Volume IV Part 16 (1/2)

He had none of the external graces of an orator. His countenance was heavy, his figure mean and somewhat deformed, and his gestures uncouth.

Yet he was heard with respect. For, such as his mind was, it had been a.s.siduously cultivated. His youth had been studious; and to the last he continued to love books and the society of men of genius and learning.

Indeed he aspired to the character of a wit and a poet, and occasionally employed hours which should have been very differently spent in composing verses more execrable than the bellman's. [484] His time however was not always so absurdly wasted. He had that sort of industry and that sort of exactness which would have made him a respectable antiquary or King at Arms. His taste led him to plod among old records; and in that age it was only by plodding among old records that any man could obtain an accurate and extensive knowledge of the law of Parliament. Having few rivals in this laborious and unattractive pursuit, he soon began to be regarded as an oracle on questions of form and privilege. His moral character added not a little to his influence.

He had indeed great vices; but they were not of a scandalous kind.

He was not to be corrupted by money. His private life was regular. No illicit amour was imputed to him even by satirists. Gambling he held in aversion; and it was said that he never pa.s.sed White's, then the favourite haunt of n.o.ble sharpers and dupes, without an exclamation of anger. His practice of fl.u.s.tering himself daily with claret was hardly considered as a fault by his contemporaries. His knowledge, his gravity and his independent position gained for him the ear of the House; and even his bad speaking was, in some sense, an advantage to him. For people are very loth to admit that the same man can unite very different kinds of excellence. It is soothing to envy to believe that what is splendid cannot be solid, that what is clear cannot be profound. Very slowly was the public brought to acknowledge that Mansfield was a great jurist, and that Burke was a great master of political science. Montague was a brilliant rhetorician, and, therefore, though he had ten times Harley's capacity for the driest parts of business, was represented by detractors as a superficial, prating pretender. But from the absence of show in Harley's discourses many people inferred that there must be much substance; and he was p.r.o.nounced to be a deep read, deep thinking gentleman, not a fine talker, but fitter to direct affairs of state than all the fine talkers in the world. This character he long supported with that cunning which is frequently found in company with ambitious and unquiet mediocrity. He constantly had, even with his best friends, an air of mystery and reserve which seemed to indicate that he knew some momentous secret, and that his mind was labouring with some vast design.

In this way he got and long kept a high reputation for wisdom. It was not till that reputation had made him an Earl, a Knight of the Garter, Lord High Treasurer of England, and master of the fate of Europe, that his admirers began to find out that he was really a dull puzzleheaded man. [485]

Soon after the general election of 1690, Harley, generally voting with the Tories, began to turn Tory. The change was so gradual as to be almost imperceptible; but was not the less real. He early began to hold the Tory doctrine that England ought to confine herself to a maritime war. He early felt the true Tory antipathy to Dutchmen and to moneyed men. The antipathy to Dissenters, which was necessary to the completeness of the character, came much later. At length the transformation was complete; and the old haunter of conventicles became an intolerant High Churchman. Yet to the last the traces of his early breeding would now and then show themselves; and, while he acted after the fas.h.i.+on of Laud, he sometimes wrote in the style of Praise G.o.d Barebones. [486]

Of Paul Foley we know comparatively little. His history, up to a certain point, greatly resembles that of Harley: but he appears to have been superior to Harley both in parts and in elevation of character. He was the son of Thomas Foley, a new man, but a. man of great merit, who, having begun life with nothing, had created a n.o.ble estate by ironworks, and who was renowned for his spotless integrity and his munificent charity. The Foleys were, like their neighbours the Harleys, Whigs and Puritans. Thomas Foley lived on terms of close intimacy with Baxter, in whose writings he is mentioned with warm eulogy. The opinions and the attachments of Paul Foley were at first those of his family. But be, like Harley, became, merely from the vehemence of his Whiggism, an ally of the Tories, and might, perhaps, like Harley, have been completely metamorphosed into a Tory, if the process of trans.m.u.tation had not been interrupted by death. Foley's abilities were highly respectable, and had been improved by education. He was so wealthy that it was unnecessary for him to follow the law as a profession; but he had studied it carefully as a science. His morals were without stain; and the greatest fault which could be imputed to him was that he paraded his independence and disinterestedness too ostentatiously, and was so much afraid of being thought to fawn that he was always growling.

