When, some time later, the Tory Government brought in a bill to prevent public meetings in the Parks, I not only spoke strongly in opposition to it, but formed one of a number of advanced Liberals, who, aided by the very late period of the session, succeeded in defeating the Bill by what is called talking it out. It has not since been renewed.
On Irish affairs also I felt bound to take a decided part. I was one of the foremost in the deputation of Members of Parliament who prevailed on Lord Derby to spare the life of the condemned Fenian insurgent, General Burke. The Church question was so vigorously handled by the leaders of the party, in the session of 1868, as to require no more from me than an emphatic adhesion: but the land question was by no means in so advanced a position; the superstitions of landlordism had up to that time been little challenged, especially in Parliament, and the backward state of the question, so far as concerned the Parliamentary mind, was evidenced by the extremely mild measure brought in by Lord Russell's government in 1866, which nevertheless could not be carried. On that bill I delivered one of my most careful speeches, in which I attempted to lay down some of the principles of the subject, in a manner calculated less to stimulate friends, than to conciliate and convince opponents. The engrossing subject of Parliamentary Reform prevented either this bill, or one of a similar character brought in by Lord Derby's Government, from being carried through. They never got beyond the second reading. Meanwhile the signs of Irish disaffection had become much more decided; the demand for complete separation between the two countries had assumed a menacing aspect, and there were few who did not feel that if there was still any chance of reconciling Ireland to the British connection, it could only be by the adoption of much more thorough reforms in the territorial and social relations of the country, than had yet been contemplated. The time seemed to me to have come when it would be useful to speak out my whole mind; and the result was my pamphlet England and Ireland, which was written in the winter of 1867, and published shortly before the commencement of the session of 1868. The leading features of the pamphlet were, on the one hand, an argument to show the undesirableness, for Ireland as well as England, of separation between the countries, and on the other, a proposal for settling the land question by giving to the existing tenants a permanent tenure, at a fixed rent, to be assessed after due inquiry by the State.
The pamphlet was not popular, except in Ireland, as I did not expect it to be. But, if no measure short of that which I proposed would do full justice to Ireland, or afford a prospect of conciliating the mass of the Irish people, the duty of proposing it was imperative; while if, on the other hand, there was any intermediate course which had a claim to a trial, I well knew that to propose something which would be called extreme, was the true way not to impede but to facilitate a more moderate experiment. It is most improbable that a measure conceding so much to the tenantry as Mr. Gladstone's Irish Land Bill, would have been proposed by a Government, or could have been carried through Parliament, unless the British public had been led to perceive that a case might be made, and perhaps a party formed, for a measure considerably stronger. It is the character of the British people, or at least of the higher and middle classes who pass muster for the British people, that to induce them to approve of any change, it is necessary that they should look upon it as a middle course: they think every proposal extreme and violent unless they hear of some other proposal going still farther, upon which their antipathy to extreme views may discharge itself. So it proved in the present instance; my proposal was condemned, but any scheme for Irish Land reform short of mine, came to be thought moderate by comparison. I may observe that the attacks made on my plan usually gave a very incorrect idea of its nature. It was usually discussed as a proposal that the State should buy up the land and become the universal landlord; though in fact it only offered to each individual landlord this as an alternative, if he liked better to sell his estate than to retain it on the new conditions; and I fully anticipated that most landlords would continue to prefer the position of landowners to that of Government annuitants, and would retain their existing relation to their tenants, often on more indulgent terms than the full rents on which the compensation to be given them by Government would have been based. This and many other explanations I gave in a speech on Ireland, in the debate on Mr. Maguire's Resolution, early in the session of 1868. A corrected report of this speech, together with my speech on Mr. Fortescue's Bill, has been published (not by me, but with my permission) in Ireland.
