Imagens da página
PDF
ePub

admitted that he had argued his case with | ment than the court upon conviction would

the most consummate ability. First he maintained, with much legal erudition, that a justice of the peace had never held the power now claimed for him. Then he showed the dangerous tendency of such a power, even if it should legally exist, in cases of alleged libel.

[ocr errors]

adjudge) upon a charge which, after all, may turn out to have had no foundation but in the false interpretation of words perfectly innocent by the justice before whom the charge was brought? I cannot, my lords-I will not-believe that you can sanction the exercise of such a power. "In all the varieties of writings," he That it is not law I think I have already said, “which might constitute that offence, shown. But if it is law your duty calls what is more difficult to be decided than upon you to lose no time in altering it. the question of their guilt or innocence? With respect to offences over which this What more exposed to the influence of authority is acknowledged, it is ordinarily undue motives in its decision? It has a simple and intelligible fact of which the been formerly stated by some of the most magistrate has to judge. . . But upon eminent persons in the profession of the libel, where the whole guilt or innocence of law-nay, by almost all of them-to be the offence must depend upon the intenso nice and difficult a question that it tion, and must be inferred from the concould not be left safely even to a special struction and the inuendoes, often difficult jury, that they were only to find the for the most impartial and unbiassed perfact of publication, and that the crimin- son to decide, where the prejudices, interality of the writing as a question of law ests, or passions of the justice before whom was exclusively for the decision of the the charge is brought are so likely to incourt. This, my lords, was long contended fluence his interpretation of the words; for and long acted upon as law, till, hap- where in political or religious libels, more pily for the freedom of the press and for especially, his particular opinions and atthe liberty of the country, of which the tachments must unavoidably have so great press is the great palladium, by the perse- a sway; in cases of this sort, to place, upon verance of my noble and learned friend the charge of any common informer, the near me [Lord Erskine], and by the exer- personal liberty of every writer and pubtions of the man whom in public life I lisher on politics, religion, or law, or any most loved and admired [Mr. Fox], whom other public question, the unfettered disI had nearly called one of the greatest cussion of which is of the very essence and lawyers, but who certainly was one of the principle of a free government, at the disgreatest men the country ever produced, cretion of magistrates mixing in all the that principle was at length exploded, and contests of the time, and partaking, on one by the Libel Bill it was at last established, side or the other, in all the heats and prethat in prosecutions for libel both the law | judices which personal or party interests and the fact were within the province of engender—if such be the power of the the jury, and to be decided by them. But, magistrates, and if this be law, where, I my lords, what avails this just and bene- ask, are all the boasted securities of our ficial statute, what security is there for the independence and freedom?" freedom of the press or the liberty of the subject if, while you have imposed this salutary restraint upon the judges in trials for libel, you give to justices of the peace, before trial, a right to decide that difficult question, and to commit to prison (in many cases, perhaps, to inflict a severer punish

Then he proceeded to attack the government for sending the circular to the lords lieutenants as an unconstitutional interference with the magistracy in the exercise of their judicial functions.

"It is, my lords," he said, "among the very first principles of a free government

[ocr errors]

that there should be an insurmountable | those who at this time earnestly desired a line of separation between the executive moderate measure of reform he was looked and the judicial authorities, that the latter upon as their leader. And the question of should be kept independent of the former; parliamentary reform was now being warmly and hitherto any interference of a minister discussed and agitated throughout the kingof the crown with the administration of dom, so that it was evident to all, that, like justice has been considered as a political the claims of the Roman Catholics, which offence of so serious a tendency to the had then just been conceded, it was a quesliberty and security of the subject, that at tion that sooner or later would have to be other times it would have called down the taken up by the government. indignation of Parliament on the head of the offender. I say, my lords, this has been such an interference-a direct interference not with the ministerial, but with the judicial duties of the magistrates-by instructing them in what manner they are to administer the law with respect to a particular class of offences, the consequence of which is to subject to the power of arrest and imprisonment, if bail cannot be procured, every author, printer, and publisher-nay, perhaps, every possessor of any writing which, in their judgment, they may deem a libel."

The opposition of Lord Grey to this proceeding was as fruitless as that which he had offered to the suspension of the Habeas Corpus Act, and his view of the matter was negatived by seventy-five to nineteen.

