I. POLITICAL CHANGE
The last years of Mill’s life
correspond to the period in which Utilitarianism reached,
in certain respects, its highest pitch of influence.
The little band who acknowledged him as their chief
leader, and as the authorised lieutenant of Bentham,
considered themselves to be in the van of progress.
Though differing on many points from each other, and
regarded with aversion or distrust by the recognised
party leaders, they were in their most militant and
confident state of mind. They were systematically
reticent as to their religious views: they left
to popular orators the public advocacy of their favourite
political measures; and the credit of finally passing
such of those measures as were adopted fell chiefly
to the hands of the great political leaders.
The Utilitarians are ignored in the orthodox Whig
legend. In the preface to his collected works,
Sydney Smith runs over the usual list of changes which
had followed, and, as he seems to think, had in great
part resulted from, the establishment of the Edinburgh
Review. Smith himself, and Jeffrey and Horner
and, above all, ‘the gigantic Brougham,’
had blown the blast which brought down the towers
of Jericho. Sir G. O. Trevelyan, in his Life
of Macaulay, describes the advent of the Whigs
to office in a similar sense. ‘Agitators
and incendiaries,’ he says, ’retired into
the background, as will always be the case when the
country is in earnest: and statesmen who had
much to lose, and were not afraid to risk it, stepped
quietly and firmly to the front. The men and the
sons of the men who had so long endured exclusion
from office, embittered by unpopularity, at length
reaped their reward.’ The Radical version
of the history is different. The great men, it
said, who had left the cause to be supported by agitators
so long as the defence was dangerous and profitless,
stepped forward now that it was clearly winning, and
received both the reward and the credit. Mill
and Place could not find words to express their contempt
for the trimming, shuffling Whigs. They were
probably unjust enough in detail; but they had a strong
case in some respects. The Utilitarians represented
that part of the reforming party which had a definite
and a reasoned creed. They tried to give logic
where the popular agitators were content with declamation,
and represented absolute convictions when the Whig
reformers were content with tentative and hesitating
compromises. They had some grounds for considering
themselves to be the ’steel of the lance’;
the men who formulated and deliberately defended the
principles which were beginning to conquer the world.
The Utilitarians, I have said, became
a political force in the concluding years of the great
war struggle. The catastrophe of the revolution
had unchained a whole whirlwind of antagonisms.
The original issues had passed out of sight; and great
social, industrial, and political changes were in
progress which made the nation that emerged from the
war a very different body from the nation that had
entered it nearly a generation before. It is not
surprising that at first very erroneous estimates
were made of the new position when peace at last returned.
The Radicals, who had watched on one
side the growth of debt and pauperism, and, on the
other hand, the profits made by stockjobbers, landlords,
and manufacturers, ascribed all the terrible sufferings
to the selfish designs of the upper classes.
When the war ended they hoped that the evils would
diminish, while the pretext for misgovernment would
be removed. A bitter disappointment followed.
The war was followed by widespread misery. Plenty
meant ruin to agriculturists, and commercial ‘gluts’
resulting in manufacturers’ warehouses crammed
with unsaleable goods. The discontent caused by
misery had been encountered during the war by patriotic
fervour. It was not a time for redressing evils,
when the existence of the nation was at stake.
Now that the misery continued, and the excuse for
delaying redress had been removed, a demand arose for
parliamentary reform. Unfortunately discontent
led also to sporadic riotings, to breaking of machinery
and burning of ricks. The Tory government saw
in these disturbances a renewal of the old Jacobin
spirit, and had visions apparently quite
groundless of widespread conspiracies and
secret societies ready to produce a ruin of all social
order. It had recourse to the old repressive
measures, the suspension of the Habeas Corpus Act,
the passage of the ‘Six Acts,’ and the
prosecution of popular agitators. Many observers
fancied that the choice lay between a servile insurrection
and the establishment of arbitrary power.
By degrees, however, peace brought
back prosperity. Things settled down; commerce
revived; and the acute distress passed away. The
whole nation went mad over the wrongs of Queen Caroline;
and the demand for political reform became for the
time less intense. But it soon appeared that,
although this crisis had been surmounted, the temper
of the nation had profoundly changed. The supreme
power still belonged constitutionally to the landed
interest. But it had a profoundly modified social
order behind it. The war had at least made it
necessary to take into account the opinions of larger
classes. An appeal to patriotism means that some
regard must be paid to the prejudices and passions
of people at large. When enormous sums were to
be raised, the moneyed classes would have their say
as to modes of taxation. Commerce and manufactures
went through crises of terrible difficulty due to
the various changes of the war; but, on the whole,
the industrial classes were steadily and rapidly developing
in wealth, and becoming relatively more important.
The war itself was, in one aspect at least, a war
for the maintenance of the British supremacy in trade.
The struggle marked by the policy of the ‘Orders
in Council’ on one side, and Napoleon’s
decrees on the other, involved a constant reference
to Manchester and Liverpool and the rapidly growing
manufacturing and commercial interests. The growth,
again, of the press, at a time when every one who
could read was keenly interested in news of most exciting
and important events, implied the rapid development
of a great organ of public opinion.
