[Footnote 19: William the Fourth, when Duke of Clarence, was under the necessity of resigning the office of Lord High Admiral, while the Duke of Wellington was premier.]

_June_ 22, 1837.

_Agrarian Disturbances in Ireland are earned by Political Agitation_.

The n.o.ble earl opposite has stated, that the tranquillity mentioned in her majesty's speech from the throne, on opening the present parliament, was not intended to mean judicial or agrarian tranquillity, but political tranquillity. And what is the sort of political tranquillity existing in Ireland? I believe that a very few days before the speech in which the word tranquillity is used was delivered, the a.s.sociation which was a.s.sembled in the capital of Ireland, under the eyes of the n.o.ble earl opposite, was dissolved; but, at the same time, her majesty was given to understand, that she was not to have the choice of her ministers, but that they must be selected by the gentleman who was the founder and the head of that a.s.sociation. Now, to talk of tranquillity--political tranquillity--in any part of that country, looking at the situation in which it is placed, is vague and idle. The n.o.ble earl has said, that the agrarian disturbances in Ireland are not to be attributed to political agitation. Now, one of the greatest authorities that ever appeared in this or any other country--a n.o.ble relation of mine--stated, that "agrarian disturbances in Ireland were to be attributed to political agitation, and to nothing else, as much as effect was to be attributed to cause in any instance whatever." I say, then, that in Ireland they have agrarian disturbances because they have political agitations.

_November_ 27, 1837.

_Principle of Imprisonment for Debt_.

One of the causes of debts being incurred in this country is, in a great degree, the power which creditors at present possess to arrest their debtors upon _mesne_ process; and I still further believe that it is the facility which is thus given of obtaining credit, that has been the cause of the great mercantile prosperity of the country. The enormous transactions upon credit are such, that both individuals and the public generally, require further means of recovering debts than exist in other countries.

_December_ 5,1837.

_The Case of Dr. Hampden_.

The late king was advised to appoint that gentleman to be Regius Professor of Divinity in the university of Oxford. There can be no doubt that the general opinion of the university was, that that gentleman's theological tenets were not exactly orthodox, or consistent with the articles of the church of England,--an opinion which the publication of certain works by that gentleman has tended to establish.

Several persons in the university considered it their duty to pet.i.tion his majesty, praying, if the appointment had not been completed, that he would not make it. I believe that another address was presented to his majesty, entreating his majesty not to sanction that appointment, which, however, was made, contrary to the views of the university at large; and a short time afterwards, Dr. Hampden thought right, in his inaugural lecture, to state that he then felt it his duty to explain the opinions which had been complained of. I do not pretend to be a judge either of those opinions or that explanation; but this I will venture to say, and I believe your lordships will concur in the opinion, that in proportion as Dr. Hampden found it necessary to give an explanation of his sentiments, in the same proportion were those justified who thought proper to disapprove of them. I believe it will be admitted that, if a clergyman who published certain opinions, not being orthodox, thought proper to come forward and explain those opinions, at least they who were opposed to such opinions had some justification, on their being repeated, for the course they had taken in disapproving of them. This is all I wish to say respecting the opinions and explanation of Dr.

Hampden. His appointment having been made, notwithstanding the pet.i.tion of a vast number of the clergy of Oxford, and the general opinion expressed there that it should not be made, a request was preferred to the heads of houses that they would propose some measure to the convocation which would have the effect of marking the disapprobation on the part of that body of the opinions and appointment of Dr. Hampden.

The n.o.ble earl has alluded to the act of convocation excluding Dr.

Hampden from being one of those to appoint the select preachers, and also from sitting at the board of heresy. I am not disposed to say anything against Dr. Hampden; but this I must say, that, considering the whole transaction, my opinion is, the convocation did as little upon that occasion as it was possible to do, consistently with the necessity which existed of taking some notice of that gentleman, his opinions and conduct. Since that period, I really believe that the university, and the bishops of the church of England, and all the persons who have any influence on this question, have done everything in their power to put it down, and prevent it becoming a subject of discussion, even in the university or elsewhere. For myself, I can say, I have invariably pursued that course, it being my object to prevent any discussion on the matter; and I never should have mentioned it, here or elsewhere, publicly, if the n.o.ble earl had not forced it upon me on the present occasion. I certainly lament the transaction, princ.i.p.ally because I consider it is likely to produce a schism in the church; and I have been as anxious as any man can be in my situation, to prevent the university from proceeding on the subject in such a manner as may, by possibility, lead to that result.