Another convert ought to be mentioned. Howe, lately the most virulent of the Whigs, had been, by the loss of his place, turned into one of the most virulent of the Tories. The deserter brought to the party which he had joined no weight of character, no capacity or semblance of capacity for great affairs, but much parliamentary ability of a low kind, much spite and much impudence. No speaker of that time seems to have had, in such large measure, both the power and the inclination to give pain.

The a.s.sistance of these men was most welcome to the Tory party; but it was impossible that they could, as yet, exercise over that party the entire authority of leaders. For they still called themselves Whigs, and generally vindicated their Tory votes by arguments grounded on Whig principles. [487]

From this view of the state of parties in the House of Commons, it seems clear that Sunderland had good reason for recommending that the administration should be entrusted to the Whigs. The King, however, hesitated long before he could bring himself to quit that neutral position which he had long occupied between the contending parties. If one of those parties was disposed to question his t.i.tle, the other was on principle hostile to his prerogative. He still remembered with bitterness the unreasonable and vindictive conduct of the Convention Parliament at the close of 1689 and the beginning of 1690; and he shrank from the thought of being entirely in the hands of the men who had obstructed the Bill of Indemnity, who had voted for the Sacheverell clause, who had tried to prevent him from taking the command of his army in Ireland, and who had called him an ungrateful tyrant merely because he would not be their slave and their hangman. He had once, by a bold and unexpected effort, freed himself from their yoke; and he was not inclined to put it on his neck again. He personally disliked Wharton and Russell. He thought highly of the capacity of Caermarthen, of the integrity of Nottingham, of the diligence and financial skill of G.o.dolphin. It was only by slow degrees that the arguments of Sunderland, backed by the force of circ.u.mstances, overcame all objections.

On the seventh of November 1693 the Parliament met; and the conflict of parties instantly began. William from the throne pressed on the Houses the necessity of making a great exertion to arrest the progress of France on the Continent. During the last campaign, he said, she had, on every point, had a superiority of force; and it had therefore been found impossible to cope with her. His allies had promised to increase their armies; and he trusted that the Commons would enable him to do the same.

[488]

The Commons at their next sitting took the King's speech into consideration. The miscarriage of the Smyrna fleet was the chief subject of discussion. The cry for inquiry was universal: but it was evident that the two parties raised that cry for very different reasons.

Montague spoke the sense of the Whigs. He declared that the disasters of the summer could not, in his opinion, be explained by the ignorance and imbecility of those who had charge of the naval administration. There must have been treason. It was impossible to believe that Lewis, when he sent his Brest squadron to the Straits of Gibraltar, and left the whole coast of his kingdom from Dunkirk to Bayonne unprotected, had trusted merely to chance. He must have been well a.s.sured that his fleet would meet with a vast booty under a feeble convoy. As there had been treachery in some quarters, there had been incapacity in others. The State was ill served. And then the orator p.r.o.nounced a warm panegyric on his friend Somers. ”Would that all men in power would follow the example of my Lord Keeper! If all patronage were bestowed as judiciously and disinterestedly as his, we should not see the public offices filled with men who draw salaries and perform no duties.” It was moved and carried unanimously, that the Commons would support their Majesties, and would forthwith proceed to investigate the cause of the disaster in the Bay of Lagos. [489] The Lords of the Admiralty were directed to produce a great ma.s.s of doc.u.mentary evidence. The King sent down copies of the examinations taken before the Committee of Council which Mary had appointed to inquire into the grievances of the Turkey merchants. The Turkey merchants themselves were called in and interrogated. Rooke, though too ill to stand or speak, was brought in a chair to the bar, and there delivered in a narrative of his proceedings. The Whigs soon thought that sufficient ground had been laid for a vote condemning the naval administration, and moved a resolution attributing the miscarriage of the Smyrna fleet to notorious and treacherous mismanagement. That there had been mismanagement could not be disputed; but that there had been foul play had certainly not been proved. The Tories proposed that the word ”treacherous” should be omitted. A division took place; and the Whigs carried their point by a hundred and forty votes to a hundred and three. Wharton was a teller for the majority. [490]

