FOOTNOTES:

NEW POOR LAW.

The evidence laid before the commissioners not only showed how intolerable the evil had become in many counties, but also how purely artificial it was. While the aggregate amount of the poor rate had risen to more than eight millions and a half, while some parishes were going out of cultivation and in others the rates exceeded the rental, there were certain oases in the desert of agricultural distress where comparative prosperity still reigned. These were villages in which an enlightened squire or parson had set himself to strike at the root of pauperism, and to initiate local reforms in the poor-law system. It was clearly found that, where out-door relief was abolished or rigorously limited, where no allowances were made in aid of wages, and where a manly self-reliance was encouraged instead of a servile mendicity, wages rose, honest industry revived, and the wholecharacter of the village population was improved. Fortified by these successful experiments, the commissioners took a firm stand on the vital distinction, previously ignored, between poverty and pauperism. They did not shrink from recommending that, after a certain date, "the workhouse test" should be enforced against all able-bodied applicants for relief, except in the form of medical attendance, and even that women should be compelled to support their illegitimate children. They also advised a liberal change in the complicated and oppressive system of "parish settlement," whereby the free circulation of labour was constricted. They further proposed a very large reform in the administrative machinery of the poor laws, by the formation of parishes into unions, the concentration of workhouses, the separation of the sexes in workhouses, and, above all, the creation of a central poor-law board, to consist of three commissioners, and to control the whole system about to be transformed.

A bill framed upon these lines, and remedying some minor abuses, was introduced by Althorp on April 17, having been foreshadowed in the speech from the throne, and carefully matured by the cabinet. So wide and deep was the conviction of the necessity for some radical treatment of an intolerable evil that party spirit was quelled for a while, and the bill met with a very favourable reception, especially as its operation was limited to five years. It passed the second reading by a majority of 299 to 20 on May 9, notwithstanding a violent protest from De Lacy Evans, an ultra-radical, who had displaced Hobhouse at Westminster. The keynote of the radical agitation which followed was given by his declaration that "the cessation of out-door relief would lead to a revolution in the country," and by Cobbett's denunciation of the "poor man robbery bill". TheTimesnewspaper, already a great political force, took up the same cry, and had not Peel, with admirable public spirit, thrown his weight into the scale of sound economy, a formidable coalition between extremists on both sides might have been organised. He stood firm, however; radicals like Grote declined to barter principle for popularity, and the bill emerged almost unscathed from committee in the house of commons. It passed its third reading on July 2 by a majority of 157 to 50. Peel's example was followed by Wellington in the house of lords, and Brougham delivered one of his most powerful speeches in support of the measure. With some modification of the bastardy clauses and other slighter amendments it was carried by a large majority, and received the royal assent on August 4.

No other piece of legislation, except the repeal of the corn laws, has done so much to rescue the working classes of Great Britain from the misery entailed by twenty years of war. Its effect in reducing the rates was immediate; its effect in raising the character of the agricultural poor was not very long deferred. Happily for them, though not for the farmers, bread was cheap for two years after it came into force. Still, the sudden cessation of doles and pensions in aid of wages could not but work great hardship to individuals in thousands of rural parishes, and there was perhaps too little disposition on the part of the commissioners to allow any temporary relaxation of the system. The rigorous enforcement of the workhouse test, and the harsh management of workhouses, continued for years to shock the charitable sensibilities of the public, and actually produced some local riots. When the price of bread rose the clamour naturally increased, and petitions multiplied until a committee was appointed in 1837 to review the operation of the act. In the end the committee found, as might have been expected, that, however painful the state of transition, the change had permanently improved the condition of the poor in England.

QUESTION OF APPROPRIATION.

While the bill was still in the house of commons the ministry which framed it was torn by dissensions; before it came on for its second reading in the lords Grey had ceased to be premier. The disruption of his government had been foreseen for months, but it was directly caused by hopeless discord on Irish policy. Anglesey had been forced by ill-health to resign the vice-royalty, and the Marquis Wellesley, who succeeded him, was more acceptable to Irish nationalists. But the king's speech at the opening of the session contained a stern condemnation of the repeal movement. O'Connell at once declared war, and the angry feelings of his followers were inflamed by a personal and public quarrel between Althorp and Sheil. Another incident, in itself trivial, disclosed the discord prevailing in the cabinet on Irish affairs, and, though O'Connell was defeated on a motion against the union by a crushing majority of 523 to 38, the disturbed state of Ireland continued to distract the ministerial councils. The ingenious devices of Stanley and Littleton for solving the insoluble Irish tithe question had proved almost abortive; the government officials employed to collect tithe were almost as powerless to do so as the old tithe-proctors, and a new proposal to convert tithe into a land tax was naturally ridiculed by O'Connell as delusive. He made a speech so conciliatory in its tone as to startle the house, but no words, however smooth, could now conjure away the irreconcilable difference of purpose between those who regarded Church property as sacred and those who regarded it not only as at the disposal of the state, but as hitherto unjustly monopolised by a single religious communion. It was reserved for Lord John Russell to "upset the coach" by openly declaring his adhesion to "appropriation," in the sense of diverting to other objects, secular or otherwise, such revenues of the established Church as were not strictly required for the benefit of its own members. After this act of mutiny against the collective authority of the cabinet Grey's ministry was doomed.