Another public duty, of a most serious kind, it was my lot to have to perform, both in and out of Parliament, during these years. A disturbance in Jamaica, provoked in the first instance by injustice, and exaggerated by rage and panic into a premeditated rebellion, had been the motive or excuse for taking hundreds of innocent lives by military violence, or by sentence of what were called courts-martial, continuing for weeks after the brief disturbance had been put down; with many added atrocities of destruction of property logging women as well as men, and a general display of the brutal recklessness which usually prevails when fire and sword are let loose. The perpetrators of those deeds were defended and applauded in England by the same kind of people who had so long upheld negro slavery: and it seemed at first as if the British nation was about to incur the disgrace of letting pass without even a protest, excesses of authority as revolting as any of those for which, when perpetrated by the instruments of other governments, Englishmen can hardly find terms sufficient to express their abhorrence. After a short time, however, an indignant feeling was roused: a voluntary Association formed itself under the name of the Jamaica Committee, to take such deliberation and action as the case might admit of, and adhesions poured in from all parts of the country. I was abroad at the time, but I sent in my name to the Committee as soon as I heard of it, and took an active part in the proceedings from the time of my return. There was much more at stake than only justice to the negroes, imperative as was that consideration. The question was, whether the British dependencies, and eventually, perhaps, Great Britain itself, were to be under the government of law, or of military licence; whether the lives and persons of British subjects are at the mercy of any two or three officers however raw and inexperienced or reckless and brutal, whom a panic-stricken Governor, or other functionary, may assume the right to constitute into a so-called court-martial. This question could only be decided by an appeal to the tribunals; and such an appeal the Committee determined to make. Their determination led to a change in the chairmanship of the Committee, as the chairman, Mr. Charles Buxton, thought it not unjust indeed, but inexpedient, to prosecute Governor Eyre and his principal subordinates in a criminal court: but a numerously attended general meeting of the Association having decided this point against him, Mr. Buxton withdrew from the Committee, though continuing to work in the cause, and I was, quite unexpectedly on my own part, proposed and elected chairman. It became, in consequence, my duty to represent the Committee in the House of Commons, sometimes by putting questions to the Government, sometimes as the recipient of questions, more or less provocative, addressed by individual members to myself; but especially as speaker in the important debate originated in the session of 1866, by Mr. Buxton: and the speech I then delivered is that which I should probably select as the best of my speeches in Parliament.10 For more than two years we carried on the combat, trying every avenue legally open to us, to the Courts of Criminal Justice. A bench of magistrates in one of the most Tory counties in England dismissed our case: we were more successful before the magistrates at Bow Street; which gave an opportunity to the Lord Chief Justice of the Queen's Bench, Sir Alexander Cockburn, for delivering his celebrated charge, which settled the law of the question in favour of liberty, as far as it is in the power of a judge's charge to settle it. There, however, our success ended, for the Old Bailey Grand jury by throwing out our bill prevented the case from coming to trial. It was clear that to bring English functionaries to the bar of a criminal court for abuses of power committed against negroes and mulattoes was not a popular proceeding with the English middle classes. We had, however, redeemed, so far as lay in us, the character of our country, by showing that there was at any rate a body of persons determined to use all the means which the law afforded to obtain justice for the injured. We had elicited from the highest criminal judge in the nation an authoritative declaration that the law was what we maintained it to be; and we had given an emphatic warning to those who might be tempted to similar guilt hereafter, that, though they might escape the actual sentence of a criminal tribunal, they were not safe against being put to some trouble and expense in order to avoid it. Colonial governors and other persons in authority, will have a considerable motive to stop short of such extremities in future.
As a matter of curiosity I kept some specimens of the abusive letters, almost all of them anonymous, which I received while these proceedings were going on. They are evidence of the sympathy felt with the brutalities in Jamaica by the brutal part of the population at home. They graduated from coarse jokes, verbal and pictorial, up to threats of assassination.
Among other matters of importance in which I took an active part, but which excited little interest in the public, two deserve particular mention. I joined with several other independent Liberals in defeating an Extradition Bill introduced at the very end of the session of 1866, and by which, though surrender avowedly for political offences was not authorized, political refugees, if charged by a foreign Government with acts which are necessarily incident to all attempts at insurrection, would have been surrendered to be dealt with by the criminal courts of the Government against which they had rebelled: thus making the British Government an accomplice in the vengeance of foreign despotisms. The defeat of this proposal led to the appointment of a Select Committee (in which I was included), to examine and report on the whole subject of Extradition Treaties; and the result was, that in the Extradition Act which passed through Parliament after I had ceased to be a member, opportunity is given to any one whose extradition is demanded, of being heard before an English court of justice to prove that the offence with which he is charged, is really political. The cause of European freedom has thus been saved from a serious misfortune, and our own country from a great iniquity. The other subject to be mentioned is the fight kept up by a body of advanced Liberals in the session of 1868, on the Bribery Bill of Mr. Disraeli's Government, in which I took a very active part. I had taken counsel with several of those who had applied their minds most carefully to the details of the subject – Mr. W.D. Christie, Serjeant Pulling, Mr. Chadwick – as well as bestowed much thought of my own, for the purpose of framing such amendments and additional clauses