The effects of these changes soon
became palpable. The political atmosphere was
altogether different; and an entirely new set of influences
was governing the policy of statesmen. The change
affected the Tory as much as the Whig. However
strongly he might believe that he was carrying on
the old methods, he was affected by the new ideas
which had been almost unconsciously incorporated in
his creed. How great was the change, and how
much it took the shape of accepting Utilitarian theories,
may be briefly shown by considering a few characteristic
facts.
The ablest men who held office at
the time were Canning, Huskisson, and Peel. They
represented the conservatism which sought to distinguish
itself from mere obstructiveness. Their influence
was felt in many directions. The Holy Alliance
had the sympathy of men who could believe that the
war had brought back the pre-revolutionary order,
and that its main result had been to put the Jacobin
spirit in chains. Canning’s accession to
office in 1822 meant that the foreign policy of England
was to be definitely opposed to the policy of the
‘Holy Alliance.’ A pithy statement
of his view is given in a remarkable letter, dated
1st February 1823, to the prince who was soon to become
Charles X. The French government had declared that
a people could only receive a free constitution as
a gift from their legitimate kings. Should the
English ministry, says Canning, after this declaration,
support the French in their attack upon the constitutional
government of Spain, it would be driven from office
amid ‘the execration of Tories and Whigs alike.’
He thought that the doctrine of the sovereignty of
the people was less alien to the spirit of the British
Constitution than the opposite doctrine of the legitimists.
In the early days, when Canning sat at the feet of
Pitt, the war, if not in their eyes an Anti-Jacobin
crusade, had to be supported by stimulating the Anti-Jacobin
sentiment. In later days, the war had come to
be a struggle against the oppression of nations by
foreign despots. Canning could now accept the
version of Pitt’s policy which corresponded
to the later phase. Englishmen in general had
no more sympathy for despots who claimed a divine
right than for despots who acted in the name of democracy especially
when the despots threatened to interfere with British
trade. When Canning called ’the new world
into existence to redress the balance of the old,’
he declared that English policy should resist threats
from the Holy Alliance directed against some of our
best customers. The general approval had special
force among the Utilitarians. In the South American
States Bentham had found eager prosélytes, and
had hoped to become a Solon. He had been consulted
by the constitutionalists in Spain and Portugal; and
he and his disciples, Joseph Hume in particular, had
joined the Greek Committee, and tried to regenerate
Athens by sound Utilitarian tracts. All English
Liberals sympathised with the various movements which
were more or less favoured by Canning’s policy;
but the Utilitarians could also see in them the opening
of new fields already white for the harvest.
The foreign policy was significant.
It proved that the war, whatever else it had done,
had not brought back the old order; and the old British
traditions in favour of liberty of speech and action
would revive now that they were no longer trammelled
by the fears of a destructive revolution. The
days of July in 1830 gave fresh importance to the
reaction of foreign upon English politics.
II. LAW REFORM
Meanwhile, however, the Utilitarians
had a far stronger interest in domestic problems.
In the first place, in Bentham’s especial province
a complete change of feeling had taken place.
Romilly was Bentham’s earliest disciple (so
Bentham said), and looked up to him with ’filial
reverence.’ Every ‘reformatiuncle’
introduced by Romilly in parliament had been first
brought to Bentham, to be conned over by the two.
With great difficulty Romilly had got two or three
measures through the House of Commons, generally to
be thrown out by Eldon’s influence in the Lords.
After Romilly’s death in 1818, the cause was
taken up by the Whig philosopher, Sir James Mackintosh,
and made a distinct step in advance. Though there
were still obstacles in the upper regions, a committee
was obtained to consider the frequency of capital
punishment, and measures were passed to abolish it
in particular cases. Finally, in 1823, the reform
was adopted by Peel. Peel was destined to represent
in the most striking way the process by which new
ideas were gradually infiltrating the upper sphere.
Though still a strong Tory and a representative of
the university of Oxford, he was closely connected
with the manufacturing classes, and had become aware,
as he wrote to Croker (23rd March 1820), that public
opinion had grown to be too large for its accustomed
channels. As Home Secretary, he took up the whole
subject of the criminal law, and passed in the next
years a series of acts consolidating and mitigating
the law, and repealing many old statutes. A measure
of equal importance was his establishment in 1829
of the metropolitan police force, which at last put
an end to the old chaotic muddle described by Colquhoun
of parish officers and constables. Other significant
legal changes marked the opening of a new era.
Eldon was the very incarnation of the spirit of obstruction;
and the Court of Chancery, over which he presided
for a quarter of a century, was thought to be the
typical stronghold of the evil principles denounced
by Bentham. An attack in 1823 upon Eldon was
made in the House of Commons by John Williams (1777-1846),
afterwards a judge. Eldon, though profoundly
irritated by the personal imputations involved, consented
to the appointment of a commission, which reported
in 1825, and recommended measures of reform.
In 1828, Brougham made a great display upon which
he had consulted Bentham. In a speech of six hours’
length he gave a summary of existing abuses, which
may still be read with interest. Commissions were
appointed to investigate the procedure of the Common
Law Court and the law of real property. Another
commission, intended to codify the criminal law, was
appointed in 1833. Brougham says that of ‘sixty
capital defects’ described in his speech, fifty-five
had been removed, or were in course of removal, when
his speeches were collected (i.e. 1838).
