The Political History of England – Vol XI

ANGLESEY LORD LIEUTENANT OF IRELAND.

Had O'Connell been a true patriot, or even an honest politician, he would have devoted his vast powers and influence to practical schemes for the good of Ireland, and specially to a solution of the agrarian question. Unhappily, smarting under a not unfounded sense of injustice, when he was disabled from taking his seat for Clare, he threw his whole energy into a new campaign for the repeal of the union, which occupied the rest of his life. So far from acknowledging any gratitude to the whigs, through whose support emancipation had been carried, he exhausted all the resources of his scurrilous rhetoric upon them, lavishing the epithets "base, brutal, and bloody," with something like Homeric iteration. In December, 1830, Anglesey had returned to succeed the Duke of Northumberland, and Stanley occupied the post of chief secretary, in place of Hardinge. The ministers were privately advised to buy O'Connell at any price, and it was intimated that he would not object to become a law officer of the crown, or at least would not refuse a judicial appointment. It may well be doubted whether the offer of such a bargain to such a man could have been justified by success; it is more than probable that it would have failed, and it is quite certain that failure would have brought infinite discredit upon the government. At all events the attempt was not made, and other catholic aspirants to legal promotion were passed over with less excuse.

Lord Anglesey proved a resolute viceroy, and proclaimed the various associations, meetings, and processions organised by O'Connell, with little regard for his own popularity. O'Connell's policy, carried out with the cunning of a skilful lawyer, was to obey the law in the letter, but to break it almost defiantly in the spirit. At last, however, he went a step too far by advising the people who had come for a prohibited meeting to reassemble and hold it elsewhere. He was arrested on January 18, 1831, and pleaded "Not guilty," but on February 17, when his trial came on, he allowed judgment to go by default against him on those counts of the indictment which charged him with a statutable offence, provided that other counts, which charged him with a conspiracy at common law, should be withdrawn. The attorney-general assented, and the case was adjourned until the first day in Easter term. Before that day arrived, however, the reform bill had been introduced, and O'Connell had made a powerful speech in support of it. In the desperate struggle which ensued, the ministers shrunk from estranging so formidable an ally, a further adjournment of the case was allowed, a sudden dissolution of parliament took place, the act under which O'Connell was to be sentenced expired with the parliament, and no further action was taken.

"TITHE-WAR" IN IRELAND.

During the year 1831, the agitation for repeal which O'Connell had set on foot, as soon as the emancipation act had been passed, was for a while thrust into the shade by the fiercer agitation against tithes. This agitation was connected, in theory, with the demand for the abolition or reduction of the Irish Church establishment, but was, in fact, entirely independent of that or any other constitutional movement. It may seem inexplicable to political students of a later age that Irish questions of secondary importance, and eminently capable of equitable treatment, should have convulsed the whole island and disturbed the whole course of imperial politics, during the reign of William IV. The rebellion against tithes or "tithe-war," as it was called, had not the semblance of justification in law or reason. Every tenant who took part in it had inherited or acquired his farm, subject to payment of tithes, and might have been charged a higher rent if he could have obtained it tithe-free. The tithe was the property of the parson as much as the land was the property of the landlord, and the wilful refusal of it was from a legal point of view sheer robbery. On the other hand, the mode of collection was extremely vexatious, perhaps involving the seizure of a pig, a bag of meal, or a sack of potatoes; and a starving cottier, paying fees to his own priest, was easily persuaded by demagogues that it was an arbitrary tribute extorted by clerical tyrants of an alien faith.

