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The Archbishop of Canterbury moved the rejection of the Bill; and was supported by the Archbishops of York and Armagh, the Bishops of London, Durham, and Salisbury; Lords Winchilsea, Berkeley, Tenterden, and Eldon. The chief defenders of the measure were Lords Grey, Lansdowne, Plunket, Goderich, and Lyndhurst. On a division, the second reading was carried by 217 against 112. On the 10th of April the Bill was read a third time, by a majority of 104; the numbers being 213 for it, and 109 against it. The sweeping majorities in the Lords were still more astounding than those in the Commons; and they spread the utmost consternation through the ranks of the Conservatives, who felt as if the very foundations of society were giving way, and the pillars of the Constitution were falling. The Lords had hitherto thrown out the Emancipation Bills as fast as they came to them, by majorities varying from forty to fifty. Lord Eldon was their prophet, and the old Conservative peers had followed his guidance implicitly for a quarter of a century; but during that time a generation of hereditary legislators had grown up, who had as thorough a contempt for the ex-Chancellor's antiquated prejudices as he had for their youth and[298] inexperience. Lord Eldon had, however, some compensation for being thus deserted in the House of Peers by many of his followers, and having his authority as a statesman disregarded, as well as for the marked neglect of him by the Ministry, in the sympathy and confidence of the distressed king, who was shocked beyond measure at the conduct of the House of Lords. When a reluctant consent was wrung from his Majesty to have the measure brought forward by the Cabinet, he felt, after all, that he was doing nothing very rash; he had the strongest assurance that the Bill would never pass the Lords. He told Lord Eldon that, after the Ministers had fatigued him by many hours' conversation on the painful subject, he simply said, "Go on." But he also produced copies of letters which he had written, in which he assented to their proceeding with the Bill, adding, certainly, very strong expressions of the pain and misery the consent cost him. In his perplexity he evidently wished to avail himself of Eldon's casuistry to get out of the difficulty by retracting; but the latter was constrained to tell him "it was impossible to maintain that his assent had not been expressed, or to cure the evils which were consequential."
THREE:But at length the Legislature adopted a measure which attempted to go to the root of one of the greatest evils that afflicted Ireland. This was a Bill for facilitating the transfer of encumbered estates, which was passed into law, and is generally known as the Encumbered Estates Act. It was introduced by the Solicitor-General, Sir Samuel Romilly, on the 26th of April. Nothing could be more unsatisfactory than the state of landed property in that country. Many of the estates had been in Chancery for a long series of years, under the management of receivers, and periodically let at rack-rents. Many others which were not in Chancery were so heavily mortgaged that the owners were merely nominal. Others again were so tied up by family settlements, or held by such defective titles, that they could not be transferred. Consequently, a great portion of the landed property of the country was in such a condition that capital could not be invested in it, or expended on it. The course of proceeding in Chancery was so slow, so expensive, so ruinous, and the court was so apparently incapable of reform, that nothing could be expected from that quarter. The Government, therefore, proposed to establish a commission, invested with all the powers of that court, and capable of exercising those powers in a summary manner, without delay and without expense, so that an encumbered estate could be at once sold, either wholly or in part, and a parliamentary title given, which should be good against all the world. This important measure met with general approval in both Houses. Indeed it was hailed with satisfaction by all classes of the community, with the exception of a portion of the Irish landed gentry. There were three commissioners appointed, lawyers of eminence and experience in connection with land. By a subsequent enactment in 1849, it was regulated as a permanent institution, under the title of the Landed Estates Court; the three commissioners were styled judges, ranking with the judges of the Law Courts. The number of petitions or applications for sale made to this court from the 17th of October, 1849, to the 1st of August, 1850, was 1,085, and of this number those by owners amounted to 177nearly one-sixth of the whole. The rental of the estates thus sought to be sold by the nominal proprietors, anxious to be relieved of their burdens, was 195,000 per annum, and the encumbrances affecting them amounted to no less than 3,260,000. The rental of the estates included in 1,085 applications, made by others not owners, amounted to 655,470 per annum, and the debt upon these amounted to the enormous sum of 12,400,348. One of the estates brought before the court had been in Chancery for seventy years, the original bill having been filed by Lord Mansfield in 1781. The estates were broken up into parcels for the convenience of purchasers, many of whom were the occupying tenants, and the great majority were Irishmen. Generally the properties brought their full value, estimated by the poor-law valuation, not by the rack rents which were set down in the agents' books, but never recovered. The amount of capital that lay dormant in Ireland, waiting for investment in land, may be inferred from the fact that in nine yearsfrom 1849 to 1858the sum of twenty-two millions sterling was paid for 2,380 estates. But in the pacification of Ireland the Act accomplished far less than was hoped by Sir Robert Peel, who practically forced the measure upon the Ministry. Men of capital looked for a fair percentage for their investments: many of them were merchants and solicitors, without any of the attachments that subsisted between the old race of landlords and their tenants, and they naturally dealt with land as they did with other mattersin a commercial spiritand evicted wholesale tenants who were unable to pay.
