gentleman, the late President of the Board of Trade, + has said that the Government does not pretend to act with perfect + consistency as to this distinction between free labour and slave labour. + It was, indeed, necessary that he should say this; for the policy of the + Government is obviously most inconsistent. Perfect consistency, I admit, + we are not to expect in human affairs. But, surely, there is a decent + consistency which ought to be observed; and of this the right honourable + gentleman himself seems to be sensible; for he asks how, if we admit sugar + grown by Brazilian slaves, we can with decency continue to stop Brazilian + vessels engaged in the slave trade. This argument, whatever be its value, + proceeds on the very correct supposition that the test of sincerity in + individuals, in parties, and in governments, is consistency. The right + honourable gentleman feels, as we must all feel, that it is impossible to + give credit for good faith to a man who on one occasion pleads a scruple + of conscience as an excuse for not doing a certain thing, and who on other + occasions, where there is no essential difference of circumstances, does + that very thing without any scruple at all. I do not wish to use such a + word as hypocrisy, or to impute that odious vice to any gentleman on + either side of the House. But whoever declares one moment that he feels + himself bound by a certain moral rule, and the next moment, in a case + strictly similar, acts in direct defiance of that rule, must submit to + have, if not his honesty, yet at least his power of discriminating right + from wrong very gravely questioned. + </p> + <p> + Now, Sir, I deny the existence of the moral obligation pleaded by the + Government. I deny that we are under any moral obligation to turn our + fiscal code into a penal code, for the purpose of correcting vices in the + institutions of independent states. I say that, if you suppose such a + moral obligation to be in force, the supposition leads to consequences + from which every one of us would recoil, to consequences which would throw + the whole commercial and political system of the world into confusion. I + say that, if such a moral obligation exists, our financial legislation is + one mass of injustice and inhumanity. And I say more especially that, if + such a moral obligation exists, the right honourable Baronet's Budget is + one mass of injustice and inhumanity. + </p> + <p> + Observe, I am not disputing the paramount authority of moral obligation. I + am not setting up pecuniary considerations against moral considerations. I + know that it would be not only a wicked but a shortsighted policy, to aim + at making a nation like this great and prosperous by violating the laws of + justice. To those laws, enjoin what they may, I am prepared to submit. But + I will not palter with them: I will not cite them to-day in order to serve + one turn, and quibble them away to-morrow in order to serve another. I + will not have two standards of right; one to be applied when I wish to + protect a favourite interest at the public cost; and another to be applied + when I wish to replenish the Exchequer, and to give an impulse to trade. I + will not have two weights or two measures. I will not blow hot and cold, + play fast and loose, strain at a gnat and swallow a camel. Can the + Government say as much? Are gentlemen opposite prepared to act in + conformity with their own principle? They need not look long for + opportunities. The Statute Book swarms with enactments directly opposed to + the rule which they profess to respect. I will take a single instance from + our existing laws, and propound it to the gentlemen opposite as a test, if + I must not say of their sincerity, yet of their power of moral + discrimination. Take the article of tobacco. Not only do you admit the + tobacco of the United States which is grown by slaves; not only do you + admit the tobacco of Cuba which is grown by slaves, and by slaves, as you + tell us, recently imported from Africa; but you actually interdict the + free labourer of the United Kingdom from growing tobacco. You have long + had in your Statute Book laws prohibiting the cultivation of tobacco in + England, and authorising the Government to destroy all tobacco plantations + except a few square yards, which are suffered to exist unmolested in + botanical gardens, for purposes of science. These laws did not extend to + Ireland. The free peasantry of Ireland began to grow tobacco. The + cultivation spread fast. Down came your legislation upon it; and now, if + the Irish freeman dares to engage in competition with the slaves of + Virginia and Havannah, you exchequer him; you ruin him; you grub up his + plantation. Here, then, we have a test by which we may try the consistency + of the gentlemen opposite. I ask you, are you prepared, I do not say to + exclude the slave grown tobacco, but to take away from slave grown tobacco + the monopoly which you now give to it, and to permit the free labourer of + the United Kingdom to enter into competition on equal terms, on any terms, + with the negro who works under the lash? I am confident that the three + right honourable gentleman opposite, the First Lord of the Treasury, the + Chancellor of the Exchequer, and the late President of the Board of Trade, + will all with one voice answer "No." And why not? "Because," say they, "it + will injure the revenue. True it is," they will say, "that the tobacco + imported from abroad is grown by slaves, and by slaves many of whom have + been recently carried across the Atlantic in defiance, not only of justice + and humanity, but of law and treaty. True it is that the cultivators of + the United Kingdom are freemen. But then on the imported tobacco we are + able to raise at the Custom House a duty of six hundred per cent., + sometimes indeed of twelve hundred per cent.: and, if tobacco were grown + here, it would be difficult to get an excise duty of even a hundred per + cent. We cannot submit to this loss of revenue; and therefore we must give + a monopoly to the slaveholder, and make it penal in the freeman to evade + that monopoly." You may be right; but, in the name of common sense, be + consistent. If this moral obligation of which you talk so much be one + which may with propriety yield to fiscal considerations, let us have + Brazilian sugars. If it be paramount to all fiscal considerations, let us + at least have British snuff and cigars. + </p> + <p> + The present Ministers may indeed plead that they are not the authors of + the laws which prohibit the cultivation of tobacco in Great Britain and + Ireland. That is true. The present Government found those laws in + existence: and no doubt there is good sense in the Conservative doctrine + that many things which ought not to have been set up ought not, when they + have been set up, to be hastily and rudely pulled down. But what will the + right honourable Baronet urge in vindication of his own new budget? He is + not content with maintaining laws which he finds already existing in + favour of produce grown by slaves. He introduces a crowd of new laws to + the same effect. He comes down to the House with a proposition for + entirely taking away the duties on the importation of raw cotton. He + glories in this scheme. He tells us that it is in strict accordance with + the soundest principles of legislation. He tells us that it will be a + blessing to the country. I agree with him, and I intend to vote with him. + But how is all this cotton grown? Is it not grown by slaves? Again I say, + you may be right; but, in the name of common sense, be consistent. I saw, + with no small amusement, a few days ago, a paragraph by one of the right + honourable Baronet's eulogists, which was to the following effect:—"Thus + has this eminent statesman given to the English labourer a large supply of + a most important raw material, and has manfully withstood those ravenous + Whigs who wished to inundate our country with sugar dyed in negro blood." + With what I should like to know, is the right honourable Baronet's cotton + dyed? + </p> + <p> + Formerly, indeed, an attempt was made to distinguish between the + cultivation of cotton and the cultivation of sugar. The cultivation of + sugar, it was said, was peculiarly fatal to the health and life of the + slave. But that plea, whatever it may have been worth, must now be + abandoned; for the right honourable Baronet now proposes to reduce, to a + very great extent, the duty on slave grown sugar imported from the United + States. + </p> + <p> + Then a new distinction is set up. The United States, it is said, have + slavery; but they have no slave trade. I deny that assertion. I say that + the sugar and cotton of the United States are the fruits, not only of + slavery, but of the slave trade. And I say further that, if there be on + the surface of this earth a country which, before God and man, is more + accountable than any other for the misery and degradation of the African + race, that country is not Brazil, the produce of which the right + honourable Baronet excludes, but the United States, the produce of which + he proposes to admit on more favourable terms than ever. I have no + pleasure in going into an argument of this nature. I do not conceive that + it is the duty of a member of the English Parliament to discuss abuses + which exist in other societies. Such discussion seldom tends to produce + any reform of such abuses, and has a direct tendency to wound national + pride, and to inflame national animosities. I would willingly avoid this + subject; but the right honourable Baronet leaves me no choice. He turns + this House into a Court of Judicature for the purpose of criticising and + comparing the institutions of independent States. He tells us that our + Tariff is to be made an instrument for rewarding the justice and humanity + of some Foreign Governments, and for punishing the barbarity of others. He + binds up the dearest interests of my constituents with questions with + which otherwise I should, as a Member of Parliament, have nothing to do. I + would gladly keep silence on such questions. But it cannot be. The + tradesmen and the professional men whom I represent say to me, "Why are we + to be loaded, certainly for some years, probably for ever, with a tax, + admitted by those who impose it to be grievous, unequal, inquisitorial? + Why are we to be loaded in time of peace with burdens heretofore reserved + for the exigencies of war?" The paper manufacturer, the soap manufacturer, + say, "Why, if the Income Tax is to be continued, are our important and + suffering branches of industry to have no relief?" And the answer is, + "Because Brazil does not behave so well as the United States towards the + negro race." Can I then avoid instituting a comparison? Am I not bound to + bring to the test the truth of an assertion pregnant with consequences so + momentous to those who have sent me hither? I must speak out; and, if what + I say gives offence and produces inconvenience, for that offence and for + that inconvenience the Government is responsible. + </p> + <p> + I affirm, then, that there exists in the United States a slave trade, not + less odious or demoralising, nay, I do in my conscience believe, more + odious and more demoralising than that which is carried on between Africa + and Brazil. North Carolina and Virginia are to Louisiana and Alabama what + Congo is to Rio Janeiro. The slave States of the Union are divided into + two classes, the breeding States, where the human beasts of burden + increase and multiply and become strong for labour, and the sugar and + cotton States to which those beasts of burden are sent to be worked to + death. To what an extent the traffic in man is carried on we may learn by + comparing the census of 1830 with the census of 1840. North Carolina and + Virginia are, as I have said, great breeding States. During the ten years + from 1830 to 1840 the slave population of North Carolina was almost + stationary. The slave population of Virginia positively decreased. Yet, + both in North Carolina and Virginia propagation was, during those ten + years, going on fast. The number of births among the slaves in those + States exceeded by hundreds of thousands the number of the deaths. What + then became of the surplus? Look to the returns from the Southern States, + from the States whose produce the right honourable Baronet proposes to + admit with reduced duty or with no duty at all; and you will see. You will + find that the increase in the breeding States was barely sufficient to + meet the demand of the consuming States. In Louisiana, for example, where + we know that the negro population is worn down by cruel toil, and would + not, if left to itself, keep up its numbers, there were, in 1830, one + hundred and seven thousand slaves; in 1840, one hundred and seventy + thousand. In Alabama, the slave population during those ten years much + more than doubled; it rose from one hundred and seventeen thousand to two + hundred and fifty-three thousand. In Mississippi it actually tripled. It + rose from sixty-five thousand to one hundred and ninety-five thousand. So + much for the extent of this slave trade. And as to its nature, ask any + Englishman who has ever travelled in the Southern States. Jobbers go about + from plantation to plantation looking out for proprietors who are not easy + in their circumstances, and who are likely to sell cheap. A black boy is + picked up here; a black girl there. The dearest ties of nature and of + marriage are torn asunder as rudely as they were ever torn asunder by any + slave captain on the coast of Guinea. A gang of three or four hundred + negroes is made up; and then these wretches, handcuffed, fettered, guarded + by armed men, are driven southward, as you would drive,—or rather as + you would not drive,—a herd of oxen to Smithfield, that they may + undergo the deadly labour of the sugar mill near the mouth of the + Mississippi. A very few years of that labour in that climate suffice to + send the stoutest African to his grave. But he can well be spared. While + he is fast sinking into premature old age, negro boys in Virginia are + growing up as fast into vigorous manhood to supply the void which cruelty + is making in Louisiana. God forbid that I should extenuate the horrors of + the slave trade in any form! But I do think this its worst form. Bad + enough is it that civilised men should sail to an uncivilised quarter of + the world where slavery exists, should there buy wretched barbarians, and + should carry them away to labour in a distant land: bad enough! But that a + civilised man, a baptized man, a man proud of being a citizen of a free + state, a man frequenting a Christian church, should breed slaves for + exportation, and, if the whole horrible truth must be told, should even + beget slaves for exportation, should see children, sometimes his own + children, gambolling around him from infancy, should watch their growth, + should become familiar with their faces, and should then sell them for + four or five hundred dollars a head, and send them to lead in a remote + country a life which is a lingering death, a life about which the best + thing that can be said is that it is sure to be short; this does, I own, + excite a horror exceeding even the horror excited by that slave trade + which is the curse of the African coast. And mark: I am not speaking of + any rare case, of any instance of eccentric depravity. I am speaking of a + trade as regular as the trade in pigs between Dublin and Liverpool, or as + the trade in coals between the Tyne and the Thames. + </p> + <p> + There is another point to which I must advert. I have no wish to apologise + for slavery as it exists in Brazil; but this I say, that slavery, as it + exists in Brazil, though a fearful evil, seems to me a much less hopeless + evil than slavery as it exists in the United States. In estimating the + character of negro slavery we must never forget one most important + ingredient; an ingredient which was wanting to slavery as it was known to + the Greeks and Romans; an ingredient which was wanting to slavery as it + appeared in Europe during the middle ages; I mean the antipathy of colour. + Where this antipathy exists in a high degree, it is difficult to conceive + how the white masters and the black labourers can ever be mingled + together, as the lords and villeins in many parts of the Old World have + been, in one free community. Now this antipathy is notoriously much + stronger in the United States than in the Brazils. In the Brazils the free + people of colour are numerous. They are not excluded from honourable + callings. You may find among them merchants, physicians, lawyers: many of + them bear arms; some have been admitted to holy orders. Whoever knows what + dignity, what sanctity, the Church of Rome ascribes to the person of a + priest, will at once perceive the important consequences which follow from + this last circumstance. It is by no means unusual to see a white penitent + kneeling before the spiritual tribunal of a negro, confessing his sins to + a negro, receiving absolution from a negro. It is by no means unusual to + see a negro dispensing the Eucharist to a circle of whites. I need not + tell the House what emotions of amazement and of rage such a spectacle + would excite in Georgia or South Carolina. Fully admitting, therefore, as + I do, that Brazilian slavery is a horrible evil, I yet must say that, if I + were called upon to declare whether I think the chances of the African + race on the whole better in Brazil or in the United States, I should at + once answer that they are better in Brazil. I think it not improbable that + in eighty or a hundred years the black population of Brazil may be free + and happy. I see no reasonable prospect of such a change in the United + States. + </p> + <p> + The right honourable gentleman, the late President of the Board of Trade, + has said much about that system of maritime police by which we have + attempted to sweep slave trading vessels from the great highway of + nations. Now what has been the conduct of Brazil, and what has been the + conduct of the United States, as respects that system of police? Brazil + has come into the system; the United States have thrown every impediment + in the way of the system. What opinion Her Majesty's Ministers entertain + respecting the Right of Search we know from a letter of my Lord Aberdeen + which has, within a few days, been laid on our table. I believe that I + state correctly the sense of that letter when I say that the noble Earl + regards the Right of Search as an efficacious means, and as the only + efficacious means, of preventing the maritime slave trade. He expresses + most serious doubts whether any substitute can be devised. I think that + this check would be a most valuable one, if all nations would submit to + it; and I applaud the humanity which has induced successive British + administrations to exert themselves for the purpose of obtaining the + concurrence of foreign Powers in so excellent a plan. Brazil consented to + admit the Right of Search; the United States refused, and by refusing + deprived the Right of Search of half its value. Not content with refusing + to admit the Right of Search, they even disputed the right of visit, a + right which no impartial publicist in Europe will deny to be in strict + conformity with the Law of Nations. Nor was this all. In every part of the + Continent of Europe the diplomatic agents of the Cabinet of Washington + have toiled to induce other nations to imitate the example of the United + States. You cannot have forgotten General Cass's letter. You cannot have + forgotten the terms in which his Government communicated to him its + approbation of his conduct. You know as well as I do that, if the United + States had submitted to the Right of Search, there would have been no + outcry against that right in France. Nor do I much blame the French. It is + but natural that, when one maritime Power makes it a point of honour to + refuse us this right, other maritime Powers should think that they cannot, + without degradation, take a different course. It is but natural that a + Frenchman, proud of his country, should ask why the tricolor is to be less + respected then the stars and stripes. The right honourable gentleman says + that, if we assent to my noble friend's amendment, we shall no longer be + able to maintain the Right of Search. Sir, he need not trouble himself + about that right. It is already gone. We have agreed to negotiate on the + subject with France. Everybody knows how that negotiation will end. The + French flag will be exempted from search: Spain will instantly demand, if + she has not already demanded, similar exemption; and you may as well let + her have it with a good grace, and without wrangling. For a Right of + Search, from which the flags of France and America are exempted, is not + worth a dispute. The only system, therefore, which, in the opinion of Her + Majesty's Ministers, has yet been found efficacious for the prevention of + the maritime slave trade, is in fact abandoned. And who is answerable for + this? The United States of America. The chief guilt even of the slave + trade between Africa and Brazil lies, not with the Government of Brazil, + but with that of the United States. And yet the right honourable Baronet + proposes to punish Brazil for the slave trade, and in the same breath + proposes to show favour to the United States, because the United States + are pure from the crime of slave trading. I thank the right honourable + gentleman, the late President of the Board of Trade, for reminding me of + Mr Calhoun's letter. I could not have wished for a better illustration of + my argument. Let anybody who has read that letter say what is the country + which, if we take on ourselves to avenge the wrongs of Africa, ought to be + the first object of our indignation. The Government of the United States + has placed itself on a bad eminence to which Brazil never aspired, and + which Brazil, even if aspiring to it, never could attain. The Government + of the United States has formally declared itself the patron, the champion + of negro slavery all over the world, the evil genius, the Arimanes of the + African race, and seems to take pride in this shameful and odious + distinction. I well understand that an American statesman may say, + "Slavery is a horrible evil; but we were born to it, we see no way at + present to rid ourselves of it: and we must endure it as we best may." + Good and enlightened men may hold such language; but such is not the + language of the American Cabinet. That Cabinet is actuated by a + propagandist spirit, and labours to spread servitude and barbarism with an + ardour such as no other Government ever showed in the cause of freedom and + civilisation. Nay more; the doctrine held at Washington is that this holy + cause sanctifies the most unholy means. These zealots of slavery think + themselves justified in snatching away provinces on the right hand and on + the left, in defiance of public faith and international law, from + neighbouring countries which have free institutions, and this avowedly for + the purpose of diffusing over a wider space the greatest curse that + afflicts humanity. They put themselves at the head of the slavedriving + interest throughout the world, just as Elizabeth put herself at the head + of the Protestant interest; and wherever their favourite institution is in + danger, are ready to stand by it as Elizabeth stood by the Dutch. This, + then, I hold to be demonstrated, that of all societies now existing, the + Republic of the United States is by far the most culpable as respects + slavery and the slave trade. + </p> + <p> + Now then I come to the right honourable Baronet's Budget. He tells us, + that he will not admit Brazilian sugar, because the Brazilian Government + tolerates slavery and connives at the slave trade; and he tells us at the + same time, that he will admit the slave grown cotton and the slave grown + sugar of the United States. I am utterly at a loss to understand how he + can vindicate his consistency. He tells us that if we adopt my noble + friend's proposition, we shall give a stimulus to the slave trade between + Africa and Brazil. Be it so. But is it not equally clear that, if we adopt + the right honourable Baronet's own propositions, we shall give a stimulus + to the slave trade between Virginia and Louisiana? I have not the least + doubt that, as soon as the contents of his Budget are known on the other + side of the Atlantic, the slave trade will become more active than it is + at this moment; that the jobbers in human flesh and blood will be more + busy than ever; that the droves of manacled negroes, moving southward to + their doom, will be more numerous on every road. These will be the fruits + of the right honourable Baronet's measure. Yet he tells us that this part + of his Budget is framed on sound principles and will greatly benefit the + country; and he tells us truth. I mean to vote with him; and I can + perfectly, on my own principles, reconcile to my conscience the vote which + I shall give. How the right honourable Baronet can reconcile the course + which he takes to his conscience, I am at a loss to conceive, and am not a + little curious to know. No man is more capable than he of doing justice to + any cause which he undertakes; and it would be most presumptuous in me to + anticipate the defence which he means to set up. But I hope that the House + will suffer me, as one who feels deeply on this subject, now to explain + the reasons which convince me that I ought to vote for the right + honourable Baronet's propositions respecting the produce of the United + States. In explaining those reasons, I at the same time explain the + reasons which induce me to vote with my noble friend to-night. + </p> + <p> + I say then, Sir, that I fully admit the paramount authority of moral + obligations. But it is important that we should accurately understand the + nature and extent of those obligations. We are clearly bound to wrong no + man. Nay, more, we are bound to regard all men with benevolence. But to + every individual, and to every society, Providence has assigned a sphere + within which benevolence ought to be peculiarly active; and if an + individual or a society neglects what lies within that sphere in order to + attend to what lies without, the result is likely to be harm and not good. + </p> + <p> + It is thus in private life. We should not be justified in injuring a + stranger in order to benefit ourselves or those who are dearest to us. + Every stranger is entitled, by the laws of humanity, to claim from us + certain reasonable good offices. But it is not true that we are bound to + exert ourselves to serve a mere stranger as we are bound to exert + ourselves to serve our own relations. A man would not be justified in + subjecting his wife and children to disagreeable privations, in order to + save even from utter ruin some foreigner whom he never saw. And if a man + were so absurd and perverse as to starve his own family in order to + relieve people with whom he had no acquaintance, there can be little doubt + that his crazy charity would produce much more misery than happiness. + </p> + <p> + It is the same with nations. No statesmen ought to injure other countries + in order to benefit his own country. No statesman ought to lose any fair + opportunity of rendering to foreign nations such good offices as he can + render without a breach of the duty which he owes to the society of which + he is a member. But, after all, our country is our country, and has the + first claim on our attention. There is nothing, I conceive, of + narrow-mindedness in this patriotism. I do not say that we ought to prefer + the happiness of one particular society to the happiness of mankind; but I + say that, by exerting ourselves to promote the happiness of the society + with which we are most nearly connected, and with which we are best + acquainted, we shall do more to promote the happiness of mankind than by + busying ourselves about matters which we do not fully understand, and + cannot efficiently control. + </p> + <p> + There are great evils connected with the factory system in this country. + Some of those evils might, I am inclined to think, be removed or mitigated + by legislation. On that point many of my friends differ from me; but we + all agree in thinking that it is the duty of a British Legislator to + consider the subject attentively, and with a serious sense of + responsibility. There are also great social evils in Russia. The peasants + of that empire are in a state of servitude. The sovereign of Russia is + bound by the most solemn obligations to consider whether he can do + anything to improve the condition of that large portion of his subjects. + If we watch over our factory children, and he watches over his peasants, + much good may be done. But would any good be done if the Emperor of Russia + and the British Parliament were to interchange functions; if he were to + take under his patronage the weavers of Lancashire, if we were to take + under our patronage the peasants of the Volga; if he were to say, "You + shall send no cotton to Russia till you pass a ten Hours' Bill;" if we + were to say, "You shall send no hemp or tallow to England till you + emancipate your serfs?" + </p> + <p> + On these principles, Sir, which seem to me to be the principles of plain + common sense, I can, without resorting to any casuistical subtilties, + vindicate to my own conscience, and, I hope, to my country, the whole + course which I have pursued with respect to slavery. When I first came + into Parliament, slavery still existed in the British dominions. I had, as + it was natural that I should have, a strong feeling on the subject. I + exerted myself, according to my station and to the measure of my + abilities, on the side of the oppressed. I shrank from no personal + sacrifice in that cause. I do not mention this as matter of boast. It was + no more than my duty. The right honourable gentleman, the Secretary of + State for the Home Department, knows that, in 1833, I disapproved of one + part of the measure which Lord Grey's Government proposed on the subject + of slavery. I was in office; and office was then as important to me as it + could be to any man. I put my resignation into the hands of Lord Spencer, + and both spoke and voted against the Administration. To my surprise, Lord + Grey and Lord Spencer refused to accept my resignation, and I remained in + office; but during some days I considered myself as out of the service of + the Crown. I at the same time heartily joined in laying a heavy burden on + the country for the purpose of compensating the planters. I acted thus, + because, being a British Legislator, I thought myself bound, at any cost + to myself and to my constituents, to remove a foul stain from the British + laws, and to redress the wrongs endured by persons who, as British + subjects, were placed under my guardianship. But my especial obligations + in respect of negro slavery ceased when slavery itself ceased in that part + of the world for the welfare of which I, as a member of this House, was + accountable. As for the blacks in the United States, I feel for them, God + knows. But I am not their keeper. I do not stand in the same relation to + the slaves of Louisiana and Alabama in which I formerly stood to the + slaves of Demerara and Jamaica. I am bound, on the other hand, by the most + solemn obligations, to promote the interests of millions of my own + countrymen, who are indeed by no means in a state so miserable and + degraded as that of the slaves in the United States, but who are toiling + hard from sunrise to sunset in order to obtain a scanty subsistence; who + are often scarcely able to procure the necessaries of life; and whose lot + would be alleviated if I could open new markets to them, and free them + from taxes which now press heavily on their industry. I see clearly that, + by excluding the produce of slave labour from our ports, I should inflict + great evil on my fellow-subjects and constituents. But the good which, by + taking such a course, I should do to the negroes in the United States + seems to me very problematical. That by admitting slave grown cotton and + slave grown sugar we do, in some sense, encourage slavery and the Slave + Trade, may be true. But I doubt whether, by turning our fiscal code into a + penal code for restraining the cruelty of the American planters, we should + not, on the whole, injure the negroes rather than benefit them. No + independent nation will endure to be told by another nation, "We are more + virtuous than you; we have sate in judgment on your institutions; we find + them to be bad; and, as a punishment for your offences, we condemn you to + pay higher duties at our Custom House than we demand from the rest of the + world." Such language naturally excites the resentment of foreigners. I + can make allowance for their susceptibility. For I myself sympathise with + them, I know that Ireland has been misgoverned; and I have done, and + purpose to do, my best to redress her grievances. But when I take up a New + York journal, and read there the rants of President Tyler's son, I feel so + much disgusted by such insolent absurdity that I am for a moment inclined + to deny that Ireland has any reason whatever to complain. It seems to me + that if ever slavery is peaceably extinguished in the United States, that + great and happy change must be brought about by the efforts of those + enlightened and respectable American citizens who hate slavery as much as + we hate it. Now I cannot help fearing that, if the British Parliament were + to proclaim itself the protector and avenger of the American slave, the + pride of those excellent persons would take the alarm. It might become a + point of national honour with them to stand by an institution which they + have hitherto regarded as a national disgrace. We should thus confer no + benefit on the negro; and we should at the same time inflict cruel + suffering on our own countrymen. + </p> + <p> + On these grounds, Sir, I can, with a clear conscience, vote for the right + honourable Baronet's propositions respecting the cotton and sugar of the + United States. But on exactly the same grounds I can, with a clear + conscience, vote for the amendment of my noble friend. And I confess that + I shall be much surprised if the right honourable Baronet shall be able to + point out any distinction between the cases. + </p> + <p> + I have detained you too long, Sir; yet there is one point to which I must + refer; I mean the refining. Was such a distinction ever heard of? Is there + anything like it in all Pascal's Dialogues with the old Jesuit? Not for + the world are we to eat one ounce of Brazilian sugar. But we import the + accursed thing; we bond it; we employ our skill and machinery to render it + more alluring to the eye and to the palate; we export it to Leghorn and + Hamburg; we send it to all the coffee houses of Italy and Germany: we + pocket a profit on all this; and then we put on a Pharisaical air, and + thank God that we are not like those wicked Italians and Germans who have + no scruple about swallowing slave grown sugar. Surely this sophistry is + worthy only of the worst class of false witnesses. "I perjure myself! Not + for the world. I only kissed my thumb; I did not put my lips to the + calf-skin." I remember something very like the right honourable Baronet's + morality in a Spanish novel which I read long ago. I beg pardon of the + House for detaining them with such a trifle; but the story is much to the + purpose. A wandering lad, a sort of Gil Blas, is taken into the service of + a rich old silversmith, a most pious man, who is always telling his beads, + who hears mass daily, and observes the feasts and fasts of the church with + the utmost scrupulosity. The silversmith is always preaching honesty and + piety. "Never," he constantly repeats to his young assistant, "never touch + what is not your own; never take liberties with sacred things." Sacrilege, + as uniting theft with profaneness, is the sin of which he has the deepest + horror. One day, while he is lecturing after his usual fashion, an + ill-looking fellow comes into the shop with a sack under his arm. "Will + you buy these?" says the visitor, and produces from the sack some church + plate and a rich silver crucifix. "Buy them!" cries the pious man. "No, + nor touch them; not for the world. I know where you got them. Wretch that + you are, have you no care for your soul?" "Well then," says the thief, "if + you will not buy them, will you melt them down for me?" "Melt them down!" + answers the silver smith, "that is quite another matter." He takes the + chalices and the crucifix with a pair of tongs; the silver, thus in bond, + is dropped into the crucible, melted, and delivered to the thief, who lays + down five pistoles and decamps with his booty. The young servant stares at + this strange scene. But the master very gravely resumes his lecture. "My + son," he says, "take warning by that sacrilegious knave, and take example + by me. Think what a load of guilt lies on his conscience. You will see him + hanged before long. But as to me, you saw that I would not touch the + stolen property. I keep these tongs for such occasions. And thus I thrive + in the fear of God, and manage to turn an honest penny." You talk of + morality. What can be more immoral than to bring ridicule on the very name + of morality, by drawing distinctions where there are no differences? Is it + not enough that this dishonest casuistry has already poisoned our + theology? Is it not enough that a set of quibbles has been devised, under + cover of which a divine may hold the worst doctrines of the Church of + Rome, and may hold with them the best benefice of the Church of England? + Let us at least keep the debates of this House free from the sophistry of + Tract Number Ninety. + </p> + <p> + And then the right honourable gentleman, the late President of the Board + of Trade, wonders that other nations consider our abhorrence of slavery + and the Slave Trade as sheer hypocrisy. Why, Sir, how should it be + otherwise? And, if the imputation annoys us, whom have we to thank for it? + Numerous and malevolent as our detractors are, none of them was ever so + absurd as to charge us with hypocrisy because we took slave grown tobacco + and slave grown cotton, till the Government began to affect scruples about + admitting slave grown sugar. Of course, as soon as our Ministers + ostentatiously announced to all the world that our fiscal system was + framed on a new and sublime moral principle, everybody began to inquire + whether we consistently adhered to that principle. It required much less + acuteness and much less malevolence than that of our neighbours to + discover that this hatred of slave grown produce was mere grimace. They + see that we not only take tobacco produced by means of slavery and of the + Slave Trade, but that we positively interdict freemen in this country from + growing tobacco. They see that we not only take cotton produced by means + of slavery and of the Slave Trade, but that we are about to exempt this + cotton from all duty. They see that we are at this moment reducing the + duty on the slave grown sugar of Louisiana. How can we expect them to + believe that it is from a sense of justice and humanity that we lay a + prohibitory duty on the sugar of Brazil? I care little for the abuse which + any foreign press or any foreign tribune may throw on the Machiavelian + policy of perfidious Albion. What gives me pain is, not that the charge of + hypocrisy is made, but that I am unable to see how it is to be refuted. + </p> + <p> + Yet one word more. The right honourable gentleman, the late President of + the Board of Trade, has quoted the opinions of two persons, highly + distinguished by the exertions which they made for the abolition of + slavery, my lamented friend, Sir Thomas Fowell Buxton, and Sir Stephen + Lushington. It is most true that those eminent persons did approve of the + principle laid down by the right honourable Baronet opposite in 1841. I + think that they were in error; but in their error I am sure that they were + sincere, and I firmly believe that they would have been consistent. They + would have objected, no doubt, to my noble friend's amendment; but they + would have objected equally to the right honourable Baronet's budget. It + was not prudent, I think, in gentlemen opposite to allude to those + respectable names. The mention of those names irresistibly carries the + mind back to the days of the great struggle for negro freedom. And it is + but natural that we should ask where, during that struggle, were those who + now profess such loathing for slave grown sugar? The three persons who are + chiefly responsible for the financial and commercial policy of the present + Government I take to be the right honourable Baronet at the head of the + Treasury, the right honourable gentleman the Chancellor of the Exchequer, + and the right honourable gentleman the late President of the Board of + Trade. Is there anything in the past conduct of any one of the three which + can lead me to believe that his sensibility to the evils of slavery is + greater than mine? I am sure that the right honourable Baronet the first + Lord of the Treasury would think that I was speaking ironically if I were + to compliment him on his zeal for the liberty of the negro race. Never + once, during the whole of the long and obstinate conflict which ended in + the abolition of slavery in our colonies, did he give one word, one sign + of encouragement to those who suffered and laboured for the good cause. + The whole weight of his great abilities and influence was in the other + scale. I well remember that, so late as 1833, he declared in this House + that he could give his assent neither to the plan of immediate + emancipation proposed by my noble friend who now represents Sunderland + (Lord Howick.), nor to the plan of gradual emancipation proposed by Lord + Grey's government. I well remember that he said, "I shall claim no credit + hereafter on account of this bill; all that I desire is to be absolved + from the responsibility." As to the other two right honourable gentlemen + whom I have mentioned, they are West Indians; and their conduct was that + of West Indians. I do not wish to give them pain, or to throw any + disgraceful imputation on them. Personally I regard them with feelings of + goodwill and respect. I do not question their sincerity; but I know that + the most honest men are but too prone to deceive themselves into the + belief that the path towards which they are impelled by their own + interests and passions is the path of duty. I am conscious that this might + be my own case; and I believe it to be theirs. As the right honourable + gentleman, the Chancellor of the Exchequer, has left the House, I will + only say that, with respect to the question of slavery, he acted after the + fashion of the class to which he belonged. But as the right honourable + gentleman, the late President of the Board of Trade, is in his place, he + must allow me to bring to his recollection the part which he took in the + debates of 1833. He then said, "You raise a great clamour about the + cultivation of sugar. You say that it is a species of industry fatal to + the health and life of the slave. I do not deny that there is some + difference between the labour of a sugar plantation and the labour of a + cotton plantation, or a coffee plantation. But the difference is not so + great as you think. In marshy soils, the slaves who cultivate the sugar + cane suffer severely. But in Barbadoes, where the air is good, they thrive + and multiply." He proceeded to say that, even at the worst, the labour of + a sugar plantation was not more unhealthy than some kinds of labour in + which the manufacturers of England are employed, and which nobody thinks + of prohibiting. He particularly mentioned grinding. "See how grinding + destroys the health, the sight, the life. Yet there is no outcry against + grinding." He went on to say that the whole question ought to be left by + Parliament to the West Indian Legislature. [Mr Gladstone: "Really I never + said so. You are not quoting me at all correctly."] What, not about the + sugar cultivation and the grinding? [Mr Gladstone: "That is correct; but I + never recommended that the question should be left to the West Indian + Legislatures."] I have quoted correctly. But since my right honourable + friend disclaims the sentiment imputed to him by the reporters, I shall + say no more about it. I have no doubt that he is quite right, and that + what he said was misunderstood. What is undisputed is amply sufficient for + my purpose. I see that the persons who now show so much zeal against + slavery in foreign countries, are the same persons who formerly + countenanced slavery in the British Colonies. I remember a time when they + maintained that we were bound in justice to protect slave grown sugar + against the competition of free grown sugar, and even of British free + grown sugar. I now hear them calling on us to protect free grown sugar + against the competition of slave grown sugar. I remember a time when they + extenuated as much as they could the evils of the sugar cultivation. I now + hear them exaggerating those evils. But, devious as their course has been, + there is one clue by which I can easily track them through the whole maze. + Inconstant in everything else, they are constant in demanding protection + for the West Indian planter. While he employs slaves, they do their best + to apologise for the evils of slavery. As soon as he is forced to employ + freemen, they begin to cry up the blessings of freedom. They go round the + whole compass, and yet to one point they steadfastly adhere: and that + point is the interest of the West Indian proprietors. I have done, Sir; + and I thank the House most sincerely for the patience and indulgence with + which I have been heard. I hope that I have at least vindicated my own + consistency. How Her Majesty's Ministers will vindicate their consistency, + how they will show that their conduct has at all times been guided by the + same principles, or even that their conduct at the present time is guided + by any fixed principle at all, I am unable to conjecture. + </p> + <hr /> + <p> + <a name="link2H_4_0025" id="link2H_4_0025"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + MAYNOOTH. (APRIL 14, 1845) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON + THE 14TH OF APRIL, 1845. + </h2> + <p> + On Saturday the eleventh of April, 1845, Sir Robert Peel moved the second + reading of the Maynooth College Bill. After a debate of six nights the + motion was carried by 323 votes to 176. On the second night the following + Speech was made. + </p> + <p> + I do not mean, Sir, to follow the honourable gentleman who has just sate + down into a discussion on an amendment which is not now before us. When my + honourable friend the Member for Sheffield shall think it expedient to + make a motion on that important subject to which he has repeatedly called + the attention of the House, I may, perhaps, ask to be heard. At present I + shall content myself with explaining the reasons which convince me that it + is my duty to vote for the second reading of this bill; and I cannot, I + think, better explain those reasons than by passing in review, as rapidly + as I can, the chief objections which have been made to the bill here and + elsewhere. + </p> + <p> + The objectors, Sir, may be divided into three classes. The first class + consists of those persons who object, not to the principle of the grant to + Maynooth College, but merely to the amount. The second class consists of + persons who object on principle to all grants made to a church which they + regard as corrupt. The third class consists of persons who object on + principle to all grants made to churches, whether corrupt or pure. + </p> + <p> + Now, Sir, of those three classes the first is evidently that which takes + the most untenable ground. How any person can think that Maynooth College + ought to be supported by public money, and yet can think this bill too bad + to be suffered to go into Committee, I do not well understand. I am forced + however to believe that there are many such persons. For I cannot but + remember that the old annual vote attracted scarcely any notice; and I see + that this bill has produced violent excitement. I cannot but remember that + the old annual vote used to pass with very few dissentients; and I see + that great numbers of gentlemen, who never were among those dissentients, + have crowded down to the House in order to divide against this bill. It is + indeed certain that a large proportion, I believe a majority, of those + members who cannot, as they assure us, conscientiously support the plan + proposed by the right honourable Baronet at the head of the Government, + would without the smallest scruple have supported him if he had in this, + as in former years, asked us to give nine thousand pounds for twelve + months. So it is: yet I cannot help wondering that it should be so. For + how can any human ingenuity turn a question between nine thousand pounds + and twenty-six thousand pounds, or between twelve months and an indefinite + number of months, into a question of principle? Observe: I am not now + answering those who maintain that nothing ought to be given out of the + public purse to a corrupt church; nor am I now answering those who + maintain that nothing ought to be given out of the public purse to any + church whatever. They, I admit, oppose this bill on principle. I perfectly + understand, though I do not myself hold, the opinion of the zealous + voluntary who says, "Whether the Roman Catholic Church teaches truth or + error, she ought to have no assistance from the State." I also perfectly + understand, though I do not myself hold, the opinion of the zealous + Protestant who says, "The Roman Catholic Church teaches error, and + therefore ought to have no assistance from the State." But I cannot + understand the reasoning of the man who says, "In spite of the errors of + the Roman Catholic Church, I think that she ought to have some assistance + from the State; but I am bound to mark my abhorrence of her errors by + doling out to her a miserable pittance. Her tenets are so absurd and + noxious that I will pay the professor who teaches them wages less than I + should offer to my groom. Her rites are so superstitious that I will take + care that they shall be performed in a chapel with a leaky roof and a + dirty floor. By all means let us keep her a college, provided only that it + be a shabby one. Let us support those who are intended to teach her + doctrines and to administer her sacraments to the next generation, + provided only that every future priest shall cost us less than a foot + soldier. Let us board her young theologians; but let their larder be so + scantily supplied that they may be compelled to break up before the + regular vacation from mere want of food. Let us lodge them; but let their + lodging be one in which they may be packed like pigs in a stye, and be + punished for their heterodoxy by feeling the snow and the wind through the + broken panes." Is it possible to conceive anything more absurd or more + disgraceful? Can anything be clearer than this, that whatever it is lawful + to do it is lawful to do well? If it be right that we should keep up this + college at all, it must be right that we should keep it up respectably. + Our national dignity is concerned. For this institution, whether good or + bad, is, beyond all dispute, a very important institution. Its office is + to form the character of those who are to form the character of millions. + Whether we ought to extend any patronage to such an institution is a + question about which wise and honest men may differ. But that, as we do + extend our patronage to such an institution, our patronage ought to be + worthy of the object, and worthy of the greatness of our country, is a + proposition from which I am astonished to hear any person dissent. + </p> + <p> + It is, I must say, with a peculiarly bad grace that one of the members for + the University to which I have the honour to belong (The Honourable + Charles Law, Member for the University of Cambridge.), a gentleman who + never thought himself bound to say a word or to give a vote against the + grant of nine thousand pounds, now vehemently opposes the grant of + twenty-six thousand pounds as exorbitant. When I consider how munificently + the colleges of Cambridge and Oxford are endowed, and with what pomp + religion and learning are there surrounded; when I call to mind the long + streets of palaces, the towers and oriels, the venerable cloisters, the + trim gardens, the organs, the altar pieces, the solemn light of the + stained windows, the libraries, the museums, the galleries of painting and + sculpture; when I call to mind also the physical comforts which are + provided both for instructors and for pupils; when I reflect that the very + sizars and servitors are far better lodged and fed than those students who + are to be, a few years hence, the priests and bishops of the Irish people; + when I think of the spacious and stately mansions of the heads of houses, + of the commodious chambers of the fellows and scholars, of the + refectories, the combination rooms, the bowling greens, the stabling, of + the state and luxury of the great feast days, of the piles of old plate on + the tables, of the savoury steam of the kitchens, of the multitudes of + geese and capons which turn at once on the spits, of the oceans of + excellent ale in the butteries; and when I remember from whom all this + splendour and plenty is derived; when I remember what was the faith of + Edward the Third and of Henry the Sixth, of Margaret of Anjou and Margaret + of Richmond, of William of Wykeham and William of Waynefleet, of + Archbishop Chicheley and Cardinal Wolsey; when I remember what we have + taken from the Roman Catholics, King's College, New College, Christ + Church, my own Trinity; and when I look at the miserable Dotheboys Hall + which we have given them in exchange, I feel, I must own, less proud than + I could wish of being a Protestant and a Cambridge man. + </p> + <p> + Some gentlemen, it is true, have made an attempt to show that there is a + distinction of principle between the old grant which they have always + supported and the larger grant which they are determined to oppose. But + never was attempt more unsuccessful. They say that, at the time of the + Union, we entered into an implied contract with Ireland to keep up this + college. We are therefore, they argue, bound by public faith to continue + the old grant; but we are not bound to make any addition to that grant. + Now, Sir, on this point, though on no other, I do most cordially agree + with those petitioners who have, on this occasion, covered your table with + such huge bales of spoiled paper and parchment. I deny the existence of + any such contract. I think myself perfectly free to vote for the abolition + of this college, if I am satisfied that it is a pernicious institution; as + free as I am to vote against any item of the ordnance estimates; as free + as I am to vote for a reduction of the number of marines. It is strange, + too, that those who appeal to this imaginary contract should not perceive + that, even if their fiction be admitted as true, it will by no means get + them out of their difficulty. Tell us plainly what are the precise terms + of the contract which you suppose Great Britain to have made with Ireland + about this college. Whatever the terms be, they will not serve your + purpose. Was the contract this, that the Imperial Parliament would do for + the college what the Irish Parliament had been used to do? Or was the + contract this, that the Imperial Parliament would keep the college in a + respectable and efficient state? If the former was the contract, nine + thousand pounds would be too much. If the latter was the contract, you + will not, I am confident, be able to prove that twenty-six thousand pounds + is too little. + </p> + <p> + I have now, I think, said quite as much as need be said in answer to those + who maintain that we ought to give support to this college, but that the + support ought to be niggardly and precarious. I now come to another and a + much more formidable class of objectors. Their objections may be simply + stated thus. No man can justifiably, either as an individual or as a + trustee for the public, contribute to the dissemination of religious + error. But the church of Rome teaches religious error. Therefore we cannot + justifiably contribute to the support of an institution of which the + object is the dissemination of the doctrines of the Church of Rome. Now, + Sir, I deny the major of this syllogism. I think that there are occasions + on which we are bound to contribute to the dissemination of doctrines with + which errors are inseparably intermingled. Let me be clearly understood. + The question is not whether we should teach truth or teach error, but + whether we should teach truth adulterated with error, or teach no truth at + all. The constitution of the human mind is such that it is impossible to + provide any machinery for the dissemination of truth which shall not, with + the truth, disseminate some error. Even those rays which come down to us + from the great source of light, pure as they are in themselves, no sooner + enter that gross and dark atmosphere in which we dwell than the they are + so much refracted, discoloured, and obscured, that they too often lead us + astray. It will be generally admitted that, if religious truth can be + anywhere found untainted by error, it is in the Scriptures. Yet is there + actually on the face of the globe a single copy of the Scriptures of which + it can be said that it contains truth absolutely untainted with error? Is + there any manuscript, any edition of the Old or New Testament in the + original tongues, which any scholar will pronounce faultless? But to the + vast majority of Christians the original tongues are and always must be + unintelligible. With the exception of perhaps one man in ten thousand, we + must be content with translations. And is there any translation in which + there are not numerous mistakes? Are there not numerous mistakes even in + our own authorised version, executed as that version was with painful + diligence and care, by very able men, and under very splendid patronage? + Of course mistakes must be still more numerous in those translations which + pious men have lately made into Bengalee, Hindostanee, Tamul, Canarese, + and other Oriental tongues. I admire the zeal, the industry, the energy of + those who, in spite of difficulties which to ordinary minds would seem + insurmountable, accomplished that arduous work. I applaud those benevolent + societies which munificently encouraged that work. But I have been assured + by good judges that the translations have many faults. And how should it + have been otherwise? How should an Englishman produce a faultless + translation from the Hebrew into the Cingalese? I say, therefore, that + even the Scriptures, in every form in which men actually possess them, + contain a certain portion of error. And, if this be so, how can you look + for pure undefecated truth in any other composition? You contribute, + without any scruple, to the printing of religious tracts, to the + establishing of Sunday Schools, to the sending forth of missionaries. But + are your tracts perfect? Are your schoolmasters infallible? Are your + missionaries inspired? Look at the two churches which are established in + this island. Will you say that they both teach truth without any mixture + of error? That is impossible. For they teach different doctrines on more + than one important subject. It is plain therefore, that if, as you tell + us, it be a sin in a state to patronise an institution which teaches + religious error, either the Church of England or the Church of Scotland + ought to be abolished. But will anybody even venture to affirm that either + of those churches teaches truth without any mixture of error? Have there + not long been in the Church of Scotland two very different schools of + theology? During many years, Dr Robertson, the head of the moderate party, + and Dr Erskine, the head of the Calvinistic party, preached under the same + roof, one in the morning, the other in the evening. They preached two + different religions, so different that the followers of Robertson thought + the followers of Erskine fanatics, and the followers of Erskine thought + the followers of Robertson Arians or worse. And is there no mixture of + error in the doctrine taught by the clergy of the Church of England? Is + not the whole country at this moment convulsed by disputes as to what the + doctrine of the Church on some important subjects really is? I shall not + take on myself to say who is right and who is wrong. But this I say with + confidence, that, whether the Tractarians or the Evangelicals be in the + right, many hundreds of those divines who every Sunday occupy the pulpits + of our parish churches must be very much in the wrong. + </p> + <p> + Now, Sir, I see that many highly respectable persons, who think it a sin + to contribute to the teaching of error at Maynooth College, think it not + merely lawful, but a sacred duty, to contribute to the teaching of error + in the other cases which I have mentioned. They know that our version of + the Bible contains some error. Yet they subscribe to the Bible Society. + They know that the Serampore translations contain a still greater quantity + of error. Yet they give largely towards the printing and circulating of + those translations. My honourable friend the Member for the University of + Oxford will not deny that there is among the clergy of the Church of + England a Puritan party, and also an Anti-puritan party, and that one of + these parties must teach some error. Yet he is constantly urging us to + grant to this Church an additional endowment of I know not how many + hundreds of thousands of pounds. He would doubtless defend himself by + saying that nothing on earth is perfect; that the purest religious society + must consist of human beings, and must have those defects which arise from + human infirmities; and that the truths held by the established clergy, + though not altogether unalloyed with error, are so precious, that it is + better that they should be imparted to the people with the alloy than that + they should not be imparted at all. Just so say I. I am sorry that we + cannot teach pure truth to the Irish people. But I think it better that + they should have important and salutary truth, polluted by some error, + than that they should remain altogether uninstructed. I heartily wish that + they were Protestants. But I had rather that they should be Roman + Catholics than that they should have no religion at all. Would you, says + one gentleman, teach the people to worship Jugernaut or Kalee? Certainly + not. My argument leads to no such conclusion. The worship of Jugernaut and + Kalee is a curse to mankind. It is much better that people should be + without any religion than that they should believe in a religion which + enjoins prostitution, suicide, robbery, assassination. But will any + Protestant deny that it is better that the Irish should be Roman Catholics + than that they should live and die like the beasts of the field, indulge + their appetites without any religious restraint, suffer want and calamity + without any religious consolation, and go to their graves without any + religious hope? These considerations entirely satisfy my mind. Of course I + would not propagate error for its own sake. To do so would be not merely + wicked, but diabolical. But, in order that I may be able to propagate + truth, I consent to propagate that portion of error which adheres to + truth, and which cannot be separated from truth. I wish Christianity to + have a great influence on the peasantry of Ireland. I see no probability + that Christianity will have that influence except in one form. That form I + consider as very corrupt. Nevertheless, the good seems to me greatly to + predominate over the evil; and therefore, being unable to get the good + alone, I am content to take the good and the evil together. + </p> + <p> + I now come to the third class of our opponents. I mean those who take + their stand on the voluntary principle. I will not, on this occasion, + inquire whether they are right in thinking that governments ought not to + contribute to the support of any religion, true or false. For it seems to + me that, even if I were to admit that the general rule is correctly laid + down by them, the present case would be an exception to that rule. The + question on which I am about to vote is not whether the State shall or + shall not give any support to religion in Ireland. The State does give + such support, and will continue to give such support, whatever may be the + issue of this debate. The only point which we have now to decide is + whether, while such support is given, it shall be given exclusively to the + religion of the minority. Here is an island with a population of near + eight millions, and with a wealthy established church, the members of + which are little more than eight hundred thousand. There is an archbishop + with ten thousand a year. If I recollect rightly, seventy thousand pounds + are divided among twelve prelates. At the same time the Protestant + dissenters in the north of Ireland receive, in another form, support from + the State. But the great majority of the population, the poorest part of + the population, the part of the population which is most in need of + assistance, the part of the population which holds that faith for the + propagation of which the tithes were originally set apart, and the church + lands originally given, is left to maintain its own priests. Now is not + this a case which stands quite by itself? And may not even those who hold + the general proposition, that every man ought to pay his own spiritual + pastor, yet vote, without any inconsistency, for this bill? I was + astonished to hear the honourable Member for Shrewsbury (Mr Disraeli.) + tell us that, if we make this grant, it will be impossible for us to + resist the claims of any dissenting sect. He particularly mentioned the + Wesleyan Methodists. Are the cases analogous? Is there the slightest + resemblance between them? Let the honourable gentleman show me that of the + sixteen millions of people who inhabit England thirteen millions are + Wesleyan Methodists. Let him show me that the members of the Established + Church in England are only one tenth of the population. Let him show me + that English dissenters who are not Wesleyan Methodists receive a Regium + Donum. Let him show me that immense estates bequeathed to John Wesley for + the propagation of Methodism have, by Act of Parliament, been taken from + the Methodists and given to the Church. If he can show me this, I promise + him that, whenever the Wesleyan Methodists shall ask for twenty-six + thousand pounds a year to educate their ministers, I shall be prepared to + grant their request. But neither the case of the Methodists nor any other + case which can be mentioned, resembles the case with which we have to do. + Look round Europe, round the world, for a parallel; and you will look in + vain. Indeed the state of things which exists in Ireland never could have + existed had not Ireland been closely connected with a country, which + possessed a great superiority of power, and which abused that superiority. + The burden which we are now, I hope, about to lay on ourselves is but a + small penalty for a great injustice. Were I a staunch voluntary, I should + still feel that, while the church of eight hundred thousand people retains + its great endowments, I should not be justified in refusing this small + boon to the church of eight millions. + </p> + <p> + To sum up shortly what I have said; it is clear to me in the first place + that, if we have no religious scruple about granting to this College nine + thousand pounds for one year, we ought to have no religious scruple about + granting twenty-six thousand pounds a year for an indefinite term. + </p> + <p> + Secondly, it seems to me that those persons who tell us that we ought + never in any circumstances to contribute to the propagation of error do in + fact lay down a rule which would altogether interdict the propagation of + truth. + </p> + <p> + Thirdly, it seems to me that, even on the hypothesis that the voluntary + principle is the sound principle, the present case is an excepted case, to + which it would be unjust and unwise to apply that principle. + </p> + <p> + So much, Sir, as to this bill; and now let me add a few words about those + by whom it has been framed and introduced. We were exhorted, on the first + night of this debate, to vote against the bill, without inquiring into its + merits, on the ground that, good or bad, it was proposed by men who could + not honestly and honourably propose it. A similar appeal has been made to + us this evening. In these circumstances, Sir, I must, not I hope from + party spirit, not, I am sure, from personal animosity, but from a regard + for the public interest, which must be injuriously affected by everything + which tends to lower the character of public men, say plainly what I think + of the conduct of Her Majesty's Ministers. Undoubtedly it is of the + highest importance that we should legislate well. But it is also of the + highest importance that those who govern us should have, and should be + known to have, fixed principles, and should be guided by those principles + both in office and in opposition. It is of the highest importance that the + world should not be under the impression that a statesman is a person who, + when he is out, will profess and promise anything in order to get in, and + who, when he is in, will forget all that he professed and promised when he + was out. I need not, I suppose, waste time in proving that a law may be in + itself an exceedingly good law, and yet that it may be a law which, when + viewed in connection with the former conduct of those who proposed it, may + prove them to be undeserving of the confidence of their country. When this + is the case, our course is clear. We ought to distinguish between the law + and its authors. The law we ought, on account of its intrinsic merits, to + support. Of the authors of the law, it may be our duty to speak in terms + of censure. + </p> + <p> + In such terms I feel it to be my duty to speak of Her Majesty's present + advisers. I have no personal hostility to any of them; and that political + hostility which I do not disavow has never prevented me from doing justice + to their abilities and virtues. I have always admitted, and I now most + willingly admit, that the right honourable Baronet at the head of the + Government possesses many of the qualities of an excellent minister, + eminent talents for debate, eminent talents for business, great + experience, great information, great skill in the management of this + House. I will go further, and say that I give him full credit for a + sincere desire to promote the welfare of his country. Nevertheless, it is + impossible for me to deny that there is too much ground for the reproaches + of those who, having, in spite of a bitter experience, a second time + trusted him, now find themselves a second time deluded. I cannot but see + that it has been too much his practice, when in opposition, to make use of + passions with which he has not the slightest sympathy, and of prejudices + which he regards with profound contempt. As soon as he is in power a + change takes place. The instruments which have done his work are flung + aside. The ladder by which he has climbed is kicked down. I am forced to + say that the right honourable Baronet acts thus habitually and on system. + The instance before us is not a solitary instance. I do not wish to dwell + on the events which took place seventeen or eighteen years ago, on the + language which the right honourable Baronet held about the Catholic + question when he was out of power in 1827, and on the change which twelve + months of power produced. I will only say that one such change was quite + enough for one life. Again the right honourable Baronet was in opposition; + and again he employed his old tactics. I will not minutely relate the + history of the manoeuvres by which the Whig Government was overthrown. It + is enough to say that many powerful interests were united against that + Government under the leading of the right honourable Baronet, and that of + those interests there is not one which is not now disappointed and + complaining. To confine my remarks to the subject immediately before us—can + any man deny that, of all the many cries which were raised against the + late administration, that which most strongly stirred the public mind was + the cry of No Popery? Is there a single gentleman in the House who doubts + that, if, four years ago, my noble friend the Member for the City of + London had proposed this bill, he would have been withstood by every + member of the present Cabinet? Four years ago, Sir, we were discussing a + very different bill. The party which was then in opposition, and which is + now in place, was attempting to force through Parliament a law, which bore + indeed a specious name, but of which the effect would have been to + disfranchise the Roman Catholic electors of Ireland by tens of thousands. + It was in vain that we argued, that we protested, that we asked for the + delay of a single session, for delay till an inquiry could be made, for + delay till a Committee should report. We were told that the case was one + of extreme urgency, that every hour was precious, that the House must, + without loss of time, be purged of the minions of Popery. These arts + succeeded. A change of administration took place. The right honourable + Baronet came into power. He has now been near four years in power. He has + had a Parliament which would, beyond all doubt, have passed eagerly and + gladly that Registration Bill which he and his colleagues had pretended + that they thought indispensable to the welfare of the State. And where is + that bill now? Flung away; condemned by its own authors; pronounced by + them to be so oppressive, so inconsistent with all the principles of + representative government, that, though they had vehemently supported it + when they were on your left hand, they could not think of proposing it + from the Treasury Bench. And what substitute does the honourable Baronet + give his followers to console them for the loss of their favourite + Registration Bill? Even this bill for the endowment of Maynooth College. + Was such a feat of legerdemain ever seen? And can we wonder that the + eager, honest, hotheaded Protestants, who raised you to power in the + confident hope that you would curtail the privileges of the Roman + Catholics, should stare and grumble when you propose to give public money + to the Roman Catholics? Can we wonder that, from one end of the country to + the other, everything should be ferment and uproar, that petitions should, + night after night, whiten all our benches like a snowstorm? Can we wonder + that the people out of doors should be exasperated by seeing the very men + who, when we were in office, voted against the old grant to Maynooth, now + pushed and pulled into the House by your whippers-in to vote for an + increased grant? The natural consequences follow. All those fierce + spirits, whom you hallooed on to harass us, now turn round and begin to + worry you. The Orangeman raises his war-whoop: Exeter Hall sets up its + bray: Mr Macneile shudders to see more costly cheer than ever provided for + the priests of Baal at the table of the Queen; and the Protestant + operatives of Dublin call for impeachments in exceedingly bad English. But + what did you expect? Did you think, when, to serve your turn, you called + the Devil up, that it was as easy to lay him as to raise him? Did you + think, when you went on, session after session, thwarting and reviling + those whom you knew to be in the right, and flattering all the worst + passions of those whom you knew to be in the wrong, that the day of + reckoning would never come? It has come. There you sit, doing penance for + the disingenuousness of years. If it be not so, stand up manfully and + clear your fame before the House and the country. Show us that some steady + principle has guided your conduct with respect to Irish affairs. Show us + how, if you are honest in 1845, you can have been honest in 1841. Explain + to us why, after having goaded Ireland to madness for the purpose of + ingratiating yourselves with the English, you are now setting England on + fire for the purpose of ingratiating yourselves with the Irish. Give us + some reason which shall prove that the policy which you are following, as + Ministers, is entitled to support, and which shall not equally prove you + to have been the most factious and unprincipled opposition that ever this + country saw. + </p> + <p> + But, Sir, am I, because I think thus of the conduct of Her Majesty's + Ministers, to take the counsel of the honourable member for Shrewsbury and + to vote against their bill? Not so. I know well that the fate of this bill + and the fate of the administration are in our hands. But far be it from us + to imitate the arts by which we were overthrown. The spectacle exhibited + on the bench opposite will do quite mischief enough. That mischief will + not be lessened, but doubled, if there should be an answering display of + inconsistency on this side of the House. If this bill, having been + introduced by Tories, shall be rejected by Whigs, both the great parties + in the State will be alike discredited. There will be one vast shipwreck + of all the public character in the country. Therefore, making up my mind + to sacrifices which are not unattended with pain, and repressing some + feelings which stir strongly within me, I have determined to give my + strenuous support to this bill. Yes, Sir, to this bill, and to every bill + which shall seem to me likely to promote the real Union of Great Britain + and Ireland, I will give my support, regardless of obloquy, regardless of + the risk which I may run of losing my seat in Parliament. For such obloquy + I have learned to consider as true glory; and as to my seat I am + determined that it never shall be held by an ignominious tenure; and I am + sure that it can never be lost in a more honourable cause. + </p> + <hr /> + <p> + <a name="link2H_4_0026" id="link2H_4_0026"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THE CHURCH OF IRELAND. (APRIL 23, 1845.) A SPEECH DELIVERED IN THE HOUSE + OF COMMONS ON THE 23RD OF APRIL 1845. + </h2> + <p> + On the twenty-third of April 1845, the order of the day for going into + Committee on the Maynooth College Bill was read. On the motion that the + Speaker should leave the chair, Mr Ward, Member for Sheffield, proposed + the following amendment:— + </p> + <p> + "That it is the opinion of this House that any provision to be made for + the purposes of the present Bill ought to be taken from the funds already + applicable to ecclesiastical purposes in Ireland." + </p> + <p> + After a debate of two nights the amendment was rejected by 322 votes to + 148. On the first night the following Speech was made. + </p> + <p> + I was desirous, Sir, to catch your eye this evening, because it happens + that I have never yet found an opportunity of fully explaining my views on + the important subject of the Irish Church. Indeed, I was not in this + country when that subject for a time threw every other into the shade, + disturbed the whole political world, produced a schism in the + Administration of Lord Grey, and overthrew the short Administration of the + right honourable Baronet opposite. The motion now before us opens, I + conceive, the whole question. My honourable friend the Member for + Sheffield, indeed, asks us only to transfer twenty-six thousand pounds a + year from the Established Church of Ireland to the College of Maynooth. + But this motion, I think, resembles an action of ejectment brought for a + single farm, with the view of trying the title to a large estate. Whoever + refuses to assent to what is now proposed must be considered as holding + the opinion that the property of the Irish Church ought to be held + inviolate: and I can scarcely think that any person will vote for what is + now proposed, who is not prepared to go very much farther. The point at + issue, I take, therefore, to be this; whether the Irish Church, as now + constituted, shall be maintained or not? + </p> + <p> + Now, Sir, when a legislator is called up to decide whether an institution + shall be maintained or not, it seems to me that he ought in the first + place to examine whether it be a good or a bad institution. This may sound + like a truism; but if I am to judge by the speeches which, on this and + former occasions, have been made by gentlemen opposite, it is no truism, + but an exceedingly recondite truth. I, Sir, think the Established Church + of Ireland a bad institution. I will go farther. I am not speaking in + anger, or with any wish to excite anger in others; I am not speaking with + rhetorical exaggeration: I am calmly and deliberately expressing, in the + only appropriate terms, an opinion which I formed many years ago, which + all my observations and reflections have confirmed, and which I am + prepared to support by reasons, when I say that, of all the institutions + now existing in the civilised world, the Established Church of Ireland + seems to me the most absurd. + </p> + <p> + I cannot help thinking that the speeches of those who defend this Church + suffice of themselves to prove that my views are just. For who ever heard + anybody defend it on its merits? Has any gentleman to-night defended it on + its merits? We are told of the Roman Catholic oath; as if that oath, + whatever be its meaning, whatever be the extent of the obligation which it + lays on the consciences of those who take it, could possibly prove this + Church to be a good thing. We are told that Roman Catholics of note, both + laymen and divines, fifty years ago, declared that, if they were relieved + from the disabilities under which they then lay, they should willingly see + the Church of Ireland in possession of all its endowments: as if anything + that anybody said fifty years ago could absolve us from the plain duty of + doing what is now best for the country. We are told of the Fifth Article + of Union; as if the Fifth Article of Union were more sacred than the + Fourth. Surely, if there be any article of the Union which ought to be + regarded as inviolable, it is the Fourth, which settles the number of + members whom Great Britain and Ireland respectively are to send to + Parliament. Yet the provisions of the Fourth Article have been altered + with the almost unanimous assent of all parties in the State. The change + was proposed by the noble lord who is now Secretary for the Colonies. It + was supported by the right honourable Baronet the Secretary for the Home + Department, and by other members of the present Administration. And so far + were the opponents of the Reform Bill from objecting to this infraction of + the Treaty of Union that they were disposed to go still farther. I well + remember the night on which we debated the question, whether Members + should be given to Finsbury, Marylebone, Lambeth, and the Tower Hamlets. + On that occasion, the Tories attempted to seduce the Irish Reformers from + us by promising that Ireland should have a share of the plunder of the + metropolitan districts. After this, Sir, I must think it childish in + gentlemen opposite to appeal to the Fifth Article of the Union. With still + greater surprise, did I hear the right honourable gentleman the Secretary + for Ireland say that, if we adopt this amendment, we shall make all landed + and funded property insecure. I am really ashamed to answer such an + argument. Nobody proposes to touch any vested interest; and surely it + cannot be necessary for me to point out to the right honourable gentleman + the distinction between property in which some person has a vested + interest, and property in which no person has a vested interest. That + distinction is part of the very rudiments of political science. Then the + right honourable gentleman quarrels with the form of the amendment. Why, + Sir, perhaps a more convenient form might have been adopted. But is it by + cavils like these that a great institution should be defended? And who + ever heard the Established Church of Ireland defended except by cavils + like these? Who ever heard any of her advocates speak a manly and + statesmanlike language? Who ever heard any of her advocates say, "I defend + this institution because it is a good institution: the ends for which an + Established Church exists are such and such: and I will show you that this + Church attains those ends?" Nobody says this. Nobody has the hardihood to + say it. What divine, what political speculator who has written in defence + of ecclesiastical establishments, ever defended such establishments on + grounds which will support the Church of Ireland? What panegyric has ever + been pronounced on the Churches of England and Scotland, which is not a + satire on the Church of Ireland? What traveller comes among us who is not + moved to wonder and derision by the Church of Ireland? What foreign writer + on British affairs, whether European or American, whether Protestant or + Catholic, whether Conservative or Liberal, whether partial to England or + prejudiced against England, ever mentions the Church of Ireland without + expressing his amazement that such an establishment should exist among + reasonable men? + </p> + <p> + And those who speak thus of this Church speak justly. Is there anything + else like it? Was there ever anything else like it? The world is full of + ecclesiastical establishments: but such a portent as this Church of + Ireland is nowhere to be found. Look round the Continent of Europe. + Ecclesiastical establishments from the White Sea to the Mediterranean: + ecclesiastical establishments from the Wolga to the Atlantic: but nowhere + the Church of a small minority enjoying exclusive establishment. Look at + America. There you have all forms of Christianity, from Mormonism, if you + call Mormonism Christianity, to Romanism. In some places you have the + voluntary system. In some you have several religions connected with the + state. In some you have the solitary ascendency of a single Church. But + nowhere, from the Arctic Circle to Cape Horn, do you find the Church of a + small minority exclusively established. Look round our own empire. We have + an Established Church in England; it is the Church of the majority. There + is an Established Church in Scotland. When it was set up, it was the + Church of the majority. A few months ago, it was the Church of the + majority. I am not quite sure that, even after the late unhappy + disruption, it is the Church of the minority. In our colonies the State + does much for the support of religion; but in no colony, I believe, do we + give exclusive support to the religion of the minority. Nay, even in those + parts of empire where the great body of the population is attached to + absurd and immoral superstitions, you have not been guilty of the folly + and injustice of calling on them to pay for a Church which they do not + want. We have not portioned out Bengal and the Carnatic into parishes, and + scattered Christian rectors, with stipends and glebes, among millions of + Pagans and Mahometans. We keep, indeed, a small Christian establishment, + or rather three small Christian establishments, Anglican, Presbyterian, + and Catholic. But we keep them only for the Christians in our civil and + military services; and we leave untouched the revenues of the mosques and + temples. In one country alone is to be seen the spectacle of a community + of eight millions of human beings, with a Church which is the Church of + only eight hundred thousand. + </p> + <p> + It has been often said, and has been repeated to-night by the honourable + Member for Radnor, that this Church, though it includes only a tenth part + of the population, has more than half the wealth of Ireland. But is that + an argument in favour of the present system? Is it not the strongest + argument that can be urged in favour of an entire change? It is true that + there are many cases in which it is fit that property should prevail over + number. Those cases may, I think, be all arranged in two classes. One + class consists of those cases in which the preservation or improvement of + property is the object in view. Thus, in a railway company, nothing can be + more reasonable than that one proprietor who holds five hundred shares + should have more power than five proprietors who hold one share each. The + other class of cases in which property may justly confer privileges is + where superior intelligence is required. Property is indeed but a very + imperfect test of intelligence. But, when we are legislating on a large + scale, it is perhaps the best which we can apply. For where there is no + property, there can very seldom be any mental cultivation. It is on this + principle that special jurors, who have to try causes of peculiar nicety, + are taken from a wealthier order than that which furnishes common jurors. + But there cannot be a more false analogy than to reason from these cases + to the case of an Established Church. So far is it from being true that, + in establishing a Church, we ought to pay more regard to one rich man than + to five poor men, that the direct reverse is the sound rule. We ought to + pay more regard to one poor man than to five rich men. For, in the first + place, the public ordinances of religion are of far more importance to the + poor man than to the rich man. I do not mean to say that a rich man may + not be the better for hearing sermons and joining in public prayers. But + these things are not indispensable to him; and, if he is so situated that + he cannot have them, he may find substitutes. He has money to buy books, + time to study them, understanding to comprehend them. Every day he may + commune with the minds of Hooker, Leighton, and Barrow. He therefore + stands less in need of the oral instruction of a divine than a peasant who + cannot read, or who, if he can read, has no money to procure books, or + leisure to peruse them. Such a peasant, unless instructed by word of + mouth, can know no more of Christianity than a wild Hottentot. Nor is this + all. The poor man not only needs the help of a minister of religion more + than the rich man, but is also less able to procure it. If there were no + Established Church, people in our rank of life would always be provided + with preachers to their mind at an expense which they would scarcely feel. + But when a poor man, who can hardly give his children their fill of + potatoes, has to sell his pig in order to pay something to his priest, the + burden is a heavy one. This is, in fact, the strongest reason for having + an established church in any country. It is the one reason which prevents + me from joining with the partisans of the voluntary system. I should think + their arguments unanswerable if the question regarded the upper and middle + classes only. If I would keep up the Established Church of England, it is + not for the sake of lords, and baronets, and country gentlemen of five + thousand pounds a-year, and rich bankers in the city. I know that such + people will always have churches, aye, and cathedrals, and organs, and + rich communion plate. The person about whom I am uneasy is the working + man; the man who would find it difficult to pay even five shillings or ten + shillings a-year out of his small earnings for the ministrations of + religion. What is to become of him under the voluntary system? Is he to go + without religious instruction altogether? That we should all think a great + evil to himself, and a great evil to society. Is he to pay for it out of + his slender means? That would be a heavy tax. Is he to be dependent on the + liberality of others? That is a somewhat precarious and a somewhat + humiliating dependence. I prefer, I own, that system under which there is, + in the rudest and most secluded district, a house of God, where public + worship is performed after a fashion acceptable to the great majority of + the community, and where the poorest may partake of the ordinances of + religion, not as an alms, but as a right. But does this argument apply to + a Church like the Church of Ireland? It is not necessary on this occasion + to decide whether the arguments in favour of the ecclesiastical + establishments, or the arguments in favour of the voluntary system, be the + stronger. There are weighty considerations on both sides. Balancing them + as well as I can, I think that, as respects England, the preponderance is + on the side of the Establishment. But, as respects Ireland, there is no + balancing. All the weights are in one scale. All the arguments which + incline us against the Church of England, and all the arguments which + incline us in favour of the Church of England, are alike arguments against + the Church of Ireland; against the Church of the few; against the Church + of the wealthy; against the Church which, reversing every principle on + which a Christian Church should be founded, fills the rich with its good + things, and sends the hungry empty away. + </p> + <p> + One view which has repeatedly, both in this House and out of it, been + taken of the Church of Ireland, seems to deserve notice. It is admitted, + as indeed it could not well be denied, that this Church does not perform + the functions which are everywhere else expected from similar + institutions; that it does not instruct the body of the people; that it + does not administer religious consolation to the body of the people. But, + it is said, we must regard this Church as an aggressive Church, a + proselytising Church, a Church militant among spiritual enemies. Its + office is to spread Protestantism over Munster and Connaught. I remember + well that, eleven years ago, when Lord Grey's Government proposed to + reduce the number of Irish bishoprics, this language was held. It was + acknowledged that there were more bishops than the number of persons then + in communion with the Established Church required. But that number, we + were assured, would not be stationary; and the hierarchy, therefore, ought + to be constituted with a view to the millions of converts who would soon + require the care of Protestant pastors. I well remember the strong + expression which was then used by my honourable friend, the Member for the + University of Oxford. We must, he said, make allowance for the expansive + force of Protestantism. A few nights ago a noble lord for whom I, in + common with the whole House, feel the greatest respect, the Member for + Dorsetshire (Lord Ashley.), spoke of the missionary character of the + Church of Ireland. Now, Sir, if such language had been held at the Council + Board of Queen Elizabeth when the constitution of this Church was first + debated there, there would have been no cause for wonder. Sir William + Cecil or Sir Nicholas Bacon might very naturally have said, "There are few + Protestants now in Ireland, it is true. But when we consider how rapidly + the Protestant theology has spread, when we remember that it is little + more than forty years since Martin Luther began to preach against + indulgences, and when we see that one half of Europe is now emancipated + from the old superstition, we may reasonably expect that the Irish will + soon follow the example of the other nations which have embraced the + doctrines of the Reformation." Cecil, I say, and his colleagues might + naturally entertain this expectation, and might without absurdity make + preparations for an event which they regarded as in the highest degree + probable. But we, who have seen this system in full operation from the + year 1560 to the year 1845, ought to have been taught better, unless + indeed we are past all teaching. Two hundred and eighty-five years has + this Church been at work. What could have been done for it in the way of + authority, privileges, endowments, which has not been done? Did any other + set of bishops and priests in the world ever receive so much for doing so + little? Nay, did any other set of bishops and priests in the world ever + receive half as much for doing twice as much? And what have we to show for + all this lavish expenditure? What but the most zealous Roman Catholic + population on the face of the earth? Where you were one hundred years ago, + where you were two hundred years ago, there you are still, not victorious + over the domain of the old faith, but painfully and with dubious success + defending your own frontier, your own English pale. Sometimes a deserter + leaves you. Sometimes a deserter steals over to you. Whether your gains or + losses of this sort be the greater I do not know; nor is it worth while to + inquire. On the great solid mass of the Roman Catholic population you have + made no impression whatever. There they are, as they were ages ago, ten to + one against the members of your Established Church. Explain this to me. I + speak to you, the zealous Protestants on the other side of the House. + Explain this to me on Protestant principles. If I were a Roman Catholic, I + could easily account for the phenomena. If I were a Roman Catholic, I + should content myself with saying that the mighty hand and the + outstretched arm had been put forth, according to the promise, in defence + of the unchangeable Church; that He who in the old time turned into + blessings the curses of Balaam, and smote the host of Sennacherib, had + signally confounded the arts of heretic statesmen. But what is a + Protestant to say? He holds that, through the whole of this long conflict, + during which ten generations of men have been born and have died, reason + and Scripture have been on the side of the Established Clergy. Tell us + then what we are to say of this strange war, in which, reason and + Scripture backed by wealth, by dignity, by the help of the civil power, + have been found no match for oppressed and destitute error? The fuller our + conviction that our doctrines are right, the fuller, if we are rational + men, must be our conviction that our tactics have been wrong, and that we + have been encumbering the cause which we meant to aid. + </p> + <p> + Observe, it is not only the comparative number of Roman Catholics and + Protestants that may justly furnish us with matter for serious reflection. + The quality as well as the quantity of Irish Romanism deserves to be + considered. Is there any other country inhabited by a mixed population of + Catholics and Protestants, any other country in which Protestant doctrines + have long been freely promulgated from the press and from the pulpit, + where the Roman Catholics spirit is so strong as in Ireland? I believe + not. The Belgians are generally considered as very stubborn and zealous + Roman Catholics. But I do not believe that either in stubbornness or in + zeal they equal the Irish. And this is the fruit of three centuries of + Protestant archbishops, bishops, archdeacons, deans, and rectors. And yet + where is the wonder? Is this a miracle that we should stand aghast at it? + Not at all. It is a result which human prudence ought to have long ago + foreseen and long ago averted. It is the natural succession of effect to + cause. If you do not understand it, it is because you do not understand + what the nature and operation of a church is. There are parts of the + machinery of Government which may be just as efficient when they are hated + as when they are loved. An army, a navy, a preventive service, a police + force, may do their work whether the public feeling be with them or + against them. Whether we dislike the corn laws or not, your custom houses + and your coast guard keep out foreign corn. The multitude at Manchester + was not the less effectually dispersed by the yeomanry, because the + interference of the yeomanry excited the bitterest indignation. There the + object was to produce a material effect; the material means were + sufficient; and nothing more was required. But a Church exists for moral + ends. A Church exists to be loved, to be reverenced, to be heard with + docility, to reign in the understandings and hearts of men. A Church which + is abhorred is useless or worse than useless; and to quarter a hostile + Church on a conquered people, as you would quarter a soldiery, is + therefore the most absurd of mistakes. This mistake our ancestors + committed. They posted a Church in Ireland just as they posted garrisons + in Ireland. The garrisons did their work. They were disliked. But that + mattered not. They had their forts and their arms; and they kept down the + aboriginal race. But the Church did not do its work. For to that work the + love and confidence of the people were essential. + </p> + <p> + I may remark in passing that, even under more favourable circumstances a + parochial priesthood is not a good engine for the purpose of making + proselytes. The Church of Rome, whatever we may think of her ends, has + shown no want of sagacity in the choice of means; and she knows this well. + When she makes a great aggressive movement,—and many such movements + she has made with signal success,—she employs, not her parochial + clergy, but a very different machinery. The business of her parish priests + is to defend and govern what has been won. It is by the religious orders, + and especially by the Jesuits, that the great acquisitions have been made. + In Ireland your parochial clergy lay under two great disadvantages. They + were endowed, and they were hated; so richly endowed that few among them + cared to turn missionaries; so bitterly hated that those few had but + little success. They long contented themselves with receiving the + emoluments arising from their benefices, and neglected those means to + which, in other parts of Europe, Protestantism had owed its victory. It is + well known that of all the instruments employed by the Reformers of + Germany, of England, and of Scotland, for the purpose of moving the public + mind, the most powerful was the Bible translated into the vernacular + tongues. In Ireland the Protestant Church had been established near half a + century before the New Testament was printed in Erse. The whole Bible was + not printed in Erse till this Church had existed more than one hundred and + twenty years. Nor did the publication at last take place under the + patronage of the lazy and wealthy hierarchy. The expense was defrayed by a + layman, the illustrious Robert Boyle. So things went on century after + century. Swift, more than a hundred years ago, described the prelates of + his country as men gorged with wealth and sunk in indolence, whose chief + business was to bow and job at the Castle. The only spiritual function, he + says, which they performed was ordination; and, when he saw what persons + they ordained, he doubted whether it would not be better that they should + neglect that function as they neglected every other. Those, Sir, are now + living who can well remember how the revenues of the richest see in + Ireland were squandered on the shores of the Mediterranean by a bishop, + whose epistles, very different compositions from the epistles of Saint + Peter and Saint John, may be found in the correspondence of Lady Hamilton. + Such abuses as these called forth no complaint, no reprimand. And all this + time the true pastors of the people, meanly fed and meanly clothed, + frowned upon by the law, exposed to the insults of every petty squire who + gloried in the name of Protestant, were to be found in miserable cabins, + amidst filth, and famine, and contagion, instructing the young, consoling + the miserable, holding up the crucifix before the eyes of the dying. Is it + strange that, in such circumstances, the Roman Catholic religion should + have been constantly becoming dearer and dearer to an ardent and sensitive + people, and that your Established Church should have been constantly + sinking lower and lower in their estimation? I do not of course hold the + living clergy of the Irish Church answerable for the faults of their + predecessors. God forbid! To do so would be the most flagitious injustice. + I know that a salutary change has taken place. I have no reason to doubt + that in learning and regularity of life the Protestant clergy of Ireland + are on a level with the clergy of England. But in the way of making + proselytes they do as little as those who preceded them. An enmity of + three hundred years separates the nation from those who should be its + teachers. In short, it is plain that the mind of Ireland has taken its + ply, and is not to be bent in a different direction, or, at all events, is + not to be so bent by your present machinery. + </p> + <p> + Well, then, this Church is inefficient as a missionary Church. But there + is yet another end which, in the opinion of some eminent men, a Church is + meant to serve. That end has been often in the minds of practical + politicians. But the first speculative politician who distinctly pointed + it out was Mr Hume. Mr Hume, as might have been expected from his known + opinions, treated the question merely as it related to the temporal + happiness of mankind; and, perhaps, it may be doubted whether he took + quite a just view of the manner in which even the temporal happiness of + mankind is affected by the restraints and consolations of religion. He + reasoned thus:—It is dangerous to the peace of society that the + public mind should be violently excited on religious subjects. If you + adopt the voluntary system, the public mind will always be so excited. For + every preacher, knowing that his bread depends on his popularity, seasons + his doctrine high, and practises every art for the purpose of obtaining an + ascendency over his hearers. But when the Government pays the minister of + religion, he has no pressing motive to inflame the zeal of his + congregation. He will probably go through his duties in a somewhat + perfunctory manner. His power will not be very formidable; and, such as it + is, it will be employed in support of that order of things under which he + finds himself so comfortable. Now, Sir, it is not necessary to inquire + whether Mr Hume's doctrine be sound or unsound. For, sound or unsound, it + furnishes no ground on which you can rest the defence of the institution + which we are now considering. It is evident that by establishing in + Ireland the Church of the minority in connection with the State, you have + produced, in the very highest degree, all those evils which Mr Hume + considered as inseparable from the voluntary system. You may go all over + the world without finding another country where religious differences take + a form so dangerous to the peace of society; where the common people are + so much under the influence of their priests; or where the priests who + teach the common people are so completely estranged from the civil + Government. + </p> + <p> + And now, Sir, I will sum up what I have said. For what end does the Church + of Ireland exist? Is that end the instruction and solace of the great body + of the people? You must admit that the Church of Ireland has not attained + that end. Is the end which you have in view the conversion of the great + body of the people from the Roman Catholic religion to a purer form of + Christianity? You must admit that the Church of Ireland has not attained + that end. Or do you propose to yourselves the end contemplated by Mr Hume, + the peace and security of civil society? You must admit that the Church of + Ireland has not attained that end. In the name of common sense, then, tell + us what good end this Church has attained; or suffer us to conclude, as I + am forced to conclude, that it is emphatically a bad institution. + </p> + <p> + It does not, I know, necessarily follow that, because an institution is + bad, it is therefore to be immediately destroyed. Sometimes a bad + institution takes a strong hold on the hearts of mankind, intertwines its + roots with the very foundations of society, and is not to be removed + without serious peril to order, law, and property. For example, I hold + polygamy to be one of the most pernicious practises that exist in the + world. But if the Legislative Council of India were to pass an Act + prohibiting polygamy, I should think that they were out of their senses. + Such a measure would bring down the vast fabric of our Indian Empire with + one crash. But is there any similar reason for dealing tenderly with the + Established Church of Ireland? That Church, Sir, is not one of those bad + institutions which ought to be spared because they are popular, and + because their fall would injure good institutions. It is, on the contrary, + so odious, and its vicinage so much endangers valuable parts of our + polity, that, even if it were in itself a good institution, there would be + strong reasons for giving it up. + </p> + <p> + The honourable gentleman who spoke last told us that we cannot touch this + Church without endangering the Legislative Union. Sir, I have given my + best attention to this important point; and I have arrived at a very + different conclusion. The question to be determined is this:—What is + the best way of preserving political union between countries in which + different religions prevail? With respect to this question we have, I + think, all the light which history can give us. There is no sort of + experiment described by Lord Bacon which we have not tried. Inductive + philosophy is of no value if we cannot trust to the lessons derived from + the experience of more than two hundred years. England has long been + closely connected with two countries less powerful than herself, and + differing from herself in religion. The Scottish people are Presbyterians; + the Irish people are Roman Catholics. We determined to force the Anglican + system on both countries. In both countries great discontent was the + result. At length Scotland rebelled. Then Ireland rebelled. The Scotch and + Irish rebellions, taking place at a time when the public mind of England + was greatly and justly excited, produced the Great Rebellion here, and the + downfall of the Monarchy, of the Church, and of the Aristocracy. After the + Restoration we again tried the old system. During twenty-eight years we + persisted in the attempt to force Prelacy on the Scotch; and the + consequence was, during those twenty-eight years Scotland exhibited a + frightful spectacle of misery and depravity. The history of that period is + made up of oppression and resistance, of insurrections, barbarous + punishments, and assassinations. One day a crowd of zealous rustics stand + desperately on their defence, and repel the dragoons. Next day the + dragoons scatter and hew down the flying peasantry. One day the kneebones + of a wretched Covenanter are beaten flat in that accursed boot. Next day + the Lord Primate is dragged out of his carriage by a band of raving + fanatics, and, while screaming for mercy, is butchered at the feet of his + own daughter. So things went on, till at last we remembered that + institutions are made for men, and not men for institutions. A wise + Government desisted from the vain attempt to maintain an Episcopal + Establishment in a Presbyterian nation. From that moment the connection + between England and Scotland became every year closer and