Thus it came to pass that the history of the Irish "tithe-war" exhibits the Irish peasantry in their very worst moods, and it is stained with atrocities never surpassed in later records of Irish agrarian conspiracy. It is among the strange and sad anomalies of national character that a people so kindly in their domestic relations, so little prone to ordinary crime, and so amenable to better influences, should have shown, in all ages, down to the very latest, a capacity for dastardly inhumanity, under vindictive and gregarious impulses, only to be matched by Spanish and Italian brigands among the races of modern Europe. Yet so it is, and no "coercion" (so-called) ultimately enforced by legal authority was comparable in severity with the coercion which bloodthirsty miscreants ruthlessly applied to honest and peaceable neighbours, only guilty of paying their lawful debts. It is not too much to say that anarchy prevailed over a great part of Ireland, especially of Leinster, during the years 1831 and 1832. The collection of tithes became almost impossible. The tithe-proctors were tortured or murdered; the few willing tithe-payers were cruelly maltreated or intimidated; the police, unless mustered in large bodies, were held at bay; cattle were driven, or, if seized and offered for sale, could find no purchasers; and the protestant clergy, who had acted on the whole with great forbearance, were reduced to extremities of privations. Five of the police were shot dead on one occasion; on another, twelve who were escorting a tithe-proctor were massacred in cold blood. A large number of rioters were killed in encounters with the police, which sometimes assumed the form of pitched battles and closely resembled civil war. Special commissions were sent down into certain districts, and a few executions took place, but in most cases Irish juries proved as regardless of their oaths as they ever have on trials of prisoners for popular crimes. O'Connell, and even Sheil, tacitly countenanced these lawless proceedings, and openly palliated them in the house of commons.

The whig government, engaged in a life-and-death contest with the English borough-mongers, hesitated to crush the Irish insurgents by military force, or to initiate a sweeping reform of the Irish Church. Early in 1832, however, committees of both houses reported in favour of giving the clergy temporary relief out of public funds, and of ultimately commuting tithes into a charge upon the land. A preliminary bill for the former purpose was promptly carried by Stanley, and made the government responsible for recovering the arrears. The committee, pursuing their inquiries, produced fuller reports, and again recommended a complete extinction of tithes in Ireland. But the method proposed and embodied in three bills introduced by Stanley in the same year, was too complicated to serve as a permanent settlement, and was denounced as illusory by the Irish members. The first bill was, in fact, a compulsory extension of acts already passed in 1822 and 1823, the former of which had permitted the tithe-owner to lease the tithe to the landlord, while the latter permitted the tithe-owner and tithe-payers of each parish to arrange a composition. Unfortunately, the act of 1823 had provided that the payment in commutation of tithe should be distributed over grass-lands hitherto tithe-free in Ireland as well as over land hitherto liable to tithe. The act was in consequence unpopular with a section of farmers, while at the same time the bishops resented the commutation, as likely to diminish the value of beneficies. But in spite of this opposition the act of 1823 had been widely adopted. Stanley's bill to render such commutations compulsory passed, but his other two bills, providing a new ecclesiastical machinery for buying up tithes, were abandoned at the end of the session. Of course the substitution of the government for the clergyman as creditor in respect of arrears had no soothing effect on the debtors. The reign of terror continued unabated, and O'Connell contented himself with pointing out that without repeal there could be no peace in Ireland. We may so far anticipate the legislation of 1833 as to notice the inevitable failure of the experiment which converted the government into a tithe-proctor. It was then replaced by a new plan, under which the government abandoned all processes under the existing law, advanced £1,000,000 to clear off all arrears of tithe, and sought reimbursement by a land tax payable for a period of five years.

EDUCATION IN IRELAND.

It reflects credit on the unreformed house of commons that in its very last session, harassed by the irreconcilable attitude of the catholic population in Ireland, it should have found time and patience not only for the pressing question of Irish tithes, but for the consideration of a resolution introductory to an Irish poor law, of a bill (which became law) for checking the abuses of Irish party processions, and of a grant for a board to superintend the mixed education of Irish catholic and protestant children. The discussion of Sadler's motion in favour of an Irish poor law was somewhat academic, and produced a division among the Irish members, O'Connell, with gross inconsistency, declaring himself vehemently opposed to any such measure. The ministers professed sympathy with its principle, but would not pledge themselves to deal immediately with so difficult and complicated a subject, perhaps foreseeing the necessity of radical change in the English poor law system. The processions bill was vigorously resisted on behalf of the Orangemen, as specially aimed at their annual demonstrations on July 12, but it was so manifestly wise to remove every wanton aggravation of party spirit in Ireland, that it was passed just before the prorogation.

