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 Prefented to 
 The Cornell University, 1869, 
 
 BY 
 
 Goldwin Smith, M. A. Oxon., 
 
 Regius Profeffor of Hiilory in the 
 Univerfity of Oxford. 
 
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 Cornell University Library 
 
 DA 560.C87 
 
 Whig and Tory administrations dufina,,'))^, 
 
 3 1924 028 286 213 
 
DA 
 
Cornell University 
 Library 
 
 The original of tiiis book is in 
 tine Cornell University Library. 
 
 There are no known copyright restrictions in 
 the United States on the use of the text. 
 
 http://www.archive.org/cletails/cu31924028286213 
 
WHIG AND TOEY ADMINISTRATIONS. 
 
LONDON: PRINTED BT 
 
 SPOTTISWpODE AND CO.. NEW-STREET SQUAEE 
 
 AND PARLIAMENT STREET 
 
WHIG AND TORY ADMINISTRATIONS 
 
 DURING THB 
 
 LAST THIRTEEN YEARS. 
 
 HOMEESHAM QOX, M.A. 
 
 BARRISTER- AT-LA.W : 
 
 AUTHOR OF ' THE DtSTITUTIONS Or THE BRITISH GOTEIUfMENT,' ' AHTIENT PARLIAMENTARY 
 ELECTIOSS,' AND 'THE HISTORY OF THE REFORM BILLS OP 1866 AND 1867.' 
 
 LONDON : 
 
 LONGMANS, GEEEK, AND CO. 
 
 1868. 
 
CORNELL 
 
 university! 
 
 LIBRARY 
 
 \ 
 
PREFACI^. 
 
 In the following very concise account of recent Whig 
 and Tory Administrations there is no affectation of 
 historical impartiality. These pages have been written 
 under the influence of earnest convictions; but, at the 
 same time, the obligation of strict fidelity in the 
 statement of material facts has been scrupulously 
 regarded. The references continually cited will 
 -afford the means of ascertaining readily whether that 
 obligation has been fulfilled. 
 
 LojTDON : November 18fi8. 
 
CONTENTS. 
 
 CHAPTER I. 
 
 LoED Palmeesion's Fikst Administration, 1855-8, 
 
 Resignation of Lord Aberdeen, Lord Palmerston'a Cabinet, page 1. — Sir 
 George Cornewall Lewis, Chancellor of the Exchequer, 2. — Abolition 
 of New Paper Duties, 3. — Resignation of Lord John Russell, 4. — In- 
 crease of Estimates condemned by Mr. Gladstone, 6. 
 
 CHAPTER II. 
 
 LoKD Deeby's Administeation, 1858-9. 
 
 Lord Palmerston's Resignation, Lord Derby's Cabinet, 8. — Reform post- 
 poned, 9. — Admission of Jews to Pailiament, 10. — Transfer of Indian 
 Government to the Crown, 11. — Mr. Bright's Reform Speeches of 1858, 
 13. — The Conservative Reform Bill of 1859, 15.— Resignation of Mr. 
 Walpole and Mr. Henley, 16. — Defeat of the Bill, Appeal to the 
 Coimtry, and Defeat of the Ministry, 17. 
 
 CHAPTER III. 
 
 LoBB Palmeesion's Second Adsiinisteaiion, 1859-65. 
 
 Reform BiU of 1860, 19.— Withdrawal of the Bill, 20.— Increase of Expen- 
 diture, 20. — Mr. Gladstone's Financial Statements, 22. — Commercial 
 Treaty with France, 23. — Duty on Wines, 24.— Paper Duty, 25.— Re- 
 
VI CONTENTS. 
 
 form and Simplification of Tariff, 26. — Paper Duty abolished, 27. — 
 Budget of 1863 ; Reduction of Tea Duty and Income Tax, 28. — Eeduc- 
 tion of Expenditure, 30. — Sugar Duties, Income Tax, and Fire Insurance 
 Duty, 31. — General character of Mr. Gladstone's Financial Reform, 82. 
 — Legislation during Lord Palmerston's Second Administration, 33. — 
 Lord Westbury's Expurgation of the Statute Book, 34. — Mr. Villiers's 
 Parochial Assessments Bill ; the Highway Act, 34 — Government An- 
 nuities Act ; Audit of Public Accounts, 35. — Foreign Affairs; Expen- 
 diture condemned by Mr. Oobden, 36. 
 
 CHAPTER IV. 
 
 Lord Russell's Administkation, 1865-6. 
 
 General Election, 1865, 38. — Death of Lord Palmerston, 38. — Franchise 
 Bill, 1866, 39.— Redistribution of Seats' Bill, 40.— Defeat and Resigna- 
 tion of Ministry, 41.— Mr. Gladstone's Budget, 1866, 42.— Reduction of 
 National Debt, 42. — Terminal Annuities' Bill, 43. — Tenure of Land 
 (Ireland) BiU, 44. 
 
 CHAPTER V. 
 
 LoBB Derby's Adminisiration, 1866. 
 
 Lord Derby's Cabinet, 46. — Reform Resolutions, 47. — Ten Minutes' Bill, 48. 
 — Reform Bill, 49. — Its anomalies, 49. — Abolition of Small Tenements 
 Acts, 60. — Liberal Amendments of the Bill, 51. 
 
 CHAPTER VI. 
 
 Mr, Disraeli's Administeation, 1867. 
 
 Autumnal Session, 54. — Lord Derby's Resignation, 54. — Scottish Reform 
 Bill, 55. — Irish Reform Bill, 56. — Boundaries of Boroughs, 58. — Elec- 
 tion Petitions Act, 61.— Registration Act, 63. — Compulsory Church 
 Rates Abolition Act, 64. — Abolition of Flogging in the Army, 65. — 
 Abandonment of the ' Balance of Power,' 66. — Irish Church, 67. — Mr. 
 Dillwyn's Motion in 1865, 68.— Mr. Gladstone's Speech of 1865 respect- 
 ing the Irish Church, 69. — Lord Russell's Motion for a Commission of 
 Inquiry, 72. — The Irish Policy of the Conservative Government explained 
 by Lord Mayo, 73. — Debate on this Scheme, 76. — Arguments for a 
 State Religion examined, 78. — Mr. Disraeli's repudiation of the Policy 
 of Catholic Endowments, 80. — Mr. Gladstone's Motion for a Committee 
 of the Whole House, 81,— Coronation Oath, 84 — The circumstances of 
 
CONTENTS. VU 
 
 the English and Irish Churches distinguished, 87. — The Government 
 defeated, 90. — The First Resolution for Disestablishment carried against 
 the Government, 91. — The Ministers offer their Resignation, 91. — An 
 Appeal to the Country promised, 91. — Suggestions for Limiting the 
 Supplies, 92. — Promise of a Dissolution renewed, 93. — Second, Third, 
 and Fourth Resolutions on the Irish Church, 95. — Address to the 
 Crown, and the Reply, 95. — Established Church (Ireland) Bill carried 
 in the House of Commons, 96. — Rejected by the House of Lords, 97. — 
 Nature of Ecclesiastical Property, 98. — Origin of Tithes, 99. — The 
 Theory of the Sacredness of Church Property, 100. — The Royal Speech 
 at the end of the Session, 103. 
 
 CHAPTER VII. 
 
 Financial Histoey eeom 1865. 
 
 Reductions of Expenditure effected by Mr. Gladstone, 104. — Increase of Ex- 
 penditure by his successors, 107. — The Budget of 1868 announced a De- 
 ficit and a Loan, 108. — Mr. Ward Hunt's Apology for Increased Expen- 
 diture, 111. — Cost of Army and Navy, 113. — Growth of Admiralty Ex- 
 penditure, 114. — Reforms of Dockyard Accounts by Mr. Stansfeld and 
 Mr. Childers, 115. — Report of Mr. Seely's Committee, 116. — Instances 
 of Mismanagement of the Admiralty, 117. — Necessity of Reform of the 
 War Departments, 121. 
 
WHIG AND TORY ADMINISTRATIONS 
 
 DTTKnra 
 THE LAST THIRTEEN TEARS. 
 
 CHAPTEE I. 
 
 LORD PALMERSTON's FIRST ADMINISTRATION, 1855-8. 
 
 If we look back upon tlie actual legislative performances 
 of Liberal and Conservative Administrations during the 
 last twelve or thirteen years, we shall have a tolerably 
 clear view of the relations of the two great political par- 
 ties towards each other, and of the places which they are 
 likely to occupy in future histories of this country. The 
 existing combinations cannot be considered to have been 
 established until after the year 1855. The Cabinet 
 at the beginning of that year was composed partly of 
 Whigs and partly of former colleagues of Sir Robert 
 Peel. The Earl of Aberdeen was Prime Minister, Lord 
 Palmerston Home' Secretary^ Lord John Russell Presi- 
 dent of the Council, Mr. Gladstone was Chancellor of 
 the Exchequer, and Sir James Graham presided at the 
 Admiralty. But soon after the commencement of the 
 Session of 1855, in consequence of an adverse vote of 
 the House of Commons respecting the conduct of the 
 Russian War, Lord Aberdeen resigned. He was suc- 
 ceeded by Lord Palmerston. Lord John Russell was 
 associated with him as Colonial Secretary, but Mr. 
 Gladstone left the Cabinet, and his ofiice of Chancellor 
 
2 WHIG AND TORY ADMIOTSTEATIONS. 
 
 of the Exchequer was transferred to the late Sir George 
 Cornewall Lewis. The following is an extract from a 
 letter written by that lamented statesman announcing 
 his appointment. The editor of his Essays on the Ad- 
 ministrations of Great Britain from 1783 to 1830 justly 
 observes with reference to this letter that ' those who 
 knew him well will not suspect him of any affectation 
 when he professes his indifference, or rather his reluct- 
 ance, to accept the high office then placed at his disposal.' 
 
 Soon after my return to London after my election, I received 
 quite unexpectedly the offer of the office of Chancellor of the 
 Exchequer in Lord Palmerston's Government. I had just 
 returned from the country. I had had no time to look into my 
 
 private affairs since my father's death I had to follow 
 
 Gladstone, whose ability had dazzled the world, and to pro- 
 duce a war budget with a large additional taxation in a few 
 weeks. All these circumstances put together inspired me with 
 the strongest disinclination to accept the offer. I felt, however, 
 that in the peculiar position of his government, the office having 
 
 been already refused by , refusal was scarcely honourable, 
 
 and would be attributed to cowardice, and I therefore most 
 
 reluctantly made up my mind to accept There is an 
 
 awkward question about the newspaper stamp which I have 
 had to plunge into. There are also all the preparations to be 
 made for the impending budget, and measures to be taken for 
 providing sufficient sums to meet the enormous extraordinary 
 expenditure which the war in the Crimea is causing. Glad- 
 stone has been very friendly to me, and has given me all the 
 assistance in his power.* 
 
 The attention of Parliament and the country during 
 the year was occupied principally by the Russian war ; 
 but during the Session the Whig Ministry found time to 
 carry some most important measures of domestic interest. 
 Foremost among them was the establishment of a cheap 
 newspaper press. In the Royal Speech at the end of 
 the Session Her Majesty was enabled to congratulate 
 
 * Essays on the Admin istratious of Great Britain from 1783 to 1830, Iby 
 the Right Hon. Sir George Cornewall Lewis. Edited by Sir Edmund 
 Head. Preface, p. xvii. 
 
LORD PALMEESTON'S FIRST ADMINISTRATION, 1855-8. 3 
 
 Parliament on the abolition of the duty on newspapers, 
 and to express an opinion that it would ' tend to diffuse 
 useful information among the poorer classes of Her Ma- 
 jesty's subjects.' 
 
 In the month of March 1855, it became the duty of 
 Sir George Cornewall Lewis, as Chancellor of the Ex- 
 chequer, to present to the House of Commons a scheme 
 for the abolition of the compulsory newspaper stamp. 
 The author of this scheme was Mr. Gladstone, and the 
 history of it was thus narrated to the House by his suc- 
 cessor. After referring to a Eesolution of the previous 
 Session condemning the existing laws with reference to 
 the periodical press, as 'ill defined and unequally en- 
 forced,' Sir George Cornewall Lewis proceeded : — 
 
 This Kesolution having been unanimously agreed to by the 
 House last Session, the question naturally came under the 
 consideration of Lord Aberdeen's Government during the recess, 
 and the subject feU necessarily within the province of my right 
 hon. friend the Member for the University of Oxford. The plan 
 which he submitted to the consideration of the Government is 
 now before the House. It involves substantially the abolition 
 of the newspaper stamp.* 
 
 Mr. Gladstone's proposal, which speedily became law, 
 was to allow the proprietors of any newspaper an option 
 of either stamping any portion of the issue or of leaving 
 it altogether unstamped. The stamped copies were to 
 have the privilege of free transmission by post. The pro- 
 ject was stroijgly opposed by the Conservatives, who con- 
 sidered that the effect would be to encourage seditious 
 and immoral publications. When the Bill came on for' 
 second reading, Mr. Deedes, Member for East Kent, 
 moved that it should be postponed until after the 
 Chancellor of the Exchequer had made his financial 
 statement. He stated, however, that his opposition to 
 the measure was not exclusively or even principally 
 
 * Hansard, vol. 137, col. 776. 
 B 2 
 
4 WHIG AND TORY ADMINISTRATIONS. 
 
 founded on financial considerations, and anticipated ' the 
 introduction of papers of a low and immoral character.'* 
 The motion for postponing the BUI was strongly sup- 
 ported by Mr, Disraeli, who argued that the House 
 ought not to be called upon to repeal a tax, when the 
 Chancellor of the Exchequer would not, and possibly 
 could not, state what was the compensation to be afforded 
 to the revenue. Lord Palmerston answered, that though 
 the amendment was ostensibly only for delay, it was 
 intended to prevent the Bill from being passed, and 
 added. 
 
 Let every Member know that in giving his vote on this 
 motion lie will practically be giving Ms vote ' Aye ' or ' !No ' 
 for the measure.! 
 
 After an animated debate, the second reading was 
 carried by a majority of 54 — the numbers being, ayes 
 215; noes 161. The majority included the names of 
 Sir Richard Bethell, Mr. Bright, Mr. Cobden, and Mr. 
 Gladstone. The minority included nearly all the chiefs 
 of the Tory party, and among them were Mr. Cairns 
 (now Lord Cairns), Mr. Disraeli, Mr. Henley, Sir John 
 Pakington, General Peel, and Sir Frederic Thesiger 
 (now Lord Chelmsford). 
 
 Lord Palmerston's Government of 1855 was mate- 
 rially weakened by the secession of Lord John Russell, 
 who had taken part at Vienna in diplomatic consulta- 
 tions having for their object the conclusion of a peace 
 with Russia. Lord John found that his colleagues 
 were not disposed to assent to certain proposals which 
 appeared to him acceptable as bases of negotiation with 
 Russia, and when this divergence of opinion became the 
 occasion of a hostile motion in Parliament, resigned his 
 place in the Cabinet. J 
 
 • Hansard, vol. 137, col. 1109. f Ibid. col. 1164. 
 
 X Ibid. vol. 139, col. 889. 
 
LORD PALMKRSTON's FIRST ADMINISTRATION, 1855-8. 5 
 
 During the following year the Russian war termi- 
 nated, and under the auspices of Lord Palmerston and 
 his colleagues a treaty was concluded, by which (accord- 
 ing to the language of the Royal speech at the end of 
 the Session) ' the objects for which the war had been 
 undertaken were fully attained.'* 
 
 The period was not favourable for domestic reforms. 
 Less than twelve months intervened between the cessa- 
 tion of hostilities with Russia and the commencement of 
 the terrible Indian Mutiny of 1857. The succession 
 of grave transactions abroad gave full scope to Lord 
 Palmerston's administrative abilities; but the public 
 attention, preoccupied by military events, was directed 
 but languidly towards our internal polity. Royal 
 speeches at the end of a session are at least some criterion 
 of the national progress. If we look at the language of 
 these productions during Lord Palmerston's first Admin- 
 istration, we find them filled with wars and rumours of 
 wars. The people were so much engaged in looking 
 abroad that they had but little time to bestow on their 
 interests at home. In some respects we retrograded. 
 The course of financial economy which Mr. Gladstone had 
 initiated in 1852, when he first became Chancellor of the 
 Exchequer, was not pursued; and, as an independent 
 member of Parliament, he viewed with dissatisfaction 
 the abandonment of some of his most valuable projects 
 for ameliorating the material condition of the lower 
 classes. In 1856 and 1857 Sir George Cornewall 
 Lewis, then Chancellor of the Exchequer, proposed an 
 increase of the duties on sugar and tea — or rather that 
 the successive reductions of those duties for which Par- 
 liament, at the instance of his predecessor, had provided, 
 should be suspended. Mr. Gladstone complained much 
 of the estimates which rendered such proposals necessary. 
 He showed that two or three millions of money arising 
 
 ' Hmisard, vol. 143, col. 1492. 
 
b WHIG AND TORY ADMINISTBATIONS, 
 
 from an expiring income tax, which ought to have been 
 devoted towards the liquidation of the public debt, in 
 accordance with a pledge given to Parliament, were 
 applied to ordinary current expenditure. He added, 
 
 We have not only to look back to the rapid increase of those 
 estimates extending over several years, but vce have to con- 
 sider what are the prospects for the future ; and I am sorry 
 to say that in my humble and conscientious opinion those 
 prospects are still more gloomy and perplexing . . . As 
 regards the general scale of miscellaneous estimates, it is im- 
 possible that they should be effectually cut down in this House. 
 It is the Government, and the Government only, wisely and 
 firmly supported by this House, which can possibly cut them 
 down. I may, perhaps, be of a censorious disposition, but I 
 frankly own that the views of the Government with respect 
 to public economy are not my views . . . The temper of 
 the public, reflected as it is by this House, is not at the present 
 moment favourable to economy.* 
 
 The observations here made as to the actual control 
 of Parliament over the public expenditure are of per- 
 manent constitutional importance. The real extent of 
 the power of the House of Commons in this respect is 
 very much misunderstood. Theoretically, the represen- 
 tatives of the people hold the strings of the public purse ; 
 but in practice, the scale of estimates is determined 
 mainly by the administrative government. When the 
 time comes for voting supplies, it is generally too late to 
 effect any considerable reduction. With respect to the 
 greater part of the expenditure, the nation is virtually 
 committed to the outlay, by the action of the public 
 departments, long before the money is voted. The 
 estimates which Parliament will have to pass in 1869 
 are made up in a great measure from the requisitions 
 of the different branches of the public service in the 
 latter part of 1868. Consequently the House of Com- 
 
 • Hansard, vol. 147, col. 1497 (August 12, 1857). 
 
LORD PALMERSTON'S FIRST ADMINISTRATION, 1855-8. 7 
 
 mons considers itself precluded from exercising with 
 absolute freedom its constitutional power of curtailing 
 items of supply. Economy of the national revenues 
 depends primarily and mainly upon the vigilance of the 
 Cabinet, and its determination to resist excessive de- 
 mands by the public departments. 
 
WHIG AND TORY ADMINISTPATIOITS. 
 
 CHAPTER II. 
 
 LOED derby's administration, 1858-9. 
 
 Lord Palmerston's first Administration came to an end 
 in February 1858. The occasion of its downfall was 
 connected with an atrocious conspiracy and attempt to 
 assassinate the Emperor of the French. Some of the 
 conspirators were in this country, but the law was 
 unable to reach them. Lord Palmerston introduced a 
 Bill by which a conspiracy within the United. Kingdom 
 to commit a murder abroad was declared to be a felony 
 punishable with penal servitude for life or a limited 
 number of years. The subject had become complicated 
 by diplomatic negotiations and by discussions carried 
 on with needless acrimony on both sides of the Channel. 
 After protracted debates the House of Commons passed, 
 by a majority of 19 (February 22, 1858), a reso- 
 lution which, while deploring and condemning the 
 attempt on the life of the French Emperor, censured 
 the mode in which the diplomatic communications had 
 been conducted by the Queen's Ministers. Thereupon 
 Lord Pahnerston relinquished office, and another Cabi- 
 net was speedily formed, in which the Earl of Derby 
 was Prime Minister. Mr. Disraeli became Chancellor 
 of the Exchequer, Lord Stanley undertook the Colonial 
 department, and Sir John Pakington was appointed 
 First Lord of the Admiralty. 
 
 The ensuing Session was not very productive. The 
 state of the Reform question at that time is sufficiently 
 indicated by a brief extract from a speech by Lord 
 
LORD derby's administration, 1858-9. 9 
 
 Derby on February 11, shortly before the change of 
 Administration. The Queen's Speech at the opening 
 of the Session had stated that the attention of ParHa- 
 ment would be ' called to the Laws which regulate the 
 Representation in Parliament, with a view to consider 
 what Amendments may be safely and beneficially made 
 therein.' * Referring to this paragraph, Lord Derby 
 said : — 
 
 If the measure were not brought forward at an early period 
 Her Majesty's Government would be open to the suspicion of one 
 of two things — either of desiring that the measure should not 
 pass at all during the present Session, which he was not quite 
 sure that some of them might not desire, as he confessed he 
 himself did; or else of hurrying it through without giving 
 Parliament and the country time to consider it.f 
 
 Of the two species of danger here contemplated, the 
 second, at least, was extremely remote. There was no 
 risk of either Lord Derby or Lord Palmerston ' hurry- 
 ing ' Parliamentary Reform in 1858. 
 
 Again, taking the retrospect in the Queen's Speech at 
 the end of the Session as a guide, we find that all the 
 ministerial measures to which the speech refers were 
 of a local nature. They included a Thames Embank- 
 ment Act, and other enactments relating to Scotch Uni- 
 versities, the Irish Encumbered Estates' Commission, 
 and the government of British Columbia. 
 
 Two measures of great national importance were 
 indeed carried during the Session of 1858 ; but the 
 Conservative Government did not attempt to claim the 
 credit of them. Principally through the persevering 
 efforts of Lord John Russell, a Bill was passed which 
 settled the vexed question of the admission of Jews to 
 Parliament. Respecting this remarkable measure the 
 Royal Speech was quite silent. 
 
 The history of the enactment which first enabled 
 
 • Hansard, vol. 148, col. 5. t Ibid. col. 1120. 
 
10 WHIG AND TORY ADMINISTBATIONS. 
 
 Jews to sit in Parliament is briefly this: — The old 
 oath of abjuration concluded with the words, ' And I 
 make this declaration upon the true faith of a Christian.' 
 Peers and Members of the House of Commons were 
 liable to heavy penalties if they voted in Parliament 
 without taking this oath. This declaration excluded 
 Jews from the Legislature, though, obviously, the ori- 
 ginal object of the oath was to maintain the succession 
 of the Crown against the Pretender. For many years 
 the House of Commons agreed to Bills for the relief 
 of Jewish subjects, and enabling them to take the oath 
 mth the omission of the words to which they had a con- 
 scientious objection. These measures were rejected by 
 the House of Lords. At length, after eight or nine 
 years' struggle, the persistent efforts of Lord John 
 Eussell were crowned with success. The ultimate so- 
 lution of the difficulty was due in no small degree to 
 the astuteness and constitutional learning of Sir Richard 
 Bethell, now Lord Westbury. Speaking, on July 13, 
 1858, Lord John Eussell said : — 
 
 The Attorney-General of that day, Sir Richard BetheU, 
 enforced with great legal learning, and with great force of 
 reasoning, the opinion that this House had the power to ad- 
 minister a declaration to a person objecting to take the oath, 
 and that declaration would be sufficient to admit him to his 
 seat.* 
 
 Lord John Russell then referred to the possibility of 
 such a decision of the House of Commons being con- 
 tested in the Courts of Law, and gave his preference to 
 the solution proposed by a Bill then before the House 
 of Lords, by which either House was enabled by a Reso- 
 lution to allow any person professing the Jewish reli- 
 gion to omit from the required oath the words ' And I 
 make this declaration upon the true faith of a Christian.' 
 
 The Bill enabling either House to admit Jews by 
 
 • Hansard, vol, 151, col. 1371. 
 
LORD DEKBY'S administration, 1858-9. 11 
 
 Resolution* was introduced in the Upper House by the 
 Earl of Lucan, and was ultimately enacted with the 
 reluctant consent of the GoA^ernment. The spirit in 
 which the concession was made may be inferred from 
 the language of the following ' reason ' which, on the 
 motion of Lord Derby, was adopted as a ground for 
 insisting on certain amendments to the contemporary 
 Oaths' Bill sent from the Commons. 
 
 Because, without imputing any disloyalty or disaffection to 
 Her Majesty's subjects of the Jewish persuasion, the Lords 
 consider that the denial and rejection of that Saviour in 
 whose name each House of Parliament daily offers up its 
 collective prayers for the Divine blessing on its counsels, 
 constitutes a moral unfitness to take part in the legislation of a 
 professedly Christian community. 
 
 This 'reason' was adopted on July 12, 1858, on the 
 motion of Lord Derby, by a majority of 8 ; and on the 
 very same night his Lordship voted for Lord Lucan's 
 Bni, which enabled Jews, by the contrivance above 
 described, to enter Parliament ! 
 
 Lord John Russell did not forego the temptation of 
 an obvious retort. On July 21, 1858, the Commons, 
 upon his motion, resolved 
 
 That this House does not consider it necessary to examine 
 the reasons offered by the Lords for insisting upon the 
 exclusion of the Jews from Parliament, as by a Bill of the 
 present Session, intituled ' An Act to provide for the Relief of 
 Her Majesty's Subjects professing the Jewish Religion,' their 
 Lordships have provided means for admission of persons pro- 
 fessing the Jewish religion to seats in the Legislature.! 
 
 The other great legislative measure of the year 1858, 
 to which reference has been made, was the Act by which 
 the government of India was transferred to Her Majesty. 
 The measure was originally introduced in February 
 1858, by Lord Palmerston, then Prime Minister, who 
 urged that 
 
 • 21 & 22 Vic. c. 49. t Hansard, vol. 151, col. 1905. 
 
12 WHIG AND TORY ADMINISTRATIONS. 
 
 India, with all its vast and important interests, should be 
 placed under the direct authority of the Crown, to be 
 governed in the name of the Crown, by the responsible 
 Ministers of ^ the Crown sitting in Parliament, and responsible 
 to Parliament and the public for every part of their public 
 conduct, instead of being as now mainly administered by a set 
 of gentlemen who, however respectable, however competent 
 for the discharge of the functions entrusted to them, are yet 
 totally irresponsible.* 
 
 The projected change was strenuously resisted by Mr. 
 Disraeli ; but the first stage of the India Bill was 
 carried by a majority of neaiiy two to one, the numbers 
 being, ayes 318, noes 173. This emphatic expression 
 of the opinion of the House of Commons induced the 
 Conservative Ministry, which was constituted shortly 
 afterwards, to relinquish their opposition to the transfer 
 of the Indian Government to the Crown. The subse- 
 quent history of the measure was thus narrated by the 
 Earl of Derby, on moving the second reading of the 
 Bill ultimately passed. After adverting to the resig- 
 nation of his predecessor, he observed : — 
 
 The noble Lord the Member for London (Lord John 
 Kussell) made a suggestion, which was, I think, as wise and 
 patriotic as it was certainly just and conciliatory, and it tended 
 to relieve Parliament from what might have been a very 
 serious embarrassment. Lord John Russell suggested — and the 
 Grovernment at once adopted the suggestion ; indeed to a 
 certain extent it had been already anticipated by us — that in- 
 stead of proceeding to match one Bill as a whole against the 
 other, we should enable the House to consider one by one in 
 Committee, resolutions, the principles of which were involved 
 in each, and out of those resolutions to frame a measure which 
 might receive the sanction of the Legislature . . . The 
 result of that course of proceeding is that there has been 
 sent up to your Lordships' House a measure, not depending for 
 its success on this or that political party, but a measure to a 
 great extent the work of the House of Commons itself, and 
 
 * Hansard, vol. 148, col. 1282. 
 
LOED derby's administration, 1858-9, 13 
 
 to which all parties concurred in giving their tribute of 
 praise.* 
 
 In the autumn of 1858 it became known that the 
 Conservative Ministry would propose a Reform Bill 
 during the ensuing Session. In 1852, and again in 
 1854, Lord John Russell had unsuccessfully introduced 
 Bills to amend the Representation. A great number of 
 notices, having reference to the same subject, or parts 
 of it, had been brought forward by independent mem- 
 bers of the House of Commons. The public interest in 
 the question was stimulated by a remarkable series of 
 orations delivered by Mr. Bright, in the autumn of 
 1858, in several of the most important towns of England 
 and Scotland. In addresses to enormous and enthu- 
 siastic audiences in Birmingham, Manchester, London, 
 Edinburgh, Glasgow, and other places, he explained the 
 existing disparities in the distribution of political power ; 
 and showed, by statistical evidence, that the majority of 
 the House of Commons were returned by one-sixth part 
 of the electors. On November 5, at a conference of 
 several Liberal members of Parliament and active Re- 
 formers, at the -Guildhall Coffee-house, London, it was 
 resolved that Mr. Bright should, in consultation with 
 others, prepare a Bill to amend the Representation. 
 This scheme was fully explained by him at several of 
 the subsequent political meetings, to which reference 
 has been made. It is remarkable, that his plan ■ for 
 extending the suffrage was almost identical with that 
 adopted nine years later by Mr. Disraeli. In his speech 
 at Manchester, December 10, 1858, after citing the 
 authority of Fox and Lord Grey in favour of a rated 
 householder's suffrage, Mr. Bright said : — 
 
 Now, what is it that I propose ? That every householder — of 
 course, because every householder is rated to the poor — shall 
 
 * Hansard, vol. 151, col. 1450. 
 
14 WHIG AND TORY ADMINISTRATIONS. 
 
 have a vote ; and if a man be not a householder strictly, but if 
 he have an ofBce or a warehouse, or a stable, or land, if he 
 shall have any property in his occupation which the Poor Law 
 taxes, out of which he must contribute to the support of the 
 poor — then I say that I would give that man a vote.* 
 
 There are passages in the speeches of Mr. Disraeli 
 and Lord Derby, nine years afterwards, which are iden- 
 tical iti effect with the foregoing extract. But at the 
 time when Mr. Bright delivered his Reform addresses 
 there existed in the minds of many persons the utmost 
 alarm and indignation. He was going to bring in ' the 
 floods of democracy,' and to ' Americanise our institu- 
 tions.' Why those disastrous results should follow from 
 his scheme of 1858, and should not follow from the 
 same scheme when reproduced by the Conservative 
 Ministry of 1867, has never been explained. Certainly, 
 Mr. Bright, in his orations, said hard and bitter things 
 of the aristocracy ; but many of them were, at least, 
 equally severe on him. The contest was a mere strife 
 of tongues ; and, of course, the more skilful word-fencer 
 got the best of it. At Bradford, for example, he said, 
 January 17, 1859, 
 
 One Scotch lord told a great audience that I was afflicted 
 by a visitation of Providence, and that I was suiFering from 
 disease of the brain. His friends can tell whether that is a 
 complaint with which he is ever likely to be afflicted.t 
 
 In his speech at Edinburgh in December 1858, after 
 describing the efforts of various governments to pass 
 Reform Bills, he thus foreshadowed that which was ex- 
 pected from the Minister then in office : — 
 
 Thus you see that all the leading holders of office among the 
 Whigs and amongst those statesmen who composed the Govern- 
 ment of Sir Robert Peel — all these men have declared in 
 
 * Mr. Blight's Speeches (revised hj himself) at Birmingham, &c. Lon- 
 don, 1859, p. 29. Speeches by John Bright, M.P. ; edited by James Thorold 
 Rogers, London, 1868, vol. 2, p. 45. 
 
 t Mr. Bright's Speeches (revised by himself), p. 67. 
 
