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corporations were not destined to fall, like the Scotch burghs, without a struggle.

Corporations

1835.

In 1835, Lord Melbourne's government introduced a bill for the reconstitution of the Irish corporations, (Ireland) Bill, upon the same principles as those already applied to other parts of the United Kingdom. It was passed by the Commons without much discussion; but was not proceeded with in the Lords, on account of the late period of the session. In the following year it

Renewed in 1836.

was renewed, with some modifications; 2 when it encountered new obstacles. The Protestant party in Ireland were suffering under grave discouragements. Catholic emancipation and parliamentary reform had overthrown their dominion: their church was impoverished by the refusal of tithes, and threatened with an appropriation of her revenues; and now their ancient citadels, the corporations, were invested. Here they determined to take their stand. Their leaders, however, unable openly to raise this issue, combated the measure on other grounds. Adverting to the peculiar condition of Ireland, they claimed an exceptional form of local government. Hitherto, it was said, all local jurisdiction had been exercised by one exclusive party. Popular election would place it in the hands of another party, no less dominant. If the former system had caused distrust in local government and in the administration of justice, the proposed system would cause equal jealousy on the other side. Catholic ascendency would now be the rule of municipal government. Nor was there a middle class in Ireland equal to the functions proposed to be intrusted to them. The wealth and intelligence of Protestants would be overborne and outnumbered by an inferior class of Catholic townsmen. It was denied that boroughs had ever enjoyed a popular franchise. The corporations prior to James I. had been founded as outworks of English authority, among a 1 Hans. Deb., 3d Ser., xxx. 230, 614, &c.

2 Ibid., xxxi. 496, 1019.

hostile people; and after that period, as citadels of Protestant ascendency. It was further urged that few of the Irish boroughs required a municipal organization. On these grounds Sir Robert Peel and the opposition proposed a fundamental change in the ministerial scheme. They consented to the abolition of the old corporations; but declined to establish new municipal bodies in their place. They proposed to provide for the local administration of justice by sheriffs and magistrates appointed by the crown: to vest all corporate property in royal commissioners, for distribution. for municipal purposes; and to intrust the police and local government of towns to boards elected under the General Lighting and Watching Act of 1828.1

The Commons would not listen to proposals for denying municipal government to Ireland and vesting local authority in officers appointed by the crown, but the Lords eagerly accepted them; and the bill was lost.2

1837.

In the following year, a similar measure was again passed by the Commons, but miscarried in the other House Bill of by reason of delays and the king's death. In 1838, of the situation of parties and the determined resist- 1838–39. ance of the Lords to the Irish policy of the government, brought about concessions and compromise. Ministers, by abandoning the principle of appropriation, in regard to the Irish Church revenues, at length attained a settlement of the tithe question; and it was understood that the Lords would accept a corporation bill. Yet in this and the following years the two Houses disagreed upon the municipal franchise and other provisions; and again the ministerial measures were abandoned. In 1840, a sixth bill was introduced, in which large concessions 1840. were made to the Lords. Further amendments, however, were introduced by their lordships, which ministers and the 1 Debates on second reading, Feb. 29th, and on Lord F. Egerton's instruction, March 7th.-Hans. Deb., 3d Ser., xxxi. 1050, 1308.

2 Hans. Deb., 3d Ser., xxxiv. 963, &c.

Ibid., li. 641; liii. 1160; lv. 183, 1216.

Bill of

Commons were constrained to accept. The tedious controversy of six years was at length closed; but the measure virtually amounted to a scheme of municipal disfranchise

ment.

The Irish

Local Improvement and Police Acts.