The n.o.ble earl adverted to the conduct of a gentleman who is now vice-chancellor of the university, and who has, in his capacity of head of a house, prohibited the attendance of the students in divinity upon the lectures of the Regius Professor. I do not at all pretend to be competent to mark the difference between the private and public lectures of the Regius Professor; but I certainly do not approve of the course taken by that gentleman. In my opinion, the question is not one to be considered by the head of a house; for, in fact, no ordination can be conferred by him or the Regius Professor of Divinity. Ordination can only be conferred by the bishops of the church; and whether the students attend the lectures of the Regius Professor of Divinity, or those of the Margaret Professor, or of any other professor, I will say, it is the duty of the bishops of the church to consider who are the persons coming for ordination, and whether they are qualified or not, without taking into consideration the certificates of the Regius Professor of Divinity, the head of a house, or any other individual. It is, I contend, the duty of the bishops to examine into the subject themselves, without reference to the certificate of any individual whatever. I must observe, however, with regard to the course adopted by the vice-chancellor, that I am thoroughly convinced, not only from what that gentleman has stated to me, but from my knowledge of that gentleman's conduct, and his character for candour and fairness, that he had the very wisest motives in pursuing that course, from which he departed as soon as he found that the bishops of the church had determined upon observing a different line, conceiving that he was then relieved from all charge and responsibility in the situation which he held. Such is the history of that transaction; and I have only to say, with respect to that gentleman, and with respect to others of the university of Oxford, that it was their anxious wish and desire to avoid taking any step in reference to Dr. Hampden, lest it should, in any manner whatever, lead to what they would consider the greatest possible misfortune--a schism in the church.

_December_ 21,1837.

A great country cannot wage a little war.

_January_ 16, 1838.

_Conduct of the Canadian Leaders._

I differ entirely from the n.o.ble and learned lord in thinking that the act of 1831 established the British const.i.tution in Canada, for it is not consistent with the British const.i.tution to leave the civil government of the country--and especially to leave the judges of the land--to be provided for by an annual vote of the parliament. I say, my lords, that the British const.i.tution, for the last hundred and fifty years at least, has made a fixed and not uncertain provision for supporting the dignity of the crown, for meeting the expenses attendant on the administration of the civil government, and most particularly for the independence of the judges of the land. But is that the state of things in Lower Canada? No. I maintain that the act of 1831 did not establish the British const.i.tution in the colonies of Upper and Lower Canada, but something quite distinct; for it gave to the people a popular representation, which, in my opinion, is the cause of all the disputes that have followed, and of the insurrection which has taken place. It gave individuals the power to create prejudices in the minds of the people, to weaken the loyalty of the Canadians, and to raise them in hostility against her majesty's crown and government. And what has been the object of these individuals in the course which they have pursued? They have supposed that, by creating dissatisfaction amongst the people, they could thereby throw off the authority of the crown; and, by gathering the people around them, overturn the government established in the colony. Such have been the objects of those individuals who have been seen running off to the neighbouring territories of the United States as soon as they found their own persons exposed to danger. This turned out to be the real state of the case; for the would-be leaders left the unfortunate people in a state of rebellion against her majesty's government, and ran off themselves, letting the unlucky inhabitants return to their houses as best they could; and forcing them to submit, with the best grace they might, to the mercy of her majesty's government.

_January 18, 1838._

_Evils of popular Rights_.

I warned the n.o.ble lord against endangering the establishments of the country, by giving anything like an authority to a popular a.s.sembly to withhold the funds necessary for carrying on the civil government; for nothing is more needful to a country than to uphold the civil power, and the independence--as well pecuniary as political--of the judges of the land. And let n.o.ble lords learn, from the events in Canada, and other dominions in North America, what it is to hold forth what are called "popular rights," but which are not popular rights either here or elsewhere; and what occasion is thereby given to the perpetuation of a system of agitation which ends in insurrection and rebellion, and the coming to blows with her majesty's troops.

