Chapter L: {victoria. 1839—1840} (2)

On the 11th of February Lord Melbourne laid the report of Lord Durham, and other papers, on the table of the house of lords, expressing a hope at the same time, that before the Easter recess he should be enabled to introduce a measure for the purpose of putting a speedy end to the discontents in that part of the empire. This report had appeared in the columns of the _Times_ newspaper some days before it was presented to either house of parliament; in allusion to which unusual circumstance, Lord Durham said he deeply regretted the premature publication of it. His subsequent statement, however, proved that it could not have been a matter of surprise to his lordship. There had been, he said, an understanding with the ministry that the document should be printed before the meeting of parliament, in order to save time, and accordingly two thousand copies were prepared; and he had himself half a dozen for circulation among his private friends. It would appear from this report that the chief cause of all the troubles that had disturbed Lower Canada was to be found in the spirit of exasperation that had grown up between the two races by whom it was peopled. It was possible, it stated, that under a better system of management this temper would never have been called forth, and that the present disparity between the numbers of the two races would not have existed. During the eighty years that had elapsed since the conquest of Canada, the French inhabitants had increased from sixty thousand to four hundred and fifty thousand souls, while the English settlers amounted to no more than a fourth of the entire population, notwithstanding the great influx of emigrants which had taken place between the years 1829 and 1837. Another source of evil pointed out by Lord Durham in his report was the lack of education in the colonies. According to returns laid before parliament in 1835, there were in Lower Canada, besides several Roman Catholic colleges, and a number of private seminaries for the higher branches of education, two grammar-schools, one at Quebec and the other at Montreal, and in the three districts of Quebec, Montreal, and Three Rivers, thirty-seven free-schools, with nearly two thousand scholars. In addition to these there were established, under a provincial act of parliament, one thousand one hundred and seventy-one elementary schools, with thirty-seven thousand six hundred and fifty-eight scholars, distributed through the colonies, and placed under the superintendence of trustees annually elected by the inhabitants. The utility of these schools, however, may be estimated by this passage from Lord Durham’s report:—“It came to my knowledge that out of a great number of boys and girls assembled at the school-house door of St. Thomas, all but three were admitted upon inquiry to be unable to read; yet the children of this large parish attend school regularly, and make use of books. They hold the catechism-book in their hands as if they were reading, while they only repeat its contents, which they know by rote.” The only exception to this state of things made by Lord Durham was in favour of the Catholic clergy, who were represented by him as a respectable and well-conducted class of men, and well-disposed towards the government. The report further stated that there was no combination between the two races for public objects. All public meetings, no matter for what purpose they were called, were attended exclusively by one or the other of the races. They could not harmonize even in associations of charity; and the only public occasion on which they met was in the jury-box, and then they met only to obstruct justice. With such feelings existing in the colony, there could be no wonder that insurrections and tumults abounded.

No discussion arose on the presentation of Lord Durham’s report to the lords. On the 15th of February the Duke of Wellington moved an address to her majesty for copies of the correspondence of Sir F. Head with her majesty’s government on the affairs of Upper Canada; and also for copies of the correspondence of Sir J. Colborne and her majesty’s government relative to the establishment of rectories in Upper Canada. Viscount Melbourne said he was ready to produce such portions of the correspondence as appeared to be necessary for the defence of Sir F. Head, or which afforded general information; he further suggested that the motion should be for “copies or extracts” as to the correspondence of Sir J. Colborne relative to the establishment of rectories. The Duke of Wellington, in reply, intimated that, although he thought the whole correspondence ought to be produced, he would alter his motion according to the suggestion of the noble viscount. The Earl of Aberdeen said it was impossible for the house to legislate upon the affairs of Canada without being in possession of this correspondence; and the Earl of Wicklow contended that there should be superadded any report given by Lords Gosford or Aylnaer. On the 19th of February Lord Winchilsea further moved, that a humble address be presented to her majesty, praying that she would be graciously pleased to order to be laid upon the table of the house any correspondence that had passed between her Majesty’s government and Lord Durham, relative to the appointment of Mr. Turton as his lordship’s secretary. This was a topic which had excited severe animadversion in parliament, as well as on the part of the public press; but it does not appear that government had anything to do with it, or that there were any papers to be produced. In the desultory conversation which followed, indeed, Lord Durham took the whole responsibility of the appointment on himself, and insisted that he was justified in making that appointment. He had known Mr. Turton from his earliest infancy; and he knew also his high professional reputation. He had been employed as advocate-general in India, by Lords Combermere and Amherst, and had discharged his office so much to the satisfaction of the governor and council in India, that they voted him five thousand sicca rupees, and a vote of thanks for his conduct. It was not to be endured, therefore, that he was to be taunted for appointing to this trumpery office a man who had previously filled the highest judicial functions in India. Lord Durham concluded by threatening that if this matter were proceeded in further by parliament he would not rest until he had obtained an inquiry into the case of every public man who had received official employment after having been convicted of the same kind of immorality as Mr. Turton.