Its ruin was consummated by a motion of Henry Ward, member for St. Albans, which expressly affirmed the right of the state to regulate the distribution of Church property and the expediency of reducing the Irish establishment. This motion was supposed to have been instigated by Durham, who had never been loyal to his colleagues. The government was notoriously divided upon it; Brougham suggested a commission of inquiry, by way of compromise; other ministerialists were in favour of meeting the difficulty by moving the previous question. Peel was prepared to support the conservative section of the government, and deprecated in strong terms "all manœuvring, all coquetting with radicals" in order to snatch a temporary party triumph.[119]

Ward's resolution was introduced on May 27, 1834, and seconded by Grote, but Althorp, instead of replying, announced the receipt of sudden news so important that he induced the house to adjourn the debate. This news was the resignation of Stanley, Graham, Richmond, and Ripon, whose views on appropriation, as afterwards appeared, were shared by Lansdowne and Spring Rice. The ministry was reconstructed by the accession of Lord Conyngham as postmaster-general, without a seat in the cabinet, and of Lord Auckland, son of Sidmouth's colleague, as first lord of the admiralty, by the appointment of Carlisle (already in the cabinet) to be lord privy seal, and the substitution of Spring Rice for Stanley at the colonial office. Edward Ellice, the secretary at war, was included in the cabinet, and James Abercromby, afterwards Lord Dunfermline, a son of the famous general, Sir Ralph Abercromby, became master of the mint with a seat in the cabinet. Poulett Thomson became president of the board of trade, and minor offices were assigned to Francis Baring, and other whig recruits. Grey himself, sick of nominal power, was dissuaded with difficulty from retiring; Althorp, conscious of failing authority, was retained in his post only by a high sense of duty. Unfortunately, he was very soon entangled by his colleague Littleton in something like an intrigue with O'Connell, which precipitated the final resignation of Grey together with his own temporary secession.

The details of this affair may be passed over in a few words. What is clear is that Brougham and Littleton, without the knowledge of Grey, had persuaded Lord Wellesley, as viceroy of Ireland, not to insist on a renewal of the coercion act in its full severity, and especially to sanction an abandonment of clauses suppressing public meetings. Having obtained Wellesley's consent behind the backs of Grey and the rest of the cabinet, Littleton with the cognisance of Althorp, proceeded to bargain with O'Connell for an abatement, at least, of his opposition to all coercion. The cabinet as a body declined to ratify any such agreement, O'Connell denounced Littleton as having played a trick upon him, and Althorp, disdaining to advocate provisions which he was almost pledged in honour to drop, resigned his office and the leadership of the commons. Grey, who could not have remained in office without the support of Althorp's great popularity in the commons, at once resolved to follow his example, and on July 9 took leave of political life in a dignified and pathetic speech. As for Ward's motion, the original cause of Grey's desertion by Stanley and his subsequent fall, it had been rejected by an enormous majority in favour of "the previous question" before Althorp's disappearance from his old position. Meanwhile Stanley availedhimself of his liberty to make one of his most dashing but least prudent speeches, and permanently compromised his reputation for statesmanship.[120]

MELBOURNE PRIME MINISTER.

No other whig possessed the prestige derived by Grey from nearly fifty years of consistent public service. Althorp commanded an extraordinary degree of confidence in the house of commons and the country, but his intellectual capacity was not of the highest order, and many expected that Peel might receive a summons from the king, whose sympathy with the whigs, never very deep, had given place to mistrust. His choice, however, fell upon Melbourne, whom he desired, if possible, to form a coalition with Peel, Wellington, and Stanley against the radicals. But neither Melbourne nor Peel would accept such a coalition, and they both showed their wisdom in declining it. The king then empowered Melbourne to patch up the whig ministry. In deference to a requisition signed by liberals of all sections, Althorp was induced to withdraw his resignation, and resumed his leadership in the commons with no apparent diminution of popularity. Duncannon, who was created a peer, succeeded Melbourne at the home office; Lord Mulgrave, son of the first earl, became lord privy seal in place of Carlisle; and Hobhouse entered the cabinet as first commissioner of woods and forests. The rest of the session was mainly spent in discussing the budget and the two Irish questions which for so many years were the curse of English politics. A surplus of two millions enabled Althorp to propitiate an importunate class of taxpayers by repealing the house tax.