_January_ 18,1838.

_Importance of reducing the Canadian Rebels_.

I confess, my lords, that I have a feeling for the honour of my country, and I cannot but believe that if, by any misfortune, we should fail in restoring peace in Lower Canada, at an early period of time, we shall receive a blow, with respect to our military character, to our reputation, and to our honour, of which it will require years to enable us to remove the effects.

_January_ 18,1838.

_An Elective Legislative Council in Canada deprecated_.

My lords, there is one topic which has been adverted to by the n.o.ble and learned lord (Lord Brougham), upon which I think it necessary to say a word, although it is not alluded to in the address, and will more properly form a subject of the discussion on the bill which is to be brought in upon some future day--and that is the establishment in Lower Canada of an elective legislative council. The n.o.ble and learned lord, with all his knowledge of Lower Canada, has not, in my opinion, sufficiently adverted to the fact of the difference of the two races of inhabitants in that country. My lords, it may be easy to talk, here, of establishing an elective council, but if the n.o.ble and learned lord will look into the discussions which have taken place upon that subject, and to the opinions that have been delivered upon it by the different parties, in that colony, he will find that British inhabitants are to the full as much opposed to that arrangement as the French are in favour of it, he will find that in point of fact, they would be in a state of insurrection against that arrangement, in the same degree as the French are now supposed to be in a state of insurrection in favour of an elective legislative council. I will likewise beg the n.o.ble and learned lord, and I would entreat the n.o.ble viscount opposite, and every member of her majesty's government, to attend to this fact, that an elective legislative council is not the const.i.tution of the British monarchy; that a legislative council appointed by the monarch is the const.i.tution of this country; that this was so stated in the discussions upon the bill pa.s.sed in the year 1791, by all the great authorities who discussed that measure, amongst others by Mr. Fox himself. That gentleman said, "that a legislative council, appointed by the monarch, is an essential part of the British const.i.tution."

_January_ 18, 1838.

_Concessions to Democracy cannot be rescinded._

Your lordships ought also to recollect that, since the pa.s.sing of the reform bill, the taxes required from householders paying 10l. of yearly rent have been greatly reduced, and I believe that the poor-rates have also been diminished. These reductions have afforded great relief to that particular cla.s.s of persons, greater than has been given to any other portion of society; and I think that, under the circ.u.mstances, the amount of qualification ought not to be further diminished, for, if it be, a worse description of electors will be the inevitable consequence.

I perfectly recollect that a n.o.ble friend of mine, whom I do not now see in his place, warned your lordships, on a former occasion, of the danger of making any approach to democracy in a measure like this; and he told your lordships that, if once such a measure was adopted, you could never turn back from it. If it be found, when carried into operation, to act ever so injuriously--if its tendency be found to be ever so destructive to the peace and well-being of society--still you cannot fall back on the point from which you started; for, if once granted, the measure must be permanent.

_March 8, 1838._

_Short-sighted Conduct of the West Indian Colonists._

There is no man in this house, or in the country, who has been more anxious than myself, that the measure pa.s.sed for the abolition of slavery should be entirely successful. I have, however, conceived from the first, that the only chance of its success would arise from the colonial legislatures acting with good faith, and carrying the measure, after it had pa.s.sed the imperial parliament, into strict execution; for which measure they have received what they acknowledge, by their adhesion to the principle of the bill, a competent compensation. It appears, however, to be beyond doubt, that they have not carried the new system into execution as they ought to have done; and some two or three years ago, your lordships were under the necessity of consenting to a bill, rendered necessary in consequence of the legislature of Jamaica having refused, under not very creditable circ.u.mstances, to enact a law which it had positively promised to pa.s.s. Under these circ.u.mstances, considering that we are now approaching to within a couple of years of the period when a new state of society is to be established in all the British possessions where slavery has ever existed, I must say, I think parliament ought not to hesitate about adopting some measure of the description now proposed, for the purpose of carrying into full and complete execution the object which the imperial legislature had in view when the emanc.i.p.ation act was pa.s.sed. It appears to me, that if the legislatures of the colonies had acted as sensible men ought to have done, in the circ.u.mstances in which they were placed four years ago, they would have had before them, and the British parliament would have had before it, a very different prospect from that which, I fear, exists at the present moment.