Another speech of Brougham’s in 1828 dealt with
the carrying into execution of a favourite plan of
Bentham’s the formation of local courts,
which ultimately became the modern county courts.
The facts are significant of a startling change no
less than an abrupt transition from the reign of entire
apathy to a reign of continuous reform extending over
the whole range of law. The Reform Bill accelerated
the movement, but it had been started before Bentham’s
death. The great stone, so long immovable, was
fairly set rolling.
Bentham’s influence, again,
in bringing about the change is undeniable. He
was greatly dissatisfied with Brougham’s speech,
and, indeed, would have been dissatisfied with anything
short of a complete logical application of his whole
system. He held Brougham to be ’insincere,’
a trimmer and popularity-hunter, but a useful instrument.
Brougham’s astonishing vanity and self-seeking
prompted and perverted his amazing activity.
He represents the process, perhaps necessary, by which
a philosopher’s ideas have to be modified before
they can be applied to practical application.
Brougham, however, could speak generously of men no
longer in a position to excite his jealousy.
He says in the preface to his first speech that ’the
age of law reform and the age of Jeremy Bentham’
were the same thing, and declares Bentham to be the
‘first legal philosopher’ who had appeared
in the world. As the Chief advocates of Bentham
he reckons Romilly, his parliamentary representative;
Dumont, his literary interpreter; and James Mill,
who, in his article upon ‘jurisprudence,’
had popularised the essential principles of the doctrine.
The Utilitarians had at last broken
up the barriers of obstruction and set the stream
flowing. Whigs and Tories were taking up their
theories. They naturally exaggerated in some respects
the completeness of the triumph. The English
law has not yet been codified, and it was characteristic
of the Benthamite school to exaggerate the facility
of that process. In their hatred of ‘judge-made
law’ they assumed too easily that all things
would be arranged into convenient pigeon-holes as
soon as ‘Judge and Co.’ were abolished.
It was a characteristic error to exaggerate the simplicity
of their problem, and to fail to see that ‘judge-made’
law corresponds to a necessary inductive process by
which the complex and subtle differences have to be
gradually ascertained and fitted into a systematic
statement. One other remark suggests itself.
The Utilitarians saw in the dogged obstructiveness
of Eldon and his like the one great obstacle to reform.
It did not occur to them that the clumsiness of parliamentary
legislation might be another difficulty. They
failed to notice distinctly one tendency of their
reforms. To make a code you require a sovereign
strong enough to dominate the lawyers, not a system
in which lawyers are an essential part of a small
governing class. Codification, in short, means
centralisation in one department. Blindness to
similar results elsewhere was a characteristic of
the Utilitarian thinkers.
III. ECONOMIC REFORM
In another department the Utilitarians
boasted, and also with good reason, of the triumph
of their tenets. Political economy was in the
ascendant. Professorships were being founded in
Oxford, Cambridge, London, and Edinburgh.
Mrs. Marcet’s Conversations (1818) were
spreading the doctrine among babes and sucklings.
The Utilitarians were the sacred band who defended
the strictest orthodoxy against all opponents.
They spoke as recognised authorities upon some of the
most vital questions of the day, of which I need here
only notice Free Trade, the doctrine most closely
associated with the teaching of their revered Adam
Smith. In 1816 Ricardo remarks with satisfaction
that the principle ‘is daily obtaining converts’
even among the most prejudiced classes; and he refers
especially to a petition in which the clothiers of
Gloucestershire expressed their willingness to
give up all restrictions. There was, indeed,
an important set-off against this gain. The landowners
were being pledged to protection. They had decided
that in spite of the peace, the price of wheat must
be kept up to 80s. a quarter. They would no longer
be complimented as Adam Smith had complimented them
on their superior liberality, and were now creating
a barrier only to be stormed after a long struggle.
Meanwhile the principle was making rapid way among
their rivals. One symptom was the adoption by
the London merchants in 1820 of a famous petition
on behalf of free trade. It was drawn up by Thomas
Tooke (1774-1858), who had long been actively engaged
in the Russian trade, and whose History of Prices
is in some respects the most valuable economic treatise
of the time. Tooke gives a curious account of
his action on this occasion. He collected a few
friends engaged in commerce, who were opposed to the
corn laws. He found that several of them had
‘crude and confused’ notions upon the subject,
and that each held that his own special interests
should be exempted on some pretext from the general
rule. After various dexterous pieces of diplomacy,
however, he succeeded in obtaining the signature of
Samuel Thornton, a governor of the bank of England,
and ultimately procured a sufficient number of signatures
by private solicitation. He was favourably received
by the Prime Minister Lord Liverpool, and Vansittart
(then Chancellor of the Exchequer), and finally got
the petition presented to the House of Commons by
Alexander Baring (afterwards Lord Ashburton).
Tooke remarks that the Liverpool administration was
in advance, not only of the public generally, but
of the ’mercantile community,’ Glasgow
and Manchester, however, followed in the same steps,
and the petition became a kind of official manifesto
of the orthodox doctrine. The Political Economy
Club formed next year at Tooke’s instigation
(April 18, 1821) was intended to hasten the process
of dispersing crude and confused ideas. It was
essentially an organ of the Utilitarian propaganda.