On the 3rd of May Lord Melbourne presented the following message from the queen to the imperial parliament:—“Her majesty thinks it proper to acquaint the house of lords, that it appears to her majesty that the future welfare of her majesty’s subjects in Upper and Lower Canada would be promoted by the union of the said provinces into one province for the purpose of legislating, from and after the period to be fixed by parliament. Her majesty therefore recommends it to the house, to consider such measures as may be submitted to them for that purpose. Her majesty is persuaded that the house of lords will be careful to combine a due regard for the peace and security of these important provinces with such provisions as may be conducive to the welfare of England, and the permanent freedom and prosperity of her majesty’s North American provinces.” The idea of uniting the two provinces originated in Lord Durham’s report, in which he gave several cogent reasons for such a measure. The subject was taken into consideration on the 3rd of June, when Lord John Russell said it became his duty to call upon the parliament to lay the foundation of a permanent settlement of the affairs of Canada. In his speech, his lordship recapitulated the various circumstances connected with the subject of Canadian affairs. With reference to the recommendation contained in her majesty’s message, Lord John said that the act of 1791 was founded on two principles: first, that by dividing the province into two the French population might remain in that portion called Lower Canada, whilst British emigrants would have free scope for their industry, and power to establish their own institutions and customs, in the other portion of the province, which was to be called Upper Canada. Another reason was, the French inhabitants being very loyal to the crown, of very simple habits, and possessing institutions to which they were attached, it was advisable that means for maintaining those institutions should be reserved to them. His lordship acknowledged that there might have been at the time reasons for introducing the constitutional act of 1791, but argued at great length that it was a mistaken act of policy. The grievances which had arisen out of it were manifold; and as a remedy for them he proposed the re-union of the two provinces. Other remedies had been suggested, but his lordship thought that they were not sufficient to meet the exigencies of the case. In support of his own proposition his lordship stated that there were many persons in Lower Canada anxious for such a union, and that the legislature of Upper Canada had decided in favour of the plan. The noble lord concluded by moving these resolutions:—I. “It is the opinion of the house that it is expedient to form a legislative union of the provinces of Upper and Lower Canada, on the principles of a free and representative government, in such a manner as may most conduce to the prosperity and contentment of the people of the united provinces. II. That it is expedient to continue until 1842 the powers vested in the governor and special council of Lower Canada, by an act of last session, with such alteration of those powers as may be deemed advisable.” Mr. Hume protested against this plan, and Mr. Goulburn moved the adjournment of the house. Sir Robert Peel expressed his surprise to find that it was not the intention of her majesty’s government to propose any legislative measure in the present session, having reference to Canada. His parliamentary experience was entirely against resolutions pledging the house to any particular course. The debate was adjourned to the following Monday, when Lord John Russell stated his intention of withdrawing his resolution, pledging the house to the abstract principle of a union of Upper and Lower Canada; giving as his reason for this change in the policy of government, the strong protest against such a measure on the part of the commons house of assembly of Upper Canada; a protest which was contained in a report drawn up by a select committee of that body and presented to her majesty. With reference to the second resolution, Lord John Russell proposed the continuation for three more years of the power now placed in the hands of the governor and special council of Lower Canada. On the resumption of the debate on the 13th of June, Lord John Russell moved for the withdrawal of the first resolution. He was still of opinion, he said, that at some future period such an union should be carried into effect, but in the meanwhile he thought it necessary that certain exciting topics should be disposed of by the legislature. Accordingly he proposed to introduce a measure for the continuance of the act of last session, for the suspension of the constitution until 1842, and at the same time amending that act in several particulars. The amendments proposed by his lordship were the alteration of the clause authorizing the governor to suspend the _habeas corpus_ act; the alteration of the clause known as Sir William Follett’s, limiting its operation to measures affecting the clergy, on the tenures of land; and the introduction of a new clause, giving power to impose rates and taxes not to be paid into the public treasury, but to be applied to such local purposes as watching and the roads. With regard to the bill for the union of the provinces, his lordship said, that he thought it might be necessary to change some of its provisions. The bill he would ask to introduce provided for the establishment of a central district at Montreal and its neighbourhood, where the meetings of the assembly should be held. The other parts of Upper and Lower Canada he proposed to divide into two districts. There would then be a central district, and four other districts. Each of these was to be subdivided into nine other districts, so that supposing each division to return two members, there would be ninety members for the electoral divisions. In addition to these, his lordship proposed that the four largest towns should return two members, making in the whole ninety-eight. After a brief discussion, leave was given to bring in the bill, and to amend the act of last session, appointing a provisional government.

It was not until the 4th of July that Lord John Russell moved the order of the day for the second reading of this bill. The discussion which followed was a mere repetition of former debates. The bill was then read a second time.