It would have been more statesmanlike to repeal the window tax or reduce indirect taxation, but relief was given, as usual, to those who raised the loudest clamour, and the vindication of sound finance was reserved for a conservative administration. A second and milder Irish coercion bill was carried by a large majority, with the fatal proviso, which has marred the effect of so many later measures, that it should continue in operation for a year only. A far more serious conflict arose on the new Irish tithe bill. A complicated plan had been proposed whereby four-fifths of the tithe would have been ostensibly secured to thechurch by conversion into a rent-charge, the remaining fifth being sacrificed for the sake of peace and security. O'Connell succeeded in inducing the house of commons to adopt a counter-plan, of a very sweeping nature, whereby two-fifths of the existing tithe would have been abandoned, and the tithe owner partly compensated out of the revenues of suppressed bishoprics, aided by a state grant. The bill thus amended was rejected by a majority of 189 to 122 in the house of lords. Peel still cherished the idea of settling the question by a system of voluntary commutation, but, after the peremptory action of the lords, no compromise was likely to be acceptable, and there is some ground for the opinion that in that division the Irish Church establishment received its death-blow.

On August 15 parliament was prorogued, and the belief of Peel in the stability of the government may be inferred from the fact that he left England for Italy on October 14. During the vacation, however, two incidents occurred, trivial in themselves, but pregnant with important consequences. One of these was Brougham's triumphant progress through Scotland, where he was enthusiastically received as the saviour of his country, and assumed the air of one who not only kept the king's conscience but controlled the royal will. The story of this famous tour exhibits alike the greatness of his powers and the littleness of his character.[121]The homage paid to him was not undeserved, for he was assuredly the foremost gladiator of the whig party, and had given proofs of more varied ability than any living politician or lawyer. But the dignified eloquence of which he was capable on rare occasions was here submerged in a flood of egotistical rhetoric, which carried him away so far that he assumed a political independence which his colleagues deeply resented, and even spoke of the king in a tone of patronage. Having lowered himself in public opinion by these speeches, especially at Inverness and Aberdeen, he attended a banquet in honour of Grey at Edinburgh, where he provoked a passage at arms with Durham. The press, and especially theTimesnewspaper, which had formerly loaded him with extravagant praises, now turned against him, and ridiculed him as a political mountebank. But his worst enemy was the king.William IV.'s ill-concealed impatience of whig dictation had at last been quickened into disgust by this and other sources of irritation, when the sudden death of Althorp's father, Earl Spencer, on November 10, gave him an opportunity which he eagerly seized.

DESTRUCTION OF HOUSES OF PARLIAMENT.

By a strange fatality, this event almost coincided with the destruction by fire of the houses of parliament on October 16. This calamity was the result of a carelessness, which it is easy to condemn after the event on the part of some subordinate officials and the workmen employed by them. Down to 1826, accounts had been kept at the exchequer by means of wooden tallies, which were stored in what was called the tally-room of the exchequer. This room was required in order to provide temporary accommodation for the court of bankruptcy, and an order was given to destroy the tallies. The officials charged with the task decided to burn them in the stoves of the house of lords, and the work of burning began at half-past six in the morning of October 16. The work, hazardous in any case, was conducted by the workmen with a rapidity that their orders did not justify; the flues used for warming the house were overheated, and though the burning of the tallies was completed between four and five, the woodwork near the flues must have smouldered till it burst into flame about half-past six in the evening. In less than half an hour the house of lords was a mass of fire. About eight a change in the wind threw the flames upon the house of commons. That house was almost completely destroyed. The walls of the house of lords and of the painted chamber remained standing, while the house of lords library, the parliament offices, and Westminster Hall escaped. The king offered the parliament the use of Buckingham Palace, but it was found possible to fit up the house of lords for the commons and the painted chamber for the lords. When the legislature reassembled on February 9, 1835, a conservative ministry was in office, though not, indeed, in power.

It is difficult for a later age to understand why the accession of Althorp to a peerage should have afforded even a plausible reason for a change of ministry. The position which Althorp held in the house of commons is puzzling to a later generation.[122]It is well known that Gladstone recorded the very highest estimate of his public services. Yet he was not only no orator but scarcely in the second order of speakers, he made no pretence of far-sighted statesmanship, he was not a successful financier, and he made several blunders which must have damaged the authority of any other man. The influence which he obtained in leading the unreformed as well as the reformed house of commons was entirely due to his character for straightforward honesty, perhaps enhanced by his social rank, and his reputation for possessing all the virtues of a country gentleman. The national preference for amateurs over professionals in politics, no less than in other fields of energy, found an admirable representative in him, and he was all the more popular as a political leader because it was believed that he had no desire to be a political leader at all. At all events, he inspired confidence in all, and it was no mere whim of the king which treated his removal from the commons to the lords as an irreparable loss to Melbourne's administration.

MELBOURNE'S RESIGNATION.

