The History of England, from the Accession of James II — Volume 5

The attention of the Parliament was, during the remainder of the session, chiefly occupied by commercial questions. Some of those questions required so much investigation, and gave occasion to so much dispute, that the prorogation did not take place till the fifth of July. There was consequently some illness and much discontent among both Lords and Commons. For, in that age, the London season usually ended soon after the first notes of the cuckoo had been heard, and before the poles had been decked for the dances and mummeries which welcomed the genial May day of the ancient calendar. Since the year of the Revolution, a year which was an exception to all ordinary rules, the members of the two Houses had never been detained from their woods and haycocks even so late as the beginning of June.

The Commons had, soon after they met, appointed a Committee to enquire into the state of trade, and had referred to this Committee several petitions from merchants and manufacturers who complained that they were in danger of being undersold, and who asked for additional protection.

A highly curious report on the importation of silks and the exportation of wool was soon presented to the House. It was in that age believed by all but a very few speculative men that the sound commercial policy was to keep out of the country the delicate and brilliantly tinted textures of southern looms, and to keep in the country the raw material on which most of our own looms were employed. It was now fully proved that, during eight years of war, the textures which it was thought desirable to keep out had been constantly coming in, and the material which it was thought desirable to keep in had been constantly going out. This interchange, an interchange, as it was imagined, pernicious to England, had been chiefly managed by an association of Huguenot refugees, residing in London. Whole fleets of boats with illicit cargoes had been passing and repassing between Kent and Picardy. The loading and unloading had taken place sometimes in Romney Marsh, sometimes on the beach under the cliffs between Dover and Folkstone. All the inhabitants of the south eastern coast were in the plot. It was a common saying among them that, if a gallows were set up every quarter of a mile along the coast, the trade would still go on briskly. It had been discovered, some years before, that the vessels and the hiding places which were necessary to the business of the smuggler had frequently afforded accommodation to the traitor. The report contained fresh evidence upon this point. It was proved that one of the contrabandists had provided the vessel in which the ruffian O'Brien had carried Scum Goodman over to France.

The inference which ought to have been drawn from these facts was that the prohibitory system was absurd. That system had not destroyed the trade which was so much dreaded, but had merely called into existence a desperate race of men who, accustomed to earn their daily bread by the breach of an unreasonable law, soon came to regard the most reasonable laws with contempt, and, having begun by eluding the custom house officers, ended by conspiring against the throne. And, if, in time of war, when the whole Channel was dotted with our cruisers, it had been found impossible to prevent the regular exchange of the fleeces of Cotswold for the alamodes of Lyons, what chance was there that any machinery which could be employed in time of peace would be more efficacious? The politicians of the seventeenth century, however, were of opinion that sharp laws sharply administered could not fail to save Englishmen from the intolerable grievance of selling dear what could be best produced by themselves, and of buying cheap what could be best produced by others. The penalty for importing French silks was made more severe. An Act was passed which gave to a joint stock company an absolute monopoly of lustrings for a term of fourteen years. The fruit of these wise counsels was such as might have been foreseen. French silks were still imported; and, long before the term of fourteen years had expired, the funds of the Lustring Company had been spent, its offices had been shut up, and its very name had been forgotten at Jonathan's and Garraway's.

Not content with prospective legislation, the Commons unanimously determined to treat the offences which the Committee had brought to light as high crimes against the State, and to employ against a few cunning mercers in Nicholas Lane and the Old Jewry all the gorgeous and cumbrous machinery which ought to be reserved for the delinquencies of great Ministers and Judges. It was resolved, without a division, that several Frenchmen and one Englishman who had been deeply concerned in the contraband trade should be impeached. Managers were appointed; articles were drawn up; preparations were made for fitting up Westminster Hall with benches and scarlet hangings; and at one time it was thought that the trials would last till the partridge shooting began. But the defendants, having little hope of acquittal, and not wishing that the Peers should come to the business of fixing the punishment in the temper which was likely to be the effect of an August passed in London, very wisely declined to give their lordships unnecessary trouble, and pleaded guilty. The sentences were consequently lenient. The French offenders were merely fined; and their fines probably did not amount to a fifth part of the sums which they had realised by unlawful traffic. The Englishman who had been active in managing the escape of Goodman was both fined and imprisoned.

