TWO:The feeling of humanity that gained ground among the masses powerfully affected the middle classes. The consequence was that the state of public feeling produced by the practical inculcation of Christianity and the diffusion of knowledge compelled our legislature to change its system, despite the obstinate resistance of Lords Eldon and Ellenborough, hardened by a long official familiarity with the destructive operation of legal cruelty. How fearful the amount of that destruction was we may infer from the calculation of Mr. Redgrave, of the Home Office, who stated that had the offences tried in 1841 been tried under the laws of 1831, the eighty capital sentences would have been increased to 2,172. Mr. Redgrave gave the following succinct history of the mitigation of the criminal code during the reigns of George IV. and William IV., in a series of enactments which were extorted from a reluctant Legislature by society, humanised through the education of the masses:In 1826, 1827, and 1828 Sir Robert Peel carried several very important Bills for the consolidation and amendment of the criminal laws, but these Bills did not abolish capital punishments. That statesman, indeed, made it a matter of boast that he did not constitute any new capital felonies, and pointed out an instance in which he had abated the capital punishment by increasing from 40s. to 5, the sum of which the theft in a dwelling-house constituted a capital offence, and by widening the technical description of a dwelling. In 1830 Sir Robert Peel brought in his Forgery Bill, and petitions were poured into the House from all quarters against the re-enactment of the severe penalties for this offence. Sir James Mackintosh again took up the subject, and moved that the capital punishment be struck out from the Bill. He was unsuccessful; but in the last stage of the measure Mr. Spring-Rice was enabled to defeat the Ministry by a majority of 151 to 138, and to remove the sentence of death from the Bill. It was, however, restored by the Lords, and the Bill, as altered, was suffered to pass the House of Commons at the end of the Session. In 1832 two most important Bills for abolishing capital punishments were passed. Mr. Ewart, assisted by the Government, was able to carry a Bill abolishing the punishment of death in cases of horse, sheep, and cattle stealing, and larceny in a dwelling-house. He was opposed by Sir Robert Peel, and an amendment was made in the Lords, subjecting these offences to the fixed penalty of transportation for life. At the same time, Ministers brought in a Bill for abolishing capital punishment in cases of forgery. The Bill was introduced into the Commons by the Attorney-General, and into the House of Lords by the Lord Chancellor. It passed into law, but an amendment was made in the House of Lords, under protest of the Lord Chancellor, exempting the forgery of wills and powers of attorney to transfer stock, which offences were left capital. In 1833 Mr. Leonard carried his Bill for abolishing capital punishment for housebreaking, executions for which offence were continued down to 1830. In 1834 Mr. Ewart carried a Bill for abolishing capital punishment for returning from transportation, and in the following year for sacrilege and letter-stealing. This was the state of the criminal law when Lord John Russell brought in Bills for its mitigation, founded on the report of a committee which Government had appointed. The little progress which Sir S. Romilly and Sir J. Mackintosh had made in opposition to the Governments of their day will be seen by the foregoing sketch, as well as the extensive and salutary changes which followed. Lord John Russell's Bills effected an extensive abolition of the sentence of death, and a mitigation of the secondary punishments. He was enabled to abolish capital punishments in all cases but murder and attempts to murder where dangerous bodily injuries were effected; burglary and robbery when attended with violence or wounds; arson of dwelling-houses where life was endangered; and six other offences of[427] very rare occurrence. The number of capital convictions in 1829 was 1,385; and in 1834, three years after the extensive abolition of capital punishments, the number was reduced to 480.
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THREE:Whilst these transactions had been taking place on the Continent, our fleets, which should have kept the French and Spaniards in check, had done worse than nothing. France had subtly delayed to declare war against us, so that, although she joined her fleets and armies to the enemy, we could not attack her without being the first to declare war, or to commence it by direct breach of the peace. Admiral Haddock, who was on the watch in the Mediterranean to harass the Spaniards, was thus baffled. The Spanish fleet was joined by twelve French men-of-war from Toulon, the admiral of which declared that he had orders to defend the Spaniards if they were attacked. As the combined fleet, moreover, doubled his own, Haddock was compelled to fall off and leave them.