closer. There + were still, it is true, many causes of animosity. There was an old + antipathy between the nations, the effect of many blows given and received + on both sides. All the greatest calamities that had befallen Scotland had + been inflicted by England. The proudest events in Scottish history were + victories obtained over England. Yet all angry feelings died rapidly away. + The union of the nations became complete. The oldest man living does not + remember to have heard any demagogue breathe a wish for separation. Do you + believe that this would have happened if England had, after the + Revolution, persisted in attempting to force the surplice and the Prayer + Book on the Scotch? I tell you that, if you had adhered to the mad scheme + of having a religious union with Scotland, you never would have had a + cordial political union with her. At this very day you would have had + monster meetings on the north of the Tweed, and another Conciliation Hall, + and another repeal button, with the motto, "Nemo me impune lacessit." In + fact, England never would have become the great power that she is. For + Scotland would have been, not an addition to the effective strength of the + Empire, but a deduction from it. As often as there was a war with France + or Spain, there would have been an insurrection in Scotland. Our country + would have sunk into a kingdom of the second class. One such Church as + that about which we are now debating is a serious encumbrance to the + greatest empire. Two such Churches no empire could bear. You continued to + govern Ireland during many generations as you had governed Scotland in the + days of Lauderdale and Dundee. And see the result. Ireland has remained, + indeed, a part of your Empire. But you know her to be a source of weakness + rather than of strength. Her misery is a reproach to you. Her discontent + doubles the dangers of war. Can you, with such facts before you, doubt + about the course which you ought to take? Imagine a physician with two + patients, both afflicted with the same disease. He applies the same sharp + remedies to both. Both become worse and worse with the same inflammatory + symptoms. Then he changes his treatment of one case, and gives soothing + medicines. The sufferer revives, grows better day by day, and is at length + restored to perfect health. The other patient is still subjected to the + old treatment, and becomes constantly more and more disordered. How would + a physician act in such a case? And are not the principles of experimental + philosophy the same in politics as in medicine? + </p> + <p> + Therefore, Sir, I am fully prepared to take strong measures with regard to + the Established Church of Ireland. It is not necessary for me to say + precisely how far I would go. I am aware that it may be necessary, in this + as in other cases, to consent to a compromise. But the more complete the + reform which may be proposed, provided always that vested rights be, as I + am sure they will be, held strictly sacred, the more cordially shall I + support it. + </p> + <p> + That some reform is at hand I cannot doubt. In a very short time we shall + see the evils which I have described mitigated, if not entirely removed. A + Liberal Administration would make this concession to Ireland from a sense + of justice. A Conservative Administration will make it from a sense of + danger. The right honourable Baronet has given the Irish a lesson which + will bear fruit. It is a lesson which rulers ought to be slow to teach; + for it is one which nations are but too apt to learn. We have repeatedly + been told by acts—we are now told almost in express words—that + agitation and intimidation are the means which ought to be employed by + those who wish for redress of grievances from the party now in power. Such + indeed has too long been the policy of England towards Ireland; but it was + surely never before avowed with such indiscreet frankness. Every epoch + which is remembered with pleasure on the other side of St George's Channel + coincides with some epoch which we here consider as disastrous and + perilous. To the American war and the volunteers the Irish Parliament owed + its independence. To the French revolutionary war the Irish Roman + Catholics owed the elective franchise. It was in vain that all the great + orators and statesmen of two generations exerted themselves to remove the + Roman Catholic disabilities, Burke, Fox, Pitt, Windham, Grenville, Grey, + Plunkett, Wellesley, Grattan, Canning, Wilberforce. Argument and + expostulation were fruitless. At length pressure of a stronger kind was + boldly and skilfully applied; and soon all difficulties gave way. The + Catholic Association, the Clare election, the dread of civil war, produced + the Emancipation Act. Again, the cry of No Popery was raised. That cry was + successful. A faction which had reviled in the bitterest terms the mild + administration of Whig Viceroys, and which was pledged to the wholesale + disfranchisement of the Roman Catholics, rose to power. One leading member + of that faction had drawn forth loud cheers by declaiming against the + minions of Popery. Another had designated six millions of Irish Catholics + as aliens. A third had publicly declared his conviction, that a time was + at hand when all Protestants of every persuasion would find it necessary + to combine firmly against the encroachments of Romanism. From such men we + expected nothing but oppression and intolerance. We are agreeably + disappointed to find that a series of conciliatory bills is brought before + us. But, in the midst of our delight, we cannot refrain from asking for + some explanation of so extraordinary a change. We are told in reply, that + the monster meetings of 1843 were very formidable, and that our relations + with America are in a very unsatisfactory state. The public opinion of + Ireland is to be consulted, the religion of Ireland is to be treated with + respect, not because equity and humanity plainly enjoin that course; for + equity and humanity enjoined that course as plainly when you were + calumniating Lord Normanby, and hurrying forward your Registration Bill; + but because Mr O'Connell and Mr Polk have between them made you very + uneasy. Sir, it is with shame, with sorrow, and, I will add, with dismay, + that I listen to such language. I have hitherto disapproved of the monster + meetings of 1843. I have disapproved of the way in which Mr O'Connell and + some other Irish representatives have seceded from this House. I should + not have chosen to apply to those gentlemen the precise words which were + used on a former occasion by the honourable and learned Member for Bath. + But I agreed with him in substance. I thought it highly to the honour of + my right honourable friend the Member for Dungarvon, and of my honourable + friends the Members for Kildare, for Roscommon, and for the city of + Waterford, that they had the moral courage to attend the service of this + House, and to give us the very valuable assistance which they are, in + various ways, so well qualified to afford. But what am I to say now? How + can I any longer deny that the place where an Irish gentleman may best + serve his country is Conciliation Hall? How can I expect that any Irish + Roman Catholic can be very sorry to learn that our foreign relations are + in an alarming state, or can rejoice to hear that all danger of war has + blown over? I appeal to the Conservative Members of this House. I ask them + whither we are hastening? I ask them what is to be the end of a policy of + which it is the principle to give nothing to justice, and everything to + fear? We have been accused of truckling to Irish agitators. But I defy you + to show us that we ever made or are now making to Ireland a single + concession which was not in strict conformity with our known principles. + You may therefore trust us, when we tell you that there is a point where + we will stop. Our language to the Irish is this:—"You ask for + emancipation: it was agreeable to our principles that you should have it; + and we assisted you to obtain it. You wished for a municipal system, as + popular as that which exists in England: we thought your wish reasonable, + and did all in our power to gratify it. This grant to Maynooth is, in our + opinion, proper; and we will do our best to obtain it for you, though it + should cost us our popularity and our seats in Parliament. The Established + Church in your island, as now constituted, is a grievance of which you + justly complain. We will strive to redress that grievance. The Repeal of + the Union we regard as fatal to the empire: and we never will consent to + it; never, though the country should be surrounded by dangers as great as + those which threatened her when her American colonies, and France, and + Spain, and Holland, were leagued against her, and when the armed + neutrality of the Baltic disputed her maritime rights; never, though + another Bonaparte should pitch his camp in sight of Dover Castle; never, + till all has been staked and lost; never, till the four quarters of the + world have been convulsed by the last struggle of the great English people + for their place among the nations." This, Sir, is the true policy. When + you give, give frankly. When you withhold, withhold resolutely. Then what + you give is received with gratitude; and, as for what you withhold, men, + seeing that to wrest it from you is no safe or easy enterprise, cease to + hope for it, and, in time, cease to wish for it. But there is a way of so + withholding as merely to excite desire, and of so giving as merely to + excite contempt; and that way the present ministry has discovered. Is it + possible for me to doubt that in a few months the same machinery which + sixteen years ago extorted from the men now in power the Emancipation Act, + and which has now extorted from them the bill before us, will again be put + in motion? Who shall say what will be the next sacrifice? For my own part + I firmly believe that, if the present Ministers remain in power five years + longer, and if we should have,—which God avert!—a war with + France or America, the Established Church of Ireland will be given up. The + right honourable Baronet will come down to make a proposition conceived in + the very spirit of the Motions which have repeatedly been made by my + honourable friend the Member for Sheffield. He will again be deserted by + his followers; he will again be dragged through his difficulties by his + opponents. Some honest Lord of the Treasury may determine to quit his + office rather than belie all the professions of a life. But there will be + little difficulty in finding a successor ready to change all his opinions + at twelve hours' notice. I may perhaps, while cordially supporting the + bill, again venture to say something about consistency, and about the + importance of maintaining a high standard of political morality. The right + honourable Baronet will again tell me, that he is anxious only for the + success of his measure, and that he does not choose to reply to taunts. + And the right honourable gentleman the Chancellor of the Exchequer will + produce Hansard, will read to the House my speech of this night, and will + most logically argue that I ought not to reproach the Ministers with their + inconsistency, seeing that I had, from my knowledge of their temper and + principles, predicted to a tittle the nature and extent of that + inconsistency. + </p> + <p> + Sir, I have thought it my duty to brand with strong terms of reprehension + the practice of conceding, in time of public danger, what is obstinately + withheld in time of public tranquillity. I am prepared, and have long been + prepared, to grant much, very much, to Ireland. But if the Repeal + Association were to dissolve itself to-morrow, and if the next steamer + were to bring news that all our differences with the United States were + adjusted in the most honourable and friendly manner, I would grant to + Ireland neither more nor less than I would grant if we were on the eve of + a rebellion like that of 1798; if war were raging all along the Canadian + frontier; and if thirty French sail of the line were confronting our fleet + in St George's Channel. I give my vote from my heart and soul for the + amendment of my honourable friend. He calls on us to make to Ireland a + concession, which ought in justice to have been made long ago, and which + may be made with grace and dignity even now. I well know that you will + refuse to make it now. I know as well that you will make it hereafter. You + will make it as every concession to Ireland has been made. You will make + it when its effect will be, not to appease, but to stimulate agitation. + You will make it when it will be regarded, not as a great act of national + justice, but as a confession of national weakness. You will make it in + such a way, and at such a time, that there will be but too much reason to + doubt whether more mischief has been done by your long refusal, or by your + tardy and enforced compliance. + </p> + <hr /> + <p> + <a name="link2H_4_0027" id="link2H_4_0027"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THEOLOGICAL TESTS IN THE SCOTCH UNIVERSITIES. (JULY 9, 1845) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 9TH OF JULY 1845. + </h2> + <p> + On the first of May, 1845, Mr Rutherford, Member for Leith, obtained leave + to bring in a bill to regulate admission to the Secular Chairs in the + Universities of Scotland. On the morning of the sixth of May the bill was + read a first time, and remained two months on the table of the House. At + length the second reading was fixed for the ninth of July. Mr Rutherfurd + was unable to attend on that day: and it was necessary that one of his + friends should supply his place. Accordingly, as soon as the Order of the + Day had been read, the following Speech was made. + </p> + <p> + On a division the bill was rejected by 116 votes to 108. But, in the state + in which parties then were, this defeat was generally considered as a + victory. + </p> + <p> + Mr Speaker,—I have been requested by my honourable and learned + friend, the Member for Leith, to act as his substitute on this occasion. I + am truly sorry that any substitute should be necessary. I am truly sorry + that he is not among us to take charge of the bill which he not long ago + introduced with one of the most forcible and luminous speeches that I ever + had the pleasure of hearing. His audience was small; but the few who + formed that audience cannot have forgotten the effect which his arguments + and his eloquence produced. The Ministers had come down to resist his + motion: but their courage failed them: they hesitated: they conferred + together: at last they consented that he should have leave to bring in his + bill. Such, indeed, was the language which they held on that and on a + subsequent occasion, that both my honourable and learned friend and myself + gave them more credit than they deserved. We really believed that they had + resolved to offer no opposition to a law which it was quite evident that + they perceived to be just and beneficial. But we have been disappointed. + It has been notified to us that the whole influence of the Government is + to be exerted against our bill. In such discouraging circumstances it is + that I rise to move the second reading. + </p> + <p> + Yet, Sir, I do not altogether despair of success. When I consider what + strong, what irresistible reasons we have to urge, I can hardly think it + possible that the mandate of the most powerful administration can prevail + against them. Nay, I should consider victory, not merely as probable, but + as certain, if I did not know how imperfect is the information which + English gentlemen generally possess concerning Scotch questions. It is + because I know this that I think it my duty to depart from the ordinary + practice, and, instead of simply moving the second reading, to explain at + some length the principles on which this bill has been framed. I earnestly + entreat those English Members who were not so fortunate as to hear the + speech of my honourable and learned friend, the Member for Leith to favour + me with their attention. They will, I think, admit, that I have a right to + be heard with indulgence. I have been sent to this house by a great city + which was once a capital, the abode of a Sovereign, the place where the + Estates of a realm held their sittings. For the general good of the + empire, Edinburgh descended from that high eminence. But, ceasing to be a + political metropolis, she became an intellectual metropolis. For the loss + of a Court, of a Privy Council, of a Parliament, she found compensation in + the prosperity and splendour of an University renowned to the farthest + ends of the earth as a school of physical and moral science. This noble + and beneficent institution is now threatened with ruin by the folly of the + Government, and by the violence of an ecclesiastical faction which is bent + on persecution without having the miserable excuse of fanaticism. Nor is + it only the University of Edinburgh that is in danger. In pleading for + that University, I plead for all the great academical institutions of + Scotland. The fate of all depends on the event of this debate; and, in the + name of all, I demand the attention of every man who loves either learning + or religious liberty. + </p> + <p> + The first question which we have to consider is, whether the principles of + the bill be sound. I believe that they are sound; and I am quite confident + that nobody who sits on the Treasury Bench will venture to pronounce them + unsound. It does not lie in the mouths of the Ministers to say that + literary instruction and scientific instruction are inseparably connected + with religious instruction. It is not for them to rail against Godless + Colleges. It is not for them to talk with horror of the danger of + suffering young men to listen to the lectures of an Arian professor of + Botany or of a Popish professor of Chemistry. They are themselves at this + moment setting up in Ireland a system exactly resembling the system which + we wish to set up in Scotland. Only a few hours have elapsed since they + were themselves labouring to prove that, in a country in which a large + proportion of those who require a liberal education are dissenters from + the Established Church, it is desirable that there should be schools + without theological tests. The right honourable Baronet at the head of the + Government proposes that in the new colleges which he is establishing at + Belfast, Cork, Limerick, and Galway, the professorships shall be open to + men of every creed: and he has strenuously defended that part of his plan + against attacks from opposite quarters, against the attacks of zealous + members of the Church of England, and of zealous members of the Church of + Rome. Only the day before yesterday the honourable Baronet the Member for + North Devon (Sir Thomas Acland.) ventured to suggest a test as + unobjectionable as a test could well be. He would merely have required the + professors to declare their general belief in the divine authority of the + Old and New Testaments. But even this amendment the First Lord of the + Treasury resisted, and I think quite rightly. He told us that it was quite + unnecessary to institute an inquisition into the religious opinions of + people whose business was merely to teach secular knowledge, and that it + was absurd to imagine that any man of learning would disgrace and ruin + himself by preaching infidelity from the Greek chair or the Mathematical + chair. + </p> + <p> + Some members of this House certainly held very different language: but + their arguments made as little impression on Her Majesty's Ministers as on + me. We were told with the utmost earnestness that secular knowledge, + unaccompanied by a sound religious faith, and unsanctified by religious + feeling, was not only useless, but positively noxious, a curse to the + possessor, a curse to society. I feel the greatest personal kindness and + respect for some gentlemen who hold this language. But they must pardon me + if I say that the proposition which they have so confidently laid down, + however well it may sound in pious ears while it is expressed in general + terms, to be too monstrous, too ludicrous, for grave refutation. Is it + seriously meant that, if the Captain of an Indiaman is a Socinian, it + would be better for himself, his crew, and his passengers, that he should + not know how to use his quadrant and his chronometers? Is it seriously + meant that, if a druggist is a Swedenborgian, it would be better for + himself and his customers that he should not know the difference between + Epsom salts and oxalic acid? A hundred millions of the Queen's Asiatic + subjects are Mahometans and Pagans. Is it seriously meant that it is + desirable that they should be as ignorant as the aboriginal inhabitants of + New South Wales, that they should have no alphabet, that they should have + no arithmetic, that they should not know how to build a bridge, how to + sink a well, how to irrigate a field? If it be true that secular + knowledge, unsanctified by true religion, is a positive evil, all these + consequences follow. Yet surely they are consequences from which every + sane mind must recoil. It is a great evil, no doubt, that a man should be + a heretic or an atheist. But I am quite at a loss to understand how this + evil is mitigated by his not knowing that the earth moves round the sun, + that by the help of a lever, a small power will lift a great weight, that + Virginia is a republic, or that Paris is the capital of France. + </p> + <p> + On these grounds, Sir, I have cordially supported the Irish Colleges Bill. + But the principle of the Irish Colleges and the principle of the bill + which I hold in my hand are exactly the same: and the House and the + country have a right to know why the authors of the former bill are the + opponents of the latter bill. One distinction there is, I admit, between + Ireland and Scotland. It is true that in Scotland there is no clamour + against the Union with England. It is true that in Scotland no demagogue + can obtain applause and riches by slandering and reviling the English + people. It is true that in Scotland there is no traitor who would dare to + say that he regards the enemies of the state as his allies. In every + extremity the Scottish nation will be found faithful to the common cause + of the empire. But Her Majesty's Ministers will hardly I think, venture to + say that this is their reason for refusing to Scotland the boon which they + propose to confer on Ireland. And yet, if this be not their reason, what + reason can we find? Observe how strictly analogous the cases are. You give + it as a reason for establishing in Ireland colleges without tests that the + Established Church of Ireland is the Church of the minority. Unhappily it + may well be doubted whether the Established Church of Scotland, too, be + not now, thanks to your policy, the Church of the minority. It is true + that the members of the Established Church of Scotland are about a half of + the whole population of Scotland; and that the members of the Established + Church of Ireland are not much more than a tenth of the whole population + of Ireland. But the question now before us does not concern the whole + population. It concerns only the class which requires academical + education: and I do not hesitate to say that, in the class which requires + academical education, in the class for the sake of which universities + exist, the proportion of persons who do not belong to the Established + Church is as great in Scotland as in Ireland. You tell us that sectarian + education in Ireland is an evil. Is it less an evil in Scotland? You tell + us that it is desirable that the Protestant and the Roman Catholic should + study together at Cork. Is it less desirable that the son of an elder of + the Established Church and the son of an elder of the Free Church should + study together at Edinburgh? You tell us that it is not reasonable to + require from a Professor of Astronomy or Surgery in Connaught a + declaration that he believes in the Gospels. On what ground, then, can you + think it reasonable to require from every Professor in Scotland a + declaration that he approves of the Presbyterian form of church + government? I defy you, with all your ingenuity, to find one argument, one + rhetorical topic, against our bill which may not be used with equal effect + against your own Irish Colleges Bill. + </p> + <p> + Is there any peculiarity in the academical system of Scotland which makes + these tests necessary? Certainly not. The academical system of Scotland + has its peculiarities; but they are peculiarities which are not in harmony + with these tests, peculiarities which jar with these tests. It is an error + to imagine that, by passing this bill, we shall establish a precedent + which will lead to a change in the constitution of the Universities of + Cambridge and Oxford. Whether such a change be or be not desirable is a + question which must be decided on grounds quite distinct from those on + which we rest our case. I entreat English gentlemen not to be misled by + the word University. That word means two different things on the two + different sides of the Tweed. The academical authorities at Cambridge and + Oxford stand in a parental relation to the student. They undertake, not + merely to instruct him in philology, geometry, natural philosophy, but to + form his religious opinions, and to watch over his morals. He is to be + bred a Churchman. At Cambridge, he cannot graduate, at Oxford, I believe, + he cannot matriculate, without declaring himself a Churchman. The College + is a large family. An undergraduate is lodged either within the gates, or + in some private house licensed and regulated by the academical + authorities. He is required to attend public worship according to the + forms of the Church of England several times every week. It is the duty of + one officer to note the absence of young men from divine service, of + another to note their absence from the public table, of another to report + those who return home at unseasonably late hours. An academical police + parade the streets at night to seize upon any unlucky reveller who may be + found drunk or in bad company. There are punishments of various degrees + for irregularities of conduct. Sometimes the offender has to learn a + chapter of the Greek Testament; sometimes he is confined to his college; + sometimes he is publicly reprimanded: for grave offences he is rusticated + or expelled. Now, Sir, whether this system be good or bad, efficient or + inefficient, I will not now inquire. This is evident; that religious tests + are perfectly in harmony with such a system. Christ Church and King's + College undertake to instruct every young man who goes to them in the + doctrines of the Church of England, and to see that he regularly attends + the worship of the Church of England. Whether this ought to be so, I + repeat, I will not now inquire: but, while it is so, nothing can be more + reasonable than to require from the rulers of Christ Church and King's + College some declaration that they are themselves members of the Church of + England. + </p> + <p> + The character of the Scotch universities is altogether different. There + you have no functionaries resembling the Vice-Chancellors and Proctors, + the Heads of Houses, Tutors and Deans, whom I used to cap at Cambridge. + There is no chapel; there is no academical authority entitled to ask a + young man whether he goes to the parish church or the Quaker meeting, to + synagogue or to mass. With his moral conduct the university has nothing to + do. The Principal and the whole Academical Senate cannot put any + restraint, or inflict any punishment, on a lad whom they may see lying + dead drunk in the High Street of Edinburgh. In truth, a student at a + Scotch university is in a situation closely resembling that of a medical + student in London. There are great numbers of youths in London who attend + St George's Hospital, or St Bartholomew's Hospital. One of these youths + may also go to Albermarle Street to hear Mr Faraday lecture on chemistry, + or to Willis's rooms to hear Mr Carlyle lecture on German literature. On + the Sunday he goes perhaps to church, perhaps to the Roman Catholic + chapel, perhaps to the Tabernacle, perhaps nowhere. None of the gentlemen + whose lectures he has attended during the week has the smallest right to + tell him where he shall worship, or to punish him for gambling in hells, + or tippling in cider cellars. Surely we must all feel that it would be the + height of absurdity to require Mr Faraday and Mr Carlyle to subscribe a + confession of faith before they lecture; and in what does their situation + differ from the situation of the Scotch professor. + </p> + <p> + In the peculiar character of the Scotch universities, therefore, I find a + strong reason for the passing of this bill. I find a reason stronger still + when I look at the terms of the engagements which exist between the + English and Scotch nations. + </p> + <p> + Some gentlemen, I see, think that I am venturing on dangerous ground. We + have been told, in confident tones, that, if we pass this bill, we shall + commit a gross breach of public faith, we shall violate the Treaty of + Union, and the Act of Security. With equal confidence, and with confidence + much better grounded, I affirm that the Treaty of Union and the Act of + Security not only do not oblige us to reject this bill, but do oblige us + to pass this bill, or some bill nearly resembling this. + </p> + <p> + This proposition seems to be regarded by the Ministers as paradoxical: but + I undertake to prove it by the plainest and fairest argument. I shall + resort to no chicanery. If I did think that the safety of the commonwealth + required that we should violate the Treaty of Union, I would violate it + openly, and defend my conduct on the ground of necessity. It may, in an + extreme case, be our duty to break our compacts. It never can be our duty + to quibble them away. What I say is that the Treaty of Union, construed, + not with the subtlety of a pettifogger, but according to the spirit, binds + us to pass this bill or some similar bill. + </p> + <p> + By the Treaty of Union it was covenanted that no person should be a + teacher or office-bearer in the Scotch Universities who should not declare + that he conformed to the worship and polity of the Established Church of + Scotland. What Church was meant by the two contracting parties? What + Church was meant, more especially, by the party to the side of which we + ought always to lean, I mean the weaker party? Surely the Church + established in 1707, when the Union took place. Is then, the Church of + Scotland at the present moment constituted, on all points which the + members of that Church think essential, exactly as it was constituted in + 1707? Most assuredly not. + </p> + <p> + Every person who knows anything of the ecclesiastical history of Scotland + knows that, ever since the Reformation, the great body of the + Presbyterians of that country have held that congregations ought to have a + share in the appointment of their ministers. This principle is laid down + most distinctly in the First Book of Discipline, drawn up by John Knox. It + is laid down, though not quite so strongly, in the Second Book of + Discipline, drawn up by Andrew Melville. And I beg gentlemen, English + gentlemen, to observe that in Scotland this is not regarded as a matter of + mere expediency. All staunch Presbyterians think that the flock is + entitled, jure divino, to a voice in the appointment of the pastor, and + that to force a pastor on a parish to which he is unacceptable is a sin as + much forbidden by the Word of God as idolatry or perjury. I am quite sure + that I do not exaggerate when I say that the highest of our high churchmen + at Oxford cannot attach more importance to episcopal government and + episcopal ordination than many thousands of Scotchmen, shrewd men, + respectable men, men who fear God and honour the Queen, attach to this + right of the people. + </p> + <p> + When, at the time of the Revolution, the Presbyterian worship and + discipline were established in Scotland, the question of patronage was + settled by a compromise, which was far indeed from satisfying men of + extreme opinions, but which was generally accepted. An Act, passed at + Edinburgh, in 1690, transferred what we should call in England the + advowsons from the old patrons to parochial councils, composed of the + elders and the Protestant landowners. This system, however imperfect it + might appear to such rigid Covenanters as Davie Deans and Gifted + Gilfillan, worked satisfactorily; and the Scotch nation seems to have been + contented with its ecclesiastical polity when the Treaty of Union was + concluded. By that treaty the ecclesiastical polity of Scotland was + declared to be unalterable. Nothing, therefore, can be more clear than + that the Parliament of Great Britain was bound by the most sacred + obligations not to revive those rights of patronage which the Parliament + of Scotland had abolished. + </p> + <p> + But, Sir, the Union had not lasted five years when our ancestors were + guilty of a great violation of public faith. The history of that great + fault and of its consequences is full of interest and instruction. The + wrong was committed hastily, and with contumelious levity. The offenders + were doubtless far from foreseeing that their offence would be visited on + the third and fourth generation; that we should be paying in 1845 the + penalty of what they did in 1712. + </p> + <p> + In 1712, Sir, the Whigs, who were the chief authors of the Union, had been + driven from power. The prosecution of Sacheverell had made them odious to + the nation. The general election of 1710 had gone against them. Tory + statesmen were in office. Tory squires formed more than five-sixths of + this House. The party which was uppermost thought that England had, in + 1707, made a bad bargain, a bargain so bad that it could hardly be + considered as binding. The guarantee so solemnly given to the Church of + Scotland was a subject of loud and bitter complaint. The Ministers hated + that Church much; and their chief supporters, the country gentlemen and + country clergymen of England, hated it still more. Numerous petty insults + were offered to the opinions, or, if you please, the prejudices of the + Presbyterians. At length it was determined to go further, and to restore + to the old patrons those rights which had been taken away in 1690. A bill + was brought into this House, the history of which you may trace in our + Journals. Some of the entries are very significant. In spite of all + remonstrances the Tory majority would not hear of delay. The Whig minority + struggled hard, appealed to the act of Union and the Act of Security, and + insisted on having both those Acts read at the table. The bill passed this + House, however, before the people of Scotland knew that it had been + brought in. For there were then neither reporters nor railroads; and + intelligence from Westminster was longer in travelling to Cambridge than + it now is in travelling to Aberdeen. The bill was in the House of Lords + before the Church of Scotland could make her voice heard. Then came a + petition from a committee appointed by the General Assembly to watch over + the interests of religion while the General Assembly itself was not + sitting. The first name attached to that petition is the name of Principal + Carstairs, a man who had stood high in the esteem and favour of William + the Third, and who had borne a chief part in establishing the Presbyterian + Church in Scotland. Carstairs and his colleagues appealed to the Act of + Union, and implored the peers not to violate that Act. But party spirit + ran high; public faith was disregarded: patronage was restored. To that + breach of the Treaty of Union are to be directly ascribed all the schisms + that have since rent the Church of Scotland. + </p> + <p> + I will not detain the House by giving a minute account of those schisms. + It is enough to say that the law of patronage produced, first the + secession of 1733 and the establishment of the Associate Synod, then the + secession of 1752 and the establishment of the Relief Synod, and finally + the great secession of 1843 and the establishment of the Free Church. Only + two years have elapsed since we saw, with mingled admiration and pity, a + spectacle worthy of the best ages of the Church. Four hundred and seventy + ministers resigned their stipends, quitted their manses, and went forth + committing themselves, their wives, their children, to the care of + Providence. Their congregations followed them by thousands, and listened + eagerly to the Word of Life in tents, in barns, or on those hills and + moors where the stubborn Presbyterians of a former generation had prayed + and sung their psalms in defiance of the boot of Lauderdale and of the + sword of Dundee. The rich gave largely of their riches. The poor + contributed with the spirit of her who put her two mites into the treasury + of Jerusalem. Meanwhile, in all the churches of large towns, of whole + counties, the established clergy were preaching to empty benches. And of + these secessions every one may be distinctly traced to that violation of + the Treaty of Union which was committed in 1712. + </p> + <p> + This, Sir, is the true history of dissent in Scotland: and, this being so, + how can any man have the front to invoke the Treaty of Union and the Act + of Security against those who are devotedly attached to that system which + the Treaty of Union and the Act of Security were designed to protect, and + who are seceders only because the Treaty of Union and the Act of Security + have been infringed? I implore gentlemen to reflect on the manner in which + they and their fathers have acted towards the Scotch Presbyterians. First + you bind yourselves by the most solemn obligations to maintain unaltered + their Church as it was constituted in 1707. Five years later you alter the + constitution of their Church in a point regarded by them as essential. In + consequence of your breach of faith secession after secession takes place, + till at length the Church of the State ceases to be the Church of the + People. Then you begin to be squeamish. Then those articles of the Treaty + of Union which, when they really were obligatory, you outrageously + violated, now when they are no longer obligatory, now when it is no longer + in your power to observe them according to the spirit, are represented as + inviolable. You first, by breaking your word, turn hundreds of thousands + of Churchmen into Dissenters; and then you punish them for being + Dissenters, because, forsooth, you never break your word. If your + consciences really are so tender, why do you not repeal the Act of 1712? + Why do you not put the Church of Scotland back into the same situation in + which she was in 1707. We have had occasion more than once in the course + of this session to admire the casuistical skill of Her Majesty's + Ministers. But I must say that even their scruple about slave-grown sugar, + though that scruple is the laughing-stock of all Europe and all America, + is respectable when compared with their scruple about the Treaty of Union. + Is there the slightest doubt that every compact ought to be construed + according to the sense in which it was understood by those who made it? + And is there the slightest doubt as to the sense in which the compact + between England and Scotland was understood by those who made it? Suppose + that we could call up from their graves the Presbyterian divines who then + sate in the General Assembly. Suppose that we could call up Carstairs; + that we could call up Boston, the author of the Fourfold State; that we + could relate to them the history of the ecclesiastical revolutions which + have, since their time, taken place in Scotland; and that we could then + ask them, "Is the Established Church, or is the Free Church, identical + with the Church which existed at the time of the Union?" Is it not quite + certain what their answer would be? They would say, "Our Church, the + Church which you promised to maintain unalterable, was not the Church + which you protect, but the Church which you oppress. Our Church was the + Church of Chalmers and Brewster, not the Church of Bryce and Muir." + </p> + <p> + It is true, Sir, that the Presbyterian dissenters are not the only + dissenters whom this bill will relieve. By the law, as it now stands, all + persons who refuse to declare their approbation of the synodical polity, + that is to say, all persons who refuse to declare that they consider + episcopal government and episcopal ordination as, at least, matters + altogether indifferent, are incapable of holding academical office in + Scotland. Now, Sir, will any gentleman who loves the Church of England + vote for maintaining this law? If, indeed, he were bound by public faith + to maintain this law, I admit that he would have no choice. But I have + proved, unless I greatly deceive myself, that he is not bound by public + faith to maintain this law? Can he then conscientiously support the + Ministers to-night? If he votes with them, he votes for persecuting what + he himself believes to be the truth. He holds out to the members of his + own Church lures to tempt them to renounce that Church, and to join + themselves to a Church which he considers as less pure. We may differ as + to the propriety of imposing penalties and disabilities on heretics. But + surely we shall agree in thinking that we ought not to punish men for + orthodoxy. + </p> + <p> + I know, Sir, that there are many gentlemen who dislike innovation merely + as innovation, and would be glad always to keep things as they are now. + Even to this class of persons I will venture to appeal. I assure them that + we are not the innovators. I assure them that our object is to keep things + as they are and as they have long been. In form, I own, we are proposing a + change; but in truth we are resisting a change. The question really is, + not whether we shall remove old tests, but whether we shall impose new + ones. The law which we seek to repeal has long been obsolete. So + completely have the tests been disused that, only the other day, the right + honourable Baronet, the Secretary for the Home Department, when speaking + in favour of the Irish Colleges Bill, told us that the Government was not + making a rash experiment. "Our plan," he said, "has already been tried at + Edinburgh and has succeeded. At Edinburgh the tests have been disused near + a hundred years." As to Glasgow the gentlemen opposite can give us full + information from their own experience. For there are at least three + members of the Cabinet who have been Lords Rectors; the First Lord of the + Treasury, and the Secretaries for the Home Department and the Colonial + Department. They never took the test. They probably would not have taken + it; for they are all Episcopalians. In fact, they belong to the very class + which the test was especially meant to exclude. The test was not meant to + exclude Presbyterian dissenters; for the Presbyterian Church was not yet + rent by any serious schism. Nor was the test meant to exclude the Roman + Catholics; for against the Roman Catholics there was already abundant + security. The Protestant Episcopalian was the enemy against whom it was, + in 1707, thought peculiarly necessary to take precautions. That those + precautions have long been disused the three members of the Cabinet whom I + mentioned can certify. + </p> + <p> + On a sudden the law, which had long slept a deep sleep, has been awakened, + stirred up, and put into vigorous action. These obsolete tests are now, it + seems, to be exacted with severity. And why? Simply because an event has + taken place which makes them ten times as unjust and oppressive as they + would have been formerly. They were not required while the Established + Church was the Church of the majority. They are to be required solely + because a secession has taken place which has made the Established Church + the Church of the minority. While they could have done little mischief + they were suffered to lie neglected. They are now to be used, because a + time has come at which they cannot be used without fatal consequences. + </p> + <p> + It is impossible for me to speak without indignation of those who have + taken the lead in the work of persecution. Yet I must give them credit for + courage. They have selected as their object of attack no less a man than + Sir David Brewster, Principal of the University of Saint Andrews. I hold + in my hand the libel, as it is technically called, in which a Presbytery + of the Established Church demands that Sir David, for the crime of + adhering to that ecclesiastical polity which was guaranteed to his country + by the Act of Union, shall be "removed from his office, and visited with + such other censure or punishment as the laws of the Church enjoin, for the + glory of God, the safety of the Church, and the prosperity of the + University, and to deter others holding the same important office from + committing the like offence in all time coming, but that others may hear + and fear the danger and detriment of following divisive courses." Yes; for + the glory of God, the safety of the Church, and the prosperity of the + University. What right, Sir, have the authors of such an instrument as + this to raise their voices against the insolence and intolerance of the + Vatican? The glory of God! As to that, I will only say that this is not + the first occasion on which the glory of God has been made a pretext for + the injustice of man. The safety of the Church! Sir, if, which God forbid, + that Church is really possessed by the evil spirit which actuates this + Presbytery; if that Church, having recently lost hundreds of able + ministers and hundreds of thousands of devout hearers, shall, instead of + endeavouring, by meekness, and by redoubled diligence, to regain those + whom she has estranged, give them new provocation; if she shall sharpen + against them an old law the edge of which has long rusted off, and which, + when it was first made, was made not for her defence, but for theirs; then + I pronounce the days of that Church numbered. As to the prosperity of the + University, is there a corner of Europe where men of science will not + laugh when they hear that the prosperity of the University of Saint + Andrews is to be promoted by expelling Sir David Brewster on account of a + theological squabble? The professors of Edinburgh know better than this + Presbytery how the prosperity of a seat of learning is to be promoted. + There the Academic Senate is almost unanimous in favour of the bill. And + indeed it is quite certain that, unless this bill, or some similar bill, + be passed, a new college will soon be founded and endowed with that + munificence of which the history of the Free Church furnishes so many + examples. From the day on which such an university arises, the old + universities must decline. Now, they are practically national, and not + sectarian, institutions. And yet, even now, the emoluments of a + professorship are so much smaller than those which ability and industry + can obtain in other ways, that it is difficult to find eminent men to fill + the chairs. And if there be this difficulty now, when students of all + religious persuasions attend the lectures, what is likely to happen when + all the members of the Free Church go elsewhere for instruction? If there + be this difficulty when you have all the world to choose professors from, + what is likely to happen when your choice is narrowed to less than + one-half of Scotland? As the professorships become poorer, the professors + will become less competent. As the professors become less competent, the + classes will become thinner. As the classes become thinner, the + professorships will again become poorer. The decline will become rapid and + headlong. In a short time, the lectures will be delivered to empty rooms: + the grass will grow in the courts: and men not fit to be village dominies + will occupy the chairs of Adam Smith and Dugald Stewart, of Reid and + Black, of Playfair and Jamieson. + </p> + <p> + How do Her Majesty's Ministers like such a prospect as this! Already they + have, whether by their fault or their misfortune I will not now inquire, + secured for themselves an unenviable place in the history of Scotland. + Their names are already inseparably associated with the disruption of her + Church. Are those names to be as inseparably associated with the ruin of + her Universities? + </p> + <p> + If the Government were consistent in error, some respect might be mingled + with our disapprobation. But a Government which is guided by no principle; + a Government which, on the gravest questions, does not know its own mind + twenty-four hours together; a Government which is against tests at Cork, + and for tests at Glasgow, against tests at Belfast, and for tests at + Edinburgh, against tests on the Monday, for them on the Wednesday, against + them again on the Thursday—how can such a Government command esteem + or confidence? How can the Ministers wonder that their uncertain and + capricious liberality fails to obtain the applause of the liberal party? + What right have they to complain if they lose the confidence of half the + nation without gaining the confidence of the other half? + </p> + <p> + But I do not speak to the Government. I speak to the House. I appeal to + those who, on Monday last, voted with the Ministers against the test + proposed by the honourable Baronet the Member for North Devon. I know what + is due to party ties. But there is a mire so black and so deep that no + leader has a right to drag his followers through it. It is only + forty-eight hours since honourable gentlemen were brought down to the + House to vote against requiring the professors in the Irish Colleges to + make a declaration of belief in the Gospel: and now the same gentlemen are + expected to come down and to vote that no man shall be a professor in a + Scottish college who does not declare himself a Calvinist and a + Presbyterian. Flagrant as is the injustice with which the ministers have + on this occasion treated Scotland, the injustice with which they have + treated their own supporters is more flagrant still. I call on all who + voted with the Government on Monday to consider whether they can + consistently and honourably vote with the Government to-night: I call on + all members of the Church of England to ponder well before they make it + penal to be a member of the Church of England; and, lastly, I call on + every man of every sect and party who loves science and letters, who is + solicitous for the public tranquillity, who respects the public faith, to + stand by us in this our hard struggle to avert the ruin which threatens + the Universities of Scotland. I move that this bill be now read a second + time. + </p> + <hr /> + <p> + <a name="link2H_4_0028" id="link2H_4_0028"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + CORN LAWS. (DECEMBER 2, 1845) A SPEECH DELIVERED AT EDINBURGH ON THE 2D OF + DECEMBER 1845. + </h2> + <p> + The following Speech was delivered at a public meeting held at Edinburgh + on the second of December, 1845, for the purpose of petitioning Her + Majesty to open the ports of the United Kingdom for the free admission of + corn and other food. + </p> + <p> + My Lord Provost and Gentlemen,—You will, I hope, believe that I am + deeply sensible of the kindness with which you have received me. I only + beg that you will continue to extend your indulgence to me, if it should + happen that my voice should fail me in the attempt to address you. I have + thought it my duty to obey your summons, though I am hardly equal to the + exertion of public speaking, and though I am so situated that I can pass + only a few hours among you. But it seemed to me that this was not an + ordinary meeting or an ordinary crisis. It seemed to me that a great era + had arrived, and that, at such a conjuncture, you were entitled to know + the opinions and intentions of one who has the honour of being your + representative. + </p> + <p> + With respect to the past, gentlemen, I have perhaps a little to explain, + but certainly nothing to repent or to retract. My opinions, from the day + on which I entered public life, have never varied. I have always + considered the principle of protection of agriculture as a vicious + principle. I have always thought that this vicious principle took, in the + Act of 1815, in the Act of 1828, and in the Act of 1842, a singularly + vicious form. This I declared twelve years ago, when I stood for Leeds: + this I declared in May 1839, when I first presented myself before you; and + when, a few months later, Lord Melbourne invited me to become a member of + his Government, I distinctly told him that, in office or out of office, I + must vote for the total repeal of the corn laws. + </p> + <p> + But in the year 1841 a very peculiar crisis arrived. There was reason to + hope that it might be possible to effect a compromise, which would not + indeed wholly remove the evils inseparable from a system of protection, + but which would greatly mitigate them. There were some circumstances in + the financial situation of the country which led those who were then the + advisers of the Crown to hope that they might be able to get rid of the + sliding scale, and to substitute for it a moderate fixed duty. We proposed + a duty of eight shillings a quarter on wheat. The Parliament refused even + to consider our plan. Her Majesty appealed to the people. I presented + myself before you; and you will bear me witness that I disguised nothing. + I said, "I am for a perfectly free trade in corn: but I think that, + situated as we are, we should do well to consent to a compromise. If you + return me to Parliament, I shall vote for the eight shilling duty. It is + for you to determine whether, on those terms, you will return me or not." + You agreed with me. You sent me back to the House of Commons on the + distinct understanding that I was to vote for the plan proposed by the + Government of which I was a member. As soon as the new Parliament met, a + change of administration took place. But it seemed to me that it was my + duty to support, when out of place, that proposition to which I had been a + party when I was in place. I therefore did not think myself justified in + voting for a perfectly free trade, till Parliament had decided against our + fixed duty, and in favour of Sir Robert Peel's new sliding scale. As soon + as that decision had been pronounced, I conceived that I was no longer + bound by the terms of the compromise which I had, with many misgivings, + consented to offer to the agriculturists, and which the agriculturists had + refused to accept. I have ever since voted in favour of every motion which + has been made for the total abolition of the duties on corn. + </p> + <p> + There has been, it is true, some difference of opinion between me and some + of you. We belonged to the same camp: but we did not quite agree as to the + mode of carrying on the war. I saw the immense strength of the interests + which were arrayed against us. I saw that the corn monopoly would last + forever if those who defended it were united, while those who assailed it + were divided. I saw that many men of distinguished abilities and + patriotism, such men as Lord John Russell, Lord Howick, Lord Morpeth, were + unwilling to relinquish all hope that the question might be settled by a + compromise such as had been proposed in 1841. It seemed to me that the + help of such men was indispensable to us, and that, if we drove from us + such valuable allies, we should be unable to contend against the common + enemy. Some