LORD derby's administration, 1858-9. 15 
 
 favour of the object for the promotion of which we are met 
 to-night. But more than all this, more amazing still, we have 
 the only Government possible representing what is called the 
 Conservative party in the country making — without pressure 
 too — making the same declaration in the country. We know 
 that at this moment they are engaged in putting one ingredient 
 after another in the hope of giving something to us, as soon as 
 Parliament meets, which Parliament and the country may ap- 
 prove of. I hope to the bottom of my heart that it won't be that 
 sort of a feast which it is said that a Spanish host sets before 
 his guests consisting of a very little meat and a great deal of 
 table-cloth.* 
 
 But the apprehension was speedily realised. Parlia- 
 ment met in February 1859, and the Royal Speech 
 directed attention to the representation, and expressed 
 a hope that Parliament would give the subject ' calm 
 and impartial consideration.' When Mr. Disraeli came 
 to unfold his plan the ' table-cloth ' proved to be of al- 
 most interminable length. The history of the question 
 was narrated in many words. Many elevated sentiments 
 were uttered in that pompous language which recalls the 
 period when debates were interlarded with frequent 
 references to ' the noble lord in the blue ribbon,' and 
 Pitt and Fox were Mr. Pitt and Mr. Fox. The scheme 
 now described was of almost microscopic dimensions. 
 There was not to be any lowering of the franchise in 
 boroughs. Mr. Disraeli objected altogether to 'the coarse 
 and common expedient of what is called " lowering the 
 franchise in towns." 'f But there were to be lateral ex- 
 tensions of the franchise : for example, persons holding a 
 certain amount of property in the Funds or savings-banks, 
 and graduates and certificated schoolmasters, were to have 
 votes. The grand feature of the scheme was the equali- 
 sation of the county occupiers' qualification with that of 
 occupiers in boroughs. The occupier of a house of the 
 annual value of 10^. in a county was to be entitled to 
 
 * Mr. Bright's Speeches, &c., 1859, p. 32. f Ilamard, vol. 152, col. 985. 
 
16 WHIG AND TOEY ADMINISTRATIONS . " 
 
 be registered. With respect to the distribution of seats, 
 the Chancellor of the Exchequer expressed himself prin- 
 cipally concerned for the counties. He said : — 
 
 Why, Sir, it is notorious that if you come to population in 
 round numbers, 10,500,000 of the people of England return 
 only 150 or 160 county members, while the boroughs, repre- 
 senting 7,500,000, return more than 330 members. Admitting 
 then the principle of population, which is the principle of the 
 new school, I say you must disfranchise your boroughs and 
 give their members to counties. Sir, I never heard an answer 
 to that argument.* 
 
 And yet the answer is simple and obvious. The ' new 
 school' would be perfectly content to embface Mr. 
 Disraeli's proposal of disfranchisement and redistribution 
 according to population if carried out uniformly. When 
 he said that the counties were inadequately represented, 
 he omitted to mention that they include a vast num- 
 ber of petty boroughs which are under the influence of 
 large landowners and really formed part of the county 
 representation. The ' new school ' would very readily 
 consent to an equal partition of power in the House of 
 Commons between urban and rural populations, but the 
 county interest has uniformly rejected that arrange- 
 ment. 
 
 Mr. Disraeli's proposal to lower the county occupiers' 
 franchise to the borough level was opposed by some of 
 the most conscientious of his colleagues. Mr. Walpole 
 offered his resignation in a letter to Lord Derby, in 
 which he said : — 
 
 The reduction of the county franchise to a level with that 
 which exists in boroughs is utterly contrary to every principle 
 which the Conservatives as a party have always maintained. 
 .... I cannot help saying that the measure which the Cabinet 
 are prepared to recommend is one which we should all of us 
 have strongly opposed if either Lord Palmerston or Lord John 
 Russell had ventured to bring it forward.f 
 
 * Hansard, col. 978. t Hid. vol. 152, col. 1062. 
 
LORD derby's administration, 1858-9. 17 
 
 Mr. Henley, the President of the Board of Trade, re- 
 signed his office on the same grounds. 
 
 One of the chief parts of the ministerial scheme was 
 the elimination of the owners of property in boroughs 
 from the county registers. Mr. Bright pointed out that 
 the effect of this innovation would be to transfer ' one 
 hundred thousand votes on a franchise that had existed 
 for 400 years from counties to boroughs.' This part of 
 the Eeform Bill, and the absence of provisions for lower- 
 ing the franchise in boroughs, rendered it extremely 
 objectionable to the Liberal party. Lord John Russell 
 offered a Resolution strongly condemning the measure, 
 and with the strenuous support of Mr. Gladstone, Mr. 
 Bright, Lord Palmerston, and the whole strength of the 
 Liberal party, defeated the Government by a decisive 
 majority. Mr. Disraeli had previously made it known 
 that if the vote proved adverse he should appeal to the 
 country. This threat is one of the favourite weapons of 
 his armoury. He has been thrice in office, and on each 
 occasion has advised a dissolution. He took this course 
 in 1852, then in 1859, and now again in 1868. The 
 experiment failed in the two earlier instances, and will 
 probably fail again. After the election of a new Parlia- 
 ment in the summer of 1859, the Conservative Cabinet 
 was ejected by a vote of want of confidence, and a new 
 Ministry was formed, which comprised Lord Palmerston, 
 Lord John Russell, Mr. Gladstone, Sir George Cornewall 
 Lewis, and Mr. Sidney Herbert. 
 
 The debate on the vote which led to this change of 
 Government gives a fair idea of the actual work 
 which the Conservatives had accomplished during their 
 term of office. It is simply a matter of fact, that during 
 that period not one great legislative measure was passed 
 of which the new Ministry could claim to be the authors. 
 It is remarkable that, in his eleborate defence of his 
 government (June 7, 1859), Mr. Disraeli does not take 
 
 c 
 
18 WHIG AND TORY ADMINISTRATIONS. 
 
 credit for one solitary legislative achievement. His 
 speech is a series of able apologies. He admits that 
 the principal Bills which he had proposed had been 
 unsuccessful — but that was the fault of his opponents. 
 He acknowledges that the diplomatic efforts to maintain 
 peace between France and Austria had failed — the 
 failure was no fault of his. It might have been so ; but 
 that the Tory Government of 1858-9 did not effect one 
 important amendment in our laws and government is a 
 mere matter of history. 
 
LOED PALMEESTON's SECOND ADMINISTRATION, 1859-65. 19 
 
 CHAPTER III. 
 
 LORD PALMEESTON's SECOND ADMINISTRATION, 1859-65. 
 
 Lord Palmerston's talents for administration were 
 almost unrivalled, but he certainly was not a great 
 legislator. He left the business of proposing legislative 
 changes to colleagues whose zeal for Reform was much 
 greater than his own, and the chief labour of preparing 
 and defending the Reform Bill of 1860 devolved on 
 Mr. Gladstone and Lord John Russell. It is not in- 
 tended to narrate minutely the history of this measure, 
 which failed partly through the energetic opposition 
 of the Tories, and partly through the known indiffer- 
 ence of the Prime Minister. The chief feature of the 
 Bill was the proposed reduction of the occupiers' quali- 
 fication in boroughs from lOZ. to Gl. per annum. Lord 
 John Russell computed that this extension of the 
 suffrage would add rather less than 200,000 votes to the 
 burgess lists. 
 
 It is amusing to observe the alarm with which the 
 Tories at that time regarded a proposal which sinks 
 into insignificance compared with the change sanctioned 
 by them seven years later. Mr. Disraeli described the 
 projected enfranchisement of the working classes as 
 ' class legislation, with which, considering its power and 
 probable consequences, no class legislation that has 
 hitherto, though only partially prevailed, can for a 
 moment be compared.'* Mr. Walpole asked whether 
 the effect of the contemplated change would not be 
 
 * Hansard, vol. 157, col, 844. 
 c 2 
 
20 WHIG AND TORY ADMINISTRATIONS. 
 
 ' wealth and intelligence placed at the mercy of poverty 
 and passion.' * 
 
 The Bill was read a second time without a division, 
 but the motion for going into committee upon it was 
 carried by such a narrow majority (13 in a very 
 full House), that Lord John Russell was compelled to 
 abandon the attempt as hopeless. Thenceforward, dur- 
 ing the remainder of Lord Palmerston's career, all 
 Parliamentary eflforts to amend the representation Avere 
 initiated by private members exclusively. The apathy of 
 the Prime Minister and the state of public feeling com- 
 pelled Lord John Russell to reluctantly abandon, for a 
 season, his zealous and meritorious labours to improve 
 our Parliamentary institutions. 
 
 A far more satisfactory issue awaited Mr. Gladstone's 
 Financial Reforms. His comments on the growth of 
 expenditure after the Russian war have been already 
 noticed, but the evil went on increasing until it became 
 appalling. If any statement could win popular atten- 
 tion to the wearisome subject of finance, it would be 
 such an alarming calculation as the following, which is 
 to be found in his budget speech of IE 60 : — 
 
 We have at our command a tolerably accurate and tolerably 
 complete comparison between the rate of growth in the wealth 
 of the country, and the increase of its expenditure. Between 
 the years 1842 and 1853, the increase of her wealth was 
 apparently at the rate of 12 per cent., and the growth of her 
 expenditure at the rate of Sf per cent.; while between 1853 
 and 1859 the national wealth grew at the rate of 16-| per cent.; 
 hut the public expenditure, so far as it was optional and subject 
 to the action of public opinion, rose upwards at the rate of 58 per 
 cent.f 
 
 Very few people have an adequate idea of the rate 
 at which the national burdens have increased since 
 1853. The actual cost of government in that year was 
 
 * Hansard, vol. 158, col. 620. 
 
 t Financial Statements by the Right Hon. "W. E. Gladstone, p. 120. 
 
LORD PALME RSTON's SECOND ADMINISTRATION, 1859-65. 21 
 
 55,769,000^. In 1859 it was 70,123,000/.* That is, 
 the annual amount had increased in six years by the 
 enormous amount of about fourteen millions and a half 
 sterling. 
 
 But even this result does not fully show the immen- 
 sity of the change — the enormous strides which the 
 nation has taken in the path of financial extravagance. 
 We are to remember that a very large part of the annual 
 burden of the country is inevitable, and beyond Parlia- 
 mentary control ; the interest of the national debt 
 must be paid in full, and it forms a very large item. 
 The true measure of modern lavishness is obtained by 
 excluding such fixed obligations. The result is thus 
 stated by Mr. Gladstone : — 
 
 The increase in this expenditure wHcli, as I before said, is 
 under the control of Parliament, and whose amount is in the 
 main determined by public opinion . . . during the period 
 from 1853 to 1859 (a period of six years) increased from 
 23,361,000/., at which it stood in 1853-4, to 36,898,000/., 
 or at the rate of 58 per cent.f 
 
 In those half-dozen years the annual amount of volun- 
 tary disbursements had received an addition of thirteen 
 millions and a half sterling ! 
 
 It is very remarkable that this prodigious lavishness 
 has been confined almost entirely to the last fifteen 
 years. In the previous decade (the period of Sir Robert 
 Peel's and Lord John Russell's administrations) the 
 expenditure was nearly stationary. 
 
 Unhappily, the study of public finance is never likely 
 to be popular. Except by a few earnest and diligent 
 students of politics the significance of the series of 
 'financial statements' which Mr. Gladstone made while 
 he held the otfice of Chancellor of the Exchequer is but 
 dimly appreciated. People understand in a vague way 
 
 * Financial Statements, p. 119. 
 t lUd. p. 120. 
 
22 WHIG AND TORY ADMINISTEATIONS. 
 
 that the public burdens are greatly increased in modern 
 times — that there is a prodigious waste in the military 
 and naval departments — that during the last ten or 
 twelve years we have been committed to what a French 
 Minister happily termed a policy of emulation ; but how 
 few are able to investigate the real nature of the evil, 
 and to discover practicable remedies ! The budgets of 
 which Mr. Gladstone is author are characterised by a 
 quality which, for want of a better word, may be called 
 thoroughness ; but that very characteristic renders them 
 necessarily intricate, and there are not many persons 
 who are willing to devote to them the requisite amount 
 of study. Year after year, the late Chancellor of the 
 Exchequer explained with admirable precision and clear- 
 ness the state of the Impei'ial accounts ; but, it must be 
 allowed, that his expositions are unavoidably abstruse. 
 They are indeed 'caviare to the general.' In this 
 place it is not intended to give even a summary of the 
 remarkable series of 'financial statements' commenced 
 in 1860. All that wUl be attempted is to select some 
 of those pai'ticulars which are nearest to the surface of 
 a profound science. 
 
 In 1860, after demonstrating the prodigious rate at 
 which the annual cost of Government had increased, 
 Mr. Gladstone said : — 
 
 With what views, then, and upon what principles, are we to 
 face this state of circumstances ? I may at once venture to 
 state frankly that I am not satisfied with the state of the 
 public expenditure, and the too rapid rate of its growth. I 
 trust, therefore, that we mean in a great degree to retrace our 
 steps by watching for, and by turning to account, every oppor- 
 tunity of retrenchment. The process of retracing our steps in 
 such a matter, however, even where it is resolved upon and 
 begun, is one which must necessarily be gradual. For, if it be 
 not pursued with circumspection and with caution, it will but 
 serve to aggravate the very evils which it may be intended to 
 remove.* 
 
 * Financial Statements, p. 121, 
 
LORD PALMERSTON's SECOND ADMINISTRATION, 1859-65. 23 
 
 It may be objected that, entertaining these senti- 
 ments, Mr. Gladstone ought to have insisted upon a 
 reduction of the Estimates. The sufficient answer is, 
 that they were, to a great extent, beyond his control ; 
 that they were framed by departments over which he 
 had no direct authority ; and, above all, that public 
 opinion, as expressed by the House of Commons, did 
 not enable any statesman to enforce severe economy. 
 The Chancellor of the Exchequer is, by the nature of 
 his office, restricted to the duty of adjusting burdens so 
 that they may be borne with as little inconvenience as 
 possible. His task is not unlike that of a skilful mule- 
 teer, or camel-driver, who arranges the load which his 
 cattle have to carry, so as to equalise the pressure. But 
 while the nation silently tolerated the load, while the 
 people of England — to use his own language — were 
 distinguished by an ' ignorant patience of taxation,' * he 
 had no more power to diminish their burdens than to 
 alter the tides and seasons. 
 
 Among the great financial achievements of 1860 
 must be reckoned the Commercial Treaty with France, f 
 By that agreement, France engaged to reduce largely 
 the duties on some of the most important products of 
 
 * Financial Statements, p. 126. 
 
 t The Commercial Treaty with France was strongly opposed by the 
 Conservative party, and was the occasion of protracted debates. To a motion 
 expressing approval of the Treaty, an amendment was unsuccessfully moved, 
 which declared that it contained ' unnecessary and impolitic restrictions to 
 which this House cannot assent.' The following short extract from Mr. 
 Disraeli's speech (March 9, 1850), will sufficiently show the part which he 
 took in the discussion : — 
 
 ' Sir, I have stated shortly my objections against this Treaty, financially 
 and diplomatically. Financially it affects injuriously a revenue which is in 
 a dilapidated state. Diplomatically it has produced an instrument which 
 does not clearly provide for British interests, which ought to have been pro- 
 vided for in perfect consistency with our commercial system.' He further 
 objected that, in a critical state of Europe, ' we are called upon to approve 
 this Treaty with a Power which the noble lord, the Secretary of State, him- 
 self hf.s described as a Power of disturbance and distrust.' — Hansard, vol. 
 157, col. 297, 309. 
 
24 Whig and toey administrations. 
 
 British industry — coal, coke, iron, steel, machinery, and 
 various textile manufactures. From a system of prohi- 
 bition our continental neighbours agreed to pass to a 
 system of duties not exceeding 25 per cent, ad valorem, 
 England, on her side, undei'took to diminish the customs' 
 duties on various foreign commodities, and especially 
 upon wine. One of the effects of these changes has 
 been the introduction of cheap and wholesome foreign 
 beverages into the English market. For a while ' Glad- 
 stone claret' was a favourite subject of ridicule, which 
 he anticipated thus : — 
 
 You find a great number of people in this country, who 
 believe, almost like an article of Christian faith, that an 
 Englishman is not born to drink French wines. Do what you 
 will, they say ; argue with him as you will ; reduce your duties 
 as you will ; endeavour even to pour French wine down his 
 throat; but still he will reject it . . . Taste, I say, is mutable. 
 It is idle to talk of the taste for port and sherry, and the 
 highly brandied wines as a thing fixed and unchangeable. 
 There is a power of unbounded supply of wine if you will 
 only alter your law ; and there is a power, I will not say of 
 unbounded demand, but of an enormously increased demand, 
 for this most useful and valuable commodity in all its various 
 descriptions.* 
 
 Time has slowly proved the correctness of this anti- 
 cipation. English people have lost much of their 
 ancient faith in liquids which, by a mere fiction, were 
 described as the products of Spain and Portugal, and 
 every day the relish for light and wholesome wines 
 becomes more general. It may be safely predicted that, 
 ultimately, this change of social habits will have a most 
 material effect in diminishing the national disgrace of 
 intemperance. 
 
 The Chancellor of the Exchequer did not omit to 
 pronounce an eloquent eulogium upon the principal 
 authors of the French Commercial Treaty, 
 
 * Financial StatementF, p. 153. 
 
LORD PALMEUSTON's SECOND ADMINISTBATION, 1859-65. 25 
 
 I cannot pass from tlie subject of the French Treaty with- 
 out paying a tribute of respect to two persons at least, who 
 have been the main authors of it. I am bound to bear this 
 witness at any rate with regard to the Emperor of the French ; 
 that he has given most unquivocal proofs of sincerity and 
 earnestness in the progress of this great work — a work which 
 he has prosecuted with clear-sighted resolution, not, doubt- 
 less, for British purposes, but in the spirit of enlightened 
 patriotism, with a view to commercial reforms at home, and to 
 the advantage and happiness of his own people by means of 
 those reforms. With respect to Mr. Cobden, speaking as I do 
 at a time when every angry passion has passed away, I cannot 
 help expressing our own obligations to him for the labour he 
 has at no small personal sacrifice bestowed upon a measure, 
 which he, not the least among the apostles of Free Trade, 
 believes to be one of the most memorable triumphs Free Trade 
 has ever achieved. Rare is the privilege of any man, who 
 having fourteen years ago rendered to his country one signal 
 and splendid service, now, again, within the same brief space 
 of life, decorated neither by rank nor title, bearing no mark 
 to distinguish him from the people whom he loves, has been 
 permitted to perform a great and memorable service to his 
 Sovereign and to his country.* 
 
 Another important recommendation of the Budget of 
 li'GO was the speedy aboHtion of the Paper Duty — one 
 of the chief obstacles to the diffusion of cheap literature ; 
 this impost was not, however, actually remitted until 
 the next year. The total amount of taxes remitted in 
 1860 was 2,900,000/., or, in round numbers, three mil- 
 lions sterling. But this statement by itself does not 
 
 * Financial Statements, p. 155. In this amply merited eulogiura of Mr. 
 Cobden for his services in negotiating the French Treaty, Mr. Gladstone 
 characteristically omitted to mention his own share in that achievement. 
 It is well known now that he was closely associated with Mr. Cohden in it, 
 was in constant communication with him throughout the negotiations, and 
 by his counsels and co-operation contributed in a most material degi'ee to 
 their final success. 
 
 Some idea of the extent of that success may be inferred from the state- 
 ment in the Budgets of 1864 and 1865, that in 1863, three years after the 
 Treaty was established, the exports to France had risen from nine millions 
 and a half sterling to twenty-three millions sterling, and in the following 
 year to twenty-four millions sterling. — Hansard, vol. 174, col. 561 ; vol. 
 178, col. .1097. 
 
26 WHIG AND TORY ADMINISTRATIONS. 
 
 adequately show the amount of benefit conferred upon 
 the commerce of this country. Mr. Gladstone effected 
 what he most justly termed a Reform of the Tariff — 
 an extensive revision and simplification of duties — ^which 
 had a great effect in promoting trade. The number of 
 customable articles in 1842 was 1,052. In 1859 the 
 number had been reduced to 419. By the reforms re- 
 commended by Mr. Gladstone in the next year the 
 whole number of articles remaining on the tariff became 
 48 nominally. But many of these were retained merely 
 as means of protection against frauds at the customs; 
 and, in reality, the only articles retained on the tariff 
 for the purposes of revenue were fifteen* 
 
 It is very remarkable that the large remission of duties 
 was attended with comparatively little loss of revenue, 
 while, of course, the importation of valuable commo- 
 dities largely increased. The import on four articles 
 of food set free from duty in 1860 — butter, cheese, eggs, 
 and rice — rose in one year to an enormous amount, 
 namely, from 4,694,000/. in 1860 to 7,393,000Z. in 
 1861. Reviewing in the latter year the observed re- 
 sults of his policy, Mr. Gladstone was able to announce 
 that, while the foreign trade in the articles on which the 
 duties were left untouched remained stationary, the 
 imports of commodities the duties of which were par- 
 tially remitted, rose by 17i per cent.; and of commodi- 
 ties the duties of which were wholly remitted, rose by 
 40. V per cent.f 
 
 But the picture was not all rose-coloured. The esti- 
 mated expenditure of the year 1861-2 was largely in- 
 creased by the Chinese war, and amounted in round 
 numbers to nearly 70,000,000/. ; the revenue was calcu- 
 lated at about 71,800,000/. This immense sum Mr. 
 Gladstone pronounced to be ' if not the very largest, one 
 
 * Financial Statements, p. 179. 
 
 t Financial Statement (1861), p. 228. 
 
LORD PALMERSTON'S SECOND ADMINISTRATION, 1859-65. 27 
 
 of the largest estimates of revenue which has ever been 
 presented to the country in times of peace.' It was 
 equivalent to about 200,000^. per diem. 
 
 From the figures just given it appears that the esti- 
 mates of this year 1861 showed a surplus of nearly two 
 millions sterling. Mr, Gladstone advised that a portion 
 of this balance should be disposed of by a remission of 
 taxation. But he held out no hope of a speedy aboli- 
 tion of the Income Tax. Upon this subject he made 
 an observation which is important as an indication of 
 the extent to which he believed it possible to reduce 
 the expenses of Government. 
 
 Looking forward into the future, and desirous to aiFord such 
 indications of it as I can venture to give, I should hazard an 
 opinion that if the country is content to be governed at a cost 
 of between 60,000,000/. and 62,000,000/., or even 64,000,000/. 
 a year, there is not any reason why it should not be so 
 governed without the Income Tax, provided that Parliament 
 shall so will it to be. If, on the other hand, it is the pleasure 
 of the country to be governed at a cost of between 70,000,000/. 
 and 75,000,000/. a year, it must in my judgment be so 
 governed with the aid of a considerable Income Tax.* 
 
 He proposed, however, on this occasion, the remission 
 of the impost by one penny in the pound ; and he also 
 eflfected the abolition of the Paper Duty.f The speech 
 concluded with another emphatic warning against the 
 mischiefs of public waste. 
 
 When in an extended retrospect, we take notice of the rate 
 at which we have been advancing for a certain number of 
 years, we must see that there has been a tendency to break 
 down all barriers and all limits which restrain the amount of 
 public charge. For my own part, I am deeply convinced 
 
 * Financial Statement (1861), p. 244. 
 
 t The remission of this tax was followed by an immense importation of 
 Foreign paper and an increase of the manufacture at home. The importa- 
 tion in 1859, before the repeal of the duty, was 18,000 cwt. ; in 1864 it had 
 risen to the enormous amount of 197,000 cwt. Paper not only became 
 cheaper, but was lowered in price by an amount exceeding the amount of 
 duty abolished. — Financial Statement, 1864 ; Hansard, vol. 174, col. 652. 
 
28 WHIG AND TORY ADMINISTRATIONS. 
 
 that all excess in the public expenditure beyond the legitimate 
 wants of the country is not only a pecuniary waste — for that, 
 although an important, is yet a comparatively trifling matter- — 
 but a great political, and above all, a great moral evil. It is 
 a characteristic. Sir, of the mischiefs which arise from financial 
 prodigality, that they creep onwards with a noiseless and 
 stealthy step ; that they commonly remain unseen and unfelt 
 until they reach a magnitude which is absolutely overwhelming.* 
 
 It is this aspect of the eiFects of national extrava- 
 gance which is most commonly overlooked. The burden 
 of the taxpayer is only a part of the evil. Lavish grants 
 of public money have a demoralising effect upon almost 
 everybody concerned in spending it. In the public 
 dockyards, for example, there is natui'ally a desire to 
 obtain large grants. They increase the consequence 
 of those establishments, and the staff, from the highest 
 officer down to the humblest artificer, regard the amount 
 voted not as a matter of national interest, but as it affects 
 themselves individually. It is notorious that if the sum 
 assigned to a particular dockyard happens to be more 
 than is wanted, the establishment nevertheless invents 
 ways of exhausting it. The superintendents prefer the 
 interests of the ' service ' to those of the public, and act 
 on the principle of spending all the money they get. 
 
 Again and again the Chancellor of the Exchequer 
 reitei'ated his complaints of the enormous growth of 
 public burdens. In 1862 he was enabled to give a re- 
 markable vindication of his policy of remitting duties. 
 He showed that, in the four preceding years, the annual 
 revenue — principally under the effect of such remissions, 
 without extension of the sources and apart from any 
 change of taxation — rose from sixty-four to sixty-eight 
 millions, or by a sum of four millions in the course of 
 those four years. Among the prominent characteristics 
 of the Budget of 1863 may be mentioned another large 
 reduction of the duty on Tea. and an alteration of the 
 
 * Financial statements (1861), p. 257. 
 
LORD PALMEESTON'S SECOND ADMINISTRATION, 1859-65. 29 
 
 Income Tax, by which incomes under 200^. and above 
 100^. were to be charged at a diminished rate. Of the 
 effect of lowering the duty on tea he gave the House 
 ocular demonstration in a curious manner, by exhibit- 
 ing two parcels which had been forwarded to him by a 
 member, the one labelled ' a pennyworth of tea at Is. 5(i.' 
 and the other ' a pennyworth of tea at Is.' The Com- 
 mittee was asked to observe the considerable difference 
 in their respective bulks. It was now proposed to re- 
 duce the tea duty from Is. bd. to Is. a pound. Ten 
 years previously — namely, in 1853 — the duty stood 
 at 2s. 2j(^., and Mr. Gladstone procured the reduction, 
 first to Is. lOtZ., and, in the course of three years, to 
 Is. a pound; but the public charges subsequently ne- 
 cessitated a postponement of this ultimate reduction.* 
 
 One more extract must suffice to indicate the general 
 character of the remarkable volume from which the fore- 
 going particulars have been taken : — 
 
 It must always be borne in mind that when we speak of the 
 expenditure of the Government, we speak of that which is 
 taken in great measure out of the earnings of the people, and 
 which forms in no small degree a deduction from a scanty store, 
 which is necessary to secure to them a sufficiency, I do not say 
 of the comforts of life, hut even of the prime necessaries of 
 food, of clothing, of shelter, and of fuel. Scarcely in any 
 country, scarcely in any period, have the earnings of the labour- 
 ing community availed to secure to them in these primary 
 respects even real sufficiency, much less general abundance. 
 And if we have been enabled, by proceedings of ours taken 
 within these walls, to raise the standard of comfort, and to 
 diminish, if not to do away with, the fearful gap which existed 
 half a century ago between the absolute necessities of the 
 labouring man and his means of supplying them, we have 
 accomplished a work for which the name of the Parliament of 
 this our age wiU be blessed to the latest generation. It was 
 about twenty years ago when Sir Robert Peel, Prime Minister 
 of this country at the time, referred with the greatest authority 
 
 * In 1865 Mr. Gladstone procured a further reduction of the duty to 
 Qd. per pound. The effect of this change will be considered in a suhse- 
 quent page. 
 
30 WHIG AND TORY ADMINISTRATIONS. 
 
 to the devouring effects of the Naval and Military expenditure 
 then maintained by the Governments of Europe. I am afraid, 
 Sir, that since the period at which he felt called upon thus to 
 speak, the evil has grown not less, but more intense. In no 
 quarter have those establishments diminished, in few are they 
 stationary, in almost all they have increased. The natural con- 
 sequence has appeared in the financial condition of almost every 
 country ; and, speaking generally, it might be said, without 
 any gross exaggeration, that deficit has become a rule. Nor 
 need I dwell upon the evils, political and social, and not finan- 
 cial only, which permanent or even frequent deficit entails. 
 
 After referring to a recent speech of the Finance 
 Minister of France, condemning what he termed the 
 expenditure of emulation, Mr. Gladstone proceeded: — 
 
 I trust I may also say — both on my own behalf and on that 
 of my colleagues — it is to us matter of additional satisfaction, 
 after reading the eloquent denunciation of the Finance Minister 
 of France, if, while we submit a plan which offers no incon- 
 siderable diminution of the burdens of the people, we can also 
 minister ever so remotely to the adoption of like measures in 
 other lands ; if we may hope that a diminished expenditure for 
 England will be construed beyond the Channel as the friendly 
 acceptance of a friendly challenge, and that what we propose, 
 and what Parliament may be pleased to accept, may act as 
 an indirect yet powerful provocative to similar proceedings 
 abroad.* 
 
 The last two years of Lord Palmerston's second Ad- 
 ministration showed that these doctrines had begun to 
 take effect, and that a sensible diminution of expenditure 
 has been produced. In the Financial Statement of 1864 
 Mr. Gladstone showed that the annual amount of money 
 spent was upwards of three millions less than in 1859, 
 which he designates the first of the years of high ex- 
 penditure. 
 
 In 1859 the expenditure was .... £70,017,000 
 
 In 1860 (including heavy charges for 
 
 the Chinese war) 72,504,000 
 
 In 1864 (including 1,125,000Z. for forti- 
 fications). 66,731,000 
 
 * Financial Statements (1863), p. 406. 
 
LORD PALMERSTON's SECOND ADMINISTRATION, 1859-65. 31 
 
 At the same time at wliich this satisfactory statement 
 was made, Mr. Gladstone was in a position to announce 
 a surplus income amounting to rather more than two 
 millions and a half sterling.* With this balance he dealt 
 as follows: — The Sugar Duties were largely reduced; 
 and the Income Tax, which stood at Id. in the pound, was 
 altered to 6c?. ; and lastly, the Fire Insurance Duty was 
 lowered by half its existing amount — that is, from 3s. to 
 Is. 6c?., — so far as stock in trade was concerned. With 
 regard to the Income Tax, Mr. Gladstone observed : — 
 
 My growing belief is, that if it is the desire of the House to 
 see re-established in public administration those principles of 
 reasonable thrift — I do not speak of wholesale changes, or 
 wholesale reductions, in which I have little faith — but those 
 principles of reasonable thrift which directed the Government of 
 this country from about the period of the Duke of Wellington's 
 Administration until the time of the Russian war, it is most 
 questionable whether that object can be accomplished compatibly 
 with the affirmation of the principle that the Income Tax is to be 
 made a permanent portion of the fiscal system of the country.| 
 
 The very large reduction of taxation in this year, it 
 was reasonably supposed, would produce a considerable 
 loss of revenue. Mr. Gladstone estimated the loss at 
 3,080,000?. ; but the next year he had the gratification 
 of finding his prediction completely falsified. So far 
 from suflFering a diminution of three millions, the reve- 
 nue for which he gave account in the budget of 1865 
 was actually slightly larger than that of the year before. 
 He was again in the agreeable position of a Chancellor 
 of the Exchequer with a large surplus in hand. The 
 total estimated income of the year was just over seventy 
 millions sterling, while the expenditure was slightly 
 more than sixty-six millions ; consequently there was a 
 balance of four millions to be disposed of. During three 
 years in succession there had been a surplus amounting 
 in the average to three and a half millions annually. The 
 
 • Hansard, vol. 174, col. 567. t Ibid. coL 587. 
 
32 WHIG AND TORY ADMINISTRATIONS. 
 
 duty on tea stood at Is. in the pound, whicli was at least 
 40 per cent, of the price of the commodity as sold by 
 the chest. This duty Mr. Gladstone now reduced by 
 one half — that is, to Qd. ; and he considered the effect of 
 this change would be to reduce the price by at least 20 
 per cent., and to place ' this most valuable and most 
 healthful of all the luxuries of the poor within the reach 
 of many who now do not enjoy it at all, or who only 
 enjoy it in a very limited degree.'* 
 
 Another considerable relief of the taxpayer, proposed 
 by this budget of 1865, was the reduction of the Income 
 Tax from 6d. to 4rf. in the pound, which is by far the 
 lowest point which that tax has ever reached. 
 