The progress of the woollen manufactures of Ireland excited even more alarm and indignation than the contraband trade with France. The French question indeed had been simply commercial. The Irish question, originally commercial, became political. It was not merely the prosperity of the clothiers of Wiltshire and of the West Riding that was at stake; but the dignity of the Crown, the authority of the Parliament, and the unity of the empire. Already might be discerned among the Englishry, who were now, by the help and under the protection of the mother country, the lords of the conquered island, some signs of a spirit, feeble indeed, as yet, and such as might easily be put down by a few resolute words, but destined to revive at long intervals, and to be stronger and more formidable at every revival.

The person who on this occasion came forward as the champion of the colonists, the forerunner of Swift and of Grattan, was William Molyneux. He would have rejected the name of Irishman as indignantly as a citizen of Marseilles or Cyrene, proud of his pure Greek blood, and fully qualified to send a chariot to the Olympic race course, would have rejected the name of Gaul or Libyan. He was, in the phrase of that time, an English gentleman of family and fortune born in Ireland. He had studied at the Temple, had travelled on the Continent, had become well known to the most eminent scholars and philosophers of Oxford and Cambridge, had been elected a member of the Royal Society of London, and had been one of the founders of the Royal Society of Dublin. In the days of Popish ascendancy he had taken refuge among his friends here; he had returned to his home when the ascendancy of his own caste had been reestablished; and he had been chosen to represent the University of Dublin in the House of Commons. He had made great efforts to promote the manufactures of the kingdom in which he resided; and he had found those efforts impeded by an Act of the English Parliament which laid severe restrictions on the exportation of woollen goods from Ireland. In principle this Act was altogether indefensible. Practically it was altogether unimportant. Prohibitions were not needed to prevent the Ireland of the seventeenth century from being a great manufacturing country; nor could the most liberal bounties have made her so. The jealousy of commerce, however, is as fanciful and unreasonable as the jealousy of love. The clothiers of Wilts and Yorkshire were weak enough to imagine that they should be ruined by the competition of a half barbarous island, an island where there was far less capital than in England, where there was far less security for life and property than in England, and where there was far less industry and energy among the labouring classes than in England. Molyneux, on the other hand, had the sanguine temperament of a projector. He imagined that, but for the tyrannical interference of strangers, a Ghent would spring up in Connemara, and a Bruges in the Bog of Allen. And what right had strangers to interfere? Not content with showing that the law of which he complained was absurd and unjust, he undertook to prove that it was null and void. Early in the year 1698 he published and dedicated to the King a treatise in which it was asserted in plain terms that the English Parliament had no authority over Ireland.

Whoever considers without passion or prejudice the great constitutional question which was thus for the first time raised will probably be of opinion that Molyneux was in error. The right of the Parliament of England to legislate for Ireland rested on the broad general principle that the paramount authority of the mother country extends over all colonies planted by her sons in all parts of the world. This principle was the subject of much discussion at the time of the American troubles, and was then maintained, without any reservation, not only by the English Ministers, but by Burke and all the adherents of Rockingham, and was admitted, with one single reservation, even by the Americans themselves. Down to the moment of separation the Congress fully acknowledged the competency of the King, Lords and Commons to make laws, of any kind but one, for Massachusetts and Virginia. The only power which such men as Washington and Franklin denied to the Imperial legislature was the power of taxing. Within living memory, Acts which have made great political and social revolutions in our Colonies have been passed in this country; nor has the validity of those Acts ever been questioned; and conspicuous among them were the law of 1807 which abolished the slave trade, and the law of 1833 which abolished slavery.

