strument of party, uncontrolled by the crown, and beyond the immediate reach of that Parliamentary responsibility which our free constitution recognizes as necessary for the proper exercise of authority. The error was fatal to the measure itself, and to the party by whom it was committed.1 Mr. Fox's scheme having been overthrown, Mr. Pitt pro Mr. Pitt's The double ceeded to frame a measure, in which he dexterously evaded all the difficulties under which his rival had fallen. He left the Company in possession of their large powers; but subjected them to a board of control representing the crown.2 The Company was now accountable to ministers, in their rule; and minisgovernment. ters, if they suffered wrong to be done, were reboth sponsible to Parliament. At the same time, however, power and responsibility were divided; and distracted councils, an infirm executive, and a cumbrous and perplexed administration, were scarcely to be avoided in a double government. The administration of Indian affairs came frequently under the review of Parliament; but this system of double or divided government was continued, on each successive renewal Later of the privileges of the Company. In 1833, the first great change was effected in the position of the Company. Up to this time, they had enjoyed the exclusive trade with China, and other commercial privileges. This monopoly was now discontinued, and they ceased to be a trading company; but their dominion over India was confirmed for a further period of twenty years.5 The right of Parliament, however, to legislate for India was then reserved. measures. 1 Supra, Vol. I., 66; Parl. Hist., xxiii. 1224, 1255, &c.; Burke's Works iv. 1; Adolphus's Hist., iv. 34-65; Massey's Hist., iii. 196-218; Fox Mem. ii. 212-221; Lord J. Russell's Life of Fox, ii. 24-48; Lord Stanhope's Life of Pitt, i. 138. 2 24 Geo. III. c. 25. 8 Mr. Fox's Speech, Parl. Hist., xxiv. 1122; Fox Mem., ii. 254; Debates on India Bill of 1858, passim. 4 28 Geo. III c. 8; 33 Geo. III. c. 52; 53 Geo. III. c. 155. 5 3 & 4 Will. IV. c. 85. 1853. It was the last periodical renewal of the powers of the Company. In 1853, significant changes were made; India Bill, their powers being merely continued until Parlia ment should otherwise provide, and their territories being held in trust for the crown. The Court of Directors was reconstituted, being henceforth composed of twelve elected members and six nominees of the crown. At the same time, the council of the Governor-General in India was enlarged, and invested with a more legislative character. The gov ernment of India being thus drawn into closer connection with ministers, they met objections to the increase of patronage, which had been fatal to Mr. Fox's scheme, by opening the civil and medical services to competition. This measure prepared the way for a more complete identity between. the executive administration of England and India. It had a short and painful trial. The mutiny of the native army in 1857, disclosed the perils and responsibilities of England, and the necessity of establishing a single and supreme authority. The double government of Mr. Pitt was at length condemned; the powers and territories of the Company were transferred to the Queen; and the of indi administration of India was intrusted to a Secre- to the crown, tary of State, and Council. But this great change could not be accomplished without a compromise; and of the fifteen members of the council, seven were elected by the Board of Directors, and eight appointed by the crown. And again, with a view to restrict the state patronage, cadetships in the engineers and artillery were thrown open to competition.2 Government transferred 1858. The transfer of India to the crown was followed by a vigorous administration of its vast dominions. Its army was amalgamated with that of England; Indian adthe constitution of the council in India was placed 1 16 & 17 Vict. c. 95. Subsequent ministration. 2 21 & 22 Vict. c. 106. 