Lord John Russell moved the order of the day forgoing into a committee of the whole house on the 11th of July, when Sir William Molesworth moved a resolution, the object of which was to declare on the part of the house, that considerations of humanity, justice, and sound policy demanded that parliament should apply itself without delay to legislate for the permanent government of the Canadas.

The debate which followed threw no new light upon Canadian affairs, or the policy which ought to be pursued towards the people of the Canadian provinces. The discussions, however, demonstrated the incapacity of the government to deal with matters of such magnitude, and the desire of the opposition to sacrifice justice and expediency to party spirit. The house divided, and the original motion was carried by a majority of two hundred and twenty-three against twenty-eight.

In the committee Mr. Hume objected to the first clause, which appertained to the increased number of councillors, as only making an addition to despotism; but the clause was carried by a large majority. On the second clause being moved, Lord Stanley objected to it as enlarging the extraordinary powers already granted to the governor and council; but, after much discussion, it was carried by a majority of one hundred and seventy-six against one hundred and fifty-six. On the 4th clause being proposed, Sir Robert Peel moved an amendment to prevent any alteration in the law of tenures, which was agreed to; and the remaining clauses were then passed, and the report of the committee ordered to be received on the following Monday.

This bill was brought forward in the house of lords on the 20th of July, by the Marquis of Normanby, who, in introducing it, confined himself to its immediate subjects, and to an explanation of its intentions. The bill, as amended by the commons, was carried. Thus ended all attempts to legislate for the Canadas in the session of 1839: the great expectations formed at the commencement of the session on this important subject were doomed to be disappointed in the results. Conversations of a personal nature took place, but neither party approached the question as became the legislators of a great and mighty empire. Government, it is true, intimated that they had framed a plan for the union of the two provinces, but it was scarcely intimated before it was abandoned. Finally came forth the fragment of a measure which had not the confidence of either party, but which was nevertheless passed into a law.

THE SECOND JAMAICA BILL, ETC.

On the 30th of May Mr. Labouchere brought forward a second measure relative to the affairs of Jamaica. In the newly-proposed bill ministers had resolved to call together once more the colonial assembly, in order to allow them what had been termed a _locus penitentio_. This assembly represented the necessity of ameliorating the existing laws regarding vagrancy, the relation between master and servant, the state of the militia, and the electoral qualification. At the same time no fewer than seventeen annual acts of importance had been suffered by the assembly to expire, although in many cases the peace of the colony depended upon them. The first clause of the bill related to those matters which did not fall under the head of expired enactments, as vagrancy, contracts, and squatting. With reference to these questions, orders had already been transmitted to the crown colonies, and were now in successful operation. By the bill, therefore, the assembly of Jamaica would be referred to them, with injunctions to legislate in conformity with the spirit of those provisions; and should they fail to do so, it would be competent for the governor, with the aid of the council, after a certain interval, to make tire requisite laws, _mutatis mutandis_, upon the models which had before been indicated. The object of the second clause was to leave a certain time to the assembly for re-enacting the seventeen annual laws, and to invest the governor in council with authority to renew them, in the event of their failing to do so. A brief conversation took place, in which Sir Robert Peel declined offering any opinion on the merits of the bill in its present stage, and the house went into committee upon it. On the 10th of June Sir Edward Sugden proposed on this occasion to omit the first clause of the bill, after which he proceeded to dissect its provisions with considerable acuteness. Mr. Labouchere defended the measure, and Messrs. Gladstone and Goulburn objected to it. The latter said that tire present bill differed but little from the former, and, in his opinion, only differed for the worse, as it offered a premium to the council for disapproving of the acts of the assembly, in order that it might itself acquire the power of legislating in its place. On a division the clause was carried by a majority of two hundred and twenty-eight against one hundred and ninety-four: a result which was chiefly owing to the circumstance that the Conservatives were not prepared for so early a division, but which was nevertheless received with great cheering from the ministerial benches. The order of the day was moved for the third reading on the 19th of June, when Mr. Labouchere stated that the time left to the assembly for deliberation could be extended from the 1st to the 15th of October. The bill was then read without opposition; but Mr. Goulburn immediately rose to move the omission of the first clause, in which he was seconded by Mr. Hume. Lord John Russell urged that the rejection of that clause would prevent any useful legislation on the subjects embraced by its provisions, and that the constitutional difficulty rather rested on the second section. Sir Robert Peel contended that the government was about to give just grounds of complaint to the assembly. In reply, Mr. Labouchere admitted that the method in contemplation was not an agreeable mode of proceeding; but at the same time he argued that it was the best which, under the circumstances, could be adopted. On a division the clause was carried by a majority of two hundred and sixty-seven against two hundred and fifty-seven.