It is often stated that "without a word of preparation" the king got rid of his whig ministers on November 14, 1834, and it must be admitted that he afterwards took credit to himself for their dismissal as his own personal act. But this view is not altogether borne out by contemporary evidence. A published letter, of the 12th, from Melbourne to the king shows that, as premier, he took the initiative in representing that, whereas "the government in its present form was mainly founded upon the personal weight and influence possessed by Earl Spencer in the house of commons," it was for the king to consider whether, as "that foundation is now withdrawn," a change of ministry was expedient.[123]It also appears from a letter placed by the king in Melbourne's hands that a "very confidential conversation" took place between them at Brighton, in consequence of which the king resolved to send for Wellington.[124]In the course of this conversation Melbourne informed the king that, in the opinion of the cabinet, Lord John Russell should be selected for the leadership of the house of commons. The king, incensed by Lord John's action on the Irish Church question, would not hear of this arrangement, especially as he thought Lord John "otherwise unequal to the task," and disparaged the claims of other possible candidates.[125]He also strongly resented the recent conduct of Brougham. In the end, he parted kindly and courteously from Melbourne, who actually undertook to convey the king's summons to Wellington. Another memorandum by the king, of the same date, proves that a fear of further encroachments on the church was really uppermost in his mind, and that he anticipated, not without reason, "a schism in the cabinet" on this very subject.[126]

Wellington acted with his customary promptitude, and with his customary obedience to what he regarded as a call of public duty. A certain degree of mistrust had existed between him and Peel, arising, in part, out of circumstances preceding the duke's election to the chancellorship of Oxford University. This suspension of cordiality had now passed away, and Wellington strongly urged the king to entrust Peel, then at Rome, with the formation of a new government. Hudson, afterwards known as Sir James Hudson, delivered the despatch recalling him on the night of the 25th. Peel started from Rome on the 26th and, travelling with a speed then considered marvellous, reached Dover within twelve days on the night of December 8. He was in London on the 9th, and, without consulting any one else, immediately placed his services at the king's disposal. In the meantime, Wellington had stepped into the gap, and actually held all the secretaryships of state in his own hands, pending the arrival of Peel.

The king had been encouraged to hustle his ministers unceremoniously out of office by a paragraph which appeared in theTimesof November 15. On the previous evening Brougham had been informed by Melbourne in confidence that the king had accepted his suggestion of resignation, and he carried the news to theTimes, which, without giving Brougham's name, published his message in his own words. It stated that the king had turned out the ministry, and ended with the words: "The queen has done it all". After this the king was determined to be done with his ministers as quickly as possible. It is certain that neither Wellington nor Peel wished to be thought responsible for their dismissal, the propriety of whichthey both secretly doubted. The king, however, had acted within his strict rights, and the outgoing ministers, as a whole, were not ill pleased to be relieved from the burdens of office.

Peel, though by no means hopeful of ultimate success, endeavoured to construct a cabinet on a comprehensive basis. He first obtained the king's "ready assent" to his inviting the co-operation of Stanley, who had succeeded to the courtesy title of Lord Stanley, and Sir James Graham. These overtures were declined in friendly terms, and both promised independent support. But Stanley explicitly declared that, in his judgment, "the sudden conversion of long political opposition into the most intimate alliance would shock public opinion, would be ruinous to his own character," and would rather injure than strengthen the new government.[127]After this failure, Peel felt his task well-nigh hopeless, and though he spared no effort to procure an infusion of fresh blood, he complained that after all "it would be only the duke's old cabinet".[128]There was, in fact, no man of known ability in it, except himself, the Duke of Wellington (as secretary for foreign affairs), and Lyndhurst, the chancellor; for the capacity of Aberdeen, who had been foreign secretary under Wellington, and who now became secretary for war and the colonies, and Ellenborough, who returned to the board of control, had not yet been generally recognised. Peel himself became first lord of the treasury and chancellor of the exchequer; Goulburn was home secretary, Rosslyn lord president, and Wharncliffe lord privy seal. Earl de Grey, elder brother of the Earl of Ripon, was made first lord of the admiralty, Murray became master-general of the ordnance, Alexander Baring president of the board of trade and master of the mint, Herries secretary at war, and Sir Edward Knatchbull paymaster of the forces. It was fully understood that a conservative government, even purged of ultra-tory elements, could not face the first reformed house of commons, and the dissolution which took place at the end of the year had been regarded by all as inevitable.

THE TAMWORTH MANIFESTO.