It was now decided that there had been treason, but not who was the traitor. Several keen debates followed. The Whigs tried to throw the blame on Killegrew and Delaval, who were Tories; the Tories did their best to make out that the fault lay with the Victualling Department, which was under the direction of Whigs. But the House of Commons has always been much more ready to pa.s.s votes of censure drawn in general terms than to brand individuals by name. A resolution clearing the Victualling Office was proposed by Montague, and carried, after a debate of two days, by a hundred and eighty-eight votes to a hundred and fifty-two. [491] But when the victorious party brought forward a motion inculpating the admirals, the Tories came up in great numbers from the country, and, after a debate which lasted from nine in the morning till near eleven at night, succeeded in saving their friends. The Noes were a hundred and seventy, and the Ayes only a hundred and sixty-one. Another attack was made a few days later with no better success. The Noes were a hundred and eighty-five, the Ayes only a hundred and seventy-five. The indefatigable and implacable Wharton was on both occasions tellers for the minority. [492]

In spite of this check the advantage was decidedly with the Whigs; The Tories who were at the head of the naval administration had indeed escaped impeachment; but the escape had been so narrow that it was impossible for the King to employ them any longer. The advice of Sunderland prevailed. A new Commission of Admiralty was prepared; and Russell was named First Lord. He had already been appointed to the command of the Channel fleet.

His elevation made it necessary that Nottingham should retire. For, though it was not then unusual to see men who were personally and politically hostile to each other holding high offices at the same time, the relation between the First Lord of the Admiralty and the Secretary of State, who had charge of what would now be called the War Department, was of so peculiar a nature that the public service could not be well conducted without cordial cooperation between them; and between Nottingham and Russell such cooperation was not to be expected. ”I thank you,” William said to Nottingham, ”for your services. I have nothing to complain of in your conduct. It is only from necessity that I part with you.” Nottingham retired with dignity. Though a very honest man, he went out of office much richer than he had come in five years before. What were then considered as the legitimate emoluments of his place were great; he had sold Kensington House to the Crown for a large sum; and he had probably, after the fas.h.i.+on of that time, obtained for himself some lucrative grants. He laid out all his gains in purchasing land. He heard, he said, that his enemies meant to accuse him of having acquired wealth by illicit means. He was perfectly ready to abide the issue of an inquiry. He would not, as some ministers had done, place his fortune beyond the reach of the justice of his country. He would have no secret h.o.a.rd. He would invest nothing in foreign funds. His property should all be such as could be readily discovered and seized. [493]

During some weeks the seals which Nottingham had delivered up remained in the royal closet. To dispose of them proved no easy matter. They were offered to Shrewsbury, who of all the Whig leaders stood highest in the King's favour; but Shrewsbury excused himself, and, in order to avoid further importunity, retired into the country. There he soon received a pressing letter from Elizabeth Villiers. This lady had, when a girl, inspired William with a pa.s.sion which had caused much scandal and much unhappiness in the little Court of the Hague. Her influence over him she owed not to her personal charms,--for it tasked all the art of Kneller to make her look tolerably on canva.s.s,--not to those talents which peculiarly belong to her s.e.x,--for she did not excel in playful talk, and her letters are remarkably deficient in feminine ease and grace--, but to powers of mind which qualified her to partake the cares and guide the counsels of statesmen. To the end of her life great politicians sought her advice. Even Swift, the shrewdest and most cynical of her contemporaries, p.r.o.nounced her the wisest of women, and more than once sate, fascinated by her conversation, from two in the afternoon till near midnight. [494] By degrees the virtues and charms of Mary conquered the first place in her husband's affection. But he still, in difficult conjunctures, frequently applied to Elizabeth Villiers for advice and a.s.sistance. She now implored Shrewsbury to reconsider his determination, and not to throw away the opportunity of uniting the Whig party for ever. Wharton and Russell wrote to the same effect. In reply came flimsy and unmeaning excuses: ”I am not qualified for a court life; I am unequal to a place which requires much exertion; I do not quite agree with any party in the State; in short, I am unfit for the world; I want to travel; I want to see Spain.” These were mere pretences. Had Shrewsbury spoken the whole truth, he would have said that he had, in an evil hour, been false to the cause of that Revolution in which he had borne so great a part, that he had entered into engagements of which he repented, but from which he knew not how to extricate himself, and that, while he remained under those engagements, he was unwilling to enter into the service of the existing government. Marlborough, G.o.dolphin and Russell, indeed, had no scruple about corresponding with one King while holding office under the other. But Shrewsbury had, what was wanting to Marlborough, G.o.dolphin and Russell, a conscience, a conscience which indeed too often failed to restrain him from doing wrong, but which never failed to punish him. [495]

In consequence of his refusal to accept the Seals, the ministerial arrangements which the King had planned were not carried into entire effect till the end of the session. Meanwhile the proceedings of the two Houses had been highly interesting and important.