The influence of the economists upon
public policy was shown by the important measures
carried through chiefly by Huskisson. Huskisson
(1770-1830) was a type of the most intelligent official
of his time. Like his more brilliant friend Canning,
he had been introduced into office under Pitt, and
retained a profound reverence for his early leader.
Huskisson was a thorough man of business, capable of
wrestling with blue-books, of understanding the sinking-fund,
and having theories about the currency; a master of
figures and statistics and the whole machinery of
commerce. Though eminently useful, he might at
any moment be applying some awkward doctrine from Adam
Smith.
Huskisson began the series of economic
reforms which were brought to their full development
by Peel and Gladstone. The collection of his
speeches incidentally brings out very clearly his
relation to the Utilitarians. The most remarkable
is a great speech of April 24, 1826 (upon the
state of the silk manufacture), of which Canning declared
that he had never heard one abler, or which made a
deeper impression upon the House. In this he
reviews his policy, going over the most important
financial measures of the preceding period. They
made a new era, and he dates the beginning of the movement
from the London petition, and the ‘luminous
speech’ made by Baring when presenting it.
We followed public opinion, he says, and did not create
it. Adopting the essential principles of the petition,
the government had in the first place set free the
great woollen trade. The silk trade had been
emancipated by abolishing the Spitalfield Acts passed
in the previous century, which enabled magistrates
to fix the rates of wages. The principle of prohibition
had been abandoned, though protective duties remained.
The navigation laws had been materially relaxed, and
steps taken towards removing restrictions of different
kinds upon trade with France and with India. One
symptom of the change was the consolidation of the
custom law effected by James Deacon Hume (1774-1842),
an official patronised by Huskisson, and an original
member of the Political Economy Club. By a law
passed in 1825, five hundred statutes dating from
the time of Edward I. were repealed, and the essence
of the law given in a volume of moderate size.
Finally, the removal of prohibitions was undermining
the smugglers.
The measures upon which Huskisson
justly prided himself might have been dictated by
the Political Economy Club itself. So far as they
went they were an application of the doctrines of its
thoroughgoing members, of Mill, Ricardo, and the orthodox
school. They indeed supported him in the press.
The Morning Chronicle, which expressed their
views, declared him to be the most virtuous minister,
that is (in true Utilitarian phrase), the most desirous
of national welfare who had ever lived. The praise
of Radicals would be not altogether welcome.
Canning, in supporting his friend, maintained that
sound commercial policy belonged no more to the Whigs
than to the Tories. Huskisson and he were faithful
disciples of Pitt, whose treaty with France in 1786,
assailed by Fox and the Whigs, had been the first
practical application of the Wealth of Nations.
Neither party, perhaps, could claim a special connection
with good or bad political economy; and certainly
neither was prepared to incur political martyrdom
in zeal for scientific truth. A question was beginning
to come to the front which would make party lines
dependent upon economic theories, and Huskisson’s
view of this was characteristic.
The speech from which I have quoted
begins with an indignant retort upon a member who
had applied to him Burke’s phrase about a perfect-bred
metaphysician exceeding the devil in malignity and
contempt for mankind. Huskisson frequently protested
even against the milder epithet of theorist.
He asserted most emphatically that he appealed to
‘experience’ and not to ‘theory,’
a slippery distinction which finds a good exposure
in Bentham’s Book of Fallacies. The
doctrine, however, was a convenient one for Huskisson.
He could appeal to experience to show that commercial
restrictions had injured the woollen trade, and their
absence benefited the cotton trade, and when he
was not being taunted with theories, he would state
with perfect clearness the general free trade argument.
But he had to keep an eye to the uncomfortable tricks
which theories sometimes play. He argued emphatically
in 1825 that analogy between manufactures and
agriculture is ‘illogical.’ He does
not wish to depress the price of corn, but to keep
it at such a level that our manufactures may not be
hampered by dear food. Here he was forced by stress
of politics to differ from his economical friends.
The country gentleman did not wish to pay duties on
his silk or his brandy, but he had a direct and obvious
interest in keeping up the price of corn. Huskisson
had himself supported the Corn Bill of 1815, but it
was becoming more and more obvious that a revision
would be necessary. In 1828 he declared that
he ’lamented from the bottom of his soul the
mass of evil and misery and destruction of capital
which that law in the course of twelve years had produced.’
Ricardo, meanwhile, and the economists had from the
first applied to agriculture the principles which
Huskisson applied to manufactures. Huskisson’s
melancholy death has left us unable to say whether
upon this matter he would have been as convertible
as Peel. In any case the general principle of
free trade was as fully adopted by Huskisson and Canning
as by the Utilitarians themselves. The Utilitarians
could again claim to be both the inspirers of the
first principles, and the most consistent in carrying
out the deductions. They, it is true, were not
generally biassed by having any interest in rents.
They were to be the allies or teachers of the manufacturing
class which began to be decidedly opposed to the squires
and the old order.
In one very important economic question,
the Utilitarians not only approved a change of the
law, but were the main agents in bringing it about.
Francis Place was the wire-puller, to whose energy
was due the abolition of the Conspiracy Laws in 1824.
Joseph Hume in the House of Commons, and M’Culloch,
then editor of the Scotsman, had the most conspicuous
part in the agitation, but Place worked the machinery
of agitation. The bill passed in 1824 was modified
by an act of 1825; but the modification, owing to
Place’s efforts, was not serious, and the act,
as we are told on good authority, ‘effected a
real emancipation,’ and for the first time established
the right of ’collective bargaining.’