as might make the Bill really effective against the numerous modes of corruption, direct and indirect, which might otherwise, as there was much reason to fear, be increased instead of diminished by the Reform Act. We also aimed at engrafting on the Bill, measures for diminishing the mischievous burden of what are called the legitimate expenses of elections. Among our many amendments, was that of Mr. Fawcett for making the returning officer's expenses a charge on the rates, instead of on the candidates; another was the prohibition of paid canvassers, and the limitation of paid agents to one for each candidate; a third was the extension of the precautions and penalties against bribery to municipal elections, which are well known to be not only a preparatory school for bribery at parliamentary elections, but an habitual cover for it. The Conservative Government, however, when once they had carried the leading provision of their Bill (for which I voted and spoke), the transfer of the jurisdiction in elections from the House of Commons to the Judges, made a determined resistance to all other improvements; and after one of our most important proposals, that of Mr. Fawcett, had actually obtained a majority, they summoned the strength of their party and threw out the clause in a subsequent stage. The Liberal party in the House was greatly dishonoured by the conduct of many of its members in giving no help whatever to this attempt to secure the necessary conditions of an honest representation of the people. With their large majority in the House they could have carried all the amendments, or better ones if they had better to propose. But it was late in the session; members were eager to set about their preparations for the impending General Election: and while some (such as Sir Robert Anstruther) honourably remained at their post, though rival candidates were already canvassing their constituency, a much greater number placed their electioneering interests before their public duty. Many Liberals also looked with indifference on legislation against bribery, thinking that it merely diverted public interest from the Ballot, which they considered – very mistakenly as I expect it will turn out – to be a sufficient, and the only, remedy. From these causes our fight, though kept up with great vigour for several nights, was wholly unsuccessful, and the practices which we sought to render more difficult, prevailed more widely than ever in the first General Election held under the new electoral law.
In the general debates on Mr. Disraeli's Reform Bill, my participation was limited to the one speech already mentioned; but I made the Bill an occasion for bringing the two great improvements which remain to be made in Representative Government, formally before the House and the nation. One of them was Personal, or, as it is called with equal propriety, Proportional Representation. I brought this under the consideration of the House, by an expository and argumentative speech on Mr. Hare's plan; and subsequently I was active in support of the very imperfect substitute for that plan, which, in a small number of constituencies, Parliament was induced to adopt. This poor makeshift had scarcely any recommendation, except that it was a partial recognition of the evil which it did so little to remedy. As such, however, it was attacked by the same fallacies, and required to be defended on the same principles, as a really good measure; and its adoption in a few Parliamentary elections, as well as the subsequent introduction of what is called the Cumulative Vote in the elections for the London School Board, have had the good effect of converting the equal claim of all electors to a proportional share in the representation, from a subject of merely speculative discussion, into a question of practical politics, much sooner than would otherwise have been the case.
This assertion of my opinions on Personal Representation cannot be credited with any considerable or visible amount of practical result. It was otherwise with the other motion which I made in the form of an amendment to the Reform Bill, and which was by far the most important, perhaps the only really important, public service I performed in the capacity of a Member of Parliament: a motion to strike out the words which were understood to limit the electoral franchise to males, and thereby to admit to the suffrage all women who, as householders or otherwise, possessed the qualification required of male electors. For women not to make their claim to the suffrage, at the time when the elective franchise was being largely extended, would have been to abjure the claim altogether; and a movement on the subject was begun in 1866, when I presented a petition for the suffrage, signed by a considerable number of distinguished women. But it was as yet uncertain whether the proposal would obtain more than a few stray votes in the House: and when, after a debate in which the speaker's on the contrary side were conspicuous by their feebleness, the votes recorded in favour of the motion amounted to 73 – made up by pairs and tellers to above 80 – the surprise was general, and the encouragement great: the greater, too, because one of those who voted for the motion was Mr. Bright, a fact which could only be attributed to the impression made on him by the debate, as he had previously made no secret of his nonconcurrence in the proposal. [The time appeared to my daughter, Miss Helen Taylor, to have come for forming a Society for the extension of the suffrage to women. The existence of the Society is due to my daughter's initiative; its constitution was planned entirely by her, and she was the soul of the movement during its first years, though delicate health and superabundant occupation made her decline to be a member of the Executive Committee. Many distinguished members of parliament, professors, and others, and some of the most eminent women of whom the country can boast, became members of the Society, a large proportion either directly or indirectly through my daughter's influence, she having written the greater number, and all the best, of the letters by which adhesions was obtained, even when those letters bore my signature. In two remarkable instances, those of Miss Nightingale and Miss Mary Carpenter, the reluctance those ladies had at first felt to come forward, (for it was not on their past difference of opinion) was overcome by appeals written by my daughter though signed by me. Associations for the same object were formed in various local centres, Manchester, Edinburgh, Birmingham, Bristol, and Glasgow; and others which have done much valuable work for the cause. All the Societies take the title of branches of the National Society for Women's Suffrage; but each has its own governing body, and acts in complete independence of the others.]