Soon after the Parliament met, the attention of the Commons was again called to the state of the trade with India; and the charter which had just been granted to the Old Company was laid before them. They would probably have been disposed to sanction the new arrangement, which, in truth, differed little from that which they had themselves suggested not many months before, if the Directors had acted with prudence. But the Directors, from the day on which they had obtained their charter, had persecuted the interlopers without mercy, and had quite forgotten that it was one thing to persecute interlopers in the Eastern Seas, and another to persecute them in the port of London. Hitherto the war of the monopolists against the private trade had been generally carried on at the distance of fifteen thousand miles from England. If harsh things were done, the English did not see them done, and did not hear of them till long after they had been done; nor was it by any means easy to ascertain at Westminster who had been right and who had been wrong in a dispute which had arisen three or four years before at Moorshedabad or Canton. With incredible rashness the Directors determined, at the very moment when the fate of their company was in the balance, to give the people of this country a near view of the most odious features of the monopoly. Some wealthy merchants of London had equipped a fine s.h.i.+p named the Redbridge. Her crew was numerous, her cargo of immense value.

Her papers had been made out for Alicant: but there was some reason to suspect that she was really bound for the countries lying beyond the Cape of Good Hope. She was stopped by the Admiralty, in obedience to an order which the Company obtained from the Privy Council, doubtless by the help of the Lord President. Every day that she lay in the Thames caused a heavy expense to the owners. The indignation in the City was great and general. The Company maintained that from the legality of the monopoly the legality of the detention necessarily followed. The public turned the argument round, and, being firmly convinced that the detention was illegal, drew the inference that the monopoly must be illegal too. The dispute was at the height when the Parliament met.

Pet.i.tions on both sides were speedily laid on the table of the Commons; and it was resolved that these pet.i.tions should be taken into consideration by a Committee of the whole House. The first question on which the conflicting parties tried their strength was the choice of a chairman. The enemies of the Old Company proposed Papillon, once the closest ally and subsequently the keenest opponent of Child, and carried their point by a hundred and thirty-eight votes to a hundred and six.

The Committee proceeded to inquire by what authority the Redbridge had been stopped. One of her owners, Gilbert Heathcote, a rich merchant and a stanch Whig, appeared at the bar as a witness. He was asked whether he would venture to deny that the s.h.i.+p had really been fitted out for the Indian trade. ”It is no sin that I know of,” he answered, ”to trade with India; and I shall trade with India till I am restrained by Act of Parliament.” Papillon reported that in the opinion of the Committee, the detention of the Redbridge was illegal. The question was then put, that the House would agree with the Committee. The friends of the Old Company ventured on a second division, and were defeated by a hundred and seventy-one votes to a hundred and twenty-five. [496]

The blow was quickly followed up. A few days later it was moved that all subjects of England had equal right to trade to the East Indies unless prohibited by Act of Parliament; and the supporters of the Old Company, sensible that they were in a minority, suffered the motion to pa.s.s without a division. [497]

This memorable vote settled the most important of the const.i.tutional questions which had been left unsettled by the Bill of Rights. It has ever since been held to be the sound doctrine that no power but that of the whole legislature can give to any person or to any society an exclusive privilege of trading to any part of the world.

The opinion of the great majority of the House of Commons was that the Indian trade could be advantageously carried on only by means of a joint stock and a monopoly. It might therefore have been expected that the resolution which destroyed the monopoly of the Old Company would have been immediately followed by a law granting a monopoly to the New Company. No such law, however, was pa.s.sed. The Old Company, though not strong enough to defend its own privileges, was able, with the help of its Tory friends, to prevent the rival a.s.sociation from obtaining similar privileges. The consequence was that, during some years, there was nominally a free trade with India. In fact, the trade still lay under severe restrictions. The private adventurer found indeed no difficulty in sailing from England; but his situation was as perilous as ever when he had turned the Cape of Good Hope. Whatever respect might be paid to a vote of the House of Commons by public functionaries in London, such a vote was, at Bombay or Calcutta, much less regarded than a private letter from Child; and Child still continued to fight the battle with unbroken spirit. He sent out to the factories of the Company orders that no indulgence should be shown to the intruders. For the House of Commons and for its resolutions he expressed the bitterest contempt. ”Be guided by my instructions,” he wrote, ”and not by the nonsense of a few ignorant country gentlemen who have hardly wit enough to manage their own private affairs, and who know nothing at all about questions of trade.” It appears that his directions were obeyed.