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THREE:But whatever may have been the prudence of the chiefs of the party in Britain, however quietly the suppression may have been effected on the English side of St. George's Channel, the society was very far from dying quietly, or dying at all in Ireland, its native land. It was stunned for the moment, but very soon recovered all its pristine vigour and became as troublesome as ever. Lord Mulgrave went to that country as Viceroy, determined to govern on the principle of strict impartiality between sects and parties, but the Orangemen and the Tories generally denounced him as the most partial and one-sided of Viceroys. It was enough for them that O'Connell declared him to be the best Englishman that ever came to Ireland. Eulogy from his lips was the strongest possible censure in the estimation of the opposite party. The violence of party feeling against the Government may be inferred from the fact that the Recorder of Dublin, Mr. Shaw, one of the ablest and most eloquent of the Protestant chiefs, denounced the Melbourne Administration as infidels in religion. Lord Mulgrave, imitating some of the Viceroys of old times, made a "progress" of conciliation through the country, first visiting the south and then the north. This progress was signalised by the pardon and liberation of a large number of prisoners, which produced much excitement and clamour against the Government. It subsequently appeared that he had during his viceroyalty liberated 822 prisoners, of whom 388 were liberated without advice, the number of memorials which he received being 1,631. Although he evinced his impartiality by setting free all the Orangemen who had been imprisoned in Ulster for taking part in processions on the previous 12th of July, the members of that[396] body were not conciliated. The Dublin Grand Committee published a manifesto, declaring that the mere will of the king was not law, and that their watchword should still be "No Surrender." Sir Harcourt Lees, who had been long famous as an Orange agitator, issuing counter-blasts to O'Connell's letters and speeches, concluded one of his appeals on this occasion thus:"Orangemen, increase and multiply; be tranquil, be vigilant. Put your trust in God, still revere your king, and keep your powder dry." In Ulster the organs of the Orange party called upon its members to resist the law against processions, since the provisions of the Emancipation Act against the Jesuits and other religious orders, who treated the law with defiance, were allowed to remain a dead letter. The Londonderry Sentinel warned off the Liberal Viceroy from that citadel of Protestant ascendency, and said, "If he should come among us, he shall see such a display of Orange banners as will put him into the horrors." The irritation was kept up by various incidents, such as setting aside the election of a mayor of Cork, because he was an Orangeman, setting aside two sheriffs, and the dismissal of constables for the same reason. In the meantime a tremendous outcry was raised on account of the alleged partiality of the Irish Government on the subject of patronage. It was said that every office was at the disposal of the Roman Catholics; that from the bench of justice down to the office of police-constable there was no chance for any one else. In the midst of a war of factions in the spring of 1836 a tremendous sensation was produced by the blowing up of the statue of King William on College Green. On the 8th of February, a little after midnight, this astounding event occurred. The statue stood on a pedestal eighteen feet in height, surrounded by an enclosure of iron railing, the head being about thirty feet from the level of the street. The figure consisted of lead, and though weighing several tons, it was blown up to a considerable height, and fell at some distance from the pedestal. The Government and the corporation offered rewards for the discovery of the authors of this outrage, but without success. It was a mystery how such a quantity of gunpowder could have been got into the statue, and how a train could have been laid without detection in so public a place, the police being always on duty on College Green at night. King William, however, was restored to his position.
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THREE:
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