I believe I have mentioned all that is worth remembering of my proceedings in the House. But their enumeration, even if complete, would give but an inadequate idea of my occupations during that period, and especially of the time taken up by correspondence. For many years before my election to Parliament, I had been continually receiving letters from strangers, mostly addressed to me as a writer on philosophy, and either propounding difficulties or communicating thoughts on subjects connected with logic or political economy. In common, I suppose, with all who are known as political economists, I was a recipient of all the shallow theories and absurd proposals by which people are perpetually endeavouring to show the way to universal wealth and happiness by some artful reorganization of the currency. When there were signs of sufficient intelligence in the writers to make it worth while attempting to put them right, I took the trouble to point out their errors, until the growth of my correspondence made it necessary to dismiss such persons with very brief answers. Many, however, of the communications I received were more worthy of attention than these, and in some, oversights of detail were pointed out in my writings, which I was thus enabled to correct. Correspondence of this sort naturally multiplied with the multiplication of the subjects on which I wrote, especially those of a metaphysical character. But when I became a member of Parliament. I began to receive letters on private grievances and on every imaginable subject that related to any kind of public affairs, however remote from my knowledge or pursuits. It was not my constituents in Westminster who laid this burthen on me: they kept with remarkable fidelity to the understanding on which I had consented to serve. I received, indeed, now and then an application from some ingenuous youth to procure for him a small government appointment; but these were few, and how simple and ignorant the writers were, was shown by the fact that the applications came in about equally whichever party was in power. My invariable answer was, that it was contrary to the principles on which I was elected to ask favours of any Government. But, on the whole, hardly any part of the country gave me less trouble than my own constituents. The general mass of correspondence, however, swelled into an oppressive burthen.
[At this time, and thenceforth, a great proportion of all my letters (including many which found their way into the newspapers) were not written by me but by my daughter; at first merely from her willingness to help in disposing of a mass of letters greater than I could get through without assistance, but afterwards because I thought the letters she wrote superior to mine, and more so in proportion to the difficulty and importance of the occasion. Even those which I wrote myself were generally much improved by her, as is also the case with all the more recent of my prepared speeches, of which, and of some of my published writings, not a few passages, and those the most successful, were hers.]
While I remained in Parliament my work as an author was unavoidably limited to the recess. During that time I wrote (besides the pamphlet on Ireland, already mentioned), the Essay on Plato, published in the Edinburgh Review, and reprinted in the third volume of Dissertations and Discussions; and the address which, conformably to custom, I delivered to the University of St. Andrew's, whose students had done me the honour of electing me to the office of Rector. In this Discourse I gave expression to many thoughts and opinions which had been accumulating in me through life, respecting the various studies which belong to a liberal education, their uses and influences, and the mode in which they should be pursued to render their influences most beneficial. The position taken up, vindicating the high educational value alike of the old classic and the new scientific studies, on even stronger grounds than are urged by most of their advocates, and insisting that it is only the stupid inefficiency of the usual teaching which makes those studies be regarded as competitors instead of allies, was, I think, calculated, not only to aid and stimulate the improvement which has happily commenced in the national institutions for higher education, but to diffuse juster ideas than we often find, even in highly educated men, on the conditions of the highest mental cultivation.
During this period also I commenced (and completed soon after I had left Parliament) the performance of a duty to philosophy and to the memory of my father, by preparing and publishing an edition of the Analysis of the Phenomena of the Human Mind, with notes bringing up the doctrines of that admirable book to the latest improvements in science and in speculation. This was a joint undertaking: the psychological notes being furnished in about equal proportions by Mr. Bain and myself, while Mr. Grote supplied some valuable contributions on points in the history of philosophy incidentally raised, and Dr. Andrew Findlater supplied the deficiencies in the book which had been occasioned by the imperfect philological knowledge of the time when it was written. Having been originally published at a time when the current of metaphysical speculation ran in a quite opposite direction to the psychology of Experience and Association, the Analysis had not obtained the amount of immediate success which it deserved, though it had made a deep impression on many individual minds, and had largely contributed, through those minds, to create that more favourable atmosphere for the Association Psychology of which we now have the benefit. Admirably adapted for a class book of the Experience Metaphysics, it only required to be enriched, and in some cases corrected, by the results of more recent labours in the same school of thought, to stand, as it now does, in company with Mr. Bain's treatises, at the head of the systematic works on Analytic psychology.