Every where in the East, during this period of anarchy, servant of the Company and the independent merchant waged war on each other, accused each other of piracy, and tried by every artifice to exasperate the Mogul government against each other. [498]

The three great const.i.tutional questions of the preceding year were, in this year, again brought under the consideration of Parliament. In the first week of the session, a Bill for the Regulation of Trials in cases of High Treason, a Triennial Bill, and a Place Bill were laid on the table of the House of Commons.

None of these bills became a law. The first pa.s.sed the Commons, but was unfavourably received by the Peers. William took so much interest in the question that he came down to the House of Lords, not in his crown and robes, but in the ordinary dress of a gentleman, and sate through the whole debate on the second reading. Caermarthen spoke of the dangers to which the State was at that time exposed, and entreated his brethren not to give, at such a moment, impunity to traitors. He was powerfully supported by two eminent orators, who had, during some years, been on the uncourtly side of every question, but who, in this session, showed a disposition to strengthen the hands of the government, Halifax and Mulgrave. Marlborough, Rochester and Nottingham spoke for the bill; but the general feeling was so clearly against them that they did not venture to divide. It is probable, however, that the reasons urged by Caermarthen were not the reasons which chiefly swayed his hearers. The Peers were fully determined that the bill should not pa.s.s without a clause altering the const.i.tution of the Court of the Lord High Steward: they knew that the Lower House was as fully determined not to pa.s.s such a clause; and they thought it better that what must happen at last should happen speedily, and without a quarrel. [499]

The fate of the Triennial Bill confounded all the calculations of the best informed politicians of that time, and may therefore well seem extraordinary to us. During the recess, that bill had been described in numerous pamphlets, written for the most part by persons zealous for the Revolution and for popular principles of government, as the one thing needful, as the universal cure for the distempers of the State. On the first, second and third readings in the House of Commons no division took place. The Whigs were enthusiastic. The Tories seemed to be acquiescent. It was understood that the King, though he had used his Veto for the purpose of giving the Houses an opportunity of reconsidering the subject, had no intention of offering a pertinacious opposition to their wishes. But Seymour, with a cunning which long experience had matured, after deferring the conflict to the last moment, s.n.a.t.c.hed the victory from his adversaries, when they were most secure.

When the Speaker held up the bill in his hands, and put the question whether it should pa.s.s, the Noes were a hundred and forty-six, the Ayes only a hundred and thirty-six. [500] Some eager Whigs flattered themselves that their defeat was the effect of a surprise, and might be retrieved. Within three days, therefore, Monmouth, the most ardent and restless man in the whole party, brought into the Upper House a bill substantially the same with that which had so strangely miscarried in the Lower. The Peers pa.s.sed this bill very expeditiously, and sent it down to the Commons. But in the Commons it found no favour. Many members, who professed to wish that the duration of parliaments should be limited, resented the interference of the hereditary branch of the legislature in a matter which peculiarly concerned the elective branch.

The subject, they said, is one which especially belongs to us; we have considered it; we have come to a decision; and it is scarcely parliamentary, it is certainly most indelicate, in their Lords.h.i.+ps, to call upon us to reverse that decision. The question now is, not whether the duration of parliaments ought to be limited, but whether we ought to submit our judgment to the authority of the Peers, and to rescind, at their bidding, what we did only a fortnight ago. The animosity with which the patrician order was regarded was inflamed by the arts and the eloquence of Seymour. The bill contained a definition of the words, ”to hold a Parliament.” This definition was scrutinised with extreme jealousy, and was thought by many, with very little reason, to have been framed for the purpose of extending the privileges, already invidiously great, of the n.o.bility. It appears, from the scanty and obscure fragments of the debates which have come down to us, that bitter reflections were thrown on the general conduct, both political and judicial, of the Peers. Old t.i.tus, though zealous for triennial parliaments, owned that he was not surprised at the ill humour which many gentlemen showed. ”It is true,” he said, ”that we ought to be dissolved; but it is rather hard, I must own, that the Lords are to prescribe the time of our dissolution. The Apostle Paul wished to be dissolved; but, I doubt, if his friends had set him a day, he would not have taken it kindly of them.” The bill was rejected by a hundred and ninety-seven votes to a hundred and twenty-seven. [501]