ture, in guarding against these excesses, had discountenanced and repressed legitimate agitation. The advocates of parliamentary reform had been confounded with Jacobins, and fomenters of revolution. Men who boldly impeached the conduct of their rulers, had been punished for sedition. The discussion of grievances, the highest privilege of freemen, had been checked and menaced. The assertion of popular rights had been denounced by ministers, and frowned upon by society, until low demagogues were able to supplant the natural leaders of the people, in the confidence of those classes who most needed safe guidance. Authority was placed in constant antagonism to large masses of people, who had no voice in the government of their country. Mutual distrust and alienation grew up between them. The people lost confidence in rulers whom they knew only by oppressive taxes, and harsh laws severely administered. The government, harassed by suspicions of disaffection, detected conspiracy and treason in every murmur of popular discontent.1

Hitherto the government had prevailed over every adverse influence. It had defied parlia

Final domination of

authority.

opinion over mentary opposition by never-failing majorities: it had trampled upon the press; it had stifled public discussion. In quelling sedition,

1 On May 12th, 1817, Earl Grey truly said: 'It is no longer the encroachments of power, of which we are jealous, but the too great extension of freedom. Every symptom of popular uneasiness, every ill-regulated effort of that spirit, without which liberty cannot exist, but which, whilst it exists, will break out into occasional excesses, affords a pretence which we seem emulous to seize, for imposing on it new restraints.'-Hans. Deb., 1st Ser., xxxvi. 446.

it had forgotten to respect liberty. But henceforward, we shall find its supremacy gradually declining, and yielding to the advancing power and intelligence of the people. The working classes were making rapid advances in numbers, industrial resources, and knowledge. Commerce and manufactures, bringing them together in large masses, had given them coherence and force. Education had been widely extended; and discontent had quickened political inquiry. The press had contributed to the enlightenment of the people. Even demagogues who had misled them, yet stirred up their minds to covet knowledge, and to love freedom, The numbers, wealth, and influence of the middle classes had been extended, to a degree unknown at any former period. A new society had sprung up, outnumbering the limited class by whom the state was governed; and rapidly gaining upon them, in enlightenment and social influence. Superior to the arts of demagogues, and with every incitement to loyalty and patriotism, their extended interests and important position led them to watch, with earnestness and sober judgment, the course of public affairs. Their views were represented by the best public writers of the time, whose cultivated taste and intellectual resources received encouragement from their patronage. Hence was formed a public opinion of greater moral force and authority. The middle classes were with ministers in quelling sedition: but against them. when they menaced freedom. During the war they had generally sided with the government: but after the peace, the unconciliatory policy of ministers,

a too rigorous repression of the press, and restraints upon public liberty, tended to estrange those who found their own temperate opinions expressed by the leaders of the Parliamentary opposition. Their adhesion to the Whigs was the commencement of a new political era,'-fruitful of constitutional growth and renovation. Confidence was established between constitutional statesmen in Parliament, and the most active and inquiring minds of the country. Agitation, no longer left to demagogues and operatives, but uniting the influence of all classes under eminent leaders, became an instrument for influencing the deliberations of Parliament,-as legitimate as it was powerful.

From this time, public opinion became a power which ministers were unable to subdue, and to which statesmen of all parties learned, more and more, to defer. In the worst of times, it had never been without its influence: but from the accession of George IV. it gathered strength until it was able, as we shall see, to dominate over ministers and parliaments.

Meanwhile, the severities of the law failed to suppress libels,2 or to appease discontents.

The press not purified by rigour.

Complaints of both evils were as rife as ever. A portion of the press still abounded in libels

See supra, p. 186.

2 Mr. Fremantle, writing to the Marquess of Buckingham, Aug. 30th, 1820, says: The press is completely open to treason, sedition, blasphemy, and falsehood, with impunity.' I don't know whether you see Cobbett's Independent Whig, and many other papers now circulating most extensively, and which are dangerous much beyond anything I can describe. I have an opportunity of seeing them, and can speak, therefore, from knowledge.'-Court and Cabinets of Geo. IV., i. 68; Cockburn's Mem., 308.

Society,

1821.

upon public and private character, which the moral tone of its readers did not yet discourage. It was not in default of legal repression that such libels were published: but because they were acceptable to the vitiated taste of the lower classes of that day. If severity could have suppressed them, the unthankful efforts of the attorney-general, the secretary of state, and the magistrates, would have long since been crowned with success. But in 1821, the The ConConstitutional Association officiously ten- stitutional dered its intervention, in the execution of the law. The dangers of such a scheme had been exposed nearly thirty years before; and were at once acknowledged in a more enlightened and dispassionate age. This association even ventured to address a circular to every justice of the peace, expounding the law of libel. An irresponsible combination, embracing magistrates and jurymen throughout the country, and almost exclusively of one political party, threatened the liberty of the press, and the impartial administration of justice. The Court of King's Bench, sensible of these dangers, allowed members of the association to be challenged as jurors; and discussions in Parliament, opportunely raised by Mr. Brougham and Mr. Whitbread, completed the discomfiture of those zealous gentlemen, whom the vigilance of Lord Sidmouth, the activity of the attorney-general, and the zeal of country justices had failed to satisfy. Had ministers

1 See supra, p. 291.

2 Ann. Reg., 1821, p. 205; Edinb. Rev., vol. xxxvii. (1821) 114-131; Hans. Deb., 2nd Ser., v. 891, 1046, 1487-1491.

1

needed any incitement to vigour, they would have received it from the king himself, who took the deepest personal interest in prosecutions of the press; and from men of rank and influence, who were oversensitive to every political danger.2

Catholic

It

The government had soon to deal with a political organisation more formidable than any Association. which had hitherto needed its vigilance,— the Catholic Association in Ireland. The objects, constitution, and proceedings of this body demand especial notice, as exemplifying the bounds within which political agitation may be lawfully practised. To obtain the repeal of statutes imposing civil disabilities upon five-sixths of the population of Ireland, was a legitimate object of association. was no visionary scheme, tending to the subversion of the state but a practical measure of relief, which had been urged upon the legislature by the first statesmen of the time. To attain this end, it was lawful to instruct and arouse the people, by speeches and tracts, and by appeals to their reason and feelings. It was also lawful to demonstrate to Parliament the unanimity and earnestness of the people, in demanding a redress of grievances; and to influence its deliberations by the moral force of a

On January 9th, 1821, His Majesty wrote to Lord Eldon: As the courts of law will now be open within a few days, I am desirous to know the decision that has been taken by the attorney-general upon the mode in which all the vendors of treason, and libellers, such as Benbow, &c. &c., are to be prosecuted. This is a measure so vitally indispensable to my feelings, as well as to the country, that I must insist that no further loss of time should be suffered to elapse before proceedings be instituted.'-Court and Cabinets of Geo. IV., i. 107.

2 Ibid., 121, &c.; Lord Colchester's Mem., iii. 87, &c.