The experiment of mixed education in Ireland had already been made with partial success, first by individuals, and afterwards by an association known as the Kildare Place Society. On the appointment of Dr. Whately to the archbishopric of Dublin, it received a fresh impulse, and Stanley, as chief secretary, definitely adopted the principle, recommended by two commissions and two committees, of "a combined moral and literary and separate religious instruction". A board of national education was established in Dublin, composed of eminent Roman catholics as well as protestants, to superintend all state-aided schools in which selections from the Bible, approved by the board, were to be read on two days in the week. Though provision was made for unrestricted biblical teaching, out of school hours, on the other four days, protestant bigotry was roused against the very idea of compromise. A shrewd observer remarked, "While the whole system is crumbling to dust under their feet, while the Church is prostrate, property of all kind threatened, and robbery, murder, starvation, and agitation rioting over the land, these wise legislators are debating whether the brats at school shall read the whole Bible or only parts of it".109 The opponents of the national board failed to defeat the scheme in parliament, and it was justly mentioned with satisfaction by the king in his prorogation speech of August 16. But its benefits, though lasting, were seriously curtailed by sectarian jealousy. Most of the protestant clergy frowned upon the national schools, as the Roman catholic priesthood had frowned upon the schools of the Kildare Place Society, and a noble opportunity of mitigating religious strife in Ireland was to a great extent wasted. Thus ended the eventful session of 1832.

CHAPTER XV.

FRUITS OF THE REFORM

It was assumed in 1832, and has been held ever since, that a redistribution act must be speedily followed by a dissolution, so as to give the new constituencies the power of returning new members. Accordingly, parliament, having been prorogued until October 16, was further prorogued until December 3, and then finally dissolved. The general election which followed, though awaited with much anxiety, was orderly on the whole, and produced less change than had been expected in the personnel of the house of commons. The counties, for the most part, elected men from the landed aristocracy, the great towns elected men of recognised distinction, and few political leaders were excluded, though Croker abjured political life and refused to solicit a seat in the reformed house of commons. The good sense of the country asserted itself; while Cobbett was returned for Oldham, "Orator" Hunt was defeated at Preston, and no general preference was shown for violent demagogues by the more democratic boroughs. The age of members in the new house was higher, on the average, than in the old; its social character was somewhat lower, and the high authority of William Ewart Gladstone, who now entered parliament for the first time, may be quoted for the opinion that it was inferior, in the main, as a deliberative assembly. But it was certainly superior as a representative assembly, it contained more capable men of business, and its legislative productions, as we shall hereafter see, claim the gratitude of posterity. A certain want of modesty in the new class of members was observed by hostile critics, and was to be expected in men who had won their seats by popular oratory and not through patronage. The house of commons had already ceased to be "the best club in London," and later reforms have still further weakened its title to be so regarded, but they have also shown the wonderful power of assimilation inherent in the atmosphere of the house itself, and the spirit of freemasonry which springs up among those who enter it by very different avenues.

THE FIRST REFORMED PARLIAMENT.

The change wrought by the reform act in the strength and distribution of parties was immediate and conspicuous. The ancient division of whigs and tories, which had become well-nigh obsolete in the reign of George IV., had been revived by the great struggle of 1831-32. It was now superseded to a great extent by the combination of the radicals with O'Connell's followers into an independent section, and by the growth of a party under Peel, distinct from the inveterate tories and known by the name of "conservative," which first came into use in 1831.110 The preponderance of liberalism, in its moderate and extreme forms, was overwhelming. It was roughly computed that nearly half the house were ministerialists and about 190 members radicals, Irish repealers, or free lances, while only 150 were classed as "conservatives," apparently including tories.111 In such circumstances the attitude to be adopted by Peel was of the highest constitutional importance. It is some proof of the respect for statesmanship instinctively felt by the new house of commons that Peel, as inexorable an opponent of reform as Canning himself, should at once have assumed a foremost position and soon obtained an ascendency in an assembly so largely composed of his opponents.