Ten corporations only were reconstituted by the bill, with a ten-pound franchise. Fifty-eight were abolCorporations ished; but any borough with a population exAct, 1840. ceeding 3000 might obtain a charter of incorporation. The local affairs and property of boroughs deprived of corporations were to be under the management of commissioners elected according to the provisions of the General Lighting and Watching Act, or of the poor-law guardians. The measure was a compromise; and, however imperfect as a general scheme of local government, it at least corrected the evils of the old system, and closed an irritating contest between two powerful parties. The reconstitution of municipal corporations upon a popular basis has widely extended the principle of local self-government. The same principle has been applied, without reserve, to the management of other local affairs. Most of the principal towns of the United Kingdom have obtained local Acts, at different times, for improvements, for lighting, paving, and police, for waterworks, for docks and harbors; and in these measures, the principle of elected and responsible boards has been accepted as the rule of local administration. The functions exercised under these Acts are of vast importance, not only to the localities immediately concerned, but to the general welfare of the community. The local administration of Liverpool resembles that of a maritime state. In the order and wise government of large populations by local authority, rests the general security of the realm. And this authority is everywhere based upon representation and responsibility. In other words, the people who dwell in towns have been permitted to govern themselves.

1 Schedules B and C of Act.
2 3 & 4 Vict. c. 108.

constituted

Extensive powers of administration have also been intrusted to local boards constituted under general Local boards statutes for the sanitary regulation, improvement, under and police of towns and populous districts. Again, general Acts. the same principle was adopted in the election of boards of guardians for the administration of the new poor-laws, throughout the United Kingdom. And lastly, in 1855, the local affairs of the metropolis were intrusted to the Metropolitan Board of Works, - a free municipal assembly, elected by a popular constituency, and exercising extended powers of taxation and local management.2

Sessions.

The sole local administration, indeed, which has still been left without representation, is that of counties; Courts of where rates are levied and expenditure sanctioned Quarter by magistrates appointed by the crown. Selected from the nobles and gentry of the county for their position, influence, and character, the magistracy undoubtedly afford a virtual representation of its interests. The foremost men assemble and discuss the affairs in which they have themselves the greatest concern; but the principles of election and responsibility are wanting. This peculiarity was noticed in 1836 by the commission on county rates; and efforts have since been made, first by Mr. Hume,1 and afterwards by Mr. Milner Gibson, to introduce responsibility into county administration. It was proposed to establish financial boards, constituted of members elected by boards of guardians, and

8

1 Public Health Act, 1848; Local Government Act, 1858; Toulmin Smith's Local Government Act, 1858; Glen's Law of Public Health and Local Government; Police (Scotland) Acts, 1850; Towns' Improvement (Scotland) Act, 1860; Police and Improvement (Scotland) Act, 1862, consolidating previous Acts.

2 Metropolis Local Management Acts, 1855, 1862. Toulmin Smith's Metropolis Local Management Act. 8 The Commissioners said:

....

"No other tax of such magnitude is laid upon the subject, except by his representatives." . . . . "The administration of this fund is the exercise of an irresponsible power intrusted to a fluctuating body."

4 In 1837 and 1839. — Hans. Deb., 3d Ser., cvi. 125.

In 1840, and subsequently. -hid., cviii. 738.

of magistrates chosen by themselves. To the representative principle itself few objections were offered; but no scheme for carrying it into effect has yet found favor with the legislature.

Counties represent the aristocratic,

Distinctive character of counties and towns.

towns the democratic principles of our constitution. In counties, territorial power, ancestral honors, family connections, and local traditions have dominion. The lords of the soil still enjoy influence and respect, little less than feudal. Whatever forms of administration may be established, their ascendency is secure. Their power is founded upon the broad basis of English society; not upon laws or local institutions. In towns, power is founded upon numbers and association. The middle classes, descendants and representatives of the stout burghers of olden times, — have sway. The wealth, abilities, and public virtues of eminent citizens may clothe them with influence; but they derive authority from the free suffrages of their fellow-citizens, among whom they dwell. The social differences of counties and towns have naturally affected the conditions of their local administration and political tendencies; but both have contributed, in different ways, to the good government of the

state.

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