In anticipation of this event, Peel issued an address to his constituents which became celebrated as the "Tamworth manifesto". It is somewhat cumbrous in style, but it embodies withsufficient clearness the new conservative policy of which Peel was the real author and henceforth the leading exponent. It opens with an appeal to his own previous conduct in parliament, as showing that, while he was no apostate from old constitutional principles, neither was he "a defender of abuses," nor the enemy of "judicious reforms". In proof of this, he cites his action in regard to the currency and various amendments of the law; to which he might have added his adoption of catholic emancipation. He then declares, absolutely and without reserve, that he accepts the reform act as "a final and irrevocable settlement of a great constitutional question," which no friend to peace and the welfare of the country would seek, either directly or indirectly, to disturb. He approves of making "a careful review of institutions, civil and ecclesiastical, undertaken in a friendly temper," with a view to "the correction of proved abuses, and the redress of real grievances," and that "without mere superstitious reverence for ancient usages". He lays stress on his recorded assent to the principle of corporation reform, the substitution of a treasury grant for Church rates, the relief of dissenters from various civil disabilities (but not from university tests), the restriction of pensions (saving vested interests), the redistribution of Church revenues and the commutation of tithes, but so that no ecclesiastical property be diverted to secular uses. After these specific pledges, the Tamworth manifesto concludes with more general professions of a progressive conservatism equally removed from what are now called "advanced radicalism" and "tory democracy".[129]It was, of course, too liberal for the followers of Eldon, and was ridiculed as colourless by extreme reformers, but its effect on the country was great, and it did much to win popular confidence for the new ministry. If such a policy must be called opportunism, it was opportunism in its best form; and opportunism in its best form, under the conditions of party government, is not far removed from political wisdom.

FOOTNOTES:[117]If all the bishops present had not merely abstained, but actually voted in favour of the measure, it would have been carried by one vote.[118]Sir George Nicholls,History of the English Poor Law, vol. ii., see especially pp. 242, 243.[119]Peel to Goulburn (May 25, 1834), Parker,Sir Robert Peel, ii., 244.[120]Hatherton,Memoir; Creevey,Memoirs, ii., 285-88.[121]See Campbell'sLives of the Chancellors, viii., 446-57.[122]Compare Walpole,History of England, iii., 478.[123]Lord Melbourne's Papers, p. 220.[124]Ibid., pp. 222, 223.[125]Stockmar,Memoirs(English translation), i., 330.[126]Parker,Sir Robert Peel, ii., 235.[127]Stanley to Peel (Dec. 11, 1834), Peel'sMemoirs, ii., 39, 40.[128]Croker to Mrs. Croker,Croker Papers, ii., 219.[129]Peel,Memoirs, ii., 58-67.

[117]If all the bishops present had not merely abstained, but actually voted in favour of the measure, it would have been carried by one vote.

[118]Sir George Nicholls,History of the English Poor Law, vol. ii., see especially pp. 242, 243.

[119]Peel to Goulburn (May 25, 1834), Parker,Sir Robert Peel, ii., 244.

[120]Hatherton,Memoir; Creevey,Memoirs, ii., 285-88.

[121]See Campbell'sLives of the Chancellors, viii., 446-57.

[122]Compare Walpole,History of England, iii., 478.

[123]Lord Melbourne's Papers, p. 220.

[124]Ibid., pp. 222, 223.

[125]Stockmar,Memoirs(English translation), i., 330.

[126]Parker,Sir Robert Peel, ii., 235.

[127]Stanley to Peel (Dec. 11, 1834), Peel'sMemoirs, ii., 39, 40.

[128]Croker to Mrs. Croker,Croker Papers, ii., 219.

[129]Peel,Memoirs, ii., 58-67.

The general election which took place in January, 1835, was hotly contested, and in the second reformed parliament the conservatives mustered far stronger than in the first. The party now consisted of some 270 members, chiefly returned by the counties. But they were still outnumbered by the whigs, radicals, and Irish repealers combined, and it was certain that an occasion for such a combination would soon arise. It was found at once in the election of a speaker, when the house of commons met on February 9, 1835. Sutton, now Sir Charles Manners Sutton, was proposed for re-election by the government; the opposition candidate was Abercromby.The number of members who took part in the division was the largest ever assembled, being 622, and Abercromby was elected by a majority of ten. It would have been larger, had not the government been supported by some waverers, but its significance was appreciated by the ministers, and still more by the king. He expressed his displeasure in a very outspoken letter to Peel, declaring that, if the leaders "of the present factious opposition" should be forced upon him by a refusal of the supplies, he might, indeed, tolerate them, but could never give them his confidence or friendship. Two days later, the 24th, the king's speech was delivered, reflecting the spirit of the Tamworth manifesto.[130]

PEEL'S POLICY.

The government was again defeated by seven on an amendment to the address, notwithstanding the loyal aid of Graham and Stanley, whose attitude during the general election had excited Peel's mistrust. In the course of this debate, the prime minister, abandoning his usual reserve, definitely pledged himself not only "to advance, soberly and cautiously, in the path of progressive improvement," but to bring forward specific measures. "I offer you," he said, "reduced estimates, improvements in civil jurisprudence, reform of ecclesiastical law, the settlement of the tithe question in Ireland, the commutation of tithe in England, the removal of any real abuse in the Church, the redress of those grievances of which the dissenters have any just ground to complain." Nor were these offers illusory or barren. On March 17, he brought in a bill to relieve dissenters from disabilities in respect of marriage, which met with general approval. It was founded on the simple principle, since adopted, of giving legal validity to civil marriages duly solemnised before a registrar, and leaving each communion to superadd a religious sanction in its own way. The marriages of Churchmen in a church were to be left on their old footing, but Churchmen were of course to be granted the same liberty as other citizens of contracting a purely civil marriage.

