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X.

1821.

93.

foreign af

viii. § 70.

course adopted by the Government, have been afforded CHAP. by the course which foreign affairs had taken at this period. The revolutions in Spain, Portugal, Naples, and Piedmont, and the ferment in Germany, had deeply Debates on agitated the public mind. It was hard to say whether fairs. the hopes these events had awakened in one party, or the fears in another, were most preponderant. All observed, many hoped, some feared, from them. The Congresses of Laybach and Troppau, of which an account has already been given, which had been assembled 1 Ante, c. avowedly to consider the course to be adopted by the great Continental powers in regard to these portentous events, afforded a fertile field for eloquent declamation on the part of the Liberal leaders; and Lord Grey in the Upper House, and Sir James Mackintosh in the Lower, in moving for the production of papers relative to these events, took occasion to inveigh strongly against the dangerous attempts, evidently making by the Continental powers, to stifle the growth of freedom, and overturn constitutional monarchies in all the lesser states around them. Ministers resisted the motion, but declared at the same time that the English Government were no parties to these congresses, and that they had officially notified to the powers there assembled their dissent from the principles and right of interference there advanced. It was known that this statement was well founded, and Parliament, satisfied with having obtained such an assurance from the Government, and with the strong declaration of English feeling from the Opposi- 2 Ann. Reg. tion, supported Ministers in both Houses by large majo- 104. rities.2

1821, 102,

94.

Mackin

Sir James Mackintosh continued in this Parliament, as he had done in the last, his able and indefatigable efforts Sir James to obtain a relaxation of the monstrous severities and tosh's ef anomalies of the English criminal code. His increasing prove the success, though not unmixed with checks, demonstrated criminal that public opinion was rapidly changing on this impor

forts to im

law.

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1821.

CHAP. tant subject, and that the time was not far distant when, practically speaking, the punishment of death would not be inflicted in any case except deliberate murder, in which, both on the authority of the Divine law, and every consideration of human justice, it never should be abrogated. As this blessed change has now for above ten years been practically in operation, it is superfluous to enumerate all the steps by which it was effected. Suffice it to say, therefore, that it was by the efforts of Sir Samuel Romilly, and after him of Sir James Mackintosh, that the necessity of this great reform was first impressed on the public mind, and by the adoption of their principles by Sir Robert Peel when he became Home Secretary, that it was on a large scale carried into effect. The only thing to be regretted is, that when the penalty of death was so justly taken away for so many offences, care was not taken at the same time to increase the certainty and enlarge the efficiency of secondary punishments; and that from the long-continued neglect by the colonial secretaries of the obvious expedient of always mingling, in due proportion, the streams of gratuitous Government with forced penal emigration, the country has in a great measure lost the immense advantage it might otherwise have derived from the possession of such outlets for its surplus population and dangerous crime; and that the colonies have been led to regard with horror, and strive to avert, a stream which, duly regulated, might, and certainly would, have been hailed as the greatest possible blessing.

95.

Mr Can

Mr Plunkett, on the 28th February, brought forward a motion regarding Roman Catholic Emancipation, and ning's striking speech it soon became evident, that if the mantle of Romilly on Catholic had descended on Mackintosh, that of Grattan had Emancipation. fallen on the shoulders of Plunkett. As this subject will be fully discussed in a subsequent part of this volume, when the passing of Catholic Emancipation is narrated, it would be superfluous to give the arguments

X.

1821.

advanced on both sides; but there is one speech in the CHAP. Commons, and one in the Lords, from which brief extracts must be given, from the importance of the sentiments which they conveyed. Mr Canning was the most eloquent supporter, Mr Peel the most determined opponent, of the measure. "We are," said the former, in the enjoyment of a peace, achieved in a great degree by Catholic arms, and cemented by Catholic blood. For three centuries we have been erecting mounds, not to assist or improve, but to thwart nature; we have raised them high above the waters, where they have stood for many a year frowning proud defiance on all who attempted to cross them; but, in the course of ages, even they have been nearly broken down, and the narrow isthmus now formed between them stands between

"Two kindred seas,

Which, mounting, viewed each other from afar,

And longed to meet."