 Lastly, the diminution of Fire Insurance Duty, which 
 had been contined in the previous year to stock in trade, 
 was now extended to all insurances alike. 
 
 This very superficial and imperfect review of the 
 financial changes effected in thfe five years from 1859 to 
 1865, will serve to indicate the character, but not the 
 extent, of the services rendered to the country during 
 that period by the Chancellor of the Exchequer. Many 
 of the important changes which he effected in the collec- 
 tion and management of the public revenue have been 
 here left unnoticed. It is impossible to read the five 
 budgets of this period without perceiving that they are 
 the result of unwearied industry and most minute and 
 careful investigation. Anyone who is accustomed to 
 difficult researches will at once recognise the thoroughly 
 solid workmanship of these annual expositions. They 
 are the productions, not of an author who has merely 
 'got-up' his task for the occasion, who has hastily 
 ' crammed ' information obtained at second-hand — but of 
 one who has thoroughly digested his knowledge and 
 elaborated his conclusions. The innovations were many of 
 them bold, and would have been audacious but for the 
 
 * Hansard, vol. 178, col. 1120. 
 
LORD PALMERSTON's SECOND ADMINISTRATION, 1859-65. 33 
 
 extreme care with which they were considered. There is 
 a courage of ignorance, and there is a courage of know- 
 ledge. Mr. Gladstone, in many of his reforms, trod 
 upon new ground, but he trod upon it firmly and con- 
 fidently, because it had been well surveyed. 
 
 Time has vindicated the wisdom of measures which 
 promoted economy in the collection of taxes, increased 
 trade with foreign countries, and largely reduced the 
 price of commodities valuable to all classes of the com- 
 munity. The most adverse critics have not been able 
 to show that any one of the great changes introduced by 
 the budgets of 1860-5 have injured the revenue or 
 credit of the country; and in no single instance has a 
 reversal of Mr. Gladstone's financial reforms been even 
 suggested by his successors. 
 
 Passing now to a survey of the Legislation of Lord 
 Palmerston's Second Administration, we find that it 
 comprised many permanently beneficial changes, though 
 few of them were adapted to excite much popular 
 applause. The parliamentary history of Lord Pal- 
 merston's time — it must be admitted — was not brilliant, 
 and there has been a fashion of unduly depreciating the 
 labours of the Legislature during that period. The value 
 of new laws is not always directly proportional to the 
 noise which accompanies the enactment of them. A 
 review of the Statute Book during the five years com- 
 mencing with 1860 would show that Parliament was not 
 only not idle during that time, but that it accomplished 
 a large number of important, though unostentatious, im- 
 provements of our laws and institutions. 
 
 The technical and utilitarian character of these amend- 
 ments would, however, render any extended account of 
 them very tedious and uninteresting. A very rapid 
 enumeration of some of the principal improvements 
 must here suffice. In 1861 a series of Statutes was 
 
34 WHIG AND TOEY ADMINISTRATIONS. 
 
 passed for the purpose of consolidating and condensing 
 the Criminal Law. This great work, which had the 
 effect of substituting a Statutory Compendium in the 
 place of a heap of Enactments which had been accu- 
 mulated for upwards of two centuries, was carried 
 through Parliament principally by the exertions of the 
 Lord Chancellor, Lord Westbury. In 1862 an excellent 
 Act, with which the name of Mr. Villiers is honourably 
 associated, provided a greatly improved system of Paro- 
 chial Assessments, and established a machinery by 
 which the rateable value of property throughout the 
 country is fairly and impartially estimated. The High- 
 way Act of the same year was another development of 
 the principle of local self-government : that Statute took 
 away the management and maintenance of roads from 
 petty officers of individual parishes, and constituted 
 representative Highway Boards, which manage the roads 
 throughout districts which usually include several 
 parishes. One of the most useful, though certainly not 
 brilliant, performances of 1863 was a Revision of the 
 Statute Book, consisting of a repeal of an enormous 
 number of obsolete Enactments. This excision of 
 superfluous matter is obviously the first step towards 
 obtaining a compendious Digest of Statutes. Contem- 
 poraneously, considerable improvements were made in 
 Election Law ; and in order to restrain undue expendi- 
 ture at elections, candidates' accounts of their election 
 expenses were required to be published by the returning 
 officers. 
 
 In 1864 Mr. Gladstone introduced and carried, 
 notwithstanding great opposition, the Government An- 
 nuities' Act. The general object of this measure was to 
 enable persons, principally of the working-class, to efi"ect 
 Life Assurances with a Public department for small 
 sums of money. The premiums were to be received, 
 and the sums insured were to be paid, by the National 
 
LORD PALMEESTON's SECOND ADMINISTRATION, 1859-65. 35 
 
 Debt CommissioTiers, through the agency of the Post- 
 offices. It was objected, that this measure would enable 
 the Government to enter into active competition with 
 Friendly Societies and Assurance Companies; but such 
 associations do not afford the same security and facilities 
 for investment as a national institution can do. The 
 obvious advantages which Mr. Gladstone's scheme offered 
 to the working-classes secured for it the approval of 
 Parliament. 
 
 Another measure which he originated in 1865 had 
 reference more especially to his own department. The 
 office of Comptroller-General of Exchequer was consti- 
 tuted by an Act of the last reign, for the purpose of 
 providing an independent and impartial supervision of 
 national expenditure. It was the duty of this officer to 
 see that the Treasury did not draw out of the Bank of 
 England larger amounts of the public money than the 
 grants of Parliament authorised. But the office had 
 become almost a sinecure, and Mr. Gladstone showed 
 that its duties might be safely and economically trans- 
 ferred to another department — that for Auditing Public 
 Accounts. An Act of 1865 accordingly provided that 
 the two departments should be consolidated. 
 
 Still, it must be allowed that the retrospect of the 
 latter years of Lord Palmerston's Administration does 
 not show a list of magnificent legislative achievements. 
 The period was one of transition, during which public 
 opinion upon many great issues was becoming matured 
 by frequent discussion ; but the ultimate solution of 
 questions of the highest moment seems to have been 
 postponed by common consent. There were several 
 reasons for this pause in the progress of Reform. One 
 was the influence of Lord Palmerston himself. Another 
 was the great interest excited by foreign affairs. In 
 1861 public attention was much occupied by the war 
 in Italy, which resulted in the establishment of the 
 
 V 2 
 
36 WHIG AND TORY ADMINISTRATIONS. 
 
 Italian kingdom. This country regarded with intense 
 anxiety the civil war in America, and the consequent 
 cessation of supplies of cotton produced, in 1862 and 
 subsequently, an unparalleled amount of distress in our 
 manufacturing districts. The Chinese war of 1862, car- 
 ried on by combined British and French forces, occa- 
 sioned a large increase of the public expenditure. In 
 1863 a series of minor foreign complications arose — a 
 dispute with the Japanese — a rupture of diplomatic re- 
 lations with Brazil — and troubles with respect to the 
 Ionian Islands. In 1864 the diplomacy of the English 
 Government with reference to the war between Den- 
 mark and Germany became the subject of protracted 
 debates, and votes of censure upon the Ministry were 
 moved in both Houses of Parliament. In the House of 
 Lords the vote was carried by a majority of 9. A 
 similar vote in the House of Commons, moved by Mr. 
 Disraeli, was, after four nights' debate, rejected by a 
 narrow majority of 18.* 
 
 The most severe critics of Loi'd Palmerston's policy 
 were found amongst tbe advanced section of tbe Libe- 
 rals. They especially objected to the inci-eased expen- 
 diture required for military and naval purposes, and to 
 the Prime Minister's indifference to Reform. In a 
 review of the Session of 1862 Mr. Cobden said: — 
 
 I have sometimes sat down and tried to settle in my own 
 mind what amount of money the noble lord had cost the country 
 since he had been in office ; and I think that from 1840, dating 
 from that Syrian business which first occasioned a permanent 
 rise in the estimates ; judging by the way in which he, in con- 
 junction with others, continually stimulated the late Sir Robert 
 Peel into increased expenditure; taking into account his 
 Chinese wars, his AfFghan war, his Persian war, his expedi- 
 tions here, there, and everywhere ; taking into account his 
 Fortification scheme, which I suppose we must now accept 
 with all its consequences of increased military establishments ; — 
 
 * Hansard, vol. 176, col. 1300. 
 
LORD FALMERSTON's SECOND ADMINISTRATION, 1S59-65. 37 
 
 the least that I can put the noble lord down as having cost the 
 country, must be 100,000,000/. sterling. I think the noble 
 lord, with all his merits, is very dear at such a price.* 
 
 Adverting to the omission of the Government to 
 propose a Bill to amend the Representation, to the op- 
 position of the Prime Minister to the Ballot, and to the 
 abolition of Church Rates, and his indifference to other 
 reforms, Mr. Cobden added, ' the conduct of the whole 
 party becomes slack, and the principles advocated by 
 the party lose ground.' f It was notorious, however, 
 that the political apathy of Lord Palmerston was not 
 shared by the most eminent of his colleagues, and tbat 
 especially Lord Russell and Mr. Gladstone were dis' 
 satisfied, both on account of the large expenditure and 
 the unprogressive policy of the Administration. 
 
 * Hansard, vol. 168, col. 1101. t -TW. col. 1114. 
 
38 WHIG AND TOEY ADMINISTRATIONS. 
 
 CHAPTER IV. 
 
 LORD Russell's administration, ises-e. 
 
 The Royal Speech at the close of the Session of 1885 
 announced that 'the Electors of the United Kingdom 
 will be soon called upon again to elect their Repre- 
 sentatives in Parhament.' The Eighteenth Parliament 
 of the United Kingdom had so nearly reached the sep- 
 tennial period of its existence that a dissolution was 
 considered desirable. The election resulted in the 
 return of a computed majority of seventy members in 
 favour of Lord Palmerston's poHcy. But the accuracy 
 of this computation was not tested by experience ; for 
 the Prime Minister never met the new Parliament. He 
 died in October 1865, and was succeeded in his office 
 by Lord Russell, Mr. Gladstone retaining his place of 
 Chancellor of the Exchequer. 
 
 The change in the Administration immediately made 
 a great difference in the prospects of Reform. The 
 newly constituted Government during the autumn col- 
 lected a large mass of invaluable electoral statistics of 
 boroughs and counties. The volume compiled from 
 this information by Mr. Lambert has furnished the prin- 
 cipal data of the subsequent Reform Bills. 
 
 The ' History of the Reform Bills of 1866 and 1867 ' * 
 has been narrated by the present writer, and it is not 
 intended to repeat it. For the very succinct account 
 
 * London : Longman, Green, & Co., 1868. 
 
LOKD RUSSELL'S APMINISTRATION, 1865-6. 39 
 
 here to be given authorities Avill not be cited, for they 
 are stated with great minuteness in the former work. 
 Mr. Gladstone, in March 1866, submitted to the House 
 of Commons a Bill to extend the Rights of Voting in 
 England and Wales. The principal features of this 
 measure were as follows: — It did not include a redis- 
 tribution of seats, which was to be left to a subsequent 
 measure. The borough occupiers' qualification was to 
 be reduced from 10^. to 11. A lodger franchise was 
 given to persons occupying rooms of the annual value of 
 lOZ. The condition of payment of rates annexed by the 
 Reform Act of 1832 to the borough occupiers' qualifi- 
 cation was to be abolished entirely ; and all compound 
 householders — that is, persons whose rates were paid by 
 their landlords under a composition — were to come 
 upon the register, supposing the qualification to be 
 sufiicient in other respects. 
 
 The county occupiers' qualification was to be reduced 
 from 50Z. to 14^. ; and the county franchise of lease- 
 holders and copyholders in boroughs was extended. It 
 was computed that the total addition to the number of 
 electors would be about 400,000, of whom rather more 
 than one-half would be new borough voters, and the 
 rest new county voters. 
 
 The Bill was persistently opposed ; not only by the 
 Tories, but also by a large section of members who 
 had been elected as Liberals. They objected to the 
 measure as too democratic, and they objected also 
 to the severance of two questions of extending the 
 franchise, and redistributing seats. Mr. Gladstone 
 had separated these questions for two very sufiicient 
 reasons: first, because they were in their nature 
 essentially distinct; secondly, because the sufi'rage 
 question was quite sufiicient work for one Session. Sub- 
 sequent legislation has amply proved the accuracy of 
 these views ; but very soon after the commencement of 
 
40 WHIG AND TORY ADMINISTRATIONS. 
 
 the discussion he was compelled by the pressure put 
 upon him to promise the Redistribution Bill. 
 
 Mr. Disraeli contended that the increase of the 
 number of voters by 400,000 was excessive, and warned 
 the House against reconstructing ' their famous insti- 
 tutions on the American model.' During the next 
 twelvemonths, as we know, his ideas as to the limits 
 within which additions could be safely made became 
 greatly enlarged, until they went beyond those of Mr. 
 Gladstone, and even of Mr. Bright. 
 
 The Seats Bill of 1866 provided for the transfer of 
 forty-nine seats to counties, boroughs, and the Univer- 
 sity of London. The counties were to receive twenty-six 
 additional members. No existing borough was to be 
 extinguished; but a number of the smaller boroughs 
 were to be arranged in groups, returning their members 
 collectively. To this method of grouping great objec- 
 tions were made ; but it was the only method then 
 feasible for obtaining seats for redistribution among the 
 larger constituencies. The reforming zeal of the House 
 of Commons in 1866 was not sufficiently aroused to 
 render any scheme of total disfranchisement practicable. 
 
 It is not necessary to enumerate the successive at- 
 tempts to defeat Mr. Gladstone's Reform Bills. Amend- 
 ments after amendments proposed for this purpose were 
 defeated by small majorities. The House of Commons, 
 as a body, had not then any real desire to amend the 
 representation. At length, in June, an adverse motion 
 was carried, which proved fatal to the further pro- 
 gress of the measure. This amendment proposed that 
 the value of qualifying tenements in boroughs should be 
 estimated by their ' rateable ' instead of their ' clear 
 yearly' value. There is indisputable proof that the 
 proposal was founded in a sheer mistake as to a matter 
 of fact. The most common argument for the amendment 
 was that it would ' make the rate-book the register ; ' 
 
LORD RDSSELL's ADMINISTRATION, 1863-6. 41 
 
 in other words, that the parish books would be 
 evidence of the value of qualifying tenements. This 
 view is unobjectionable, but the absurdity of the amend- 
 ment consisted in this, that the very principle on which 
 it was founded had been already effectually adopted in 
 the BUI. Mr. Gladstone was quite as nmch in favour 
 of the principle as his opponents were. The valuation 
 proposed by him, and that which the supporters of the 
 amendment preferred, are both contained in the rate- 
 books in parallel columns, and as far as the object of 
 making the rate-book the register was concerned, it did 
 not matter an iota which column was chosen. From the 
 debate it is manifest that many of the speakers were 
 ignorant of the provisions of the Bill, and of the forms 
 in which parocliial assessments are kept. The majority 
 against the Government was due to a notable blunder as 
 to a matter of fact. 
 
 But, in truth, almost any other amendment would 
 have answered equally well the purpose of the Opposi- 
 tion. Their real objects were to get rid of the Keform 
 Bills, and as a necessary consequence to eject the Minis- 
 try. Read with the light of the subsequent debates of 
 1867, the objections that Mr. Gladstone's measures of 
 Reform were too democratic, are now seen to have been 
 mere excuses. 
 
 The Liberal Ministry at length refused to continue 
 the contest with an Opposition the most unscrupulous 
 of which there is any example in the recent history of 
 English politics. On June 26, 1866, Earl Russell and 
 Mr. Gladstone announced to the two Houses that their 
 Administration was at an end. 
 
 The account of Lord Russell's Administration would 
 be imperfect without some notice of the Financial State- 
 ment of 1866, and one or two important measures 
 originated by the Liberal Government of that period. 
 
42 WHIG AND TOBY ADMINISTRATIONS. 
 
 Mr. Gladstone produced his budget in May 1866. He 
 again announced a surplus of considerable amount, 
 though smaller than those of the three previous occa- 
 sions. The total expenditure of the year under review 
 was sixty-five millions and three quarters — a reduction 
 of three millions from that of the year 1859-60, the year 
 in which, as he remarks, ' the most important changes 
 in the scale of our expenditure were made.'* 
 
 The surplus now announced as the estimated differ- 
 ence between the income and expenses of the ensuing 
 twelve months, amounted to 1,350,000/., with which the 
 Chancellor of the Exchequer proposed to deal by a 
 remission of several minor taxes. Among them he 
 selected the mileage duty on omnibuses — a tax upon 
 locomotion affecting principally the large and rapidly 
 increasing class of inhabitants in large towns who are 
 obliged to live at a distance from the area of their daily 
 labours. 
 
 But the principal interest of the budget of 1866 re- 
 lates to the development of an elaborate scheme for 
 gradually reducing a considerable part of the National 
 Debt. By a very remarkable review of the finances of 
 this and other countries, Mr. Gladstone showed that the 
 enormous and increasing accumulation of national obli- 
 gations had a serious effect in restricting industry and 
 retarding the growth of wealth. The great bulk of the 
 public debt of Europe, which he estimated at no less a 
 sum than 1,500,000,000/., ' has been accumulated in a 
 time of peace, and has not been thrown upon the several 
 countries during a struggle of life and death.' f He 
 emphatically drew attention to the ' stealthy manner in 
 which the practice of borrowing in order to meet the 
 ordinary charges of Government is becoming the stand- 
 ing vice of almost every Government of Europe.' 
 
 * Hansard, vol. 183, col. 367. t Md., col. 396. 
 
LORD Russell's administration, ises-e. 43 
 
 For the purpose of reducing the public debt of Eng- 
 land, he proposed to convert 24,000,OOOZ, of that debt 
 in bo Annuities, terminable in 1885, and computed that at 
 an annual cost of about half a million, thirty-seven mil- 
 lions of the National Debt would be cancelled in 1885. 
 The Terminable Annuities Bill for carrying this provident 
 scheme into effect passed the second reading, but was 
 withdrawn in July 1866, at the request of the incoming 
 Conservative Government. Mr. Disraeli, when he be- 
 came Chancellor of the Exchequer, brought in supple- 
 mentary estimates, which made fresh demands upon the 
 public purse. In answer to his appeal, Mr. Gladstone 
 said (July 27, 1866):— 
 
 Finding himself, owing to the introduction of supplementary 
 estimates, in a small deficiency of 250,000?., he proposes to 
 make good that deficiency, and to restore the balance of 
 income and expenditure to the point at which we left it — 
 namely, a surplus of about 300,000Z. — by abandoning the 
 measure we had proposed for the reduction of the National 
 Debt by the creation of Terminable Annuities. Wei-e I 
 entirely satisfied as to the nature of the supplementary esti- 
 mates proposed by the right hon. gentleman and his colleagues, 
 I do not know that I should object to his method of meeting 
 the case. I shall certainly offer no opposition to the discharge 
 of the order on that Bill. The right hon. gentleman is there- 
 fore free, so far as I am concerned, to follow the course he has 
 indicated ; but I say this on the ground that while I reserve 
 my judgment in regard to a portion of these supplemental 
 estimates, I feel that in the present state of political affairs 
 any advantage to be gained by seriously questioning them, 
 would be less than the disadvantage which might result from 
 disturbing the proceedings of the responsible Ministers of the 
 Crown ... It is important that it should be recollected that 
 until 1860-1, we had for a length of time been paying in the 
 shape of Terminable Annuities — a very large portion of which 
 went, not to satisfy the claim of interest, but for the liquida- 
 tion of the capital debt — a sum about, and sometimes above, 
 4,000,000Z. annually. In 1860-1 that amount was reduced to a 
 little more than 2,000,0007. Since that period we have been 
 endeavouring by various measures which have received the 
 assent of Parliament gradually to raise it again, but by no 
 
44 WHIG AND TOBY ADMINISTRATIONS. 
 
 measure so important as to the scope of its operation, as that 
 which the right hon. gentleman now proposes to relinquish.* 
 
 Another measure of the Liberal Government, which 
 met the same fate as the Terminable Annuities BiU, and 
 for similar reasons, was the Tenure and Improvement of 
 Land (Ireland) Bill, introduced by Mr. Chichester For- 
 tescue, Chief Secretary for Ireland. This measure pro- 
 ceeded on a principle different from that on which 
 former attempts at legislation on the subject had for 
 many years been founded. The Bills of former years 
 did not give a right to compensation for improvements 
 made without the landlord's assent. Some advocates 
 of tenant-right proposed that the tenant should have the 
 right of calling on the landlord to execute required im- 
 provements himself, or to consent to their execution ; and, 
 if the landlord refused assent, the tenant, subject to the 
 adjudication of some tribunal or authority, was to have 
 the right to make the improvements in spite of that 
 dissent, and to charge the landlord for them. The Bill 
 of 1866, however, was founded on a different and more 
 practical principle, and was intended to bring the law of 
 the land in Ireland into accordance with the actual cir- 
 cumstances of the people. It proposed to create by law 
 implied contracts between landlord and tenant, in the 
 absence of special prohibitions or stipulations by the 
 landlord to the contrary; and to introduce, with refe- 
 rence to permanent improvements of land in Ireland, 
 a custom analogous to the obligations which in England 
 are enforced, not so much by strict law, as by heredi- 
 tary confidence between landlord and tenant and by 
 agricultural usage. 
 
 The BiU was vehemently opposed. It was declared 
 to be founded on a principle almost sufficient to create 
 a revolution, and tending to an ultimate redistribution 
 of land. After the advent of the Conservative Govern- 
 
 * Hansard, vol. 183, col. 1290. 
 
LORD HUSSELL'S ADMINISTBATION, 1865-6. 45 
 
 ment, Mr. Chichester Fortescue found himself compelled 
 to withdraw the measure (Julj' 25, 1866); but both he 
 and Mr. Gladstone, who followed him in the debate, 
 insisted that the Bill was based on a rule which pre- 
 vails extensively in England — that of allowing tenants 
 compensation for unexhausted improvements.* Mr. 
 Gladstone quoted, in support of this assertion, a passage 
 from a speech of Lord Derby — certainly a very high 
 authority on the subject of agricultural usage in Eng- 
 land. Mr. Henley combated the assertion, but his 
 contradiction amounted to this — that 'there was no such 
 right either by custom or law in England in regard to 
 buildings.^ But the difference was somewhat minute. 
 It could not be disputed that for other kinds of improve- 
 ments outgoing tenants in this part of the kingdom 
 commonly receive compensation ; and Mr. Fortescue's 
 Bill, so far as it related to structures, was but an exten- 
 sion of an idea which in England has long been recog- 
 nised as consonant with justice. 
 
 The times, however, were not favourable to the con- 
 sideration of domestic reforms. Two parties stood 
 opposite each other in hostile mood. The Tories, with 
 the sudden aid of deserters from the Liberal camp, had, 
 after a fierce party conflict, won the coveted citadel of 
 the Treasury Bench. The mass of the people were 
 bitterly disappointed at the loss of the Liberal Reform 
 Bill, and indignant at the unworthy devices by which it 
 had been defeated. Immediately after the Tories came 
 into power, the battle of Reform raged more furiously 
 than ever. It was no time for philosophical inquiry and 
 dispassionate consideration of minor improvements of 
 our social institutions. 
 
 ' Hansard, vol. 183, col. 1469. 
 
46 WHIG AND TORY ADMINISTRATIONS. 
 
 CHAPTER V. 
 
 LORD derby's administration, 1866. 
 
 Upon Lord Russell's resignation, the Earl of Derby 
 was — to use the common phrase — ' sent for ' by the 
 Queen, and desired to form a new Administration. 
 Among the principal members of the Cabinet were 
 Mr. Disraeli, Chancellor of the Exchequer ; Mr. Walpole, 
 Home Secretary ; Lord Stanley, Colonial Secretary ; 
 Lord Cranborne, Sir John Pakington, and Sir Stafford 
 Northcote, at the India Board, the Admiralty, and the 
 Board of Trade, respectively. Lord Derby made a 
 ministerial statement in the House of Lords, July 9, 
 1866. He held out no hope that the Government would 
 introduce another Reform BilL He said: — 
 
 I hold myself and my colleagues entirely free and un- 
 pledged upon the great and diflScult question of Parliamentary 
 Reform. It is said — 
 
 Felix quern faciunt aliena pericula cautum. 
 
 But we have had experience, not only of the dangers incurred 
 by others, but of dangers incurred by ourselves — dangers too 
 which had a very fatal termination ; and I certainly shall 
 consider well and carefully, before I again introduce a Reform 
 Bill, the wise advice laid down by the noble Earl, my imme- 
 diate predecessor, that no Government is justified in bringing 
 forward such a measure without having a reasonable and fair 
 prospect of carrying it.* 
 
 There was here no presage of that great exten- 
 sion of the suffrage which the Tories sanctioned, at 
 
 * Hansard, vol. 186, col. 739. 
 
LORD derby's administration, 1866. 47 
 
 least, in the following year. It is now well ascertained 
 that not only the form, but even the substance, of the 
 Reform Bill was undetermined by the Cabinet at the 
 end of February 1867 ; for, with reference to that 
 period, we find a statement of the Prime Minister in 
 March that, ' two schemes were under the considera- 
 tion of the Cabinet, varying from each other in that 
 very essential particular — the amount of the extension 
 of the franchise.' * 
 
 There is abundant evidence, both internal and ex- 
 ternal, that the Reform Bill of March 1867 was adopted 
 by the Ministry and prepared with extreme haste. It 
 was preceded by several abortive schemes, proposed by 
 Mr. Disraeli to the House of Commons, and almost 
 instantly withdrawn. First, he proposed (February 13, 
 1867), a string of Resolutions as a basis of legislation. 
 They were condemned on both sides of the House as 
 hopelessly vague and impracticable. Next he recom- 
 mended (February 25) a scheme of which the most 
 remarkable feature was a 6Z. household suflfrasre in 
 boroughs. The project acquired the name of the Ten 
 Minutes' Bill. In a speech at Droitwich, March 13, 
 1867, Sir John Pakington told the story with a can- 
 dour and amplitude of detail which can hardly have 
 won the gratitude of his colleagues. 
 
 They knew already how on Saturday, Feb. 23, the Cabinet 
 Council came to a conclusion on the Reform Bill, which it was in- 
 tended should be proposed to Parliament. On Monday the 25th, 
 at two o'clock in the afternoon. Lord Derby was to address the 
 whole Conservative party assembled in Downing Street. In 
 the afternoon of the same day, at half past four — he gave them 
 the hour, because they would see presently that time was an 
 important thing — the Chancellor of the Exchequer was to 
 explain the Reform Bill to the House of Commons. When 
 the Cabinet Council held on the previous day rose, it was his 
 belief that they were a unanimous Cabinet on the Reform Bill 
 then discussed and determined upon. As soon as the Council 
 
 * Hansard, vol. 185, col. 1285. 
 
48 WHIG AND TORY ADMINISTEATIONS. 
 
 rose. Lord Derby left London, and went down to Windsor to 
 communicate with Her Majesty on the great measure which 
 the Ministry was about to introduce to the country. He (Sir 
 J. Pakington) heard nothing further on the subject till Monday 
 morning, when they were informed that Lords Cranborne and 
 Carnarvon had seceded and objected to the details of the Bill, 
 which they thought they had adopted on Saturday. They 
 might imagine the difficulty and embarrassment in which the 
 Ministry found themselves placed. It was then past two ; at 
 half-past two, as he had told them. Lord Derby was to address 
 the Conservatives. At half-past four Mr. Disraeli was to 
 unfold their Reform scheme before the House of Commons. 
 Literally they had not more than half-an-hour — they had not 
 more than ten minutes — to decide what the Ministry were to 
 adopt. The public knew the rest. 
 
 It is not often that the proceedings of a Cabinet are 
 so completely disclosed to vulgar gaze. A thoughtful 
 critic may, perhaps, object that the word ' Council,' or 
 any other word which implies deliberation, is not ap- 
 plicable to a knot of politicians who take ten minutes 
 to decide upon a new constitution of the Imperial Par- 
 liament. 
 
 After the Ten Minutes' Bill was withdrawn, the Cabi- 
 net, or at least the most influential members of it, 
 resolved, at the commencement of March, to revert to 
 the scheme which appeared to three of their colleagues 
 — the Earl of Cai'narvon, General Peel, and Lord Cran- 
 borne — so democratic, that they withdrew from tlie 
 Administration. Lord Carnarvon considered that the 
 measure would ' effect an enormous transfer of political 
 power, and alter the character of five-sixths of the 
 boroughs of this country.' Lord Cranborne considered 
 that the contemplated changes were such ' that with 
 respect to very large numbers of boroughs, they would 
 scarcely operate practically otherwise than as a house- 
 hold suffrage.' 
 
 The scheme launched in such discouraging circum- 
 stances proposed to give a vote in boroughs to every 
 
LORD DEKBY's ADMINISTEATION, 1866. 49 
 
 man who occupied a house for two years and was rated 
 for that period and duly paid his rates. 
 
 The hopeless defect of the plan was that while it 
 trebled and quadrupled some constituencies, in others it 
 produced no appreciable eiFect. The reason of this irre- 
 gularity of operation was that in some boroughs occupiers 
 were personally rated and paid their own rates, while in 
 other places the landlords, under the Small Tenements 
 Acts or by local arrangements, paid commuted rates on 
 houses of which they were owners. In the latter in- 
 stances, under Mr. Disraeli's scheme, the tenants would - 
 get no votes. ' 
 
 Mr. Gladstone instantly detected the utter absurdity 
 of the project, and exposed it with a merciless ampli- 
 tude of statistical information. Sir Roundell Pahner 
 also devoted his great abilities and profound legal 
 knowledge to the same service; in several speeches, 
 remarkable for logical power and perspicuity, he dis- 
 sected the Bill, and showed that it involved gross 
 mistakes of law. When the fantastic incongruities of 
 his scheme were detected, the Chancellor of the Ex- 
 chequer excused them on the ground that they pro- 
 duced variety in the constituencies. ' The Small Tene- 
 ments Acts,' he said, ' absolutely though unintentionally 
 give us that variety which the country requires, and 
 whieh I believe is an admirable quality.'* 
 
 This reply is a magnificent specimen of that audacity 
 which is the chief cause of Mr. Disraeli's success. Al- 
 most anybody else would have been compelled to have 
 acknowledged the palpable blunder. However, the pre= 
 posterous irregularities of the Bill were too much for the 
 patience of the country or even of his own followers. It 
 soon became evident that the plan must be amended. 
 Various methods were suggested by Mr. Disraeli for 
 getting the non-rated householders on the register, but 
 
 * Hansard, vol. 185, col 1349, 
 
50 WHIG AND TOEir ADMINISTKATIONS. 
 
 they were successively rejected as palpably inadequate 
 for their purpose. At last, by a proposal of Mr. Hodg- 
 kinson's, the difficulty was solved. His argument was 
 virtually this — the only way of making Mr. Disraeli's 
 rate-paying test work with tolerable uniformity is to 
 1 abolish the Small Tenements Acts with reference to 
 i boroughs, and to insist that within their limits all 
 1 tenants shall pay their own rates. 
 
 There were many reasons for accepting this sugges- 
 tion, though it involved a great sacrifice. The Small 
 Tenements Acts have been found very convenient. They 
 enable poor tenants to pay rates in the easy form of in- 
 stalments included in their weekly rent. The parishes 
 also have the advantage of getting the rates from a com- 
 paratively small number of solvent landlords instead of 
 a very large number of very poor tenants. The compo- 
 sition for rates was just one of those useful contrivances 
 which worked well for everybody concerned. But the 
 credit of the Administration was staked on the ' rate- 
 paying principle.' If that principle were rejected. Re- 
 form would be delayed for another year. In this dilemma 
 Mr. Gladstone recommended that the economical bene- 
 fits of composition should be sacrificed to the political 
 exigencies. When Mr. Hodgkinson's Amendment was 
 proposed (May 17), the leader of the Opposition said: — 
 
 I am sorry that in deference to what seems to me an unwise 
 judgment of the House, it is necessary to interfere with the 
 scheme of composition which exists throughout the country. 
 But if the practical considerations are to prevail, my duty is 
 plainly to choose the lesser of two evils.* 
 
 Shortly afterwards he told a deputation at his own 
 house that he had assented to the abolition of Com- 
 pounding, ' as I would assent to cut ofi^ my leg rather 
 than lose my life.' 
 