The second reading of the bill was moved in the house of lords on the 1st of July by the Marquis of Normanby, who made some stringent remarks on the conduct and constitution of the Jamaica assembly. On the following day, after the order of the day had been read for going into committee, Lord Lyndhurst moved the expunction of the first clause of the bill. The opposition charged the government with a desire to subvert the constitution of Jamaica, and to tyrannize over the colonists. Lord Brougham made the question an occasion to vent his personal spleen against the cabinet. The opinions expressed by his lordship were so utterly at variance with those which he had so often uttered when eloquently advocating the cause of the negro, as to betray his personal motives in his opposition to the bill, and to lessen public confidence in his justice and consistency. Lord Melbourne vehemently disclaimed, on the part of himself and colleagues, the least desire to abolish the Jamaican constitution, or to interfere with the rights of the people either in this country or in any of the colonies. What they had done had been done with deep regret and reluctance; and it was with the utmost unwillingness that they made both the previous and present propositions. On a division, the first clause was expunged by a majority of one hundred and forty-nine against eighty. Lord Brougham then moved an amendment to the second clause, limiting the power of the governor with regard to the renewal of money-bills; but was prevailed upon to postpone the discussion till Thursday, on which day, the other clauses having passed, it was agreed that the report should be brought up. When the order of the day for bringing up the report was read, his lordship moved as a proviso, “that nothing herein contained shall enable the said governor, with the assent of the said council, to continue or renew any acts for the raising or appropriating money.” This amendment was strongly opposed by Lord Melbourne and other members of the cabinet, and it was negatived without a division. The report was then received, and on the 5th of July the bill was read a third time and passed. On the 9th of the same month Lord John Russell recommended the house to acquiesce in the amendments of the lords, which was agreed to; and thus the bill finally assumed the very shape which Sir Robert Peel at first suggested should be adopted.

BILL FOR THE SUPPRESSION OF THE PORTUGUESE SLAVE-TRADE, ETC.

On the 8th of March Sir Robert Inglis took occasion to remind Lord Palmerston of the address which had been carried on the subject of the Portuguese slave-trade, and begged to be informed whether the government had succeeded in obtaining a treaty with Portugal, or were prepared to resort to the measures promised by the noble lord in the event of the failure of such negociations. In reply, Lord Palmerston stated, that after four years spent in negociation, a note, which had just been received from Lord Howard de Walden, assured him that there was no longer any hope of procuring the assent of the Portuguese cabinet to a treaty for the suppression of the traffic. It was, therefore, the intention of government to introduce a bill which should give to her majesty’s cruisers and commissioners the same right of search with regard to slave-trading vessels met with below the line, which they already possessed in the case of those which were found north of the equator. This bill was introduced on the 10th of July, and it passed through all its stages in silence until it arrived at the second reading in the house of lords. On that occasion Lord Minto said, that he deemed it necessary to state the present condition of the law relating to the slave-trade, and the existing treaties between Great Britain and Portugal. The most important of these treaties, his lordship said, was that of 1815, by which the slave-trade was declared illegal; and Portugal undertook to bring about its eventual abolition, consenting in the meantime not to suffer her flag to be employed in that traffic for any other purpose than to furnish slaves for her own transatlantic dominions. For this concession England had agreed to pay, and had paid, £600,000. In 1817, an additional convention was entered into, defining still more precisely the limits within which the slave-trade to the Brazils was to be exercised. By this treaty the Portuguese government undertook, within two months from the date on which it was signed, to pass a law declaring the commerce in question unlawful, and subjecting persons implicated therein to punishment. It was further stipulated that, within a specified period, Portugal should treat with this country for the final abolition of the slave-trade, and assimilate its legislation on the subject with that of Great Britain. His lordship went on to say, that when Portugal ceased to hold the Brazils, the slave-trade ought to have been abolished, as there were no longer any transatlantic possessions to which the terms of the treaty would apply. Yet, notwithstanding these engagements, the traffic had been carried on almost entirely under the flags of Portugal and Spain. With the latter country, however, we had concluded an efficient treaty, which gave us the power of seizing vessels equipped for the slave-trade, without waiting till they had taken on board their miserable cargo, which gave rise to hopes that this would have the effect of extinguishing the trade. It was desirable that we should obtain similar conditions from Portugal; and he was bound to say that the persons opposed to the abolition were not the Portuguese people, but certain influential parties who were interested in the maintenance of the contraband commerce, and continued to violate the treaty with the sanction of the Portuguese government. In conclusion, his lordship entreated the house to pass this bill, which had been introduced in redemption of the pledge given by government in the last session, and formed an indispensable preliminary to any undertaking upon a greater: scale. Through the influence of the Duke of Wellington the bill was rejected by a majority of thirty-eight against thirty-two.

