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  • FORE:The first Session of the National Assembly was opened by the king in person on the 22nd of[577] May, but it did not conduct itself in a manner to recommend universal suffrage, or to make the friends of orderly government enamoured of revolution. Eventually it was dispersed by force. The new Chambers were opened on the 26th of February by the king in person, Count Brandenburg having led him to the throne. He stated that circumstances having obliged him to dissolve the National Assembly, he had granted to the nation a Constitution which by its provisions fulfilled all his promises made in the month of March. This Constitution was modelled after that of Belgium. The House was to consist of two Chambers, both electivethe former by persons paying 24s. a year of direct taxes, and the latter by a process of double election: that is, the deputies were chosen by delegates, who had themselves been elected by universal suffrage, there being one deputy for every 750 inhabitants. All Prussians were declared equal in the eye of the law, freedom of the press was established, and all exclusive class privileges were abolished. The judges were made independent of the Crown, and no ordinance was to have the force of law without the sanction of the Assembly.THE JUMMA MUSJID, DELHI. (From a Photograph by Frith & Co.)
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But amid the discouragements of monetary legislation, which showed that it would require a determined contest to compel Ministers to retrench, there were symptoms of a spirit of legal and social reform amongst Parliamentary men generally which augured the approach of better times. Mr. Sturges Bourne obtained the passing of his long-advocated Poor Law Bill; but Bills for regulating settlements, and for preventing the misapplication of the poor rates, were thrown out. A Bill was passed to regulate the treatment of children in cotton factories, and to limit the hours of their employment. Mr. Brougham's Act for inquiry into the charitable foundations of England was extended, with the support of Government, so as to apply to educational as well as to all kinds of charities, except such as had special visitors, or were maintained by private subscriptions. Sir James Mackintosh also took up the humane track of labour occupied so nobly by the late Sir Samuel Romilly. On the 2nd of March he moved for the appointment of a select committee to take into consideration the subject of capital punishment as regarded felonies. This was eminently needed, for the penal laws during the reign of George III. were truly Draconian. Notwithstanding a strong opposition by Ministers, the motion was carried, amid much cheering, and on the 6th of July Sir James Mackintosh introduced the report, which[146] was ordered to be printed. Government, as if to wipe out their disgrace in resisting so humane a measure, now proposed an inquiry into the condition of gaols and other places of confinement, and into the best method of employing and reforming delinquents during their imprisonment. Some reforms were made in Scottish law. The old rights of trial by battle, and of appeals of murder, felony, or mayhem, were abolished as rendered unnecessary by the full exercise of the institution of jury, and as belonging only to a barbarous age. The severity of the Scottish law against duels was mitigated, that law pronouncing forfeiture of all movable property, and banishment against all persons sending, or even carrying, a challenge to fight a duel. The principle of that law was sound, but its severity was its own defeat. A more questionable Bill was one carried, after much opposition, called the Foreign Enlistment Bill, which was intended to check the aid of Englishmen in assisting the Spanish South American colonists in throwing off the oppressive government of the mother country. Numbers of Englishmen were engaged on the side of independence, and this Bill was vainly intended to put an end to that generous aid.The continued resistance of the English Government meanwhile was rousing the quick blood of Ireland. The old Catholic Convention of 1793 was revived, and from year to year met and passed increasingly strong resolutions in Dublin. In 1810 its meetings, and the agitation it occasioned throughout the kingdom, became very conspicuous. A private letter was circulated all over the country, recommending the appointment of committees everywhere in order to the preparation of a monster petition. It was resolved that as soon as the Convention met, it should sit in permanence, so as to keep up an incessant action throughout the country. The Government took alarm, and Mr. Wellesley Pole, Secretary of State for Ireland, issued a letter to the sheriffs and chief magistrates throughout Ireland, ordering them to arrest all persons concerned in sending up delegates to this Convention. No sooner was this known in England than Lord Moira in the Lords, and Mr. Ponsonby in the Commons, adverted to the subject, and called for a copy of all correspondence by Government upon it. The demand was resisted in both Houses. On the 4th of April Lord Stanhope moved a resolution that the letter of Mr. Wellesley Pole was a violation of the law,[167] being, in fact, a prohibition of his Majesty's subjects to assemble