The doctrine that the parent state has supreme power over the colonies is not only borne out by authority and by precedent, but will appear, when examined, to be in entire accordance with justice and with policy. During the feeble infancy of colonies independence would be pernicious, or rather fatal, to them. Undoubtedly, as they grow stronger and stronger, it will be wise in the home government to be more and more indulgent. No sensible parent deals with a son of twenty in the same way as with a son of ten. Nor will any government not infatuated treat such a province as Canada or Victoria in the way in which it might be proper to treat a little band of emigrants who have just begun to build their huts on a barbarous shore, and to whom the protection of the flag of a great nation is indispensably necessary. Nevertheless, there cannot really be more than one supreme power in a society. If, therefore, a time comes at which the mother country finds it expedient altogether to abdicate her paramount authority over a colony, one of two courses ought to be taken. There ought to be complete incorporation, if such incorporation be possible. If not, there ought to be complete separation. Very few propositions in polities can be so perfectly demonstrated as this, that parliamentary government cannot be carried on by two really equal and independent parliaments in one empire.

And, if we admit the general rule to be that the English parliament is competent to legislate for colonies planted by English subjects, what reason was there for considering the case of the colony in Ireland as an exception? For it is to be observed that the whole question was between the mother country and the colony. The aboriginal inhabitants, more than five sixths of the population, had no more interest in the matter than the swine or the poultry; or, if they had an interest, it was for their interest that the caste which domineered over them should not be emancipated from all external control. They were no more represented in the parliament which sate at Dublin than in the parliament which sate at Westminster. They had less to dread from legislation at Westminster than from legislation at Dublin. They were, indeed, likely to obtain but a very scanty measure of justice from the English Tories, a more scanty measure still from the English Whigs; but the most acrimonious English Whig did not feel towards them that intense antipathy, compounded of hatred, fear and scorn, with which they were regarded by the Cromwellian who dwelt among them.⁸ For the Irishry Molyneux, though boasting that he was the champion of liberty, though professing to have learned his political principles from Locke's writings, and though confidently expecting Locke's applause, asked nothing but a more cruel and more hopeless slavery. What he claimed was that, as respected the colony to which he belonged, England should forego rights which she has exercised and is still exercising over every other colony that she has ever planted. And what reason could be given for making such a distinction? No colony had owed so much to England. No colony stood in such need of the support of England. Twice, within the memory of men then living, the natives had attempted to throw off the alien yoke; twice the intruders had been in imminent danger of extirpation; twice England had come to the rescue, and had put down the Celtic population under the feet of her own progeny. Millions of English money had been expended in the struggle. English blood had flowed at the Boyne and at Athlone, at Aghrim and at Limerick. The graves of thousands of English soldiers had been dug in the pestilential morass of Dundalk. It was owing to the exertions and sacrifices of the English people that, from the basaltic pillars of Ulster to the lakes of Kerry, the Saxon settlers were trampling on the children of the soil. The colony in Ireland was therefore emphatically a dependency; a dependency, not merely by the common law of the realm, but by the nature of things. It was absurd to claim independence for a community which could not cease to be dependent without ceasing to exist.

Molyneux soon found that he had ventured on a perilous undertaking. A member of the English House of Commons complained in his place that a book which attacked the most precious privileges of the supreme legislature was in circulation. The volume was produced; some passages were read; and a Committee was appointed to consider the whole subject. The Committee soon reported that the obnoxious pamphlet was only one of several symptoms which indicated a spirit such as ought to be suppressed. The Crown of Ireland had been most improperly described in public instruments as an imperial Crown. The Irish Lords and Commons had presumed, not only to reenact an English Act passed expressly for the purpose of binding them, but to reenact it with alterations. The alterations were indeed small; but the alteration even of a letter was tantamount to a declaration of independence. Several addresses were voted without a division. The King was entreated to discourage all encroachments of subordinate powers on the supreme authority of the English legislature, to bring to justice the pamphleteer who had dared to question that authority, to enforce the Acts which had been passed for the protection of the woollen manufactures of England, and to direct the industry and capital of Ireland into the channel of the linen trade, a trade which might grow and flourish in Leinster and Ulster without exciting the smallest jealousy at Norwich or at Halifax.

