Chapter XL: {george IV. 1830—1831} (3)

The only other measure affecting the constitution of the legislative body during this session was proposed by Mr. Grant, who moved for leave to bring in a bill to repeal the civil disabilities affecting British born subjects professing the Jewish religion. In support of this motion Mr. Grant narrated to the house the treatment which the Jews had received from the conquest down to the last century, when the act for naturalizing foreign Jews was repealed within a few months after it was passed, in consequence of the commotions excited by the measure. From that time, he said, nothing had been done respecting: the Jews; they had derived no benefit from the growing liberality of legislation; and were alone still placed beyond the pale of the constitution. They were excluded from practising law and physic, from holding any corporate office; and from being members of parliament. They might even be prevented from voting for members of parliament, if the oath were tendered to them. They were, also, subject to local grievances; for in the metropolis, at least, they could not obtain the freedom of any of the companies, nor exercise any retail trade. And yet they formed a community of peaceable and industrious persons. They were less stained with political offences than any other body of men; and by their wealth they added to the opulence of the country; and all they asked in return was to be admitted to the benefits of the constitution. The house had nothing to do but follow the example presented by the Catholic bill of last year. The introduction of the bill was opposed by Sir Robert Inglis and the chancellor of the exchequer, as inconsistent with what had been the constant practice of the legislature; namely, to protect Christianity under some of its forms in all their enactments. The proposition could only stand upon the principle that no regard should be paid to a man’s religion. It would therefore apply to Turks and Mohammedans as well as to Jews; and it would only teach the people that parliament held Christianity a matter of indifference, though Christianity was bound up as part and parcel of the constitution. As for the Catholic relief bill, that was no precedent; there was a broad distinction between admitting to power in a Christian state, those who were sworn enemies to Christianity, and those who were Christians of different denominations. Jews were aliens in the popular and substantial sense; they had another country and an interest not merely distinct from, but hostile to that of the country which they might happen to inhabit. The solicitor-general said, that, according to the law of England, the Jews had no rights; for when they came back to this country at the Restoration, after being driven out, no law had passed giving them the rights of citizenship. But how did they stand at present? Their religion was protected; their children legitimate; and they had power to purchase land, and to transmit it to posterity. No man could doubt that Christianity was a part of the law of England; and this was to be borne in mind in legislating for those who were not Christians. The question is, “Will you put an end to all religious distinctions?” There could never be a thorough community between Christians and Jews; there was a marked line of distinction between them; a complete individuality in the Jewish character. The bill was supported by Sir James Mackintosh, Dr. Lushington, and Messrs. Macauley and Smith, on the ground that it was persecution to look at a man’s religion when speaking of his fitness for civil rights; and that from the introduction of Jews, no danger was to be dreaded either to the constitution or to Christianity. To refuse the bill, it was said, after admitting Catholics, would be an absurd and inexplicable contradiction. On a division the motion for introducing the bill was carried by a majority of one hundred and fifteen against ninety-seven. Before the second reading came on several petitions were presented in favour of the bill, from London, Leeds, Liverpool, and other places, as well as from private individuals. On the second reading the usual topics in favour of it were enforced by Sir Robert Wilson, Lord John Russell, and Messrs. O’Connell, Brougham, and Huskisson. Sir Robert Peel—for the honourable secretary had now become a baronet by the death of his father—said that he would not go so far as to say that this bill would unchristianize the legislature; but its principle was clearly this, that every form and ceremony whatever, which gave an assurance of adherence to Christianity, should be abolished; and all who supported the bill must maintain that every man, whether a sectarian or infidel, would have a right to the same concession, though he could give no affirmation which would afford a security to the state. General Gascoyne moved as an amendment that the bill should be read a second time that day six months, and on a division this was carried by a majority of two hundred and twenty-eight against one hundred and sixty-five, and the bill was lost.

BILL FOR CAPITAL PUNISHMENT IN CASES OF FORGERY.