But Peel himself was no longer a mere party leader. Unlike Wellington and Eldon, he saw the necessity of accepting loyally the accomplished fact and shaping his future course in accordance with the nation's will. He, therefore, took an early opportunity of declaring that he regarded the reform act as irrevocable, and that he was prepared to participate in the dispassionate amendment of any institution that really needed it. In a private letter to Goulburn he stated that, in his judgment, "the best position the government could assume would be that of moderation between opposite extremes of ultra-toryism and radicalism," intimating further that "we should appear to the greatest advantage in defending the government" against their own extreme left wing.112 In this policy he persevered; his influence did much to quell the confusion and disorder of the first debate, and his followers swelled the government majorities in several of the early divisions. When he came to review the first session of the reformed parliament he remarked in a private letter that what had been foreseen took place, that "the popular assembly exercised tacitly supreme power," and, without abolishing the crown or the house of lords, overawed the convictions of both.113

IRISH COERCION BILL.

The passion for reform, far from spending itself in remodelling the house of commons, filled the statute-book with monuments of remedial legislation. No session was more fruitful in legislative activity than that of 1833. But the way of legislation was at first blocked against all projects of improvement by the urgent necessity of passing an Irish coercion bill. This had been indicated in the king's speech, and on February 15, 1833 Grey introduced the strongest measure of repression ever devised for curbing anarchy in Ireland. It combined, as he explained, the provisions of "the proclamation act, the insurrection act, the partial application of martial law, and the partial suspension of the habeas corpus act". But the barbarities and terrorism which it was designed to put down were beyond precedent and almost beyond belief. The attempt to collect the arrears of tithe, even with the aid of military force, had usually failed, and less than an eighth of the sum due was actually levied. The organised defiance of law was not, however, confined to refusal of tithes; it embraced the refusal of rent and extended over the whole field of agrarian relations. The Whiteboys of the eighteenth century reappeared as "Whitefeet," and other secret associations, under grotesque names, enforced their decrees by wholesale murder, burglary, arson, savage assaults, destruction of property, and mutilation of cattle. In two counties, Kilkenny and Queen's County, nearly a hundred murders or attempted murders were reported within twelve months, and the murderous intimidation of witnesses and jurors secured impunity to perpetrators of crimes. No civilised government could have tolerated an orgy of lawlessness on so vast a scale, and nothing but the exigencies of the reform bill can excuse Grey and his colleagues for not having grappled with it earlier. Nor does it appear that any remedy less stern would have been effectual. Where unarmed citizens have not the courage either to protect themselves or to aid the constabulary employed for their protection, soldiers, accustomed to face death and inflict it upon others under lawful command, must be called in to maintain order. Where civil tribunals have become a mockery, summary justice must be dealt out by military tribunals. Force may be no remedy for grievances, but it is the one sovereign remedy for organised crime, and this was soon to be proved in Ireland.

The viceroy, Anglesey, true to his liberal instincts, would have postponed coercion to measures of relief, such as a settlement of the church question. Stanley, on the other hand, insisted on the prompt introduction of a stringent peace preservation bill, and his energetic will prevailed. The bill contained provisions enabling the lord-lieutenant to suppress any meeting, establishing a curfew law in disturbed districts, and placing offenders in such districts under the jurisdiction of courts martial with legal assessors. It passed the house of lords with little discussion on the 22nd, and was laid before the house of commons a few days later by Althorp, who had already brought in an Irish Church temporalities bill. The debate on the address had already given warning of the reception which the Irish members would accord to any coercion bill, and of their malignant hostility to Stanley. Efforts were made to delay its introduction, and full advantage was taken of Althorp's statement that one special commission had been completely successful. His opening speech, tame and inconclusive, discouraged his own followers. The fate of the bill appeared doubtful, but Stanley, who had twice staked the existence of the ministry on its adoption, reversed the whole tendency of the debate by a speech of marvellous force and brilliancy, which Russell afterwards described as "one of the greatest triumphs ever won in a popular assembly by the powers of oratory".114 It was in this speech that he proved himself at least a match for O'Connell, whom he scathed with fierce indignation as having lately called the house of commons a body of scoundrels. It cost many nights of debate to carry the bill, with slight amendments, but Stanley's appeal had a lasting effect, and it became law in April, to the great benefit of Ireland.