On the 2nd of August Lord Brougham moved the following resolution on the same subject:—“That an humble address be presented to her majesty, praying her majesty, by all the means within her majesty’s power, to negociate with the governments of foreign nations, as well in America as in Europe, for their concurrence in effectually putting down the traffic in slaves; and also, that her majesty will be graciously pleased to give such orders to her majesty’s cruisers as may be most efficacious in stopping the said traffic, more especially that carried on under the Portuguese and Brazilian flags, or by the Brazilian and Portuguese ships, assuring her majesty that this house will cheerfully concur with the other house of parliament in whatever measure might be rendered necessary, if her majesty shall be graciously pleased to comply with this prayer.” Lord Brougham intimated that he moved this address under the apprehension that if it went out to Portugal that the bill recently rejected was done so by the unanimous opinion of the house of lords, their lordships might be represented as giving a sanction, which none of them had ever contemplated, to so odious a traffic. The motion for an address, after some observations from the Duke of Wellington, the Marquis of Lansdowne, and the Earl of Minto, was agreed to, and ordered to be communicated to the other house. On the 8th of August the Duke of Argyle, as lord-high-steward of the household, announced that her majesty had been waited on with the address, and returned the following gracious answer:—“I receive this address with great satisfaction. I will direct orders to be given to my cruisers in accordance with your wishes, fully relying upon your assurance that you will concur in the measures which will thus be rendered necessary.”

On the same evening, in the house of commons, Viscount Palmerston moved for leave to introduce another bill in the place of that which had been rejected. After stating the grounds of objection against the former bill, the noble lord proceeded to unfold the nature of the clauses in the new bill. Although, he said, the crown might undoubtedly, by its prerogatives, take measures which would effectually put down Portuguese slavers, there were still inconveniences which demanded a remedy. The officers, his lordship said, acting under its orders, would be exposed to harassing suits in the courts of law at London; and, although we might capture ships, and deal with them accordingly, it would not be proper of this country to dispose of vessels which were the _prima facie_ property of subjects of other states without having proved before some court of record the grounds of such proceedings. An act was therefore required to define what constituted a slave-trader. It was not considered necessary for the slaves to be on board: a ship equipped in a certain manner was a proof that she was engaged in the slave-trade; but the courts of admiralty could not condemn a ship on that ground without an act of parliament. It was further requisite, to enable the crown, by the same proceeding, to give to those who capture slave-vessels under this treaty bounties similar to those secured by conventions with other powers. These provisions, his lordship thought, would be sufficient to put down the commerce carried on by the Portuguese flag, and a great point would thereby be accomplished. After, indeed, that they had united all the flags in Christendom to put down this horrid traffic, the slavers might repudiate all flags, and divest themselves of every document which might enable th captor to identify them with any particular nation. That would be the last refuge of despairing crime; and in order to meet those circumstances, he would propose a clause by which such a ship should be dealt with as though it were an English trader, unless it appeared, in the course of the trial, that she belonged to some particular state, in which event the case should not be adjudicated by the court of admiralty, but dealt with as if at the outset she had been of the nation to which she was ultimately shown to belong. His lordship added, that when the nations of Europe were once united in giving a mutual right of search, or the power of condemning by a mixed commission, there would no longer remain any defence for carrying on the slave-trade under any European flag; and he reminded the house that he had already concluded treaties with Chili, Grenada, Venezuela, and that intelligence had recently arrived of a treaty made with Buenos Ayres. After a few words from Dr. Lushington, Sir E. Inglis, and Captain Pechell, leave was given to bring in the bill, and it was brought in and read a first time. The next evening it was read a second time, went through a committee, and passed the commons without a division.

The second reading of this new bill for the suppression of the slave-trade was moved by Lord Melbourne on the 15th of August. Previous to making this motion the noble viscount requested that the address of the house of lords on the slave-trade, together with her majesty’s gracious answer, should be read; and after explaining the provisions of the measure, he stated that, in compliance with the prayer contained in the address, her majesty had given directions to her cruisers to take the most efficacious measures for putting down the traffic, and that this bill was necessary in order to fulfil their lordships’ own intentions and wishes, as expressed in their petition to the crown. The Duke of Wellington still continued his opposition to this measure, and he moved as an amendment that it should be read that day six months. He was supported by Lord Ellenborough, who demanded that any orders which had been issued to her majesty’s cruisers should be laid before the house. The measure, however, was supported by the Bishop of London, the lord chancellor, the Earl of Minto, and Lords Brougham, Denman, and Colchester, and the second reading was eventually carried by a majority of thirty-nine against twenty-eight. On the next evening, when the bill was in committee, Lord Lyndhurst moved an amendment to the following clause;—“That in case her majesty should please to issue orders to her cruisers to capture Portuguese vessels engaged in the slave-trade, or vessels of any state whatever engaged in the slave-trade, not having on board, or the masters whereof should neglect to produce, on demand, papers showing of what state she belongs;” which amendment was to this effect:—“That in case her majesty should please to issue orders to her cruisers to capture Portuguese vessels engaged in the slave-trade, or any other vessels engaged in the slave-trade, and Hot justly entitled to claim the protection of any flag.” This amendment, which was intended to confine the operation of the bill to Portuguese vessels, and piratical vessels engaged in the slave-trade, after some remarks from Lord Brougham in opposition to it, was finally adopted, and on the 19th of August it was read a third time without discussion. After it had passed, the Duke of Wellington, who had put in a protest both against the second and third reading, stated, that he still retained all his objections to the principles of the bill; it still exhibited its criminal character, for it was a breach of the law of nations, a violation of international treaties, and would rather tend to encourage than to prevent the traffic against which its enactments were directed. On the motion of the chancellor of the exchequer the amendments were agreed to in the house of commons, and the measure became law.