Still more important, as examples of conservative reform, were Peel's efforts to purge the established Church of abuses, and to introduce a voluntary commutation of tithes. His correspondence amply shows how large a space these remedial measures occupied in his mind, and one of his first acts was to appoint an ecclesiastical commission, with instructions to institute a most comprehensive inquiry into every subject affecting the distribution of church revenues. Compared with the petty squabbles over the appropriation of an imaginary surplus to be derived from Irish tithes which it was impossible to collect, the schemes of Peel for purifying and strengthening the Church of England assume heroic proportions. The report of the ecclesiastical commission originated by him, with its startling disclosures of pluralism and non-residence, became the basis of legislation which has wrought a veritable revolution in the financial and disciplinary administration of the church. His tithe bill, abortive as it was in 1835, was reproduced, with little alteration, in the tithe commutation act of 1836.

But the whig-radical allies of 1835 had not the smallest intention of giving Peel a fair trial; nor indeed had they any other object beyond the recovery of power. His appeals to his opponents, though by no means without effect in the country, fell upon deaf ears in the house of commons, and further humiliations followed rapidly. One of these was the successful outcryagainst the appointment of Londonderry, who had excited much hostility as an uncompromising enemy to reform, to the embassy at St. Petersburg, in consequence of which he, very honourably, relieved the government from obloquy by declining the post. A motion to repeal the malt tax was decisively defeated, and soon afterwards a motion in favour of granting a charter to the University of London was carried against the government by a large majority. Then came a defeat on a motion for adjournment, and the arts of obstruction were obstinately practised in debates on the estimates. At last the inevitable crisis arrived, and, as might be expected, the final issue was taken upon an Irish question.

The influence of O'Connell and his "tail," as his followers were called, had been neutralised, since the reform act, by the overwhelming strength of the whigs, and the public-spirited action of Peel, who, as leader of the conservative opposition, actually supported the whig government in sixteen out of twenty most important contests on domestic policy. A very different spirit was now shown by the whig opposition, and an evil precedent, pregnant with disastrous consequences, was set by the famous "Lichfield House compact". This was a close alliance between O'Connell and those whom he had so fiercely denounced as "the base, brutal, and bloody whigs". It bore immediate fruit in a motion of Russell for a committee of the whole house to consider the temporalities of the Irish Church. After a debate of four nights, the resolution was carried, on March 30, by a majority of thirty-three. On April 5, a further resolution was carried by a majority of twenty-five for applying any surplus-funds "to the general education of all classes of the people without religious distinction," and was more emphatically affirmed two days later by a majority of twenty-seven.

Peel had long been conscious of the hopelessness of his position and impatient of maintaining the struggle. He felt the constitutional danger of allowing the executive government to become a helpless instrument in the hands of a hostile majority in the house of commons. Nothing but the earnest remonstrances of the king and his tory friends, including Wellington, had induced him to retain office so long, and, after the division of the 7th, he firmly resolved to resign. On doing so, he received from the whole conservative party, of which he wasthe creator, a most cordial address of thanks and confidence. Though his short administration had consolidated the whig forces for the moment, and given them a new lease of power, it showed him to be the foremost statesman in the country, and paved the way for his triumphant return to office. As Guizot said, he had proved himself "the most liberal of conservatives, the most conservative of liberals, and the most capable man of all in both parties".

MELBOURNE'S SECOND MINISTRY.

The king now discovered the fatal mistake which he had made in "dismissing" his whig cabinet, as he boasted, instead of waiting for it to break down under the stress of internal dissensions. His first idea was to fall back on Grey, who had already betrayed his growing mistrust of radicalism, but Grey declined to enter the lists again. There was no resource but to recall Melbourne, whom the king personally liked, and to put up with the elevation of Russell to a position which all admitted him to have fairly earned. He became home secretary, as well as leader of the house of commons, and the new whig cabinet differed little from the old. Palmerston, Lansdowne, Auckland, Thompson, and Holland returned to their former offices. Grant was made secretary for war and the colonies, Duncannon became lord privy seal, Spring Rice chancellor of the exchequer, Hobhouse president of the board of control, and Viscount Howick, son of Earl Grey, was appointed secretary at war. Outside the cabinet, Viscount Morpeth, son of the Earl of Carlisle, became Irish secretary. The most significant difference between the two cabinets lay in the omission of Brougham, which was effected by the expedient of placing the great seal in commission. This negative act was, in reality, the boldest and most perilous in Melbourne's political life. A correspondence between Brougham and Melbourne in February must have made clear to the ex-chancellor that he would be excluded from office, and he reluctantly acquiesced in Melbourne's decision, hoping that it would be merely temporary, and that he would soon resume his place on the woolsack as the dominant member of the cabinet, but his exclusion was destined to be final, and the close of a career to which English history in the nineteenth century presents no parallel.[131]

BROUGHAM.