On the 1st of April Mr. Peel brought in a bill to alter the law in cases of forgery. The principal object of this bill was to abrogate partially the capital punishment which had so long been affixed to almost every branch of this offence. Thus he proposed to remit the capital punishment in all those cases where serious doubts attended its infliction, and where the complainants by due caution could have saved themselves—such as forging receipts for money, orders for the delivery of goods, forging stamps, uttering forged stamps, attempting to defraud by issuing forged orders for goods, the fabrication of the material of Bank of England paper, and forging deeds and bonds. Capital punishment was still retained in all forgeries of the great seal, privy seal, and sign-manual; in forgeries of wills, on the public funds, on bank or money notes, or orders for the payment of money; and, in a word, of all documents which represent money, and are negotiable and transferable for it. This bill did not meet with the views of a strong party in the house, who thought that the punishment of death should not be inflicted in any cases of forgery, nor extended to any offence short of murder. On the third reading of the bill, Sir James Mackintosh moved a clause repealing the punishment of death in all cases of forgery, except that of the forgery of wills. It also provided that any person against whom a conviction of forgery should pass should lie in prison, either with or without hard labour, at home for the space of fourteen years, or if sent abroad to a penal colony, should be transported for any term not exceeding that number of years. He further proposed to give, not only the power of inflicting either of these punishments, but also that of accumulating both whenever the circumstances of the case should be so atrocious as to deserve the greatest severity. He proposed, likewise, to vest a power in the crown, authorising it to treat all persons convicted of forgery in such a manner as would mark forgery as an offence of a blacker dye than any other which was not directed against life. Finally, to meet the objection that the importance of employing persons of education in the public service in new and remote colonies would lead, first to the pardon, and then to the employment in public situations of such persons convicted of forgery, he proposed to take away all power of remitting or relaxing the punishment of forgery, except by a representation to the king of the grounds on which it was proposed to remit it, and by a remission of it by the king at home. This clause was carried, and Mr. Peel thereupon relinquished all charge of the bill, hinting at the same time that the house would probably regret the decision to which it had come. On its introduction in the lords, therefore, the lord chancellor declared himself against so sweeping a repeal of the capital punishment, and moved that the bill should be restored to the state in which it had originally been introduced into the house of commons. His views were supported by Lords Tenterden, Wynford, and Eldon. The amendment of the lord chancellor was carried by a large majority; and although when the bill was returned to the commons those who supported Sir James Mackintosh’s amendment complained that the lords had improperly treated them, the lord chancellor’s amendment was finally agreed to, and the bill passed.

BILL FOR AMENDING THE LAW OF LIBEL.

In a previous article certain state prosecutions for libel have been noticed. These prosecutions, and the conduct of the attorney-general in promoting them, were brought before the house of commons by Sir Charles Wetherell, on a motion for copies of the proceedings on the three _ex officio_ informations against the proprietor of a London newspaper. As the motion was merely for the production of papers, and the attorney-general was willing that the papers should be produced, there was no debate, but the general impression of the house seemed to be that the prosecutions were harsh and vindictive, and that Sir James Scarlett, notwithstanding his Whig education and opposition life, was inclined to be a very dictatorial attorney-general. Sir James attempted to recover the favour of the house by a bill to mitigate in some respects the laws of libel as they existed in what were called the Six Acts. By one of these acts it was provided that a second conviction for a seditious or blasphemous libel might be punished with transportation; and another set forth that every person who should publish a newspaper, or certain other publications, should first enter into a recognizance of three hundred pounds, with two sufficient securities, in the metropolis, or of two hundred pounds, if in the country. The object of this clause was to guard against the circulation of blasphemous and seditious libels, and to ensure a forthcoming fund, out of which their authors should pay the awarded penalty. By the bill now introduced the punishment for the second offence was to be repealed, and the securities demanded raised from three to four hundred pounds in London, and from two to three hundred pounds in the country. To the first of these propositions there was no objection; but a strenuous opposition was made to the second, to adopt which, it was said, would be imposing new shackles on the press. When the bill was in committee the clause was rejected on a motion by Lord Morpeth; but on the third reading, the attorney-general having collected a more numerous attendance of ministerial members, moved and carried its restoration.

ALTERATIONS IN COURTS OF JUSTICE.