The remarkable thing is that this act, carried on the
principles of ‘Radical individualism’ and
by the efforts of Radical individualists, was thus
a first step towards the application to practice of
socialist doctrine. Place thought that the result
of the act would be not the encouragement, but the
decline, of trades-unions. The unions had been
due to the necessity of combining against oppressive
laws, and would cease when those laws were abolished.
This marks a very significant stage in the development
of economic opinion.
IV. CHURCH REFORM
The movement which at this period
was most conspicuous politically was that which resulted
in Roman Catholic emancipation, and here, too, the
Utilitarians might be anticipating a complete triumph
of their principles. The existing disqualifications,
indeed, were upheld by little but the purely obstructive
sentiment. When the duke of York swore that ‘so
help him God!’ he would oppose the change to
the last, he summed up the whole ‘argument’
against it. Canning and Huskisson here represented
the policy not only of Pitt, but of Castlereagh.
The Whigs, indeed, might claim to be the natural representatives
of toleration. The church of England was thoroughly
subjugated by the state, and neither Whig nor Tory
wished for a fundamental change. But the most
obvious differentia of Whiggism was a dislike to the
ecclesiastical spirit. The Whig noble was generally
more or less of a freethinker; and upon such topics
Holland House differed little from Queen’s Square
Place, or differed only in a rather stricter reticence.
Both Whig and Tory might accept Warburton’s doctrine
of an ‘alliance’ between church and state.
The Tory inferred that the church should be supported.
His prescription for meeting discontent was ‘more
yeomanry’ and a handsome sum for church-building.
The Whig thought that the church got a sufficient
return in being allowed to keep its revenues.
On the Tory view, the relation might be compared to
that of man and wife in Christian countries where,
though the two are one, the husband is bound to fidelity.
On the Whig view it was like a polygamous system,
where the wife is in complete subjection, and the husband
may take any number of concubines. The Whig noble
regarded the church as socially useful, but he was
by no means inclined to support its interests when
they conflicted with other political considerations.
He had been steadily in favour of diminishing the
privileges of the establishment, and had taken part
in removing the grievances of the old penal laws.
He was not prepared to uphold privileges which involved
a palpable danger to his order.
This position is illustrated by Sydney
Smith, the ideal divine of Holland House. The
Plymley Letters give his views most pithily.
Smith, a man as full of sound sense as of genuine humour,
appeals to the principles of toleration, and is keenly
alive to the absurdity of a persecution which only
irritates without conversion. But he also appeals
to the danger of the situation. ’If Bonaparte
lives,’ he says, ’and something is
not done to conciliate the Catholics, it seems to
me absolutely impossible but that we must perish.’
We are like the captain of a ship attacked by a pirate,
who should begin by examining his men in the church
catechism, and forbid any one to sponge or ram who
had not taken the sacrament according to the forms
of the church of England. He confesses frankly
that the strength of the Irish is with him a strong
motive for listening to their claims. To talk
of ’not acting from fear is mere parliamentary
cant.’ Although the danger which frightened
Smith was evaded, this was the argument which really
brought conviction even to Tories in 1829. In
any case the Whigs, whose great boast was their support
of toleration, would not be prompted by any Quixotic
love of the church to encounter tremendous perils
in defence of its privileges.
Smith’s zeal had its limits.
He observes humorously in his preface that he had
found himself after the Reform Bill engaged in the
defence of the National Church against the archbishop
of Canterbury and the bishop of London. The letters
to Archdeacon Singleton, written when the Whigs were
flirting with the Radicals, show how much good an old
Whig could find in the establishment. This marks
the difference between the true Whig and the Utilitarian.
The Whig would not risk the country for the sake of
church; he would keep the clerical power strictly
subordinate to the power of the state, but then, when
considered from the political side, it was part of
a government system providing him with patronage,
and to be guarded from the rude assaults of the Radical
reformer. The Utilitarian, though for the moment
he was in alliance with the Whig, regarded the common
victory as a step to something far more sweeping.
He objected to intolerance as decidedly as the Whig,
for absolute freedom of opinion was his most cherished
doctrine. He objected still more emphatically
to persecution on behalf of the church, because he
entirely repudiated its doctrines. The objection
to spreading true doctrine by force is a strong one,
but hardly so strong as the objection to a forcible
spread of false doctrine. But, besides this,
the church represented to the Utilitarian precisely
the very worst specimen of the corruptions of
the time. The Court of Chancery was bad enough,
but the whole ecclesiastical system with its vast
prizes, its opportunities for corrupt patronage,
its pluralism and non-residence was an evil on a larger
scale. The Radical, therefore, unlike the Whig,
was an internecine enemy of the whole system.
The ‘church of England system,’ as Bentham
calmly remarks, is ’ripe for dissolution.’
I have already noticed his quaint proposal for giving
effect to his views. Mill, in the Westminster
Review, denounced the church of England as the
worst of all churches. To the Utilitarian, in
short, the removal of the disqualification of dissenters
and Catholics was thus one step to the consummation
which their logic demanded the absolute
disestablishment and disendowment of the church.
