The Irish corporations were included in the inquiry, which commenced in 1833. The Irish Commissioners took for their local investigations the one hundred and seventeen places which had sent representatives to the Irish Parliament. They found everywhere the grossest abuses. By an Act of George II., residence had been dispensed with as a qualification for corporate offices. The effect of this was to deprive a large number of them of a resident governing body. In some cases a few, very rarely a majority, of the municipal council were inhabitants of the town. In others, the whole chartered body of burgesses were non-resident, and they attended as a mere matter of form, to go through the farce of electing members of Parliament, or for the purpose of disposing of the corporate property. In some boroughs the charter gave the nomination of a member of Parliament to the lord of the manor or some local proprietor. In others the power of returning the Parliamentary representative was vested in a small self-elected body of freemen; almost invariably the power of nomination was actually possessed by the gentleman known as the "patron" or "proprietor," who could dispose of the seat as he thought proper, and if not reserved for himself or some member of his family, it was sold for the highest price it would bring in the markettreated in every respect as absolute property, which was transmitted, like the family estate, from father to son. This property was fully recognised at the union, and it was by buying it up at an exceedingly liberal price that Lord Castlereagh was enabled to carry that measure. By the Act of union a large number of those rotten corporations, some of which had not even a hamlet to represent, were swept away. But a considerable number remained, and of these the Commissioners of inquiry remarked:"This system deserves peculiar notice in reference to your Majesty's Roman Catholic subjects. In the close boroughs they are almost universally excluded from all corporate privileges. In the more considerable towns they have rarely been admitted even as freemen, and, with few exceptions, they are altogether excluded from the governing bodies. In someand among these is the most important corporation in Ireland, that of Dublintheir admission is still resisted on avowed principles of sectarian distinction. The exclusive spirit operates far more widely and more mischievously than by the mere denial of equal privileges to persons possessing perfect equality of civil worth; for in places where the great mass of the population is Roman Catholicand persons of that persuasion are for all efficient purposes excluded from corporate privilegesthe necessary result is that the municipal magistracy belongs entirely to the other religious persuasions; and the dispensation of local justice, and the selection of juries being committed to the members of one class exclusively, it is not surprising that such administration of the law should be regarded with distrust and suspicion by the other and more numerous body."
On the 16th of August a party of English soldiers, sent by the Governor of Fort Augustus to reinforce the garrison at Fort William, were assailed by a number of Keppoch's Highlanders in the narrow pass of High Bridge. They attempted to retreat when they found they could not reach their antagonists in their ambush, but they were stopped by a fresh detachment of the followers of Lochiel, and compelled to lay down their arms. Five or six of them were killed, and their leader, Captain Scott, was wounded. They received the kindest treatment from the conquerors, and as the Governor of Fort Augustus refused to trust a surgeon amongst them to dress the wounds of Captain Scott, Lochiel immediately allowed Scott to return to the fort on his parole, and received the rest of the wounded into his house at Auchnacarrie.