 But Mr. Disraeli felt no difficulty in the matter. He 
 
 * Hansard, vol. 187, col. 717. 
 
LORD derby's administration, 1866. 51 
 
 never feels any difficulty about any matter. He accepted 
 Mr. Hodgkinson's amendment with alacrity, and said 
 that he regarded it as a ' signal corroboration ' of the 
 excellence of the rate-paying principle. The amend- 
 ment, he added, ' was the policy of their own measure — 
 a policy which, if they had been masters of the situation, 
 they would have recommended long ago for the adoption 
 of the House.' * 
 
 This statement is not easily to be reconciled with the 
 fact that, at least, on two previous occasions during the 
 Session he had opposed the repeal of the Eating Acts. 
 On May 9, 1867, he stigmatised that proposal as ' rash 
 counsel,' and said the difficulty of Reform 'must be infi- 
 nitely enhanced if we should attempt to carry a measure 
 which should at the same time deal with all the Rating 
 Acts of England.' f And he had spoken to the same 
 effect on the second reading of the Bill. 
 
 Mr. Hodgkinson's amendment was a revolution. It 
 extended the franchise four times as much as the 
 original measure would have done. By the abolition of 
 the system of compounding in boroughs every house- 
 holder becomes, after twelve months' residence, entitled 
 to the suffrage, if his rates are not more than six months 
 in arrear. 
 
 The allegation that the Reform Act of 1867 is 
 mainly or substantially the work of the Conservative 
 Government, is one of the most impudent falsifications 
 of history that was ever attempted. Neither in form, 
 nor in substance, does the Statute actually passed agree 1 
 with the measure introduced by Mr. Disraeli. The Act ' 
 comprises sixty-one sections, and of them there are but 
 four X which are the work of the Conservative Ministry. 
 The Bill originally consisted of forty -three clauses; of 
 
 * Hansard, vol. 187, col. 724. t Ibid. col. 354 
 
 X These are, sect. 1, The Title of the Act ; sect. 12, Disfranchisement of 
 Keio-ate and three other Boroughs ; sect. 49, Penalty for Corrupt Payment 
 of Rates ; sect. 54, Temporary Provisions respecting Kegisters, 
 
 £ 2 
 
52 WHIG AND TORY ADMINISTRATIONS. 
 
 these twenty-one were subsequently omitted or mate- 
 rially altered. Of the twenty-two which have been 
 retained eighteen have been taken from Mr. Gladstone's 
 Franchise Bill and Seats' Bill of 1866. Of the sixty-one 
 sections of the Act, forty-one are additions to, or com- 
 prise material variations from, the original Bill. 
 
 Again, these extensive alterations changed the cha- 
 racter of the Bill fundamentally. Originally it provided 
 an extremely unequal suflFrage, and an extension less in 
 the aggregate than that proposed by Mr. Gladstone in 
 1866. Moreover, the Bill of 1(;67 contained a clause 
 giving double votes to certain wealthier classes of elec- 
 tors. Taking into account the dual votes and the other 
 alterations, it has been demonstrated that Mr. Disraeh's 
 measure actually would have increased the voting 
 power of the wealthier moiety of the electors.* Instead 
 of being an advance towards democracy, it was a step in 
 the contrary direction. Instead of adding to the power 
 of the lower classes, it would have diminished that which 
 they possessed already. But the amendments forced 
 upon the Government by the Liberal party gave an 
 essentially new character to the Bill. The dual vot« was 
 speedily abandoned. Mr. Hodgkinson's amendment — it 
 has been already said — quadrupled the aggregate exten- 
 sion of the borough suffrage. An alteration moved by 
 Mr. Ayrton reduced the qualifying term of residence 
 from two years to one year. This was one of the many 
 points which the Government declared to be ' vital,' but 
 subsequently surrendered. The county copyholders' 
 and leaseholders' quahfication was lowered, notwith- 
 standing the resistance of the Government. Yielding 
 to the pressure of a motion of Mr. Locke King, the 
 Minister consented to a substantial reduction of the 
 occupiers' qualification in counties. The lodgers' fran- 
 chise was conceded to the influence of the Liberal party 
 
 * History of the Reform Bills, p. 118. 
 
LORD derby's administration, 1866. 53 
 
 upon the motion of Mr. Torrens. A clause, giving a 
 third seat to each of the boroughs of Manchester, Liver- 
 pool, Bii'mingham, and Leeds, was forced upon the 
 Government, and the schedules relating to the redistri- 
 bution of seats were materially altered. The Reform 
 Act of 1867 is a palimpsest. The first draught has been 
 almost entirely erased, and so much new matter has 
 been written over it that the skill of a Cardinal Mai 
 would be needed to decipher the original. 
 
 This passage in the history of legislation inculcates a 
 lesson of permanent importance. It shows the value of 
 established rules in Parliamentary pi'ocedure, and the 
 extreme danger of heedless departure from them. The 
 conduct of measures to amend the representation was 
 undertaken by the Conservatives with avowed repug- 
 nance, and without the support of a majority of the 
 House of Commons. Consequently they were compelled 
 at every step to submit to the dictation of their oppo- 
 nents ; and to accept, with declared reluctance or feigned 
 readiness, proposals utterly inconsistent with their 
 original plans. Ordinary rules of ministerial responsi- 
 bility fell into abeyance, and Parliament was committed 
 unawares to a policy which, at the commencement of 
 the Session, neither party desired or considered possible. 
 The recorded opinions of the most eminent speakers in 
 both Houses show that after their work was done they 
 regarded it with dissatisfaction and apprehension. What- 
 ever merits the Reform Act of 1867 possesses, it certainly 
 did not express the deliberate opinions of the Legislature. 
 
54 WHIG AND TOEY ADMINISTEATIONS. 
 
 CHAPTER VI. 
 
 MB. DISEAELl'S ADMINISTEATION, 1867. 
 
 An autumnal session was held at the close of the year 
 1866 on account of the necessity of voting supplies 
 for the Abyssinian Expedition. The Queen's Speech 
 (November 19) referred to the detention of several 
 British subjects in captivity in Abyssinia and the means 
 about to be adopted to enforce their release. The 
 speech also stated that the report of the Commission 
 appointed to inquire into the Boundaries of counties 
 and boroughs would be submitted to Parliament, and 
 that Bills would be proposed for amending the Repre- 
 sentation in Scotland and Ireland. The principal busi- 
 ness of the sittings before Christmas was the vote of 
 supplies for the expedition to Abyssinia. 
 
 Shortly after the Christmas recess, Lord Derby re- 
 signed his office of First Lord of the Treasury. This 
 important change in the Ministry was announced (Feb- 
 ruary 25, 1867) iu the House of Lords by Lord Malms- 
 bury, who stated that, ' not from any of those changes 
 and chances in political warfare to which we are all 
 accustomed, and to which we cheerfully resign our- 
 selves — but from failing health,' Lord Derby had been 
 compelled to secede from public life, and from the 
 management of pubhc affairs.* Lord Stanley made a 
 similar announcement in the House of Commons. On 
 March 5 the two Houses were informed that Mr. Dis- 
 raeli had, by Her Majesty's command, reconstituted the 
 
 * Hansard, vol. 190, col. 1905. 
 
MR. Disraeli's administration, i867. 55 
 
 Administration. The principal changes in the Govern- 
 ment consisted in the appointment of Mr. George Ward 
 Hunt, Member for Northamptonshire, to the place of Mr. 
 Disraeli as Chancellor of the Exchequer, and of Lord 
 Cairns to the place of Lord Chelmsford as Lord Chancellor. 
 
 A few days previously to the retirement of Lord 
 Derby the Scottish Reform Bill was introduced into 
 the House of Commons by the Lord Advocate. The 
 provisions for extension of the franchise were to follow 
 the English model. All registered householders who 
 had been duly rated and paid their rates were to 
 be entitled to vote in burghs. The occupiers' qualifi- 
 cation in counties was fixed at the same standard as in 
 England, namely, the rated value of 12^. In accordance 
 with the proposal of Mr. Gladstone, in 1866, seven 
 additional seats were given to Scotland; two to the 
 Universities, three to large counties, one to a new group 
 of burghs, and an additional or third seat to Glasgow. 
 The seven new seats were to be obtained by an equiva- 
 lent increase of the total number of members of the 
 House of Commons. 
 
 A very material alteration was made in the scheme 
 before it became law: seven small English boroughs 
 were disfranchised in order, as the Scottish Reform 
 Act states, 'to provide for the seats hereinbefore dis- 
 tributed.' * It was enacted that Arundel, Ashburton, 
 Dartmouth, Honiton, Lyme Regis, Thetford, and "Wells 
 should cease to return any members. Mr. Gladstone 
 and other Liberal members strongly objected to any 
 increase of the House of Commons, already incon- 
 veniently large. Mr. Baxter moved (May 18, 1868) 
 that it be an instruction to the Committee that, 
 instead of adding to the number of members of the 
 House, they have power to disfranchise boi'oughs in 
 
 * 31 & 32 Vic. c. 48, s. 43. 
 
56 WHIG AND TORY ADMINISTRATIONS. 
 
 England having, by the census returns of 1861, less 
 than 5,000 inhabitants. This motion was opposed 
 by the whole strength of the Government, but was 
 carried by a majority of 21; the numbers being, ayes, 
 217; noes, 196. 
 
 The section relating to the occupiers' qualification 
 in burghs provides that no man shall under that sec- 
 tion be entitled to be registered who ' shall have been 
 exempted from payment of poor rates on the ground of 
 inability to pay.' This proviso establishes a material 
 distinction between the English borough suffrage and 
 the suffrage in Scottish burghs. In this country house- 
 holders, irrespectively of their mean's or the value of 
 their tenements, are liable to the payment of rates. In 
 Scotland a different system prevails. A large propor- 
 tion of the poorer householders are exempted on the 
 ground of poverty, and in many towns a rule prevails 
 by which persons rated on dwelling-houses at a rent 
 under 4^. are relieved from poor rates. In Glasgow, 
 for example, this practice exists, and one-third of occu- 
 piers of dwellings under a 101. rental are thus excused. 
 In many other districts the proportion is still higher.* 
 Consequently the proviso in the Scottish Reform Act, 
 which disables persons who are not liable to poor rates, 
 renders the borough qualification in that kingdom 
 higher than in England. 
 
 The ' Representation of the People (Ireland) Act, 
 1868,' may be conveniently noticed in this place. On 
 March 19 the Earl of Mayo, Chief Secretary for Ireland, 
 submitted a Reform Bill for that part of the kingdom. 
 
 The most material features of the project were these : 
 
 The borough occupiers' qualification, which by an Act 
 of 1850 had been fixed at 8^., was to be reduced to 41. ; 
 the county occupiers' qualification, which stood at 12/., 
 
 * Eetum, Poor Rates (Scotland), No. 467 of 1867 
 
MR. Disraeli's administration, i«67. 57 
 
 was to remain unaltered; six small boroughs were to 
 be disfranchised, and the six seats thus rendered dis- 
 posable were to be allotted as follows — one additional 
 member to each of the three counties of Down, Tyrone, 
 and Tipperary, one to the city of Dublin, and two addi- 
 tional members to the county of Cork. 
 
 The clauses relating to the redistribution of seats 
 were subsequently struck out of the Bill, and it was 
 reduced to the very narrow dimensions of a measure 
 for lowering the borough franchise and making some 
 incidental technical alterations. During the progress 
 of the Bill through Committee, Mr. Disraeli announced 
 that, ' under all the circumstances, Her Majesty's 
 Government are not disposed, after the expression of 
 opinion that has been made, to insist on the 11th and 
 12th clauses,' which related to the distribution of seats. 
 The section of the Act relating to the borough occu- 
 piers' franchise provides that the ' occupation of lands, 
 tenements, or hereditaments rated at the net annual 
 value of more than four pounds,' * shall constitute a 
 qualification. In Irish boroughs, the rates in respect 
 of houses of a net annual value not exceeding 4:1. are 
 paid not by the tenant-occupiers, but by various 
 statutory provisions f are collected from the landlords 
 or 'immediate lessors' of such tenants. 
 
 When Mr. Gladstone's Reform Bill of 1866 was 
 under discussion, the Conservatives strongly objected 
 to the 'hard and fast line' of his (-'Z. franchise. That 
 was perhaps their most frequently repeated argu- 
 ment against the Bill; but hei*e, in their own Irish 
 Reform Bill, the 'hard and fixed line' was distinctly 
 drawn. All tenements below the arbitrary 41. 
 standard were to be disqualified. Lord Mayo argued in 
 defence of this provision, that persons occupying such 
 houses did not pay rates ; and that, consequently, the 
 
 * 31 & 32 Vic. c. 69. t 6 & 7 Vic. c. 92 ; 31 & 32 Vic. c. 69, s. 19. 
 
58 WHIG AND TORY ADMINISTRATIONS. 
 
 'rate-paying principle'^ — the distinguishing characteristic 
 of the English Eeform Act — was maintained. This 
 answer is clearly insufficient. The Conservative maxim, 
 with respect to English boroughs, was, that every house- 
 holder who chose to pay rates might come on the 
 Register; and, accordingly, Mr. Disraeli's English 
 Reform Bill provided that even non-rated occupiers 
 might get votes by claiming to be assessed. But in the 
 Irish Reform Act there is no analogous provision ; 
 there is no option of paying rates to secure a vote ; the 
 41. barrier is immoveable and impenetrable. 
 
 For the sake of perspicuity, it will be desirable to 
 disregard strict chronological oi'der in reviewing the 
 Session of 1868, and to consider together the several 
 Acts of the year which affect the Representation. The 
 English Reform Act of the previous year appointed 
 certain commissioners to inquire into the temporary 
 boundaries of boroughs constituted by that statute, and 
 into the boundaries of all other represented boroughs, 
 'with a view to ascertain whether the boundaries should 
 be enlarged, so as to include within the limits of the 
 borough all premises which ought, due regard being had 
 to situation or other local circumstances, to be included 
 therein, for the purpose of conferring upon the occupiers 
 thereof the Parliamentary franchise for such borough.'* 
 
 Under the authority so constituted, a large number 
 of assistant commissioners during the autumn of 1867 
 visited the various represented districts, and made 
 minute inquiries respecting the Parliamentary areas of 
 counties and boroughs. Upon information thus obtained 
 the commissioners based a Report, which was laid before 
 Parliament in March. Many populous towns have 
 within these last few years largely outgrown their Par- 
 liamentary limits, and are siirrounded by extensive 
 * 30 & SI Vic. c. 102, s. 48. 
 
MR. Disraeli's administration, i867. 59 
 
 suburbs. The cominissioners proceeded on the general 
 principle that these suburbs should be united to the 
 towns for electoral purposes, and accordingly very- 
 numerous and important alterations of the existing 
 boundaries were recommended. If the Report had been 
 carried out in its integrity, the political topography of 
 this country would have been mateiially altered. The 
 contemplated transfer of a large number of voters from 
 the county register to those of boroughs, tended to ren- 
 der the artificial and impolitic distinction between agri- 
 cultural and urban interests more strongly marked than 
 ever. Several places which it was proposed to annex 
 to adjacent towns were beyond the municipal as well as 
 Parliamentary limits, and under different systems of 
 local government. The only pretexts for the enforced 
 connection were, in many cases, the mere accident of 
 contiguity and a specious or ambiguous use of the word 
 ' suburb ' to suggest a dependence which did not really 
 exist. The annexation was in several instances contrary 
 to the wishes of the persons who had most right to be 
 heard on the subject — the inhabitants of the districts 
 affected. For instance, Mr. Gladstone referred, in the 
 debate of May 14, to a petition from 5,000 out of the 
 6,000 rate-payers of Aston who opposed the contem- 
 plated union of that place with Birmingham. Mr. 
 Bright, in the same debate, said : — 
 
 Nothing could be more contrary to the practice of Parlia- 
 ment than that general bringing in of people from one con- 
 stituency to another; for it was a fact that some 400,000 
 people were to be dragged from the counties to be put into the 
 boroughs. 
 
 With reference to the case of Birmingham and Aston, 
 he said : — 
 
 The 350,000 within the borough were apparently almost 
 unanimous in wishing them not to come in, and the 30,000 
 who were proposed to be brought in appeared to be absolutely 
 unanimous in wishing to remain out. 
 
60 WHIG AND TORY ADMINISTRATIONS. 
 
 He concluded by recommending that the Report should 
 be referred to a select committee of the House. Mr. 
 Disraeli thereupon expressed his assent to such a refer- 
 ence, and proposed that the committee should have 
 power to confer with the commissioners, and that the 
 evidence should be purely documentary. 
 
 By thus yielding to the pressure of the Liberals, 
 Mr. Disraeli gave great disappointment to his own 
 supporters. The Tories wanted to get the suburbs 
 annexed to towns in order that the shire constituencies 
 might be moi'e exclusively rural. Their opponents, 
 from opposite motives, adopted the opposite policy. But 
 it may be reasonably doubted whether the division of a 
 county for electoral purposes should not depend upon 
 higher and more permanent considerations than the 
 temporary objects of political warfare. The division be- 
 tween towns and counties, if carried out strictly, tends to 
 perpetuate the mischievous delusion that their interests 
 are antagonistic. That of itself is almost a sufficient 
 objection to such rearrangements as the commissioners 
 contemplated. Another minor objection is, that their 
 scheme aggravated the existing confusion arising from 
 multiplicity of bomidaries. Anciently a borough had 
 but one boundary for all purposes ; the municipal area 
 and the Parliamentary were conterminous. Mr. Glad- 
 stone's BiU of 1866 would have restored this principle; 
 and it appears to be the only one which aiFords a safe 
 solution of a problem of no ordinary difficulty. 
 
 The Boundary Bill, introduced by Mr. Henley to 
 carry into effect the Report of the commissioners, was 
 referred to a select committee of five members, who 
 reported in favour of changes much less extensive than, 
 those originally recommended. Mr. Hibbert moved 
 (June 11) a clause adopting the revised scheme, and 
 this motion was carried upon a division by a majority 
 of 36— the numbers being, for the motion, 184; against 
 
MR. Disraeli's administration, ise?. 61 
 
 it, 148. Liverpool, Manchester, Birmingham, and other 
 large towns were omitted from the schedule of boroughs 
 subjected to revision of boundaries. The Boundary 
 Act * ultimately passed alters the Parliamentary limits 
 of upwards of fifty of the old boroughs of England, but 
 the list does not include many large towns, and the 
 changes are not extensive. 
 
 The history of the Election Petitions Act is a curious 
 and instructive exemplification of the accidents and 
 vicissitudes to which legislation is subject in this 
 country. A Bill was introduced by Mr. Disraeli in 
 1867 by which the jurisdiction of controverted elections 
 was transferred from committees of the House of Com- 
 mons to a tribunal of lawyers to be chosen by the 
 Speaker. This Bill was submitted to a select committee, 
 which approved of the removal of the jurisdiction from 
 the House, but recommended that investigations of dis- 
 puted returns should be conducted by the superior judges 
 of common law, and that each trial should take place 
 with the formalities of an assize, in the county or 
 borough to which the complaint related. Mr. Disraeli 
 introduced another Election Petitions Bill in February 
 1868. He stated that the Government at the commence- 
 ment of the Session was prepared to give effect to the 
 opinions of the committee of the previous year, but an 
 unexpected obstacle had been interposed. He said : — 
 
 It became our duty — not to consult them. Her Majesty's 
 Judges, whether they would undertake a duty which the 
 wisdom of Parliament would put upon them — but as a matter 
 of courtesy, to inquire of the Judges the most convenient 
 manner to themselves in which the provisions of the Act, if it 
 passed, might be carried into effect. But I regret to say, that 
 instead of receiving from the Judges information upon the 
 particular point upon which we sought to be instructed, we re- 
 ceived from that most eminent and exalted body— conveyed 
 by their most august member — an expression of opinion upon 
 
 * 31 & 32 Vic. c. 4G. 
 
62 WHIG AND TORY ADMINISTEATIONS. 
 
 the proposed Bill so entirely condemnatory of its provisions 
 that it became absolutely necessary for us to consider the 
 course we should adopt . . . Although the highest authority 
 has told us that even in Olympian dwellings there are those who 
 are not superior to the infirmities of human nature, I may say 
 on the part of Her Majesty's Government that we feel that 
 we can no longer attempt to influence the Judges in this 
 matter, and that we have received their decision with mortifi- 
 cation and disappointment.* 
 
 Mr. Disraeli then proceeded to offer in lieu of the 
 relinquished plan another, by which a Parliamentary- 
 Election Court was to be constituted consisting of three 
 salaried judges, to whom the jurisdiction of controverted 
 elections and also of appeals from revising barristers' 
 decisions was to be assigned. 
 
 The objections of the Common Law Judges to the 
 plan of the select committee of 1867 were mainly these: 
 a dislike to be associated with political strifes, and a 
 belief that the proposed addition to their labours would 
 interfere with the regular business of their Courts. 
 
 The House of Commons, however, insisted upon 
 transferring the new jurisdiction to the Common Law 
 Judges. Mr. Lowe said (July 6) : — 
 
 The tribunal to be created should not only be upright, but 
 unsuspected and undoubted, and therefore he made an appeal 
 to the Government to give effect to what appeared to be the 
 almost unanimous opinion of the House and of the Select 
 Committee. There was every reason why they should re- 
 consider the matter, and, considering its vast constitutional 
 importance, they should not allow themselves to be influenced 
 by such notions as the dangers to be encountered in another 
 place. It was for this House to do its duty, and for the House 
 of Peers to do theirs. If the Judges were great in their 
 Courts, they were great in their Court ; and when they gave 
 their decision, it was the bounden duty of the Judges to carry 
 out the decision. He maintained that the House was bound, 
 in consideration of the public interests, not to surrender its 
 deliberate opinion at the request of any men, though they 
 should be the fifteen Judges of England. 
 
 * Hansard, vol. 190, col. 699. 
 
MR. DISRAI;L1's administration, 1867. 63 
 
 Upon a division, an amendment to the Bill in this 
 sense was carried by a majority of 65. Mr. Dis- 
 raeli correctly observed that this decision brought the 
 question back very nearly to the position in which 
 it stood in the previous year. A few days later 
 (July 9), he offered another plan, and proposed that the 
 number of Judges should be increased, and that they 
 should, at the beginning of every Michaelmas Term, 
 select from their own body judges to try election peti- 
 tions, sitting without a jury. 
 
 As a matter of some constitutional importance, it 
 should be observed that an uncontrolled power of de- 
 ciding upon the validity of returns is thus given to 
 judges appointed by the Crown, and consequently, by a 
 circuitous process, the power of the Executive over the 
 Legislature is seriously increased. The innovation is, 
 howevei', temporary and experimental, for a section of 
 the Act ultimately passed provides that it shall remain 
 in force only until the expiration of three years and the 
 ensuing Session. 
 
 The Act provides that election petitions shall be tried 
 in England and Ireland by puisne judges of Westmin- 
 ster and DubUn respectively. The Common Law Courts 
 are to select such judges according to a rota. The trial 
 is to take place in the county or borough to which the 
 petition relates. The judge is to sit alone in open 
 court, without a jury, and is to determine who has been 
 duly elected or whether the election is void, and to cer- 
 tify the Speaker accordingly. ' Such determination shall 
 be final to all intents and purposes.'* 
 
 Circumstances which will be narrated hereafter in- 
 duced the Government to bring in a Bill for accelerating 
 the Electoral Kegistration of 1868, and to make provi- 
 sion for a general election and autumnal Session in this 
 
 * 31 & 32 Vic. c. 125. 
 
64 WHIG AND TORY ADMINISTRATIONS. 
 
 year. The preparation of this measure was facilitated 
 by several preliminary discussions, in which the methods 
 of expediting the election were investigated with great 
 research and knowledge of election law by Mr. Forster, 
 Mr. Bouverie, Sir Robert Collier, and the Home Secre- 
 tary, Mr. Hardy. These members also served on the 
 Select Committee to which the Bill was referred (June 
 23), and contributed materially to improve its details. 
 
 The ' Parliamentary Electors' Registration Act, 1868,' 
 contains two sets of provisions — the first temporaiy, the 
 second permanent. In order that the Registration of 
 1868 might be finished at an earlier period than usual, 
 the Act provides for an extraordinary increase of the 
 number of barristers, and abridges the time within 
 which their labours are to be completed. The legal 
 interval between the proclamation of dissolution and 
 the meeting of the new Parliament is also shortened. 
 The permanent provisions of the Act relate to technical 
 details of Election law. 
 
 Early in November 1867 Mr. Gladstone brought in 
 a Bill to abolish the compulsory payment of church 
 rates. These levies for the reparation of churches 
 have been for many centuries imposed upon parishioners 
 in respect of lands and houses occupied by them in their 
 respective parishes. The charge was seldom heavy; 
 but it has been for years a frequent occasion of most 
 mischievous disputes, tending to impair the just in- 
 fluence of the Clergy and create an inveterate hostility 
 to the Church itself. Many dissenters objected to the 
 rates on conscientious grounds, and this ecclesiastical 
 revenue, comparatively small in amount, has been raised 
 at a lamentable cost of local animosities. The principle 
 of Mr. Gladstone's Bill, which was read a second time 
 (February 19, IE 68), was simply to retain the existing 
 machinery for assessing and collecting the rates by the 
 agency of vestries and parochial officers, but to render 
 
/ MR. DISRAELI'S ADMINISTRATION, 1867. 65 
 
 the payment voluntaiy. The Government reluctantly 
 abstained from resistance to Mr. Gladstone's measure. 
 Mr. Gathorne Hardy said, ' I still adhere to my opinion 
 that church rates are not a grievance to the country, 
 and that they might still be levied by resolution of 
 the vestry without being such a grievance.' * Other 
 members of the Ministry, during various stages of the 
 Bill, criticised it in a hostile spirit, but the Cabinet 
 prudently refrained from an active opposition which 
 would have merely added to the number of mmisterial 
 defeats. Mr. Gladstone's measure had, therefore, a 
 comparatively tranquil passage through the House of 
 Commons. When it reached the Lords it was referred 
 to a Select Committee, which modified the details but 
 retained the principle of the measure — that of render- 
 ing the payment voluntary. The Act ultimately passed f 
 provides that no suit or proceeding shall henceforth 
 be taken in any Court to enforce such payment. Rates 
 may, however, be made, assessed, received, and applied 
 by vestries as heretofore ; but with respect to the expen- 
 diture of the money, defaulters who do not pay the sums 
 for which they are assessed are not to have any voice 
 or control. 
 
 The Session of 1867-8 deserves to be memorable in 
 the annals of humanity for the abolition of corporal 
 punishment in the army in the time of peace. Upon 
 the consideration of the Mutiny Act, which regulates 
 the government of the army, Mr. Otway, the Liberal 
 member for Chatham, moved (March 26, 1867) an 
 amendment of the clause which authorises corporal 
 punishment. The amendment was carried, upon a 
 division, by a majority of 25, and is now incorporated 
 in the Act as follows : — 
 
 * Hansard, vol. 190, col. 978. 
 t 31 & 32 Vic. 0. 109. 
 
66 WHIG AND TORY AUMINISTRATIONS. 
 
 No court martial shall for any offence whatever, committed 
 under this Act during the time of peace, within the Queen's 
 dominions, have power to sentence any soldier to corporal 
 punishment ; provided that any court martial may sentence 
 any soldier to corporal punishment while on active service in 
 the field, or on board any ship not in commission, for mutiny, 
 insubordination, desertion, drunkenness on duty or on the 
 line of march, disgraceful conduct, or any breach of the 
 Articles of "War ; and no sentence of corporal punishment 
 shall exceed fifty lashes. 
 
 There is a section to the same effect in the Marine 
 Mutiny Act.* Consequently, except in time of war, 
 soldiers who wear epaulets are no longer authorised to 
 inflict bodily torture on soldiers who do not wear epau- 
 lets. Flogging is retained as a legal punishment of 
 garotters and the sons of gentlemen at public schools. 
 
 The honour of effecting another important amend- 
 ment in the Mutiny Acts is also due to Mr. Otway. 
 The preamble of these Acts has heretofore stated that 
 a standing army was necessary for the purpose of 
 maintaining ' the balance of power in Europe.' Mr. 
 Otway said (March 26) that these words were untrue, 
 and moved that they should be omitted. Sir John 
 Pakington assented. On a subsequent day (March 30) 
 Lord Elcho moved f that they should be reinserted, 
 but the motion was negatived. Sir John Pakington 
 observing that it was unimportant because the words 
 ' meant so very little.' There was a time, and that 
 recent, when they meant a great deal. That Moloch, 
 as Mr. Thorold Rogers J aptly terms ' the balance 
 of power,' has now ceased to be an object of national 
 worship, but not until it had cost us an almost im- 
 measurable national debt, and the sacrifice of un- 
 counted myriads of human lives. The pernicious super- 
 stition was first recognised by law in 1727 : up to that 
 
 * 31 Vic. c. 14, 8. 22 ; 31 Vic. c. 15, s. 27. 
 
 t Hansard, vol. 191, col. 557. 
 
 X Preface to ' Speeches by Jolin Bright, M.P.' 
 
MR. Disraeli's administration, 1867. 67 
 
 time the Mutiny Act gave a reasonable ground for 
 maintaining a standing army — ' the safety of the King- 
 dom.' It was not until the reign of George 11. that 
 Parliament, by inserting the phrase ' balance of power ' 
 in the annual Mutiny Act, formally recognised the 
 idea of emulating the military establishments of 
 Continental Powers. The distinct abandonment of 
 that principle constitutes an epoch in the foreign 
 policy of this country. 
 
 But the subject of paramount interest in the debates 
 of 1868 has yet to be considered. Discussions respect- 
 ing the Irish Church occupied preeminently the atten- 
 tion of Parliament, occasioned a serious conflict between 
 the two Houses, caused a succession of defeats of the 
 Government, compelled the Ministers to offer the resig- 
 nation of their seats, and to promise, as an alternative, 
 an appeal to the country. 
 
 To form a correct and just estimate of the conduct 
 of political leaders with reference to this discussion, we 
 must go back a little in parliamentary history, and refer 
 to some anterior proceedings affecting the relations be- 
 tween the State and the Church in Ireland. We may 
 conveniently take our starting-point at the year 1835, 
 when the House of Commons, mainly at the instance of 
 Lord John Russell, passed a Resolution, declaring. 
 
 That this House will resolve itself into a Committee of the 
 whole House, in order to consider the present state of the 
 Church Establishment of Ireland with the view of appropri- 
 ating any surplus revenues to the general purposes of educa- 
 tion without distinction of religion. 
 
 The Resolution has never been carried into effect. 
 The Act of 1838 for the Commutation of Tithes in. 
 Ireland* was passed 'to abolish compositions for tithes 
 
 * 1 & 2 Vic. c. 109. 
 F 2 
 
68 WHIG AND TORY ADMINISTRATIONS. 
 
 in Ireland, and in lieu thereof to substitute rent-charges 
 payable by persons having a perpetual estate or interest 
 in the lands subject thereto, a reasonable allowance 
 being made for the greater security of collection arising 
 out of such transfer from the occupiers to the owners 
 of lands.' 
 
 A somewhat earlier statute of 1833 — the Irish Cburch 
 Temporalities Act* — made a considerable reduction of 
 the Episcopal Establishment. The number of bishops 
 was altered from twenty-two to twelve. Ten bishoprics 
 were abolished as separate sees and united with other 
 dioceses which were retained. An Ecclesiastical Com- 
 mission was also instituted for the purpose of applying 
 the revenues of the suppressed bishoprics and the crown 
 revenue from ' first-fruits ' to various ecclesiastical pur- 
 poses, including the erection of churches and the aug- 
 mentation of small livings. Neither of these Acts 
 appropriated any revenues to general education. 
 