of you thought that I was timorous, and others that I was + misled by party spirit or by personal friendship. I still think that I + judged rightly. But I will not now argue the question. It has been set at + rest for ever, and in the best possible way. It is not necessary for us to + consider what relations we ought to maintain with the party which is for a + moderate fixed duty. That party has disappeared. Time, and reflection, and + discussion, have produced their natural effect on minds eminently + intelligent and candid. No intermediate shades of opinion are now left. + There is no twilight. The light has been divided from the darkness. Two + parties are ranged in battle array against each other. There is the + standard of monopoly. Here is the standard of free trade; and by the + standard of free trade I pledge myself to stand firmly. + </p> + <p> + Gentlemen, a resolution has been put into my hands which I shall move with + the greatest pleasure. That resolution sets forth in emphatic language a + truth of the highest importance, namely, that the present corn laws press + with especial severity on the poor. There was a time, gentlemen, when + politicians were not ashamed to defend the corn laws merely as + contrivances for putting the money of the many into the pockets of the + few. We must,—so these men reasoned,—have a powerful and + opulent class of grandees: that we may have such grandees, the rent of + land must be kept up: and that the rent of land may be kept up, the price + of bread must be kept up. There may still be people who think thus: but + they wisely keep their thoughts to themselves. Nobody now ventures to say + in public that ten thousand families ought to be put on short allowance of + food in order that one man may have a fine stud and a fine picture + gallery. Our monopolists have changed their ground. They have abandoned + their old argument for a new argument much less invidious, but, I think, + rather more absurd. They have turned philanthropists. Their hearts bleed + for the misery of the poor labouring man. They constantly tell us that the + cry against the corn laws has been raised by capitalists; that the + capitalist wishes to enrich himself at the expense both of the landed + gentry and of the working people; that every reduction of the price of + food must be followed by a reduction of the wages of labour; and that, if + bread should cost only half what it now costs, the peasant and the artisan + would be sunk in wretchedness and degradation, and the only gainers would + be the millowners and the money changers. It is not only by landowners, it + is not only by Tories, that this nonsense has been talked. We have heard + it from men of a very different class, from demagogues who wish to keep up + the corn laws, merely in order that the corn laws may make the people + miserable, and that misery may make the people turbulent. You know how + assiduously those enemies of all order and all property have laboured to + deceive the working man into a belief that cheap bread would be a curse to + him. Nor have they always laboured in vain. You remember that once, even + in this great and enlightened city, a public meeting called to consider + the corn laws was disturbed by a deluded populace. Now, for my own part, + whenever I hear bigots who are opposed to all reform, and anarchists who + are bent on universal destruction, join in the same cry, I feel certain + that it is an absurd and mischievous cry; and surely never was there a cry + so absurd and mischievous as this cry against cheap loaves. It seems + strange that Conservatives, people who profess to hold new theories in + abhorrence, people who are always talking about the wisdom of our + ancestors, should insist on our receiving as an undoubted truth a strange + paradox never heard of from the creation of the world till the nineteenth + century. Begin with the most ancient book extant, the Book of Genesis, and + come down to the parliamentary debates of 1815; and I will venture to say + that you will find that, on this point, the party which affects profound + reverence for antiquity and prescription has against it the unanimous + voice of thirty-three centuries. If there be anything in which all + peoples, nations, and languages, Jews, Greeks, Romans, Italians, + Frenchmen, Englishmen, have agreed, it has been this, that the dearness of + food is a great evil to the poor. Surely, the arguments which are to + counterbalance such a mass of authority ought to be weighty. What then are + those arguments? I know of only one. If any gentleman is acquainted with + any other, I wish that he would communicate it to us; and I will engage + that he shall have a fair and full hearing. The only argument that I know + of is this, that there are some countries in the world where food is + cheaper than in England, and where the people are more miserable than in + England. Bengal has been mentioned. But Poland is the favourite case. + Whenever we ask why there should not be a free trade in corn between the + Vistula and the Thames, the answer is, "Do you wish our labourers to be + reduced to the condition of the peasants of the Vistula?" Was such + reasoning ever heard before? See how readily it may be turned against + those who use it. Corn is cheaper at Cincinnati than here; but the wages + of the labourer are much higher at Cincinnati than here: therefore, the + lower the price of food, the higher the wages will be. This reasoning is + just as good as the reasoning of our adversaries: that is to say, it is + good for nothing. It is not one single cause that makes nations either + prosperous or miserable. No friend of free trade is such an idiot as to + say that free trade is the only valuable thing in the world; that + religion, government, police, education, the administration of justice, + public expenditure, foreign relations, have nothing whatever to do with + the well-being of nations; that people sunk in superstition, slavery, + barbarism, must be happy if they have only cheap food. These gentlemen + take the most unfortunate country in the world, a country which, while it + had an independent government, had the very worst of independent + governments; the sovereign a mere phantom; the nobles defying him and + quarrelling with each other; the great body of the population in a state + of servitude; no middle class; no manufactures; scarcely any trade, and + that in the hands of Jew pedlars. Such was Poland while it was a separate + kingdom. But foreign invaders came down upon it. It was conquered: it was + reconquered: it was partitioned: it was repartitioned: it is now under a + government of which I will not trust myself to speak. This is the country + to which these gentlemen go to study the effect of low prices. When they + wish to ascertain the effect of high prices, they take our own country; a + country which has been during many generations the best governed in + Europe; a country where personal slavery has been unknown during ages; a + country which enjoys the blessings of a pure religion, of freedom, of + order; a country long secured by the sea against invasion; a country in + which the oldest man living has never seen a foreign flag except as a + trophy. Between these two countries our political philosophers institute a + comparison. They find the Briton better off than the Pole; and they + immediately come to the conclusion that the Briton is so well off because + his bread is dear, and the Pole so ill off because his bread is cheap. + Why, is there a single good which in this way I could not prove to be an + evil, or a single evil which I could not prove to be a good? Take + lameness. I will prove that it is the best thing in the world to be lame: + for I can show you men who are lame, and yet much happier than many men + who have the full use of their legs. I will prove health to be a calamity. + For I can easily find you people in excellent health whose fortunes have + been wrecked, whose character has been blasted, and who are more wretched + than many invalids. But is that the way in which any man of common sense + reasons? No; the question is: Would not the lame man be happier if you + restored to him the use of his limbs? Would not the healthy man be more + wretched if he had gout and rheumatism in addition to all his other + calamities? Would not the Englishman be better off if food were as cheap + here as in Poland? Would not the Pole be more miserable if food were as + dear in Poland as here? More miserable indeed he would not long be: for he + would be dead in a month. + </p> + <p> + It is evident that the true way of determining the question which we are + considering, is to compare the state of a society when food is cheap with + the state of that same society when food is dear; and this is a comparison + which we can very easily make. We have only to recall to our memory what + we have ourselves seen within the last ten years. Take the year 1835. Food + was cheap then; and the capitalist prospered greatly. But was the + labouring man miserable? On the contrary, it is notorious that work was + plentiful, that wages were high, that the common people were thriving and + contented. Then came a change like that in Pharaoh's dream. The thin ears + had blighted the full ears; the lean kine had devoured the fat kine; the + days of plenty were over; and the days of dearth had arrived. In 1841 the + capitalist was doubtless distressed. But will anybody tell me that the + capitalist was the only sufferer, or the chief sufferer? Have we forgotten + what was the condition of the working people in that unhappy year? So + visible was the misery of the manufacturing towns that a man of + sensibility could hardly bear to pass through them. Everywhere he found + filth and nakedness, and plaintive voices, and wasted forms, and haggard + faces. Politicians who had never been thought alarmists began to tremble + for the very foundations of society. First the mills were put on short + time. Then they ceased to work at all. Then went to pledge the scanty + property of the artisan: first his little luxuries, then his comforts, + then his necessaries. The hovels were stripped till they were as bare as + the wigwam of a Dogribbed Indian. Alone, amidst the general misery, the + shop with the three golden balls prospered, and was crammed from cellar to + garret with the clocks, and the tables, and the kettles, and the blankets, + and the bibles of the poor. I remember well the effect which was produced + in London by the unwonted sight of the huge pieces of cannon which were + going northward to overawe the starving population of Lancashire. These + evil days passed away. Since that time we have again had cheap bread. The + capitalist has been a gainer. It was fit that he should be a gainer. But + has he been the only gainer? Will those who are always telling us that the + Polish labourer is worse off than the English labourer venture to tell us + that the English labourer was worse off in 1844 than in 1841? Have we not + everywhere seen the goods of the poor coming back from the magazine of the + pawnbroker? Have we not seen in the house of the working man, in his + clothing, in his very looks as he passed us in the streets, that he was a + happier being? As to his pleasures, and especially as to the most + innocent, the most salutary, of his pleasures, ask your own most + intelligent and useful fellow citizen Mr Robert Chambers what sale popular + books had in the year 1841, and what sale they had last year. I am assured + that, in one week of 1845, the sums paid in wages within twenty miles of + Manchester exceeded by a million and a half the sums paid in the + corresponding week of 1841. + </p> + <p> + Gentlemen, both the capitalist and the labourer have been gainers, as they + ought to have been gainers, by the diminution in the price of bread. But + there is a third party, which ought not to have gained by that diminution, + and yet has gained very greatly by it; and that party is Her Majesty's + present Government. It is for the interest of rulers that those whom they + rule should be prosperous. But the prosperity which we have lately enjoyed + was a prosperity for which we were not indebted to our rulers. It came in + spite of them. It was produced by the cheapness of that which they had + laboured to render dear. Under pretence of making us independent of + foreign supply, they have established a system which makes us dependent in + the worst possible way. As my valued friend, the Lord Provost (Mr Adam + Black.), has justly said, there is a mutual dependence among nations of + which we cannot get rid. That Providence has assigned different + productions to different climates is a truth with which everybody is + familiar. But this is not all. Even in the same climate different + productions belong to different stages of civilisation. As one latitude is + favourable to the vine and another to the sugar cane, so there is, in the + same latitude, a state of society in which it is desirable that the + industry of men should be almost entirely directed towards the cultivation + of the earth, and another state of society in which it is desirable that a + large part of the population should be employed in manufactures. No + dependence can be conceived more natural, more salutary, more free from + everything like degradation than the mutual dependence which exists + between a nation which has a boundless extent of fertile land, and a + nation which has a boundless command of machinery; between a nation whose + business is to turn deserts into corn fields, and a nation whose business + is to increase tenfold by ingenious processes the value of the fleece and + of the rude iron ore. Even if that dependence were less beneficial than it + is, we must submit to it; for it is inevitable. Make what laws we will, we + must be dependent on other countries for a large part of our food. That + point was decided when England ceased to be an exporting country. For, + gentlemen, it is demonstrable that none but a country which ordinarily + exports food can be independent of foreign supplies. If a manufacturer + determines to produce ten thousand pair of stockings, he will produce the + ten thousand, and neither more nor less. But an agriculturist cannot + determine that he will produce ten thousand quarters of corn, and neither + more nor less. That he may be sure of having ten thousand quarters in a + bad year, he must sow such a quantity of land that he will have much more + than ten thousand in a good year. It is evident that, if our island does + not in ordinary years produce many more quarters than we want, it will in + bad years produce fewer quarters than we want. And it is equally evident + that our cultivators will not produce more quarters of corn than we want, + unless they can export the surplus at a profit. Nobody ventures to tell us + that Great Britain can be ordinarily an exporting country. It follows that + we must be dependent: and the only question is, Which is the best mode of + dependence? That question it is not difficult to answer. Go to Lancashire; + see that multitude of cities, some of them equal in size to the capitals + of large kingdoms. Look at the warehouses, the machinery, the canals, the + railways, the docks. See the stir of that hive of human beings busily + employed in making, packing, conveying stuffs which are to be worn in + Canada and Caffraria, in Chili and Java. You naturally ask, How is this + immense population, collected on an area which will not yield food for one + tenth part of them, to be nourished? But change the scene. Go beyond the + Ohio, and there you will see another species of industry, equally + extensive and equally flourishing. You will see the wilderness receding + fast before the advancing tide of life and civilisation, vast harvests + waving round the black stumps of what a few months ago was a pathless + forest, and cottages, barns, mills, rising amidst the haunts of the wolf + and the bear. Here is more than enough corn to feed the artisans of our + thickly peopled island; and most gladly would the grower of that corn + exchange it for a Sheffield knife, a Birmingham spoon, a warm coat of + Leeds woollen cloth, a light dress of Manchester cotton. But this exchange + our rulers prohibit. They say to our manufacturing population, "You would + willingly weave clothes for the people of America, and they would gladly + sow wheat for you; but we prohibit this intercourse. We condemn both your + looms and their ploughs to inaction. We will compel you to pay a high + price for a stinted meal. We will compel those who would gladly be your + purveyors and your customers to be your rivals. We will compel them to + turn manufacturers in self-defence; and when, in close imitation of us, + they impose high duties on British goods for the protection of their own + produce, we will, in our speeches and despatches, express wonder and pity + at their strange ignorance of political economy." + </p> + <p> + Such has been the policy of Her Majesty's Ministers; but it has not yet + been fairly brought to the trial. Good harvests have prevented bad laws + from producing their full effect. The Government has had a run of luck; + and vulgar observers have mistaken luck for wisdom. But such runs of luck + do not last forever. Providence will not always send the rain and the + sunshine just at such a time and in such a quantity as to save the + reputation of shortsighted statesmen. There is too much reason to believe + that evil days are approaching. On such a subject it is a sacred duty to + avoid exaggeration; and I shall do so. I observe that the writers,—wretched + writers they are,—who defend the present Administration, assert that + there is no probability of a considerable rise in the price of provisions, + and that the Whigs and the Anti-Corn-Law League are busily engaged in + circulating false reports for the vile purpose of raising a panic. Now, + gentlemen, it shall not be in the power of anybody to throw any such + imputation on me; for I shall describe our prospects in the words of the + Ministers themselves. I hold in my hand a letter in which Sir Thomas + Freemantle, Secretary for Ireland, asks for information touching the + potato crop in that country. His words are these. "Her Majesty's + Government is seeking to learn the opinion of judges and well informed + persons in every part of Ireland regarding the probability of the supply + being sufficient for the support of the people during the ensuing winter + and spring, provided care be taken in preserving the stock, and economy + used in its consumption." Here, you will observe, it is taken for granted + that the supply is not sufficient for a year's consumption: it is taken + for granted that, without care and economy, the supply will not last to + the end of the spring; and a doubt is expressed whether, with care and + economy, the supply will last even through the winter. In this letter the + Ministers of the Crown tell us that famine is close at hand; and yet, when + this letter was written, the duty on foreign corn was seventeen shillings + a quarter. Is it necessary to say more about the merits of the sliding + scale? We were assured that this wonderful piece of machinery would secure + us against all danger of scarcity. But unhappily we find that there is a + hitch; the sliding scale will not slide; the Ministers are crying + "Famine," while the index which they themselves devised is still pointing + to "Plenty." + </p> + <p> + And thus, Sir, I come back to the resolution which I hold in my hand, A + dear year is before us. The price of meal is already, I believe, half as + much again as it was a few months ago. Again, unhappily, we are able to + bring to the test of facts the doctrine, that the dearness of food + benefits the labourer and injures only the capitalist. The price of food + is rising. Are wages rising? On the contrary, they are falling. In + numerous districts the symptoms of distress are already perceptible. The + manufacturers are already beginning to work short time. Warned by repeated + experience, they know well what is coming, and expect that 1846 will be a + second 1841. + </p> + <p> + If these things do not teach us wisdom, we are past all teaching. Twice in + ten years we have seen the price of corn go up; and, as it went up, the + wages of the labouring classes went down. Twice in the same period we have + seen the price of corn go down; and, as it went down, the wages of the + labouring classes went up. Surely such experiments as these would in any + science be considered as decisive. + </p> + <p> + The prospect, gentlemen, is, doubtless, gloomy. Yet it has its bright + part. I have already congratulated you on the important fact that Lord + John Russell and those who have hitherto acted on this subject in concert + with him, have given up all thoughts of fixed duty. I have to congratulate + you on another fact not less important. I am assured that the working + people of the manufacturing districts have at last come to understand this + question. The sharp discipline which they have undergone has produced this + good effect; that they will never again listen to any orator who shall + have the effrontery to tell them that their wages rise and fall with the + price of the loaf. Thus we shall go into the contest under such leading + and with such a following as we never had before. The best part of the + aristocracy will be at our head. Millions of labouring men, who had been + separated from us by the arts of impostors, will be in our rear. So led + and so followed, we may, I think, look forward to victory, if not in this, + yet in the next Parliament. But, whether our triumph be near or remote, I + assure you that I shall not fail as regards this question, to prove myself + your true representative. I will now, my Lord, put into your hands this + resolution, "That the present corn law presses with especial severity on + the poorer classes." + </p> + <hr /> + <p> + <a name="link2H_4_0029" id="link2H_4_0029"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THE TEN HOURS BILL. (MAY 22, 1846) A SPEECH DELIVERED IN THE HOUSE OF + COMMONS ON THE 22D OF MAY 1846. + </h2> + <p> + On the twenty-ninth of April, 1846, Mr Fielden, Member for Oldham, moved + the second reading of a Bill for limiting the labour of young persons in + factories to ten hours a day. The debate was adjourned, and was repeatedly + resumed at long intervals. At length, on the twenty-second of May the Bill + was rejected by 203 votes to 193. On that day the following Speech was + made. + </p> + <p> + It is impossible, Sir, that I can remain silent after the appeal which has + been made to me in so pointed a manner by my honourable friend, the Member + for Sheffield (Mr Ward.), and even if that appeal had not been made to me, + I should have been very desirous to have an opportunity of explaining the + grounds on which I shall vote for the second reading of this bill. + </p> + <p> + It is, I hope, unnecessary for me to assure my honourable friend that I + utterly disapprove of those aspersions which have, both in this House and + out of it, been thrown on the owners of factories. For that valuable class + of men I have no feeling but respect and good will. I am convinced that + with their interests the interests of the whole community, and especially + of the labouring classes, are inseparably bound up. I can also with + perfect sincerity declare that the vote which I shall give to-night will + not be a factious vote. In no circumstances indeed should I think that the + laws of political hostility warranted me in treating this question as a + party question. But at the present moment I would much rather strengthen + than weaken the hands of Her Majesty's Ministers. It is by no means + pleasant to me to be under the necessity of opposing them. I assure them, + I assure my friends on this side of the House with whom I am so + unfortunate as to differ, and especially my honourable friend the Member + for Sheffield, who spoke, I must say, in rather too plaintive a tone, that + I have no desire to obtain credit for humanity at their expense. I fully + believe that their feeling towards the labouring people is quite as kind + as mine. There is no difference between us as to ends: there is an honest + difference of opinion as to means: and we surely ought to be able to + discuss the points on which we differ without one angry emotion or one + acrimonious word. + </p> + <p> + The details of the bill, Sir, will be more conveniently and more regularly + discussed when we consider it in Committee. Our business at present is + with the principle: and the principle, we are told by many gentlemen of + great authority, is unsound. In their opinion, neither this bill, nor any + other bill regulating the hours of labour, can be defended. This, they + say, is one of those matters about which we ought not to legislate at all; + one of those matters which settle themselves far better than any + government can settle them. Now it is most important that this point + should be fully cleared up. We certainly ought not to usurp functions + which do not properly belong to us: but, on the other hand, we ought not + to abdicate functions which do properly belong to us. I hardly know which + is the greater pest to society, a paternal government, that is to say a + prying, meddlesome government, which intrudes itself into every part of + human life, and which thinks that it can do everything for everybody + better than anybody can do anything for himself; or a careless, lounging + government, which suffers grievances, such as it could at once remove, to + grow and multiply, and which to all complaint and remonstrance has only + one answer: "We must let things alone: we must let things take their + course: we must let things find their level." There is no more important + problem in politics than to ascertain the just mean between these two most + pernicious extremes, to draw correctly the line which divides those cases + in which it is the duty of the State to interfere from those cases in + which it is the duty of the State to abstain from interference. In old + times the besetting sin of rulers was undoubtedly an inordinate + disposition to meddle. The lawgiver was always telling people how to keep + their shops, how to till their fields, how to educate their children, how + many dishes to have on their tables, how much a yard to give for the cloth + which made their coats. He was always trying to remedy some evil which did + not properly fall within his province: and the consequence was that he + increased the evils which he attempted to remedy. He was so much shocked + by the distress inseparable from scarcity that he made statutes against + forestalling and regrating, and so turned the scarcity into a famine. He + was so much shocked by the cunning and hardheartedness of money-lenders + that he made laws against usury; and the consequence was that the + borrower, who, if he had been left unprotected, would have got money at + ten per cent., could hardly, when protected, get it at fifteen per cent. + Some eminent political philosophers of the last century exposed with great + ability the folly of such legislation, and, by doing so, rendered a great + service to mankind. There has been a reaction, a reaction which has + doubtless produced much good, but which like most reactions, has not been + without evils and dangers. Our statesmen cannot now be accused of being + busybodies. But I am afraid that there is, even in some of the ablest and + most upright among them a tendency to the opposite fault. I will give an + instance of what I mean. Fifteen years ago it became evident that + railroads would soon, in every part of the kingdom, supersede to a great + extent the old highways. The tracing of the new routes which were to join + all the chief cities, ports, and naval arsenals of the island was a matter + of the highest national importance. But, unfortunately, those who should + have acted for the nation, refused to interfere. Consequently, numerous + questions which were really public, questions which concerned the public + convenience, the public prosperity, the public security, were treated as + private questions. That the whole society was interested in having a good + system of internal communication seemed to be forgotten. The speculator + who wanted a large dividend on his shares, the landowner who wanted a + large price for his acres, obtained a full hearing. But nobody applied to + be heard on behalf of the community. The effects of that great error we + feel, and we shall not soon cease to feel. Unless I am greatly mistaken, + we are in danger of committing to-night an error of the same kind. The + honourable member for Montrose (Mr Hume.) and my honourable friend the + Member for Sheffield think that the question before us is merely a + question between the old and the new theories of commerce. They cannot + understand how any friend of free trade can wish the Legislature to + interfere between the capitalist and the labourer. They say, "You do not + make a law to settle the price of gloves, or the texture of gloves, or the + length of credit which the glover shall give. You leave it to him to + determine whether he will charge high or low prices, whether he will use + strong or flimsy materials, whether he will trust or insist on ready + money. You acknowledge that these are matters which he ought to be left to + settle with his customers, and that we ought not to interfere. It is + possible that he may manage his shop ill. But it is certain that we shall + manage it ill. On the same grounds on which you leave the seller of gloves + and the buyer of gloves to make their own contract, you ought to leave the + seller of labour and the buyer of labour to make their own contract." + </p> + <p> + I have a great respect, Sir, for those who reason thus: but I cannot see + this matter in the light in which it appears to them; and, though I may + distrust my own judgment, I must be guided by it. I am, I believe, as + strongly attached as any member of this House to the principle of free + trade, rightly understood. Trade, considered merely as trade, considered + merely with reference to the pecuniary interest of the contracting + parties, can hardly be too free. But there is a great deal of trade which + cannot be considered merely as trade, and which affects higher than + pecuniary interests. And to say that Government never ought to regulate + such trade is a monstrous proposition, a proposition at which Adam Smith + would have stood aghast. We impose some restrictions on trade for purposes + of police. Thus, we do not suffer everybody who has a cab and a horse to + ply for passengers in the streets of London. We do not leave the fare to + be determined by the supply and the demand. We do not permit a driver to + extort a guinea for going half a mile on a rainy day when there is no + other vehicle on the stand. We impose some restrictions on trade for the + sake of revenue. Thus, we forbid a farmer to cultivate tobacco on his own + ground. We impose some restrictions on trade for the sake of national + defence. Thus we compel a man who would rather be ploughing or weaving to + go into the militia; and we fix the amount of pay which he shall receive + without asking his consent. Nor is there in all this anything inconsistent + with the soundest political economy. For the science of political economy + teaches us only that we ought not on commercial grounds to interfere with + the liberty of commerce; and we, in the cases which I have put, interfere + with the liberty of commerce on higher than commercial grounds. + </p> + <p> + And now, Sir, to come closer to the case with which we have to deal, I + say, first, that where the health of the community is concerned, it may be + the duty of the State to interfere with the contracts of individuals; and + to this proposition I am quite sure that Her Majesty's Government will + cordially assent. I have just read a very interesting report signed by two + members of that Government, the Duke of Buccleuch, and the noble earl who + was lately Chief Commissioner of the Woods and Forests, and who is now + Secretary for Ireland (The Earl of Lincoln.); and, since that report was + laid before the House, the noble earl himself has, with the sanction of + the Cabinet, brought in a bill for the protection of the public health. By + this bill it is provided that no man shall be permitted to build a house + on his own land in any great town without giving notice to certain + Commissioners. No man is to sink a cellar without the consent of these + Commissioners. The house must not be of less than a prescribed width. No + new house must be built without a drain. If an old house has no drain, the + Commissioners may order the owner to make a drain. If he refuses, they + make a drain for him, and send him in the bill. They may order him to + whitewash his house. If he refuses, they may send people with pails and + brushes to whitewash it for him, at his charge. Now, suppose that some + proprietor of houses at Leeds or Manchester were to expostulate with the + Government in the language in which the Government has expostulated with + the supporters of this bill for the regulation of factories. Suppose he + were to say to the noble earl, "Your lordship professes to be a friend to + free trade. Your lordship's doctrine is that everybody ought to be at + liberty to buy cheap and to sell dear. Why then may not I run up a house + as cheap as I can, and let my rooms as dear as I can? Your lordship does + not like houses without drains. Do not take one of mine then. You think my + bedrooms filthy. Nobody forces you to sleep in them. Use your own liberty: + but do not restrain that of your neighbours. I can find many a family + willing to pay a shilling a week for leave to live in what you call a + hovel. And why am not I to take the shilling which they are willing to + give me? And why are not they to have such shelter as, for that shilling, + I can afford them? Why did you send a man without my consent to clean my + house, and then force me to pay for what I never ordered? My tenants + thought the house clean enough for them; or they would not have been my + tenants; and, if they and I were satisfied, why did you, in direct + defiance of all the principles of free trade, interfere between us?" This + reasoning, Sir, is exactly of a piece with the reasoning of the honourable + Member for Montrose, and of my honourable friend the Member for Sheffield. + If the noble earl will allow me to make a defence for him, I believe that + he would answer the objection thus: "I hold," he would say, "the sound + doctrine of free trade. But your doctrine of free trade is an + exaggeration, a caricature of the sound doctrine; and by exhibiting such a + caricature you bring discredit on the sound doctrine. We should have + nothing to do with the contracts between you and your tenants, if those + contracts affected only pecuniary interests. But higher than pecuniary + interests are at stake. It concerns the commonwealth that the great body + of the people should not live in a way which makes life wretched and + short, which enfeebles the body and pollutes the mind. If, by living in + houses which resemble hogstyes, great numbers of our countrymen have + contracted the tastes of hogs, if they have become so familiar with filth + and stench and contagion, that they burrow without reluctance in holes + which would turn the stomach of any man of cleanly habits, that is only an + additional proof that we have too long neglected our duties, and an + additional reason for our now performing them." + </p> + <p> + Secondly, I say that where the public morality is concerned it may be the + duty of the State to interfere with the contracts of individuals. Take the + traffic in licentious books and pictures. Will anybody deny that the State + may, with propriety, interdict that traffic? Or take the case of + lotteries. I have, we will suppose, an estate for which I wish to get + twenty thousand pounds. I announce my intention to issue a thousand + tickets at twenty pounds each. The holder of the number which is first + drawn is to have the estate. But the magistrate interferes; the contract + between me and the purchasers of my tickets is annulled; and I am forced + to pay a heavy penalty for having made such a contract. I appeal to the + principle of free trade, as expounded by the honourable gentlemen the + Members for Montrose and Sheffield. I say to you, the legislators who have + restricted my liberty, "What business have you to interfere between a + buyer and a seller? If you think the speculation a bad one, do not take + tickets. But do not interdict other people from judging for themselves." + Surely you would answer, "You would be right if this were a mere question + of trade: but it is a question of morality. We prohibit you from disposing + of your property in this particular mode, because it is a mode which tends + to encourage a most pernicious habit of mind, a habit of mind incompatible + with all the qualities on which the well-being of individuals and of + nations depends." + </p> + <p> + It must then, I think, be admitted that, where health is concerned, and + where morality is concerned, the State is justified in interfering with + the contracts of individuals. And, if this be admitted, it follows that + the case with which we now have to do is a case for interference. + </p> + <p> + Will it be denied that the health of a large part of the rising generation + may be seriously affected by the contracts which this bill is intended to + regulate? Can any man who has read the evidence which is before us, can + any man who has ever observed young people, can any man who remembers his + own sensations when he was young, doubt that twelve hours a day of labour + in a factory is too much for a lad of thirteen? + </p> + <p> + Or will it be denied that this is a question in which public morality is + concerned? Can any one doubt,—none, I am sure, of my friends around + me doubts,—that education is a matter of the highest importance to + the virtue and happiness of a people? Now we know that there can be no + education without leisure. It is evident that, after deducting from the + day twelve hours for labour in a factory, and the additional hours + necessary for exercise, refreshment, and repose, there will not remain + time enough for education. + </p> + <p> + I have now, I think, shown that this bill is not in principle + objectionable; and yet I have not touched the strongest part of our case. + I hold that, where public health is concerned, and where public morality + is concerned, the State may be justified in regulating even the contracts + of adults. But we propose to regulate only the contracts of infants. Now, + was there ever a civilised society in which the contracts of infants were + not under some regulation? Is there a single member of this House who will + say that a wealthy minor of thirteen ought to be at perfect liberty to + execute a conveyance of his estate, or to give a bond for fifty thousand + pounds? If anybody were so absurd as to say, "What has the Legislature to + do with the matter? Why cannot you leave trade free? Why do you pretend to + understand the boy's interest better than he understands it?"—you + would answer; "When he grows up, he may squander his fortune away if he + likes: but at present the State is his guardian; and he shall not ruin + himself till he is old enough to know what he is about." The minors whom + we wish to protect have not indeed large property to throw away: but they + are not the less our wards. Their only inheritance, the only fund to which + they must look for their subsistence through life, is the sound mind in + the sound body. And is it not our duty to prevent them from wasting their + most precious wealth before they know its value? + </p> + <p> + But, it is said, this bill, though it directly limits only the labour of + infants, will, by an indirect operation, limit also the labour of adults. + Now, Sir, though I am not prepared to vote for a bill directly limiting + the labour of adults, I will plainly say that I do not think that the + limitation of the labour of adults would necessarily produce all those + frightful consequences which we have heard predicted. You cheer me in very + triumphant tones, as if I had uttered some monstrous paradox. Pray, does + it not occur to any of you that the labour of adults is now limited in + this country? Are you not aware that you are living in a society in which + the labour of adults is limited to six days in seven? It is you, not I, + who maintain a paradox opposed to the opinions and the practices of all + nations and ages. Did you ever hear of a single civilised State since the + beginning of the world in which a certain portion of time was not set + apart for the rest and recreation of adults by public authority? In + general, this arrangement has been sanctioned by religion. The Egyptians, + the Jews, the Greeks, the Romans, had their holidays: the Hindoo has his + holidays: the Mussulman has his holidays: there are holidays in the Greek + Church, holidays in the Church of Rome, holidays in the Church of England. + Is it not amusing to hear a gentleman pronounce with confidence that any + legislation which limits the labour of adults must produce consequences + fatal to society, without once reflecting that in the society in which he + lives, and in every other society that exists, or ever has existed, there + has been such legislation without any evil consequence? It is true that a + Puritan Government in England, and an Atheistical Government in France, + abolished the old holidays as superstitious. But those Governments felt it + to be absolutely necessary to institute new holidays. Civil festivals were + substituted for religious festivals. You will find among the ordinances of + the Long Parliament a law providing that, in exchange for the days of rest + and amusement which the people had been used to enjoy at Easter, + Whitsuntide, and Christmas, the second Tuesday in every month should be + given to the working man, and that any apprentice who was forced to work + on the second Tuesday of any month might have his master up before a + magistrate. The French Jacobins decreed that the Sunday should no longer + be a day of rest; but they instituted another day of rest, the Decade. + They swept away the holidays of the Roman Catholic Church; but they + instituted another set of holidays, the Sansculottides, one sacred to + Genius, one to Industry, one to Opinion, and so on. I say, therefore, that + the practice of limiting by law the time of the labour of adults is so far + from being, as some gentlemen seem to think, an unheard of and monstrous + practice, that it is a practice as universal as cookery, as the wearing of + clothes, as the use of domestic animals. + </p> + <p> + And has this practice been proved by experience to be pernicious? Let us + take the instance with which we are most familiar. Let us inquire what has + been the effect of those laws which, in our own country, limit the labour + of adults to six days in every seven. It is quite unnecessary to discuss + the question whether Christians be or be not bound by a divine command to + observe the Sunday. For it is evident that, whether our weekly holiday be + of divine or of human institution, the effect on the temporal interests of + Society will be exactly the same. Now, is there a single argument in the + whole Speech of my honourable friend the Member for Sheffield which does + not tell just as strongly against the laws which enjoin the observance of + the Sunday as against the bill on our table? Surely, if his reasoning is + good for hours, it must be equally good for days. + </p> + <p> + He says, "If this limitation be good for the working people, rely on it + that they will find it out, and that they will themselves establish it + without any law." Why not reason in the same way about the Sunday? Why not + say, "If it be a good thing for the people of London to shut their shops + one day in seven, they will find it out, and will shut their shops without + a law?" Sir, the answer is obvious. I have no doubt that, if you were to + poll the shopkeepers of London, you would find an immense majority, + probably a hundred to one, in favour of closing shops on the Sunday; and + yet it is absolutely necessary to give to the wish of the majority the + sanction of a law; for, if there were no such law, the minority, by + opening their shops, would soon force the majority to do the same. + </p> + <p> + But, says my honourable friend, you cannot limit the labour of adults + unless you fix wages. This proposition he lays down repeatedly, assures us + that it is incontrovertible, and indeed seems to think it self-evident; + for he has not taken the trouble to prove it. Sir, my answer shall be very + short. We have, during many centuries, limited the labour of adults to six + days in seven; and yet we have not fixed the rate of wages. + </p> + <p> + But, it is said, you cannot legislate for all trades; and therefore you + had better not legislate for any. Look at the poor sempstress. She works + far longer and harder than the factory child. She sometimes plies her + needle fifteen, sixteen hours in the twenty-four. See how the housemaid + works, up at six every morning, and toiling up stairs and down stairs till + near midnight. You own that you cannot do anything for the sempstress and + the housemaid. Why then trouble yourself about the factory child? Take + care that by protecting one class you do not aggravate the hardships + endured by the classes which you cannot protect. Why, Sir, might not all + this be said, word for word, against the laws which enjoin the observance + of the Sunday? There are classes of people whom you cannot prevent from + working on the Sunday. There are classes of people whom, if you could, you + ought not to prevent from working on the Sunday. Take the sempstress, of + whom so much has been said. You cannot keep her from sewing and hemming + all Sunday in her garret. But you do not think that a reason for suffering + Covent Garden Market, and Leadenhall Market, and Smithfield Market, and + all the shops from Mile End to Hyde Park to be open all Sunday. Nay, these + factories about which we are debating,—does anybody propose that + they shall be allowed to work all Sunday? See then how inconsistent you + are. You think it unjust to limit the labour of the factory child to ten + hours a day, because you cannot limit the labour of the sempstress. And + yet you see no injustice in limiting the labour of the factory child, aye, + and of the factory man, to six days in the week, though you cannot limit + the labour of the sempstress. + </p> + <p> + But, you say, by protecting one class we shall aggravate the sufferings of + all the classes which we cannot protect. You say this; but you do not + prove it; and all experience proves the contrary. We interfere on the + Sunday to close the shops. We do not interfere with the labour of the + housemaid. But are the housemaids of London more severely worked on the + Sunday than on other days? The fact notoriously is the reverse. For your + legislation keeps the public feeling in a right state, and thus protects + indirectly those whom it cannot protect directly. + </p> + <p> + Will my honourable friend the Member for Sheffield maintain that the law + which limits the number of working days has been injurious to the working + population? I am certain that he will not. How then can he expect me to + believe that a law which limits the number of working hours must + necessarily be injurious to the working population? Yet he and those who + agree with him seem to wonder at our dulness because we do not at once + admit the truth of the doctrine which they propound on this subject. They + reason thus. We cannot reduce the number of hours of labour in factories + without reducing the amount of production. We cannot reduce the amount of + production without reducing the remuneration of the labourer. Meanwhile, + foreigners, who are at liberty to work till they drop down dead at their + looms, will soon beat us out of all the markets of the world. Wages will + go down fast. The condition of our working people will be far worse than + it is; and our unwise interference will, like the unwise interference of + our ancestors with the dealings of the corn factor and the money lender, + increase the distress of the very class which we wish to relieve. + </p> + <p> + Now, Sir, I fully admit that there might be such a limitation of the hours + of labour as would produce the evil consequences with which we are + threatened; and this, no doubt, is a very good reason for legislating with + great caution, for feeling our way, for looking well to all the details of + this bill. But it is certainly not true that every limitation of the hours + of labour must produce these consequences. And I am, I must say, surprised + when I hear men of eminent ability and knowledge lay down the proposition + that a diminution of the time of labour must be followed by diminution of + the wages of labour, as a proposition universally true, as a proposition + capable of being strictly demonstrated, as a proposition about which there + can be no more doubt than about any theorem in Euclid. Sir, I deny the + truth of the proposition; and for this plain reason. We have already, by + law, greatly reduced the time of labour in factories. Thirty years ago, + the late Sir Robert Peel told the House that it was a common practice to + make children of eight years of age toil in mills fifteen hours a day. A + law has since been made which prohibits persons under eighteen years of + age from working in mills more than twelve hours a day. That law was + opposed on exactly the same grounds on which the bill before us is + opposed. Parliament was told then, as it is told now, that with the time + of labour the quantity of production would decrease, that with the + quantity of production the wages would decrease, that our manufacturers + would be unable to contend with foreign manufacturers, and that the + condition of the labouring population instead of being made better by the + interference of the Legislature would be made worse. Read over those + debates; and you may imagine that you are reading the debate of this + evening. Parliament disregarded these prophecies. The time of labour was + limited. Have wages fallen? Has the cotton trade left Manchester for + France or Germany? Has the condition of the working people become more + miserable? Is it not universally acknowledged that the evils which were so + confidently predicted have not come to pass? Let me be understood. I am + not arguing that, because a law which reduced the hours of daily labour + from fifteen to twelve did not reduce wages, a law reducing those hours + from twelve to ten or eleven cannot possibly reduce wages. That would be + very inconclusive reasoning. What I say is this, that, since a law which + reduced the hours of daily labour from fifteen to twelve has not reduced + wages, the proposition that every reduction of the hours of labour must + necessarily reduce wages is a false proposition. There is evidently some + flaw in that demonstration which my honourable friend thinks so complete; + and what the flaw is we may perhaps discover if we look at the analogous + case to which I have so often referred. + </p> + <p> + Sir, exactly three hundred years ago, great religious changes were taking + place in England. Much was said and written, in that inquiring and + innovating age, about the question whether Christians were under a + religious obligation to rest from labour on one day in the week; and it is + well known that the chief Reformers, both here and on the Continent, + denied the existence of any such obligation. Suppose then that, in 1546, + Parliament had made a law that they should thenceforth be no distinction + between the Sunday and any other day. Now, Sir, our opponents, if they are + consistent with themselves, must hold that such a law would have immensely + increased the wealth of the country and the remuneration of the working + man. What an effect, if their principles be sound, must have been produced + by the addition of one sixth to the time of labour! What an increase of + production! What a rise of wages! How utterly unable must the foreign + artisan, who still had his days of festivity and of repose, have found + himself to maintain a competition with a people whose shops were open, + whose markets were crowded, whose spades and axes, and planes, and hods, + and anvils, and looms were at work from morning till night on three + hundred and sixty-five days a year! The Sundays of three hundred years + make up fifty years of our working days. We know what the industry of + fifty years can do. We know what marvels the industry of the last fifty + years has wrought. The arguments of my honourable friend irresistibly lead + us to this conclusion, that if, during the last three centuries, the + Sunday had not been observed as a day of rest, we should have been a far + richer, a far more highly civilised people than we now are, and that the + labouring classes especially would have been far better off than at + present. But does he, does any Member of the House, seriously believe that + this would have been the case? For my own part, I have not the smallest + doubt that, if we and our ancestors had, during the last three centuries, + worked just as hard on the Sunday as on the week days, we should have been + at this moment a poorer people and a less civilised people than we are; + that there would have been less production than there has been, that the + wages of the labourer would have been lower than they are, and that some + other nation would have been now making cotton stuffs and woollen stuffs + and cutlery for the whole world. + </p> + <p> + Of course, Sir, I do not mean to say that a man will not produce more in a + week by working seven days than by working six days. But I very much doubt + whether, at the end of a year, he will generally have produced more by + working seven days a week than by working six days a week; and I firmly + believe that, at the end of twenty years, he will have produced much less + by working seven days a week than by working six days a week. In the same + manner I do not deny that a factory child will produce more, in a single + day, by working twelve hours than by working ten hours, and by working + fifteen hours than by working twelve hours. But I do deny that a great + society in which children work fifteen, or even twelve hours a day will, + in the lifetime of a generation, produce as much as if those children had + worked less. If we consider man merely in a commercial point of view, if + we consider him merely as a machine for the production of worsted and + calico, let us not forget what a piece of mechanism he is, how fearfully + and wonderfully made. We do not treat a fine horse or a sagacious dog + exactly as we treat a spinning jenny. Nor will any slaveholder, who has + sense enough to know his own interest, treat his human chattels exactly as + he treats his horses and his dogs. And would you treat the free labourer + of England like a mere wheel or pulley? Rely on it that intense labour, + beginning too early in life, continued too long every day, stunting the + growth of the body, stunting the growth of the mind, leaving no time for + healthful exercise, leaving no time for intellectual culture, must impair + all those high qualities which have made our country great. Your + overworked boys will become a feeble and ignoble race of men, the parents + of a more feeble and more ignoble progeny; nor will it be long before the + deterioration of the labourer will injuriously affect those very interests + to which his physical and moral energies have been sacrificed. On the + other hand, a day of rest recurring