MOTION FOR THE BALLOT.

Circumstances had revived the interest attending the question of voting by ballot, and thus encouraged, on the 18th of June Mr. Grote again brought the subject forward in the house of commons. The motion was seconded by Lord Worsley, and supported by Mr. Macauley; but was opposed by Lord John Russell, who, on this occasion, spoke with unusual energy. It was further opposed by-Lord Howick, Sirs J. Graham and Robert Peel, and Messrs. Gaskell and Milnes. On a division it was rejected by a majority of three hundred and thirty-five against two hundred and seventeen: one cabinet minister only voted with Mr. Grote; but others, who were in favour of it, absented themselves on the occasion.

ACT FOR THE BETTER ORDERING OF PRISONS.

During this session an act was passed for the “better ordering of prisons.” By this act it was provided that prisoners might be separately confined, though that separate confinement should not be deemed solitary confinement. No cell was to be used for the separate confinement of any prisoner which was not of such a size, and lighted, warmed, and ventilated in such a manner as might be required by a due regard to health, and which did not furnish the means of enabling the prisoner to communicate at any time with an officer of the prison. Every prisoner so confined was to have the means of taking air and exercise at such times as should be deemed necessary by the surgeon, and was to be furnished with the means of moral and religious instruction, and with suitable books, as well as with labour or employment. All prisoners were to be divided into the following classes: namely, debtors in those prisons in which debtors might be lawfully confined; prisoners committed for trial; prisoners convicted and sentenced to hard labour; prisoners convicted and not sentenced to hard labour; and prisoners not included in either of the foregoing classes.

MOTION FOR A COMMITTEE OF THE WHOLE HOUSE TO CONSIDER THE NATIONAL PETITION.

On the 12th of July Mr. Attwood moved for a committee of the whole house, to take into consideration a “National Petition,” which had been presented on the 14th of June. In making this motion, Mr. Attwood stated this petition was signed by 1,200,000 persons of the working classes. In it the petitioners urged five demands: namely, universal suffrage, vote by ballot, annual parliaments, remuneration of members for their attendance in parliament, and the abolition of the property qualifications. This proposal gave rise to a considerable discussion; but it was rejected by a majority of two hundred and thirty-five against one hundred and eighty-nine.

BIRMINGHAM RIOTS, ETC.