 In more recent times Mr. Dillwyn, Member for Swan- 
 sea, has on several occasions proposed to the House of 
 Commons resolutions with reference to this subject. On 
 the 28th of March, 1865, he moved— 
 
 That in the opinion of this House, the present position of 
 the Irish Church Establishment is unsatisfactory and calls for 
 the early attention of Her Majesty's Grovernment.t 
 
 Mr. Dillwyn adduced statistics showing that the 
 number of members of the Irish Church had largely 
 decreased, between the years 1834 and 1861, and ac- 
 counted for a slight increase in the proportion of 
 Churchmen to Roman Catholics, by showing that the 
 extensive emigrations of modern times had taken place 
 among Roman Catholics principally. He referred to 
 instances of gross nepotism among Irish Ecclesiastical 
 dignitaries, and concluded that 
 
 Whether they looked at the Irish Establishment as a 
 » 3 & 4 Will. 4 c. 37. t Hansard, vol. 178, col. 384. 
 
69 
 
 missionary institution, or whether they looked at it as a 
 national institution, it must be admitted to have failed in both 
 respects. 
 
 The most remarkable feature of the debate was the 
 divergence of opinions expressed by different members 
 of the Cabinet then in power — that of Lord Palmerston. 
 Sir George Grey opposed the motion in the name of the 
 Government. He admitted that the creation of an Es- 
 tablished Church for the benefit of only a small minority 
 Avas 'theoretically indefensible.' 
 
 I have often said that I think the establishment of an 
 endowed Church in any country where that endowed Church 
 is the Church of a comparatively small minority, no provision 
 being made by law for religious worship in accordance with 
 the views of the majority, is a course which viewed as a 
 theoretical and abstract question cannot possibly be defended. 
 If we were now for the first time considering what should be 
 done, I should think it unwise to take such a course as that 
 which was taken in Ireland. 
 
 But he added — 
 
 We have the Irish Protestant Church established as an 
 existing institution in Ireland. It is not of recent creation ; 
 it rests upon the prescription of centuries, and, to use the ex- 
 pression of a distinguished Roman Catholic layman, is rooted 
 in our institutions. The firm belief of the Government is that 
 it could not be subverted without revolution, with all the horrors 
 which attend revolution.* 
 
 That is, the only excuses for the existence of the Es- 
 tablishment were the fact of its existence and the fear 
 of a revolution. The latter argument, at all events, is 
 shown by later experience to be unfounded. Mr. 
 Gladstone, then Chancellor of the Exchequer, spoke in 
 very different tones : — 
 
 I am bound to say that in the times in which we live, it is 
 not too hastily to be assumed that the exclusive and peculiar 
 position of the Irish Established Church is to be regarded 
 as necessarily useful to the progress of Protestantism. No 
 
 * Hansard, vol. 178, col. 400. 
 
70 WHIG AND TOKY ADMINISTKATIONS. 
 
 doubt it relieves members of the Protestant Church in a great 
 degree from the duty and business of making provision for 
 their own spiritual requirements ; but it is a great mistake to 
 suppose that the exclusive establishment of one religion is in 
 all circumstances favourable to the progress of that religion . . 
 . . It has been said that the exclusive establishment of the 
 Protestant Church in Ireland is necessary for the maintenance 
 of loyalty and order in that country. We have not heard that 
 argument to-night, and I believe we shall not hear it. There 
 can be no more fatal error on the part of those who are 
 charged with the Government of a country than to do acts or 
 make provisions which imply that loyalty to the laws, the 
 throne, and to the institutions of the country, is the particular 
 and exclusive property of a small minority of the people.* 
 
 Mr. Gladstone then proceeded to deal with an asser- 
 tion that there was no surplus revenue of the Establish- 
 ment, and showed that with reference to the number of 
 members the endowment was about 11. per head,f where- 
 as in England the quota was about 7s. or 8s. per head. 
 The following passage from this speech is very remark- 
 able, for it demonstrates the identity of Mr. Gladstone's 
 views in 1'65 and at the present time with regard to 
 redistribution of ecclesiastical revenues. 
 
 You have towns in Ireland presenting, perhaps, not in the 
 same degree, but still I apprehend to a certain degree, the same 
 deficiencies in the means of spiritual instruction as compared 
 with the Church population as are to be found in this country, 
 and, on the other hand, you have lar'ge portions of the country 
 in which there are equally large and liberal endowments while 
 the Church population can hardly be said to exist at all. It is 
 
 • Hansard, vol. 178, col. 428. 
 
 t The Report of the Established Church (Ireland) Commission in 1P68 
 states, p. y\., that the number of persons returned by the census of 1861 as 
 belonging to the communion of that Church was 698,357, and that its net 
 annual revenues amount to £581,000, of which ' upwards of £204,000 a 
 year consists of income derived from lands' (p. xiii). But the calculation 
 of revenue is founded partly on returns made by dignitaries and incumbents, 
 who are not likely to have exaggerated their own incomes, and partly on 
 estimates for lands in the hands of the incumbents ' taken from the valua- 
 tion made for their assessment to poor rates ' (p. xxxviii). This valuation 
 ' is somewhat, but not disproportionately, below the full improved value ' 
 (p. xiv). 
 
MB. Disraeli's administeation, 1867. 71 
 
 sometimes the practice to call this an abuse, and to say that 
 there would be a remedy if you would adopt the principle of re- 
 distribution — if you would take the tithes and estates of the 
 Church in Ireland, throw them into hotch-poch, and then dis- 
 tribute them substantially according to the proportions in 
 which the Church population is distributed over the face of the 
 country. I must confess, it appears to me that there are the 
 greatest difficulties, not only in practice but in principle, to the 
 application of any such remedy. I can hardly imagine that 
 the population of Ireland — especially of the provinces of 
 Munster and Connaught, where the Church population is 
 about 5 per cent, of the whole — would be content to see the 
 tithes and endowments of those provinces abstracted in order 
 that they might be carried into Ulster where the Church has 
 one-fifth of the population, or into Leinster where it has one- 
 eighth of the population. If that can be done, at least I know 
 of no Government that has ever been bold enough to propose 
 such an act. Some steps, some slight steps, have been taken in 
 that direction ; but in the main the tithes still remain locally 
 applied ; and I do not hesitate to say that I believe it would 
 be not only inexpedient but unjust, especially in the circum- 
 stances of Ireland, to interfere with the general application of 
 the principle of local endowments. But if the principle of 
 local distribution and enjoyment of endowments and tithes is 
 sound, then the Church in its present exclusive possession of 
 endowments is doomed, I fear, to the perpetual exhibition of a 
 painful anomaly. For what can be a greater anomaly than 
 that of a clergy appointed to do the work of shepherds of souls, 
 while in many parishes of Connaught and Munster their 
 flocks are to be reckoned, not by tens, but by units ; thus pre- 
 senting a most painful contrast — painful I am convinced to 
 those clergy themselves — the contrast between the actual state 
 of things and a National Church endowed for the spiritual 
 wants of the country . . . All this appears to me to indicate 
 in the present position of the Church of Ireland inherent 
 elements which show that her difficulties cannot be surmounted 
 by the wisdom of her rulers, or by the piety and devotion of her 
 clergy, and that they are essential elements of a false position. 
 
 When Mr. Gladstone reiterated the same opinions in 
 1868, upon a distinct challenge from a Conservative 
 Government, he was said to have advanced a novel doc- 
 trine merely for factious purposes, and for his owtl poli- 
 tical interests. The speech of 1865 has been cited 
 
72 WHIG AND TORY ADMINISTRATIONS. 
 
 copiously, not merely for its inti'insic value, but also 
 because it shows that the condemnation of the Irish 
 Ecclesiastical Establishment in 1868 was not a mere 
 after-thought, suggested by the hope of weakening or 
 overthrowing the Ministiy. 
 
 The speech of 1865 openly and manifestly avowed a 
 policy of Disestablishment. It was so understood by 
 the hearers in the House of Commons. Mr. Whiteside, 
 who followed in the debate, said : — 
 
 We now gather from the Chancellor of the Exchequer that the 
 ■whole question is to be re-opened, and that, not for the purpose 
 of carrying out any definite plan, but of encouraging all that 
 mischief which the right hon. gentleman the Secretary for the 
 Home Department (Sir George Grey) so graphically described. 
 The speech of the Chancellor of the Exchequer is, I may add, 
 calculated to separate him from the policy of the noble 
 Viscount at the head of the Government.* 
 
 The next important Parliamentary proceeding, with 
 reference to the Irish Church, was the issue of a Royal 
 Commission to inquire into the Ecclesiastical Revenue. 
 In June 1867, Lord Russell moved in the House of 
 Lords — • 
 
 That an humble Address be presented to Her Majesty, pray- 
 ing that Her Majesty will be pleased to give directions that by 
 the operation of a commission, or otherwise, full and accurate 
 information be procured as to the amount and nature of the 
 property and revenues of the Established Church in Ireland, 
 and as to the means of rendering that property more pro- 
 ductive. 
 
 Some time after notice of this motion was given. Lord 
 
 Russell proposed to add the words — 
 
 And to their more equitable application for the benefit of 
 the Irish people. 
 
 The House of Lords, after considerable discussion, 
 passed the resolution in its original form without the 
 addendum, and the Government appointed a Commission 
 of Inquiry accordingly. 
 
 At the commencement of the Session, in November 
 
 * Hansard, vol. 178, col. 448. 
 
MK. Disraeli's administration, 1867. 73 
 
 1867, it became generally understood that the condition 
 of the Irish Church would occupy a large share of the 
 attention of Parliament. In the debate on the Address 
 in reply to the Royal Speech, Mr. Gladstone referred to 
 the issue of the Commission, and to a rumour that the 
 Commissioners were not merely to collect facts, but 
 also to propose plans for dealing with the Established 
 Church in Ireland. 
 
 I own it appears to me that it would be an error to refer to 
 the Commission the preparation of plans for dealing with a 
 national question of that order. And in the circumstances 
 with which that question is surrounded, I do not think the 
 House would consent to consider as exempted from its own 
 jurisdiction the question of the Church of Ireland during that 
 period that such a Commission might fairly claim to spend in 
 the deep deliberations that preparation of these plans would 
 involve.* 
 
 Shortly after the Christmas recess, the Government 
 announced that they were prepared with an Irish policy. 
 During a debate (Feb. 24, 1868) on the Habeas Cor- 
 pus suspension (Ireland) Act, in answer to Lord Rus- 
 sell, who insisted that it was imperative to satisfy 
 Ireland with regard to the Church, an institution 
 which, he said, the people regarded with ' a feeling of 
 humiliation and degradation,' and 'as a badge of 
 conquest,' the Duke of Richmond replied on the part 
 of the Ministry, that on the next evening 'their policy 
 was to be promulgated in the House of Commons.' f 
 
 The revelation was, however, postponed by Lord 
 Derby's resignation the following day. In announcing, 
 however, on the 5th of March, the reconstruction of 
 the Cabinet, Lord Malmesbury said : — ' Within four or 
 five days from this time an ample declaration of our 
 Irish policy will be made in the House of Commons.' 
 Mr. Disraeli made a similar statement the same evening. 
 
 On March 10, 1868, the promised exposition was 
 given by the Earl of Mayo, Chief Secretary for Ireland. 
 
 * Hansard, vol. 190, p. 171. t -?*«<^- col- 1066. 
 
74 WHIG AND TORY ADMINISTEATIONS. 
 
 The occasion was a motion by Mr. Maguii'e for a Com- 
 mittee of the whole House to consider ' the condition 
 and circumstances of Ireland.' 
 
 The Earl of Mayo, in a very elaborate speech, exa- 
 mined the social and material condition of the people. 
 The proposals which he made on behalf of the Govern- 
 ment were mainly these : — The issue of a Royal Com- 
 mission to inquire into the laws and customs affecting 
 the tenure of land, and the institution of a Roman 
 Catholic University, to be endowed by the State. He 
 said : — 
 
 We therefore propose to advise Her Majesty to grant a 
 Charter to a Roman Catholic University, to be constructed 
 in the following manner. The institution which it is proposed 
 to create will not resemble the existing Roman Catholic Uni- 
 versity in Dublin. It is proposed that, in the first instance, a 
 Charter should be granted in the same way that the Charter 
 was granted to the Queen's University ; that the governing body 
 under the original constitution should consist of a Chancellor, 
 Vice-Chancellor, four Prelates, the President of Maynooth, 
 six Laymen, the heads of colleges to be at first aflSliated and 
 five members to be elected so as to represent the five educa- 
 tional faculties — all being Roman Catholics. . . . With 
 regard to endowment, it will be essential, of course — if Parlia- 
 ment agree to the proposal — in the first instance to provide for 
 the necessary expenses of the University — that is to say, the 
 expenses of the officers of the University, of the University 
 Professors, and also to make some provision for a building. It 
 is possible that if Parliament approves of the scheme, it may 
 not be indisposed to endow certain University scholarships. 
 But with regard to the endowment of colleges, it is impossible 
 to make any proposal at present ; and to that extent the ques- 
 tion will be left open to future consideration.* 
 
 Lord Mayo then approached the question of the State 
 Church, which, he said, ' after a slumber of nearly thirty 
 years, had again become a subject of first-rate pohtical 
 importance.' The following extract will sufficiently in- 
 dicate the opinions on the subject which the Govern- 
 ment then entertained : — 
 
 * Hansard, vol. ICO) col. 1385. 
 
MR. DISKAELI'S ADMINISTRATION, 1867. 75 
 
 For my own part, I believe that if the Irish Church is over- 
 thrown, that overthrow can only be effected after a long and 
 painful struggle — a struggle which must inevitably tend to the 
 increase and aggravation of those discords and religious hatreds 
 which have produced such evils in the community. The 
 voluntary system is proposed in the interests of peace. There 
 are parts of the country where the voluntary system is 
 established in connection with the Established Church, and I 
 am not aware that those regions are especially characterised 
 by concord among the people. The question must be dealt 
 with in a very different spirit from that which the advocates 
 of entire abolition profess. The Presbyterians noio receive 
 a grant from this House which is miserahle in amount and 
 wholly inadequate to their requirements. The Protestants of 
 Ireland are content with the system which prevails ; but are 
 not averse to improvements and to such alterations of ecclesias- 
 tical arrangements as would make their Church better fitted 
 to meet the wants of modern times. But we must not pre- 
 scribe hastily. Of all the schemes which have been proposed, 
 I object preeminently to that known as the process of levelling 
 down. It is said if you cannot elevate and raise institutions so 
 as to make them equal, the only thing is to abolish them alto- 
 gether. I object to that policy. I think that proposals for 
 universal levelling down are the worst of all propositions. . . . 
 // it is desired to make our Churches more equal in position 
 than they are, the result should he secured by elevation and 
 restoration, not by confiscation and degradation. 
 
 There is a remarkable variation in the different re- 
 ports of this passage. Hansard's Debates copy this 
 particular speech from an authorised edition of it. The 
 newspapers give a materially different version. In the 
 Daily Telegraph it appears as follows : — 
 
 There is no disinclination on their part to put other Churches 
 in a favourable position; but equality must be realised by 
 elevation and restoration, not by confiscation and degradation.* 
 
 In the Times the passage stands thus : — 
 
 There would not, I believe, be any objection to make all 
 Churches equal ; but the result must be secured by elevation 
 and not by confiscation.f 
 
 We may take it, therefore, as well ascertained, that 
 
 * Bail;/ Telegraph, March 11, 1868, p. 5. 
 t Times, Marcli 11, 1868. 
 
76 WHIG AND TORY ADMINISTRATIONS. 
 
 Lord Mayo announced to the House of Commons, on 
 March 10, that there was no ' objection,' or no ' disin- 
 clination,' on the part of the Conservative Government, 
 to make all Churches in Ireland ' equal,' or to put other 
 Churches besides the Establishment ' in a favourable 
 position.' In the revised report, and upon subsequent 
 reflection, the announcement has been softened down 
 into the mere supposition which compromises nobody — 
 ' if it is desired to make our Churches more equal.' 
 
 The debate upon the state of Ireland lasted three 
 nights. Mr. Gladstone condemned the Government plan 
 of ' levelling up,' and declared that the Church could 
 not be satisfactorily reformed without a dissolution of 
 its connection with the State. 
 
 I am not going to discuss the relative merits of ' levelling 
 up' and 'levelling down.' I am not for levelling up nor for 
 levelling down. But ' religious equality,' understood in the 
 sense of grants from the Exchequer in order to bring the 
 general population of Ireland up to the level of the Establish- 
 ment ; or understood in the sense of plans for dividing and 
 distributing the income of the Establishment in salaries and 
 stipends to the clergy of the several communions — these 
 are measures which, whether beneficial or not, might at other 
 times have been possible, but in my opinion they have now 
 passed all bounds of possibility. And it is vain and idle for us, 
 as practical men charged with practical duties, to take them, or 
 keep them in our view. My opinion is then, that ' religious 
 equality ' is a phrase which requires further development. 
 And I will develop it further by saying that, in this religious 
 equality in Ireland, I for my part, include in its fullest extent of 
 the word — a very grave word I do not deny, and I think we 
 cannot be too careful to estimate its gravity before we come to 
 a final conclusion, the very grave word Disestablishment. 
 If we are to do any good at all by meddling with the Church 
 in Ireland, it must in my judgment be by putting an end to 
 its existence as a State Church* 
 
 Mr. Disraeli commenced his reply by complaining 
 that his Government should be called upon to produce 
 
 * Hansard, vol. 190, col. 17CG (March 10, 1868). 
 
MR. Disraeli's administration, i867. 77 
 
 measures equal to the exigency of Irish affairs. He 
 said : — 
 
 As the right hon. gentleman proceeded it appeared that the 
 crisis of Ireland at which it has just arrived was the culmi- 
 nating point of a controversy which had lasted for 700 years. 
 I could not but feel that I was indeed the most unfortunate 
 of Ministers since, at the moment when I arrived, by Her 
 Majesty's favour, at the position I now fill, a controversy which 
 had lasted 700 years had reached its culminating point, and I 
 was immediately called upon with my colleagues to produce 
 measures equal to such a supernatural exigency. 
 
 The exigency was not supernatural — it was invited 
 by himself. The Ministry had spontaneously under- 
 taken to apply a remedy for the ills of Ireland. Lord 
 Mayo's statement, announced beforehand with much 
 pomp and ceremony, by several Ministers, on several 
 occasions, in both Houses, was the Government pro- 
 gramme, and we may suppose that it was submitted to 
 Parliament in order that Parliament might pronounce 
 an opinion upon it. Lord Mayo, on the part of the 
 Cabinet, proposed various measures — a Commission of 
 Inquiry respecting tenant-right — an endowed Catholic 
 University — and, with reference to ecclesiastical affairs, 
 a process vaguely described by the terms ' leveUing up ' 
 and ' religious equality.' The Irish Church, he had 
 said, 'had become a subject of first-rate importance;' 
 the grant to the Presbyterians was ' miserable ' and 
 ' inadequate ; ' there was ' no disinclination ' on the part 
 of the Government ' to put other Churches in a favour- 
 able position.' Surely here was a distinct challenge of 
 the opinion of Parliament. The expedients proposed 
 by Lord Mayo, on the part of the Government, might 
 be wise or unwise, adequate or inadequate ; but there 
 could be no question about this — that the Cabinet of 
 its own accord submitted them to the judgment of the 
 House of Commons. What were those members to do, 
 who, like Mr. Gladstone, believed the expedients to be 
 
78 WHIG AND TORY ADMINISTRATIONS. 
 
 either futile or impolitic? "Were they to feign acquies- 
 cence, or were they to sit sUent? Mr. Disraeli invoked 
 criticism, but when it was found to be adverse, com- 
 plained of it as an impertinence. 
 
 With respect to the maintenance of the Irish Estab- 
 lishment, he offered the following argument : — 
 
 The Established Church in Ireland is, I frankly admit at 
 once, not in the condition in which I should like to see a 
 national Church. The condition in which I should wish to 
 see a national Church would be this— that the whole popula- 
 tion of the country should be in communion with it. That 
 would be a perfect and completely national Church. But in 
 a land where complete toleration fortunately flourishes that is 
 not an ideal of a Church which will probably be ever realised. 
 Well then, we must advance to the position of an Established 
 Church which is not supported by the whole population of the 
 country, but by only a part of it. That in my view will still 
 be a great advantage. I think that there is nothing which we 
 should be more deeply impressed with, than the importance of 
 connecting the principle of religion with Government. If 
 you do not connect the principle of religion with Government, 
 you must reduce the power and character of Government. If 
 you once divorce political authority from the principle of 
 religion, I do not see what you can come to but a mere affair of 
 police. If you admit that it is wise to connect the principle of 
 religion with Government, the mind is naturally brought to 
 endowment. It is the practical mode of bringing the system 
 into operation.* 
 
 This plea for a state religion has been frequently 
 expressed in various forms, and has great influence 
 with many persons of strong and earnest religious con- 
 victions. But it may be well considered whether the 
 argument does not involve a confusion of thought and 
 language. In what sense can we speak of ' connecting 
 the principle of religion with Government ' ? Religion 
 is personal. The individual persons who compose a 
 government may be religious ; but how can the govern- 
 ment or system under which they act be said to be 
 
 * Hansard, vol. 190, col. 1781 (March 16, 1868). 
 
MR. Disraeli's administration, 1867. 79 
 
 connected with religion ? If our Christian profession 
 be sincere we must believe it to be for the advantage of 
 the country that statesmen should be actuated by 
 religious principles; but that is an entirely diflferent 
 proposition from the one under consideration. It is 
 supposed that in some unexplained way the Constitution 
 itself — that is, the contrivance or machine by which the 
 country is governed — shall be religious, or connected 
 with the ' principle of religion.' Mr. Disraeli deprecates 
 ' divorce of political authority from the principle of 
 religion.' He might as well complain of the divorce of 
 the principle of religion from the Binomial theorem. 
 It is not worth while to inquire whether the union be 
 desirable, for it is simply impossible. Persons possess- 
 ing ' political authority ' may also be influenced by a 
 ' principle of religion.' It were much to be desired 
 that statesmen avowed that principle more frequently 
 and more distinctly. But; even if they did so uni- 
 versally, that circumstance would not serve to combine 
 political authority with religion. The two phrases re- 
 present two distinct ideas which have no relation to 
 each other. People who are content with inexact 
 language are accustomed to personify the State, and to 
 say that the State ought to be religious, when they really 
 mean that statesmen ought to be religious. We may 
 have a union of State and Church in this sense — that 
 the State may invest the Church with peculiar privi- 
 leges. We may also have a system of government 
 which promotes religion; but tliat does not make the 
 system itself religious. The union of religion with the 
 State is as much beyond human power as the arithme- 
 tical addition of quantities which are not of the same 
 kind. To talk of an institution or the machinery of 
 government being religious is to talk mere nonsense. 
 The attempt to identify a collection or code of rules — 
 for that is what is meant by the State — with spiritual 
 
80 WHIG AND TORY ADMINISTRATIONS. 
 
 belief is as absui'd as the attempt to add yards to 
 ounces, or a number of acres to a number of shillings. 
 
 Mr. Disraeli, in the course of his speech, repudiated 
 the idea that the Government proposed to endow a 
 Catholic University. 
 
 The first thing to which the right hon. gentleman directed 
 our attention was, the measure — but I should not call it a 
 measure, for it may not be necessary to legislate upon it — the 
 intention which we have intimated to Parliament of recom- 
 mending Her Majesty to grant a Charter to a Roman Catholic 
 University in Ireland. The right hon. gentleman raised an 
 argument against that proposition, which, no doubt, may 
 have had some effect on the House, upon the assumption that 
 we had announced our intention to ask the House to endow 
 that University. I certainly never heard of that intended en- 
 dowment before . . . Certainly my noble friend the Chief 
 Secretary for Ireland made no such proposition, nor was there 
 any necessity of making any communication to Parliament 
 except the honourable engagement which the Government was 
 under of not moving in the matter without communicating with 
 Parliament. It is perfectly true that when the right hon. 
 gentleman opposite (Mr. Monsell) asked my noble friend 
 about endowment, my noble friend said he would ask the 
 House to pay the university expenses such as are paid for the 
 London University. It is perfectly legitimate for the House 
 to decide whether they will pay them or not. They are of no 
 great amount ; the charge for the London University being 
 about 8,000Z. a year.* 
 
 The hearers of this remark must have distrusted 
 their own ears. Only six days before Lord Mayo liad 
 declared that it was an ' essential ' part of the Govern- 
 ment scheme that Parliament should pay the ' officers ' 
 and ' professors ' of the University, and make provision 
 for a building. He suggested that Parliament should 
 ' endow certain university scholarships ' and the ' en- 
 dowment of colleges ' was to be left ' open for future 
 consideration.' But in that period of six days a chorus 
 of disapprobation had shouted down this plan of adding 
 to Catholic endowments. So Mr. Disraeli says that 
 
 * Hansard, vol. 190, col. 1774. 
 
ME. Disraeli's administration, iser. 81 
 
 endowment even of a University was never intended, only 
 some expenses were to be paid as in the case^ of London 
 University. But what analogy was there between that 
 case and the proposed endowment of professors and 
 scholars of the Irish University and the prospective en- 
 dowment of colleges? The Prime Minister has a rare 
 talent for courageous explanations. 
 
 On the 30th of March 1868, the principal work of the 
 Session began. On that day Mr. Gladstone moved that 
 the House resolve itself into a Committee to consider 
 the Acts relating to the Established Church in Ireland. 
 Whatever might be thought of the principles which he 
 avowed on this occasion, no one, friend or foe, could deny 
 that they were distinctly expressed. 
 
 If it is asked what it is, that in endeavouring to put an end 
 to the present Establishment, I renounce for the future, I would 
 again say that what I renounce for the future, is the attempt to 
 maintain in association with the State, under the authority of 
 the State, or supported by the income of the State, or by 
 public or national property in any form, a salaried or stipen- 
 diary clergy.* 
 
 With regard to the details of the arrangement, Mr. 
 Gladstone proceeded — 
 
 We should begin by a recognition of every vested interest ; 
 and I am bound to say, in speaking of vested interests, that it 
 appears to me, at least, a matter for argument and considera- 
 tion, whether we can strictly and absolutely limit the phrase to 
 those who are in possession of benefices, or whether some re- 
 gard ought not possibly to be had — though it would be prema- 
 ture to give an opinion upon the point — to the case of those 
 who have devoted themselves to an indelible profession that 
 separates them from the great bulk of profitable secular employ- 
 ments, in expectation of the benefices which we have kept in 
 existence by law under our authority, even though they may 
 not actually have entered upon them. ... I apprehend that if 
 the Irish Church were disestablished, none would propose to 
 deprive those who have worshipped in its sacred fabrics of the 
 future possession and use of those fabrics, provided they are 
 * Hansard, vol. 191, col. 472. 
 G 
 
82 . WHIG AND TORY ADMINISTEATIONS. 
 
 willing to maintain them, and to apply them to religious pur- 
 poses. On that subject I feel the utmost confidence, and I feel 
 almost an equal confidence that the very same lenient judgment 
 which goes to the Church, would go likewise to that which is 
 inseparably connected with the Church — I mean the residences 
 of the clergy. In addition to this we are told, and fairly told, 
 that the great bulk of the proprietors of the soil of Ireland are 
 members of the Established Church of Ireland. I apprehend 
 I am not wrong in assuming, first, that the proprietors of ad- 
 vowsons would have the strictest and most absolute claim to full 
 compensation for the value of their property ; said, secondly, 
 that these proprietors of advowsons who, I am aware, are not 
 nefirly as numerous, relatively to the whole number of benefices, 
 as they are in England — the benefices in private gift in Ireland 
 only amounting roughly to one-sixth of the whole — are in the 
 vast majority of cases members of the Established Church, and 
 to them would be paid the money which the State would find to 
 be the value of these advowsons. There is another class, I am 
 afraid not a very extensive one, the category of recent endow- 
 ments by persons, some of them even now living, some of them 
 but lately gone from among us, who have out of their own 
 means and liberality built churches and devoted funds for the 
 purposes of the Established Church in Ireland. Such endow- 
 ments, I apprehend, would under all circumstances be respected. 
 Now, putting together these various items — and this is but an 
 imperfect sketch — it has no pretence whatever to be a definite 
 statement — I believe that the efiect of the much dreaded dis- 
 establishment of the Church, conducted as I have endeavoured 
 to describe it, would be this ; that if the full money value of 
 the entire possessions of the Irish Church fairly sold in open 
 market were estimated, certainly not less than three-fifths, 
 possibly two-thirds, would remain in the hands of members of 
 the Anglican communion.* 
 
 Lord Stanley followed in the debate, and replied to 
 this proposal by a dilatory plea. He moved — 
 
 To leave out from the word ' house ' to the end of the ques- 
 tion, in order to add the words ' while admitting that consider- 
 able modifications in the temporalities of the United Church in 
 Ireland, may, after the pending inquiry, appear to be expedient, 
 is of opinion that any proposition tending to the disestablish- 
 ment or disendowraent of the Church, ought to be reserved 
 for the decision of a new Parliament. 'f 
 
 * Hansard, vol. 191, col. 475. f Ibid. col. 607. 
 
ME. Disraeli's administbation, iser. 83 
 
 The language of this carefully considered amendment 
 shows that the Goverimient regarded disestablishment, 
 cr disendowment, not as a measure which could never 
 be entertained, but as one which ought to be reserved 
 for the consideration of a new Parliament. Lord Stan- 
 ley argued that the discussion raised by Mr. Gladstone 
 was premature, as he did not propose to legislate in 
 that Session with respect to the Irish Church. Mr. 
 Gladstone explained that he should recommend imme- 
 diate legislation ' to prevent the growth of new inte- 
 rests.'* Lord Stanley made the important admission, 
 that the next Parhament would have to consider the 
 subject, and that the ecclesiastical arrangements of 
 Ireland were unsatisfactory. 
 
 It appears to me that the real question which the next Par- 
 liament will have to consider, will not be whether anything 
 ought to be done as regards the Irish Church, but what the 
 particular thing to be done shall be. Probably there is not 
 one educated person in a hundred who will stand up and pre- 
 tend that the Irish ecclesiastical arrangements are of altogether 
 a satisfactory kind. I am certainly not that one.f 
 
 Lord Cranborne, who had seceded in the former year 
 from the Conservative Ministry, on account of his objec- 
 tions to their Reform Bill, severely criticised the amend- 
 ment now proposed. He said : — 
 
 I admit that the right hon. gentleman opposite has spoken 
 to-night with perfect candour and openness in expressing his 
 opinions, and I would reciprocate that candour by telling him 
 that I shall meet his motion with a straightforward and direct 
 negative. But I cannot support an amendment of which the 
 object, as it appears to me, is merely to gain time — merely to 
 retain the cards in the hands of the Executive that they may 
 shuffle them as they like — merely to repeat on the Irish Church 
 the process which they last year applied to Reform — merely to 
 enable them to utilise great questions of public policy and 
 matters which excite the feebngs of people out of doors to the 
 utmost, for the purposes of party and the maintenance of a 
 
 * Hansard, vol. 191, col. 500 (March 30, 1868). f Ibid. col. 428. 
 
 o 2 
 
84 WHIG AND TOBY ADMINISTRATIONS. 
 
 Government in place. I think that such tactics are not 
 honourable to the House of Commons, nor honourable to the 
 Government which resorts to them.* 
 
 The Solicitor-General (Sir William Brett) argued that 
 the Coronation Oath precluded the Queen from assenting 
 to disestablishment. 
 
 The Coronation Oath, and the law with respect to 
 it, have been very frequently mis-stated. The Statute 
 1 Wniiam and Mary, sess. i. cap. 6, entitled ' An Act for 
 Establishing the Coronation Oath,' gives a form which 
 contains the following passage — the only passage re- 
 lating to the Church and religion : — 
 
 Archbishop or Bishop. — Will you to the utmost of your 
 power maintain the Laws of God, the true profession of the 
 Gospel, and the Protestant Reformed Religion established by 
 law, and will you preserve unto the Bishops and Clergy of 
 this realm, and to the Churches committed to their charge, all 
 such rights and privileges as by law do or shall appertain 
 unto them or any of them ? 
 
 King and Queen. — All this I promise to do. 
 
 This form was prescribed before the Union of England 
 and Scotland. The Act of Union of the two countries 
 (5 Anne c. 8) directs (article 25) that the sovereign 
 shall ' take and subscribe an oath to maintain and pre- 
 serve inviolably the said settlement of the Church of 
 Englarid and the doctrine, worship, discipline, and go- 
 vernment thereof, as by law established, within the 
 kingdoms of England and Ireland, the dominion of 
 Wales, and town of Berwick-on-Tweed, and the territo- 
 ries thereunto belonging.' 
 