in every week, two or three hours of + leisure, exercise, innocent amusement or useful study, recurring every + day, must improve the whole man, physically, morally, intellectually; and + the improvement of the man will improve all that the man produces. Why is + it, Sir, that the Hindoo cotton manufacturer, close to whose door the + cotton grows, cannot, in the bazaar of his own town, maintain a + competition with the English cotton manufacturer, who has to send + thousands of miles for the raw material, and who has then to send the + wrought material thousands of miles to market? You will say that it is + owing to the excellence of our machinery. And to what is the excellence of + our machinery owing? How many of the improvements which have been made in + our machinery do we owe to the ingenuity and patient thought of working + men? Adam Smith tells us in the first chapter of his great work, that you + can hardly go to a factory without seeing some very pretty machine,—that + is his expression,—devised by some labouring man. Hargraves, the + inventor of the spinning jenny, was a common artisan. Crompton, the + inventor of the mule jenny, was a working man. How many hours of the + labour of children would do so much for our manufactures as one of these + improvements has done? And in what sort of society are such improvements + most likely to be made? Surely in a society in which the faculties of the + working people are developed by education. How long will you wait before + any negro, working under the lash in Louisiana, will contrive a better + machinery for squeezing the sugar canes? My honourable friend seems to me, + in all his reasonings about the commercial prosperity of nations, to + overlook entirely the chief cause on which that prosperity depends. What + is it, Sir, that makes the great difference between country and country? + Not the exuberance of soil; not the mildness of climate; not mines, nor + havens, nor rivers. These things are indeed valuable when put to their + proper use by human intelligence: but human intelligence can do much + without them; and they without human intelligence can do nothing. They + exist in the highest degree in regions of which the inhabitants are few, + and squalid, and barbarous, and naked, and starving; while on sterile + rocks, amidst unwholesome marshes, and under inclement skies, may be found + immense populations, well fed, well lodged, well clad, well governed. + Nature meant Egypt and Sicily to be the gardens of the world. They once + were so. Is it anything in the earth or in the air that makes Scotland + more prosperous than Egypt, that makes Holland more prosperous than + Sicily? No; it was the Scotchman that made Scotland; it was the Dutchman + that made Holland. Look at North America. Two centuries ago the sites on + which now arise mills, and hotels, and banks, and colleges, and churches, + and the Senate Houses of flourishing commonwealths, were deserts abandoned + to the panther and the bear. What has made the change? Was it the rich + mould, or the redundant rivers? No: the prairies were as fertile, the Ohio + and the Hudson were as broad and as full then as now. Was the improvement + the effect of some great transfer of capital from the old world to the + new? No, the emigrants generally carried out with them no more than a + pittance; but they carried out the English heart, and head, and arm; and + the English heart and head and arm turned the wilderness into cornfield + and orchard, and the huge trees of the primeval forest into cities and + fleets. Man, man is the great instrument that produces wealth. The natural + difference between Campania and Spitzbergen is trifling, when compared + with the difference between a country inhabited by men full of bodily and + mental vigour, and a country inhabited by men sunk in bodily and mental + decrepitude. Therefore it is that we are not poorer but richer, because we + have, through many ages, rested from our labour one day in seven. That day + is not lost. While industry is suspended, while the plough lies in the + furrow, while the Exchange is silent, while no smoke ascends from the + factory, a process is going on quite as important to the wealth of nations + as any process which is performed on more busy days. Man, the machine of + machines, the machine compared with which all the contrivances of the + Watts and the Arkwrights are worthless, is repairing and winding up, so + that he returns to his labours on the Monday with clearer intellect, with + livelier spirits, with renewed corporal vigour. Never will I believe that + what makes a population stronger, and healthier, and wiser, and better, + can ultimately make it poorer. You try to frighten us by telling us, that + in some German factories, the young work seventeen hours in the + twenty-four, that they work so hard that among thousands there is not one + who grows to such a stature that he can be admitted into the army; and you + ask whether, if we pass this bill, we can possibly hold our own against + such competition as this? Sir, I laugh at the thought of such competition. + If ever we are forced to yield the foremost place among commercial + nations, we shall yield it, not to a race of degenerate dwarfs, but to + some people pre-eminently vigorous in body and in mind. + </p> + <p> + For these reasons, Sir, I approve of the principle of this bill, and + shall, without hesitation, vote for the second reading. To what extent we + ought to reduce the hours of labour is a question of more difficulty. I + think that we are in the situation of a physician who has satisfied + himself that there is a disease, and that there is a specific medicine for + the disease, but who is not certain what quantity of that medicine the + patient's constitution will bear. Such a physician would probably + administer his remedy by small doses, and carefully watch its operation. I + cannot help thinking that, by at once reducing the hours of labour from + twelve to ten, we should hazard too much. The change is great, and ought + to be cautiously and gradually made. Suppose that there should be an + immediate fall of wages, which is not impossible. Might there not be a + violent reaction? Might not the public take up a notion that our + legislation had been erroneous in principle, though, in truth, our error + would have been an error, not of principle, but merely of degree? Might + not Parliament be induced to retrace its steps? Might we not find it + difficult to maintain even the present limitation? The wisest course + would, in my opinion, be to reduce the hours of labour from twelve to + eleven, to observe the effect of that experiment, and if, as I hope and + believe, the result should be satisfactory, then to make a further + reduction from eleven to ten. This is a question, however, which will be + with more advantage considered when we are in Committee. + </p> + <p> + One word, Sir, before I sit down, in answer to my noble friend near me. + (Lord Morpeth.) He seems to think that this bill is ill timed. I own that + I cannot agree with him. We carried up on Monday last to the bar of the + Lords a bill which will remove the most hateful and pernicious restriction + that ever was laid on trade. Nothing can be more proper than to apply, in + the same week, a remedy to a great evil of a directly opposite kind. As + lawgivers, we have two great faults to confess and to repair. We have done + that which we ought not to have done. We have left undone that which we + ought to have done. We have regulated that which we should have left to + regulate itself. We have left unregulated that which we were bound to + regulate. We have given to some branches of industry a protection which + has proved their bane. We have withheld from public health and public + morals the protection which was their due. We have prevented the labourer + from buying his loaf where he could get it cheapest; but we have not + prevented him from ruining his body and mind by premature and immoderate + toil. I hope that we have seen the last both of a vicious system of + interference and of a vicious system of non-interference, and that our + poorer countrymen will no longer have reason to attribute their sufferings + either to our meddling or to our neglect. + </p> + <hr /> + <p> + <a name="link2H_4_0030" id="link2H_4_0030"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + THE LITERATURE OF BRITAIN. (NOVEMBER 4, 1846) A SPEECH DELIVERED AT THE + OPENING OF THE EDINBURGH PHILOSOPHICAL INSTITUTION ON THE 4TH OF NOVEMBER + 1846. + </h2> + <p> + I thank you, Gentlemen, for this cordial reception. I have thought it + right to steal a short time from duties not unimportant for the purpose of + lending my aid to a an undertaking calculated, as I think, to raise the + credit and to promote the best interests of the city which has so many + claims on my gratitude. + </p> + <p> + The Directors of our Institution have requested me to propose to you as a + toast the Literature of Britain. They could not have assigned to me a more + agreeable duty. They chief object of this Institution is, I conceive, to + impart knowledge through the medium of our own language. Edinburgh is + already rich in libraries worthy of her fame as a seat of literature and a + seat of jurisprudence. A man of letters can here without difficulty obtain + access to repositories filled with the wisdom of many ages and of many + nations. But something was still wanting. We still wanted a library open + to that large, that important, that respectable class which, though by no + means destitute of liberal curiosity or of sensibility to literary + pleasures, is yet forced to be content with what is written in our own + tongue. For that class especially, I do not say exclusively, this library + is intended. Our directors, I hope, will not be satisfied, I, as a member, + shall certainly not be satisfied, till we possess a noble and complete + collection of English books, till it is impossible to seek in vain on our + shelves for a single English book which is valuable either on account of + matter or on account of manner, which throws any light on our civil, + ecclesiastical, intellectual, or social history, which, in short, can + afford either useful instruction or harmless amusement. + </p> + <p> + From such a collection, placed within the reach of that large and valuable + class which I have mentioned, I am disposed to expect great good. And when + I say this, I do not take into the account those rare cases to which my + valued friend, the Lord Provost (Mr Adam Black.), so happily alluded. It + is indeed not impossible that some man of genius who may enrich our + literature with imperishable eloquence or song, or who may extend the + empire of our race over matter, may feel in our reading room, for the + first time the consciousness of powers yet undeveloped. It is not + impossible that our volumes may suggest the first thought of something + great to some future Burns, or Watt, or Arkwright. But I do not speak of + these extraordinary cases. What I confidently anticipate is that, through + the whole of that class whose benefit we have peculiarly in view, there + will be a moral and an intellectual improvement; that many hours, which + might otherwise be wasted in folly or in vice, will be employed in + pursuits which, while they afford the highest and most lasting pleasure, + are not only harmless, but purifying and elevating. My own experience, my + own observation, justifies me in entertaining this hope. I have had + opportunities, both in this and in other countries, of forming some + estimate of the effect which is likely to be produced by a good collection + of books on a society of young men. There is, I will venture to say, no + judicious commanding officer of a regiment who will not tell you that the + vicinity of a valuable library will improve perceptibly the whole + character of a mess. I well knew one eminent military servant of the East + India Company, a man of great and various accomplishments, a man + honourably distinguished both in war and in diplomacy, a man who enjoyed + the confidence of some of the greatest generals and statesmen of our time. + When I asked him how, having left his country while still a boy, and + having passed his youth at military stations in India, he had been able to + educate himself, his answer was, that he had been stationed in the + neighbourhood of an excellent library, that he had been allowed free + access to the books, and that they had, at the most critical time of his + life, decided his character, and saved him from being a mere smoking, + card-playing, punch-drinking lounger. + </p> + <p> + Some of the objections which have been made to such institutions as ours + have been so happily and completely refuted by my friend the Lord Provost, + and by the Most Reverend Prelate who has honoured us with his presence + this evening (Archbishop Whateley.), that it would be idle to say again + what has been so well said. There is, however, one objection which, with + your permission, I will notice. Some men, of whom I wish to speak with + great respect, are haunted, as it seems to me, with an unreasonable fear + of what they call superficial knowledge. Knowledge, they say, which really + deserves the name, is a great blessing to mankind, the ally of virtue, the + harbinger of freedom. But such knowledge must be profound. A crowd of + people who have a smattering of mathematics, a smattering of astronomy, a + smattering of chemistry, who have read a little poetry and a little + history, is dangerous to the commonwealth. Such half-knowledge is worse + than ignorance. And then the authority of Pope is vouched. Drink deep or + taste not; shallow draughts intoxicate: drink largely; and that will sober + you. I must confess that the danger which alarms these gentlemen never + seemed to me very serious: and my reason is this; that I never could + prevail on any person who pronounced superficial knowledge a curse, and + profound knowledge a blessing, to tell me what was his standard of + profundity. The argument proceeds on the supposition that there is some + line between profound and superficial knowledge similar to that which + separates truth from falsehood. I know of no such line. When we talk of + men of deep science, do we mean that they have got to the bottom or near + the bottom of science? Do we mean that they know all that is capable of + being known? Do we mean even that they know, in their own especial + department, all that the smatterers of the next generation will know? Why, + if we compare the little truth that we know with the infinite mass of + truth which we do not know, we are all shallow together; and the greatest + philosophers that ever lived would be the first to confess their + shallowness. If we could call up the first of human beings, if we could + call up Newton, and ask him whether, even in those sciences in which he + had no rival, he considered himself as profoundly knowing, he would have + told us that he was but a smatterer like ourselves, and that the + difference between his knowledge and ours vanished, when compared with the + quantity of truth still undiscovered, just as the distance between a + person at the foot of Ben Lomond and at the top of Ben Lomond vanishes + when compared with the distance of the fixed stars. + </p> + <p> + It is evident then that those who are afraid of superficial knowledge do + not mean by superficial knowledge knowledge which is superficial when + compared with the whole quantity of truth capable of being known. For, in + that sense, all human knowledge is, and always has been, and always must + be, superficial. What then is the standard? Is it the same two years + together in any country? Is it the same, at the same moment, in any two + countries? Is it not notorious that the profundity of one age is the + shallowness of the next; that the profundity of one nation is the + shallowness of a neighbouring nation? Ramohun Roy passed, among Hindoos, + for a man of profound Western learning; but he would have been but a very + superficial member of this Institute. Strabo was justly entitled to be + called a profound geographer eighteen hundred years ago. But a teacher of + geography, who had never heard of America, would now be laughed at by the + girls of a boarding-school. What would now be thought of the greatest + chemist of 1746, or of the greatest geologist of 1746? The truth is that, + in all experimental science, mankind is, of necessity, constantly + advancing. Every generation, of course, has its front rank and its rear + rank; but the rear rank of a later generation occupies the ground which + was occupied by the front rank of a former generation. + </p> + <p> + You remember Gulliver's adventures. First he is shipwrecked in a country + of little men; and he is a Colossus among them. He strides over the walls + of their capital: he stands higher than the cupola of their great temple: + he tugs after him a royal fleet: he stretches his legs; and a royal army, + with drums beating and colours flying, marches through the gigantic arch: + he devours a whole granary for breakfast, eats a herd of cattle for + dinner, and washes down his meal with all the hogsheads of a cellar. In + his next voyage he is among men sixty feet high. He who, in Lilliput, used + to take people up in his hand in order that he might be able to hear them, + is himself taken up in the hands and held to the ears of his masters. It + is all that he can do to defend himself with his hanger against the rats + and mice. The court ladies amuse themselves with seeing him fight wasps + and frogs: the monkey runs off with him to the chimney top: the dwarf + drops him into the cream jug and leaves him to swim for his life. Now, was + Gulliver a tall or a short man? Why, in his own house at Rotherhithe, he + was thought a man of the ordinary stature. Take him to Lilliput; and he is + Quinbus Flestrin, the Man Mountain. Take him to Brobdingnag, and he is + Grildrig, the little Manikin. It is the same in science. The pygmies of + one society would have passed for giants in another. + </p> + <p> + It might be amusing to institute a comparison between one of the + profoundly learned men of the thirteenth century and one of the + superficial students who will frequent our library. Take the great + philosopher of the time of Henry the Third of England, or Alexander the + Third of Scotland, the man renowned all over the island, and even as far + as Italy and Spain, as the first of astronomers and chemists. What is his + astronomy? He is a firm believer in the Ptolemaic system. He never heard + of the law of gravitation. Tell him that the succession of day and night + is caused by the turning of the earth on its axis. Tell him that, in + consequence of this motion, the polar diameter of the earth is shorter + than the equatorial diameter. Tell him that the succession of summer and + winter is caused by the revolution of the earth round the sun. If he does + not set you down for an idiot, he lays an information against you before + the Bishop, and has you burned for a heretic. To do him justice, however, + if he is ill informed on these points, there are other points on which + Newton and Laplace were mere children when compared with him. He can cast + your nativity. He knows what will happen when Saturn is in the House of + Life, and what will happen when Mars is in conjunction with the Dragon's + Tail. He can read in the stars whether an expedition will be successful, + whether the next harvest will be plentiful, which of your children will be + fortunate in marriage, and which will be lost at sea. Happy the State, + happy the family, which is guided by the counsels of so profound a man! + And what but mischief, public and private, can we expect from the temerity + and conceit of scolists who know no more about the heavenly bodies than + what they have learned from Sir John Herschel's beautiful little volume. + But, to speak seriously, is not a little truth better than a great deal of + falsehood? Is not the man who, in the evenings of a fortnight, has + acquired a correct notion of the solar system, a more profound astronomer + than a man who has passed thirty years in reading lectures about the + primum mobile, and in drawing schemes of horoscopes? + </p> + <p> + Or take chemistry. Our philosopher of the thirteenth century shall be, if + you please, an universal genius, chemist as well as astronomer. He has + perhaps got so far as to know, that if he mixes charcoal and saltpetre in + certain proportions and then applies fire, there will be an explosion + which will shatter all his retorts and aludels; and he is proud of knowing + what will in a later age be familiar to all the idle boys in the kingdom. + But there are departments of science in which he need not fear the rivalry + of Black, or Lavoisier, or Cavendish, or Davy. He is in hot pursuit of the + philosopher's stone, of the stone that is to bestow wealth, and health, + and longevity. He has a long array of strangely shaped vessels, filled + with red oil and white oil, constantly boiling. The moment of projection + is at hand; and soon all his kettles and gridirons will be turned into + pure gold. Poor Professor Faraday can do nothing of the sort. I should + deceive you if I held out to you the smallest hope that he will ever turn + your halfpence into sovereigns. But if you can induce him to give at our + Institute a course of lectures such as I once heard him give at the Royal + Institution to children in the Christmas holidays, I can promise you that + you will know more about the effects produced on bodies by heat and + moisture than was known to some alchemists who, in the middle ages, were + thought worthy of the patronage of kings. + </p> + <p> + As it has been in science so it has been in literature. Compare the + literary acquirements of the great men of the thirteenth century with + those which will be within the reach of many who will frequent our reading + room. As to Greek learning, the profound man of the thirteenth century was + absolutely on a par with the superficial man of the nineteenth. In the + modern languages, there was not, six hundred years ago, a single volume + which is now read. The library of our profound scholar must have consisted + entirely of Latin books. We will suppose him to have had both a large and + a choice collection. We will allow him thirty, nay forty manuscripts, and + among them a Virgil, a Terence, a Lucan, an Ovid, a Statius, a great deal + of Livy, a great deal of Cicero. In allowing him all this, we are dealing + most liberally with him; for it is much more likely that his shelves were + filled with treaties on school divinity and canon law, composed by writers + whose names the world has very wisely forgotten. But, even if we suppose + him to have possessed all that is most valuable in the literature of Rome, + I say with perfect confidence that, both in respect of intellectual + improvement, and in respect of intellectual pleasures, he was far less + favourably situated than a man who now, knowing only the English language, + has a bookcase filled with the best English works. Our great man of the + Middle Ages could not form any conception of any tragedy approaching + Macbeth or Lear, or of any comedy equal to Henry the Fourth or Twelfth + Night. The best epic poem that he had read was far inferior to the + Paradise Lost; and all the tomes of his philosophers were not worth a page + of the Novum Organum. + </p> + <p> + The Novum Organum, it is true, persons who know only English must read in + a translation: and this reminds me of one great advantage which such + persons will derive from our Institution. They will, in our library, be + able to form some acquaintance with the master minds of remote ages and + foreign countries. A large part of what is best worth knowing in ancient + literature, and in the literature of France, Italy, Germany, and Spain, + has been translated into our own tongue. It is scarcely possible that the + translation of any book of the highest class can be equal to the original. + But, though the finer touches may be lost in the copy, the great outlines + will remain. An Englishman who never saw the frescoes in the Vatican may + yet, from engravings, form some notion of the exquisite grace of Raphael, + and of the sublimity and energy of Michael Angelo. And so the genius of + Homer is seen in the poorest version of the Iliad; the genius of Cervantes + is seen in the poorest version of Don Quixote. Let it not be supposed that + I wish to dissuade any person from studying either the ancient languages + or the languages of modern Europe. Far from it. I prize most highly those + keys of knowledge; and I think that no man who has leisure for study ought + to be content until he possesses several of them. I always much admired a + saying of the Emperor Charles the Fifth. "When I learn a new language," he + said, "I feel as if I had got a new soul." But I would console those who + have not time to make themselves linguists by assuring them that, by means + of their own mother tongue, they may obtain ready access to vast + intellectual treasures, to treasures such as might have been envied by the + greatest linguists of the age of Charles the Fifth, to treasures + surpassing those which were possessed by Aldus, by Erasmus, and by + Melancthon. + </p> + <p> + And thus I am brought back to the point from which I started. I have been + requested to invite you to fill your glasses to the Literature of Britain; + to that literature, the brightest, the purest, the most durable of all the + glories of our country; to that literature, so rich in precious truth and + precious fiction; to that literature which boasts of the prince of all + poets and of the prince of all philosophers; to that literature which has + exercised an influence wider than that of our commerce, and mightier than + that of our arms; to that literature which has taught France the + principles of liberty, and has furnished Germany with models of art; to + that literature which forms a tie closer than the tie of consanguinity + between us and the commonwealths of the valley of the Mississippi; to that + literature before the light of which impious and cruel superstitions are + fast taking flight on the banks of the Ganges; to that literature which + will, in future ages, instruct and delight the unborn millions who will + have turned the Australasian and Caffrarian deserts into cities and + gardens. To the Literature of Britain, then! And, wherever British + literature spreads, may it be attended by British virtue and by British + freedom! + </p> + <hr /> + <p> + <a name="link2H_4_0031" id="link2H_4_0031"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EDUCATION. (APRIL 19, 1847) A SPEECH DELIVERED IN THE HOUSE OF COMMONS ON + THE 18TH OF APRIL 1847. + </h2> + <p> + In the year 1847 the Government asked from the House of Commons a grant of + one hundred thousand pounds for the education of the people. On the + nineteenth of April, Lord John Russell, having explained the reasons for + this application, moved the order of the day for a Committee of Supply. Mr + Thomas Duncombe, Member for Finsbury, moved the following amendment: "That + previous to any grant of public money being assented to by this House, for + the purpose of carrying out the scheme of national education, as developed + in the Minutes of the Committee of Council on Education in August and + December last, which minutes have been presented to both Houses of + Parliament by command of Her Majesty, a select Committee be appointed to + inquire into the justice and expediency of such a scheme, and its probable + annual cost; also to inquire whether the regulations attached thereto do + not unduly increase the influence of the Crown, invade the constitutional + functions of Parliament, and interfere with the religious convictions and + civil rights of Her Majesty's subjects." + </p> + <p> + In opposition to this amendment, the following Speech was made. After a + debate of three nights, Mr Thomas Duncombe obtained permission to withdraw + the latter part of his amendment. The first part was put, and negatived by + 372 votes to 47. + </p> + <p> + You will not wonder, Sir, that I am desirous to catch your eye this + evening. The first duty which I performed, as a Member of the Committee of + Council which is charged with the superintendence of public instruction, + was to give my hearty assent to the plan which the honourable Member for + Finsbury calls on the House to condemn. I am one of those who have been + accused in every part of the kingdom, and who are now accused in + Parliament, of aiming, under specious pretences, a blow at the civil and + religious liberties of the people. It is natural therefore that I should + seize the earliest opportunity of vindicating myself from so grave a + charge. + </p> + <p> + The honourable Member for Finsbury must excuse me if, in the remarks which + I have to offer to the House, I should not follow very closely the order + of his speech. The truth is that a mere answer to his speech would be no + defence of myself or of my colleagues. I am surprised, I own, that a man + of his acuteness and ability should, on such an occasion, have made such a + speech. The country is excited from one end to the other by a great + question of principle. On that question the Government has taken one side. + The honourable Member stands forth as the chosen and trusted champion of a + great party which takes the other side. We expected to hear from him a + full exposition of the views of those in whose name he speaks. But, to our + astonishment, he has scarcely even alluded to the controversy which has + divided the whole nation. He has entertained us with sarcasms and personal + anecdotes: he has talked much about matters of mere detail: but I must say + that, after listening with close attention to all that he has said, I am + quite unable to discover whether, on the only important point which is in + issue, he agrees with us or with that large and active body of + Nonconformists which is diametrically opposed to us. He has sate down + without dropping one word from which it is possible to discover whether he + thinks that education is or that it is not a matter with which the State + ought to interfere. Yet that is the question about which the whole nation + has, during several weeks, been writing, reading, speaking, hearing, + thinking, petitioning, and on which it is now the duty of Parliament to + pronounce a decision. That question once settled, there will be, I + believe, very little room for dispute. If it be not competent to the State + to interfere with the education of the people, the mode of interference + recommended by the Committee of Council must of course be condemned. If it + be the right and the duty of the State to make provision for the education + of the people, the objections made to our plan will, in a very few words, + be shown to be frivolous. + </p> + <p> + I shall take a course very different from that which has been taken by the + honourable gentleman. I shall in the clearest manner profess my opinion on + that great question of principle which he has studiously evaded; and for + my opinion I shall give what seem to me to be unanswerable reasons. + </p> + <p> + I believe, Sir, that it is the right and the duty of the State to provide + means of education for the common people. This proposition seems to me to + be implied in every definition that has ever yet been given of the + functions of a government. About the extent of those functions there has + been much difference of opinion among ingenious men. There are some who + hold that it is the business of a government to meddle with every part of + the system of human life, to regulate trade by bounties and prohibitions, + to regulate expenditure by sumptuary laws, to regulate literature by a + censorship, to regulate religion by an inquisition. Others go to the + opposite extreme, and assign to government a very narrow sphere of action. + But the very narrowest sphere that ever was assigned to governments by any + school of political philosophy is quite wide enough for my purpose. On one + point all the disputants are agreed. They unanimously acknowledge that it + is the duty of every government to take order for giving security to the + persons and property of the members of the community. + </p> + <p> + This being admitted, can it be denied that the education of the common + people is a most effectual means of securing our persons and our property? + Let Adam Smith answer that question for me. His authority, always high, + is, on this subject, entitled to peculiar respect, because he extremely + disliked busy, prying, interfering governments. He was for leaving + literature, arts, sciences, to take care of themselves. He was not + friendly to ecclesiastical establishments. He was of opinion, that the + State ought not to meddle with the education of the rich. But he has + expressly told us that a distinction is to be made, particularly in a + commercial and highly civilised society, between the education of the rich + and the education of the poor. The education of the poor, he says, is a + matter which deeply concerns the commonwealth. Just as the magistrate + ought to interfere for the purpose of preventing the leprosy from + spreading among the people, he ought to interfere for the purpose of + stopping the progress of the moral distempers which are inseparable from + ignorance. Nor can this duty be neglected without danger to the public + peace. If you leave the multitude uninstructed, there is serious risk that + religious animosities may produce the most dreadful disorders. The most + dreadful disorders! Those are Adam Smith's own words; and prophetic words + they were. Scarcely had he given this warning to our rulers when his + prediction was fulfilled in a manner never to be forgotten. I speak of the + No Popery riots of 1780. I do not know that I could find in all history a + stronger proof of the proposition, that the ignorance of the common people + makes the property, the limbs, the lives of all classes insecure. Without + the shadow of a grievance, at the summons of a madman, a hundred thousand + people rise in insurrection. During a whole week, there is anarchy in the + greatest and wealthiest of European cities. The parliament is besieged. + Your predecessor sits trembling in his chair, and expects every moment to + see the door beaten in by the ruffians whose roar he hears all round the + house. The peers are pulled out of their coaches. The bishops in their + lawn are forced to fly over the tiles. The chapels of foreign ambassadors, + buildings made sacred by the law of nations, are destroyed. The house of + the Chief Justice is demolished. The little children of the Prime Minister + are taken out of their beds and laid in their night clothes on the table + of the Horse Guards, the only safe asylum from the fury of the rabble. The + prisons are opened. Highwaymen, housebreakers, murderers, come forth to + swell the mob by which they have been set free. Thirty-six fires are + blazing at once in London. Then comes the retribution. Count up all the + wretches who were shot, who were hanged, who were crushed, who drank + themselves to death at the rivers of gin which ran down Holborn Hill; and + you will find that battles have been lost and won with a smaller sacrifice + of life. And what was the cause of this calamity, a calamity which, in the + history of London, ranks with the great plague and the great fire? The + cause was the ignorance of a population which had been suffered, in the + neighbourhood of palaces, theatres, temples, to grow up as rude and stupid + as any tribe of tattooed cannibals in New Zealand, I might say as any + drove of beasts in Smithfield Market. + </p> + <p> + The instance is striking: but it is not solitary. To the same cause are to + be ascribed the riots of Nottingham, the sack of Bristol, all the outrages + of Ludd, and Swing, and Rebecca, beautiful and costly machinery broken to + pieces in Yorkshire, barns and haystacks blazing in Kent, fences and + buildings pulled down in Wales. Could such things have been done in a + country in which the mind of the labourer had been opened by education, in + which he had been taught to find pleasure in the exercise of his + intellect, taught to revere his Maker, taught to respect legitimate + authority, and taught at the same time to seek the redress of real wrongs + by peaceful and constitutional means? + </p> + <p> + This then is my argument. It is the duty of Government to protect our + persons and property from danger. The gross ignorance of the common people + is a principal cause of danger to our persons and property. Therefore, it + is the duty of Government to take care that the common people shall not be + grossly ignorant. + </p> + <p> + And what is the alternative? It is universally allowed that, by some + means, Government must protect our persons and property. If you take away + education, what means do you leave? You leave means such as only necessity + can justify, means which inflict a fearful amount of pain, not only on the + guilty, but on the innocent who are connected with the guilty. You leave + guns and bayonets, stocks and whipping-posts, treadmills, solitary cells, + penal colonies, gibbets. See then how the case stands. Here is an end + which, as we all agree, governments are bound to attain. There are only + two ways of attaining it. One of those ways is by making men better, and + wiser, and happier. The other way is by making them infamous and + miserable. Can it be doubted which way we ought to prefer? Is it not + strange, is it not almost incredible, that pious and benevolent men should + gravely propound the doctrine that the magistrate is bound to punish and + at the same time bound not to teach? To me it seems quite clear that + whoever has a right to hang has a right to educate. Can we think without + shame and remorse that more than half of those wretches who have been tied + up at Newgate in our time might have been living happily, that more than + half of those who are now in our gaols might have been enjoying liberty + and using that liberty well, that such a hell on earth as Norfolk Island, + need never have existed, if we had expended in training honest men but a + small part of what we have expended in hunting and torturing rogues. + </p> + <p> + I would earnestly entreat every gentleman to look at a report which is + contained in the Appendix to the First Volume of the Minutes of the + Committee of Council. I speak of the report made by Mr Seymour Tremenheare + on the state of that part of Monmouthshire which is inhabited by a + population chiefly employed in mining. He found that, in this district, + towards the close of 1839, out of eleven thousand children who were of an + age to attend school, eight thousand never went to any school at all, and + that most of the remaining three thousand might almost as well have gone + to no school as to the squalid hovels in which men who ought themselves to + have been learners pretended to teach. In general these men had only one + qualification for their employment; and that was their utter unfitness for + every other employment. They were disabled miners, or broken hucksters. In + their schools all was stench, and noise, and confusion. Now and then the + clamour of the boys was silenced for two minutes by the furious menaces of + the master; but it soon broke out again. The instruction given was of the + lowest kind. Not one school in ten was provided with a single map. This is + the way in which you suffered the minds of a great population to be + formed. And now for the effects of your negligence. The barbarian + inhabitants of this region rise in an insane rebellion against the + Government. They come pouring down their valleys to Newport. They fire on + the Queen's troops. They wound a magistrate. The soldiers fire in return; + and too many of these wretched men pay with their lives the penalty of + their crime. But is the crime theirs alone? Is it strange that they should + listen to the only teaching that they had? How can you, who took no pains + to instruct them, blame them for giving ear to the demagogue who took + pains to delude them? We put them down, of course. We punished them. We + had no choice. Order must be maintained; property must be protected; and, + since we had omitted to take the best way of keeping these people quiet, + we were under the necessity of keeping them quiet by the dread of the + sword and the halter. But could any necessity be more cruel? And which of + us would run the risk of being placed under such necessity a second time? + </p> + <p> + I say, therefore, that the education of the people is not only a means, + but the best means, of attaining that which all allow to be a chief end of + government; and, if this be so, it passes my faculties to understand how + any man can gravely contend that Government has nothing to do with the + education of the people. + </p> + <p> + My confidence in my opinion is strengthened when I recollect that I hold + that opinion in common with all the greatest lawgivers, statesmen, and + political philosophers of all nations and ages, with all the most + illustrious champions of civil and spiritual freedom, and especially with + those men whose names were once held in the highest veneration by the + Protestant Dissenters of England. I might cite many of the most venerable + names of the old world; but I would rather cite the example of that + country which the supporters of the Voluntary system here are always + recommending to us as a pattern. Go back to the days when the little + society which has expanded into the opulent and enlightened commonwealth + of Massachusetts began to exist. Our modern Dissenters will scarcely, I + think, venture to speak contumeliously of those Puritans whose spirit Laud + and his High Commission Court could not subdue, of those Puritans who were + willing to leave home and kindred, and all the comforts and refinements of + civilised life, to cross the ocean, to fix their abode in forests among + wild beasts and wild men, rather than commit the sin of performing, in the + House of God, one gesture which they believed to be displeasing to Him. + Did those brave exiles think it inconsistent with civil or religious + freedom that the State should take charge of the education of the people? + No, Sir; one of the earliest laws enacted by the Puritan colonists was + that every township, as soon as the Lord had increased it to the number of + fifty houses, should appoint one to teach all children to write and read, + and that every township of a hundred houses should set up a grammar + school. Nor have the descendants of those who made this law ever ceased to + hold that the public authorities were bound to provide the means of public + instruction. Nor is this doctrine confined to New England. "Educate the + people" was the first admonition addressed by Penn to the colony which he + founded. "Educate the people" was the legacy of Washington to the nation + which he had saved. "Educate the people" was the unceasing exhortation of + Jefferson; and I quote Jefferson with peculiar pleasure, because of all + the eminent men that have ever lived, Adam Smith himself not excepted, + Jefferson was the one who most abhorred everything like meddling on the + part of governments. Yet the chief business of his later years was to + establish a good system of State education in Virginia. + </p> + <p> + And, against such authority as this, what have you who take the other side + to show? Can you mention a single great philosopher, a single man + distinguished by his zeal for liberty, humanity, and truth, who, from the + beginning of the world down to the time of this present Parliament, ever + held your doctrines? You can oppose to the unanimous voice of all the wise + and good, of all ages, and of both hemispheres, nothing but a clamour + which was first heard a few months ago, a clamour in which you cannot join + without condemning, not only all whose memory you profess to hold in + reverence, but even your former selves. + </p> + <p> + This new theory of politics has at least the merit of originality. It may + be fairly stated thus. All men have hitherto been utterly in the wrong as + to the nature and objects of civil government. The great truth, hidden + from every preceding generation, and at length revealed, in the year 1846, + to some highly respectable ministers and elders of dissenting + congregations, is this. Government is simply a great hangman. Government + ought to do nothing except by harsh and degrading means. The one business + of Government is to handcuff, and lock up, and scourge, and shoot, and + stab, and strangle. It is odious tyranny in a government to attempt to + prevent crime by informing the understanding and elevating the moral + feeling of a people. A statesman may see hamlets turned, in the course of + one generation, into great seaport towns and manufacturing towns. He may + know that on the character of the vast population which is collected in + those wonderful towns, depends the prosperity, the peace, the very + existence of society. But he must not think of forming that character. He + is an enemy of public liberty if he attempts to prevent those hundreds of + thousands of his countrymen from becoming mere Yahoos. He may, indeed, + build barrack after barrack to overawe them. If they break out into + insurrection, he may send cavalry to sabre them: he may mow them down with + grape shot: he may hang them, draw them, quarter them, anything but teach + them. He may see, and may shudder as he sees, throughout large rural + districts, millions of infants growing up from infancy to manhood as + ignorant, as mere slaves of sensual appetite, as the beasts that perish. + No matter. He is a traitor to the cause of civil and religious freedom if + he does not look on with folded arms, while absurd hopes and evil passions + ripen in that rank soil. He must wait for the day of his harvest. He must + wait till the Jaquerie comes, till farm houses are burning, till threshing + machines are broken in pieces; and then begins his business, which is + simply to send one poor ignorant savage to the county gaol, and another to + the antipodes, and a third to the gallows. + </p> + <p> + Such, Sir, is the new theory of government which was first propounded, in + the year 1846, by some men of high note among the Nonconformists of + England. It is difficult to understand how men of excellent abilities and + excellent intentions—and there are, I readily admit, such men among + those who hold this theory—can have fallen into so absurd and + pernicious an error. One explanation only occurs to me. This is, I am + inclined to believe, an instance of the operation of the great law of + reaction. We have just come victorious out of a long and fierce contest + for the liberty of trade. While that contest was undecided, much was said + and written about the advantages of free competition, and about the danger + of suffering the State to regulate matters which should be left to + individuals. There has consequently arisen in the minds of persons who are + led by words, and who are little in the habit of making distinctions, a + disposition to apply to political questions and moral questions principles + which are sound only when applied to commercial questions. These people, + not content with having forced the Government to surrender a province + wrongfully usurped, now wish to wrest from the Government a domain held by + a right which was never before questioned, and which cannot be questioned + with the smallest show of reason. "If," they say, "free competition is a + good thing in trade, it must surely be a good thing in education. The + supply of other commodities, of sugar, for example, is left to adjust + itself to the demand; and the consequence is, that we are better supplied + with sugar than if the Government undertook to supply us. Why then should + we doubt that the supply of instruction will, without the intervention of + the Government, be found equal to the demand?" + </p> + <p> + Never was there a more false analogy. Whether a man is well supplied with + sugar is a matter which concerns himself alone. But whether he is well + supplied with instruction is a matter which concerns his neighbours and + the State. If he cannot afford to pay for sugar, he must go without sugar. + But it is by no means fit that, because he cannot afford to pay for + education, he should go without education. Between the rich and their + instructors there may, as Adam Smith says, be free trade. The supply of + music masters and Italian masters may be left to adjust itself to the + demand. But what is to become of the millions who are too poor to procure + without assistance the services of a decent schoolmaster? We have indeed + heard it said that even these millions will be supplied with teachers by + the free competition of benevolent individuals who will vie with each + other in rendering this service to mankind. No doubt there are many + benevolent individuals who spend their time and money most laudably in + setting up and supporting schools; and you may say, if you please, that + there is, among these respectable persons, a competition to do good. But + do not be imposed upon by words. Do not believe that this competition + resembles the competition which is produced by the desire of wealth and by + the fear of ruin. There is a great difference, be assured, between the + rivalry of philanthropists and the rivalry of grocers. The grocer knows + that, if his wares are worse than those of other grocers, he shall soon go + before the Bankrupt Court, and his wife and children will have no refuge + but the workhouse: he knows that, if his shop obtains an honourable + celebrity, he shall be able to set up a carriage and buy a villa: and this + knowledge impels him to exertions compared with which the exertions of + even very charitable people to serve the poor are but languid. It would be + strange infatuation indeed to legislate on the supposition that a man + cares for his fellow creatures as much as he cares for himself. + </p> + <p> + Unless, Sir, I greatly deceive myself, those arguments, which show that + the Government ought not to leave to private people the task of providing + for the national defence, will equally show that the Government ought not + to leave to private people the task of providing for national education. + On this subject, Mr Hume has laid down the general law with admirable good + sense and perspicuity. I mean David Hume, not the Member for Montrose, + though that honourable gentleman will, I am confident, assent to the + doctrine propounded by his illustrious namesake. David Hume, Sir, justly + says that most of the arts and trades which exist in the world produce so + much advantage and pleasure to individuals, that the magistrate may safely + leave it to individuals to encourage those arts and trades. But he adds + that there are callings which, though they are highly useful, nay, + absolutely necessary to society, yet do not administer to the peculiar + pleasure or profit of any individual. The military calling is an instance. + Here, says Hume, the Government must interfere. It must take on itself to + regulate these callings, and to stimulate the industry of the persons who + follow these callings by pecuniary and honorary rewards. + </p> + <p> + Now, Sir, it seems to me that, on the same principle on which Government + ought to superintend and to reward the soldier, Government ought to + superintend and to reward the schoolmaster. I mean, of course, the + schoolmaster of the common people. That his calling is useful, that his + calling is necessary, will hardly be denied. Yet it is clear that his + services will not be adequately remunerated if he is left to be + remunerated by those whom he teaches, or by the voluntary contributions of + the charitable. Is this disputed? Look at the facts. You tell us that + schools will multiply and flourish exceedingly, if the Government will + only abstain from interfering with them. Has not the Government long + abstained from interfering with them? Has not everything been left, + through many years, to individual exertion? If it were true that + education, like trade, thrives most where the magistrate meddles least, + the common people of England would now be the best educated in the world. + Our schools would be model schools. Every one would have a well chosen + little library, excellent maps, a small but neat apparatus for experiments + in natural philosophy. A grown person unable to read and write would be + pointed at like Giant O'Brien or the Polish Count. Our schoolmasters would + be as eminently expert in all that relates to teaching as our cutlers, our + cotton-spinners, our engineers are allowed to be in their respective + callings. They would, as a class, be held in high consideration; and their + gains would be such that it would be easy to find men of respectable + character and attainments to fill up vacancies. + </p> + <p> + Now, is this the case? Look at the charges of the judges, at the + resolutions of the grand juries, at the reports of public officers, at the + reports of voluntary associations. All tell the same sad and ignominious + story. Take the reports of the Inspectors of Prisons. In the House of + Correction at Hertford, of seven hundred prisoners one half could not read + at all; only eight could read and write well. Of eight thousand prisoners + who had passed through Maidstone Gaol only fifty could read and write + well. In Coldbath Fields Prison, the proportion that could read and write + well seems to have been still smaller. Turn from the registers of + prisoners to the registers of marriages. You will find that about a + hundred and thirty thousand couples were married in the year 1844. More + than forty thousand of the bridegrooms and more than sixty thousand of the + brides did not sign their names, but made their marks. Nearly one third of + the men and nearly one half of the women, who are in the prime of life, + who are to be the parents of the Englishmen of the next generation, who + are to bear a chief part in forming the minds of the Englishmen of the + next generation, cannot write their own names. Remember, too, that, though + people who cannot write their own names must be grossly ignorant, people + may write their own names and yet have very little knowledge. Tens of + thousands who were able to write their names had in all probability + received only the wretched education of a common day school. We know what + such a school too often is; a room crusted with filth, without light, + without air, with a heap of fuel in one corner and a brood of chickens in + another; the only machinery of instruction a dogeared spelling-book and a + broken slate; the masters the refuse of all other callings, discarded + footmen, ruined pedlars, men who cannot work a sum in the rule of three, + men who cannot write a common letter without blunders, men who do not know + whether the earth is a sphere or a cube, men who do not know whether + Jerusalem is in Asia or America. And to such men, men to whom none of us + would entrust the key of his cellar, we have entrusted the mind of the + rising generation, and, with the mind of the rising generation the + freedom, the happiness, the glory of our country. + </p> + <p> + Do you question the accuracy of this description? I will produce evidence + to which I am sure that you will not venture to take an exception. Every + gentleman here knows, I suppose, how important a place the Congregational + Union holds among the Nonconformists, and how prominent a part Mr Edward + Baines has taken in opposition to State education. A Committee of the + Congregational Union drew up last year a report on the subject of + education. That report was received by the Union; and the person who moved + that it should