In the autumn of 1868 the Parliament which passed the Reform Act was dissolved, and at the new election for Westminster I was thrown out; not to my surprise, nor, I believe, to that of my principal supporters, though in the few days preceding the election they had become more sanguine than before. That I should not have been elected at all would not have required any explanation; what excites curiosity is that I should have been elected the first time, or, having been elected then, should have been defeated afterwards. But the efforts made to defeat me were far greater on the second occasion than on the first. For one thing, the Tory Government was now struggling for existence, and success in any contest was of more importance to them. Then, too, all persons of Tory feelings were far more embittered against me individually than on the previous occasion; many who had at first been either favourable or indifferent, were vehemently opposed to my re-election. As I had shown in my political writings that I was aware of the weak points in democratic opinions, some Conservatives, it seems, had not been without hopes of finding me an opponent of democracy: as I was able to see the Conservative side of the question, they presumed that, like them, I could not see any other side. Yet if they had really read my writings, they would have known that after giving full weight to all that appeared to me well grounded in the arguments against democracy, I unhesitatingly decided in its favour, while recommending that it should be accompanied by such institutions as were consistent with its principle and calculated to ward off its inconveniences: one of the chief of these remedies being Proportional Representation, on which scarcely any of the Conservatives gave me any support. Some Tory expectations appear to have been founded on the approbation I had expressed of plural voting, under certain conditions: and it has been surmised that the suggestion of this sort made in one of the resolutions which Mr. Disraeli introduced into the House preparatory to his Reform Bill (a suggestion which meeting with no favour, he did not press), may have been occasioned by what I had written on the point: but if so, it was forgotten that I had made it an express condition that the privilege of a plurality of votes should be annexed to education, not to property, and even so, had approved of it only on the supposition of universal suffrage. How utterly inadmissible such plural voting would be under the suffrage given by the present Reform Act, is proved, to any who could otherwise doubt it, by the very small weight which the working classes are found to possess in elections, even under the law which gives no more votes to any one elector than to any other.
While I thus was far more obnoxious to the Tory interest, and to many Conservative Liberals than I had formerly been, the course I pursued in Parliament had by no means been such as to make Liberals generally at all enthusiastic in my support. It has already been mentioned, how large a proportion of my prominent appearances had been on questions on which I differed from most of the Liberal party, or about which they cared little, and how few occasions there had been on which the line I took was such as could lead them to attach any great value to me as an organ of their opinions. I had moreover done things which had excited, in many minds, a personal prejudice against me. Many were offended by what they called the persecution of Mr. Eyre: and still greater offence was taken at my sending a subscription to the election expenses of Mr. Bradlaugh. Having refused to be at any expense for my own election, and having had all its expenses defrayed by others, I felt under a peculiar obligation to subscribe in my turn where funds were deficient for candidates whose election was desirable. I accordingly sent subscriptions to nearly all the working class candidates, and among others to Mr. Bradlaugh. He had the support of the working classes; having heard him speak, I knew him to be a man of ability and he had proved that he was the reverse of a demagogue, by placing himself in strong opposition to the prevailing opinion of the democratic party on two such important subjects as Malthusianism and Personal Representation. Men of this sort, who, while sharing the democratic feelings of the working classes, judged political questions for themselves, and had courage to assert their individual convictions against popular opposition, were needed, as it seemed to me, in Parliament, and I did not think that Mr. Bradlaugh's anti-religious opinions (even though he had been intemperate in the expression of them) ought to exclude him. In subscribing, however, to his election, I did what would have been highly imprudent if I had been at liberty to consider only the interests of my own re-election; and, as might be expected, the utmost possible use, both fair and unfair, was made of this act of mine to stir up the electors of Westminster against me. To these various causes, combined with an unscrupulous use of the usual pecuniary and other influences on the side of my Tory competitor, while none were used on my side, it is to be ascribed that I failed at my second election after having succeeded at the first. No sooner was the result of the election known than I received three or four invitations to become a candidate for other constituencies, chiefly counties; but even if success could have been expected, and this without expense, I was not disposed to deny myself the relief of returning to private life. I had no cause to feel humiliated at my rejection by the electors; and if I had, the feeling would have been far outweighed by the numerous expressions of regret which I received from all sorts of persons and places, and in a most marked degree from those members of the liberal party in Parliament, with whom I had been accustomed to act.