 Since this enactment was made, the form has been 
 modified by combining that prescribed by the Act of 
 William and Mary with words intended to give effect 
 to the clause just cited from the Act of Union with 
 Scotland. It appears that at the coronation of Queen 
 
 ' Hansard, vol. 101, coL 540. 
 
MR. DISRAELI'S ADMINISTRATION, Ii67. 85 
 
 Victoria the oath, so far as affects the Church, was as 
 follows : — 
 
 Archbishop. — Will you to the utmost of your power main- 
 tain the Laws of God, the true profession of the Gospel, and 
 the Protestant Reformed Religion established by law ? Aad 
 will you maintain and preserve inviolably the settlement of the 
 United Church of England and Ireland, and the doctrine, 
 worship, discipline, and government thereof, as by law estab- 
 lished within England and Ireland and the territories there- 
 unto belonging ? And will you preserve unto the Bishops and 
 Clergy of England and Ireland, and to the Churches there 
 committed to their charge, all such rights and privileges as by 
 law do or shall appertain to them, or any of them ? 
 Queen. — All this I promise to do.* 
 
 The sovereign swears to maintain the settlement of 
 the united Church, but with that important qualifica- 
 tion, overlooked by the Solicitor- General, which is con- 
 tained in the words ' as by law established.' That the 
 word ' established ' is not merely retrospective but pro- 
 spective also, appears plainly by the context, for imme- 
 diately afterwards the Queen promises to preserve to 
 the bishops and clergy all such rights and privileges ' as 
 by law do or shall appertain to them.' It would be a most 
 violent construction to regard one part of the oath as 
 contemplating possible alterations of the law, and another 
 part as binding the sovereign to an absolute and uncon- 
 ditional pledge to resist such alterations. Those who 
 ask us to adopt that interpretation, ask us to believe 
 that the Parliament which imposed the oath, voluntarily 
 put limits on its own power, and wished to preclude 
 sovereigns from assenting, even with the advice and 
 consent of both Houses, to any further legislation affect- 
 ing the united Church. 
 
 Before we pass from this subject, it may be added 
 
 * Return to an address for copies of tlie Coronation Oaths — Number 191 
 of Sess. 1868. There is a statement in this return which is not quite accu- 
 rate, for it represents the existing oath as founded upon the Act of Union 
 solely, and omits all reference to the earlier Statute of William and Mary, 
 
86 WHIG AND TOBY ADMINISTRATIONS. 
 
 that other parts of the oath recognise the power of Par- 
 liament. The sovereign pronaises to govern ' according 
 to the Statutes in Parliament agreed on.' Will anyone 
 maintain that the words ' agreed on ' are used in the past 
 tense only ? If not, why should the words ' as by law 
 established,' which relate to the Church, be supposed to 
 be used only in the past tense? 
 
 Mr. Gathorne Hardy, the Home Secretary, resisted 
 Mr. Gladstone's motion for a committee, with that earnest 
 conviction which always commands respect, even where 
 it does not procure assent. Mr. Hardy principally re- 
 lied on the argument that disestablishment in Ireland 
 Avould lead to a similar result in England. He said : — 
 
 I do not know why in one country it is to be considered 
 advantageous to be without endowments, and in another 
 country to possess them. And if religion in this country can 
 exist, although cumbered, as the right hon. gentleman would 
 have us think, with large endowments, why do you object to 
 our Protestant friends in Ireland retaining that to which they 
 believe they have a right ? 
 
 In another part of his speech he reverted to the same 
 topic as follows : — 
 
 The main arguments which have been used by the right 
 hon. gentleman and hon. member who sit below the gangway, 
 and with perfect consistency by the latter, in support of these 
 Resolutions, are in favour of religious equality. Now, religi- 
 ous equality I do not understand, either in principle or practice, 
 to apply to only one part of the empire. I say, therefore, it 
 is not unreasonable in us to object, if you are going to touch 
 part of our Church, that on that principle you are, in fact, 
 touching the whole, and upsetting the grounds upon which 
 alone the Establishments of the country — Church and State — 
 can be defended. If it is necessary for religious equality that 
 there shall be no endowments or privileges accorded to the 
 ministers of the Established Church, then I understand the 
 argument. It is the voluntary system pure and simple, and 
 one fairly to be debated and argued ; but you cannot justly 
 put forward religious equality when you are only going to apply 
 the principle to a small part of the empire.* 
 
 * Hansard, vol. 191, col. 595, 
 
ME. DISRAELI'S ADMINISTRATION, 1867. 87 
 
 But the proposal for ' religious equality ' came from 
 the Government, not from Mr. Gladstone. It was Lord 
 Mayo who invented the phrase. Mr. Hardy's apprehen- 
 sion that disestabUshment in Ireland must necessarily 
 lead to disestablishment in England, is one form of that 
 most foolish of Parliamentary arguments — dread of the 
 ' thin edge of the wedge.' It amounts to this — that 
 we are to abstain from doing what may be expedient 
 and just to-day, because possibly something else which 
 is inexpedient and unjust may be proposed to-morrow. 
 We are to suppose that to-morrow we shall not be able 
 to distinguish the limits of right and wrong, and that 
 in the conduct of our affairs we are certain to be 
 deluded by false analogies. 
 
 The circumstances of the Church in England and in 
 ■ Ireland are altogether different. There, it is not merely 
 the Church of the small minority — that is a circumstance 
 of subordinate imjDortance- — but it is looked upon by the 
 mass of the people with feelings of bitter hostility, and 
 is the occasion of most hateful religious strifes. The 
 struggles and feuds between Orangemen and Roman 
 CathoUcs are a disgrace to our profession of Christianity. 
 The Legislature is obliged to pass Acts prohibiting their 
 party processions, and to prevent them from flaunting 
 their flags and emblems of discord in each others' faces. 
 Can any calm spectator suppose that the cause of religion 
 is promoted by such examples? The most sacred 
 names and the most solemn subjects are profaned, and 
 the profession of religion is prostituted as an occasion 
 of party strife. With the utmost stretch of charity it 
 is impossible to believe that the fury of Orangeism pro- 
 ceeds from pure love to the doctrines of Christ unmixed 
 with worldly passion. 
 
 Here in England we have no such examples of secta- 
 rian bitterness. A very large proportion of the popu- 
 lation is in avowed communion with the Church. Again, 
 
88 WHIG AND TOKY ADMINISTRATIONS. 
 
 the Nonconformists regard her ' with feelings very dif- 
 ferent from those with which the Romanist of Ireland 
 regards the Protestant Establishment. A Baptist or 
 Wesleyan in England may take exceptions to various 
 parts of the Prayer-book ; but, as a general rule, he has 
 no conscientious scruple against entering a parish church 
 and joining in the worship. Dissenters, excepting a 
 few extreme bigots, allow that the Chuixh has her use, 
 that the institution, with all the shortcomings attributed 
 to it, does at least some service to the cause of Chris- 
 tianity. The benefits of the parochial system — the 
 advantage of possessing an educated clergyman in every 
 remote village to superintend the education of the poor, 
 to direct and promote local charities, to set an example 
 of respect to religion and morals — are admitted by the 
 immense majority of intelligent Englishmen. The claim 
 of our Church to be considered national is that she is 
 doing national work, and conferring national benefits. 
 In Ireland the Church has not that title. There her 
 work is sectarian, and her beneficial influence is limited 
 to a small fraction of the population. 
 
 The debate on Mr. Gladstone's motion for a committee 
 extended over four nights, and was distinguished by seve- 
 ral noble specimens of Parliamentary oratory. A long- 
 expected, long-continued discussion generally enables 
 both Houses to demonsti'ate their high rank as debating 
 assemblies. Many of the speeches uttered on the pre- 
 sent occasion are worthy of careful analysis, but the 
 bare mention of a few conspicuous speakers must suffice. 
 General Peel spoke out with his wonted candour and 
 directness. He apprehended, from Lord Stanley's 
 speech, that ' the destruction of the Irish Church might 
 prove hereafter to be one of those Conservative triumphs 
 which the right honourable gentleman the First Lord 
 of the Treasury promised the party ' — but was reassured 
 
ME. Disraeli's administration, 1867. 89 
 
 by the earnestness of the Home Secretary. Mr. Roebuck 
 argued against Mr. Gladstone's motion, and promised to 
 vote for it. Mr. Lowe concluded a speech of extra- 
 ordinary power thus : — 
 
 The Irish Church is founded on injustice. It is founded on 
 the dominant rights of the few over the many, and it will not 
 stand. You call it a missionary Church. If so its mission is 
 unfulfilled. As a missionary Church it has failed utterly. Like 
 some exotic brought from a far country with infinite pains and 
 useless trouble, it is kept alive with difficulty and expense in an 
 ungrateful climate and ungenial soil. The curse of barrenness 
 is upon it ; it bears no leaves and yields no fruit.* 
 
 Scarcely one eminent name except that of Sir Roun- 
 dell Palmer is absent from the list of speakers — Mr. 
 Bright, Mr. Coleridge, and Mr. Stansfeld on the one 
 side, Lord Mayo and Sir Stafford Northcote on the 
 other, sustained the debate with ability, earnestness, 
 and dignity worthy of the occasion. But the most 
 tolerant judgment cannot accord the same merits to 
 Mr. Disraeli's perfervid harangue. Lord Stanley had 
 opened the Conservative defence with an excess of 
 caution ; his leader closed it with an excess of reckless- 
 ness. His peroration was a collection of invectives and 
 personal imputations. These were the concluding sen- 
 tences : — 
 
 I know very well what are the powers that are now and have 
 been for some time meeting together and joining to produce 
 the consequences which some anticipate, and which I hope may 
 be yet defeated. No man can have watched what has taken 
 place in this country during the last ten years without being 
 prepared, if he be of a thoughtful mind, for the crisis of this 
 country. I repeat the expression which I uged in my letter to 
 my Lord Dartmouth, that the crisis of England is now fast 
 arriving. High Church Ritualists and the followers of the 
 Pope have been long in secret combination, and are now in open 
 confederacy \_Laughter\. Yes, but it is a fact. It is confessed 
 
 * Hansard,^\ol. 191, col. 748. 
 
90 WHIG AND TOKY ADMINISTRATIONS. 
 
 by those who attempted to prevent this combination, to mitigate 
 the occurrence, to avoid the conjuncture, which we always felt 
 would be most dangerous to the country. They have com- 
 bined to destroy that great blessing of conciliation which both 
 parties in the State for the last quarter of a century have 
 laboured to eifect. I am perfectly aware of the great difficul- 
 ties we have to encounter. I know the almost superhuman 
 power of this combination. They have their hand almost upon 
 the realm of England. Under the guise of Liberalism, under 
 the pretence of legislating in the spirit of the age, they are,. as 
 they think, about to seize upon the supreme authority of the 
 realm. But this I can say that so long as, by the favour of 
 the Queen, I stand here, I will oppose to the utmost of my 
 ability the attempt they are making. I believe the policy of 
 the right hon. gentleman, who is their representative, if suc- 
 cessful wUl change the character of the country. It will deprive 
 the subjects of Her Majesty of some of their most precious 
 privileges, and it will most dangerously touch even the tenure 
 of the Crown.* 
 
 The sober pages of Hansard inadequately represent 
 the violent character of this declamation. The passionate 
 tones in which it was uttered, and wild gesticulations 
 by which it was accompanied, were better suited to one 
 of those meetings which Orangemen call their lodges 
 than to a deliberative assembly. Mr. Gladstone con- 
 tented himself with observing that ' there are portions 
 of the discursive speech of the right hon. gentleman of 
 which, with every effort on my part, I fail to discern the 
 relevancy; and there are other portions of which it does 
 not seem to me a severe judgment to say that they ap- 
 pear to be due to the influence of a heated imagination.' 
 
 The motion for going into Committee was carried 
 against the Government by a majority of 56 — the 
 numbers being ayes, 328; noes, 272. The House imme- 
 diately afterwards adjourned for the Easter recess. 
 
 It will not be necessary to give any lengthened 
 account of the subsequent debates in the House of 
 Commons upon the Irish Church ; for the principal 
 
 * Hansard, vol. 191, col. 923. 
 
MB. DISRAELI'S ADMINISTRATION, 1867. 91 
 
 arguments with reference to Mr. Gladstone's measures 
 have been already noticed. On April 27 he moved the 
 first of three Resolutions which he submitted to the 
 consideration of the Committee of the whole House. It 
 was as follows : — 
 
 That it is necessary that the Established Church of Ireland 
 should cease to exist as an Establishment, due regard being 
 had to all personal interests and all ecclesiastical rights of 
 property. 
 
 After three nights' debate this Resolution was carried 
 by a majority of 65 — the numbers being ayes, 330; 
 noes, 265. 
 
 Mr. Disraeli upon the announcement of this result 
 said that the vote at which the Committee had arrived 
 'altered the relations between Her Majesty's Govern- 
 ment and the present House of Commons ; it is therefore 
 necessary for us to consider our position : ' and he pro- 
 posed an adjournment of the House for a few days.* 
 
 On Monday, May 4, Mr. Disraeli stated in the House 
 of Commons that on the previous Friday he had ten- 
 dered his resignation to the Queen, and that Her Majesty 
 expressed her pleasure not to accept the resignation of 
 her Ministers, and her readiness to dissolve Parliament 
 as soon as the state of public business would permit. 
 He added : — 
 
 Under these circumstances I advised Her Majesty that 
 although the present constituency was no doubt as morally 
 competent to decide upon the question of the disestablishment 
 of the Irish Church as the representatives of that constituency 
 in this House, still it was the opinion of Her Majesty's Mini- 
 sters that every effort should be made that the appeal, if possible, 
 should be directed to the new constituency. And I expressed 
 to her Majesty that if we had the cordial co-operation of Par- 
 liament, I was advised by those who are experienced and 
 stilful in such matters that it would be possible to make ar- 
 rangements by which that dissolution could take place in the 
 autumn of this year. 
 
 * Hansard, vol. 191, col. 1679. 
 
92 WHIG AND TORY ADMINISTRATIONS. 
 
 Four days later (May 15) the Solicitor-General, 
 speaking on behalf of the Government, stated that the 
 register of voters could be completed by October 20, 
 and that the general election might be held immediately 
 after that date. But towards the end of the month the 
 Ministei'ial ardour for an appeal to the new constituen- 
 cies had considerably abated. On May 26 Mr. Sandford 
 asked 'whether Her Majesty's Government intended to 
 bring forward any measure for shortening the period 
 before the forthcoming general election?' The First 
 Lord of the Treasury answered that 'the subject to 
 which the honourable gentleman refers is now under the 
 consideration of Her Majesty's Government, and has 
 been for some time, and I am bound to say that the 
 difficulties connected with it are greater than we anti- 
 cipated; but I trust these difficulties may be overcome.' 
 These words seemed to prelude a change of key. Many 
 Opposition members, apparently, became apprehensive 
 that the Government, having got their most important 
 Bills expedited and large supplies voted, had become 
 disinclined to keep their promise of an autumnal Ses- 
 sion. This misgiving was manifested in the discussion 
 on May 29, when Mr. Forster inquired what steps 
 would be taken to facilitate a dissolution in the autumn. 
 Mr. Disraeli said, ' When I made the declaration I was 
 assured by those in whom I placed confidence that an 
 autumn Session might be obtained; and, of course, I 
 never contemplated one earlier than November.' He 
 again referred to ' difficulties,' and concluded, ' I must 
 repeat that no time has been lost, and that the Govern- 
 ment are giving the subject careful consideration.' 
 This reply appeared to Mr. Gladstone so unsatisfactory, 
 that he made an earnest appeal to the Minister to bring 
 the question to an early issue, and added the significant 
 and formidable words : — 
 
 I hope when we meet again he will be able to make a dis- 
 
ME. DlSKAELl's ADMINISTRATION, 1807. 93 
 
 tinct statement of his intentions, and if not, looking at all the 
 circumstances and the nature of the constitutional question, 
 and all the precedents bearing upon it, it will become a matter 
 — in default of just action, which I should much regret — for 
 independent members to consider whether they ought not to 
 take some steps to obtain the judgment of Parliament. 
 
 Public attention was also directed to the subject by 
 an article in the ' Times ' newspaper of June 4, entitled 
 ' The Prospects of a Dissolution,' in which the constitu- 
 tional power of the House of Commons to compel a re- 
 signation of the Ministry, or an appeal to the country, 
 was considered with reference to Parliamentary prece- 
 dents. In 1841, when the Government of Lord Mel- 
 bourne was defeated, the Ministers promised an early 
 dissolution and took the supplies for six months only 
 instead of the usual period. The grants being made for 
 only half the year, the autumnal Session became a mat- 
 ter of necessity, and the Ministry eiFectually put it out 
 of their own power to break their promise of an early 
 appeal to a new Parliament. It was contended that the 
 constitutional method of securing a second Session in 
 1868 was that suggested by the precedent of 1841. 
 
 On the evening of the same day (June 4) in which 
 this article appeared, Mr. Childers, who had pursued an 
 independent investigation of the subj ect, drew the atten- 
 tion of the House of Commons to the precedent of 1841 , 
 and asked the Chancellor of the Exchequer for how 
 many months of the cui'rent financial year he proposed 
 to take the votes. The Chancellor of the Exchequer 
 replied that ' as to the time until which it is necessary 
 that supply should be granted, that must depend upon 
 the time when the dissolution is possible, and at present 
 it is impossible to say what is the earliest period at 
 which Parliament can dissolve.' The same evening 
 Mr. Hardy moved for leave to bring in the Registra- 
 tion Bill, of which an account has already been given. 
 One of the principal objects of that Bill was to make 
 
94 wklG AND TORY ADMINISTRATIONS. 
 
 arrangements for an autumn Session. The House of 
 Commons had by this time displayed unmistakeably a 
 determination to keep the Cabinet to the promise of an 
 appeal to the country, and it must be added that some 
 at least of the Ministers were equally anxious to redeem 
 their pledge. On the 8th of June the Chancellor of 
 the Exchequer (Mr. Hunt) used the following remark- 
 able language : — 
 
 There is in the Government a longing and burning desire to 
 ask the verdict of a new Parliament and the country on their 
 conduct and policy. The position they have occupied has been 
 almost too much for human nature to bear, and everything that 
 can be done they will do to hasten a dissolution and the 
 assembling of a new Parliament. 
 
 This declaration, made with unmistakeable sincerity, 
 satisfied the House, and all objection to grant the 
 supplies thenceforward ceased. The position of the 
 Ministry had indeed by this time become one which 
 men, influenced by the sentiments of honour and self- 
 respect, could hardly endure. Nominally they were 
 at the head of public aflfairs, but in reality the chief 
 legislator of the country sat on the Opposition benches. 
 Mr. Gladstone passed his Resolutions on the Irish 
 Church, and then his Bill for suspending appointments 
 in that Church, despite the strenuous resistance of the 
 Ministry. His Bill for abolishing compulsory church 
 rates in England was accepted by them, because they 
 knew that resistance would be hopeless. The favourite 
 Conservative scheme of including suburban voters in 
 borough constituencies they had been compelled to aban- 
 don at the dictation of the Opposition. The situation of 
 the Cabinet was humiliating to themselves and injurious 
 to the national interests. It was a direct violation of 
 the fundamental principle of constitutional Government — 
 that the Minister of the Crown should possess the confi- 
 dence of the House of Commons. 
 
MR. DlSRAEI.l's ADMINISTRATION, 1867. 95 
 
 At the time when Mr. Disraeli announced the proffer 
 of his resignation, and that the alternative of an early 
 dissolution had been accepted, he added that having 
 disapproved of the first of Mr. Gladstone's Resolutions 
 respecting the Irish Church, he also disapproved of the 
 second and third ; but that he had ' no wish whatever to 
 enter into protracted debates and formal divisions on the 
 second and third Resolutions.'* 
 
 These Resolutions were as follows : — 
 
 2. That, subject to the foregoing considerations, it is expe- 
 dient to prevent the creation of new personal interests by the 
 exercise of any public patronage, and to confine the operations 
 of the Ecclesiastical Commissioners of Ireland to objects of 
 immediate necessity, or such as involve individual rights, pend- 
 ing the final decision of Parliament. 
 
 3. That an humble Address be presented to Her Majesty, 
 humbly to pray that, with a view to preventing by legislation 
 during the present Session the creation of new personal in- 
 terests through the exercise of any public patronage. Her 
 Majesty would be graciously pleased to place at the disposal 
 of ]?arliament her interest in the temporalities of the arch- 
 bishoprics, bishoprics, and other ecclesiastical dignities and 
 benefices in Ireland and the custody thereof, f 
 
 These Resolutions were adopted ( May 7 ) together with 
 a fourth Resolution, proposed by Mr. Whitbread and 
 slightly modified by the addition of a few words at the 
 end suggested by Mr. Gladstone: — 
 
 4. That when legislative effect shall have been given to the 
 first Resolution of this Committee respecting the Established 
 Church of Ireland, it is right and necessary that the grant to 
 Maynooth and the Eegium Donum be discontinued, due regard 
 being had to all personal interests. 
 
 To the Address mentioned in the third Resolution, 
 Her Majesty replied that — ' Relying on the wisdom of 
 my Parliament, I desire that my interest in the tempo- 
 ralities of the united Church of England and Ireland, 
 
 » Hansard, vol. 191, col. 1707 (May 4, 18G8). 
 t Hansard, vol. 191, col. 1919. 
 
96 WHIG AND TORY ADMINISTRATIONS. 
 
 in Ireland, may not stand in the way of the considera- 
 tion by Parliament of any measure relating thereto 
 which may be introduced in the present Session.' This 
 reply was communicated to the House of Commons on 
 May 12. The next day Mr. Gladstone introduced a 
 Bill to prevent for a limited time new appointments in 
 the Church of Ireland, and to restrain for the same 
 period, in certain respects, the proceedings of the Irish 
 Ecclesiastical Commissioners. The principal objects of 
 the measure were to suspend for a year appointments 
 to sees or livings which might become vacant, and to 
 make consequential temporary arrangements. Though 
 the Government had not actively opposed the second 
 and third Resolutions, this suspensor'y Bill was the sub- 
 ject of a renewed contest. When the second reading 
 was moved (May 22), Mr. Hardy proposed that the 
 Bill should be read a second time that day six months. 
 Another animated debate ensued. Mr. Disraeli thought 
 that — 
 
 The right hon. gentleman has embarked on a most dangerous 
 policy — that its consequences will be most serious, or may be 
 most serious, to the country — that it may dim the splendour of 
 the British Crown. 
 
 The House was not deterred by this appalling pros- 
 pect. The second reading of the Established Church 
 (Ireland) Bill was carried by a majority of 54, the 
 numbers being ayes, 312; noes, 258. 
 
 About this time the friends of the Irish Establish- 
 ment began to look to the House of Lords for comfort. 
 One of the arguments against passing the Bill in the 
 Lower House was, that it was sure to be rejected in the 
 Upper. The suggestion that the Commons should refrain 
 from the exercise of their independent powers in defer- 
 ence to a conjectured resolution of the House of Lords 
 had at least the merit of novelty. 
 
 The Irish Church Bill reached the House of Peers on 
 
MH. DISRAELI'S ADMINISTEATION, 1867. 97 
 
 June 18, when Lord Grey gave notice of a motion for 
 its rejection ; and a like notice was given by the Lord 
 Chancellor. On June 25 Earl Granville moved the 
 second reading. Earl Grey successfully moved the 
 postponement of it for six months. He said that he 
 did not think disestablishment and disendowment ' the 
 best mode of removing the grievance complained of; 
 but rather than that the present state of things should 
 remain, he should be prepared to vote for disestablish- 
 ment and disendowment.' 
 
 Lord Derby's principal argument against the Bill was 
 founded on respect for proprietary rights. 
 
 If they were prepared to disregard a prescription of 300 
 years, the gifts of bygone sovereigns to their Protestant sub- 
 jects, the donations of pious founders, and the protection of the 
 Protestant faith — if they were prepared to disconnect religion 
 from Grovernment, and were ready to declare that Ireland 
 should be the only State in which Government should not 
 interest itself in religion — if they were ready to do this at the 
 dictation of a would-be Minister, and at the dictation of a 
 dying House of Commons, then he had not a word to say 
 against the passage of this Bill. But he must enter his protest 
 ao-ainst the doctrine that Parliament is more entitled to deal 
 with the property of the Irish Church in the manner proposed 
 than with the property of any other Corporation, or any private 
 person. He utterly denied the moral competence of Parlia- 
 ment to take any such course. He had talked of a prescription 
 of 300 years, but that did injustice to his argument. The title 
 of the Church property dated from a period long anterior to the 
 Reformation. With the exception of the confiscation of the 
 monastic property at that time, there was only a transfer of 
 property from one Church to another ; there was no diversion 
 
 of it from ecclesiastical to secular uses It is said that 
 
 Parliament may take away what Parliament has given. But, 
 in the first place, he denied that because Parliament has given 
 an estate it can take it away ; and, in the second place, he 
 asserted that the Irish Church did not derive its property from 
 Parliament. 
 
 There are here two propositions to be considered — 
 firsts that Parliament is no more entitled to deal with 
 
 H 
 
98 WHIG AND TOEY ADMINISTRATIONS. 
 
 the property of the Irisli Church than with that of any- 
 other corporation or any private person ; secondly, that 
 the Irish Church did not derive its property from Par- 
 liament. 
 
 It will be convenient to examine first tlie statement 
 of a matter of history — that the Irish Church did not 
 derive its property from Parliament. The property of 
 the Irish Church may be divided broadly into two kinds 
 — lands and other gifts from individuals — tithes or 
 equivalent payments enforced by the civil power. With 
 respect to the gifts of individuals, it must be at once 
 admitted that they are not derived from Parliament. 
 But how does the case stand with respect to tithes ? 
 Let us look at one or two particulars of their history. 
 Contributions for the support of the clergy were origin- 
 ally voluntary. Blackstone tells us that compulsory 
 payment of tithes were established by ' parliamentary 
 conventions of estates ' in two kingdoms of the Hep- 
 tarchy. At first tithes were not allotted to particular 
 priests ; every man might pay his dues to what priest 
 he pleased, or into the hands of the diocesan, to be dis- 
 tributed among the clergy. The appropriation of these 
 payments to the parsons of the respective parishes 
 in England appears to have been settled about the 
 year 1200.* 
 
 The exaction of tithes in Ireland was nearly as an- 
 cient as in this country. At a council of the Irish 
 clergy at Cashel, in 1172, it was decreed 'that all the 
 faithful should pay tithes of their cattle, fruits, and all 
 other increase.'! 
 
 Tithes were originally paid for everything that yielded 
 an annual or recurring increase, as corn, hay, fruit, 
 poultry, and the like. In both countries these payments 
 have ceased to be made in kind. An Act of 1838, to 
 which reference has already been made, directs that all 
 
 ' 'Blackstone's Commentaries,' vol. 2, ch. 2. 
 
 t ' Burn's Ecclesiastical Law,' tit. Church in Ireland. 
 
ME. DISRAELI'S ADMINISTRATION, 1867. 99 
 
 tithes, or compositions for tithes, in Ireland, ' shall 
 wholly cease and determine,' and substitutes ' the pay- 
 ment of an annual sum or rent-charge, equal to three- 
 fourths of the annual amount of such tithe composi- 
 tion.' This sum is charged npon the land, and is pay- 
 able by the person having the first estate of inheritance 
 in such land.* 
 
 From these particulars it follows that tithe may be 
 correctly described as a tax of ten per cent, on particular 
 property, imposed first by the decrees of the clergy, after- 
 wards ratified and confirmed by the law of the land. The 
 impost was literally a property- tax of two shillings in 
 the pound, enforced by Parliament, and, before Parlia- 
 ments were constituted in their existing form, by their 
 equivalent — the supreme power in the State. It is diffi- 
 cult to see how an impost so established can have any 
 greater sanctity than any other property or income-tax. 
 It stands upon a footing altogether different from pri- 
 vate endowments. It was not spontaneously dedicated 
 by individual piety to the service of God. It was a 
 State exaction. 
 
 The other proposition for which Lord Derby con- 
 tends — and of course his speech is here selected 
 because it is typical — is that Parliament has no more 
 right to take away the property of the Irish Church 
 than to take that of any other corporation or any pri- 
 vate person. He denies the ' moral competence ' of 
 Parliament to do such an act. Others have called it 
 an act of ' spoliation,' or of ' confiscation,' or of ' robbing 
 God.' Let us consider for a moment what all this 
 means. It is impossible, strictly speaking, to inflict 
 injustice on a corporation. You may inflict injustice 
 on the members of it, but not on the institution or 
 mere creation of the law. That cannot suffer pain. 
 Therefore, when every vested or subsisting interest 
 
 * 1 ife 2 Vict. c. 109, s. 7. 
 
 B 2 
 
100 WHIG AND TORY ADMINISTRATIONS. 
 
 has been provided for, the diversion by the State of 
 corporate funds to a new purpose cannot be a dishonest 
 or immoral act. It may be unwise, but it cannot be 
 unjust, if we use words in their exact sense. To deprive 
 a school or hospital of the endowments of private bene- 
 factors is, in most cases, extremely impolitic, because 
 (beside various other reasons) the effect of super- 
 seding ancient charities is to deter people from making 
 similar bequests hereafter. But the question of expe- 
 diency and the question of justice are totally distinct. 
 If adequate compensation be made to all who have ac- 
 quired an actual interest in the school or hospital, there 
 is not, and cannot be, any confiscation. If the trans- 
 action involve a wrong, there must be somebody to 
 complain — somebody to suffer. If there is no person 
 in esse who can say he has been robbed, how is it pos- 
 sible to contend that a robbery has been committed ? 
 
 But it is said, not indeed by Lord Derby, but by some 
 of his followers, that there is a peculiar sanctityin tithes 
 or other propertj'^ dedicated to ecclesiastical purposes. 
 It may be answered, in the first place, that the assertion 
 is dogmatic. What authority is there for the propo- 
 sition that funds once given for religious objects may 
 not be withdrawn when the objects fail? Secondly, 
 as a matter of historical fact, tithes have not been given 
 exclusively for religious purposes. In, and previously 
 to, the time of Charlemagne they were subject to a well- 
 known division into four parts ; one to maintain the 
 edifice of the church, the second to support the poor, the 
 third the bishops, the fourth the parochial clergy.* In 
 
 • Blackstone, vol. 2, ch. 2. From Blackstone's words it might be inferred 
 that this arrangement was originated by Charlemagne. Selden, in hi.s 
 Historie of Tithes (chap. 6, sec. 7) is more precise, and considers the decrees 
 of Charlemagne the earliest of an imperial character which made the pay- 
 ment of tithes obligatory. There are much earlier ecclesiastical authorities 
 for a quadrupartite division of offerings to the Church. The earliest such 
 fiuthorities which the present writer has been able to discover are two 
 
un. Disraeli's administbation, 1867. 101 
 
 tliis quadrupartite appropriation, one-fourth part of the 
 tithe had no more of a religious character than modern 
 Poor Rates have. Tithes have in many instances, both 
 before and after the Reformation, become the property 
 of the Crown, and hence, as Blackstone observes, ' have 
 sprung all the lay appropriations or secular parsonages 
 which we now see in the kingdom; they having been 
 afterwards granted from time to time by the Crown.'* 
 Selden, in his Historie of Tithes, says 'Common Law (for 
 by that name, as common is distinguished from sacred, 
 are the ciuill or municipall laws of all nations stiled) 
 hath neuer given way herein to the Canons, but hath 
 allow'd customes, and made them subject to ciuill tithes, 
 infeodations, discharges, compositions, and. the like.' 
 In 1735 the Irish House of Commons abohshed tithe of 
 pasture, which in the then existing state of Ireland is 
 said to have exempted ninety-six out of every hundred 
 from contributing to the support of the Clergy. Another 
 example of the diversion of tithes from ecclesiastical 
 
 epistles of Pope Simplicius and Pope Gelasius, both of whom were Pontiffs 
 in the latter part of the fifth century, "about the time of the separation 
 of the Eastern and Western Churches. Gelasius says — 
 
 Reditus et oblationes fidelium in quatuor partes dividat ; quarum unam 
 sibi retineat ; alteram clericis pro officiorum suorum sedulitate distribuat ; 
 fabricis tertiam; quartam pauperibus et peregrinis habeat fldeliter erogaudam. 
 