be received was Mr Edward Baines. That report contains the + following passage: "If it were necessary to disclose facts to such an + assembly as this, as to the ignorance and debasement of the neglected + portions of our population in towns and rural districts, both adult and + juvenile, it could easily be done. Private information communicated to the + Board, personal observation and investigation of the various localities, + with the published documents of the Registrar General, and the reports of + the state of prisons in England and Wales, published by order of the House + of Commons, would furnish enough to make us modest in speaking of what has + been done for the humbler classes, and make us ashamed that the sons of + the soil of England should have been so long neglected, and should present + to the enlightened traveller from other shores such a sad spectacle of + neglected cultivation, lost mental power, and spiritual degradation." + Nothing can be more just. All the information which I have been able to + obtain bears out the statements of the Congregational Union. I do believe + that the ignorance and degradation of a large part of the community to + which we belong ought to make us ashamed of ourselves. I do believe that + an enlightened traveller from New York, from Geneva, or from Berlin, would + be shocked to see so much barbarism in the close neighbourhood of so much + wealth and civilisation. But is it not strange that the very gentlemen who + tell us in such emphatic language that the people are shamefully + ill-educated, should yet persist in telling us that under a system of free + competition the people are certain to be excellently educated? Only this + morning the opponents of our plan circulated a paper in which they + confidently predict that free competition will do all that is necessary, + if we will only wait with patience. Wait with patience! Why, we have been + waiting ever since the Heptarchy. How much longer are we to wait? Till the + year 2847? Or till the year 3847? That the experiment has as yet failed + you do not deny. And why should it have failed? Has it been tried in + unfavourable circumstances? Not so: it has been tried in the richest and + in the freest, and in the most charitable country in all Europe. Has it + been tried on too small a scale? Not so: millions have been subjected to + it. Has it been tried during too short a time? Not so: it has been going + on during ages. The cause of the failure then is plain. Our whole system + has been unsound. We have applied the principle of free competition to a + case to which that principle is not applicable. + </p> + <p> + But, Sir, if the state of the southern part of our island has furnished me + with one strong argument, the state of the northern part furnishes me with + another argument, which is, if possible, still more decisive. A hundred + and fifty years ago England was one of the best governed and most + prosperous countries in the world: Scotland was perhaps the rudest and + poorest country that could lay any claim to civilisation. The name of + Scotchman was then uttered in this part of the island with contempt. The + ablest Scotch statesmen contemplated the degraded state of their poorer + countrymen with a feeling approaching to despair. It is well-known that + Fletcher of Saltoun, a brave and accomplished man, a man who had drawn his + sword for liberty, who had suffered proscription and exile for liberty, + was so much disgusted and dismayed by the misery, the ignorance, the + idleness, the lawlessness of the common people, that he proposed to make + many thousands of them slaves. Nothing, he thought, but the discipline + which kept order and enforced exertion among the negroes of a sugar + colony, nothing but the lash and the stocks, could reclaim the vagabonds + who infested every part of Scotland from their indolent and predatory + habits, and compel them to support themselves by steady labour. He + therefore, soon after the Revolution, published a pamphlet, in which he + earnestly, and, as I believe, from the mere impulse of humanity and + patriotism, recommended to the Estates of the Realm this sharp remedy, + which alone, as he conceived, could remove the evil. Within a few months + after the publication of that pamphlet a very different remedy was + applied. The Parliament which sate at Edinburgh passed an act for the + establishment of parochial schools. What followed? An improvement such as + the world had never seen took place in the moral and intellectual + character of the people. Soon, in spite of the rigour of the climate, in + spite of the sterility of the earth, Scotland became a country which had + no reason to envy the fairest portions of the globe. Wherever the + Scotchman went,—and there were few parts of the world to which he + did not go,—he carried his superiority with him. If he was admitted + into a public office, he worked his way up to the highest post. If he got + employment in a brewery or a factory, he was soon the foreman. If he took + a shop, his trade was the best in the street. If he enlisted in the army, + he became a colour-sergeant. If he went to a colony, he was the most + thriving planter there. The Scotchman of the seventeenth century had been + spoken of in London as we speak of the Esquimaux. The Scotchman of the + eighteenth century was an object, not of scorn, but of envy. The cry was + that, wherever he came, he got more than his share; that, mixed with + Englishmen or mixed with Irishmen, he rose to the top as surely as oil + rises to the top of water. And what had produced this great revolution? + The Scotch air was still as cold, the Scotch rocks were still as bare as + ever. All the natural qualities of the Scotchman were still what they had + been when learned and benevolent men advised that he should be flogged, + like a beast of burden, to his daily task. But the State had given him an + education. That education was not, it is true, in all respects what it + should have been. But such as it was, it had done more for the bleak and + dreary shores of the Forth and the Clyde than the richest of soils and the + most genial of climates had done for Capua and Tarentum. Is there one + member of this House, however strongly he may hold the doctrine that the + Government ought not to interfere with the education of the people, who + will stand up and say that, in his opinion, the Scotch would now have been + a happier and a more enlightened people if they had been left, during the + last five generations, to find instruction for themselves? + </p> + <p> + I say then, Sir, that, if the science of Government be an experimental + science, this question is decided. We are in a condition to perform the + inductive process according to the rules laid down in the Novum Organum. + We have two nations closely connected, inhabiting the same island, sprung + from the same blood, speaking the same language, governed by the same + Sovereign and the same Legislature, holding essentially the same religious + faith, having the same allies and the same enemies. Of these two nations + one was, a hundred and fifty years ago, as respects opulence and + civilisation, in the highest rank among European communities, the other in + the lowest rank. The opulent and highly civilised nation leaves the + education of the people to free competition. In the poor and half + barbarous nation the education of the people is undertaken by the State. + The result is that the first are last and the last first. The common + people of Scotland,—it is vain to disguise the truth,—have + passed the common people of England. Free competition, tried with every + advantage, has produced effects of which, as the Congregational Union + tells us, we ought to be ashamed, and which must lower us in the opinion + of every intelligent foreigner. State education, tried under every + disadvantage, has produced an improvement to which it would be difficult + to find a parallel in any age or country. Such an experiment as this would + be regarded as conclusive in surgery or chemistry, and ought, I think, to + be regarded as equally conclusive in politics. + </p> + <p> + These, Sir, are the reasons which have satisfied me that it is the duty of + the State to educate the people. Being firmly convinced of that truth, I + shall not shrink from proclaiming it here and elsewhere, in defiance of + the loudest clamour that agitators can raise. The remainder of my task is + easy. For, if the great principle for which I have been contending is + admitted, the objections which have been made to the details of our plan + will vanish fast. I will deal with those objections in the order in which + they stand in the amendment moved by the honourable Member for Finsbury. + </p> + <p> + First among his objections he places the cost. Surely, Sir, no person who + admits that it is our duty to train the minds of the rising generation can + think a hundred thousand pounds too large a sum for that purpose. If we + look at the matter in the lowest point of view, if we consider human + beings merely as producers of wealth, the difference between an + intelligent and a stupid population, estimated in pounds, shillings, and + pence, exceeds a hundredfold the proposed outlay. Nor is this all. For + every pound that you save in education, you will spend five in + prosecutions, in prisons, in penal settlements. I cannot believe that the + House, having never grudged anything that was asked for the purpose of + maintaining order and protecting property by means of pain and fear, will + begin to be niggardly as soon as it is proposed to effect the same objects + by making the people wiser and better. + </p> + <p> + The next objection made by the honourable Member to our plan is that it + will increase the influence of the Crown. This sum of a hundred thousand + pounds may, he apprehends, be employed in corruption and jobbing. Those + schoolmasters who vote for ministerial candidates will obtain a share of + the grant: those schoolmasters who vote for opponents of the ministry will + apply for assistance in vain. Sir, the honourable Member never would have + made this objection if he had taken the trouble to understand the minutes + which he has condemned. We propose to place this part of the public + expenditure under checks which must make such abuses as the honourable + Member anticipates morally impossible. Not only will there be those + ordinary checks which are thought sufficient to prevent the misapplication + of the many millions annually granted for the army, the navy, the + ordnance, the civil government: not only must the Ministers of the Crown + come every year to this House for a vote, and be prepared to render an + account of the manner in which they have laid out what had been voted in + the preceding year, but, when they have satisfied the House, when they + have got their vote, they will still be unable to distribute the money at + their discretion. Whatever they may do for any schoolmaster must be done + in concert with those persons who, in the district where the schoolmaster + lives, take an interest in education, and contribute out of their private + means to the expense of education. When the honourable gentleman is afraid + that we shall corrupt the schoolmasters, he forgets, first, that we do not + appoint the schoolmasters; secondly, that we cannot dismiss the + schoolmasters; thirdly, that managers who are altogether independent of us + can, without our consent, dismiss the schoolmasters; and, fourthly, that + without the recommendation of those managers we can give nothing to the + schoolmasters. Observe, too, that such a recommendation will not be one of + those recommendations which goodnatured easy people are too apt to give to + everybody who asks; nor will it at all resemble those recommendations + which the Secretary of the Treasury is in the habit of receiving. For + every pound which we pay on the recommendation of the managers, the + managers themselves must pay two pounds. They must also provide the + schoolmaster with a house out of their own funds before they can obtain + for him a grant from the public funds. What chance of jobbing is there + here? It is common enough, no doubt, for a Member of Parliament who votes + with Government to ask that one of those who zealously supported him at + the last election may have a place in the Excise or the Customs. But such + a member would soon cease to solicit if the answer were, "Your friend + shall have a place of fifty pounds a year, if you will give him a house + and settle on him an income of a hundred a year." What chance then, I + again ask, is there of jobbing? What, say some of the dissenters of Leeds, + is to prevent a Tory Government, a High Church Government, from using this + parliamentary grant to corrupt the schoolmasters of our borough, and to + induce them to use all their influence in favour of a Tory and High Church + candidate? Why, Sir, the dissenters of Leeds themselves have the power to + prevent it. Let them subscribe to the schools: let them take a share in + the management of the schools: let them refuse to recommend to the + committee of Council any schoolmaster whom they suspect of having voted at + any election from corrupt motives: and the thing is done. Our plan, in + truth, is made up of checks. My only doubt is whether the checks may not + be found too numerous and too stringent. On our general conduct there is + the ordinary check, the parliamentary check. And, as respects those minute + details which it is impossible that this House can investigate, we shall + be checked, in every town and in every rural district, by boards + consisting of independent men zealous in the cause of education. + </p> + <p> + The truth is, Sir, that those who clamour most loudly against our plan, + have never thought of ascertaining what it is. I see that a gentleman, who + ought to have known better, has not been ashamed publicly to tell the + world that our plan will cost the nation two millions a year, and will + paralyse all the exertions of individuals to educate the people. These two + assertions are uttered in one breath. And yet, if he who made them had + read our minutes before he railed at them, he would have seen that his + predictions are contradictory; that they cannot both be fulfilled; that, + if individuals do not exert themselves, the country will have to pay + nothing; and that, if the country has to pay two millions, it will be + because individuals have exerted themselves with such wonderful, such + incredible vigour, as to raise four millions by voluntary contributions. + </p> + <p> + The next objection made by the honourable Member for Finsbury is that we + have acted unconstitutionally, and have encroached on the functions of + Parliament. The Committee of Council he seems to consider as an unlawful + assembly. He calls it sometimes a self-elected body and sometimes a + self-appointed body. Sir, these are words without meaning. The Committee + is no more a self-elected body than the Board of Trade. It is a body + appointed by the Queen; and in appointing it Her Majesty has exercised, + under the advice of her responsible Ministers, a prerogative as old as the + monarchy. But, says the honourable Member, the constitutional course would + have been to apply for an Act of Parliament. On what ground? Nothing but + an Act of Parliament can legalise that which is illegal. But whoever heard + of an Act of Parliament to legalise what was already beyond all dispute + legal? Of course, if we wished to send aliens out of the country, or to + retain disaffected persons in custody without bringing them to trial, we + must obtain an Act of Parliament empowering us to do so. But why should we + ask for an Act of Parliament to empower us to do what anybody may do, what + the honourable Member for Finsbury may do? Is there any doubt that he or + anybody else may subscribe to a school, give a stipend to a monitor, or + settle a retiring pension on a preceptor who has done good service? What + any of the Queen's subjects may do the Queen may do. Suppose that her + privy purse were so large that she could afford to employ a hundred + thousand pounds in this beneficent manner; would an Act of Parliament be + necessary to enable her to do so? Every part of our plan may lawfully be + carried into execution by any person, Sovereign or subject, who has the + inclination and the money. We have not the money; and for the money we + come, in a strictly constitutional manner, to the House of Commons. The + course which we have taken is in conformity with all precedent, as well as + with all principle. There are military schools. No Act of Parliament was + necessary to authorise the establishing of such schools. All that was + necessary was a grant of money to defray the charge. When I was Secretary + at War it was my duty to bring under Her Majesty's notice the situation of + the female children of her soldiers. Many such children accompanied every + regiment, and their education was grievously neglected. Her Majesty was + graciously pleased to sign a warrant by which a girls' school was attached + to each corps. No Act of Parliament was necessary. For to set up a school + where girls might be taught to read, and write, and sew, and cook, was + perfectly legal already. I might have set it up myself, if I had been rich + enough. All that I had to ask from Parliament was the money. But I ought + to beg pardon for arguing a point so clear. + </p> + <p> + The next objection to our plans is that they interfere with the religious + convictions of Her Majesty's subjects. It has been sometimes insinuated, + but it has never been proved, that the Committee of Council has shown + undue favour to the Established Church. Sir, I have carefully read and + considered the minutes; and I wish that every man who has exerted his + eloquence against them had done the same. I say that I have carefully read + and considered them, and that they seem to me to have been drawn up with + exemplary impartiality. The benefits which we offer we offer to people of + all religious persuasions alike. The dissenting managers of schools will + have equal authority with the managers who belong to the Church. A boy who + goes to meeting will be just as eligible to be a monitor, and will receive + just as large a stipend, as if he went to the cathedral. The schoolmaster + who is a nonconformist and the schoolmaster who is a conformist will enjoy + the same emoluments, and will, after the same term of service, obtain, on + the same conditions, the same retiring pension. I wish that some gentleman + would, instead of using vague phrases about religious liberty and the + rights of conscience, answer this plain question. Suppose that in one of + our large towns there are four schools, a school connected with the + Church, a school connected with the Independents, a Baptist school, and a + Wesleyan school; what encouragement, pecuniary or honorary, will, by our + plan, be given to the school connected with the Church, and withheld from + any of the other three schools? Is it not indeed plain that, if by neglect + or maladministration the Church school should get into a bad state, while + the dissenting schools flourish, the dissenting schools will receive + public money and the Church school will receive none? + </p> + <p> + It is true, I admit, that in rural districts which are too poor to support + more than one school, the religious community to which the majority + belongs will have an advantage over other religious communities. But this + is not our fault. If we are as impartial as it is possible to be, you + surely do not expect more. If there should be a parish containing nine + hundred churchmen and a hundred dissenters, if there should, in that + parish, be a school connected with the Church, if the dissenters in that + parish should be too poor to set up another school, undoubtedly the school + connected with the Church will, in that parish, get all that we give; and + the dissenters will get nothing. But observe that there is no partiality + to the Church, as the Church, in this arrangement. The churchmen get + public money, not because they are churchmen, but because they are the + majority. The dissenters get nothing, not because they are dissenters, but + because they are a small minority. There are districts where the case will + be reversed, where there will be dissenting schools, and no Church + schools. In such cases the dissenters will get what we have to give, and + the churchmen will get nothing. + </p> + <p> + But, Sir, I ought not to say that a churchman gets nothing by a system + which gives a good education to dissenters, or that a dissenter gets + nothing by a system which gives a good education to churchmen. We are not, + I hope, so much conformists, or so much nonconformists, as to forget that + we are Englishmen and Christians. We all, Churchmen, Presbyterians, + Independents, Baptists, Methodists, have an interest in this, that the + great body of the people should be rescued from ignorance and barbarism. I + mentioned Lord George Gordon's mob. That mob began, it is true, with the + Roman Catholics: but, long before the tumults were over, there was not a + respectable Protestant in London who was not in fear for his house, for + his limbs, for his life, for the lives of those who were dearest to him. + The honourable Member for Finsbury says that we call on men to pay for an + education from which they derive no benefit. I deny that there is one + honest and industrious man in the country who derives no benefit from + living among honest and industrious neighbours rather than among rioters + and vagabonds. This matter is as much a matter of common concern as the + defence of our coast. Suppose that I were to say, "Why do you tax me to + fortify Portsmouth? If the people of Portsmouth think that they cannot be + safe without bastions and ravelins, let the people of Portsmouth pay the + engineers and masons. Why am I to bear the charge of works from which I + derive no advantage?" You would answer, and most justly, that there is no + man in the island who does not derive advantage from these works, whether + he resides within them or not. And, as every man, in whatever part of the + island he may live, is bound to contribute to the support of those + arsenals which are necessary for our common security, so is every man, to + whatever sect he may belong, bound to contribute to the support of those + schools on which, not less than on our arsenals, our common security + depends. + </p> + <p> + I now come to the last words of the amendment. The honourable Member for + Finsbury is apprehensive that our plan may interfere with the civil rights + of Her Majesty's subjects. How a man's civil rights can be prejudiced by + his learning to read and write, to multiply and divide, or even by his + obtaining some knowledge of history and geography, I do not very well + apprehend. One thing is clear, that persons sunk in that ignorance in + which, as we are assured by the Congregational Union, great numbers of our + countrymen are sunk, can be free only in name. It is hardly necessary for + us to appoint a Select Committee for the purpose of inquiring whether + knowledge be the ally or the enemy of liberty. He is, I must say, but a + short-sighted friend of the common people who is eager to bestow on them a + franchise which would make them all-powerful, and yet would withhold from + them that instruction without which their power must be a curse to + themselves and to the State. + </p> + <p> + This, Sir, is my defence. From the clamour of our accusers I appeal with + confidence to the country to which we must, in no long time, render an + account of our stewardship. I appeal with still more confidence to future + generations, which, while enjoying all the blessings of an impartial and + efficient system of public instruction, will find it difficult to believe + that the authors of that system should have had to struggle with a + vehement and pertinacious opposition, and still more difficult to believe + that such an opposition was offered in the name of civil and religious + freedom. + </p> + <hr /> + <p> + <a name="link2H_4_0032" id="link2H_4_0032"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + INAUGURAL SPEECH AT GLASGOW COLLEGE. (MARCH 21, 1849) A SPEECH DELIVERED + AT THE COLLEGE OF GLASGOW ON THE 21ST OF MARCH, 1849. + </h2> + <p> + At the election of Lord Rector of the University of Glasgow, in November, + 1848, the votes stood thus: Mr Macaulay, 255; Colonel Mure, 203. The + installation took place on the twenty-first of March, 1849; and after that + ceremony had been performed, the following Speech was delivered. + </p> + <p> + My first duty, Gentlemen, is to return you my thanks for the honour which + you have conferred on me. You well know that it was wholly unsolicited; + and I can assure you that it was wholly unexpected. I may add that, if I + had been invited to become a candidate for your suffrages, I should + respectfully have declined the invitation. My predecessor, whom I am so + happy as to be able to call my friend, declared from this place last year + in language which well became him, that he would not have come forward to + displace so eminent a statesman as Lord John Russell. I can with equal + truth affirm that I would not have come forward to displace so estimable a + gentleman and so accomplished a scholar as Colonel Mure. But Colonel Mure + felt last year that it was not for him, and I now feel that it is not for + me, to question the propriety of your decision on a point of which, by the + constitution of your body, you are the judges. I therefore gratefully + accept the office to which I have been called, fully purposing to use + whatever powers belong to it with a single view to the welfare and credit + of your society. + </p> + <p> + I am not using a mere phrase of course, when I say that the feelings with + which I bear apart in the ceremony of this day are such as I find it + difficult to utter in words. I do not think it strange that, when that + great master of eloquence, Edmund Burke, stood where I now stand, he + faltered and remained mute. Doubtless the multitude of thoughts which + rushed into his mind was such as even he could not easily arrange or + express. In truth there are few spectacles more striking or affecting than + that which a great historical place of education presents on a solemn + public day. There is something strangely interesting in the contrast + between the venerable antiquity of the body and the fresh and ardent youth + of the great majority of the members. Recollections and hopes crowd upon + us together. The past and the future are at once brought close to us. Our + thoughts wander back to the time when the foundations of this ancient + building were laid, and forward to the time when those whom it is our + office to guide and to teach will be the guides and teachers of our + posterity. On the present occasion we may, with peculiar propriety, give + such thoughts their course. For it has chanced that my magistracy has + fallen on a great secular epoch. This is the four hundredth year of the + existence of your University. At such jubilees, jubilees of which no + individual sees more than one, it is natural, and it is good, that a + society like this, a society which survives all the transitory parts of + which it is composed, a society which has a corporate existence and a + perpetual succession, should review its annals, should retrace the stages + of its growth from infancy to maturity, and should try to find, in the + experience of generations which have passed away, lessons which may be + profitable to generations yet unborn. + </p> + <p> + The retrospect is full of interest and instruction. Perhaps it may be + doubted whether, since the Christian era, there has been any point of time + more important to the highest interests of mankind than that at which the + existence of your University commenced. It was at the moment of a great + destruction and of a great creation. Your society was instituted just + before the empire of the East perished; that strange empire which, + dragging on a languid life through the great age of darkness, connected + together the two great ages of light; that empire which, adding nothing to + our stores of knowledge, and producing not one man great in letters, in + science, or in art, yet preserved, in the midst of barbarism, those + masterpieces of Attic genius, which the highest minds still contemplate, + and long will contemplate, with admiring despair. And at that very time, + while the fanatical Moslem were plundering the churches and palaces of + Constantinople, breaking in pieces Grecian sculptures, and giving to the + flames piles of Grecian eloquence, a few humble German artisans, who + little knew that they were calling into existence a power far mightier + than that of the victorious Sultan, were busied in cutting and setting the + first types. The University came into existence just in time to witness + the disappearance of the last trace of the Roman empire, and to witness + the publication of the earliest printed book. + </p> + <p> + At this conjuncture, a conjuncture of unrivalled interest in the history + of letters, a man, never to be mentioned without reverence by every lover + of letters, held the highest place in Europe. Our just attachment to that + Protestant faith to which our country owes so much must not prevent us + from paying the tribute which, on this occasion, and in this place, + justice and gratitude demand, to the founder of the University of Glasgow, + the greatest of the restorers of learning, Pope Nicholas the Fifth. He had + sprung from the common people; but his abilities and his erudition had + early attracted the notice of the great. He had studied much and travelled + far. He had visited Britain, which, in wealth and refinement, was to his + native Tuscany what the back settlements of America now are to Britain. He + had lived with the merchant princes of Florence, those men who first + ennobled trade by making trade the ally of philosophy, of eloquence, and + of taste. It was he who, under the protection of the munificent and + discerning Cosmo, arranged the first public library that Modern Europe + possessed. From privacy your founder rose to a throne; but on the throne + he never forgot the studies which had been his delight in privacy. He was + the centre of an illustrious group, composed partly of the last great + scholars of Greece, and partly of the first great scholars of Italy, + Theodore Gaza and George of Trebizond, Bessarion and Filelfo, Marsilio + Ficino and Poggio Bracciolini. By him was founded the Vatican library, + then and long after the most precious and the most extensive collection of + books in the world. By him were carefully preserved the most valuable + intellectual treasures which had been snatched from the wreck of the + Byzantine empire. His agents were to be found everywhere, in the bazaars + of the farthest East, in the monasteries of the farthest West, purchasing + or copying worm-eaten parchments, on which were traced words worthy of + immortality. Under his patronage were prepared accurate Latin versions of + many precious remains of Greek poets and philosophers. But no department + of literature owes so much to him as history. By him were introduced to + the knowledge of Western Europe two great and unrivalled models of + historical composition, the work of Herodotus and the work of Thucydides. + By him, too, our ancestors were first made acquainted with the graceful + and lucid simplicity of Xenophon and with the manly good sense of + Polybius. + </p> + <p> + It was while he was occupied with cares like these that his attention was + called to the intellectual wants of this region, a region now swarming + with population, rich with culture, and resounding with the clang of + machinery, a region which now sends forth fleets laden with its admirable + fabrics to the lands of which, in his days, no geographer had ever heard, + then a wild, a poor, a half barbarous tract, lying on the utmost verge of + the known world. He gave his sanction to the plan of establishing a + University at Glasgow, and bestowed on the new seat of learning all the + privileges which belonged to the University of Bologna. I can conceive + that a pitying smile passed over his face as he named Bologna and Glasgow + together. At Bologna he had long studied. No spot in the world had been + more favoured by nature or by art. The surrounding country was a fruitful + and sunny country, a country of cornfields and vineyards. In the city, the + house of Bentivoglo bore rule, a house which vied with the house of Medici + in taste and magnificence, which has left to posterity noble palaces and + temples, and which gave a splendid patronage to arts and letters. Glasgow + your founder just knew to be a poor, a small, a rude town, a town, as he + would have thought, not likely ever to be great and opulent; for the soil, + compared with the rich country at the foot of the Apennines, was barren, + and the climate was such that an Italian shuddered at the thought of it. + But it is not on the fertility of the soil, it is not on the mildness of + the atmosphere, that the prosperity of nations chiefly depends. Slavery + and superstition can make Campania a land of beggars, and can change the + plain of Enna into a desert. Nor is it beyond the power of human + intelligence and energy, developed by civil and spiritual freedom, to turn + sterile rocks and pestilential marshes into cities and gardens. + Enlightened as your founder was, he little knew that he was himself a + chief agent in a great revolution, physical and moral, political and + religious, in a revolution destined to make the last first and the first + last, in a revolution destined to invert the relative positions of Glasgow + and Bologna. We cannot, I think, better employ a few minutes than in + reviewing the stages of this great change in human affairs. + </p> + <p> + The review shall be short. Indeed I cannot do better than pass rapidly + from century to century. Look at the world, then, a hundred years after + the seal of Nicholas had been affixed to the instrument which called your + College into existence. We find Europe, we find Scotland especially, in + the agonies of that great revolution which we emphatically call the + Reformation. The liberal patronage which Nicholas, and men like Nicholas, + had given to learning, and of which the establishment of this seat of + learning is not the least remarkable instance, had produced an effect + which they had never contemplated. Ignorance was the talisman on which + their power depended; and that talisman they had themselves broken. They + had called in Knowledge as a handmaid to decorate Superstition, and their + error produced its natural effect. I need not tell you what a part the + votaries of classical learning, and especially the votaries of Greek + learning, the Humanists, as they were then called, bore in the great + movement against spiritual tyranny. They formed, in fact, the vanguard of + that movement. Every one of the chief Reformers—I do not at this + moment remember a single exception—was a Humanist. Almost every + eminent Humanist in the north of Europe was, according to the measure of + his uprightness and courage, a Reformer. In a Scottish University I need + hardly mention the names of Knox, of Buchanan, of Melville, of Secretary + Maitland. In truth, minds daily nourished with the best literature of + Greece and Rome necessarily grew too strong to be trammelled by the + cobwebs of the scholastic divinity; and the influence of such minds was + now rapidly felt by the whole community; for the invention of printing had + brought books within the reach even of yeomen and of artisans. From the + Mediterranean to the Frozen Sea, therefore, the public mind was everywhere + in a ferment; and nowhere was the ferment greater than in Scotland. It was + in the midst of martyrdoms and proscriptions, in the midst of a war + between power and truth, that the first century of the existence of your + University closed. + </p> + <p> + Pass another hundred years; and we are in the midst of another revolution. + The war between Popery and Protestantism had, in this island, been + terminated by the victory of Protestantism. But from that war another war + had sprung, the war between Prelacy and Puritanism. The hostile religious + sects were allied, intermingled, confounded with hostile political + parties. The monarchical element of the constitution was an object of + almost exclusive devotion to the Prelatist. The popular element of the + constitution was especially dear to the Puritan. At length an appeal was + made to the sword. Puritanism triumphed; but Puritanism was already + divided against itself. Independency and Republicanism were on one side, + Presbyterianism and limited Monarchy on the other. It was in the very + darkest part of that dark time, it was in the midst of battles, sieges, + and executions, it was when the whole world was still aghast at the awful + spectacle of a British King standing before a judgment seat, and laying + his neck on a block, it was when the mangled remains of the Duke of + Hamilton had just been laid in the tomb of his house, it was when the head + of the Marquess of Montrose had just been fixed on the Tolbooth of + Edinburgh, that your University completed her second century. + </p> + <p> + A hundred years more; and we have at length reached the beginning of a + happier period. Our civil and religious liberties had indeed been bought + with a fearful price. But they had been bought. The price had been paid. + The last battle had been fought on British ground. The last black scaffold + had been set up on Tower Hill. The evil days were over. A bright and + tranquil century, a century of religious toleration, of domestic peace, of + temperate freedom, of equal justice, was beginning. That century is now + closing. When we compare it with any equally long period in the history of + any other great society, we shall find abundant cause for thankfulness to + the Giver of all good. Nor is there any place in the whole kingdom better + fitted to excite this feeling than the place where we are now assembled. + For in the whole kingdom we shall find no district in which the progress + of trade, of manufactures, of wealth, and of the arts of life, has been + more rapid than in Clydesdale. Your University has partaken largely of the + prosperity of this city and of the surrounding region. The security, the + tranquillity, the liberty, which have been propitious to the industry of + the merchant and of the manufacturer, have been also propitious to the + industry of the scholar. To the last century belong most of the names of + which you justly boast. The time would fail me if I attempted to do + justice to the memory of all the illustrious men who, during that period, + taught or learned wisdom within these ancient walls; geometricians, + anatomists, jurists, philologists, metaphysicians, poets: Simpson and + Hunter, Millar and Young, Reid and Stewart; Campbell, whose coffin was + lately borne to a grave in that renowned transept which contains the dust + of Chaucer, of Spenser, and of Dryden; Black, whose discoveries form an + era in the history of chemical science; Adam Smith, the greatest of all + the masters of political science; James Watt, who perhaps did more than + any single man has done, since the New Atlantis of Bacon was written, to + accomplish that glorious prophecy. We now speak the language of humility + when we say that the University of Glasgow need not fear a comparison with + the University of Bologna. + </p> + <p> + A fifth secular period is about to commence. There is no lack of alarmists + who will tell you that it is about to commence under evil auspices. But + from me you must expect no such gloomy prognostications. I have heard them + too long and too constantly to be scared by them. Ever since I began to + make observations on the state of my country, I have been seeing nothing + but growth, and hearing of nothing but decay. The more I contemplate our + noble institutions, the more convinced I am that they are sound at heart, + that they have nothing of age but its dignity, and that their strength is + still the strength of youth. The hurricane, which has recently overthrown + so much that was great and that seemed durable, has only proved their + solidity. They still stand, august and immovable, while dynasties and + churches are lying in heaps of ruin all around us. I see no reason to + doubt that, by the blessing of God on a wise and temperate policy, on a + policy of which the principle is to preserve what is good by reforming in + time what is evil, our civil institutions may be preserved unimpaired to a + late posterity, and that, under the shade of our civil institutions, our + academical institutions may long continue to flourish. + </p> + <p> + I trust, therefore, that, when a hundred years more have run out, this + ancient College will still continue to deserve well of our country and of + mankind. I trust that the installation of 1949 will be attended by a still + greater assembly of students than I have the happiness now to see before + me. That assemblage, indeed, may not meet in the place where we have met. + These venerable halls may have disappeared. My successor may speak to your + successors in a more stately edifice, in a edifice which, even among the + magnificent buildings of the future Glasgow, will still be admired as a + fine specimen of the architecture which flourished in the days of the good + Queen Victoria. But, though the site and the walls may be new, the spirit + of the institution will, I hope, be still the same. My successor will, I + hope, be able to boast that the fifth century of the University has even + been more glorious than the fourth. He will be able to vindicate that + boast by citing a long list of eminent men, great masters of experimental + science, of ancient learning, of our native eloquence, ornaments of the + senate, the pulpit and the bar. He will, I hope, mention with high honour + some of my young friends who now hear me; and he will, I also hope, be + able to add that their talents and learning were not wasted on selfish or + ignoble objects, but were employed to promote the physical and moral good + of their species, to extend the empire of man over the material world, to + defend the cause of civil and religious liberty against tyrants and + bigots, and to defend the cause of virtue and order against the enemies of + all divine and human laws. + </p> + <p> + I have now given utterance to a part, and to a part only, of the + recollections and anticipations of which, on this solemn occasion, my mind + is full. I again thank you for the honour which you have bestowed on me; + and I assure you that, while I live, I shall never cease to take a deep + interest in the welfare and fame of the body with which, by your kindness, + I have this day become connected. + </p> + <hr /> + <p> + <a name="link2H_4_0033" id="link2H_4_0033"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + RE-ELECTION TO PARLIAMENT. (NOVEMBER 2, 1852) A SPEECH DELIVERED AT + EDINBURGH ON THE 2D OF NOVEMBER, 1852. + </h2> + <p> + At the General Election of 1852 the votes for the City of Edinburgh stood + thus: + </p> +<pre xml:space="preserve"> + Mr Macaulay ...............1872 + Mr Cowan ..................1754 + The Lord Provost ..........1559 + Mr Bruce ..................1066 + Mr Campbell ............... 686 +</pre> + <p> + On the second of November the Electors assembled in the Music Hall to meet + the representative whom they had, without any solicitation on his part, + placed at the head of the poll. On this occasion the following Speech was + delivered. + </p> + <p> + Gentlemen,—I thank you from my heart for this kind reception. In + truth, it has almost overcome me. Your good opinion and your good will + were always very valuable to me, far more valuable than any vulgar object + of ambition, far more valuable than any office, however lucrative or + dignified. In truth, no office, however lucrative or dignified, would have + tempted me to do what I have done at your summons, to leave again the + happiest and most tranquil of all retreats for the bustle of political + life. But the honour which you have conferred upon me, an honour of which + the greatest men might well be proud, an honour which it is in the power + only of a free people to bestow, has laid on me such an obligation that I + should have thought it ingratitude, I should have thought it + pusillanimity, not to make at least an effort to serve you. + </p> + <p> + And here, Gentlemen, we meet again in kindness after a long separation. It + is more than five years since I last stood in this very place; a large + part of human life. There are few of us on whom those five years have not + set their mark, few circles from which those five years have not taken + away what can never be replaced. Even in this multitude of friendly faces + I look in vain for some which would on this day have been lighted up with + joy and kindness. I miss one venerable man, who, before I was born, in + evil times, in times of oppression and of corruption, had adhered, with + almost solitary fidelity, to the cause of freedom, and whom I knew in + advanced age, but still in the full vigour of mind and body, enjoying the + respect and gratitude of his fellow citizens. I should, indeed, be most + ungrateful if I could, on this day, forget Sir James Craig, his public + spirit, his judicious counsel, his fatherly kindness to myself. And + Jeffrey—with what an effusion of generous affection he would on this + day, have welcomed me back to Edinburgh! He too is gone; but the + remembrance of him is one of the many ties which bind me to the city once + dear to his heart, and still inseparably associated with his fame. + </p> + <p> + But, Gentlemen, it is not only here that, on entering again, at your call, + a path of life which I believed that I had quitted forever, I shall be + painfully reminded of the changes which the last five years have produced. + In Parliament I shall look in vain for virtues which I loved, and for + abilities which I admired. Often in debate, and never more than when we + discuss those questions of colonial policy which are every day acquiring a + new interest, I shall remember with regret how much eloquence and wit, how + much acuteness and knowledge, how many engaging qualities, how many fair + hopes, are buried in the grave of poor Charles Buller. There were other + men, men with whom I had no political connection and little personal + connection, men to whom I was, during a great part of my public life, + honestly opposed, but of whom I cannot now think without grieving that + their wisdom, their experience, and the weight of their great names can + never more, in the hour of need, bring help to the nation or to the + throne. Such were those two eminent men whom I left at the height, one of + civil, the other of military fame; one the oracle of the House of Commons, + the other the oracle of the House of Lords. There were parts of their long + public life which they would themselves, I am persuaded, on a calm + retrospect, have allowed to be justly censurable. But it is impossible to + deny that each in his own department saved the State; that one brought to + a triumphant close the most formidable conflict in which this country was + ever engaged with a foreign enemy; and that the other, at an immense + sacrifice of personal feeling and personal ambition, freed us from an + odious monopoly, which could not have existed many years longer without + producing fearful intestine discords. I regret them both: but I peculiarly + regret him who is associated in my mind with the place to which you have + sent me. I shall hardly know the House of Commons without Sir Robert Peel. + On the first evening on which I took my seat in that House, more than two + and twenty years ago, he held the highest position among the Ministers of + the Crown who sate there. During all the subsequent years of my + parliamentary service I scarcely remember one important discussion in + which he did not bear a part with conspicuous ability. His figure is now + before me: all the tones of his voice are in my ears; and the pain with + which I think that I shall never hear them again would be embittered by + the recollection of some sharp encounters which took place between us, + were it not that at last there was an entire and cordial reconciliation, + and that, only a very few days before his death, I had the pleasure of + receiving from him marks of kindness and esteem of which I shall always + cherish the recollection. + </p> + <p> + But, Gentlemen, it is not only by those changes which the natural law of + mortality produces, it is not only by the successive disappearances of + eminent men that the face of the world has been changed during the five + years which have elapsed since we met here last. Never since the origin of + our race have there been five years more fertile of great events, five + years which have left behind them a more awful lesson. We have lived many + lives in that time. The revolutions of ages have been compressed into a + few months. France, Germany, Hungary, Italy,—what a history has + theirs been! When we met here last, there was in all of those countries an + outward show of tranquillity; and there were few, even of the wisest among + us, who imagined what wild passions, what wild theories, were fermenting + under that peaceful exterior. An obstinate resistance to a reasonable + reform, a resistance prolonged but for one day beyond the time, gave the + signal for the explosion; and in an instant, from the borders of Russia to + the Atlantic Ocean, everything was confusion and terror. The streets of + the greatest capitals of Europe were piled up with barricades, and were + streaming with civil blood. The house of Orleans fled from France: the + Pope fled from Rome: the Emperor of Austria was not safe at Vienna. There + were popular institutions in Florence; popular institutions at Naples. One + democratic convention sat at Berlin; another democratic convention at + Frankfort. You remember, I am sure, but too well, how some of the wisest + and most honest friends of liberty, though inclined to look with great + indulgence on the excesses inseparable from revolutions, began first to + doubt and then to despair of the prospects of mankind. You remember how + all sorts of animosity, national, religious, and social, broke forth + together. You remember how with the hatred of discontented subjects to + their governments was mingled the hatred of race to race and of class to + class. For myself, I stood aghast; and though naturally of a sanguine + disposition, I did for one moment doubt whether the progress of society + was not about to be arrested, nay, to be suddenly and violently turned + back; whether we were not doomed to pass in one generation from the + civilisation of the nineteenth century to the barbarism of the fifth. I + remembered that Adam Smith and Gibbon had told us that the dark ages were + gone, never more to return, that modern Europe was in no danger of the + fate which had befallen the Roman empire. That flood, they said, would no + more return to cover the earth: and they seemed to reason justly: for they + compared the immense strength of the enlightened part of the world with + the weakness of the part which remained savage; and they asked whence were + to come the Huns and the Vandals, who should again destroy civilisation? + It had not occurred to them that civilisation itself might engender the + barbarians who should destroy it. It had not occurred to them that in the + very heart of great capitals, in the neighbourhood of splendid palaces, + and churches, and theatres, and libraries, and museums, vice and ignorance + might produce a race of Huns fiercer than those who marched under Attila, + and of Vandals more bent on destruction than those who followed Genseric. + Such was the danger. It passed by. Civilisation was saved, but at what a + price! The tide of popular feeling turned and ebbed almost as fast as it + had risen. Imprudent and obstinate opposition to reasonable demands had + brought on anarchy; and as soon as men had a near view of anarchy they + fled in terror to crouch at the feet of despotism. To the dominion of mobs + armed with pikes succeeded the sterner and more lasting dominion of + disciplined armies. The Papacy rose from its debasement; rose more + intolerant and insolent than before; intolerant and insolent as in the + days of Hildebrand; intolerant and insolent to a degree which dismayed and + disappointed those who had fondly cherished the hope that the spirit which + had animated the Crusaders and the Inquisitors had been mitigated by the + lapse of years and by the progress of knowledge. Through all that vast + region, where little more than four years ago we looked in vain for any + stable authority, we now look in vain for any trace of constitutional + freedom. And we, Gentlemen, in the meantime, have been exempt from both + those calamities which have wrought ruin all around us. The madness of + 1848 did not subvert the British throne. The reaction which followed has + not destroyed British liberty. + </p> + <p> + And why is this? Why has our country, with all the ten plagues raging + around her, been a land of Goshen? Everywhere else was the thunder and the + fire running along the ground,—a very grievous storm,—a storm + such as there was none like it since man was on the earth; yet everything + tranquil here; and then again thick night, darkness that might be felt; + and yet light in all our dwellings. We owe this singular happiness, under + the blessing of God, to a wise and noble constitution, the work of many + generations of great men. Let us profit by experience; and let us be + thankful that we profit by the experience of others, and not by our own. + Let us prize our constitution: let us purify it: let us amend it; but let + us not destroy it. Let us shun extremes, not only because each extreme is + in itself a positive evil, but also because each extreme necessarily + engenders its opposite. If we love civil and religious freedom, let us in + the day of danger uphold law and order. If we are zealous for law and + order, let us prize, as the best safeguard of law and order, civil and + religious freedom. + </p> + <p> + Yes, Gentlemen; if I am asked why we are free with servitude all around + us, why our Habeas Corpus Act has not been suspended, why our press is + still subject to no censor, why we still have the liberty of association, + why our representative institutions still abide in all their strength, I + answer, It is because in the year of revolutions we stood firmly by our + Government in its peril; and, if I am asked why we stood by our Government + in its peril, when men all around us were engaged in pulling Governments + down, I answer, It was because we knew that though our Government was not + a perfect Government, it was a good Government, that its faults admitted + of peaceable and legal remedies, that it had never inflexibly opposed just + demands, that we had obtained concessions of inestimable value, not by + beating the drum, not by ringing the tocsin, not by tearing up the + pavement, not by running to the gunsmiths' shops to search for arms, but + by the mere force of reason and public opinion. And, Gentlemen, preeminent + among those pacific victories of reason and public opinion, the + recollection of which chiefly, I believe, carried us safely through the + year of revolutions and through the year of counter-revolutions, I would + place two great reforms, inseparably associated, one with the memory of an + illustrious man, who is now beyond the reach of envy, the other with the + name of another illustrious man, who is still, and, I hope, long will be, + a living mark for distinction. I