Committees of the house of commons, and the law-commissioners appointed by the crown, had recently found much to blame in the arrangements for the distribution of justice in Wales. In consequence of this an act was passed during the present session abolishing the separate system of Welsh judicature, and annexing the jurisdiction of the Welsh judges to that of the judges of England. By the same bill the number of puisne judges was increased from twelve to fifteen—a new one being added to each of the courts of king’s bench, common pleas, and exchequer. In Scotland, on the other hand, while courts were abolished, the number of judges in the remaining court was diminished by the subtraction of two from its fifteen lords ordinary, or working judges, on whose ability to get through the work depends whether the eight other judges, who sit four and four in two courts of review, shall have judgments brought before them.

ILLNESS OF HIS MAJESTY.

During the sitting of parliament, business was interrupted by the illness of the king. His majesty’s health had, indeed, for a considerable time been in a precarious state, but the first bulletin was not issued till the 15th of April, when it was announced that he was labouring under a bilious attack, accompanied by an embarrassment of breathing. The disorder was subsequently ascertained to have been ossification of the vessels of the heart. The symptoms continued to vary, the patient enjoying temporary intervals of comparative ease; but they did not give way, and they brought with them such an accession of bodily debility as rendered painful even the slightest exertion.

BILL TO AUTHORISE THE ADHIBITING OF THE SIGN-MANUAL BY STAMP.

In consequence of the illness of his majesty, on the 24th of May a message was sent down to both houses of parliament, stating that his majesty found it inconvenient and painful to sign with his own hand those public documents which required the sign-manual, and requesting the parliament to provide means for the temporary discharge of that function of the crown without detriment to the public service. A bill, therefore, was immediately passed, allowing the sign-manual to be adhibited by a stamp. Before the stamp could be affixed, a memorandum, describing its nature and its objects, signed by three privy-councillors, was to be endorsed upon the document. The stamp was then to be affixed in the presence of his majesty, by some person whom his majesty should command to do so by word of mouth. The presence of certain high officers of state was likewise required to attest what had been done; and the party affixing the stamp was to adjoin to the royal signature the words, “In his majesty’s presence, and by his majesty’s command,” and subscribe the same with his own name. The bill was limited in its duration to the present session.

DEATH OF THE KING, AND ACCESSION OF THE DUKE OF CLARENCE, WILLIAM IV.

About the end of May a favourable turn of the disorder of his majesty gave rise to a hope of his recovery. This feeling, however, was soon dispersed, for the chest became affected, the lungs completely decayed, blood was mingled with the expectoration, and general debility rapidly ensued. His end was evidently near; and a short time before it took place his physicians intimated to his majesty that all further endeavours to avert the stroke of death would be unavailing. He calmly answered, “God’s will be done,” and subsequently received the sacrament from the hands of the Bishop of Chichester. Soon after his voice became faint and low, and for several days his words were scarcely articulated; his sleep also was broken and disturbed. At length, on the night of the 25th of June, the angel of death once more approached the palace of the kings of England. He had slept little during the evening, and from eleven to three was in a restless slumber, opening his eyes occasionally when the cough caused great pain. At three o’clock his majesty beckoned to the page in waiting to alter his position, and the couch, constructed for the purpose, was gently raised, and the sufferer lifted to his chair. At that moment, however, a blood-vessel burst, and his attendants hastened to apply the usual stimulants, and to call in the physicians. The royal patient himself perceived that his dissolution was at hand, and exclaimed, “O God, I am dying!” then in a few seconds he added, in a whisper scarcely audible, “This is death!” and when the physicians entered the apartment George IV. had ceased to breathe.

The decease of the monarch had become so much an object of daily expectation, and for years he had lived so much retired from his people, that his death excited less sensation than commonly follows that of English monarchs. Moreover, George IV. was not one of the most popular monarchs in English history.

As soon as the decease of his majesty was known, his next brother, William Henry, Duke of Clarence, was proclaimed by the title of William IV. The new monarch in a short time rendered himself very popular by the plainness of his habits and manners, and by the condescension, or rather the familiarity of his intercourse with his people—qualities which rendered him more popular by a comparison with the secluded life of his predecessors. No immediate change took place in the government, for his majesty, after the usual oaths for the security of the church of Scotland, having signed the instruments requisite at the commencement of a new reign, re-appointed the judges and other great officers of the state to the places which had become vacant, and signified to the members of government that he desired to retain their services.

CONTINUATION

OF

THE HISTORY OF ENGLAND,

By E. H. Nolan