Brougham was called to the Scottish bar at the age of twenty-one, having already given proof of brilliant ability and rare versatility at the University of Edinburgh. He was the youngest and most prolific of the original writers in theEdinburgh Review, then a very powerful organ of whig opinion, and his contributions to it ranged over some thirty years after its first appearance in 1802. He was already twenty-nine when he joined the English bar in 1808, and though he never rivalled Eldon as a lawyer or Scarlett as a persuasive advocate, he soon became an acknowledged master of the highest forensic eloquence. His fame was already established by his argument before parliament against the orders in council when he entered the house of commons in 1810. There his passionate oratory and power of invective made him the most formidable of party speakers, and it was said that Canning alone could face him on equal terms in debate. Except during four years, 1812-16, when he was out of parliament, his prodigious energy and versatility were the greatest intellectual force on the liberal side throughout all the political conflicts under the regency and the reign of George IV. His speeches embraced every question of foreign, colonial, or domestic policy, and it may truly be said that no salutary reform was carried during that period of which he was not either the author or the active promoter. The suppression of the slave-trade which had revived after the great war, the liberty of the press, the cause of popular education—these were among the almost innumerable objects, outside the common run of politics, and largely philanthropic, to which he devoted his restless mind, before it was engrossed for a while by parliamentary reform. There, as we have seen, he showed a moderation which had not been expected of him, nor is it too much to say that, both as a leader of the bar and as chancellor, he made good his claim to be the greatest of law reformers.

His famous speech of February 7, 1828, had quickened the germs of many legal improvements carried out in a later age, and the four years of his chancellorship actually produced great constructive amendments of the law, such as the institution of the central criminal court and the judicial committee of the privy council. Other reforms, in bankruptcy, criminal law, and equity, were mainly due to his initiative, and it was he who originated the county courts, though his bill was recklessly thrown out by the house of lords on party grounds. His public life, up to the year 1835, was perhaps the most brilliant and the most useful of the century, yet it was hopelessly marred in the end by a certain eccentric vanity, and want of loyalty to colleagues, not inconsistent with the higher ambition of leaving the world better than he found it. For some years after his fall he retained his astounding energy, and even his ascendency in the house of lords, where Lyndhurst, his only possible rival, was astute enough to court his co-operation. Never was his fertility in debate more conspicuously shown than in the session of 1835, while he was still nominally a supporter of the whig government. The last stage of his life, extending over more than thirty years, belongs to another chapter of English history; it is enough here to notice that, whatever his political aberrations, he continued in his isolation and old age to work zealously for those social reforms which he sincerely had at heart. The popularity which had been to him as the breath of life never, indeed, returned to him, and his figure no longer occupies a foremost place in the gallery of our statesmen, but the results of his noble services to humanity remain, and the memory of them ought not to be obscured by the sad record of his failings.

The new Melbourne administration came in with unfavourable omens. Russell failed to secure his re-election in South Devon, but a seat was found for him at Stroud, and though the premier emphatically denied that he had made any bargain with O'Connell, the Irish people believed it. Accordingly, they received the whig lord-lieutenant, Mulgrave, with a tumultuous procession, as if his advent portended the repeal of the union and extinction of tithes. An attempt to solve the insoluble tithe question was, in fact, among the earliest efforts of the government, and Morpeth, as chief secretary, introduced a very reasonable measure, differing little, except in details, from that of his predecessor. Like other proposals for agrarian settlements in Ireland, it involved a certain sacrifice on the part of the tithe-owner for the sake of security, and a subsidy from the state to relieve of arrears the defaulting and rebellious tithe-payers. Peel stated his intention of supporting these provisions for commutation, if they could be separated from other provisions for "appropriation," coupled with them under the influence of political necessity rather than of sound policy. The proposals for appropriation were so moderate that little would have been lost by dropping or gained by carrying them, but, moderate as they were, they embodied a principle on which either party was resolved to stand or fall. The consequence might have been foreseen. The bill, as a whole, was passed in the house of commons, and even read a second time in the house of lords, after which the appropriation clauses were rejected in that assembly by a large majority. Thereupon Melbourne withdrew the scheme altogether. Thus a question of third-rate importance, having been the chronic difficulty of four Irish secretaries, was left to stand over for three years longer, and ultimately to be settled on the very basis which Stanley and Peel had accepted from the first. A greater waste of parliamentary time has perhaps never been recorded.

MUNICIPAL CORPORATIONS BILL.