Conservatives in general anticipated the confiscation
of church revenues as a necessary result of reform;
and so far as the spirit of reformers was represented
by the Utilitarians and their Radical allies, they
had good grounds for the fear. James Mill’s
theory is best indicated by a later article published
in the London Review of July 1835. After
pointing out that the church of England retains all
the machinery desired for supporting priests and preventing
the growth of intellect and morality, he proceeds
to ask what the clergy do for their money. They
read prayers, which is a palpable absurdity; they
preach sermons to spread superstitious notions of
the Supreme Being, and perform ceremonies baptism,
and so forth which are obviously silly.
The church is a mere state machine worked in subservience
to the sinister interest of the governing classes.
The way to reform it would be to equalise the pay:
let the clergy be appointed by a ’Minister of
Public Instruction’ or the county authorities;
abolish the articles, and constitute a church ‘without
dogmas or ceremonies’; and employ the clergy
to give lectures on ethics, botany, political economy,
and so forth, besides holding Sunday meetings, dances
(decent dances are to be specially invented for the
purpose), and social meals, which would be a revival
of the ‘agapai’ of the early Christians.
For this purpose, however, it might be necessary to
substitute tea and coffee for wine. In other
words, the church is to be made into a popular London
University. The plan illustrates the incapacity
of an isolated clique to understand the real tone
of public opinion. I need not pronounce upon
Mill’s scheme, which seems to have some sense
in it, but one would like to know whether Newman read
his article.
V. SINISTER INTERESTS
In questions of foreign policy, of
law reform, of political economy, and of religious
tests, the Utilitarians thus saw the gradual approximation
to their most characteristic views on the part of the
Whigs, and a strong infiltration of the same views
among the less obstructive Tories. They held
the logical creed, to which others were slowly approximating,
either from the force of argument or from the great
social changes which were bringing new classes into
political power. The movement for parliamentary
reform which for a time overshadowed all other questions
might be regarded as a corollary from the position
already won. Briefly, it was clear that a new
social stratum was exercising a vast influence; the
doctrines popular with it had to be more or less accepted;
and the only problem worth consideration by practical
men was whether or not such a change should be made
in the political machinery as would enable the influence
to be exercised by direct and constitutional means.
To the purely obstructive Tory parliamentary reform
was a step to the general cataclysm. The proprietor
of a borough, like the proprietor of a church patronage
or commission in the army, had a right to his votes,
and to attack his right was simply confiscation of
private property. The next step might be to confiscate
his estate. But even the more intelligent Conservative
drew the line at such a measure. Canning, Huskisson,
and even Peel might accept the views of the Utilitarians
in regard to foreign policy, to law reform, to free
trade, or the removal of religious tests, declaring
only that they were obeying ‘experience’
instead of logic, and might therefore go just as far
as they pleased. But they were all pledged to
resist parliamentary reform to the utmost. Men
thoroughly steeped in official life, and versed in
the actual working of the machinery, were naturally
alive to the magnitude of the change to be introduced.
They saw with perfect clearness that it would amount
to a revolution. The old system in which the ruling
classes carried on business by family alliances and
bargains between ministers and great men would be
impracticable. The fact that so much had been
done in the way of concession to the ideas of the new
classes was for them an argument against the change.
If the governing classes were ready to reform abuses,
why should they be made unable to govern? A gradual
enfranchisement of the great towns on the old system
might be desirable. Such a man as Huskisson,
representing great commercial interests, could not
be blind to the necessity. But a thorough reconstruction
was more alarming. As Canning had urged in a great
speech at Liverpool, a House of Commons, thoroughly
democratised, would be incompatible with the existence
of the monarchy and the House of Lords. So tremendously
powerful a body would reduce the other parts of the
constitution to mere excrescences, feeble drags upon
the new driving-wheel in which the whole real force
would be concentrated.
That this expressed, in point of fact,
a serious truth, was, I take it, undeniable.
The sufficient practical answer was, that change was
inevitable. To refuse to adapt the constitutional
machinery to the altered political forces was not
to hinder their growth, but to make a revolution necessary.
When, accordingly, the excluded classes began seriously
to demand admission, the only question came to lie
between violent and peaceable methods. The alarm
with which our fathers watched the progress of the
measure may seem to us exaggerated, but they scarcely
overestimated the magnitude of the change. The
old rulers were taking a new partner of such power,
that whatever authority was left to them might seem
to be left on sufferance. As soon as he became
conscious of his strength, they would be reduced to
nonentities. The Utilitarians took some part in
the struggle, and welcomed the victory with anticipations
destined to be, for the time at least, cruelly disappointed.
But they were still a small minority, whose views
rather scandalised the leaders of the party with which
they were in temporary alliance. The principles
upon which they based their demands, as formulated
by James Mill, looked, as we shall see, far beyond
the concessions of the moment.
One other political change is significant,
though I am unable to give an adequate account of
it. Bentham’s denunciation of ’sinister
interests’ one of his leading topics corresponds
to the question of sinécures, which was among
the most effective topics of Radical declamation.
The necessity of limiting the influence of the crown
and excluding ‘placemen’ from the House
of Commons had been one of the traditional Whig commonplaces,
and a little had been done by Burke’s act of
1782 towards limiting pensions and abolishing obsolete
offices. When English Radicalism revived, the
assault was renewed in parliament and the press.