 The epistle of Simplicius is almost exactly to the same effect. (Decretum 
 Gratiani, secunda pars, causa xii. qusest. ii. c. 26, 28.) 
 
 Tlie decree of Gelasius is cited in the Capitularies of Charlemagne — 
 capitulare secundum Anni dcccv. — 
 
 Ut decimje populi dividantur in quatuor partes ; id est una pars Episcopo, 
 alia clericis, tertia pauperibus, quarta Ecclesise in fabricis applicetur ; sicut 
 in decreto Gelasii Papie oontinetur. (Capitularia Regum Francorum, 
 Parisiis, mdolxxvii p. 428.) 
 
 A tripartite division of tithes was at an early period sanctioned in Eng- 
 land. Ecgberht, who was Archbishop of York from 735 to 766, says in his 
 Excerptiones with respect to tithes — 
 
 Ad ornamentum ecclesiee primam eligant partem; secundam autem ad 
 usum pauperum atque peregrinorum per eorum manus misericorditer cum 
 omni humilitate dispensent ; tertiam vero sibimet ipsis sacerdotes reservent. 
 (Antient Laws and Institutes of England, printed under the direction of th^ 
 Record Commission, page 326.) 
 
 * Commentaries, vol. 1, p. 386. 
 
102 WHIG AND TOEY ADMINISTRATIONS. 
 
 purposes was the Act of 1838, by which landowners 
 were allowed to pay, instead of the former composition, 
 a rent-charge of three-fourths the amount. The re- 
 maining fourth was given them, according to the statute 
 'as an allowance for the facility and security of collec- 
 tion,' or, as some say, as a pecuniary inducement to 
 withdraw their opposition to that measure. 
 
 With these precedents before us, it is very difficult to 
 contend that tithes have a peculiarly sacred character. 
 The whole question of maintaining them is one of 
 policj^, to be settled according to the circumstances 
 of the country with reference to which the question 
 arises. 
 
 Here, in England, we believe that the Church 
 confers national benefits — benefits in which the whole 
 communitj', directly or indirectly, participates. On no 
 other ground can any public impost be justified than 
 this, that the people who pay it share in the advantages 
 which it purchases. Every shilling of the public 
 revenue ought to be applied to purposes in which the 
 whole community is directly or indirectly interested. 
 In Ireland a large number of those who support the 
 Church derive no benefit from it. This objection is 
 sometimes answered, by saying that the rent-charge is 
 paid by the landlord, who is most frequently a Protes- 
 tant. But though the landlord pays the charge, the 
 source from which he pays it is the rent of his tenants. 
 The money must come out of their pockets, for where 
 else does it come from ? Their rents must in some 
 degree depend on the tithe-charge to which the land- 
 lord is liable, for the same reason that the retail price of 
 sugar depends in some degree on the duty for which 
 the importer is liable. 
 
 After three nights' debate the House of Lords (June 
 29) rejected the Established Church (Ireland) Bill by 
 the very large majority of 95 ; the numbers being for 
 
MR. Disraeli's administration, iser. 103 
 
 the second reading 97, against it 192. This division 
 does not, however, represent the balance of opinion 
 among their lordships upon the larger question of the 
 ultimate disestablishment of the Irish Church. Many 
 of the speakers — and therefore presumably of those 
 who voted without speaking — opposed the Suspensory 
 Bill, because they considered that it was premature, 
 and that an appeal to the country ought to precede 
 any Parliamentary action with reference to the Irish 
 Church. 
 
 The issue whether a State Church should continue 
 to exist in Ireland, was formally committed to the 
 judgment of the nation by the Royal Speech (July 31), 
 which concluded thus :- — 
 
 I trust that, under the blessing of Divine Providence, the 
 expression of their opinion on those great questions of public 
 policy which have occupied the attention of Parliament and 
 remain undecided, may tend to maintain unimpaired that civil 
 and religious freedom which has been secured to all my 
 subjects by the institutions and settlement of my realm. 
 
 Of course this sentence begs the question at issue. 
 It assumes that the ' institutions and settlement ' have 
 secured 'civil and religious freedom.' That is one 
 of the chief matters in controversy, but the Prime 
 Minister who penned this paragraph could not refrain 
 from a parting shot at his adversaries. 
 
104 WHIG AND TORY ADMINISTRATIONS. 
 
 CHAPTER VII. 
 
 FINANCIAL HISTORY FROM 1865. 
 
 The very word Finance appears repulsive to many 
 readers ; and the mere aspect of a collection of figures 
 is commonly regarded as a warning to turn over the 
 pages on which they occur. In this place, however, 
 there will not be any great array of figures ; all that will 
 be attempted is a very general account of the financial 
 condition of the country during the last three years, 
 and of the attempts which have been made to pro- 
 mote economy. 
 
 The Conservatives came into power in the summer 
 of 1865, on the resignation of Lord Russell. Conse- 
 quently, the Governments of Lord Derby, and his suc- 
 cessor, Mr. Disraeli, have been responsible for three 
 budgets— those produced in 1866, 1867, and 1868. 
 
 The Whigs, when they quitted office in 1865, un- 
 doubtedly left to their successors a progressively dimi- 
 nishing expenditure. A mere reference to the totals 
 for each year from 1860 establishes this point conclu- 
 sively. The actual expenditure for the twelve months 
 ending March 31, 1860, and the following years re- 
 spectively, was: — 
 
 Year ending March 31, 1860 £69,502,289 
 
 1861 £72,842,059 
 
 1862 £72,086,485 
 
 1863 £70,352,007 
 (including ;£1,060,000 raised by loan for fortifications). 
 
 1864 £67,856,286 2 
 (including ^£800,000 raised by loan for fortifications). 
 
 1865 £67,082,206 11 
 (including £620,000 raised by loan for fortifications). 
 
 1866 £66,474,356 13 
 (including :S560,000 raised by loan for fortifications). 
 
 
 
 
 
 10 
 
 
 
 3 
 
 5 
 
 19 
 
 2 
 
FINANCIAL HISTORY FROM 1865. 105 
 
 These are the figures of actual, not estimated, expen- 
 diture. They are taken from the proper authentic 
 source — the ' Annual Finance Accounts,' which are of- 
 ficial records of the payments of each year. 
 
 Mr. Gladstone was Chancellor of the Exchequer from 
 the commencement of Lord Palmerston's second Ad- 
 ministration in June 1859 until July 1866. The ex- 
 penditure of the year 1859'-60 was based on estimates 
 prepared under a Conservative Government. In 1861, 
 when the maximum was reached, four millions of the 
 vast sum were due to the Chinese war. From that time 
 until Mr. Gladstone left office the annual cost of Go- 
 vernment diminished every year. In five years the 
 annual charge was diminished by about six millions. 
 
 Let us now see Iww this great reduction was accom- 
 plished. Was it effected by what is termed a ' cheese- 
 paring economy ' — by cutting down the small stipends 
 of poor clerks already under-paid, and similar parsi- 
 mony? Of course, to answer this question exhaus- 
 tively, we should have to go through every item of the 
 accounts ; but it will be sufficient for the present pur- 
 pose to enumerate some of the largest sums which make 
 up the aggregate reductions in the several years. The 
 following table * shows several of them. The informa- 
 tion is obtained by a comparison of the estimates of 
 the several years, as they are the most convenient for 
 present purpose. The figures have, however, been gene- 
 rally checked by a reference to the ' finance accounts,' 
 which show actual expenditure ; and there is no material 
 difference. 
 
 * For the figures given in this table and the preceding, the author is 
 indebted to Mr. John Statham of the Exchequer and Audit department, 
 who has carefully extracted them from the documents cited. Mr. Statham's 
 long experience in the affairs of his department justifies entire reliance on 
 his accuracy. 
 
106 WHIG AND TORY ADMINISTRATIONS. 
 
 Tear Description of Grant reduced Amount of Reduction 
 
 1861 Civil Services, Class 7 . . . £345,492 
 
 1865i Army 185,795 
 
 „ Navy 806,625 
 
 „ Revenue Department . . . 153,868 
 
 1863 Navy 846,983 
 
 1864 Army 1,000,113 
 
 „ Navy 1,058,273 
 
 „ Civil 157,506 
 
 1866 Army 215,349 
 
 „ Navy 303,422 
 
 1866 Army 874,998 
 
 „ Navy . . ^. , . . 316,979 
 
 „ Revenue Department , . . 35,332 
 
 „ Civil , . . . . . 13,241 
 
 This table almost speaks for itself; it shows the general 
 direction of Mr, Gladstone's effoi^ts to reduce expendi- 
 ture. The first item, about £345,000, in Class 7 of 
 Civil Services is not a net reduction, but arises partly 
 from transfers of charges to other accounts. But a real 
 diminution was effected in this class which, perhaps, 
 offers the greatest facility for jobbery and waste. This 
 Class 7 consists of a large number of miscellaneous 
 items, most of them of the nature of eleemosynary 
 contributions to local institutions, or grants to private 
 persons. Probably many of the objects for which these 
 grants were made were highly meritorious, but they 
 were just those with respect to wliich a conscientious 
 Finance Minister would exercise the greatest vigilance. 
 
 But the great bulk of the reduction effected by Mr. 
 Gladstone during his tenure of office is in the cost of the 
 Army and Navy. ' In 1862 the grant for the two war 
 services is diminished by nearlj?^ a million ; in the next 
 year the naval estimates are reduced by 840,000^. ; next 
 year more than two millions are taken off from the cost 
 of the two services ; and finally, another half million 
 is subtracted in 1865, the last year of Mr. Gladstone's 
 management. The decrease between 1861 and 1866 in 
 the annual charge for the Army and Navy was upwards 
 of four millions two hundred thousand pounds. No 
 attempt will be made in this place to justify this pru- 
 
FINAKCIAL HISTOEY FROM 1865. 107 
 
 niiig of the charges of the Horse Guards and Admh'alty, 
 for, in a subsequent page, it will be contended that the 
 process ought to be carried much further. 
 
 In the five years in question the annual expenditure 
 was reduced by about six millions sterling. The change 
 was effected cautiously, and the most adverse critics 
 have not been able to indicate an instance of sacrifice of 
 efficiency to economy. 
 
 These reductions are not the most meritorious of 
 Mr. Gladstone's financial achievements. The chief ser- 
 vice which he has rendered to the country is by altering 
 the incidence of taxation — by shifting the burden where 
 it was most galling and oppressive — by reforms which 
 opened new markets, facilitated trade, and cheapened 
 commodities used by all classes of the community. 
 These labours constitute his highest claims to public 
 gratitude, though the others — the actual savings of ex- 
 penditure — must not be overlooked. 
 
 We have now to compare these results with the 
 financial statements of his siiccessors in office — Mr. 
 Disraeli and Mr. Ward Hunt. The actual expenditure 
 in the two years for which they are responsible was as 
 follows : — 
 
 Year ending March 31, 1867, £66,780,000 
 „ „ 1868, 69,242,000 
 
 That is to say, on March 31, 1868, Her Majesty's 
 Government had been twenty months in office, and in 
 that time had raised the expenditure of the country 
 from the sixty- six millions of 1866 to sixty-nine mil- 
 lions and a quarter. In the words of Mr. Gladstone in 
 the House of Commons, May 4, 1868, 'they had con- 
 trived to throw back the expenditure of the country 
 three years during a tenure of twenty months;'* that 
 
 * Hansard, vol. 191, col. 1751. 
 
108 WHIG AKD TOBY ADMINISTRATIONS. 
 
 is, had undone Mr. Gladstone's work for the three 
 years preceding. 
 
 This statement was made in the presence of the Con- 
 servative Chancellor of the Exchequer, and has never 
 been challenged. In fact, the figures speak for them- 
 selves. Mr, Ward Hunt does not dispute the increase 
 of three millions, but he argues that it was required 
 to secure the efficiency of the Army, Navy, and Civil 
 Service. 
 
 The total expenditure of 1867-8 was, in reality, 
 71,236,242/., but this includes an extraordinary item 
 of about two millions for the Abyssinian expedition.* 
 In fairness towards the Conservative Administration, 
 we must subtract these two millions, in order to arrive 
 at the ordinary expenses of the last financial year. 
 With this correction it appears that the sum spent in 
 that period, exclusive of the cost of the expedition, was 
 69,242,000/. 
 
 With reference to the future, the Chancellor of the 
 Exchequer, in his financial statement of April 23, 1868, 
 said that ' the total estimated expenditure of the year 
 is 70,428.000/.' f In order to provide for the increased 
 demands of the public purse, he recommended an ad- 
 dition of 2c/. in the pound to the Income Tax ; but as 
 only part of the revenue from this source could be col- 
 lected in the course of the twelve months, he proposed 
 to anticipate the produce of the impost by temporarily 
 borrowing a million sterling, to be paid off in the follow- 
 ing year. Here again there was a remai'kable contrast 
 with former budgets. For the first time in several years 
 the Finance Minister recurred to the delusive expedient 
 of a temporary loan. 
 
 Another subject of grave consideration with respect 
 to the Conservative budgets of 1867 and 1868 was that 
 
 * These figures are taken from Mr. Ward Hunt's financial statement, 
 April 23, 180^. t Hansard, vol. 191, p. 1167. 
 
FINANCIAL HISTORY FROM 1865. 109 
 
 both involved deficits. The amounts were not large, 
 but they exhibited a manifest departure from the whole- 
 some practice of preceding years, in which income had 
 uniformly and considerably exceeded expenditure. In 
 the preceding three years of Mr. Gladstone's manage- 
 ment, the excess had been, on the average, about two 
 millions and three quarters annually. 
 
 On subjects of this kind there are few persons who 
 can speak with higher authority than Mr. Childers. 
 His statements are made with an exactness and caution 
 which have won the confidence of the House of Com- 
 mons. On the present occasion he observed — 
 
 For the first time for many years there was a deficit last 
 year, which was succeeded by another and heavier deficit this 
 
 year The position of their finances therefore was that 
 
 out of the balances in the Exchequer they were to pay 650,OOOZ. 
 for Abyssinia, besides deficits on ordinary expenditure for the 
 last two years of 13,000/. and 140,000/. During each of the 
 three previous there had been a considerable surplus. 
 
 In the year 1864-5 the surplus was £3,851,000 
 1865-6 „ 1,897,000 
 
 1865-7 „ 2,654,000 
 
 These were the last three years of the Administration of 
 the late Government, and they gave an average surplus of 
 2,800,000/. a year. The two years of the Administration of 
 the present Government gave deficits of 13,300/. and 148,000/. 
 His right hon. friend the Member for South Lancashire had 
 pointed out that these deficits were due to the enormous in- 
 crease of the expenditure of the country.* 
 
 Mr. Gladstone, in commenting on this budget, com- 
 pared the optional expenditure of successive years — ■ 
 excluding the interest on the National Debt, which must 
 inevitably be paid. Obviously this is the correct method 
 of comparison. 
 
 I will not trouble the Committee with any question as to the 
 debt and permanent charge to the country, but will confine 
 myself to what may be called the variable or optional charges — 
 
 * Hansard, vol. 191, col. 118.3. 
 
110 WHIG AND TOBY ADMINISTIiATIONS. 
 
 namely, such as are voted in supply, and I take the original 
 estimates of the years 1866-7, 1867-8, and 1868-9. 
 
 The estimates of 1866-7 amounted to £38,165,000 
 1867-8 „ 39,733,000 
 
 1868-9 „ 41,863,000 
 
 Prima facie there is an increase of 3,700,000/., but the right 
 hon. gentleman has observed with perfect propriety that there 
 are deductions to be made from that increase, because some 
 considerable amounts now appear on both sides of the account 
 which formerly appeared on neither side. ... If the augmen- 
 tation is, as I should put it, 2,840,000/., or as the right hon. 
 gentlemen would put it, 2,700,000/. — for I will not quarrel 
 with him as to the difference — that is more than enough to 
 make good my allegation that it is the increase of the perma- 
 nent charge which requires us to make good this new demand 
 upon the country. And if that be so, I will not go further than 
 to say that it wiU be our duty very carefully to consider 
 whether this augmentation of permanent charge is really 
 necessary ; whether we can justify it in the face of the country ; 
 or whether it may not be our duty to make some efforts for 
 bringing the expenditure of the country — I mean the perma- 
 nent and ordinary expenditure — within more moderate bounds.* 
 
 There was one easy answer to such strictures — by 
 imputing personal motives. Mr. Gladstone's objects 
 were factious ; he complained of expenditure merely to 
 damage the Conservative Government. 
 
 But even if those were his motives, surely the state- 
 ments were definite and the figures worth considei'ation. 
 No — answered the Tory press — you may prove any- 
 thing by figures. 
 
 With reasoners whose minds are thus constituted it 
 is hopeless and useless to argue. Their suggestions 
 amount to this — that all criticisms on a budget are out 
 of place. If figures may be made to prove anything, 
 what is the use of having a budget at all? Why not 
 let the Administration spend the public money without 
 rendering any account? 
 
 Mr. Ward Hunt, the Chancellor of the Exchequer, 
 
 * Hansard, vol. 19], col. 1175. 
 
FINANCIAL HISTORY FROM 1865. Ill 
 
 has admitted the substantial accuracy of Mr. Gladstone's 
 criticism on the growth of the estimates. A letter ad- 
 dressed by him to a friend (August 24, 1868), and 
 published in the newspapers, contains an able defence 
 of his management. This letter is written in a fair and 
 candid spirit, and is valuable as a succinct and accurate 
 account of the financial history of the past year. He 
 commences as follows : — 
 
 I do not complain of the statement that the expenditure 
 voted by Parliament has risen 3,000,000/. since the change of 
 Government. Speaking in round numbers, that is sufficiently 
 accurate. The difference between the estimates presented to 
 Parliament by the late Government for 1866-7 and by the 
 present Government for 1868-9, after making all necessary 
 corrections for alterations in account and transfer of charges 
 from the Consolidated and other funds, amounts, I believe, 
 to 2,815,654/. 
 
 The letter proceeds to enumerate the principal items 
 to which this expenditure was due. The bulk of the 
 three millions is accounted for as foUbws : — 
 
 Excess of Army Estimates £1,360,000 
 „ Navy „ 584,914 
 
 „ Civil Service 570,000 
 
 The first item includes large sums for increased pay 
 of troops, for raising militia, converting small arms, and 
 heavy ordnance for forts. The second item includes 
 nearly half a million for increased shipbuilding. The 
 third includes large sums for constabulary in Ireland, 
 law expenses, and miscellaneous expenses. But by far 
 the greater part of the augmentation relates to military 
 and naval charges. The Chancellor of the Exchequer 
 says that many of the new expenses were required by the 
 state of the services. But the authorities which he cites 
 are not universally considered indisputable. He refers 
 to demands from the War Office and the Admiralty. 
 Those two departments are not usually credited with 
 
112' WHIG AND TOEY ADMINISTRATIONS. 
 
 much forbearance towards the public purse. The War 
 Office nominally controls the Horse Guards, but is 
 generally submissive to that department in matters of 
 expenditure. At the Horse Guards the idea of economy 
 is very unfashionable, and the interests of the ' service ' 
 are supreme. Mr. Hunt's apology for the 1,360,000^. 
 excess of army estimates is that the money was de- 
 manded by military authorities, and commissions in 
 which the military element strongly predominated. 
 There is no doubt that the demands were made. The 
 'service' would have done itself an unusual injustice if 
 it had not made them. In the augmented charge of 
 the Admiralty the only justification is a mere dictum 
 of Sir John Pakington, to the efi'ect that he found ' the 
 reserves by no means in a satisfactory condition.' This 
 is one of those vague general statements which it is very 
 easy to make and very diflicult to test. There are scep- 
 tical people who will doubt whether the ipse dixit 
 of Sir John Pakington is a sufficient warrant for an 
 additional outlay of half a million. He has always 
 shown himself favourable to large military and naval 
 expenditure; and was one of the most earnest suppoi-ters 
 of Lord Palmerston's policy of fortifying arsenals and 
 similar extravagancies. A few years ago almost any 
 expenditure upon warlike preparations was tolerated. 
 Frequent warnings of French invasions, regard for the 
 ' balance of power,' and anxiety about our just in- 
 fluence in the councils of Europe, warranted the at- 
 tacks made by the Admiralty and Horse Guards on the 
 public purse. But these appeals to our fears on the 
 one hand, and our pride on the other, are beginning 
 to lose their eff"ect. The Empei-or of the French has 
 postponed indefinitelj' his invasion, the balance of power 
 is left to maintain itself without our help, and we 
 have got rather indifi^erent to our just influence in the 
 councils of Europe. Somewhat late in the day we 
 
FINANCIAL HISTOEY FROM 1865. 113 
 
 have discovered that we have enough to do in manag- 
 ing our own affairs without attending to those of our 
 neighbours. 
 
 Statements respecting the necessity of increased mili- 
 tary and naval expenditure may be tested by reference 
 to the accounts of the Admiralty and the Horse Guards. 
 Of the military expenditure we know comparatively 
 little. The day has not yet come — though probably it 
 is not remote — when the accounts of the army which 
 with reference to its numbers is the most costly in the 
 world will be thoroughly examined. Respecting the 
 navy our knowledge is for several reasons more ample. 
 Resolute and judicious inquirers, such as Mr. Childers, 
 Mr. Seely, and Mr. Stansfeld, have done much to throw 
 light upon the internal economy of the dockyards, and 
 the services thus rendered form part of the financial 
 history of this country. 
 
 Mismanagement of the Admiralty is an ancient 
 grievance. Samuel Pepys, who was Secretary of the 
 Admiralty in the reign of Chai'les II., gives a very un- 
 favourable account of the condition of the Fleet in 1684. 
 He complains that several newly built ships had been 
 reported by the Navy Board itself to be in danger of 
 sinking at their moorings, and adds — 
 
 And this notwithstanding above six hundred thousand 
 pounds (not yet accounted for by the Navy Board) spent in 
 their building and furniture, with above threescore and ten 
 thousand pounds more demanded for completing them, amount- 
 ing together to 670,000/. ; and therein exceeding not only 
 the Navy officers' own estimates, and their master shipwrights' 
 demands, but even the charge which some of them appear'd to 
 have been actually built for, by above one hundred and seventy 
 thousand pounds ; and notwithstanding too the flowing in of 
 the monies provided for them by Parliament faster (for the 
 most part) than their occasions of employing it. 
 
 He proceeds to state that King James II. on his ac- 
 cession endeavoured to improve the condition of the 
 
 I 
 
114 WHIG AND TORY ABMINISTRATIONS. 
 
 Navy, ' but with such unsuccessfulnese (after a whole 
 year's proof of their performances), as upon a fresh 
 view of its state taken in January 168f, to discover 
 itself still declin'd to a yet more deplorable degree of 
 calamity.' He cites various specific instances of money 
 misapplied, and severely condemns the conduct of the 
 Navy officers, ' whose estimates of the very same date 
 were found sometimes to differ not less than double, 
 nay, even treble, in the charge of the repairs of the very 
 same ship.'* 
 
 One or two particulars will suffice to indicate the 
 direction which Admiralty reform has taken of late 
 years, and the occasions which required it. The enor- 
 mous magnitude of the subject is shown by a simple 
 comparison of the naval expenditure at the present time 
 and thirty-three years ago. 
 
 Total vote for all Naval pur- 
 poses in 1835 . . . £4,245,723 
 Vote in 1868-9 . . .11,177,290 
 
 But this statement does not represent the whole 
 growth of expenditure. The Post Office Packet Service 
 was formerly included in the naval vote, but is now 
 separate. Again, half a million probably should be 
 added to the naval expenditure for guns and ammuni- 
 tion supplied by the Ordnance department. For the 
 purposes of comparison, it will be nearly correct to say 
 that in the thirty-three years the cost of the navy and 
 naval forces has risen from four millions and a quarter 
 to twelve millions. 
 
 Doubtless a great part of this augmentation is due 
 to additions to our naval forces and armaments, but a 
 very large proportion of that expenditure is due to 
 the enormous increase of public dockyards. There are 
 seven of these establishments at home, and fifteen 
 
 * Memoires relating to the state of the Royal Navy of England for Ten 
 years determin'd December 1688, printed Anno mdcxc. 
 
FINANCIAL HISTORY FROM 1865. 115 
 
 stations abroad. In the yards of this country there 
 are some forty different manufactories in which nearly 
 everything used in a ship is made from the raw ma- 
 terial. Each dockyard maintains an army of skilled 
 and unskilled labourers, and there is obviously room 
 for an immense amount of waste and extravagance. 
 One of the great checks of such extravagance is to 
 compare items of expenditure at the public yards with 
 corresponding charges by private firms. But until very 
 recent times it was almost impossible to ascertain 
 accurately the cost of any particular ship built by 
 the Royal establishments. Mr. Stansfeld, when he 
 became a Lord of the Admiralty in 1863, effected 
 an important improvement in this respect. After a 
 laborious course of inquiries he induced the Admiralty 
 to authorise a fresh system of accounts, by Avhich the 
 cost of materials for individual ships was recorded. 
 ' The chief object sought to be obtained by these regu- 
 lations was the establishment of a basis of ship-building 
 on sectional arrangements, and the record of cost in 
 accordance therewith, so as to admit of comparison as 
 far as practicable between ship-building expenditure in 
 Her Majesty's dockyards and that incurred in private 
 trade.'* In the autumn of 1864 Mr. Childers, then 
 Civil Lord of the Admiralty, visited the dockyards with 
 the view of continuing the inquiries which Mr. Stans- 
 feld had commenced in the preceding autumn, and the 
 result of these investigations was a great reform and 
 simplification of accounts.f This useful work has been 
 
 * Navy Dockyard Accounts. Return No. 465 of 1865. 
 
 t Ibid. The magnitude of these changes can he represented in a very 
 simple manner. It appears hy the evidence of Mr. Fellows hefore the 
 Select Committee on Admiralty Moneys in 1868, that up to 1861 a ship 
 would be represented as costing 100,000/., which in 1861-4 would he re- 
 presented as costing 120,000/., and after 1864 140,000/.— Evidence, p. 307. 
 In other words, the real cost was formerly understated by at least 40 per cent. 
 
 It must always be borne in mind that, a first step in Admiralty reform is 
 to arrive at a true account of the cost of individual ships. Mr. Fellows has 
 
 1 2 
 
116 WHIG AND TORY ADMINISTRATIONS. 
 
 carried forward by the exertions of another labourer in 
 the same field, Mr. Seely, who has rendered valuable 
 public service by his elaborate investigations of Ad- 
 miralty management and strenuous efforts to pi'omote 
 economy in that department. In the course of the last 
 session a select committee of the House of Commons 
 was appointed to inquire into the application of the 
 money voted by Parliament for ships and the ad- 
 miralty accounts. The report of this committee, after 
 noticing the reforms effected between 1859 and 1865, 
 recommends further alterations which it is believed 
 will tend in a material degree to check extravagance. 
 It is suggested that for the future ' each dockyard 
 should, for the purposes of account, be treated as a sepa- 
 rate establishment ; ' and that each dockyard, and each 
 manufacturing establishment in it, shall be debited with 
 its own charges separately. The Committee sanctioned 
 a form of accounts proposed by the Chairman, Mr. 
 Seely, and that form has now been adopted.* In order 
 to appreciate the value of these alterations, it must be 
 explained that hitherto various expenses of the different 
 yards have been blended together, and consequently it 
 has been impossible to institute a strict comparison 
 between them and to determine which establishments 
 are the most economical. They escaped responsibility 
 by sharing it. 
 
 for several years devoted himself to an unofficial investigation of Navy 
 accounts, and his valuable labours have contributed greatly to elucidate 
 them. His evidence in this particular instance is fully confirmed by the 
 following extract from the evidence of the Comptroller and Accountant- 
 General of the Navy : — 
 
 ' 75. In that year, 1858-9, I see that you only included in the cost of 
 ships, vrages and materials in ships ? — Certainly. 
 
 ' 76. From the year 1858-9 to the year 18f3I-2, you do not even include 
 foreman's wages ? — They did not Include establishment charges. 
 
 ' 77. In the year 1861-2 I think you added items to the extent of about 
 20 per cent, on your previous charges for ships ? — Yes. 
 
 ' 78. And in the year 1864-5 you made another addition of 20 per cent, 
 or thereabouts ? — I dare say that is correct.' 
 
 * Report from the Select Committee on Admiralty Moneys and Accounts 
 No. 469 of 1868. 
 
FINANCIAL HISTORY TROM 1865. 117 
 
 But no mere improvements of sccounts will strike 
 the root of the evU. A thorough cure of it will never 
 be effected until the Establishments are reduced both in 
 number and extent. They are too large and too many. 
 They maintain hosts of supernumeraries and idlers. 
 Tliey are supported by strong local and pohtical in- 
 fluence, and the Government will be bold indeed which 
 confronts the powerful opposition which any attempt 
 to disestablish any of the dockyards will inevitably 
 provoke. 
 
 The genei"al principles on which the navy is managed 
 at the present time may be inferred from the language 
 of apologists for the existing system. Lord Henry 
 Lennox, Secretary to the Admiralty, is one of these. 
 In a di'aft report which he proposed to the Committee 
 just mentioned, he deals with a remarkable case in 
 which several selected firms were invited to send in 
 tenders for certain gunboats, and part of the work was 
 given to the firm which made the highest tender. The 
 explanation of Lord Heniy Lennox is a curiosity in its 
 way: — 'We believe that it is an unjust act in any 
 public department to accept to any great extent offers 
 which it knows must involve those who make them in 
 heavy pecuniary loss and thus drive the honest trader 
 out of the market.'* That is, the Admiralty was afraid 
 of getting the gunboats too cheap, and had more regard 
 for the interests of the contractors than they themselves 
 had. Yet these contractors might have been considered 
 able to take care of themselves. They were some of 
 the most eminent ship-building firms in the kingdom, 
 and had been selected by the Admiralty itself as com- 
 petent to execute the contract. 
 
 Here is another specimen of the reasoning of the most 
 chivalrous of Secretaries. It had been discovered that 
 several thousand tons of valuable ballast iron had been 
 
 * Report on Admiralty Moneys, xxy, 
 
118 WHIG AND TORY ADMINISTRATIONS. 
 
 actually employed instead of paving-stones in one of the 
 arsenals. Surely this was disgraceful extravagance and 
 waste of material ? Not at all, in the judgment of Lord 
 Henry Lennox. He wanted to report that ' though the 
 Committee do not recommend this use of the ballast 
 provided it can be profitably disposed of; it has in no 
 way deteriorated by being applied to this purpose, and 
 your Committee recommend its removal as soon as a 
 profitable sale can be effected.' * 
 
 But the disclosures before the Admiralty Moneys' 
 Committee sink into insignificance when compared with 
 the revelations of a certain Return entitled Navy (Ships 
 Sold) ordered on the motion of Mr. Seely, and presented 
 to Parliament in 1867.f It appears, from this paper, 
 the Conservative Government being urgently in want 
 of money directed, in January 1867, that a large number 
 of ships should be sold with all their stores — that the 
 ships were sold for half the price put upon them by 
 the government ofiicers, and despite their remonstrances 
 — and that the Naval Stores Act, which renders the 
 mere possession of such stores by private persons in the 
 manner proposed a criminal offence, was deliberately 
 violated. J 
 
 First as to the motive — this is stated with remarkable 
 candour in a document which probably was never in- 
 tended to meet the public eye. In a paper submitted 
 to the Admiralty by the Controller, Vice -Admiral 
 Robinson, he states plainly that one of the purposes is 
 ' to obtain by their sale a certain sum of money to be 
 
 * Report on Admiralty Moneys, xxiii. 
 
 t No. 660 of 1867. 
 
 % The Act 27 & 28 Vict. c. 91 was passed to prevent embezzlement of 
 Her Majesty's Naval and Victualling Stores. The mere unauthorised pos- 
 session of such property by a private person is a criminal offence. In the 
 contemplated transaction it would have been impossible for the Admiralty 
 to have given the purchaser any written authority identifying the stores sold 
 to him. 
 