_March_ 13, 1838.

_Lord Melbourne's Government Inimical to the Church._

It appears that the policy of her majesty's government is--I will use the mildest term that can be employed--not to encourage the established church. I am afraid that it will appear from what pa.s.sed in another place, in the last session of parliament, and even in this, that the church of England--the established church of England--is not to be encouraged by her majesty's government. I am sure that those who recollect what has occurred in parliament, during the last few years, will admit that no great encouragement has been shown by ministers to the church of Ireland, that branch of the established church of England which is stationed in the latter country. I say therefore, my lords, that this is the policy of the government of this country; and, I must own, also, it is most sincerely to be lamented by every friend of the const.i.tution, and of the peace, order, and happiness of the community.

_March 30, 1838._

_A Free Press in Malta deprecated._

Now, in regard to this matter of a free press in Malta, I crave your lordships' attention to the facts of the case for a moment, and I beg the house to bear them in mind. What is Malta? It is a fortress and a seaport--it is a great naval and military a.r.s.enal for our shipping and forces in the Mediterranean. We hold it by conquest. We hold it as an important post, as a great military and naval a.r.s.enal, and as nothing more. My lords, if these are the facts, we might as well think of planting a free press on the fore deck of the admiral's flag-ship in the Mediterranean, or on the caverns of the batteries of Gibraltar, or in the camp of Sir John Colborne in Canada, as of establishing it in Malta.

A free press in Malta in the Italian language is an absurdity. Of the hundred thousand individuals who compose the population of Malta, three-fourths at least speak nothing but the Maltese dialect, and do not understand the Italian language. Of the one hundred thousand inhabitants of the island, at least three-fourths can neither read nor write. What advantages, then, can accrue to the people of Malta from the establishment of a free press? We do not want to teach our English sailors and soldiers to understand Italian. A free press will find no readers among them either. Who, then, is it for? These gentlemen say, that, unless the government support a free press in Malta, it cannot exist of itself, and they suggest an expense of 800 a year in its favour. They have done nothing more than this that I am aware of since their appointment, and it is plain, that the savings spoken of by the n.o.ble baron as having been effected by their recommendation are completely swallowed up by the project of a free press. My lords, I cannot help thinking that it is wholly unnecessary and greatly unbecoming of the government to form such an establishment, of such a description, in such a place as Malta; and the more particularly, as the object for which it is made, must be both of a dangerous tendency to this country, and fraught with evil to others. The free press which they propose, is to be conducted, not by foreign Italians, but by Maltese, subjects of her majesty, enjoying the same privileges as we do. Now, what does this mean? It means that the licence to do wrong is unlimited.

If it were conducted by foreign Italians, you could have a check upon them if they acted in such a manner as would tend to compromise us with our neighbours--you could send them out of the island--you could prevent their doing injury in that manner by various ways. But here you have no such check--you have no check at all--your free press in that respect is uncontrollable. If the free press chooses to preach up insurrection in Italy from its den in Malta, you have no power of preventing it. Were the conductors foreign Italians you could lay your hand on them at once, and dispose of them as aliens; but you cannot do that with the Maltese subjects, enjoying the same right and possessing the same freedom as ourselves. I did hope, that we should have been cured by this time of our experiments on exciting insurrection in the other countries of Europe--in the dominions of neighbouring princes--in the territories of our allies. I did think that we had received a sufficient lesson in these matters to last us a long time, even for ever, in the results which have taken place through such interference in Portugal, Spain, Italy--ay, and in Canada too--and that they had put an end to our dangerous mania for exciting insurrection in foreign countries. Such, my lords, I a.s.sert is the object of a free press in Malta--to excite insurrection in the dominions of our neighbour and ally, the King of the Two Sicilies, and in the dominions of the King of Sardinia--and I confess that I am ashamed of the government, considering the results that have taken place, from the doctrines promulgated by it, that they have not done everything in their power to suppress instead of encouraging and supporting it; and that they had not sent out their commissions with full power to do so, rather than instructed them to call for its establishment.

_May 3, 1838._