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TWO:The triumph of the Whigs was complete. Whilst Oxford, who had been making great efforts at the last to retrieve himself with his party by assisting them to seize the reins of power on the queen's illness, was admitted in absolute silence to kiss the king's hand, and that not without many difficulties, Marlborough, Somers, Halifax, and the rest were received with the most cordial welcome. Yet, on appointing the new cabinet, the king showed that he did not forget the double-dealing of Marlborough. He smiled on him, but did not place him where he hoped to be, at the head of affairs. He made Lord Townshend Secretary of State and Prime Minister; Stanhope, the second Secretary; the Earl of Mar was removed from the Secretaryship of Scotland to make way for the Duke of Montrose; Lord Halifax was made First Lord Commissioner of the Treasury, and was raised to an earldom, and was allowed to confer on his nephew the sinecure of Auditor of the Exchequer; Lord Cowper became Lord Chancellor; Lord Wharton was made Privy Seal, and created a marquis; the Earl of Nottingham became President of the Council; Mr. Pulteney was appointed Secretary-at-War; the Duke of Argyll, Commander-in-Chief for Scotland; Shrewsbury, Lord Chamberlain and Groom of the Stole; the Duke of Devonshire became Lord Steward of the Household; the Duke of Somerset, Master of the Horse; Sunderland, Lord-lieutenant of Ireland; Walpole was at first made simply Paymaster of the Forces, without a place in the cabinet, but his ability in debate and as a financier soon raised him to higher employment; Lord Orford was made First Lord of the Admiralty; and Marlborough, Commander-in-Chief and Master of the Ordnance. His power, however, was gone. In the whole new cabinet Nottingham was the only member who belonged to the Tory party, and of late he had been acting more in common with the Whigs. The Tories complained vehemently of their exclusion, as if their dealings with the Pretender had been a recommendation to the House of Hanover. They contended that the king should have shown himself the king of the whole people, and aimed at a junction of the two parties.A third Bill yet remained to be carried, in order to complete the Ministerial scheme of Emancipation, and supply the security necessary for its satisfactory working. This was the Bill for disfranchising the forty-shilling freeholders, by whose instrumentality, it may be said, Emancipation was effected. It was they that returned Mr. O'Connell for Clare; it was they that would have returned the members for twenty-three other counties, pledged to support his policy. It is true that this class of voters was generally dependent upon the landlords, unless under the influence of violent excitement, when they were wrested like weapons from their hands by the priests, and used with a vengeance for the punishment of those by whom they had been created. In neither case did they exercise the franchise in fulfilment of the purpose for which it was given. In both cases those voters were the instruments of a power which availed itself of the forms of the Constitution, but was directly opposed to its spirit. Disfranchisement, however, in any circumstances, was distasteful to both Conservative and Liberal statesmen. Mr. Brougham said he consented to it in this case "as the pricealmost the extravagant price"of Emancipation; and Sir James Mackintosh remarked that it was one of those "tough morsels" which he had been scarcely able to swallow. The measure was opposed by Mr. Huskisson, Lord Palmerston, and Lord Duncannon, as not requisite, and not calculated to accomplish its object. But although Mr. O'Connell had repeatedly declared that he would not accept Emancipation if the faithful "forties" were to be sacrificed, that he would rather die on the scaffold than submit to any such measure, though Mr. Sheil had denounced it in language the most vehement, yet the measure was allowed to pass through both Houses of Parliament without any opposition worth naming; only seventeen members voting against the second reading in the Commons, and there being no division against it in the Lords. Ireland beheld the sacrifice in silence. Mr. O'Connell forgot his solemn vows, so recently registered, and, what was more strange, the priests did not remind him of his obligation. Perhaps they were not sorry to witness the annihilation of a power which landlords might use against them[302] and which agitators might wield in a way that they could not at all times control. There had been always an uneasy feeling among the prelates and the higher clergy at the influence which Mr. O'Connell and the other lay agitators had acquired, because it tended to raise in the people a spirit of independence which rendered them sometimes refractory as members of the Church, and suggested the idea of combination against their own pastors, if they declined to become their leaders in any popular movement. The popular leaders in Ireland, however, consoling themselves with the assurance that many of the class of "bold peasantry" which they had glorified would still enjoy the franchise as ten-pound freeholders, consented, reluctantly of course, to the extinction of 300,000 "forties." They considered the danger of delay, and the probability that if this opportunity were missed, another might not occur for years of striking off the shackles which the upper classes of Roman Catholics especially felt to be so galling.