IRISH CHURCH TEMPORALITIES BILL.

Meanwhile, the Irish Church temporalities bill was pressed forward as a counterpoise to coercion. It imposed a graduated tax upon all episcopal, capitular, and clerical incomes above £200 a year, and placed the proceeds, estimated at £60,000 or £70,000 a year, in the hands of commissioners, to be expended in the repairs of churches, the erection of glebe-houses, and other parochial charges. In this way Irish ratepayers might be relieved of the obnoxious "vestry cess," a species of Church rate, at the expense of the clergy. A further saving of £60,000 a year or upwards was to be effected by a reduction of the Irish episcopate, aided by a new and less wasteful method of leasing Church lands attached to episcopal sees. Two out of four Irish archbishoprics and eight out of eighteen bishoprics were doomed to extinction, as vacancies should occur. Dioceses and benefices were to be freely consolidated, clerical sinecures were to cease, and the more scandalous abuses of the Irish Church were to be redressed.

As a scheme for ecclesiastical rearrangement within the Church itself, the bill was sound and liberal, but it was utterly futile to imagine that it would be welcomed, except as a mere instalment of conciliation, by Roman catholics who looked upon the protestant Church itself as a standing national grievance. The only boon secured to them was exemption from their share of vestry cess, for, though Althorp intimated that the ultimate surplus to be realised by the union of sees and livings would be at the disposal of parliament, they well knew how many influences would operate to prevent its reaching them. Not even O'Connell, still less the ministry, ventured to propose "concurrent endowment" as it was afterwards called, and the very idea of diverting revenues from the protestant establishment to Roman catholic uses was disclaimed with horror. More than a century earlier, a partition of these revenues between the great protestant communions had been seriously entertained, and Pitt had notoriously contemplated a provision for the Roman catholic priests out of state funds. But no such demand was now made, and the one feature of the bill which commanded the vigorous support of O'Connell and his adherents was the 147th section, or "appropriation clause," which enabled parliament to apply the expected surplus of some £60,000 in income, or some £3,000,000 in capital, to whatever purposes, secular or otherwise, it might think fit to approve. The far-reaching importance of this principle was fully understood on both sides. To radicals and Roman catholics it was the sole virtue of the bill; to friends of the Irish Church and tories it was a blot to be erased at any cost.

The progress of the measure was not rapid. Its nature had been explained by Althorp on February 12, but it was not in print on March 11 when, notwithstanding the reasonable protest of Peel, he induced the house to fix the second reading for the 14th. It was then found that, owing to its form, it must be preceded by resolutions, in order to satisfy the rules of the house. These resolutions, containing the essence of the bill, were proposed on April 1, but were not adopted without a long debate, and the debate on the second reading did not begin until May 6. It ended in a majority of 317 to 78 for the government, chiefly due to a moderate speech from Sir Robert Peel, who, however, denounced the policy of "appropriation". The discussion in committee was far more vehement, and radicals like Hume did not shrink from avowing their desire to pull down the Irish establishment, root and branch. The attack on the conservative side was mainly concentrated on the appropriation clause. In vain was it argued that a great part of the expected surplus was not Church property, inasmuch as it would result from improvements in the system of episcopal leases to be carried out by the agency of the state. Every one saw that, however disguised, and whether legitimate or not, appropriation of the surplus for secular purposes would be an act of confiscation, and must needs be interpreted as a precedent.