for the purpose of petitioning Parliament. This was negatived by twenty-one votes against six.On the 27th of January Colonel Wardle, a militia officer, rose in his place in the House of Commons and made some startling charges against the Duke of York, as Commander-in-Chief of the army. Wardle had been a zealous Conservative, but had now changed his politics, and was acting with the party of extreme Reformers headed by Sir Francis Burdett, Lord Folkestone, and others. His charge was that the Duke of York was keeping a mistress, named Mary Ann Clarke, a married woman, to the great scandal of the nation, and was allowing her to traffic in commissions and promotions in the army. Nor was this all; he asserted that, not in the army alone, but in the Church, this public adulteress was conferring promotions, through her influence with the Duke, and that she had quite a levee of clergy, who were soliciting and bribing her to procure livings and even bishoprics. These were sufficiently exciting statements, and the Colonel demanded a Committee of Inquiry to enable him to prove his assertions. Sir Francis Burdett seconded the motion; and the proposal was not metas it should have been by Ministers or the Duke's friendsby a denial, but, in general, by a eulogium on the Duke's excellent discharge of his duties as Commander-in-Chief. The House determined that, wherever the infamy was to fall, it should have the full airing of a committee of the whole House, which was appointed to commence its inquiries on Wednesday, the 1st of February, the Duke intimating, through his friends, that he was, on his part, desirous of the fullest investigation of the matter. From the evidence of Mrs. Clarke it appeared very clear that the Duke had permitted her to traffic in the sale of commissions, and both Mrs. Clarke and Mary Ann Taylor, whose brother was married to Mrs. Clarke's sister, asserted that the Duke had received part of the money for some of these bargains. Sums of one thousand pounds, of five hundred pounds, and two hundred pounds had been paid to her for such services.It was upon this very able report of Mr. Nicholls that the Irish Poor Law was based. After undergoing much consideration, it was finally adopted by the Government on the 13th of December, 1836, and on the following day he was directed to have a Bill prepared, embodying all his recommendations. This was accordingly done; and after being scrutinised, clause by clause, in a committee of the Cabinet specially appointed for the purpose, and receiving various emendations, the Bill was introduced on the 13th of February, 1837, by Lord John Russell, then Home Secretary, and Leader of the House of Commons. His speech on the occasion was able and comprehensive. "It appears," he said, "from the testimony both of theory and experience, that when a country is[406] overrun by marauders and mendicants having no proper means of subsistence, but preying on the industry and relying on the charity of others, the introduction of a Poor Law serves several very important objects. In the first place, it acts as a measure of peace, enabling the country to prohibit vagrancy, which is so often connected with outrage, by offering a substitute to those who rely on vagrancy and outrage as a means of subsistence. When an individual or a family is unable to obtain subsistence, and is without the means of living from day to day, it would be unjust to say they shall not go about and endeavour to obtain from the charity of the affluent that which circumstances have denied to themselves. But when you can say to such persons, 'Here are the means of subsistence offered to you'when you can say this on the one hand, you may, on the other hand, say, 'You are not entitled to beg, you shall no longer infest the country in a manner injurious to its peace, and liable to imposition and outrage.'" Another way, he observed, in which a Poor Law is beneficial is, that it is a great promoter of social concord, by showing a disposition in the State and in the community to attend to the welfare of all classes. It is of use also by interesting the landowners and persons of property in the welfare of their tenants and neighbours. A landowner who looks only to receiving the rent of his estate may be regardless of the numbers in his neighbourhood who are in a state of destitution, or who follow mendicancy and are ready to commit crime; but if he is compelled to furnish means for the subsistence of those persons so destitute, it then becomes his interest to see that those around him have the means of living, and are not in actual want. He considered that these objects, and several others collateral to them, were attained in England by the Act of Elizabeth. Almost the greatest benefit that could be conferred on a country was, he observed, a high standard of subsistence for the labouring classes; and such a benefit was secured for England chiefly by the Quest Act of Elizabeth. Lord John Russell then alluded to the abuses which subsequently arose, and to the correction of those abuses then in progress under the provisions of the Poor Law Amendment Act, and said that we ought to endeavour to obtain for Ireland all the good effects of the English system, and to guard against the evils which had arisen under it.

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