At length the Duke of Cumberland arrived from Flanders, and foreign and English troops were assembled in the Midland counties; Marshal Wade had also ten thousand men collected at Newcastle-on-Tyne. The Duke of Cumberland was appointed Commander-in-Chief, and the brave soldiers who had fought under him at Fontenoy were ready to follow him, in the highest confidence of making short work with the Highlanders.On the 17th of July the new Premier, Lord Melbourne, who, declining, on the king's suggestion, to form a coalition with the Duke of Wellington and Mr. Stanley, had made few alterations in the Ministry, announced a less offensive Coercion Bill for Ireland, which led to an animated debate, in which Lords Wicklow and Wharncliffe, the Duke of Wellington, and other peers strongly censured the conduct of the Government for its alleged inconsistency, vacillation, and tergiversation. The new Coercion Bill passed quickly through both Houses, and became the law of the land before the end of the month. The Tithes Bill was rejected in the House of Lords, on the motion of Lord Ellenborough, by 189 votes to 122.Another ground of attack upon the Government at the opening of the Session was their conduct in not bringing up Mr. O'Connell for judgment. It was alleged that they had entered into a corrupt compromise with the great Irish agitator, in order to avert his hostility and secure his support at the elections. This was indignantly denied both by Mr. Stanley and Lord Plunket. They contended that as the Act expired with the Parliament, so did the conviction, and that Mr. O'Connell could not be legally punished. This was the opinion of the law officers of the Crown in Ireland, an opinion in[336] which the English law officers concurred. Mr. Stanley said:"Not only was there no collusion or compromise, but I should have been most glad if Mr. O'Connell could have been brought up for judgment; but then we have been told that we ought not to have dissolved Parliament, because by so doing Mr. O'Connell had escaped. Now, no man can be more sensible than I am of the importance of showing to the people of Ireland that if Mr. O'Connell chooses to go beyond the law, he is not above the law; but, without meaning the slightest disrespect to Mr. O'Connell, I must say that if I put on the one hand the success of a great and important measure like the Reform Bill, and on the other the confinement of Mr. O'Connell in his Majesty's gaol of Kilmainham for three, six, or nine months, I must say that what became of Mr. O'Connell was as dust in the balance. Besides, the impression of the supremacy of the law was made upon the people by the fact of the verdict having been obtained against him, and an immediate change was wrought in the system of agitation, which, indeed, ceased. Such being the case, the question of what might be the personal consequences to any individual by the dissolution became of still less importance than it was before."A new and surprising phenomenon was discovered in the attacks upon Ministers for these concessions: Fox and North were in coalition! Fox, who so lately had declared North and his colleagues men "void of every principle of honour and honesty," and who would consent, should he ever make terms with them, to be called "the most infamous of mankind," now as warmly declared that he had ever found Lord Norththis man void of honour and honestya man always "open and sincere as a friend, honourable and manly as an enemy, above practising subterfuges, tricks, and stratagems." Lord North, on his side, repaid the compliments of Fox, growing enthusiastic on the genius, eloquence, and generous nature of that statesman. "While I admire the vast extent of his understanding," exclaimed North, "I can rely on the goodness of his heart." The coalition was looked upon with disfavour, but it was justified to a considerable extent during the debate on the peace. Lord John Cavendish truly represented that France and Spain were on the verge of ruin; that Holland was in an exhausted and helpless condition; and that as for America, it was in the very gulf of destitution, the people refusing to pay the taxes ordered by[300] Congress for the continuance of the war. And it was to such defeated and demolished enemies that Ministers had conceded almost everything they had asked. Lord North turned more particularly to the concession made to the French in the East Indies. It was in that quarter, he said, that he looked for a consolidated and expanding empire, calculated to recompense us, and more than recompense us, for the loss of America. From that splendid continent we had completely driven the French, and the soundest policy dictated their continued firm exclusion from it. Yet here had Ministers most fatally readmitted them, to renew their old plots and alliances against us, by which they would to a certainty continue to harass, thwart, and weaken us, till we once more went through the ruinous and sanguinary process of expulsion. He was equally severe on the surrender of Minorca and the Floridas to Spain, and the admission of the unconceding, unconciliating Americans to our own proper fishing grounds. Fox called on Ministers to produce the treaty which he had sketched a few months before, and to see what very different terms he had demanded, and would have exacted. That the sense of the House went with these sentiments was shown by both the amendments of the Coalition being carried by a majority of sixteen. Lord John Cavendish moved another resolution strongly condemning the terms of the treaty, but consented that the peace now made should remain inviolate. This was also carried, by a majority of seventeen, being two hundred and seven votes against one hundred and ninety.The system of exclusive dealing thus recommended was a system of social corruption and social persecution, while the attempt to serve Ireland by the exclusive use of articles of Irish produce only showed Mr. O'Connell's ignorance of political economy. The system, however, was soon abandoned.