If we inquire into the settlement of the leading political questions of this century, we find that such settlement is due to the activity, in the first instance, of that greater Parliament out of doors-public meetings. Meetings are held, leagues are formed, members are pestered, the subject is repeatedly brought before Parliament by its advocates, and at last the question is carried and becomes law. It was so with the repeal of the Test and Corporation Acts, with Catholic emancipation, with the repeal of the corn laws, and it was eminently the case with the passing of the first Reform Bill. The country, suffering from poverty and distress, looked upon reform as the one great panacea for all the ills which then visited her; with an extension of the franchise and a redistribution of seats she thought wages would be high, provisions cheap, taxes remitted, and the state of the working classes inquired into and relieved. Therefore agitators preached, meetings assembled, and associations were constituted

The difference of opinion existing between Lord Grenville and Lord Grey broke up the "united and powerful party which had constituted the Opposition" for the last ten years, and henceforth Lord Grey was to stand alone in the Upper House as the advocate of parliamentary reform. With the views of the Radical party he had then, as in 1794, no sympathy; never at any time was he in favour of annual Parliaments or universal suffrage. Such doctrines, he was careful to assert, had never been acknowledged by the constitution; he hoped they would never become part of the constitution; their realization he believed "would lead to the subversion of all that this nation, over every other part of the world, enjoyed." | The Marquis of Blandford proposed to pay Therefore he was never popular, as we have said, among the extreme party, but among

the one object of all these efforts being the introduction of a reform bill. Nor did an inquiry into facts weaken the case. It was shown that many boroughs were entirely in the hands of certain peers, that many large towns were unrepresented, and that places where not a soul lived had the audacity to return two members. From being agitated out of doors the subject was mooted in the House of Commons. Sir Francis Burdett asserted that every man who paid his taxes had the right to vote.

members of Parliament, to transfer the franchises of decayed or corrupt boroughs

by advising the king not to attend the
Guildhall banquet on lord mayor's day,
owing to the discontented state of the
country, and the advice was acted upon ;
never had he or his government been more
unpopular. So strong was the dislike en-
tertained towards his rule that he availed
himself of the first opportunity-a defeat
on the civil list-to resign.

to large unrepresented towns, and to give | parliamentary reform; he angered the city
all payers of scot and lot the right of voting. and well nigh irritated it into insurrection
Lord Althorp, as the leader of the Whigs
in the House of Commons, moved leave to
bring in a reform bill. Lord John Russell
introduced a measure to give members
to Manchester, Birmingham, and Leeds.
O'Connell wished for triennial Parliaments,
vote by ballot, and universal suffrage. But
the government was obdurate, and their
obedient majority threw out all such pro-
posals. The Duke of Wellington was now.
at the head of affairs, and his grace was the
sworn foe of parliamentary reform. He was
content with things as they were, he said,
and vowed that he not only would decline
to introduce a reform bill, but would use
his power and position to oppose such a
measure if introduced.

Such was the state of public affairs when George IV. died. He passed away unregretted by the people, who had long borne with his vices, his debts, and his indifference to public affairs. His brother, William IV., reigned in his stead. The crushed hopes of the reformers began to rise. The new king was supposed to hold liberal opinions, to be attached to the Whigs, and it was known that he cordially disliked the Duke of Wellington, who had on one occasion refused to carry out the behests of his royal highness when Duke of Clarence and lord high admiral. Parliament was dissolved, and the country was a prey to the agitations of a general election. The Wellington government was unpopular, and had to face the unbending Tories, who detested its conduct with regard to Catholic emancipation, the Whigs, now in union with the Canningites, and the reformers. The revolutions then taking place in almost every capital of Europe in favour of the spread of liberal opinions also greatly helped to turn public feeling against the government. On the assembling of the new Parliament the Duke of Wellington found himself in a terrible minority. But he was not intimidated; he openly declared that he would resist the introduction of any measure of

To the Duke of Wellington now succeeded Earl Grey, who, from his age, his abilities, and his constant advocacy of parliamentary reform, was pointed out by the nation as the man to preside over its affairs. His ministry was a strong one. Its chief members were as follows:-Brougham, lord chancellor; Althorp, chancellor of the exchequer; Melbourne, home secretary; Palmerston, foreign secretary; Goderich, colonial secretary; Sir J. Graham, first lord of the admiralty; and Lord John Russell, paymaster of the forces. The policy of the new administration was explained by the prime minister in his place in the House of Lords. He thought, he said, that government should at once consider the state of the representation, to correct those defects which had been occasioned by time; yet he would not support universal suffrage, nor any of those fanciful plans which would lead not to reform but to confusion. Government had succeeded to the administration of affairs in a season of unparalleled difficulty, and he promised that the state of the nation should have the immediate attention of ministers. It was their intention to suppress outrages with severity, and to reduce all unnecessary expense. "My lords," said Earl Grey in conclusion, "the principles on which I stand are-amelioration of abuses, promotion of economy, and the endeavour to preserve peace consistently with the honour of the country. The administration stands before you and the public. You know the persons, you have heard our principles; for the maintenance of them we throw our

i

1

[graphic][merged small][merged small][merged small][subsumed]
« AnteriorContinuar »