FINANCIAL HISTORY FROM 1865. 119 
 
 paid into the Exchequer, which shall be a set-off against 
 an increase of Navy Estimates.'* That is, the public 
 property was to be sold at any sacrifice in order that 
 the Conservative Government might make their esti- 
 mates look as small as possible. 
 
 Fortunately, there are some public officers bold 
 enough to resist iniquitous schemes of this kind. The 
 Storekeeper-General, the Hon. Eobert Dundas, made 
 a report (February 8, 1867) on the Controller's project, 
 which contains the following passage : — 
 
 No amount of money approaching the real value of these 
 ships in relation to their cost, will be forthcoming under any 
 conditions of sale. 
 
 It will be hardly expedient to invalidate the Naval Store 
 Act on the uncertain speculation that better terms can be ob- 
 tained by the unreserved sale of the marked copper and mixed 
 metal on conditions, the efficiency of which must practically 
 depend upon the ships being broken up by the original pur- 
 chasers.f 
 
 He proceeds to observe, that the fact that ' the Ad- 
 miralty had unreservedly sold large stores would be 
 a permanent pretext in future against convictions under 
 the Naval Store Act for illegal possession.' Another 
 officer who was consulted, Mr. Komaine, makes the 
 same objection. He says (February 8, 1867) — 
 
 The very stringent powers given to the Department were 
 granted entirely on the understanding that the naval marked 
 stores were not sold ... I think further that all attempts to 
 obtain convictions of marine store dealers wiU in future fail, 
 and that all the steps which have been now for some years 
 taken to diminish the robberies of dockyard stores will prove 
 useless. J 
 
 Here were distinct warnings by experienced officers 
 that the transaction would involve a great pecuniary 
 loss, and would be in contravention of an Act of Parlia- 
 
 * Report on 'Navy (Ships Sold),' p. 11. 
 
 t Ibid. p. 13. X Ibid. p. 14. 
 
120 WHIG AND TORT ADMINISTRATIONS. 
 
 ment. These remonstrances were effectual ? Not a 
 whit. The Admiralty Board considered the objections 
 insignificant compared with the urgent demand of the 
 Tory Government for ready money. The Controller 
 replies : — 
 
 I am quite aware of what is said on the ultimate balance of 
 account that may be come to, between the Treasurer and 
 Storekeeper's vote if the copper is sold to him, but this 
 arrangement does not meet the urgent loant of a large ■pay- 
 ment into the Treasury during the ensuing financial year, and 
 the argument of the Storekeeper-General throughout is founded 
 on a complete disregard of this necessity ... I am not the 
 least deterred from believing in the soundness of the sugges- 
 tion I have made by Mr. Romaine's very forcible remarks on 
 the difficulties the Naval Store Act puts in the way of what I 
 called an unrestricted sale, but which does restrict in a great 
 measure the sale of old metal.* 
 
 The Board was resolute, and the contemplated sale 
 was effected, as their own officers predicted, at a great 
 loss. The Return of ships sold on this occasion shows 
 that the prices realised were, in many instances, less 
 than half the value estimated by the Dockyard officers.^ 
 
 * Report, ' Navy (Ships Sold),' p. 15. 
 
 t For instance, five ships at Sheemess — the 'Orion,' ' CoUingwood,' 
 'Leander,' 'Creasy,' and 'Chesapeake' — were sold to private firms for 
 34,773Z. : the Dockyard officers having reported the value for breaking up 
 to he sums vfhich in the aggregate amount to 70,915i. — Return, Navy Ships 
 Sold, pp. 6, 7. 
 
 In numerous instances mentioned in the Return of ' Navy Ships Sold,' the 
 Admiralty repurchased stores from the vessel for more than they had re- 
 ceived from the purchaser for the vessel and its contents ; that is, paid for 
 the part more than they had received for the whole. In such cases the 
 purchaser got not only the vessel gratis but a sum of money besides. The 
 foUovcing are selected merely as specimens of these grotesque transactions. 
 
 Sllips. 
 
 Gross amount of money 
 obtained for each 
 ship. 
 
 Amount paid to eact purchaser by the 
 Admiralty in repurchasing stores 
 returned bearing A 
 
 Cuckoo 
 Petrel 
 
 £600 
 630 
 
 £1063 16 8 
 1142 17 10 
 
FINANCIAL HISTORY FROM 186.5. 121 
 
 In apologising for these transactions, Lord Henry- 
 Lennox, the Secretary to the Admiralty, almost excels 
 himself. In his draft report, already mentioned, he 
 says : ' Respecting such sales as took place in England, 
 the discretion of the Admiralty appears to have been 
 seriously hampered by the Naval Stores Act. Your 
 Committee recommend for the consideration of the 
 Government whether a repeal of the Nav^ Store Act 
 might not be a benefit to the country, by enabling old 
 and obsolete ships to be disposed of by a sale out and 
 out, in the manner indicated by the Controller.' * 
 
 These statements do not include a half or a tithe of 
 the abuses discovered in the recent evidence before the 
 Committee on Admiralty Moneys. But enough, pro- 
 bably, has been stated to show that the existing system 
 of naval management cannot long endure. There are 
 sufiicient indications that the military administration is 
 at least equally extravagant. That of the Admiralty is 
 exposed to more obloquy, because, from a variety of 
 circumstances, its affairs have been more frequently 
 brought under public observation. But the Horse 
 Guards and War Office probably will not much longer 
 escape Parliamentary investigation and control. We 
 are approaching a period when the two great spending 
 departments, which superintend the Army and Navy, 
 will be subjected to extensive reforms involving a pro- 
 cess of reconstruction. This is not a mere party ques- 
 tion. Many statesmen who differ widely on other sub- 
 jects agree as to the necessity of reducing naval and 
 militaiy expenditure. But from politicians of the 
 school to which Lord Henry Lennox belongs, it is quite 
 clear that such improvements are not to be expected. 
 He, like his leader, is ready at all times, and all occasions, 
 
 * Report, Admiralty Moneys, p. xxiii. 
 
122 WHIG AND TORY ADMINISTBATIONS. 
 
 to demonstrate the perfection of Tory management. 
 It has been the policy of Mr. Disraeli to procure in- 
 fluence and support by profuse expenditure of public 
 money. In this, as in other respects, the political 
 gambler has played his game with skill and boldness ; 
 but he has lost it. 
 
 THE END. 
 
 LONDON; PRINTED BY 
 
 srOTTISWOODB A,ND CO., HBW-STEEET B^nARB 
 
 AND PABLIAMENI 8TBEET 
 
By the same Author, 
 
 i 
 
 In One thick Volume. 8to. Price £1. 4s. cloth, 
 THE 
 
 INSTITUTIONS OE THE ENGLISH 
 GOYEMMENT ; 
 
 BEING AS ACCOUNT OF THE CONSTITUTION, POWERS, AND 
 
 PROCEDURE OF ITS LEGISLATIVE, JUDICIAL, AND 
 
 ADMINISTRATIVE DEPAHTMENTS, 
 
 ■WITH 
 COPIOTJS EEFERBNCBS TO ANCIENT AND MODERN ArTHOEITIBS. 
 
 CONTENTS AND ARRANGEMENT OF THE WORK. 
 
 Book I. — Legislature. — Chapter I. Dmsions of Government. — II. The 
 Authority of Parliament. — III. The Origin of Parliament. — IV. The 
 Acts of Parliament. — ^V. Legislative Prerogatives of the Crown. — ^VI. The 
 Parliamentary Powers of the Crown. — ^VII. The Constitution of the House 
 of Lords. — ^VUI. The Constitution of the House of Commons. — IX. Pro- 
 cedure in Parliament. — X. The Privy Council and Cabinet Council. — 
 XL The Rights of Petition, Public Meetings and the Press. 
 
 Book II. — Judicature. — Chapter I. Divisions of the Judicature. — II. Origin of 
 the Courts of Law. — III. Judicial OfBces. — IV. Procedure in Courts of 
 Justice generally. — V. The Supreme Power of the Law. — VI. The Judica- 
 ture of Parliament and the Lords. — VII. The Judicature of the Privy 
 Council.— VIIL The Court of Chaucery.— IX. The Superior Courts of 
 Common Law. — ^X. Courts of Criminal Jurisdiction. — XI, Courts of 
 Special Civil Jurisdiction. 
 
 Book III. — Administrative Government. — Chapter I. Division of Adminstra- 
 tive Offices. _ II. Administrative Prerogatives of the Crown. — III. The 
 Title of the Crown. — IV. Origin and Distribution of Administrative 
 Offices. — ^V. The Privy Council and its Committees. — VI. The Secretarial 
 Departments.— Vn. The Fiscal Administrative Offices.— VIII. Military 
 and Naval Offices. — IX. Local Administrative Government. 
 
 General Index— Index of Statutes— Addenda et Corrigenda — Table of Authori- 
 ties cited — Analysis of the Work. 
 
OPINIONS OF THE PRESS. 
 
 * It is a clear, concise, well ordered and well executed exposition of the present state of 
 
 the British Commonwealth in nearly everything a model of good workmanship. 
 
 Mr. Cox's style is graceful and intelligible ; hia learning is great and varied, and his skill in 
 setting forth the materials which he has spent many years in collecting, aJways from original 
 authoritira, is highly to be praised.' Examiner. 
 
 * A better text-book on the English Constitution can hardly be looked for.' 
 
 Examinee (Second If otice). 
 ' The work before us is a bold and ambitious effort of a thoughtful and able man. There 
 are already numerous works which occupy more or less of the ground which Mr. Homersham 
 Cox has selected for his learned researches, but none of them of the same comprehensive and 
 scientific character as his book.' SouciTOES' JotrRNAL. 
 
 ' Such is the plan of Mr. Cox's work, which has been ably carried into execution by its 
 anthor. It is written in a clear style, contains a vast amoimt of constitutional knowledge, 
 and is calculated to give a good idea of the working of our political system ; while merely 
 party questions have been carefully eschewed.' Jurist, Sept. 3, 1864. 
 
 ' We have for the first time the anatomy and physiology of the body politic displayed by 
 an able demonstrator, and also for the first time, on a complete plan, exhaustive in its scope, 
 well divided and arranged, and for all but technical purposes suflHeiently minute in detail. 
 
 In no single book, and scarcely in any one private library, could we, however well 
 
 skilled in research, find all the information that is collected in this handsome volume of 750 
 pages.' Morning Herald. 
 
 * He has made a careful study of every direct or collateral source of information within 
 his reach, has drawn together a mass of valuable information, and has arranged it in a way 
 
 both scholarly and attractive Of the three sections into which Mr. Cox's book is 
 
 divided, that detailing the duties aud responsibilities of the legislature is perhaps the most 
 valuable for its summing-up of much reading among varied and contradictory authorities in 
 a little space ; while the account of the administrative government is specially noteworthy 
 for its information on subjects little understood and nowhere properly explained.' 
 
 Reader. 
 
 * One part of the matter, also, though not perhaps absolutely new, must have been 
 collected with much difficulty from the obscure receptacles in which alone it is to be found, 
 
 and it has certainly been set forth by Mr. Cox in a very judicious and forcible way 
 
 It is no less true than singular that till the present work was published no easily accessible 
 account of the Executive Government of England existed in our own language.' 
 
 Satdtidat Review. 
 
 ' Das dritte von der Administration handelnde Buch ist wohl der schatzenswertheste 
 Theil des ganzen, sehr umfassenden uud wohlgeordneten "Werkes, und enthalt eine Menge 
 wichtigster Daten aus Originalquellen. Wahrend der Inhalt des Werkes sich einer streng 
 hiatorischen Methode anschliesst, ist der Styl klar Und gefallig, ein Vorzug, der bei Schriften 
 dieser Art nicht gar zu haufig ist.' National Zeitctng. 
 
 * It contains the largest amount of information on the subjects of which it treats which is 
 anywhere to be obtxined within the same compass, and which in fact can only be found 
 elsewhere in a variety of works ; whilst with respect to the administrative institutions 
 which form the subject of one of the divisions of the treatise, the same information is not to 
 
 be found in any other book A most admirable compendium; accurate, full, clear, 
 
 and exceedingly well arranged.* Law Magazine. 
 
 * Im Jahre 1763 resolvirten namentlich beide Hiiuser, dnss das " privilege of parliament' 
 sich auf die Abfassung und Ver'dffentlichung von aufruhrerischen Schriften nicht beziehe. 
 Andere Privilegien werden von den beiden Hausern als Kiirpei-schaften in Anspruch genom- 
 men, namentlich Preiheit der Debatte von jeder Controlle durch die Krone (welche 
 Controlle, wie wir seiner Zeit nachgewiesen haben, ursprilnglich nicht darauf gerichtet war, 
 wie die einzelr.en Mii^lieder sich ausdrlickten, sondern mit welchen Gegenstanden sich das 
 Parlament befasste) und Strafgewalt liber die Mitglieder und iiber andere. Auf diese 
 letztere, die Jurisdiction liber Dritte und auf den Conflict mit der Jurisdiction der Gerichte 
 beziebt sich die anzufUbrende Stelle aus Homersham Cox, " The Institutions of the English 
 Government," London, 1863, einem Werke, das wir alien angelegentlich empfehlen, denen 
 es um eine rechtsverstUndige und ungefarbte Darstellung despen, was man englische 
 Verfassung nennt, zu thun ist.' Norddeutsciie Allgemeine Zeitung, April 22, 1866. 
 
 London: H. SWEET, 3 Chancery Lane, Fleet Street. 1863. 
 
By the same Author. 
 
 8vo. pp. 214, price 8s. M. cloth, 
 
 ANTIENT 
 
 PAELIAMENTAET ELECTIONS : 
 
 A HISTORY SHEWING HOW PARLIAMENTS WERE CON- 
 STITUTED AND REPRESENTATIVES OF THE 
 PEOPLE ELECTED IN ANTIENT TIMES. 
 
 Contents: — Chapter 1. The Eural Population of the Middle Ages. 2. Social 
 Order of the Middle Ages. 3. The Saxon County Court. 4. The County 
 Court after the Conquest. 5. The Origin of Parliaments. 6. The County 
 Suffrage after the Fourteenth Century. 7. Procedure at Elections. 8. 
 The Kepresentation of Boroughs. 9. The Borough Electors. 
 
 Appendix : — Particulars taken from Manuscript Cartularies in the Record 
 Office, showing the tenures and services of tenants of various manors in 
 the fourteenth and fifteenth centuries. 
 
 A few years ago the compilation of a satisfactory history of Antient Parlia- 
 mentary Elections would have been almost impracticable. Some of the most 
 important documents relating to the subject were but little known, and others 
 entirely unknown. For example, when the elaborate Report on the Dignity of 
 a Peer was published in 1820, the writers were not acquainted with the returns 
 for the very first regularly constituted and complete House of Commons ever 
 convened in this country — that which sat in the twenty-third year of the reign 
 of Edward I. Those returns have since been published in the magnificent 
 collection of Parliamentary Writs, edited by Sir Pbancis Paxgrave. The 
 publication of that, and of the other great works issued by the Record Com- 
 mission, marks a new era in the study of Constitutional History. But the very 
 magnitude and number of the volumes, and the obscurity of the language in 
 which they are written, render them inaccessible to all but the most diligent 
 and determined inquirers. In another branch of the subject discussed in the 
 present work — the Saxon polity — most important additions to our means of 
 knowledge have been made within the last few years. In order to investigate 
 accurately the original suffrage, either in counties or boroughs, a knowledge of 
 English political institutions before the Conquest is requisite. It was not 
 until 1 840 that the Antient Laws and Institutes of England during the Anglo- 
 Saxon period were made fully accessible by the publication of a collection of 
 those laws, edited by Mr, Thokpe, under the direction of the Commissioners of 
 
Antient Parliamentary Elections. 
 
 Eecorda. Another work, from which the Author has derived even more im- 
 portant assistance, is the Codex Diplomaticus Aevi Saxonici, edited by Mr. 
 Kemblb, which comprises upwards of fourteen hundred documents, many of 
 which are of the greatest value in ascertaining the nature of Saxon Government. 
 
 Besides these recent puhlications, others, long known to inquirers into the 
 antiquities of the English Constitution, have been consulted. The Hundred 
 Bolls of the reign of Edwaed I. and his predecessor have been published more 
 than half a century in two very large and closely-printed folio volumes ; but 
 the very obscure contracted Latin in which they are written, and the technical 
 expressions with which they abound, render them unintelligible to all but a 
 very few readers. Yet they are a vast mine of constitutional knowledge, and 
 in some respects more interesting than even the DormsdMy Booh itself. Copious 
 use has been made of these and other authorities. 
 
 In the study of the subject here discussed, a preparatory consideration of the 
 state of society to which our parliamentary institutions adapted themselves is 
 indispensable. In the first place, therefore, the social and legal status of the 
 various agricultural classes in the Middle Ages has been investigated. The 
 close connection of this subject with the county suffrage will be immediately 
 obvious. The third and fourth chapters treat of that much-controverted sub- 
 ject — the constitution of the antient County Courts. The condition of the 
 persons who frequented those assemblies has long been a vexed problem of 
 history ; and there is reason to believe that it is now for the first time solved — 
 principally by a most fatiguing and protracted exploration of the Hundred EoUs. 
 
 The fifth chapter relates to the origin of Parliament, and the development 
 of the representative system in the thirteenth and fourteenth centuries. In 
 this chapter are collected numerous authorities, which appear to answer in the 
 affirmative the much-controverted question whether viUans, the most numerous 
 class of county tenantry, were contributory to parliamentary taxes and the 
 wages of knights of the shire. In the next chapter the changes in the county 
 suffrage in the reigns of Heney IV". and Henry VI. are traced, and the Author 
 has endeavoured to show the real reasons for the violent innovations of the 
 latter reign, and the disastrous consequences which ensued. 
 
 The remaining chapters deal with the method of procedure at elections, and 
 the borough suffrage. The original suffrage of burgesses extended to all the 
 free inhabitant-householders in towns; and all boroughs, without exception, 
 were, at the original institution of the House of Commons, deemed entitled to 
 send representatives to that assembly. The counter-theory — that only towns 
 of royal demesne, and therefore under royal patronage, sent representatives — 
 was supported by Dr. Beady, and the Report on the Dignity of a Peer ; but, as 
 is here shown, the evidence of the returns to the first complete Parliament of 
 Edward I. and of other antient documents is fatal to this opinion. 
 
Antient Parliamentary Elections. 
 
 The whole book is a connected chain of arguments in support of these three 
 propositions : that, according to the original constitution of Parliament — 
 
 1. The whole body of free inhabitants of counties ^ including villans, had a 
 right to vote at elections of knights of the shire, 
 
 2. All cities aTid boroughs were entitled to send members to Parliam&nt. 
 
 3. All the householders of cities and boroughs had a right to vote at elections 
 of citizens and burgesses. 
 
 The subject has been regarded entirely in its historical aspects, apart from 
 all reference to existing controversies. The treatise, indeed, shows that the 
 social and political condition of the country at the period here under examina- 
 tion differed materially from that which at present prevails, and that there- 
 fore extreme caution is necessary in deducing from the antient history of 
 Parliament lessons of modern application. 
 
 From the * London Review ' (Jan. 18, 1868), 
 
 In tbis Tolume Mr. Homersham Cox has gone over the course which was partly traversed 
 by Hallam, in that learned and very unreadable portion of hia * Middle Ages ' which he de- 
 votes to the English Constitution. It differs, however, from the ' Middle Ages,* not only in 
 being infinitely more readable and interesting, but for that completeness which it derives 
 from the researches into the early history of the country, which have been actively pursued 
 for some years past, and without which, as Mr. Cox himself points out, a satisfactory com- 
 pilation of the history of ancient parliamentary elections would have been almost impracti- 
 cable. Mr. Cox devotes a good portion of his space to an examination, based upon early 
 records, of the condition of the rural population of this country during the Middle Ages. 
 He points out, and in this he somewhat closely follows Hallam, that serfdom in this country 
 was at no period nearly so extensive as the popular histories would lead us to infer, and that 
 the villeins, who held by copyhold tenure, comprised among them many who were undoubt- 
 edly freemen. 
 
 The author then enters with some minuteness into the constitution of the county courts, 
 both in the Saxon and Norman periods, and he gives some very interesting particulars which 
 show the important position which these courts then held. The comparatively well-known 
 dispute between Lanfranc, the A»ehbishop of Canterbury, and Odo, Bishop of Bayeux, con- 
 cerning certain lands belonging to the Archbishop, and which was determined by a kind of 
 county court assembled on Peaenden Heath (where, strange to say, the nomination of candi- 
 dates for the western division of Kent takes place at the present day), shows that even in the 
 time of the Conqueror the people of the county ^^embled in their court had power to decide 
 important questions of title to land. We extract from among the ancient documents quoted 
 by Mr. Cox one relating to a county court held in the reign of King Cnut, at Aylston, in 
 Herefordshire, which affords a valuable illustration of the constitution and working of these 
 tribunals : — 
 
 ' Here is made known in this writing that a shire moot sat at iEgelnorth's stone in the 
 days of King Cnut. There sat -asthelstan bishop and Ranig ealdorman, and Eadwine the 
 ealdorman's son and Leofwine Wulfige's son and Thurkil White ; and Tofig Prud came there 
 on the king's errand. And there were Bryning shire reeve and ^gelweard at Frome and 
 Leofrine at Frome and Godric at Stoke and all the thanes in Herefordshire. Then came 
 there to the moot Eadwine Eanwen's son and there raised a claim against bis own mother to 
 a portion of land namely at Wellington and Cradley. Then asked the bishop who would 
 answer for his mother ? Then answered Thurkil White and said that he would if the claim 
 were known to him. As the claim was not known to him three thanes were selected from 
 the moot [who should ride] to where she was, and that was at Fauley.' 
 
 After giving a curious account of the manner in which the land was adjudged to Leoflced, 
 the wife of Thurkil, the record concludes thus : — 
 
 ' Then Thurkil White stood up in the moot and prayed all the thanea to grant to his wife 
 the lands which her kinswoman had given her. And they did so. And Thurkill then rode 
 to Saint ^thelberhfs monastery with the leave and witness-of all the folk and caused it to 
 be set in a Christ's book.' 
 
Antient ParUameniary Elections. 
 
 Mr. Cox subsequently gives a singular instance of an appeal to the county court even from 
 the king himself, and as a matter of right, not of favour ; — 
 
 * A charter of the reign of -SJthelred, some time before 995, relates to a claim of land 
 brought in the first instance before that king on the application of one claimant Wynfloed, 
 and subsequently, at the instance of the other claimant, Leofwine, referring to the county 
 court. The king having heard Wynfloed, who produced her title, " sent forthwith by the 
 archbishop and by those who were there to witness with him to Leofwine, and made this 
 known to him. Then he would not [comply] unless it were carried to the shire-mote. And 
 they did so. Then the king sent by Abbot ^Ifere his brief to the mote at Cuckhamslow, 
 and greeted a)l the witan who were there assembled. That was ^thelsige bishop, and 
 iEscwig bishop, and ^Ifric abbot, and all the shire. And prayed and commanded that they 
 should reconcile Wynfloed and Leofwine as justly as might ever seem to them most just.'" 
 
 The Saxon tribunals would seem, from the following curious account of a purchase by the 
 Abbey of Ely, to have been largely used as a machinery for the transfer of land. The Abbey 
 had purchased land at Bluntesham from Wlnothus for thirty pounds : — 
 
 * Five pounds were paid to him at Ely, and " the xxv. pounds which remained were paid 
 to him before the King Edgar and his wise men ; which being done, Wlnobhus in their pre- 
 sence delivered Bluntesham to the bishop with a deed." But afterwards the title of Wlnothug 
 was disputed by one Boge, who asserted a prior title, alleging that the land liad descended to 
 hira from his grandmother. The narrative proceeds : " After these things there was assem- 
 bled the whole county of Huntingdon by Beoniotho the alderman and by Afwold and by 
 ^dric. Forthwith there was a very great assembly. Wlfiioth is summoned and brings with 
 him faithful men, namely all the better men (meliores) of vi Himdreds, and Lessius, now of 
 Ely, produced there the deed of Bluntesham, who being all gathered together they explained 
 the claim and ventilated (ventilaverunt) and discussed the cause ; and the truth of the 
 
 matter being known they by their judgment took the land from the sous of Began 
 
 Then Wluoth produced more than a thousand men, that by their oath he might assert his 
 title to that land ; but the sons of Bogan were unwilling to take the oath, and so all deter- 
 mined that Wlnoth should have Bluntesham, and faithfully promised to be his helpers in this 
 matter and to bear witness what they had done if ever at any other time he or any of his 
 heirs had need. And when all this was done Bishop OSdelwood gave to Wlnoth xl shillings 
 and an armlet worth iii marks because he had laboured much in this and was about to go 
 beyond the sea in the service of God." * 
 
 It is as the assemblies in which representatives were chosen to serve in Parliament that the 
 county courts have after all most interest for us, and to that branch of his subject and the 
 ancient suffrages in counties and boroughs and the changes wrought in them, Mr. Cox de- 
 votes the greater share of his attention. It is remarkable that as late as the reign of Philip 
 and Mary, Parliamentary candidates dissatisfied with the sherififs decision aa to a majority 
 by show of hands had no right to call for a poll. In 1554 an action was brought by Sir 
 Richard Buckley against Rice Thomas, the sherijEC of Anglesea, for refusing him a poll at the 
 county election in the first year of Queen Mary's reign, and the three judges before whom the 
 case came agreed that the right did not exist. In the reigp, of James I. a more enlightened 
 view of the subject was entertained, and it was decided that the sheriff was bound to take the 
 poll. An accoimt of the mode in which an election was conducted at York, a few years 
 afterwards, shows the means taken for polling the electors to have been by no means of the 
 most satisfactory description : — 
 
 * The sheriff was charged—!. That upon his view, without poll, he gave his judgment for 
 Sir Tho. Wentworth and Sir Tho. Fairfax, to be knights ; when Sir Jo. Savyle most voices ; 
 21y, That when the poll required, he said it was only of courtesy to grant it ; Sly, That he 
 began the poll, but having polled about thirty-five, brake it off . . . . That upon Tuesday last 
 he by his counsel alleged that the day of the election after eight of the clock he made procla- 
 mation and read the writ at the usual place. That the writ being read, he caused the gates • 
 to be shut ; he took a view of the freeholders, and returaing, said he thought Sir Tho. Went- 
 worth and Sir Tho. Fairfax were double the voices of Sir Jo. Savyle. That he chose to take 
 the poll at the postern gate, and having poUed about thirty-five, heard the fore gate was 
 broken open, and many freeholders gone out upon Sir John Savyle's persuasion that the poll 
 would last many days. That thereupon he brake off the poll.* 
 
 Although the reputation which Mr. Homersham Cox's previous work upon the English 
 Constitution has acquired is of itself suflQcient to secure for the book before us a large share 
 of public attention, there are in almost every page indications of a research and painstaking 
 labour which are alone sufficient to obtain for it the thorough appreciation of every one 
 interested in the subject. 
 
 London: LONGMANS and CO. 1868. 
 
By the same Author. 
 
 Pages 302. 8vo. Price 7s. 6d. cloth. 
 
 A HISTORY 
 
 OF THE 
 
 REFOEM BILLS OF 1866 AND 1867. 
 
 CONTENTS. 
 
 Chapter 
 
 I. — Beform Question since 1832. 
 II.— The Franchise Bill of 1866. 
 III.— The Redistribution of Seats Bill 1866. 
 IV.— The Eeforin Bills of 1866 in Committee. 
 v. — Accession of the Conservative Ministry in 1866. 
 VI. — The Government Reform Resolutions of 1867. 
 VII.— The First Project of a Reform Bill in 1867. 
 VIII.— The Reform Bills presented March 1867. 
 IX.— The Second Reading of the Reform Bill 1867. 
 X. — The Reform Bill of 1867 in Committee : Borough 
 
 Suffrage. 
 XI. — The Reform Bill of 1867 in Committee : Clauses relating 
 
 to Residence and Payment of Rates. 
 XII.— General Enfranchisement of Householders in Boroughs. 
 XIII.— The County Sui&age. 
 XIV.— The Distrihution of Seats. 
 
 XV. — Distinction of Borough and County Franchise : 
 Boundaries. 
 . XVI.— The Beform Bill of 1867 : The Third Reading in the 
 House of Commons. 
 XVII.— The Reform Bill of 1867 in the House of Lords. 
 XVIII.— The Lords' Amendments of the Reform BiU of 1867. 
 XIX.— The Final Stages of the Reform Bill of 1867. 
 
 Appendix.— Abstract of the Reform Act of 1867, showing the Additions 
 to, and material Variations from, the original Bill of 
 March 1867. 
 The original Reform Bill of 1867, sho-wing the Omitted and 
 Altered Clauses. 
 
 London: LONGMANS and CO. 1868. 
 K 
 
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INDEX. 
 
 AcTOH'a Modern Cookery 20 
 
 AicoOK's Residence iu Japan 16 
 
 AiMES on rormation of Christianity 15 
 
 Alpine Guide (The) 16 
 
 ALTENSiEBEif's Maximilian in Mexico 4 
 
 Apjohn's Manual of the Metalloids 9 
 
 Aenoid's Manual of English Literature . . 5 
 
 Aekoit'b Elements of Physics 8 
 
 Arundines Cami 18 
 
 Autumn Holidays of a Country Parson 6 
 
 Atee's Treasury of Bible Knowledge 14 
 
 Bacon's Essays by "Whately 5 
 
 ^— Life and Letters, by SPEDUiifO . . 3 
 
 Works 4 
 
 Bain on the Emotions and Will 7 
 
 :- on the Senses and Intellect . , 7 
 
 on the Study of Character 7 
 
 Ball's Guide to the Central Alps 10 
 
 Guide to the Western Alps IG 
 
 Guide to the Eastern Alps 16 
 
 Barnard's Drawing from Nature 12 
 
 Batldon's Rents and Tillages 13 
 
 Beaten Tracks 16 
 
 Beckee's Cfiaricles and Gall^s 17 
 
 Beethoven's Letters 4 
 
 Beneex's Sanskrit-English Dictionary 6 
 
 Beeet's Journals 3 
 
 Blace's Treatise on Brewing 20 
 
 Blacklet and Feiedlandee's German 
 
 and English Dictionai'y 6 
 
 Blaine's Rural Sports 19 
 
 -Veterinary Art 19 
 
 Bliget's Week at the Land's End 17 
 
 Booth's Epigrams 6 
 
 BoiTENE .on Screw Propeller 13 
 
 ■ — 's Catechism of the Steam Engine . . 13 
 
 Handbook of Steam Engine .... IS 
 
 Treatise on the Steam Engine.... IS 
 
 Bowblee's Eamily Shaesfeare 18 
 
 Beamlex-Mooee's Six Sisters of theValleys 17 
 Beawbe's Dictionary of Scienoe.Literature, 
 
 and Art 10 
 
 Beat's (C.) Education of the Feelings 7 
 
 : Philosfiphy of Necessity 7 
 
 :- On Force 7 
 
 Beinion on Food and Digestion 20 
 
 Beistcw's Glossary of Mineralogy 8 
 
 Beodie's Constitutional History 1 
 
 (SirC.B.) Works 11 
 
 Bbowne's Exposition 39 Articles 14 
 
 Buckle's History of CiviUsation 2 
 
 Bull's Hints to Mothers 20 
 
 — Maternal Management of Children . . 20 
 
 BuNSEN'B.Ancient Egypt 3 
 
 God in History 3 
 
 — Memoirs 3 
 
 BuNSEN (B. De) on Apocrypha 15 
 
 's Keys of St. Peter 15 
 
 Bueke'S Vicissitudes of Families 4 
 
 BrETON's Christian Church S 
 
 Cabinet Lawyer 20 
 
 Calyeet's Wife's Manual 15 
 
 Caies's Biographical Dictionary 3 
 
 Cat^ and Faelie's Moral Emblems 12 
 
 Chorale Book for England 11 
 
 Christian Schools and Scholars 6 
 
 Clough's Lives from Plutarch 2 
 
 COLEHSO (Bishop) on Pentateuch and Book 
 
 of Joshua 15 
 
 CoLLINs's Horse Trainer's Guide 19 
 
 Commonplace Philosopher in Town and 
 
 Country e 
 
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