Imatges de pàgina
PDF
EPUB

ing these circumstances, it appeared desirable, that the present Northern Circuit should be divided into two separate circuits, one comprehending Westmoreland, Lancaster, and Cumberland; the other York, Northumberland, and Durham.

Mr Taylor being thus fortified by the opinion of the committee, brought forward, on the 26th May, a motion for an address to the Prince Regent, humbly requesting, that the benefit of an assize twice in the year should be extended to the northern counties, and engaging to make good any expence which might be necessary for this purpose. Lord Castlereagh, however, observed, that any change in the administration of justice was too serious a matter to be made precipitately; that admitting the evil to exist, great difference of opinion prevailed as to the remedy which might be most advantageously applied to it. Time was necessary for consideration; and he begged the honourable gentleman in the meantime to withdraw his motion. Mr Brougham concurred in this recommendation. He thought that such a measure should receive the concurrence of all the three branches of the legis lature ; that the judges ought to be consulted, and that time for consideration was absolutely necessary. Mr Taylor complained that he had been formerly told that the House should wait till the facts had been stated; the facts had now come, and he was again desired to wait till some other opportunity should occur. Did the noble Lord and the honourable gentleman opposite recollect, that if they adjourn ed this question, the next circuit would be left exposed to the same evils and inconveniences, the same denial of justice? He finally, however, agreed to withdraw his motion.

On the 2d of June, Lord Erskine brought forward, in the House of

Lords, a proposition of some importance, having for its object to prevent arrest in cases of libel before the finding of an indictment. He had evidently in view at once the case of Mr Hone, and the circular letter of Lord Sidmouth. His Lordship began by expressing his surprise, that on the first mention of this bill, a decisive opinion against it should have been given by the Lord Chancellor, in a manner so opposite to his usual character. By nature a man of talents, from educa. tion a scholar, and bred from his very youth in the study and experience of all its possible transactions, nobody could be better qualified to decide in that forum with the same rapidity as he did the other day here on the subject now before us—yet how often does he there pause, and re-pause, consider, and re-consider-and why? From the justest and most amiable of all motives -He even runs the risk of sometimes appearing undecided and dilatory, rather than mistake the rights of the meanest individuals, in the most inconsiderable concerns, whose interests are in his hands. He denied having any wish to protect those who made a trade of defaming the government. "I consider, and always have considered, a systematic defamation of public measures and public men as a very great calamity. Libels of that description must always more or less exist in a free country, but they can only be kept under and rendered odious by the determined support in Parliament of the acknowledged principles of the constitution, and by a liberal and manly confidence in the good sense and affections of the people." He admitted that there were decisions in favour of the practice arraigned; but, said he, "I have always had a feverish jealousy upon this subject, and a great horror of that kind of law commencing in acknowledged usurpation, but growing

up at last into such practice, by incautious decisions, and negligence in parliamentary revision, as to make it dangerous to root it out without the direct authority of the statute. When open to two constructions the courts must indeed decide, but when open to one only the statute is then a solemn record of the law, which ought always to be conclusive authority in the teeth of any number of decisions which may oppose it." His Lordship then made a survey of the most eminent law authorities, endeavouring to prove that they were in his favour upon this point. He condemned the conduct of ministers in prosecuting writings on the pretence of irreligion, when the real motive consisted in the attacks contained in them on their own measures. "The government of God, and the sacred truths which support it, cannot be undermined or overthrown; but the government of man must be supported, or it will fall. No man can hold in higher detestation than I do any irreverence to the sacred Scriptures, nor to the sublime offices of our church, which are built upon them through out; but unless the law had declared such publications to be specifically libels, it became difficult to maintain an intention to ridicule them, when the obvious and palpable intention was, to ridicule the political state. I have no difficulty in saying, as a general observation, that I consider systematic and indecent attacks upon Parliament and the administration of government or law as great evils and calamities. All abuses may be exposed, and all the principles of our constitution vindicated, without even the risk of the author's being questioned as criminal. Libels, however, of this description have always existed, and ever must, more or less, in a free country; but the surest way to put them down in England is, to render them odious and disgusting to an enlightened and af.

fectionate people, by constantly adhering to the free principles of our constitution."

The Lord Chancellor expressed a hope that his noble friend would not persist in pressing the measure, at least in its present form; for though it was evident from the arguments advanced, that his intension was to limit its operation to the case of libels, its enactments would extend to prevent arrests before conviction in all cases whatever. The House would do well to consider seriously before they agreed to a law declaratory upon this subject, without taking any opinion of the judges to assist them. That House, which was the dernier, would not surely resort in all cases of law to make a new enactment without first having some question argued in the courts below to shew the necessity of their interposition. When the House found, that between the time of Queen Anne and the present period, there had been 128 cases in which the judges in the Court of King's Bench, as magistrates, had held to bail in cases of libel, would their Lordships at once declare the practice illegal, and proceed to declare against it? The libels to which his noble and learned friend had referred, were the grossest he had ever seen. Their blasphemy was in itself sufficient to constitute them libels. Lord Hardwicke, when Attorney-General, had maintained the same doctrine. He had declared, that the Christian religion was a part of the law of the land, and that an attack upon it was therefore to be regarded in the nature of a libel. The bill which had been introduced by his noble and learned friend had always appeared to him to be open to this objection, that it was impossible. to say, whether in any two counties in England, they could get the respective juries to agree in opinion as to what was libel and what was not.