speak of the great commercial reform of + 1846, the work of Sir Robert Peel, and of the great parliamentary reform + of 1832, the work of many eminent statesmen, among whom none was more + conspicuous than Lord John Russell. I particularly call your attention to + those two great reforms, because it will, in my opinion, be the especial + duty of that House of Commons in which, by your distinguished favour, I + have a seat, to defend the commercial reform of Sir Robert Peel, and to + perfect and extend the parliamentary reform of Lord John Russell. + </p> + <p> + With respect to the commercial reform, though I say it will be a sacred + duty to defend it, I do not apprehend that we shall find the task very + difficult. Indeed, I doubt whether we have any reason to apprehend a + direct attack upon the system now established. From the expressions used + during the last session, and during the late elections, by the Ministers + and their adherents, I should, I confess, find it utterly impossible to + draw any inference whatever. They have contradicted each other; and they + have contradicted themselves. Nothing would be easier than to select from + their speeches passages which would prove them to be Freetraders, and + passages which would prove them to be protectionists. But, in truth, the + only inference which can properly be drawn from a speech of one of these + gentlemen in favour of Free Trade is, that, when he spoke, he was standing + for a town; and the only inference which can be drawn from the speech of + another in favour of Protection is, that, when he spoke, he was standing + for a county. I quitted London in the heat of the elections. I left behind + me a Tory candidate for Westminster and a Tory candidate for Middlesex, + loudly proclaiming themselves Derbyites and Freetraders. All along my + journey through Berkshire and Wiltshire I heard nothing but the cry of + Derby and Protection; but when I got to Bristol, the cry was Derby and + Free Trade again. On one side of the Wash, Lord Stanley, the + Under-Secretary of State for the Foreign Department, a young nobleman of + great promise, a young nobleman who appears to me to inherit a large + portion of his father's ability and energy, held language which was + universally understood to indicate that the Government had altogether + abandoned all thought of Protection. Lord Stanley was addressing the + inhabitants of a town. Meanwhile, on the other side of the Wash, the + Chancellor of the Duchy of Lancaster was haranguing the farmers of + Lincolnshire; and, when somebody took it upon him to ask, "What will you + do, Mr Christopher, if Lord Derby abandons Protection?" the Chancellor of + the Duchy refused to answer a question so monstrous, so insulting to Lord + Derby. "I will stand by Lord Derby," he said, "because I know that Lord + Derby will stand by Protection." Well, these opposite declarations of two + eminent persons, both likely to know the mind of Lord Derby on the + subject, go forth, and are taken up by less distinguished adherents of the + party. The Tory candidate for Leicestershire says, "I put faith in Mr + Christopher: while you see Mr Christopher in the Government, you may be + assured that agriculture will be protected." But, in East Surrey, which is + really a suburb of London, I find the Tory candidate saying, "Never mind + Mr Christopher. I trust to Lord Stanley. What should Mr Christopher know + on the subject? He is not in the Cabinet: he can tell you nothing about + it." Nay, these tactics were carried so far that Tories who had formerly + been for Free Trade, turned Protectionists if they stood for counties; and + Tories, who had always been furious Protectionists, declared for Free + Trade, without scruple or shame, if they stood for large towns. Take for + example Lord Maidstone. He was once one of the most vehement + Protectionists in England, and put forth a small volume, which, as I am an + elector of Westminster, and as he was a candidate for Westminster, I + thought it my duty to buy, in order to understand his opinions. It is + entitled Free Trade Hexameters. Of the poetical merits of Lord Maidstone's + hexameters I shall not presume to give an opinion. You may all form an + opinion for yourselves by ordering copies. They may easily be procured: + for I was assured, when I bought mine in Bond Street, that the supply on + hand was still considerable. But of the political merits of Lord + Maidstone's hexameters I can speak with confidence; and it is impossible + to conceive a fiercer attack, according to the measure of the power of the + assailant, than that which his lordship made on Sir Robert Peel's policy. + On the other hand, Sir Fitzroy Kelly, who is now Solicitor General, and + who was Solicitor General under Sir Robert Peel, voted steadily with Sir + Robert Peel, doubtless from a regard to the public interest, which would + have suffered greatly by the retirement of so able a lawyer from the + service of the Crown. Sir Fitzroy did not think it necessary to lay down + his office even when Sir Robert Peel brought in the bill which established + a free trade in corn. But unfortunately, Lord Maidstone becomes a + candidate for the City of Westminster, and Sir Fitzroy Kelly stands for an + agricultural county. Instantly, therefore, Lord Maidstone forgets his + verses, and Sir Fitzroy Kelly forgets his votes. Lord Maidstone declares + himself a convert to the opinions of Sir Robert Peel; and Sir Robert + Peel's own Solicitor General lifts up his head intrepidly, and makes a + speech, apparently composed out of Lord Maidstone's hexameters. + </p> + <p> + It is therefore, Gentlemen, utterly impossible for me to pretend to infer, + from the language held by the members of the Government, and their + adherents, what course they will take on the subject of Protection. + Nevertheless, I confidently say that the system established by Sir Robert + Peel is perfectly safe. The law which repealed the Corn Laws stands now on + a much firmer foundation than when it was first passed. We are stronger + than ever in reason; and we are stronger than ever in numbers. We are + stronger than ever in reason, because what was only prophecy is now + history. No person can now question the salutary effect which the repeal + of the Corn Laws has had on our trade and industry. We are stronger than + ever in numbers. You, I am sure, recollect the time when a formidable + opposition to the repeal of the Corn Laws was made by a class which was + most deeply interested in that repeal; I mean the labouring classes. You + recollect that, in many large towns, ten years ago, the friends of Free + Trade could not venture to call meetings for the purpose of petitioning + against the Corn Laws, for fear of being interrupted by a crowd of working + people, who had been taught by a certain class of demagogues to say that + the question was one in which working people had no interest, that it was + purely a capitalist's question, that, if the poor man got a large loaf + instead of a small one, he would get from the capitalist only a sixpence + instead of a shilling. I never had the slightest faith in those doctrines. + Experience even then seemed to me completely to confute them. I compared + place with place; and I found that, though bread was dearer in England + than in Ohio, wages were higher in Ohio than in England. I compared time + with time; and I saw that those times when bread was cheapest in England, + within my own memory, were also the times in which the condition of the + labouring classes was the happiest. But now the experiment has been tried + in a manner which admits of no dispute. I should be glad to know, if there + were now an attempt made to impose a tax on corn, what demagogue would be + able to bring a crowd of working men to hold up their hands in favour of + such a tax. Thus strong, Gentlemen, in reason, and thus strong in numbers, + we need, I believe, apprehend no direct attack on the principles of Free + Trade. It will, however, be one of the first duties of your + representatives to be vigilant that no indirect attack shall be made on + these principles; and to take care that in our financial arrangements no + undue favour shall be shown to any class. + </p> + <p> + With regard to the other question which I have mentioned, the question of + Parliamentary Reform, I think that the time is at hand when that question + will require the gravest consideration, when it will be necessary to + reconsider the Reform Act of 1832, and to amend it temperately and + cautiously, but in a large and liberal spirit. I confess that, in my + opinion, this revision cannot be made with advantage, except by the + Ministers of the Crown. I greatly doubt whether it will be found possible + to carry through any plan of improvement if we have not the Government + heartily with us; and I must say that from the present Administration I + can, as to that matter, expect nothing good. What precisely I am to expect + from them I do not know, whether the most obstinate opposition to every + change, or the most insanely violent change. If I look to their conduct, I + find the gravest reasons for apprehending that they may at one time resist + the most just demands, and at another time, from the merest caprice, + propose the wildest innovations. And I will tell you why I entertain this + opinion. I am sorry that, in doing so, I must mention the name of a + gentleman for whom, personally, I have the highest respect; I mean Mr + Walpole, the Secretary of State for the Home Department. My own + acquaintance with him is slight; but I know him well by character; and I + believe him to be an honourable, an excellent, an able man. No man is more + esteemed in private life: but of his public conduct I must claim the right + to speak with freedom; and I do so with the less scruple because he has + himself set me an example of that freedom, and because I am really now + standing on the defensive. Mr Walpole lately made a speech to the electors + of Midhurst; and in that speech he spoke personally of Lord John Russell + as one honourable man should speak of another, and as, I am sure, I wish + always to speak of Mr Walpole. But in Lord John's public conduct Mr + Walpole found many faults. Chief among those faults was this, that his + lordship had re-opened the question of reform. Mr Walpole declared himself + to be opposed on principle to organic change. He justly said that if, + unfortunately, organic change should be necessary, whatever was done ought + to be done with much deliberation and with caution almost timorous; and he + charged Lord John with having neglected these plain rules of prudence. I + was perfectly thunderstruck when I read the speech: for I could not but + recollect that the most violent and democratic change that ever was + proposed within the memory of the oldest man had been proposed but a few + weeks before by this same Mr Walpole, as the organ of the present + Government. Do you remember the history of the Militia Bill? In general, + when a great change in our institutions is to be proposed from the + Treasury Bench, the Minister announces his intention some weeks before. + There is a great attendance: there is the most painful anxiety to know + what he is going to recommend. I well remember,—for I was present,—with + what breathless suspense six hundred persons waited, on the first of + March, 1831, to hear Lord John Russell explain the principles of his + Reform Bill. But what was his Reform Bill to the Reform Bill of the Derby + Administration? At the end of a night, in the coolest way possible, + without the smallest notice, Mr Walpole proposed to add to the tail of the + Militia Bill a clause to the effect, that every man who had served in the + militia for two years should have a vote for the county. What is the + number of those voters who were to be entitled to vote in this way for + counties? The militia of England is to consist of eighty thousand men; and + the term of service is to be five years. In ten years the number will be + one hundred and sixty thousand; in twenty years, three hundred and twenty + thousand; and in twenty-five years, four hundred thousand. Some of these + new electors will, of course, die off in twenty-five years, though the + lives are picked lives, remarkably good lives. What the mortality is + likely to be I do not accurately know; but any actuary will easily + calculate it for you. I should say, in round numbers, that you will have, + when the system has been in operation for a generation, an addition of + about three hundred thousand to the county constituent bodies; that is to + say, six thousand voters on the average will be added to every county in + England and Wales. That is surely an immense addition. And what is the + qualification? Why, the first qualification is youth. These electors are + not to be above a certain age; but the nearer you can get them to eighteen + the better. The second qualification is poverty. The elector is to be a + person to whom a shilling a-day is an object. The third qualification is + ignorance; for I venture to say that, if you take the trouble to observe + the appearance of those young fellows who follow the recruiting sergeant + in the streets, you will at once say that, among our labouring classes, + they are not the most educated, they are not the most intelligent. That + they are brave, stout lads, I fully believe. Lord Hardinge tells me that + he never saw a finer set of young men; and I have not the slightest doubt + that, if necessary, after a few weeks' training, they will be found + standing up for our firesides against the best disciplined soldiers that + the Continent can produce. But these are not the qualifications which fit + men to choose legislators. A young man who goes from the ploughtail into + the army is generally rather thoughtless and disposed to idleness. Oh! but + there is another qualification which I had forgotten: the voter must be + five feet two. There is a qualification for you! Only think of measuring a + man for the franchise! And this is the work of a Conservative Government, + this plan which would swamp all the counties in England with electors who + possess the Derby-Walpole qualifications; that is to say, youth, poverty, + ignorance, a roving disposition, and five feet two. Why, what right have + people who have proposed such a change as this to talk about—I do + not say Lord John Russell's imprudence—but the imprudence of Ernest + Jones or of any other Chartist? The Chartists, to do them justice, would + give the franchise to wealth as well as to poverty, to knowledge as well + as to ignorance, to mature age as well as to youth. But to make a + qualification compounded of disqualifications is a feat of which the whole + glory belongs to our Conservative rulers. This astounding proposition was + made, I believe, in a very thin House: but the next day the House was full + enough, everybody having come down to know what was going to happen. One + asked, why not this? and another, why not that? Are all the regular troops + to have the franchise? all the policemen? all the sailors? for, if you + give the franchise to ploughboys of twenty-one, what class of honest + Englishmen and Scotchmen can you with decency exclude? But up gets the + Home Secretary, and informs the House that the plan had not been + sufficiently considered, that some of his colleagues were not satisfied, + and that he would not press his proposition. Now, if it had happened to me + to propose such a reform at one sitting of the House, and at the next + sitting to withdraw it, because it had not been well considered, I do + think that, to the end of my life, I never should have talked about the + exceeding imprudence of reopening the question of reform; I should never + have ventured to read any other man a lecture about the caution with which + all plans of organic change ought to be framed. I repeat that, if I am to + judge from the language of the present Ministers, taken in connection with + this solitary instance of their legislative skill in the way of reform, I + am utterly at a loss what to expect. On the whole, what I do expect is + that they will offer a pertinacious, vehement, provoking opposition to + safe and reasonable change, and that then, in some moment of fear or + caprice, they will bring in, and fling on the table, in a fit of + desperation or levity, some plan which will loosen the very foundations of + society. + </p> + <p> + For my own part, I think that the question of Parliamentary Reform is one + which must soon be taken up; but it ought to be taken up by the + Government; and I hope, before long, to see in office a Ministry which + will take it up in earnest. I dare say that you will not suspect me of + saying so from any interested feeling. In no case whatever shall I again + be a member of any Ministry. During what may remain of my public life, I + shall be the servant of none but you. I have nothing to ask of any + government, except that protection which every government owes to a + faithful and loyal subject of the Queen. But I do hope to see in office + before long a Ministry which will treat this great question as it should + be treated. It will be the duty of that Ministry to revise the + distribution of power. It will be the duty of that Ministry to consider + whether small constituent bodies, notoriously corrupt, and proved to be + corrupt, such, for example, as Harwich, ought to retain the power of + sending members to Parliament. It will be the duty of such a Ministry to + consider whether small constituent bodies, even less notoriously corrupt, + ought to have, in the counsels of the empire, a share as great as that of + the West Riding of York, and twice as great as that of the county of + Perth. It will be the duty of such a Ministry to consider whether it may + not be possible, without the smallest danger to peace, law, and order, to + extend the elective franchise to classes of the community which do not now + possess it. As to universal suffrage, on that subject you already know my + opinions; and I now come before you with those opinions strengthened by + everything which, since I last professed them, has passed in Europe. We + now know, by the clearest of all proofs, that universal suffrage, even + united with secret voting, is no security against the establishment of + arbitrary power. But, Gentlemen, I do look forward, and at no very remote + period, to an extension of the franchise, such as I once thought unsafe. I + believe that such an extension will, by the course of events, be brought + about in the very best and happiest way. Perhaps I may be sanguine: but I + think that good times are coming for the labouring classes of this + country. I do not entertain that hope because I expect that Fourierism, or + Saint Simonianism, or Socialism, or any of those other "isms" for which + the plain English word is "robbery," will prevail. I know that such + schemes only aggravate the misery which they pretend to relieve. I know + that it is possible, by legislation, to make the rich poor, but that it is + utterly impossible to make the poor rich. But I believe that the progress + of experimental science, the free intercourse of nation with nation, the + unrestricted influx of commodities from countries where they are cheap, + and the unrestricted efflux of labour towards countries where it is dear, + will soon produce, nay, I believe that they are beginning to produce, a + great and most blessed social revolution. I need not tell you, Gentlemen, + that in those colonies which have been planted by our race,—and, + when I speak of our colonies I speak as well of those which have separated + from us as of those which still remain united to us,—I need not tell + you that in our colonies the condition of the labouring man has long been + far more prosperous than in any part of the Old World. And why is this? + Some people tell you that the inhabitants of Pennsylvania and New England + are better off than the inhabitants of the Old World, because the United + States have a republican form of government. But we know that the + inhabitants of Pennsylvania and New England were more prosperous than the + inhabitants of the Old World when Pennsylvania and New England were as + loyal as any part of the dominions of George the First, George the Second, + and George the Third; and we know that in Van Diemen's Land, in New + Zealand, in Australasia, in New Brunswick, in Canada, the subjects of Her + Majesty are as prosperous as they could be under the government of a + President. The real cause is that, in these new countries, where there is + a boundless extent of fertile land, nothing is easier than for the + labourer to pass from the place which is overstocked with labour to the + place which is understocked; and that thus both he who moves and he who + stays always have enough. This it is which keeps up the prosperity of the + Atlantic States of the Union. They pour their population back to the Ohio, + across the Ohio to the Mississippi, and beyond the Mississippi to the + Rocky Mountains. Everywhere the desert is receding before the advancing + flood of human life and civilisation; and, in the meantime, those who are + left behind enjoy abundance, and never endure such privations as in old + countries too often befall the labouring classes. And why has not the + condition of our labourers been equally fortunate? Simply, as I believe, + on account of the great distance which separates our country from the new + and unoccupied part of the world, and on account of the expense of + traversing that distance. Science, however, has abridged, and is + abridging, that distance: science has diminished, and is diminishing, that + expense. Already New Zealand is, for all practical purposes, nearer to us + than New England was to the Puritans who fled thither from the tyranny of + Laud. Already the ports of North America, Halifax, Boston, and New York, + are nearer to us than, within the memory of persons now living, the Island + of Skye and the county of Donegal were to London. Already emigration is + beginning to produce the same effect here which it has produced on the + Atlantic States of the Union. And do not imagine that our countryman who + goes abroad is altogether lost to us. Even if he goes from under the + dominion of the British Queen and the protection of the British flag he + will still, under the benignant system of free trade, continue to be bound + to us by close ties. If he ceases to be a neighbour, he is still a + benefactor and a customer. Go where he may, if you will but maintain that + system inviolate, it is for us that he is turning the forests into + cornfields on the banks of the Mississippi; it is for us that he is + tending his sheep and preparing his fleeces in the heart of Australasia; + and in the meantime it is from us that he receives those commodities which + are produced with most advantage in old societies, where great masses of + capital have been accumulated. His candlesticks and his pots and his pans + come from Birmingham; his knives from Sheffield; the light cotton jacket + which he wears in summer from Manchester; the good cloth coat which he + wears in winter from Leeds; and in return he sends us back, from what was + lately a wilderness, the good flour out of which is made the large loaf + which the British labourer divides among his children. I believe that it + is in these changes that we shall see the best solution of the question of + the franchise. We shall make our institutions more democratic than they + are, not by lowering the franchise to the level of the great mass of the + community, but by raising, in a time which will be very short when + compared with the existence of a nation, the great mass up to the level of + the franchise. + </p> + <p> + I feel that I must stop. I had meant to advert to some other subjects. I + had meant to say something about the ballot, to which, as you know, I have + always been favourable; something about triennial parliaments, to which, + as you know, I have always been honestly opposed; something about your + university tests; something about the cry for religious equality which has + lately been raised in Ireland; but I feel that I cannot well proceed. I + have only strength to thank you again, from the very bottom of my heart, + for the great honour which you have done me in choosing me, without + solicitation, to represent you in Parliament. I am proud of our + connection; and I shall try to act in such a manner that you may not be + ashamed of it. + </p> + <hr /> + <p> + <a name="link2H_4_0034" id="link2H_4_0034"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + EXCLUSION OF JUDGES FROM THE HOUSE OF COMMONS. (JUNE 1, 1853) A SPEECH + DELIVERED IN THE HOUSE OF COMMONS ON THE 1ST OF JUNE 1853. + </h2> + <p> + On the first of June 1853, Lord Hotham, Member for Kent, moved the third + reading of a bill of which the chief object was to make the Master of the + Rolls incapable of sitting in the House of Commons. Mr Henry Drummond, + Member for Surrey, moved that the bill should be read a third time that + day six months. In support of Mr Drummond's amendment the following Speech + was made. + </p> + <p> + The amendment was carried by 224 votes to 123. + </p> + <p> + I cannot, Sir, suffer the House to proceed to a division without + expressing the very strong opinion which I have formed on this subject. I + shall give my vote, with all my heart and soul, for the amendment moved by + my honourable friend the Member for Surrey. I never gave a vote in my life + with a more entire confidence that I was in the right; and I cannot but + think it discreditable to us that a bill for which there is so little to + be said, and against which there is so much to be said, should have been + permitted to pass through so many stages without a division. + </p> + <p> + On what grounds, Sir, does the noble lord, the Member for Kent, ask us to + make this change in the law? The only ground, surely, on which a + Conservative legislator ought ever to propose a change in the law is this, + that the law, as it stands, has produced some evil. Is it then pretended + that the law, as it stands, has produced any evil? The noble lord himself + tells you that it has produced no evil whatever. Nor can it be said that + the experiment has not been fairly tried. This House and the office of + Master of the Rolls began to exist, probably in the same generation, + certainly in the same century. During six hundred years this House has + been open to Masters of the Rolls. Many Masters of the Rolls have sate + here, and have taken part, with great ability and authority, in our + deliberations. To go no further back than the accession of the House of + Hanover, Jekyll was a member of this House, and Strange, and Kenyon, and + Pepper Arden, and Sir William Grant, and Sir John Copley, and Sir Charles + Pepys, and finally Sir John Romilly. It is not even pretended that any one + of these eminent persons was ever, on any single occasion, found to be the + worse member of this House for being Master of the Rolls, or the worse + Master of the Rolls for being a member of this House. And if so, is it, I + ask, the part of a wise statesman, is it, I ask still more emphatically, + the part of a Conservative statesman, to alter a system which has lasted + six centuries, and which has never once, during all those centuries, + produced any but good effects, merely because it is not in harmony with an + abstract principle? + </p> + <p> + And what is the abstract principle for the sake of which we are asked to + innovate in reckless defiance of all the teaching of experience? It is + this; that political functions ought to be kept distinct from judicial + functions. So sacred, it seems, is this principle, that the union of the + political and judicial characters ought not to be suffered to continue + even in a case in which that union has lasted through many ages without + producing the smallest practical inconvenience. "Nothing is so hateful," I + quote the words of the noble lord who brought in this bill, "nothing is so + hateful as a political judge." + </p> + <p> + Now, Sir, if I assent to the principle laid down by the noble lord, I must + pronounce his bill the most imbecile, the most pitiful, attempt at reform + that ever was made. The noble lord is a homoeopathist in state medicine. + His remedies are administered in infinitesimal doses. If he will, for a + moment, consider how our tribunals are constituted, and how our parliament + is constituted, he will perceive that the judicial and political character + are, through all grades, everywhere combined, everywhere interwoven, and + that therefore the evil which he proposes to remove vanishes, as the + mathematicians say, when compared with the immense mass of evil which he + leaves behind. + </p> + <p> + It has been asked, and very sensibly asked, why, if you exclude the Master + of the Rolls from the House, you should not also exclude the Recorder of + the City of London. I should be very sorry to see the Recorder of the City + of London excluded. But I must say that the reasons for excluding him are + ten times as strong as the reasons for excluding the Master of the Rolls. + For it is well-known that political cases of the highest importance have + been tried by Recorders of the City of London. But why not exclude all + Recorders, and all Chairmen of Quarter Sessions? I venture to say that + there are far stronger reasons for excluding a Chairman of Quarter + Sessions than for excluding a Master of the Rolls. I long ago attended, + during two or three years, the Quarter Sessions of a great county. There I + constantly saw in the chair an eminent member of this House. An excellent + criminal judge he was. Had he been a veteran lawyer, he could hardly have + tried causes more satisfactorily or more expeditiously. But he was a keen + politician: he had made a motion which had turned out a Government; and + when he died he was a Cabinet Minister. Yet this gentleman, the head of + the Blue interest, as it was called, in his county, might have had to try + men of the Orange party for rioting at a contested election. He voted for + the corn laws; and he might have had to try men for breaches of the peace + which had originated in the discontent caused by the corn laws. He was, as + I well remember, hooted, and, I rather think, pelted too, by the mob of + London for his conduct towards Queen Caroline; and, when he went down to + his county, he might have had to sit in judgment on people for breaking + windows which had not been illuminated in honour of Her Majesty's victory. + This is not a solitary instance. There are, I dare say, in this House, + fifty Chairmen of Quarter Sessions. And this is an union of judicial and + political functions against which there is really much to be said. For it + is important, not only that the administration of justice should be pure, + but that it should be unsuspected. Now I am willing to believe that the + administration of justice by the unpaid magistrates in political cases is + pure: but unsuspected it certainly is not. It is notorious that, in times + of political excitement, the cry of the whole democratic press always is + that a poor man, who has been driven by distress to outrage, has far + harder measure at the Quarter Sessions than at the Assizes. So loud was + this cry in 1819 that Mr Canning, in one of his most eloquent speeches, + pronounced it the most alarming of all the signs of the times. See then + how extravagantly, how ludicrously inconsistent your legislation is. You + lay down the principle that the union of political functions and judicial + functions is a hateful abuse. That abuse you determine to remove. You + accordingly leave in this House a crowd of judges who, in troubled times, + have to try persons charged with political offences; of judges who have + often been accused, truly or falsely, of carrying to the judgment seat + their political sympathies and antipathies; and you shut out of the house + a single judge, whose duties are of such a nature that it has never once, + since the time of Edward the First, been even suspected that he or any of + his predecessors has, in the administration of justice, favoured a + political ally, or wronged a political opponent. + </p> + <p> + But even if I were to admit, what I altogether deny, that there is + something in the functions of the Master of the Rolls which makes it + peculiarly desirable that he should not take any part in politics, I + should still vote against this bill, as most inconsistent and inefficient. + If you think that he ought to be excluded from political assemblies, why + do not you exclude him? You do no such thing. You exclude him from the + House of Commons, but you leave the House of Lords open to him. Is not the + House of Lords a political assembly? And is it not certain that, during + several generations, judges have generally had a great ascendency in the + House of Lords? A hundred years ago a great judge, Lord Hardwicke, + possessed an immense influence there. He bequeathed his power to another + great judge, Lord Mansfield. When age had impaired the vigour of Lord + Mansfield, the authority which he had, during many years, enjoyed, passed + to a third judge, Lord Thurlow. Everybody knows what a dominion that + eminent judge, Lord Eldon, exercised over the peers, what a share he took + in making and unmaking ministries, with what idolatrous veneration he was + regarded by one great party in the State, with what dread and aversion he + was regarded by the other. When the long reign of Lord Eldon had + terminated, other judges, Whig and Tory, appeared at the head of + contending factions. Some of us can well remember the first ten days of + October, 1831. Who, indeed, that lived through those days can ever forget + them? It was the most exciting, the most alarming political conjuncture of + my time. On the morning of the eighth of October, the Reform Bill, after a + discussion which had lasted through many nights, was rejected by the + Lords. God forbid that I should again see such a crisis! I can never hope + again to hear such a debate. It was indeed a splendid display of various + talents and acquirements. There are, I dare say, some here who, like + myself, watched through the last night of that conflict till the late + autumnal dawn, sometimes walking up and down the long gallery, sometimes + squeezing ourselves in behind the throne, or below the bar, to catch the + eloquence of the great orators who, on that great occasion, surpassed + themselves. There I saw, in the foremost ranks, confronting each other, + two judges, on one side Lord Brougham, Chancellor of the realm, on the + other Lord Lyndhurst, Chief Baron of the Exchequer. How eagerly we hung on + their words! How eagerly those words were read before noon by hundreds of + thousands in the capital, and within forty-eight hours, by millions in + every part of the kingdom! With what a burst of popular fury the decision + of the House was received by the nation! The ruins of Nottingham Castle, + the ruins of whole streets and squares at Bristol, proved but too well to + what a point the public feeling had been wound up. If it be true that + nothing is so hateful to the noble lord, the Member for Kent, as a judge + who takes part in political contentions, why does he not bring in a bill + to prevent judges from entering those lists in which Lord Brougham and + Lord Lyndhurst then encountered each other? But no: the noble lord is + perfectly willing to leave those lists open to the Master of the Rolls. + The noble lord's objection is not to the union of the judicial character + and the political character. He is quite willing that anywhere but here + judges should be politicians. The Master of the Rolls may be the soul of a + great party, the head of a great party, the favourite tribune of a stormy + democracy, the chief spokesman of a haughty aristocracy. He may do all + that declamation and sophistry can do to inflame the passions or mislead + the judgment of a senate. But it must not be in this room. He must go a + hundred and fifty yards hence. He must sit on a red bench, and not on a + green one. He must say, "My Lords," and not "Mr Speaker." He must say, + "Content," and not "Aye." And then he may, without at all shocking the + noble lord, be the most stirring politician in the kingdom. + </p> + <p> + But I am understating my case. I am greatly understating it. For, Sir, + this union of the judicial character and the political character, in + Members of the other House of Parliament, is not a merely accidental + union. Not only may judges be made peers; but all the peers are + necessarily judges. Surely when the noble lord told us that the union of + political functions and of judicial functions was the most hateful of all + things, he must have forgotten that, by the fundamental laws of the realm, + a political assembly is the supreme court of appeal, the court which + finally confirms or annuls the judgments of the courts, both of common law + and of equity, at Westminster, of the courts of Scotland, of the courts of + Ireland, of this very Master of the Rolls about whom we are debating. + Surely, if the noble lord's principle be a sound one, it is not with the + Master of the Rolls but with the House of Peers that we ought to begin. + For, beyond all dispute, it is more important that the court above should + be constituted on sound principles than that the court below should be so + constituted. If the Master of the Rolls goes wrong, the House of Peers may + correct his errors. But who is to correct the errors of the House of + Peers? All these considerations the noble lord overlooks. He is quite + willing that the peers shall sit in the morning as judges, shall determine + questions affecting the property, the liberty, the character of the + Queen's subjects, shall determine those questions in the last resort, + shall overrule the decisions of all the other tribunals in the country; + and that then, in the afternoon, these same noble persons shall meet as + politicians, and shall debate, sometimes rather sharply, sometimes in a + style which we dare not imitate for fear that you, Sir, should call us to + order, about the Canadian Clergy Reserves, the Irish National Schools, the + Disabilities of the Jews, the Government of India. I do not blame the + noble lord for not attempting to alter this state of things. We cannot + alter it, I know, without taking up the foundations of our constitution. + But is it not absurd, while we live under such a constitution, while, + throughout our whole system from top to bottom, political functions and + judicial functions are combined, to single out, not on any special ground, + but merely at random, one judge from a crowd of judges, and to exclude + him, not from all political assemblies, but merely from one political + assembly? Was there ever such a mummery as the carrying of this bill to + the other House will be, if, unfortunately, it should be carried thither. + The noble lord, himself, I have no doubt, a magistrate, himself at once a + judge and a politician, accompanied by several gentlemen who are at once + judges and politicians, will go to the bar of the Lords, who are all at + once judges and politicians, will deliver the bill into the hands of the + Chancellor, who is at once the chief judge of the realm and a Cabinet + Minister, and will return hither proud of having purified the + administration of justice from the taint of politics. + </p> + <p> + No, Sir, no; for the purpose of purifying the administration of justice + this bill is utterly impotent. It will be effectual for one purpose, and + for one purpose only, for the purpose of weakening and degrading the House + of Commons. This is not the first time that an attempt has been made, + under specious pretexts, to lower the character and impair the efficiency + of the assembly which represents the great body of the nation. More than a + hundred and fifty years ago there was a general cry that the number of + placemen in Parliament was too great. No doubt, Sir, the number was too + great: the evil required a remedy: but some rash and short-sighted though + probably well meaning men, proposed a remedy which would have produced far + more evil than it would have removed. They inserted in the Act of + Settlement a clause providing that no person who held any office under the + Crown should sit in this House. The clause was not to take effect till the + House of Hanover should come to the throne; and, happily for the country, + before the House of Hanover came to the throne, the clause was repealed. + Had it not been repealed, the Act of Settlement would have been, not a + blessing, but a curse to the country. There was no want, indeed, of + plausible and popular commonplaces in favour of this clause. No man, it + was said, can serve two masters. A courtier cannot be a good guardian of + public liberty. A man who derives his subsistence from the taxes cannot be + trusted to check the public expenditure. You will never have purity, you + will never have economy, till the stewards of the nation are independent + of the Crown, and dependent only on their constituents. Yes; all this + sounded well: but what man of sense now doubts that the effect of a law + excluding all official men from this House would have been to depress that + branch of the legislature which springs from the people, and to increase + the power and consideration of the hereditary aristocracy? The whole + administration would have been in the hands of peers. The chief object of + every eminent Commoner would have been to obtain a peerage. As soon as any + man had gained such distinction here by his eloquence and knowledge that + he was selected to fill the post of Chancellor of the Exchequer, Secretary + of State, or First Lord of the Admiralty, he would instantly have turned + his back on what would then indeed have been emphatically the Lower House, + and would have gone to that chamber in which alone it would have been + possible for him fully to display his abilities and fully to gratify his + ambition. Walpole and Pulteney, the first Pitt and the second Pitt, Fox, + Windham, Canning, Peel, all the men whose memory is inseparably associated + with this House, all the men of whose names we think with pride as we pass + through St Stephen's Hall, the place of their contentions and their + triumphs, would, in the vigour and prime of life, have become Barons and + Viscounts. The great conflict of parties would have been transferred from + the Commons to the Lords. It would have been impossible for an assembly, + in which not a single statesman of great fame, authority, and experience + in important affairs would have been found, to hold its own against an + assembly in which all our eminent politicians and orators would have been + collected. All England, all Europe, would have been reading with + breathless interest the debates of the peers, and looking with anxiety for + the divisions of the peers, while we, instead of discussing high questions + of state, and giving a general direction to the whole domestic and foreign + policy of the realm, should have been settling the details of canal bills + and turnpike bills. + </p> + <p> + The noble lord, the Member for Kent does not, it is true, propose so + extensive and important a change as that which the authors of the Act of + Settlement wished to make. But the tendency of this bill is, beyond all + doubt, to make this House less capable than it once was, and less capable + than the other House now is, of discharging some of the most important + duties of a legislative assembly. + </p> + <p> + Of the duties of a legislative assembly, the noble lord, and some of those + gentlemen who support his bill, seem to me to have formed a very imperfect + notion. They argue as if the only business of the House of Commons was to + turn one set of men out of place, and to bring another set into place; as + if a judge could find no employment here but factious wrangling. Sir, it + is not so. There are extensive and peaceful provinces of parliamentary + business far removed from the fields of battle where hostile parties + encounter each other. A great jurist, seated among us, might, without + taking any prominent part in the strife between the Ministry and the + Opposition, render to his country most valuable service, and earn for + himself an imperishable name. Nor was there ever a time when the + assistance of such a jurist was more needed, or was more likely to be + justly appreciated, than at present. No observant man can fail to perceive + that there is in the public mind a general, a growing, an earnest, and at + the same time, I must say, a most sober and reasonable desire for + extensive law reform. I hope and believe that, for some time to come, no + year will pass without progress in law reform; and I hold that of all law + reformers the best is a learned, upright, and large-minded judge. At such + a time it is that we are called upon to shut the door of this House + against the last great judicial functionary to whom the unwise legislation + of former parliaments has left it open. In the meantime the other House is + open to him. It is open to all the other judges who are not suffered to + sit here. It is open to the Judge of the Admiralty Court, whom the noble + lord, twelve or thirteen years ago, prevailed on us, in an unlucky hour, + to exclude. In the other House is the Lord Chancellor, and several retired + Chancellors, a Lord Chief Justice, in several retired Chief Justices. The + Queen may place there to-morrow the Chief Baron, the two Lords Justices, + the three Vice Chancellors, the very Master of the Rolls about whom we are + debating: and we, as if we were not already too weak for the discharge of + our functions, are trying to weaken ourselves still more. I harbour no + unfriendly feeling towards the Lords. I anticipate no conflict with them. + But it is not fit that we should be unable to bear an equal part with them + in the great work of improving and digesting the law. It is not fit that + we should be under the necessity of placing implicit confidence in their + superior wisdom, and of registering without amendment, any bill which they + may send us. To that humiliating situation we are, I grieve to say, fast + approaching. I was much struck by a circumstance which occurred a few days + ago. I heard the honourable Member for Montrose, who, by the by, is one of + the supporters of this bill, urge the House to pass the Combination Bill, + for a most extraordinary reason. "We really," he said, "cannot tell how + the law about combinations of workmen at present stands; and, not knowing + how the law at present stands, we are quite incompetent to decide whether + it ought to be altered. Let us send the bill up to the Lords. They + understand these things. We do not. There are Chancellors, and + ex-Chancellors, and Judges among them. No doubt they will do what is + proper; and I shall acquiesce in their decision." Why, Sir, did ever any + legislative assembly abdicate its functions in so humiliating a manner? Is + it not strange that a gentleman, distinguished by his love of popular + institutions, and by the jealousy with which he regards the aristocracy, + should gravely propose that, on a subject which interests and excites + hundreds of thousands of our constituents, we should declare ourselves + incompetent to form an opinion, and beg the Lords to tell us what we ought + to do? And is it not stranger still that, while he admits the incompetence + of the House to discharge some of its most important functions, and while + he attributes that incompetence to the want of judicial assistance, he + should yet wish to shut out of the House the only high judicial + functionary who is now permitted to come into it? + </p> + <p> + But, says the honourable Member for Montrose, the Master of the Rolls has + duties to perform which, if properly performed, will leave him no leisure + for attendance in this House: it is important that there should be a + division of labour: no man can do two things well; and, if we suffer a + judge to be a member of Parliament, we shall have both a bad member of + Parliament and a bad judge. + </p> + <p> + Now, Sir, if this argument proves anything, it proves that the Master of + the Rolls, and indeed all the other judges, ought to be excluded from the + House of Lords as well as from the House of Commons. But I deny that the + argument is of any weight. The division of labour has its disadvantages as + well as its advantages. In operations merely mechanical you can hardly + carry the subdivision too far; but you may very easily carry it too far in + operations which require the exercise of high intellectual powers. It is + quite true, as Adam Smith tells us, that a pin will be best made when one + man does nothing but cut the wire, when another does nothing but mould the + head, when a third does nothing but sharpen the point. But it is not true + that Michael Angelo would have been a greater painter if he had not been a + sculptor: it is not true that Newton would have been a greater + experimental philosopher if he had not been a geometrician; and it is not + true that a man will be a worse lawgiver because he is a great judge. I + believe that there is as close a connection between the functions of the + judge and the functions of the lawgiver as between anatomy and surgery. + Would it not be the height of absurdity to lay down the rule that nobody + who dissected the dead should be allowed to operate on the living? The + effect of such a division of labour would be that you would have nothing + but bungling surgery; and the effect of the division of labour which the + honourable Member for Montrose recommends will be that we shall have + plenty of bungling legislation. Who can be so well qualified to make laws + and to mend laws as a man whose business is to interpret laws and to + administer laws? As to this point I have great pleasure in citing an + authority to which the honourable Member for Montrose will, I know, be + disposed to pay the greatest deference; the authority of Mr Bentham. Of Mr + Bentham's moral and political speculations, I entertain, I must own, a + very mean opinion: but I hold him in high esteem as a jurist. Among all + his writings there is none which I value more than the treatise on + Judicial Organization. In that excellent work he discusses the question + whether a person who holds a judicial office ought to be permitted to hold + with it any other office. Mr Bentham argues strongly and convincingly + against pluralities; but he admits that there is one exception to the + general rule. A judge, he says, ought to be allowed to sit in the + legislature as a representative of the people; for the best school for a + legislator is the judicial bench; and the supply of legislative skill is + in all societies so scanty that none of it can be spared. + </p> + <p> + My honourable friend, the Member for Surrey, has completely refuted + another argument to which the noble lord, the Member for Kent, appears to + attach considerable importance. The noble lord conceives that no person + can enter this House without stooping to practice arts which would ill + become the gravity of the judicial character. He spoke particularly of + what he called the jollifications usual at elections. Undoubtedly the + festivities at elections are sometimes disgraced by intemperance, and + sometimes by buffoonery; and I wish from the bottom of my heart that + intemperance and buffoonery were the worst means to which men, reputed + upright and honourable in private life, have resorted in order to obtain + seats in the legislature. I should, indeed, be sorry if any Master of the + Rolls should court the favour of the populace by playing the mounttebank + on the hustings or on tavern tables. Still more sorry should I be if any + Master of the Rolls were to disgrace himself and his office by employing + the ministry of the Frails and the Flewkers, by sending vile emissaries + with false names, false addresses, and bags of sovereigns, to buy the + votes of the poor. No doubt a Master of the Rolls ought to be free, not + only from guilt, but from suspicion. I have not hitherto mentioned the + present Master of the Rolls. I have not mentioned him because, in my + opinion, this question ought to be decided by general and not by personal + considerations. I cannot, however, refrain from saying, with a confidence + which springs from long and intimate acquaintance, that my valued friend, + Sir John Romilly, will never again sit in this House unless he can come in + by means very different from those by which he was turned out. But, Sir, + are we prepared to say that no person can become a representative of the + English people except by some sacrifice of integrity, or at least of + personal dignity? If it be so, we had indeed better think of setting our + House in order. If it be so, the prospects of our country are dark indeed. + How can England retain her place among the nations, if the assembly to + which all her dearest interests are confided, the assembly which can, by a + single vote, transfer the management of her affairs to new hands, and give + a new direction to her whole policy, foreign and domestic, financial, + commercial, and colonial, is closed against every man who has rigid + principles and a fine sense of decorum? But it is not so. Did that great + judge, Sir William Scott, lower his character by entering this House as + Member for the University of Oxford? Did Sir John Copley lower his + character by entering this House as Member for the University of + Cambridge? But the universities, you say, are constituent bodies of a very + peculiar kind. Be it so. Then, by your own admission, there are a few + seats in this House which eminent judges have filled and may fill without + any unseemly condescension. But it would be most unjust, and in me, + especially, most ungrateful, to compliment the universities at the expense + of other constituent bodies. I am one of many members who know by + experience that a generosity and a delicacy of sentiment which would do + honour to any seat of learning may be found among the ten pound + householders of our great cities. And, Sir, as to the counties, need we + look further than to your chair? It is of as much importance that you + should punctiliously preserve your dignity as that the Master of the Rolls + should punctiliously preserve his dignity. If you had, at the last + election, done anything inconsistent with the integrity, with the gravity, + with the suavity of temper which so eminently qualify you to preside over + our deliberations, your public usefulness would have been seriously + diminished. But the great county which does itself honour by sending you + to the House required from you nothing unbecoming your character, and + would have felt itself degraded by your degradation. And what reason is + there to doubt that other constituent bodies would act as justly and + considerately towards a judge distinguished by uprightness and ability as + Hampshire has acted towards you? + </p> + <p> + One very futile argument only remains to be noticed. It is said that we + ought to be consistent; and that, having turned the Judge of the Admiralty + out of the House, we ought to send the Master of the Rolls after him. I + admit, Sir, that our system is at present very anomalous. But it is better + that a system should be anomalous than that it should be uniformly and + consistently bad. You have entered on a wrong course. My advice is first + that you stop, and secondly that you retrace your steps. The time is not + far distant when it will be necessary for us to revise the constitution of + this House. On that occasion, it will be part of our duty to reconsider + the rule which determines what public functionaries shall be admitted to + sit here, and what public functionaries shall be excluded. That rule is, I + must say, singularly absurd. It is this, that no person who holds any + office created since the twenty-fifth of October, 1705, shall be a member + of the House of Commons. Nothing can be more unreasonable or more + inconvenient. In 1705, there were two Secretaries of State and two Under + Secretaries. Consequently, to this day, only two Secretaries of State and + two Under Secretaries can sit among us. Suppose that the Home Secretary + and the Colonial Secretary are members of this House, and that the office + of Foreign Secretary becomes vacant. In that case, no member of this + House, whatever may be his qualifications, his fame in diplomacy, his + knowledge of all the politics of the Courts of Europe, can be appointed. + Her Majesty must give the Admiralty to the commoner who is, of all her + subjects, fittest for the Foreign Office, and the seals of the Foreign + Office to some peer who would perhaps be fitter for the Admiralty. Again, + the Postmaster General cannot sit in this House. Yet why not? He always + comes in and goes out with the Government: he is often a member of the + Cabinet; and I believe that he is, of all public functionaries, the + Chancellor of the Exchequer alone excepted, the one whom it would be most + convenient to have here. I earnestly hope that, before long, this whole + subject will be taken into serious consideration. As to the judges, the + rule which I should wish to see laid down is very simple. I would admit + into this House any judge whom the people might elect, unless there were + some special reason against admitting him. There is a special reason + against admitting any Irish or Scotch judge. Such a judge cannot attend + this House without ceasing to attend his court. There is a special reason + against admitting the Judges of the Queen's Bench and of the Common Pleas, + and the Barons of the Exchequer. They are summoned to the House of Lords; + and they sit there: their assistance is absolutely necessary to enable + that House to discharge its functions as the highest court of appeal; and + it would manifestly be both inconvenient and derogatory to our dignity + that members of our body should be at the beck and call of the peers. I + see no special reason for excluding the Master of the Rolls; and I would, + therefore, leave our door open to him. I would open it to the Judge of the + Admiralty, who has been most unwisely excluded. I would open it to other + great judicial officers who are now excluded solely because their offices + did not exist in 1705, particularly to the two Lords Justices, and the + three Vice Chancellors. In this way, we should, I am convinced, greatly + facilitate the important and arduous work of law reform; we would raise + the character of this House: and I need not say that with the character of + this House must rise or fall the estimation in which representative + institutions are held throughout the world. But, whether the extensive + changes which I have recommended shall be thought desirable or not, I + trust that we shall reject the bill of the noble lord. I address myself to + the Conservative members on your left hand; and I ask them whether they + are prepared to alter, on grounds purely theoretical, a system which has + lasted during twenty generations without producing the smallest practical + evil. I turn to the Liberal members on this side; and I ask them whether + they are prepared to lower the reputation and to impair the efficiency of + that branch of the legislature which springs from the people. For myself, + Sir, I hope that I am at once a Liberal and a Conservative politician; + and, in both characters, I shall give a clear and conscientious vote in + favour of the amendment moved by my honourable friend. + </p> + <hr /> + <p> + <a name="link2H_4_0035" id="link2H_4_0035"> + <!