The defeat of Mr. Attwood’s motion was contemporaneous with alarming riots at Birmingham. These riots arose out of the proceedings of the Chartists. That dangerous body of men had recently resorted to many methods, in order to impose upon the majority of the people that they were the strongest party in the country, and that they could carry their plans into effect without resistance. One mode of proceeding was to go round from house to house with two books, and to say that those persons who subscribed should be registered in one book, while those who did not subscribe were entered in another. Those who put down their names paid a small contribution, and received in return a ticket, which was to be their security in a time of danger: non-subscribers were warned that a time would come when their refusal would be remembered. Another practice of these rash demagogues was to go in procession to the churches some time before divine service commenced, and to take possession of the body of the edifice; some smoking their pipes, and others wearing their hats. These Chartist combinations were very prevalent throughout the country, and in the early part of this year, these combinations in the different cities of the United Kingdom proceeded to the election of deputies, in order to form a national convention, which was to have moveable sittings, and to be entrusted with the ultimate direction of their proceedings. Out of this arrangement arose the “National Petition,” mentioned in the previous article, and which was presented by Mr. Attwood on the 14th of June. Having discharged this duty imposed on them, the deputies proceeded to hold a national convention in the city of Birmingham. By this step great activity was contributed to the motions of the Chartists. It was their practice to assemble in great numbers every evening, on the open place called the Bullring. They met as usual on the 5th of July; but by this time the borough magistrates had communicated with the home-office, and it was resolved to send down sixty policemen from the metropolis to disperse them. The railway train delivered them at Birmingham that evening, and they proceeded to the scene of confusion, and directed the people to disperse. This injunction, however, was unheeded, and then the police filed off four abreast, and made for the monument of Lord Nelson, which stood in the centre of the Bullring, and which was decorated with the flags of the convention. The flags were captured by them; but the mob, when they saw them in the hands of the police, recovered them by force, broke the poles up into short sticks, and after a fierce struggle overpowered their antagonists: several of the policemen were seriously hurt, and more than one of them stabbed. At that juncture the 4th dragoons arrived on the spot; riding by concert up every avenue which led to the place, the Bullring was completely enclosed. Their appearance was the signal for the people to disperse, and the routed mob proceeded, with the cavalry in close pursuit, down Digbeth and up Broomsgrove-street, to St. Thomas’s church. Hero they tore up the palisades, and made a brief stand; but the tumult was eventually reduced: by midnight quiet was restored, and the military, planting a guard in the great square, returned to their barracks. In this encounter several Chartist leaders were captured; as Dr. Taylor, the Paisley delegate to the convention, and Messrs. Lovett and Collins. There was still, however, an under-current of agitation: in fact, the late event was but the precursor to a more furious storm. While it was taking place, Mr. Attwood brought forward his motion for taking the National Petition into consideration. The rejection of’ his motion irritated the already inflamed minds of the Chartists. It was generally expected that Mr. Attwood would on the 15th of July address them on his old ground at Holloway-head. Under this apprehension the spot was occupied during the day by small groups of artisans, who amounted at half-past six to about two hundred. Several speakers addressed them; but when it was found that Mr. Attwood would not come, an orator recommended them to form into line, and parade through the principal streets. He recommended that they should walk orderly; but instead of that they proceeded tumultuously to the Bullring. No police were on the spot; and thus favoured, the mob, having been reinforced from all quarters, proceeded down Moor-street to the public office. All the windows of this building were broken by them; and, under the impression that neither the police nor the military were able to withstand them, the tumultuous concourse poured back into the square. Weapons were now sought: broken flagstones, heavy bludgeons, and scythes were brought into use, while some loosened the pavement for the purpose of arming empty hands with missiles. The work of demolition soon commenced: the houses of Mr. Bourne, a grocer, and Mr. Leggett, an upholsterer, were plundered and set on fire. A simultaneous attack was next made upon the Nelson hotel; and by casting the lighted brands into other shops, which had been forcibly driven in, the mob were on the point of kindling a general conflagration. At this point, however, the police made their appearance; and at ten o’clock they were followed by some magistrates and the military. The first onset was followed by complete discomfiture: before the troops came up the ringleaders escaped, and by midnight quiet again reigned. The morning, however, showed a dismal scene of devastation: besides the premises which were consumed by fire, nearly twenty shops were destroyed; and it was reckoned that £40,000 would not cover the damages.

In consequence of these lamentable occurrences, and the excited state of the northern districts of the kingdom, on the 22nd of July, Lord John Russell announced his intention of taking the requisite precautions for securing the tranquillity of the country, by placing at the hands of the magistrates a better organized constitutional force for putting the law into execution, and providing sufficient military means for supporting them in the performance of their duty. On the next evening he moved a resolution to authorize the treasury to advance £10.000 out of the consolidated fund, for the purpose of establishing an efficient police force at Birmingham, which was to be repaid out of the rates to be levied on the said town. In explanation of this resolution, his lordship stated, that there were difficulties in the way of an immediate organization of such a force on account of the excited state of Birmingham, and from the question lately raised in Manchester, with regard to the corporation, whether the municipal body of Birmingham had the power to impose a rate for the establishment of a police. Under these circumstances he proposed that the state should interfere so far as to advance certain funds, to be repaid by the town. This would not be a vote of supply, but a vote forming the foundation of a bill which should provide for the recovery of the money by a rate on the borough, to be imposed by an act of parliament, and, therefore, irrespective of the authority of the corporation. This resolution was carried, and a bill was brought in, which became law. Similar bills, with the exception of the advance of funds from the treasury, were subsequently applied to Manchester and Bolton, to remain in force until the power of the civil functionaries to raise a rate should be determined. A bill was also passed, with the same intention, to enlarge the powers of the justices of the peace for appointing county and district constables, and charging their support upon the districts to which they might be nominated. This measure, however, was not intended to be imperative; but justices in quarter-sessions were authorized to report to the secretary of state the necessity of an additional appointment of constables, wherever the circumstances of their district should call for such an augmentation, in a proportion not exceeding one for every one thousand of the population. At the same time magistrates were to create one or more chief-constables of the county, with whom should rest the nomination of petty-constables and a deputy. A further enactment forbade any constable under the provisions of this hill from voting at an election, or exercising any other employment. In order further to secure the peace of the country, Lord John Russell subsequently moved that an addition of five thousand men should be made to the present military establishment; and after an amendment by Mr. Hume, which was unsuccessful, the house went into committee, and a vote of £75,000 was carried for the increase of the army.

THE BUDGET—PROPOSED REDUCTION OF POSTAGE DUTIES, ETC.