He earnestly hoped his noble and

learned friend would not persist in call ing upon their Lordships to adopt such a measure as this without some better reasons than had yet been urged in its support.

The motion of Lord Erskine was

supported by Earl Grey and Lord Holland, and opposed by the Earl of Liverpool. On the vote being called, it was negatived by a majority of thirtyone against thirteen.

CHAPTER VI.

PUBLIC INSTRUCTION.

Zeal of the present Age for diffusing Knowledge.-Committee on the Education of the Poor.-Mr Brougham's Bill of Inquiry into the Abuse of Charitable Funds.-Allerations in the Lords.-Bill for the Erection of New Churches-in the Commons—in the Lords.

THE present age may justly boast of the great exertions made by it for the diffusion of knowledge, even among the lowest classes of society. With the exception of Scotland, and a few of the protestant states in the north of Germany, the benefits of the art of printing did not, till lately, exist for the great mass of the people, The expence of teaching, upon the old system, even the elements of reading, was nearly beyond their reach. The methods of Lancaster and Bell, with the efforts of the extensive associations and establishments, had done much to place the first principles of knowledge within the reach even of the humblest individuals. Still something was wanting, on a national scale, to comprehend districts and objects that lay beyond the reach of voluntary exertion.

Some parliamentary measure was wanting; some aid from the general funds of the society, not indeed to defray the whole expence, the effects of which would have been altogether injurious, but to facilitate the first establishment, and reduce the cost to an easy and tempting rate. Parliament, however, very judiciously

began its labours with an inquiry into the present state of education throughout the country, and the funds already existing, applicable to that object. This inquiry, after being continued through two successive sessions, was expected to be brought to a close in the course of the one now sitting.

In the investigation of the above important subject, Mr Brougham took the lead, with those comprehensive and enlightened views, and with that eager and impetuous activity, which always characterize his public proceeding. On the 5th March, he moved the reappointment of the committee which had carried in the inquiry. At the same time, he gave some outline of the views, which, from previous researches, they had been led to entertain. They were of opinion that assistance ought to be given by the public towards the erection of schools in different places where it might be deemed advisable to have them, but that the principle of granting a permanent income either to government or to any society, for the support of schools, ought not to be sanctioned; that where there was a want of the accommodation of school-,

transport itself from place to place; its powers were limited; and to bring witnesses from different places throughout the country to London, would be attended with great inconvenience and expense. If commissioners or agents were appointed for this business, one journey to the different places would do, instead of bringing witnesses from all the different parts to London. In many places abuses existed, of which no knowledge could be obtained till persons went to the spot. It was now two years since this matter had attracted the public attention, and hardly a day had passed during that time in which he had not received, from one place or other, an account of some misapplication-of some schools founded two hundred years ago perhaps, for which purpose lands yielding a considerable revenue were bequeathed,-while in some place only a few children were taught, and in another none. It was not generally known, that the income of the funds bequeathed for this' purpose amounted to between 2 and 300,000l. A sum like this, if fairly employed, would go a great way indeed.

houses and houses for teachers, means for supplying that want ought to be furnished by the public, either by way of loan, or otherwise, according to circumstances. It was the opinion of the committee, that a moderate sum of money was all that would be wanted for this purpose. In Ireland, seldom less than 40,000l. a-year had been voted for the charter schools; yet, either from carelessness or misapplication, these schools were productive of very little good. They received 40,000%. from the public, and from the bequests of individuals they had an income of nearly 20,000l. more. Their whole revenue might therefore be taken at nearly 60,000l. a-year. The House would be very much surprised to learn, that from this income of between 50 and 60,000l. a-year, not more than 2500 children were educated. Now, with an income of between 5 and 6000l. the Hibernian school society in London had instituted and now kept up 340 schools, while the charter schools, with an income of 60,000l. only kept 33 schools. The Hibernian school society educated 27,000 children, while the charter schools educated only 2500 children Mr Peel observed, that the Irish with nearly six times their income. charter schools were greatly improved There existed throughout the country since the last report in 1808. The chillarge funds, which had been bequeath- dren in the charter schools were clothed ed by individuals for all purposes of and entirely supported, as well as educharity and particularly for the educated, and the average expense of each cation of the poor. Those funds had, in many cases, been grossly misapplied; often, no doubt, from ignorance of the best method of employing them. In cases beyond the scope of the committee it had come to their knowledge, that schools richly endowed in many parts of the country, had fallen into entire disuse. For the purpose of investigating the subject, another tribunal ought to be instituted, besides a committee of the House of Commons. A committee of the House could not

child was calculated at 14.a-year.

After a short conversation, the following committee was appointed : Mr Brougham, Sir S. Romilly, Sir J. Mackintosh, Mr Bennet, Mr R. Gordon, Mr Babington, Mr Butterworth, Mr J. H. Smyth, Mr J. Smith, Mr Wilberforce, Mr Lamb, Sir W. Curtis, Sir J. Shaw, Sir F. Burdett, Mr C. Calvert, Mr Barclay, Lord Ossulston, Sir R. Fergusson, Sir H. Parnell, Mr Holford, the Marquis of Tavistock, Sir T. Ackland, Mr Alderman

« AnteriorContinua »