-- H2 anchor --> </a> + </p> + <div style="height: 4em;"> + <br /><br /><br /><br /> + </div> + <h2> + INDEX. + </h2> +<pre xml:space="preserve"> + Absalom and Achitophel of Dryden, character of it. + + Absolute government, theory of. + + Absolute rulers. + + Academy, the French, its services to literature. + + Addington, Henry, formation of his administration. + His position as Prime Minister. + Resigns. + Raised to the peerage. + + Aeschines, compared by Mr Mitford to Demosthenes. + + Aeschylus, his works, how regarded by Quintillian. + + Agesilaus, depressed by the constitution of Lycurgus. + + Ajax, the prayer of, in the Iliad. + + Aldrich, Dean, his mode of instructing the youths of his college. + Employs Charles Boyle to edit the letters of Phalaris. + + Alfieri, Vittorio, character of his works. + His great fault in his compositions. + + Anatomy Bill, Speech on. + + Antinomian barn preacher, story of the. + + Approbation, love of. + + Aristocratical form of government. See Oligarchy. + + Aristotle, his unrivalled excellence in analysis and combination. + Value of his general propositions. + His enlightened and profound criticism. + + Arnault, A.V., Translation from. + + Arras, cruelties of the Jacobins at. + + Arrian, his character as a historian. + + Arts, the fine, laws on which the progress and decline of depend. + + Athenian Revels, scenes from. + + Athens; disreputable character of Peiraeus. + Police officers of the city. + Favourite epithet of the city. + The Athenian orators. + Excellence to which eloquence attained at. + Dr Johnson's contemptuous derision of the civilisation of the + people of. + Their books and book education. + An Athenian day. + Defects of the Athenians' conversational education. + The law of ostracism at Athens. + Happiness of the Athenians in their term of government. + Their naval superiority. + Ferocity of the Athenians in war. + And of their dependencies in seditions. + Cause of the violence of faction in that age. + Influence of Athenian genius on the human intellect and on + private happiness. + The gifts of Athens to man. + Character of the great dramas of Athens. + Change in the temper of the Athenians in the time of + Aristophanes. + + Atterbury, Francis, his birth and early life. + Defends Martin Luther against the aspersions of Obadiah Walker. + Enters the church and becomes one of the royal chaplains. + Assists Charles Boyle in preparing an edition of the letters of + Phalaris. + His answer to Bentley's dissertation on the letters of Phalaris. + Bentley's reply. + Atterbury's defence of the clergy against the prelates. + Created a D.D. and promoted to the Deanery of Carlisle. + His pamphlets against the Whigs. + Appointed to the Deanery of Christ Church. + Removed to the Bishopric of Rochester. + His opposition to the Government of George I. + His private life. + His taste in literature and literary friends. + Thrown into prison for treason. + Deprived of his dignities and banished for life. + Calls Pope as a witness to his innocence. + Goes to Paris, and becomes Prime Minister of King James. + Retires from the court of the ex-King. + Death of his daughter. + Induced by the Pretender to return to Paris. + His defence of the charge of having garbled Clarendon's History + of the Rebellion. + His death. + + August, lines written in. + + Bacon, Lord, his description of the logomachies of the schoolmen. + And of the Utilitarian philosophy. + His mode of tracking the principle of heat. + + Barbaroux, the Girondist, his execution. + + Barere, Bertrand, Memoires de, of Carnot and David, review of + the. + Barere's true character. + His lies. + His talents as an author. + Sketch of his life. + Votes against the King. + His federal views and ultra Girondism. + His apparent zeal for the cause of order and humanity. + His motion for punishing the Jacobins. + Defeat of the Girondists. + Retains his seat at the Board of the Triumphant Mountain. + His infamous motion against the chiefs of the Girondists. + Moves that the Queen be brought before the Revolutionary + Tribunal. + Regales Robespierre and other Jacobins at a tavern on the day of + the death of the Queen. + Formation of his peculiar style of oratory. + His Carmagnoles. + Effect produced by his discourses. + Seconds Robespierre's atrocious motion in the Convention. + Becomes one of the six members of the Committee of Public Safety. + The first to proclaim terror as the order of the day. + Recommends Fouquier Tinville to the Revolutionary Committee of + Paris. + His proposal to destroy Lyons and Toulon. + His opposition to the personal defence of Danton. + His support of the wretch Lebon. + His war against learning, art, and history. + His sensual excesses. + Becomes a really cruel man. + His morning audiences and mode of treating petitions. + His orders against certain head-dresses. + Nicknames given to him. + Obtains a decree that no quarter should be given to any English + or Hanoverian soldier. + M. Carnot's defence of this barbarity. + Barere's support of Robespierre's fiendish decree. + His panegyric on Robespierre. + His motion that Robespierre and his accomplices should be put to + death. + Destruction of the power of the Jacobins. + Report on his conduct voted by the Convention. + Condemned to be removed to a distant place of confinement. + His perilous journey. + Imprisoned at Oleron. + Removed to Saintes. + Escapes to Bordeaux. + Chosen a member of the Council of Five Hundred, which refuses to + admit him. + His libel on England. + The Liberty of the Seas. + His flight to St Ouen. + Sends a copy of his work to the First Consul. + Allowed by Bonaparte to remain in Paris. + Refuses; becomes a writer and a spy to Bonaparte. + Sends his friend Demerville to the guillotine. + Spies set to watch the spy. + Ordered to quit Paris. + Employed in the lowest political drudgery. + His "Memorial Antibritannique" and pamphlets. + His fulsome adulation of the Emperor. + Causes of his failure as a journalist. + Treated with contempt by Napoleon. + His treachery to his Imperial master. + Becomes a royalist on the return of the Bourbons. + Compelled to leave France. + Returns in July 1830. + Joins the extreme left. + His last years and death. + Summary of his character. + His hatred of England. + His MS. works on divinity. + + Barre, Colonel, joins the Whig opposition. + Appointed by Pitt Clerk of the Pells. + + Bearn, the constitution of. + + Beatrice, Dante's love of. + + Beauclerc, Topham, a member of the Literary Club. + + Bentham, Mr, his defence of Mr Mill. + His merits and shortcomings. + Examination of his views. + His account of the manner in which he arrived at the "greatest + happiness principle." + Testimony to his merits. + + Bentinck, Lord William, inscription on the statue of, at + Calcutta. + + Bentley, Richard, his dissertation on the letters of Phalaris. + His answer to the attack of Atterbury. + + Bible, the English translation of the, regarded as a specimen of + the beauty and power of the English language. + + Billaud, M., becomes a member of the Committee of Public Safety. + Opposes Robespierre. + Himself brought to trial. + Condemned to be removed to a distant place of confinement. + Transported to Guiana. + His subsequent life. + + Bonaparte, Napoleon, his detestation of the cruel decree of the + Convention respecting English prisoners. + His return from Egypt, and assumption of absolute power as First + Consul. + His policy at this period. + Allows Barere to reside in Pairs. + Employs Barere as a writer and spy. + Establishes the Imperial government. + His opinion of Barere's journalism. + His defeat and abdication. + + Boswell, James, becomes a member of The Club. + His character. + His life of Johnson. + + Bourbon, Duke, character of the government of. + + Bow Street, whiggery of. + + Boyd, his translation of the Divine Comedy of Dante. + + Boyle, Charles, his college edition of the letters of Phalaris. + The answer to Bentley attributed to him. + + Boyse, the poet, his friendship with Samuel Johnson. + + Brasidas, great only when he ceased to be a Lacedaemonian. + + Brissot, the Girondist leader. + His trial. + + Brissotines, the. See Girondists. + + Buccaneer, the Last. + + Bunyan, John, age in which he produced his Pilgrim's Progress. + His birth and early life. + His notions of good and evil. + Enlists in the parliamentary army. + Returns home and marries. + His fantasies and internal sufferings. + Thrown into gaol. + His prison life. + His intimate knowledge of the Bible. + His early writings. + His abhorrence of the Quakers. + His controversies. + His answer to Edward Fowler. + His dispute with some of his own sect. + His liberation from prison. + His Pilgrim's Progress. + His Holy War. + Difficulties of. + His death and burial-place. + Fame of his Pilgrim's Progress. + + Burgundy, Duke of, his theory of good government. + + Burke, Edmund, his character of the first French republic. + And of the French National Assembly. + His vindication of himself from the charge of inconsistency. + His part in The Club. + His position in the Whig opposition. + + Burns, Robert, age in which he produced his works. + + Butler, Samuel, character of his poetry. + + Byron, Lord, his egotism and its success. + + Caesar, accounts of his campaigns, regarded as history. + + Camden, Lord, joins the Whig opposition. + + Canning, George, popular comparison of, with Mr Pitt. + His activity in Pitt's cause. + + Carey, his translation of the Divine Comedy of Dante. + + Carmagnoles, the, of Barere. + Lord Ellenborough's. + + Carmichael, Miss, or Polly, in Dr Johnson's house. + + Carnot, M. Hippolyte, his part in the Memoirs of Bertrand Barere. + + Carolan, his compositions. + + Carrier, the tyrant of Nantes, placed under arrest. + + Casti, character of his Animali Parlanti. + + Catholicism, Roman, the most poetical of all religions. + Its great revival at the beginning of the thirteenth century. + Treaty concluded by Charles II. by which he bound himself to set + up Catholicism in England. + + Catiline, Sallust's account of the Conspiracy of. + + Cavendish, Lord John, becomes Chancellor of the Exchequer. + Resigns. + + Cervantes, delight with which his Don Quixote is read. + + Charles II., King of England. + Influence of his residence abroad upon his character and tastes. + His treaty respecting Roman Catholics. + + Chatham, first Earl of, compared by Mirabeau. + His declining years. + His last appearance in the House of Lords. + + Chatham, second Earl of, his mismanagement of the Admiralty. + + Chaumette, one of the accusers of the Girondists before the + Revolutionary Tribunal. + + Christ Church, Oxford, cry of, against Bentley. + + Christianity, effect of the victory of, over paganism. + + Church of Ireland, Speech on. + + Churchill, his insult to Johnson. + + Civil War, the great. + + Clarendon, his history of the Rebellion, charge of garbling it. + + Classical writers, celebrity of the great. + + Cleomenes, causes and results of his raving cruelty. + + Clergyman, the Country, his Trip to Cambridge. + + Club, The, formation of. + Members of the. + + "Coalition," formation of the. + Universal disgust. + End of the Coalition. + + Coates, Romeo, the actor. + + Cock Lane Ghost, the. + + Collot, d'Herbois, becomes a member of the Committee of Public + Safety. + Attacked in the streets. + Brought to trial. + Condemned by the Convention to be removed to a distant place of + confinement. + His end. + + Condorcet, strength brought by him to the Girondist party. + His melancholy end. + + Confidence in Ministry of Lord Melbourne. + Speech on. + + Constantinople, empire of, its retrogression and stupefaction. + + Convention, the French, of. + The Girondists. + The Mountain. + Character of the diplomatic language during the reign of the + Convention. + + Copyright, Speeches on. + + Corday, Charlotte, her murder of Marat. + + Corn Laws, Speech on. + + Corneille, attempts of the Academy to depress the rising fame of. + + Cornwallis, General, his surrender to the Americans. + + Cottabus, the Athenian game of. + + Couthon, becomes a member of the Committee of Public Safety. + His execution. + + Cowley, Mr Abraham, and Mr John Milton, conversation between, + touching the great Civil War. + + Criticism, verbal. + Improvement of the science of criticism. + The critical and poetical faculty distinct and incompatible. + + Cyrus, Xenophon's Life of, its character. + + Dante, criticism on. + His first adventure in the popular tongue. + Influences of the times in which he lived upon his works. + His love of Beatrice. + His despair of happiness on earth. + Close connection between his intellectual and moral character. + Compared with Milton. + His metaphors and comparisons. + Little impression made by the forms of the external world upon + him. + Fascination revolting and nauseous images had for his mind. + His use of ancient mythology in his poems. + His idolatry of Virgil. + Excellence of his style. + Remarks upon the translations of the Divine Comedy. + His veneration for writers inferior to himself. + How regarded by the Italians of the fourteenth century. + + Danton, character of. + His death. + + David, M. d'Angers, the sculptor, his part in the Memoirs of + Bertrand Barere. + + De Foe, effect of his Robinson Crusoe on the imagination of the + child and the judgment of the man. + + Demerville, the Jacobin, betrayed by his friend Barere. + + Democracy, a pure. + Mr Mill's view of a pure and direct. + + Demosthenes, compared by Mr Mitford to Aeschines. + His irresistible eloquence. + + Denham, Sir John, character of his poetry. + + Denis, St, Abbey of, laid waste by Barere. + + "Dennis, St, and St George, in the Water, some Account of the + Lawsuit between the Parishes of." + + Deserted Village of Oliver Goldsmith. + + Desmoulins, Camille, his attack on the Reign of Terror. + Reply of Barere. + + Desmoulins, Mrs, in Dr Johnson's house. + + Despotic rulers. + Theory of a despotic government. + + Dies Irae. + + Dionysius, his criticisms. + + Diplomatic language used by the French Convention. + + Directory, the Executive, of France, formation of. + + Dissenters, persecution of the, by the Cavaliers. + Relieved by Charles II. + Prosecutions consequent on the enterprise of Monmouth. + The Dissenters courted by the government of James II. + + Dissenters' Chapels Bill, Speech on. + + Divine Comedy of Dante, the great source of the power of the. + Remarks on the translations of the. + + Djezzar Pasha, his cruelty. + + Doddington, Bubb, his kindness to Samuel Johnson. + + Don Quixote, delight with which it is read. + + Dorset, Earl of, his poetry. + + Drama, the old English. + Compared with that of Athens and France. + Causes of the excellence of the English drama. + Superiority of dramatic to other works of imagination. + Extinction of the drama by the Puritans. + The drama of the time of Charles II. + Dryden's plays. + + Dryden, John, place assigned to him as a poet. + His merits and defects. + Influence exercised by him on his age. + Two parts into which his life divides itself. + His small pieces presented to patrons. + Character of his Annus Mirabilis. + His rhyming plays. + His impossible men and women. + His tendency to bombast. + His attempts at fairy imagery. + His incomparable reasonings in verse. + His art of producing rich effects by familiar words. + Catholicity of his literary creed. + Causes of the exaggeration which disfigure his panegyrics. + Character of his Hind and Panther. + And of his Absalom and Achitophel. + Compared with Juvenal. + What he would probably have accomplished in an epic poem. + Compared with Milton. + + Dubois, Cardinal, his mode of dealing with public petitions. + + Dumont, M., review of his Souvenirs sur Mirabeau. + Services rendered by him to society. + His interpretation of Bentham's works. + His view of the French Revolution. + His efforts to instruct the French in political knowledge. + Sketch of the character of Mirabeau. + Of Sieyes and Talleyrand. + And of his own character. + + Dumourier, his Girondist sympathies. + His defection. + + Dundas, Henry, Lord Advocate, commencement of his friendship with + Pitt. + + Dunning, Mr, joins the Whig opposition. + + Duroc, General, his letter to Barere. + + Eady, Dr, his advertisements. + + Edinburgh Election, speech at. + + Education, Speech on. + + Education, the, of the Athenians. + Defects of their conversational education. + + Egotism, the pest of conversation. + Zest given by it to writing. + + Eleusinian mysteries, the. + + Ellenborough, Lord, his Carmagnoles. + + Ellis, Welbore. + + England, revolution in the poetry of. + Mr Mill's remarks on the British Constitution. + His view of the constitution of the English Government. + Mr Sadler's statement of the law of population in England. + The English Revolution compared with the French. + Mildness of the revolution caused by the Reform Bill. + Makes war against France. + + Epistles, Petrarch's. + + Epitaph on Henry Martyn. + + Epitaph on Lord William Bentinck. + + Epitaph on Sir Benjamin Heath Malkin. + + Epitaph on Lord Metcalfe. + + Euphuism in England. + + Euripides, mother of. + His jesuitical morality. + How regarded by Quintillian. + + Evil, question of the origin of, in the world. + + Exclusion of Judges from the House of Commons, Speech on. + + Federalism, the new crime of, in France. + Federalism as entertained by Barere. + + Fenelon, his principles of good government, as shown in his + Telemachus. + + Fluxions, discovery of the method of. + + Fortune, remedies for Good and Evil, Petrarch's. + + Fowler, Edward, John Bunyan's answer to. + + Fox, Charles James, his character. + His great political error. + The King's detestation of him. + Becomes Secretary of State under the Duke of Portland. + His India Bill. + His speeches. + + Fragments of a Roman Tale. + + France, character of the poetry of. + Characteristics of the personifications of the drama of. + Spirit excited in France at the time of the Revolution by some of + the ancient historians. + Burke's character of the French Republic. + Population of. + Condition of the government of, in 1799. + Strictures of M. Dumont on the National Assembly. + Infancy of political knowledge of the French at the period of the + Revolution. + The English Revolution compared with the French. + Arguments against the old monarchy of France. + The first compared with the second French Revolution. + Causes of the first Revolution. + Condition of France for eighty years previous to the Revolution. + Causes which immediately led to that event. + Difficulties of the Constitution of 1791. + The war with the continental coalition. + Effect of the League of Pilnitz on the position of the King. + Formation and meeting of the Convention. + The two great parties of the Convention—the Girondists and the + Mountain. + Death of the King. + Policy of the Jacobins. + The new crime of federalism. + Defection of Dumourier and appointment of the Committee of Public + Safety. + Irruption of the mob into the palace of the Tuileries. + Destruction of the Girondists. + Establishment of the Reign of Terror. + Condition of France during the reign of Louis XIV. + And during that of Louis XV. + Fenelon's principles of good government. + His views incomprehensible to his countrymen. + Loss to France on the death of the Duke of Burgundy. + The Regency of Philip of Orleans. + The Duke of Bourbon. + Downward course of the monarchy, and indications of the + forthcoming revolution. + The Greek and Roman models of the French legislators. + Victories of France in 1794. + The memorable ninth of Thermidor. + Execution of Robespierre and his accomplices. + End of the Jacobin dominion in France. + Condition of the nation at this period. + Formation of the Constitution of 1795. + Bonaparte's return from Egypt and assumption of absolute power. + Political spies in France. + Defeat of Napoleon at Waterloo. + The Chamber of Representatives. + The Royalist Chamber under the Bourbons. + Review of the policy of the Jacobins. + War declared by England against. + + French Academy, its services to literature. + + Froissart, character of his history. + + Garrick, David, relation between him and his old master Johnson. + A member of the Literary Club. + + Garth, Dr, insults Bentley and extols Boyle. + + Gates of Somnauth, the Speech on. + + Gaudet, the Girondist, his execution. + + Gensonne, the Girondist leader. + His trial. + His death. + + Geologist, Bishop Watson's description of a. + + George III., his treatment of his ministers. + + Georgics, Political. + + Germaine, Lord George. + + Gibbon, Edward, charges brought against him as a historian. + His part in The Club. + + Girondists, or Brissotines, Barere's account of the proceedings + against the. + Sketch of the political party so called. + Its struggles with the Mountain. + Accusation brought against the leaders of the party. + Defeated by the Mountain. + Impeached by their late colleague Barere. + Their trial. + Their fate. + + Goldsmith, Oliver, his birth and early life. + His first schoolmaster. + His personal appearance. + His college life. + Death of his father. + His attempts at the church, law, and physic. + His rambles on foot through Flanders, France, and Switzerland. + His disregard of truth. + His return to England, and desperate expedients to obtain a + living. + His literary drudgery. + Character of his works. + Introduced to Johnson. + One of the original members of The Club. + Removes from Breakneck Steps to the Temple. + Story of the publication of the Vicar of Wakefield. + His Traveller. + His Dramas. + His Deserted Village. + His She Stoops to Conquer. + His Histories. + His arts of selection and condensation. + His intimacy with the great talkers of the day. + His conversational powers. + How regarded by his associates. + His virtues and vices. + His death. + His cenotaph in Westminster Abbey. + His biographers. + His part in The Club. + + Gomer Chephoraod, King of Babylon, apologue of. + + Goodnatured Man, the, of Oliver Goldsmith. + + Government of India, Speech on. + + Government, proper conditions of a good. + Review of Mr Mill's Essays on, etc. + His chapter on the ends of government. + And on the means. + His view of a pure and direct democracy. + Of an oligarchy. + And of a monarchy. + Deduction of a theory of politics in the mathematical form. + Government according to Mr Mill only necessary to prevent men + from plundering each other. + His argument that no combination of the three simple forms of + government can exist. + His remarks on the British constitution. + His hope for mankind in the government of a representative body. + The real security of men against bad government. + Mr Mill's views as to the qualifications of voters for + representatives. + The desire of the poor majority to plunder the rich minority. + Effects which a general spoliation of the rich would produce. + Method of arriving at a just conclusion on the subject of the + science of government. + Mr Bentham's defence of Mr Mill's Essays. + Deduction of the theory of government from the principles of + human nature. + Remarks on the Utilitarian theory of government. + Mode of tracking the latent principle of good government. + Checks in political institutions. + Power. + Constitution of the English government. + + Greece, review of Mr Mitford's History of. + Gross ignorance of the modern historians of Greece. + The imaginative and critical schools of poetry in. + + Greeks, domestic habits of the. + Change in their temper at the close of the Peloponnesian war. + Character of their fashionable logic. + Causes of the exclusive spirit of the Greeks. + + Hall, Robert, his eloquence. + + Hamlet, causes of its power and influence. + + Happiness, principle of the greatest, of the greatest number + examined. + The most elevated station the principle is ever likely to attain. + The Westminster Reviewer's defence of the "greatest happiness + principle." + + Hayley, his translation of the Divine Comedy of Dante. + + Heat, Lord Bacon's mode of tracking the principle of. + + Hebert, the Jacobin, his vile character. + Accuses the Girondists before the Revolutionary Tribunal. + + Hebrides, Johnson's visit to the. + + Herodotus, character of his history. + His faults. + Character of the people for whom the book was composed. + His history compared with that of Thucydides. + Herodotus regarded as a delineator of character. + + Heron, Robert, his drama of News from Camperdown. + + Hervey, Henry, his kindness to Samuel Johnson. + + History, Mr Mitford's views of. + The true domain of history. + Qualifications necessary for writing. + The history of Herodotus. + That of Thucydides. + Johnson's remarks on history. + Xenophon's history. + Polybius and Arrian. + Character of the historians of the Plutarch class. + English classical associations and names compared with those of + the ancients. + Spirit excited in England and in France by the writers of the + Plutarch class. + Livy. + Caesar. + Sallust. + Tacitus. + Merits and defects of modern historians. + Froissart, Machiavelli, and Guicciardine. + Effect of the invention of printing. + Causes of the exclusiveness of the Greeks and Romans. + Effect of the victory of Christianity over paganism. + Establishment of the balance of moral and intellectual influence + in Europe. + The species of misrepresentation which abounds most in modern + historians. + Hume, Gibbon, and Mitford. + Neglect of the art of narration. + Effect of historical reading compared to that produced by foreign + travel. + Character of the perfect historian. + Instruction derived from the productions of such a writer. + + Hoche, General, refuses to obey the cruel decree of the + Convention. + + Holy War, Bunyan's. + + Homer, intense desire to know something of him. + Quintillian's criticisms on. + His inappropriate epithets. + His description of Hector at the Grecian wall. + + Hoole, the metaphysical tailor, his friendship with Samuel + Johnson. + + Horace, his comparison of poems to certain paintings. + + Hume, David, charges brought against him as a historian. + + Hyder Aly, his successes. + + Idler, Johnston's publication of the. + + Imagination and judgment. + Power of the imagination in a barbarous age. + + Inaugural Speech at Glasgow College. + + India Bill, Fox's. + + Inferno, Dante's, character of the. + + Ireland, William Pitt the first English minister who formed great + designs for the benefit of Ireland. + + Isocrates, his defence of oligarchy and tyranny. + + Italian language, Dante's first work on the. + + Italian Writers, Criticisms on the Principal. + Dante. + Petrarch. + + Italy, revolution of the poetry of. + Monti's imitation of the style of Dante. + + Jacobins of Paris, policy of the. + Excesses of the. + Materials of which the party was composed. + Their cruelties in Paris and in the provinces. + Review of the policy of the Jacobins. + + Jacobite, Epitaph on a. + + Jacobites, revival of their spirits in 1721. + Plan for a Jacobite insurrection. + + Jenyns, Soame, Dr Johnson's review of his Inquiry into the Nature + and Origin of Evil. + + Jewish Disabilities, Speech on. + + Jews, the sacred books of the, unknown to the Romans. + + Johnson, Dr Samuel, his contemptuous derision of the civilisation + of the Athenians. + His remark on history and historians. + Oliver Goldsmith introduced to. + Story of the publication of the Vicar of Wakefield. + Johnson's birth and early life. + His father. + Goes to Oxford. + His attainments at this time. + His struggles with poverty. + Becomes an incurable hypochondriac. + His literary drudgery. + His marriage. + His school near Lichfield. + Sets out for London. + Effect of his privations on his temper and deportment. + Engaged on the "Gentleman's Magazine." + His political opinions. + His Jacobite views. + His poem of London. + His associates. + His life of Richard Savage. + His dictionary. + His treatment by Lord Chesterfield. + His Vanity of Human Wishes compared with the Satire of Juvenal. + Relation between him and his pupil David Garrick. + Irene brought out. + Publication and reception of the Rambler. + Death of Mrs Johnson. + Publication of the Dictionary. + His review of Soame Jenyn's Inquiry into the Nature and Origin of + Evil. + His Idler. + Death of his mother. + Circumstances under which Rasselas was published. + His hatred of the Whigs. + Accepts a pension of three hundred a year. + His belief in ghosts. + Publication of his edition of Shakespeare's works. + Honours conferred upon him. + His colloquial talents. + His predominance in The Club. + His biographer, James Boswell. + The inmates of his house near Fleet Street. + His visit to the Hebrides. + His prejudice against the Scotch. + His exposure of Macpherson's forgery of Fingal. + His Taxation no Tyranny. + His lives of the Poets. + His declining years. + His death. + + Johnson, Michael of Lichfield. + + Jones, Sir William, his part in the Literary Club. + + Judgment and imagination. + + Julian, the Emperor, his partiality for the Greek language. + + Jurisprudence, Mr Bentham's reduction of, to a science. + + Juryman, the stipend of an Athenian. + + Just, Saint, expatiates on the guilt of Vergniaud and Petion. + Becomes a member of the Committee of Public Safety. + His doom. + His execution. + + Juvenal compared with Dryden. + His satire compared with that of Samuel Johnson. + + King, the, in the Athenian democracy. + + Kleber, General, refuses to obey the cruel decree of the + Convention. + + Lacedaemon, causes of the silent but rapid downfall of. + The development of merit prevented by the laws of. + Her foreign policy and domestic institutions. + Her government compared with that of Athens. + Her helots. + + Langton, Bennet, a member of the Literary Club. + + Latin works of Petrarch, the. + + Lebon, the Jacobin, his crimes defended by Barere. + Placed under arrest. + + Levett, Robert, the quack doctor. + + Liberty, how regarded by the later ancient writers. + How regarded by historians of the Plutarch class. + Peculiar and essentially English character of English liberty. + Political, views with which it was regarded by the French + legislators of the Revolution. + + Lies, various kinds of. + + Lincoln Cathedral, story of the painted window of. + + Literary Magazine, Johnson's contributions to the. + + Literature, on the Royal Society of. + + Literature, ancient, proper examination of. + State of literature as a calling, in the last century. + + Literature of Britain, the, Speech on. + + Livy, his faults and merits as a historian. + + London, blessing of the great fire of. + Riots in, in 1780. + + Longinus, criticism on his work on the "Sublime." + + Louis XIV., his bitter lamentations of his former extravagances. + His character as a king. + + Louis XV., condition of France when he came to the throne. + + Louis XVI., his character. + His position in 1792. + His death. + + Louis XVIII., leniency of his government at the Restoration. + + Love, honourable and chivalrous, unknown to the Greeks. + The passion as delineated in the Roman poets. + What is implied in the modern sense of the word love. + Change undergone in the nature of the passion of love in the + middle ages. + + Lycurgus, his mistaken principles of legislation. + His system of domestic slavery. + + Lyons, cruelties of the Jacobins at. + Barere's proposal to utterly annihilate it. + + Lysander, depressed by the constitution of Lycyrgus. + + Macflecnoe, of Dryden, character of the. + + Machiavelli, character of his history. + + Macpherson, his forgery of Fingal. + Threatens Dr Johnson. + + Malkin, Sir Benjamin Heath, epitaph on. + + Malthus, Mr, attacked by Mr Sadler. + + Man, the contemplation of, the noblest earthly object of man. + + Marat, his murmurs against Barere. + His death. + + Marcellus, the counterfeit oration for. + + Marie Antoinette, Queen, Barere's account of the death of. + Brought before the Revolutionary Tribunal on the motion of + Barere. + Her execution. + + Martyn, Henry, epitaph on. + + Maynooth, Speech on. + + Medical science, Petrarch's invectives on the. + + Melville, Lord, his impeachment. + + Memoirs, popularity of, as compared with that of history. + + "Memorial Antibritannique," the, of Barere. + + Metaphors, Dante's. + + Metcalfe, Lord, Epitaph on. + + Mill, Mr, review of his Essays on Government, etc. + His utilitarianism. + False principles upon which his theory rests. + Precision of his arguments and dryness of his style. + His a priori method of reasoning. + Curious instances of his peculiar turn of mind. + His views of democracy, oligarchy, and monarchy. + His fallacies. + His proposed government by a representative body. + His proposal of universal suffrage, but for males only. + The effects which a general spoliation of the rich would + engender. + His remarks on the influence of the middle rank. + Review of the Westminster Reviewer's defence of Mr Mill. + + Milton, John, compared with Dante. + Milton, Mr John, and Mr Abraham Cowley, conversation between, + touching the great Civil War. + His great modern epic. + Dryden's admiration for his genius. + + Mirabeau, Souvenirs sur, etc., M. Dumont's review of. + M. Dumont's picture of Mirabeau in the National Assembly. + Mirabeau compared to Wilkes. + And to the Earl of Chatham. + + Mitford, Mr, criticism on his History of Greece. + His principal characteristic as a historian. + Errors of almost all the most modern historians of Greece. + Estimation in which the later ancient writers have been held. + Differences between Mr Mitford and the historians who have + preceded him. + His love of singularity. + His hatred of democracy. + And love of the oligarchical form of government. + His illogical inferences and false statements. + His inconsistency with himself. + His deficiencies. + Charges of misrepresentation brought against him as a historian. + + Monarchical form of government, Mr Mill's view of a. + Moncontour, the Battle of. + + Mountain, sketch of the party in the French Convention so called. + Votes for the death of the King. + Its victory over the Girondists. + Tyranny of the Mountain. + Violence of public opinion against it. + + Naseby, the Battle of. + + National Assembly, the French. + Mr Burke's character of them. + M. Dumont's picture of the Assembly. + + Nollekens, his cenotaph of Oliver Goldsmith in Westminster Abbey. + + Nonconformists, relief of, by Charles II. + + North, Lord, and the American difficulties. + Resignation of his ministry. + The Coalition. + End of the Coalition. + + Ode on St Cecilia's Day of Dryden; its character. + + Oleron, Barere, Billaud, and Collot d'Herbois imprisoned at. + + Oligarchy, Mr Mitford's love of pure. + Examination of this sentiment. + The growth of genius always stunted by oligarchy. + Mr Mill's view of an oligarchical form of government. + + Opinion, good, of the public, causes of our regard for the. + + Orators, Athenian. + + Oratory: Excellence to which eloquence attained at Athens. + Circumstances favourable to this result. + Principles upon which poetry is to be estimated. + Causes of the difference between the English and Athenian + orators. + The history of eloquence at Athens. + Speeches of the ancients, as transmitted to us by Thucydides. + Period during which eloquence flourished most at Athens. + Coincidence between the progress of the art of war and that of + oratory. + The irresistible eloquence of Demosthenes. + The oratory of Pitt and Fox. + + Orestes, the Greek highwayman. + + Orleans, Philip, Duke of, character of him and of his Regency. + + Ossian, character of the poems of. + + Ostracism, practice of, among the Athenians. + + Othello, causes of the power of. + + Paganism, effect of the overthrow of, by Christianity. + + Pallas, the birthplace of Oliver Goldsmith. + + Paradise, Dante's, its principal merit. + + Paraphrase of a passage in the Chronicle of the Monk of St Gall. + + Paris, policy of the Jacobins of. + Their excesses. + + Parliamentary government, its advantages and disadvantages. + + Parliamentary Reform, Speeches on. + + Patronage, effect of, on literature. + + Pausanias, his insanity. + + Pauson, the Athenian painter. + + Peers, question of the sterility of the, as a class. + + Peiraeus, disreputable character of. + + People's Charter, the, Speech on. + + Pericles, his eloquence. + + Petion, the Girondist. + Saint Just's speech on his guilt. + His unfortunate end. + + Petrarch, influence of his poems on the literature of Italy. + Criticism on the works of. + Celebrity as a writer. + Causes of this. + Extraordinary sensation caused by his amatory verses. + Causes co-operating to spread his renown. + His coronation at Rome. + His poetical powers. + His genius. + Paucity of his thoughts. + His energy when speaking of the wrongs and degradation of Italy. + His poems on religious subjects. + Prevailing defect of his best compositions. + Remarks on his Latin writings. + + Phalaris of Agrigentari, the spurious letters of. + Sir W. Temple's opinion of them. + Their worthlessness shown by Bentley. + + Phillips, John, his monument refused admission into Westminster + Abbey. + + Pilgrim's Progress, Bunyan's history of the. + Its fame. + Attempts to improve and imitate it. + + Pilnitz, League of, effect of the. + + Piozzi, Mrs. + + Pisistratus, his eloquence. + + Pitt, William, popular comparison of, with Mr Canning. + His birth and early life. + His preceptor Pretyman. + His fondness for mathematics. + His knowledge of Greek and Latin. + And of modern literature. + His delight in oratory. + Studies the law. + Goes into parliament for Appleby. + Condition of the country at this period. + Pitt's first speech in Parliament. + Declines the Vice-Treasurership of Ireland. + Courts the ultra-Whig party. + His advocacy of reform. + Becomes Chancellor of the Exchequer at twenty-three years of age. + Pitt's speech and Sheridan's repartee. + His visit to the Continent with William Wilberforce. + Appointed First Lord of the Treasury and Chancellor of the + Exchequer. + His difficulties and dangers. + His power. + Review of his merits and defects. + His reported speeches. + Character of his oratory. + His private life. + His popularity. + His neglect of authors. + His talents as a leader. + Effect of the French Revolution. + His love of peace and freedom. + Unjustly charged with apostasy. + Beginning of his misfortunes. + His domestic policy. + His great designs for the benefit of Ireland. + His rupture with Addington. + His speech on the opening of the Session of 1803. + Reconstructs the government on the resignation of the Addington + ministry. + Decline of his health. + His death. + His public funeral. + Vote for paying his debts. + Review of his life. + Lines to his memory. + + Plautus, translation from his Rudens. + + Plutarch, class of historians of which he may be regarded as the + head. + His delineation of character. + + Poetry; Horace's comparison of poems to certain paintings. + Principles upon which poetry is to be estimated. + Element by which poetry is poetry. + Frame of mind required by poetry. + Absurdities of writers who attempt to give general rules for + composition. + The mechanical part of the art of poetry. + Power of the imagination in a barbarous age. + Periods of consummate excellence and of the decline of poetry. + Age of critical poetry. + The imaginative school gradually fading into the critical. + The poets of Greece. + And of Rome. + Revolution of the poetry of Italy, Spain, and England. + The critical and poetical faculties, distinct and incompatible. + Excellence of English dramatic poetry. + Extinction of the dramatic and ascendency of the fashionable + school of poetry. + Changes in the time of Charles II. + John Dryden. + + Poets, the favourite themes of the, of the present day. + Catholicity of the orthodox poetical creed. + Why good poets are bad critics. + + Police officers of Athens. + + Polybius, his character as a historian. + + Pomponius Atticus, his veneration for Greek literature. + + Pope, Alexander, condensation of the sense in his couplets. + His friendship with Bishop Atterbury. + Appears as a witness in favour of his friend. + His epitaph on Atterbury. + + Population, review of Mr Sadler's work on the law of. + His attack of Mr Malthus. + His statement of the law of population. + Extremes of population and fecundity in well-known countries. + Population of England. + Of the United States of America. + Of France. + And of Prussia. + + Portland, Duke of, formation of his Administration. + + Portrait-painting compared with history. + + Posterity, Epistle to, Petrarch's. + + Power, senses in which the word may be used. + Dependence of the happiness of nations on the real distribution + of power. + + Pretyman, Bishop of Lincoln. + His life of William Pitt. + + Printing, influence of, on modern history. + + Prior, Matthew, his intimacy with Bishop Atterbury. + + Prize poems, character of. + + Provencal poets, their amatory compositions. + + Prussia, Mr Sadler's law of population, as illustrated by the + census of Prussia. + + Psalmanazar, George, his friendship with Samuel Johnson. + + Purgatorio, Dante's, the simile of the sheep in the. + Incomparable style of the sixth canto of. + + Puritans, their prohibition of theatrical representations. + + Quakers, Bunyan's abhorrence of the. + + Quintillian, his principles of criticism. + + Quixote, the Spiritual. + + Radical War Song, a. + + Rambler, Johnson's, publication of the. + + Rasselas, Johnson's, circumstances under which it was written. + Plan of the work. + + Re-election to Parliament, Speech on. + + Reform Bill, mildness of the revolution of the. + + Reform, Parliamentary, Speeches on. + + Regent, the Prince, and the King. + + Rent, Doctrine of. + + Repeal of Union with Ireland, Speech on. + + Representation, its value as a check on the governing few. + + Revolution, the French, terms in which it is spoken of by M. + Dumont. + + Revolution, the first and second French. + Compared with the English. + And with the American. + + Reynolds, Sir Joshua, his part in the Club. + + Rich: desire of the poor majority to plunder the rich minority. + Effects which a general spoliation would produce. + + Richardson, Samuel, his opinion of the Rambler. + His kindness to Johnson. + + Robespierre, his power over the lives of his fellow-citizens. + His character. + Regaled by Barere at a tavern on the day of the Queen's death. + Atrocious decree of the Convention proposed by him. + Becomes one of the Committee of Public Safety. + Purpose of his celebrated fiendish decree. + Barere's panegyric on Robespierre. + Barere's motion to put Robespierre and his accomplices to death. + Robespierre's execution. + His character. + + Rockingham, Charles Marquis of, at the head of the Whig + opposition. + His adherents in the House of Commons. + Becomes Prime Minister. + His death. + + Roland, Madame, her courage and force of thought. + Her execution. + + Roland, the Girondist, his wife. + His fate. + + Roman Tale, Fragments of a. + + Romans, domestic habits of the. + Character of the poetry of the Romans. + Their regard for the language and literature of Greece. + Their disregard of the sacred books of the Hebrews. + Their exclusive spirit. + The Roman empire of the time of Diocletian compared with the + Chinese empire. + Effect of the victory of Christianity over paganism. + Purification of the Roman world by the invasion of the + Barbarians. + + Rousseau, his egotism and its success. + + Royal Society of Literature, on the. + + Rumford, Count, his proposition for feeding soldiers cheaply. + + Russell, Lord William, his last saying. + + Sacheverell, prosecution of. + + Sadler, Mr, review of his work on the Law of Population. + His style. + And spirit. + His attack on Mr Malthus. + His distinctions without a difference. + The great discovery by which he has vindicated the ways of + Providence. + His refutation refuted. + The motto on his title-page. + His statements examined and refuted. + + Safety, Committee of Public, formation of the, in Paris. + Names of the persons composing the. + Character of the men composing the Committee. + Its crimes and blunders. + Robespierre's fiendish motion. + + Sallust, his merits as a historian. + His conspiracy of Catiline. + + Satire of Juvenal and Dryden. + + Savage, Richard, his career. + + Schoolmen, Lord Bacon's description of the logomachies of the, of + his time. + + Scott, Sir Walter, his use of the rejected fragments of history. + + Sermon in a Churchyard. + + Shakspeare, William, language he gives to his superhuman beings. + His euphuism. + His dramas miracles of art. + His exquisite imagery. + Publication of Johnson's edition of the works of. + Character of the work. + + Shelburne, William, Earl of, in the Whig opposition. + Placed by the King at the head of the Treasury. + + Sheridan, Richard Brinsley, his repartee to Pitt. + + Sidney, Sir Philip, his dying thanksgiving. + + Sieyes, the Abbe, M. Dumont's sketch of the character of. + + Similitudes, Dante's. + + Simon, Saint, his character and opinions. + + Slavery, Domestic, the cause of the violence of factions in + ancient times. + + Smalridge, Dean of Carlisle and Christ Church. + + Song. + + Sonnet-fanciers. + + Spain, revolution of the poetry of. + + Sparta, the great men of. + Mr Mitford's admiration of the stability of the institutions of. + Real character of the Spartans. + Their kind of liberty. + + Spectator, Addison's, crowds of imitations of the. + + SPEECHES—Anatomy Bill. + Church of Ireland, the. + Confidence in Lord Melbourne's Ministry. + Copyright. + Corn Laws, the. + Dissenters' Chapels Bill. + Edinburgh Election. + Education. + Exclusion of Judges from the House of Commons. + Gates of Somnauth, the. + Government of India, the. + Inaugural Speech at Glasgow College. + Jewish Disabilities. + Literature of Britain, the. + Maynooth. + Parliamentary Reform. + People's Charter, the. + Re-election to Parliament. + Repeal of the Union with Ireland. + State of Ireland, the. + Sugar Duties, the. + Ten Hours Bill, the. + Theological Tests in the Scotch Universities. + War with China, the. + + Spencer, George Earl, his able administration of the Admiralty. + + Spies, political, in France. + Their unpopularity in England. + The modus operandi of a spy. + + State of Ireland, the Speech on. + + Stories, good, fondness of the later ancient writers for. + + "Sublime, Longinus on the." + Burke and Dugald Stewart's discussions. + + Suffrage, Universal. + + Sugar Duties, the, Speech on. + + Tacitus, his eminence as a historian. + As a delineator of character. + + Talleyrand, M. Dumont's sketch of the character of. + + Tallien, his attack on Robespierre in the Convention. + + Tasso, character of his "Secchia Rapita." + + Telephus, the, of Euripides. + + Temple, Sir William, his essay in praise of the ancient writers. + + Ten Hours Bill, the Speech on. + + Ten Thousand, Xenophon's Expedition of the, its character. + + Terror, Reign of, commencement of the, in France. + Members of the Committee of Public Safety. + Robespierre's fiendish decree. + End of the Revolutionary Tribunal. + + Themistocles, his eloquence. + + Theological Tests in the Scotch Universities, the Speech on. + + Theo-philanthropy in France. + + Thermidor, the memorable ninth of. + + Thrales, Dr Johnson's connection with the. + + Thucydides, character of the speeches of the ancients, as + transmitted to us by him. + His historical shortcomings. + His history compared with that of Herodotus. + Management of his perspective in history. + His speeches put into the mouths of his characters. + His deficiencies. + School in which he studied. + His style and philosophy. + Regarded as a delineator of character. + + Thurlow, Lord, retains the Great Seal under Lord Rockingham. + Dismissed. + Again Lord Chancellor. + + Tiberius Caesar, Tacitus's delineation of the character of. + + Tinkers in the seventeenth century. + + Tinville, Fouquier, his introduction to the Revolutionary + Tribunal of Paris. + Placed under arrest. + + Tirzah and Ahirad, marriage of. + + Toulon, Barere's proposal to destroy it. + + Traveller, Goldsmith's, publication of the. + Its noble and simple design. + + United States of America, rapid increase of the human race in + the. + Causes of this. + Results of four censuses. + Number of slaves in the Union in 1810. + And of emigrants to the United States in 1817. + Recognition of the independence of the States. + Surrender of Cornwallis. + + Universal Suffrage. + + Uses, Statute of, its practical value. + + Utilitarianism. + One of the principal tenets of. + Style of writing admired by Utilitarians. + Barren theories of the Utilitarians. + Duty of exposing the fallacy of their arguments. + Lord Bacon's description of the Utilitarian philosophy. + Mr Bentham's exposition of the Utilitarian principle. + Remarks on the Utilitarian theory of government. + Delusion of the Utilitarians. + Origin of their faults. + Real character of the sect. + Their summum bonum. + + Venice, an example of the sterility of an oligarchical form of + government. + + Vergniaud, the Girondist leader, his eloquence. + His melancholy duty in the Convention. + Charged by the Mountain before the Revolutionary Committee. + His last speech. + His death. + + Vienna, the deliverance of. + + Virgil, idolatry of Dante for the writings of. + + Virgin, Ode to the Petrarch's. + + Voltaire, reluctance of the French Academy to acknowledge the + genius of. + + Voters, qualifications of, Mr Mill's views regarding. + + Wakefield, Vicar of, story of the publication of the. + + Walker, Obadiah, the apostate. + His aspersions on Martin Luther. + + Waller, Edward, character of his poetry. + + Walmesley, Gilbert, his kindness to Samuel Johnson. + + War, difference between, in large and small communities. + + War with China, the, Speech on. + + Waterloo, battle of. + + "We," the editorial, its fatal influence on rising genius. + + Wellesley, Sir Arthur, William Pitt's remark on. + + "Wellingtoniad, a Prophetical Account of a Grand National Epic + Poem, to be entitled." + + Westminster Hall compared with the Roman Forum. + + Westminster Review, its defence of Mill reviewed. + And of the Utilitarian theory of government. + + Wharton, Duke of, his speech in defence of Atterbury. + + Whigs, the party of opposition in 1780. + Their accession to power. + + Wilberforce, William, his visit to the Continent with William + Pitt. + Returned for York. + + Wilkes, John, compared to Mirabeau. + + Williams, Mrs, in Dr Johnson's house. + + Women, condition of, among the Greeks. + Among the Romans. + Superstitious veneration with which they were regarded by the + warriors of the north of Europe. + Their insight into motives. + Rejected by Mr Mill from all share in government. + Identity of interest between the sexes. + Right of women to vote as well as men. + + Wordsworth, William, his egotism as exhibited in his writings. + + World, The. + Its remarks on the literary genius of Johnson. + + Xenophon, historical value of his treatise on Domestic Economy. + Character of his history. + His life of Cyrus. + His expedition of the Ten Thousand and History of Grecian + Affairs. + His superstition and horror of popular turbulence. + Regarded as a delineator of character. +</pre> + <p> + <br /><br /> + </p> +<pre xml:space="preserve"> + + + + + +End of the Project Gutenberg EBook of The Miscellaneous Writings and +Speeches of Lord Macaulay, Vol. 4 (of 4), by Thomas Babington Macaulay + +*** END OF THIS PROJECT GUTENBERG EBOOK WRITINGS OF LORD MACAULAY *** + +***** This file should be named 2170-h.htm or 2170-h.zip ***** +This and all associated files of various formats will be found in: + http://www.gutenberg.org/2/1/7/2170/ + +Produced by Mike Alder, Sue Asscher and David Widger + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +http://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need, is critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at http://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +http://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at http://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit http://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including checks, online payments and credit card donations. +To donate, please visit: http://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart is the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + http://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + </body> +</html> |