The chancellor of the exchequer brought forward his financial statement on the 5th of July. From his statement it appeared that the expenditure had exceeded the estimates; chiefly in consequence of the war in Canada. The estimates were £46,974,000, and the expenditure £47,760,000, so that there was a deficiency of £786,636. Mr. Rice, however, stated that he did not think himself justified in laying a permanent charge on that account upon the country, and he proposed to meet the deficiency by a vote of exchequer-bills on a subsequent occasion, in the nature of a vote of credit. The chancellor of the exchequer next stated the estimated income and expenditure of the present year; the former being £48,128,000, and the latter £47,988,000, leaving an excess of £140,000.

In his statements the chancellor of the exchequer took a cheerful view of the commercial prospects of the country; and he referred to the increase of exports for the present year over those of 1838 as a symptom of returning prosperity. So confident was he of a return of prosperity, that he proposed to reduce the rates of postage. At this time there was a committee sitting on the post-office acts; and Mr. Rice moved this resolution:—“That it is expedient to reduce the postage charged on letters to the uniform rate of one penny, for every letter of a weight to be hereafter fixed by law; parliamentary privileges of franking being abolished, and official franking strictly regulated. This house pledges itself at the same time to make good any deficiency of revenue which may be occasioned by such an alteration in the rates of the existing duties.” In moving this resolution the chancellor of the exchequer said that he proposed a penny rate, because he had been convinced by the arguments and evidence of the committee that the latter expedient would involve less loss to the revenue than a twopenny postage, which had been recommended by the committee. After some observations from Mr. Goulburn and Sir Kobert Peel, both of whom intimated further hostility to such a change, the resolution was agreed to without a division. On the 12th of July, when the order of the day was read for receiving the report of a committee on the postage-acts, Mr. Goulburn rose for the purpose of proposing a series of resolutions to be substituted for the report. These resolutions were:—“That with a deficiency of revenue during the three years ending on the 5th day of April, 1840, of not less than £8,860,987, it is not expedient to adopt any measure for reducing the rates of postage on inland letters to an uniform rate of one penny, thereby incurring the risk of a great present loss to the revenue, at a period of the session so advanced, that it is scarcely possible to give to the details of such a measure, and to the important financial considerations connected with it, that deliberate attention which they ought to receive from parliament.” This amendment was opposed by the chancellor of the exchequer, and supported by Sir Kobert Peel. After a few words from Messrs. P. Thomson and Warburton in favour of the proposition, the original question was carried by a majority of two hundred and fifteen against one hundred and thirteen. The report was then brought up and read; and on the question that the resolution agreed to by the committee be read a second time, Sir R. Peel moved an amendment to omit such part of the resolution as pledged the house to supply any deficiency of the revenue occasioned by the reduction. This amendment, however, was rejected, and the report agreed to; and on the 18th of July Mr. S. Rice brought in a bill, intituled, “An act for the further regulation of the duties on postage until the 5th day of October, 1840.” This bill was read a second time without a division, and by the 29th of July it passed the commons.

The second reading was moved by Lord Melbourne in the house of lords on the 5th of August; on which occasion the Duke of Wellington criticised the manner and circumstances under which it had been brought forward in the face of a deficiency of more than one million, which, considering the state of our affairs both at home and abroad, was likely to be greatly augmented by the 5th day of October, 1840. At the same time the noble duke said that he would vote for the bill, and would recommend their lordships to follow his example. Several other noble lords addressed the house, chiefly in favour of the measure; and the bill was then read a second time, and subsequently became law without further opposition.

In his remarks on the postage-bill the Duke of Wellington recommended ministers to reduce the amount of the floating debt, under the pressure of which the market had been labouring, by funding exchequer-bills. Apparently acting upon this suggestion, on the 12th of August Viscount Melbourne and the chancellor of the exchequer made public their determination, subject to the approval of parliament, to effect the funding of four millions of exchequer-bills in the three per cent, consolidated annuities. This arrangement was effected on the 17th.

PROROGATION OF PARLIAMENT.

In the house of lords the labours of the session were brought to a close by a long and animated discussion on a motion made on the 24th of August, by Lord Lyndhurst, for “a return of all bills that had arrived from the house of commons since the commencement of the session, with the dates at which they were brought up.” In his speech, the noble lord directed the attention of the house to the fate of four important subjects—the Irish municipal corporations, the affairs of Canada, the recommendations of the ecclesiastical commissioners, and tire administration of justice; after which he went on to pass under a searching review, the whole parliamentary conduct of ministers in the course of the expiring session. Lord Melbourne replied in an effective speech. Lord Brougham contended that the country would be glad to see the Conservatives return to office.

Parliament was prorogued by her majesty in person on the 27th of August. After being addressed by the speaker on the various measures which had occupied the attention of parliament, and after having given the royal assent to several bills, her majesty read the speech, which the lord-chancellor put into her hands, in her usual distinct and impressive manner. The speech referred to the various topics which had engaged the attention of parliament, and the differences which had lately sprung up between the British government and that of Persia.

AFFAIRS IN THE EAST INDIES.