Shall we, then, fortify the mounds which are almost in ruins? or shall we leave them to moulder away by time. or accident?—an event which, though distant, must happen, and which, when it does, will only confer a thankless favour-or shall we at once cut away the isthmus that remains, and float on the mingling waves iv. 1311. the ark of our common constitution ? "1

1 Parl. Deb.

Mr Peel.

On the other hand, it was argued by Mr Peel, in words 96. which subsequent events have rendered prophetic: "I do Answer by not concur in the anticipation that the emancipation of the Catholics would tend to re-establish harmony in the state, or smooth down conflicting feelings. I do not wish to touch prospectively upon the consequences of intemperate struggles for power. I do not wish to use language which may be construed into a harsh interpretation of the acts and objects of men who proceed in the career of ambition, but I must say this much, that if Parliament admits an equal capacity for the possession of power between Protestant and Catholic in this respect, they will

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1821.

CHAP. have no means of considering the state of the population, of securing that equal division of power which is, in my opinion, essential to the stability of the existing form of government. The struggle between the Catholic and Protestant will be violent, and the issue doubtful. If they were to be sent forth together as rival candidates, with an equal capacity for direct parliamentary representation, so far from seeing any prospect of the alleviation of points of political differences, I can only anticipate the revival of animosities now happily extinct, and the continuance, in an aggravated form, of angry discussions, now happily gliding into decay and disuse. If, in consequence of this alteration of the constitution, the duration of Parliament should be reduced from seven to three years, then will the frequent collision of Catholic and Protestant furnish a still greater accession of violent matter to keep alive domestic dissension in every form in which it can be arrayed, against the internal peace and concord of the empire. These are my honest sentiments upon this all1 Parl. Deb. important question, uninfluenced by any motive but an ardent anxiety for the durability of our happy constitution."1

iv. 1002,

1003.

97.

Which is carried in the Com

lost in the Peers.

This debate is memorable for one circumstance - it was the first occasion on which a majority was obtained for Catholic Emancipation. The second reading was mons, and carried by a majority of 11, the numbers being 254 to 243; and this majority was increased, on the third reading, to 19, the numbers being 216 to 197. The bill, accordingly, went into committee, and passed the Commons; but it was thrown out, on the second reading, by a majority of 39 in the House of Lords, the numbers being 159 to 120. On this occasion the Duke of York made a memorable declaration of his opinion on this subject. "Educated," said his Royal Highness, " in the principles of the Established Church, I am persuaded that her interests are inseparable from those of the constitution. I consider it as an integral part of the constitution. The

I

CHAP.

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1821.

more I hear the subject discussed, the more am I confirmed in the opinion I now express. Let it not be supposed, however, that I am an enemy to toleration. should wish that every sect should have the free exercise of its religion, so long as it does not affect the security of the established, and as long as its members remained loyal subjects. But there is a great difference between allowing the free exercise of religion and the granting of political power. My opposition to this bill arises from principles which I have embraced ever since I have been able to judge for myself, and which I hope I shall cherish to the last hour of my life." This decisive declaration on April 17, the part of the heir-apparent of the throne, whose early accession seemed likely from the health of the reigning Sovereign, produced a very great impression, and carried the popularity of his Royal Highness to the highest point. He became the object of enthusiastic applause at all the political meetings of persons attached to the Established Church, at which the singular coincidence in number of

1821.

the thirty-nine peers who threw out the bill and the 1 Parl. Deb. thirty-nine articles of the Church of England, never failed v. 282, 356. to be observed on, and elicit unbounded applause.1

Russell's

Parliament

ary Reform.

Lord John Russell, about the same time, brought for- 98. ward a bill for a gradual and safe system of Parliamen- Lord John tary Reform. It was founded on resolutions, that there motion for were great complaints on the subject of the representation of the people in Parliament; that it was expedient to give such places as had greatly increased in wealth and population, and at present were unrepresented, the right of sending members to serve in Parliament; and that it should be referred to a committee to consider how this could be done, without an inconvenient addition to the number of the House of Commons; and that all charges of bribery should be effectually inquired into, and, if proved, such boroughs should be disfranchised. The motion was rejected by a majority of 31, the numbers being 156 to 125; but the increasing strength of the

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