THREE:But amid the discouragements of monetary legislation, which showed that it would require a determined contest to compel Ministers to retrench, there were symptoms of a spirit of legal and social reform amongst Parliamentary men generally which augured the approach of better times. Mr. Sturges Bourne obtained the passing of his long-advocated Poor Law Bill; but Bills for regulating settlements, and for preventing the misapplication of the poor rates, were thrown out. A Bill was passed to regulate the treatment of children in cotton factories, and to limit the hours of their employment. Mr. Brougham's Act for inquiry into the charitable foundations of England was extended, with the support of Government, so as to apply to educational as well as to all kinds of charities, except such as had special visitors, or were maintained by private subscriptions. Sir James Mackintosh also took up the humane track of labour occupied so nobly by the late Sir Samuel Romilly. On the 2nd of March he moved for the appointment of a select committee to take into consideration the subject of capital punishment as regarded felonies. This was eminently needed, for the penal laws during the reign of George III. were truly Draconian. Notwithstanding a strong opposition by Ministers, the motion was carried, amid much cheering, and on the 6th of July Sir James Mackintosh introduced the report, which[146] was ordered to be printed. Government, as if to wipe out their disgrace in resisting so humane a measure, now proposed an inquiry into the condition of gaols and other places of confinement, and into the best method of employing and reforming delinquents during their imprisonment. Some reforms were made in Scottish law. The old rights of trial by battle, and of appeals of murder, felony, or mayhem, were abolished as rendered unnecessary by the full exercise of the institution of jury, and as belonging only to a barbarous age. The severity of the Scottish law against duels was mitigated, that law pronouncing forfeiture of all movable property, and banishment against all persons sending, or even carrying, a challenge to fight a duel. The principle of that law was sound, but its severity was its own defeat. A more questionable Bill was one carried, after much opposition, called the Foreign Enlistment Bill, which was intended to check the aid of Englishmen in assisting the Spanish South American colonists in throwing off the oppressive government of the mother country. Numbers of Englishmen were engaged on the side of independence, and this Bill was vainly intended to put an end to that generous aid.In Parliament, business was brought almost to a stand by the neutralising influences of the partisans of "All the Talents." Excepting on one or two points, no great majority could be obtained on any question. There was an attempt to censure the introduction of Lord Ellenborough, as Chief Justice of the King's Bench, into the Cabinet. It was contended that it was contrary to the principle, if not the letter, of the Constitution; that, besides a judge having enough to do on the Bench, he would have to sit as a judge on such appeals to the Privy Council which might be made thither against his own decisions; that, moreover, Lord Ellenborough had suddenly changed the whole principles of his life for the sake of advancement, and in the practice of his court had, by the most rude and insolent language, never hesitated to carry causes in favour of the Government and against the popular liberties. On the part of Government it was argued that, both in Queen Anne's reign and in that of George II., the Chief Justices had had a place in the Cabinet; and the subject was evaded by carrying the previous question.
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