During the war little was achieved, though a revival
of the old complaints about placemen in parliament
was among the first symptoms of the rising sentiment.
In 1812 an attack was made upon the ‘tellers
of the Exchequer.’ Romilly says that
the value of one of these offices had risen to L26,000
or L27,000 a year. The income came chiefly from
fees, and the actual work, whatever it was, was done
by deputy. The scandal was enormous at a time
when the stress upon the nation was almost unbearable.
One of the tellerships was held by a member of the
great Grenville family, who announced that they regarded
the demand for reform as a personal attack upon them.
The opposition, therefore, could not muster even its
usual strength, and the motion for inquiry was rejected.
When the war was over, even the government began to
feel that something must be done. In 1817 some
acts were passed abolishing a variety of sinecure
offices and ’regulating certain offices in the
Court of Exchequer.’ The Radicals considered
this as a mere delusion, because it was provided at
the same time that pensions might be given to persons
who had held certain great offices. The change,
however, was apparently of importance as removing the
chief apology for sinécures, and the system with
modifications still remains. The marquis of Camden,
one of the tellers of the Exchequer, voluntarily resigned
the fees and accepted only the regular salary of L2500.
His action is commended in the Black Book,
which expresses a regret that the example had not
been followed by other great sinecurists. Public
opinion was beginning to be felt. During the
subsequent period the cry against sinécures became
more emphatic. The Black Book, published
originally in 1820 and 1823, and afterwards reissued,
gave a list, so far as it could be ascertained, of
all pensions, and supplied a mass of information for
Radical orators. The amount of pensions is stated
at over L1,000,000, including sinecure offices with
over L350,000 annually; and the list of offices
(probably very inaccurate in detail) gives a singular
impression of the strange ramifications of the system.
Besides the direct pensions, every new department
of administration seems to have suggested the foundation
of offices which tended to become sinécures.
The cry for ‘retrenchment’ was joined
to the cry for reform. Joseph Hume, who first
entered parliament in 1818, became a representative
of the Utilitarian Radicalism, and began a long career
of minute criticism which won for him the reputation
of a stupendous bore, but helped to keep a steady
pressure upon ministers. Sir James Graham (1792-1861)
was at this time of Radical tendencies, and first made
himself conspicuous by demanding returns of pensions.
The settlements of the civil lists of George IV.,
William IV., and Victoria, gave opportunities for
imposing new restrictions upon the pension system.
Although no single sweeping measure was passed, the
whole position was changed. By the time of the
Reform Bill, a sinecure had become an anachronism.
The presumption was that whenever an opportunity offered,
it would be suppressed. Some of the sinecure
offices in the Court of Chancery, the ‘Keeper
of the Hanaper,’ the ‘Chaffwax,’
and so forth, were abolished by an act passed by the
parliament which had just carried the Reform Bill.
In 1833 a reform of the system of naval administration
by Sir James Graham got rid of some cumbrous machinery;
and Graham again was intrusted in 1834 with an act
under which the Court of Exchequer was finally reformed,
and the ‘Clerk of the Pells’ and the ‘Tellers
of the Exchequer’ ceased to exist. Other
offices seem to have melted away by degrees, whenever
a chance offered.
Many other of the old abuses had ceased
to require any special denunciations from political
theorists. The general principle was established,
and what remained was to apply it in detail. The
prison system was no longer in want of a Howard or
a Bentham. Abuses remained which occupied the
admirable Mrs. Fry; and many serious difficulties
had to be solved by a long course of experiment.
But it was no longer a question whether anything should
be doing, but of the most efficient means of bringing
about an admittedly desirable end. The agitation
for the suppression of the slave-trade again had been
succeeded by the attack upon slavery. The system
was evidently doomed, although not finally abolished
till after the Reform Bill; and ministers were only
considering the question whether the abolition should
be summary or gradual, or what compensation might be
made to vested interests. The old agitation had
been remarkable, as I have said, not only for its
end but for the new kind of machinery to which it
had applied. Popular agitation had taken a
new shape. The county associations formed in
the last days of the American war of independence,
and the societies due to the French revolution had
set a precedent. The revolutionary societies
had been suppressed or had died out, as opposed to
the general spirit of the nation, although they had
done a good deal to arouse political speculation.
In the period of distress which followed the war the
Radical reformers had again held public meetings,
and had again been met by repressive measures.
The acts of 1817 and 1819 imposed severe restrictions
upon the right of public meeting. The old ‘county
meeting,’ which continued to be common until
the reform period, and was summoned by the lord-lieutenant
or the sheriff on a requisition from the freeholders,
had a kind of constitutional character, though I do
not know its history in detail. The extravagantly
repressive measures were an anachronism, or could
only be enforced during the pressure of an intense
excitement. In one way or other, public meetings
were soon being held as frequently as ever. The
trial of Queen Caroline gave opportunity for numerous
gatherings, and statesmen began to find that they
must use instead of suppressing them. Canning
appears to have been the first minister to make frequent
use of speeches addressed to public meetings; and
meetings to which such appeals were addressed soon
began to use their authority to demand pledges from
the speakers. Representation was to be understood
more and more as delegation. Meanwhile the effect
of public meetings was enormously increased when a
general organisation was introduced. The great
precedent was the Catholic Association, founded in
1823 by O’Connell and Sheil. The peculiar
circumstances of the Irish people and their priests
gave a ready-made machinery for the agitation which
triumphed in 1829. The Political Union founded
by Attwood at Birmingham in the same year adopted
the method, and led to the triumph of 1832. Political
combination henceforth took a different shape, and
in the ordinary phrase, ‘public opinion’
became definitely the ultimate and supreme authority.