The session of 1835, however, was rendered memorable by the enactment of one beneficent measure of the first magnitude. This measure—the municipal corporations act—was preceded, like the new poor law, by a thorough and exhaustive inquiry. A committee of the house of commons, followed by a commission, had been appointed in 1833. The commission prosecuted careful researches into the local conditions of each municipality, and did not conclude its labours until 1835. Its report laid bare not merely grotesque anomalies, but the grossest abuses of election and administration in boroughs ruled by small, corrupt, and irresponsible oligarchies which then abounded in England, and, still more, in Scotland.[132]The reform act had paved the way for the purification of such urban communities, by disfranchising the smallest and most venal of them, by extending the boundaries of many others, by enfranchising great towns which had remained outside the pale of representation, and by conferring the suffrage, theretofore monopolised by freemen and other privileged classes, on the unprivileged mass of ten-pound householders.

The municipal corporations bill, in its ultimate form, restedon the same broad lines of policy. It imposed upon all boroughs, with the exception of the city of London and a few of minor importance, one constitutional form of government, identical in all its essential features with those which a few model boroughs already possessed. The governing body was to consist of a mayor, aldermen, and councillors, together forming a town council. The councillors were to be elected directly by ratepaying occupiers, with a saving for the prescriptive rights of existing freemen. They were to hold office for three years; the aldermen were to be elected by the councillors for six years, with a provision for retirement by rotation. The mayor was to be elected annually by the town council. The elementary powers of local government, such as the control of lighting and the constabulary force, were to be transferred (subject to certain exceptions) from the hands of committees into those of the one recognised and supreme municipal authority. Other clauses provided for a division of the larger boroughs into wards, for the abolition of exclusive trading privileges, for the public management of charity estates, and for the appointment, at the option of each borough, of a recorder, for the purposes of jurisdiction.

Such were the main outlines of the great measure introduced by Russell, to which Peel heartily gave his adhesion. It was a natural, and almost necessary, sequel of the reform act, which had already broken up many nests of jobbery, curtailed the lucrative exercise of the elective franchise by freemen, and undermined the influence of those self-elected rulers who, in the worst boroughs, had become gangs of public thieves. Supported by Peel, the bill was read a second time in the house of commons, on June 15, without a division. Several conservative amendments were defeated in committee by small majorities, and the bill was sent up to the lords on July 21. There its fate was far different. Though Wellington himself was not disposed to obstruct it, he entirely failed to check the obstructive tactics of Lyndhurst who, on this occasion, outdid himself in the deliberate mutilation of a bill approved by the late conservative premier. Lord Campbell, no partial judge of Brougham, has left on record his belief that, but for his faithful and vigorous support, the scheme of municipal reform must have been utterly wrecked.[133]It was allowed to be read a second time, but withthe full concurrence of Eldon and all the ultra-tory peers, Lyndhurst succeeded in pulling it to pieces in committee. For instance, one of the amendments imported into it perpetuated proprietary rights which it was a chief object of the bill to abolish; another gave aldermen a life-tenure of their offices; a third retained a part of the old town councillors on the new town councils. Proud as he was of his destructive exploits, as a triumph of toryism over conservatism, Lyndhurst soon found that he could not so lightly override the wiser counsels of Peel. When the lords' amendments came to be considered in the commons, Russell prudently advised the acceptance of the less important, and the disallowance of those inconsistent with the principle of the bill. He was followed by Peel who, professing to uphold the independence of the upper house, declared against the more obnoxious amendments, and stickled only for points which the ministry was not unwilling to concede. His action proved decisive. The commons stood firm on the main issues, and the hostile party in the lords, who had vowed to mar this reform, flinched at the last moment. Many of them abstained from attendance. Wellington and even Lyndhurst recommended concession; conferences took place between the houses, at which Russell played the part of moderator, and on September 9 the corporation bill became law, not in its entirety, but in all its essential features.

In spite of this pacific compromise, popular feeling ran higher than ever against the house of lords which, under the evil influence of Lyndhurst, seemed bent on thwarting every liberal measure. John Roebuck, member for Bath, a prominent radical, who acted independently of party connexions, took a lead in denouncing their conduct, and went so far as to propose giving them a merely suspensory, instead of an absolute, veto on legislation. A sweeping reform in their constitution was loudly advocated in the press. O'Connell, exasperated by their wanton rejection of a Dublin police bill, spent a part of the parliamentary recess in a tour over the north of England and Scotland, exhausting the stores of his scurrilous invective in pouring contempt on the 170 tyrants who could dare to withstand the will of the people. But O'Connell's eloquence, marvellous as it was, never stirred British audiences as it stirred the Irish masses, and it happened that at this moment he was somewhat discreditedby accusations of corruption afterwards proved to be false. The house of lords not only survived his attacks, but was instigated by Lyndhurst to further acts of obstruction in the following year.

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