The King promised to do what the Commons asked; but in truth there was little to be done. The Irish, conscious of their impotence, submitted without a murmur. The Irish woollen manufacture languished and disappeared, as it would, in all probability, have languished and disappeared if it had been left to itself. Had Molyneux lived a few months longer he would probably have been impeached. But the close of the session was approaching; and before the Houses met again a timely death had snatched him from their vengeance; and the momentous question which had been first stirred by him slept a deep sleep till it was revived in a more formidable shape, after the lapse of twenty-six years, by the fourth letter of The Drapier.

Of the commercial questions which prolonged this session far into the summer the most important respected India. Four years had elapsed since the House of Commons had decided that all Englishmen had an equal right to traffic in the Asiatic Seas, unless prohibited by Parliament; and in that decision the King had thought it prudent to acquiesce. Any merchant of London or Bristol might now fit out a ship for Bengal or for China, without the least apprehension of being molested by the Admiralty or sued in the Courts of Westminster. No wise man, however, was disposed to stake a large sum on such a venture. For the vote which protected him from annoyance here left him exposed to serious risks on the other side of the Cape of Good Hope. The Old Company, though its exclusive privileges were no more, and though its dividends had greatly diminished, was still in existence, and still retained its castles and warehouses, its fleet of fine merchantmen, and its able and zealous factors, thoroughly qualified by a long experience to transact business both in the palaces and in the bazaars of the East, and accustomed to look for direction to the India House alone. The private trader therefore still ran great risk of being treated as a smuggler, if not as a pirate. He might indeed, if he was wronged, apply for redress to the tribunals of his country. But years must elapse before his cause could be heard; his witnesses must be conveyed over fifteen thousand miles of sea; and in the meantime he was a ruined man. The experiment of free trade with India had therefore been tried under every disadvantage, or, to speak more correctly, had not been tried at all. The general opinion had always been that some restriction was necessary; and that opinion had been confirmed by all that had happened since the old restrictions had been removed. The doors of the House of Commons were again besieged by the two great contending factions of the City. The Old Company offered, in return for a monopoly secured by law, a loan of seven hundred thousand pounds; and the whole body of Tories was for accepting the offer. But those indefatigable agitators who had, ever since the Revolution, been striving to obtain a share in the trade of the Eastern seas exerted themselves at this conjuncture more strenuously than ever, and found a powerful patron in Montague.

That dexterous and eloquent statesman had two objects in view. One was to obtain for the State, as the price of the monopoly, a sum much larger than the Old Company was able to give. The other was to promote the interest of his own party. Nowhere was the conflict between Whigs and Tories sharper than in the City of London; and the influence of the City of London was felt to the remotest corner of the realm. To elevate the Whig section of that mighty commercial aristocracy which congregated under the arches of the Royal Exchange, and to depress the Tory section, had long been one of Montague's favourite schemes. He had already formed one citadel in the heart of that great emporium; and he now thought that it might be in his power to erect and garrison a second stronghold in a position scarcely less commanding. It had often been said, in times of civil war, that whoever was master of the Tower and of Tilbury Fort was master of London. The fastnesses by means of which Montague proposed to keep the capital obedient in times of peace and of constitutional government were of a different kind. The Bank was one of his fortresses; and he trusted that a new India House would be the other.