This enormous change and the corresponding development
of the power of the press, which affected to mould
and, at any rate, expressed public opinion, entirely
fell in with Utilitarian principles. Their part
in bringing about the change was of no special importance
except in so far as they more or less inspired the
popular orators. They were, however, ready to
take advantage of it. They had the Westminster
Review to take a place beside the Edinburgh
and Quarterly Reviews, which had raised periodical
writing to a far higher position than it had ever
occupied, and to which leading politicians and leading
authors on both sides had become regular contributors.
The old contempt for journalism was rapidly vanishing.
In 1825 Canning expresses his regret for having given
some information to a paper of which an ill use had
been made. He had previously abstained from all
communication with ‘these gentry,’ and
was now resolved to have done with hoc genus omne
for good and all. In 1839 we find his former colleague,
Lord Lyndhurst, seeking an alliance with Barnes, the
editor of the Times, as eagerly as though Barnes
had been the head of a parliamentary party.
The newspapers had probably done more
than the schools to spread habits of reading through
the country. Yet the strong interest which was
growing up in educational matters was characteristic.
Brougham’s phrase, ‘the schoolmaster is
abroad’ (29th January 1821), became a popular
proverb, and rejoiced the worthy Bentham. I have
already described the share taken by the Utilitarians
in the great Bell and Lancaster controversy.
Parliament had as yet done little. A bill brought
in by Whitbread had been passed in 1807 by the House
of Commons, enabling parishes to form schools on the
Scottish model, but according to Romilly, it was
passed in the well-grounded confidence that it would
be thrown out by the peers. A committee upon
education was obtained by Brougham after the peace,
which reported in 1818, and which led to a commission
upon school endowments. Brougham introduced an
education bill in 1820, but nothing came of it.
The beginning of any participation by government in
national education was not to take place till after
the Reform Bill. Meanwhile, however, the foundation
of the London University upon unsectarian principles
was encouraging the Utilitarians; and there were other
symptoms of the growth of enlightenment. George
Birkbeck (1776-1841) had started some popular lectures
upon science at Glasgow about 1800, and having settled
as a physician in London, started the ‘Mechanics’
Institution’ in 1824. Brougham was one
of the first trustees; and the institution, though
exposed to a good deal of ridicule, managed to take
root and become the parent of others. In 1827
was started the Society for the Diffusion of Useful
Knowledge, of which Brougham was president, and the
committee of which included James Mill. In the
course of its twenty years’ existence it published
or sanctioned the publication by Charles Knight of
a great mass of popular literature. The Penny
Magazine (1832-1845) is said to have had two hundred
thousand subscribers at the end of its first year
of existence. Crude and superficial as were some
of these enterprises, they clearly marked a very important
change. Cobbett and the Radical orators found
enormous audiences ready to listen to their doctrine.
Churchmen and Dissenters, Tories and Radicals were
finding it necessary both to educate and to disseminate
their principles by writing; and as new social strata
were becoming accessible to such influences, their
opinions began to exercise in turn a more distinct
reaction upon political and ecclesiastical affairs.
No party felt more confidence at the
tendency of this new intellectual fermentation than
the Utilitarians. They had a definite, coherent,
logical creed. Every step which increased the
freedom of discussion increased the influence of the
truth. Their doctrines were the truth, if not
the whole truth. Once allow them to get a fulcrum
and they would move the world. Bit by bit their
principles of legislation, of economy, of politics
were being accepted in the most different quarters;
and even the more intelligent of their opponents were
applying them, though the application might be piecemeal
and imperfect. It was in vain that an adversary
protested that he was not bound by logic, and appealed
to experience instead of theory. Let him justify
his action upon what grounds he pleased, he was, in
point of fact, introducing the leaven of true doctrine,
and it might be trusted to work out the desirable
results.
I must now deal more in detail with
the Utilitarian theories. I will only observe
in general terms that their triumph was not likely
to be accepted without a struggle. Large classes
regarded them with absolute abhorrence. Their
success, if they did succeed, would mean the destruction
of religious belief, of sound philosophy, of the great
important ecclesiastical and political institutions,
and probably general confiscation of property and
the ruin of the foundations of society. And,
meanwhile, in spite of the progress upon which I have
dwelt, there were two problems, at least, of enormous
importance, upon which it could scarcely be said that
any progress had been made. The church, in the
first place, was still where it had been. No change
had been made in its constitution; it was still the
typical example of corrupt patronage; and the object
of the hatred of all thoroughgoing Radicals.
And, in the second place, pauperism had grown to appalling
dimensions during the war; and no effectual attempt
had been made to deal with it. Behind pauperism
there were great social questions, the discontent
and misery of great masses of the labouring population.
Whatever reforms might be made in other parts of the
natural order, here were difficulties enough to task
the wisdom of legislators and speculators upon legislative
principles.