8 23 & 24 Vict. c. 100 (discontinuing a separate European force in India); 24 & 25 Vict. c. 74; and Parl. Papers, 1860, Nos. 471, 364, &c. 2 8 upon a wider basis; the courts of judicature were remodelled; the service enlarged; and the exhausted revenues of the country regenerated. To an empire of subjugated states and Asiatic races, self-government was plainly impossible. But it has already profited by European civilization and statesmanship; and while necessarily denied freedom, its rulers are guided by the principles upon which free states are governed; and its interests are protected by a free English Parliament, a vigilant press, and an enlightened and humane people. the British Beyond these narrow isles, England has won, indeed, a Freedom of vast and glorious empire. In the history of the empire. world, no other state has known how to govern territories so extended and remote, and races of men so diverse; giving to her own kindred colonies the widest liberty and ruling, with enlightened equity, dependencies unqualified for freedom. To the Roman, Virgil proudly sang, "Tu regere imperio populos, Romane, memento: Hæ tibi erunt artes." To the Englishman may it not be said with even juster pride, "having won freedom for thyself, and used it wisely, thou hast given it to thy children, who have peopled the earth; and thou hast exercised dominion with justice and humanity!" 1 24 & 25 Vict. c. 2 Ibid., c. 104. • Ibid., c 54. CHAPTER XVIII. Improved Spirit of Legislation coincident with Liberty:- Administration of Justice: Mitigation of the Criminal Code:- Capital and Secondary Punishments: - Prisons: Police: The Poor Laws:- Lunatics:Provisions for the Social Welfare of the People: - Popular Education:— Commercial and Financial Policy:- Activity of Parliament since the Reform Act:- Conclusion. modern We have now surveyed the progress of freedom and popular influence, in all the institutions of England. Improved Everywhere we have seen the rights and liberties spirit of of the people assured, and closer relations estab- legislation. lished between the state and the community. The liberal spirit of general legislation has kept pace with this remarkable development of constitutional liberty. While the basis of power was narrow, rulers had little sympathy with the people. The spirit of their rule was hard and selfish; favoring the few at the expense of the many; protecting privileges and abuses by which the governing classes profited, but careless of the welfare of the governed. Responsibility and popular control gradually forced upon them larger views of the public interests; and more consideration for the claims of all classes to participate in the beneti's of enlightened government. With freedom there grew a stronger sense of duty in rulers; more enlightenment and humanity among the people; wiser laws, and a milder policy. The asperities of power were tempered; and the state was governed in the spirit which society approved. This improved spirit has displayed itself throughout the wide range of modern legislation; bat, in passing beyond the strict limits of constitutional history, we must content ourselves with a rapid glance at some of its more remarkable illustrations. Emoluments No example more aptly illustrates the altered relations of rulers to the people, than the revision of official of office. emoluments. Ministers once grew rich upon the gains of office; and provided for their relatives by monstrous sinecures, and appointments egregiously overpaid. To grasp a great estate out of the public service, was too often their first thought. Families were founded, titles endowed, and broken fortunes repaired, at the public expense. It was asked what an office was worth; not what services were to be rendered. This selfish and dishonest system perished under exposure; but it proved a tedious and unthankful labor to bring its abuses to the light of day. Inquiries were commenced early in the present century; but were followed by few practical results. At that time, "all abuses were freeholds," "1 which the government did not venture to invade. Mr. Joseph Hume, foremost among the guardians of public interests, afterwards applied his patient industry and fearless public spirit to this work; and, unruffled by discouragements and ridicule, he lived to see its accomplishment. Soon after the Reform Act, ministers of state accepted salaries scarcely equal to the charges of office; 2 sinecures and reversions were abolished; offices discontinued or consolidated; and the scale of official emoluments revised, and apportioned to the duties performed, throughout the public service. The change attested a higher sense of duty in ministers, and increased responsibility to public opinion. The abuses in the administration of justice, which had been suffered to grow and flourish without a check, illustrate the inert and stagnant spirit of the eighteenth century. The noble principles of Administration of Justice. 1 This happy phrase is assigned to Richard Bentley, son of Dr. Bentley. - Walpole's Mem., ii. 391. * Reports on Sinecure Offices, 1807, 1810-12, and 1834; Debates on Offices in Reversion Bill, 1807, 1808; Hans. Deb., 1st Ser., ix. 178, 1073, &c.; x. |