The task which he had undertaken was not an easy one. For, while his opponents were united, his adherents were divided. Most of those who were for a New Company thought that the New Company ought, like the Old Company, to trade on a joint stock. But there were some who held that our commerce with India would be best carried on by means of what is called a regulated Company. There was a Turkey Company, the members of which contributed to a general fund, and had in return the exclusive privilege of trafficking with the Levant; but those members trafficked, each on his own account; they forestalled each other; they undersold each other; one became rich; another became bankrupt. The Corporation meanwhile watched over the common interest of all the members, furnished the Crown with the means of maintaining an embassy at Constantinople, and placed at several important ports consuls and vice-consuls, whose business was to keep the Pacha and the Cadi in good humour, and to arbitrate in disputes among Englishmen. Why might not the same system be found to answer in regions lying still further to the east? Why should not every member of the New Company be at liberty to export European commodities to the countries beyond the Cape, and to bring back shawls, saltpetre and bohea to England, while the Company, in its collective capacity, might treat with Asiatic potentates, or exact reparation from them, and might be entrusted with powers for the administration of justice and for the government of forts and factories?

Montague tried to please all those whose support was necessary to him; and this he could effect only by bringing forward a plan so intricate that it cannot without some pains be understood. He wanted two millions to extricate the State from its financial embarrassments. That sum he proposed to raise by a loan at eight per cent. The lenders might be either individuals or corporations. But they were all, individuals and corporations, to be united in a new corporation, which was to be called the General Society. Every member of the General Society, whether individual or corporation, might trade separately with India to an extent not exceeding the amount which such member had advanced to the government. But all the members or any of them might, if they so thought fit, give up the privilege of trading separately, and unite themselves under a royal Charter for the purpose of trading in common. Thus the General Society was, by its original constitution, a regulated company; but it was provided that either the whole Society or any part of it might become a joint stock company.

The opposition to the scheme was vehement and pertinacious. The Old Company presented petition after petition. The Tories, with Seymour at their head, appealed both to the good faith and to the compassion of Parliament. Much was said about the sanctity of the existing Charter, and much about the tenderness due to the numerous families which had, in reliance on that Charter, invested their substance in India stock. On the other side there was no want of plausible topics or of skill to use them. Was it not strange that those who talked so much about the Charter should have altogether overlooked the very clause of the Charter on which the whole question turned? That clause expressly reserved to the government power of revocation, after three years' notice, if the Charter should not appear to be beneficial to the public. The Charter had not been found beneficial to the public; the three years' notice should be given; and in the year 1701 the revocation would take effect. What could be fairer? If anybody was so weak as to imagine that the privileges of the Old Company were perpetual, when the very instrument which created those privileges expressly declared them to be terminable, what right had he to blame the Parliament, which was bound to do the best for the State, for not saving him, at the expense of the State, from the natural punishment of his own folly? It was evident that nothing was proposed inconsistent with strict justice. And what right had the Old Company to more than strict justice? These petitioners who implored the legislature to deal indulgently with them in their adversity, how had they used their boundless prosperity? Had not the India House recently been the very den of corruption, the tainted spot from which the plague had spread to the Court and the Council, to the House of Commons and the House of Lords? Were the disclosures of 1695 forgotten, the eighty thousand pounds of secret service money disbursed in one year, the enormous bribes direct and indirect, Seymour's saltpetre contracts, Leeds's bags of golds? By the malpractices which the inquiry in the Exchequer Chamber then brought to light, the Charter had been forfeited; and it would have been well if the forfeiture had been immediately enforced. "Had not time then pressed," said Montague, "had it not been necessary that the session should close, it is probable that the petitioners, who now cry out that they cannot get justice, would have got more justice than they desired. If they had been called to account for great and real wrong in 1695, we should not have had them here complaining of imaginary wrong in 1698."

The fight was protracted by the obstinacy and dexterity of the Old Company and its friends from the first week of May to the last week in June. It seems that many even of Montague's followers doubted whether the promised two millions would be forthcoming. His enemies confidently predicted that the General Society would be as complete a failure as the Land Bank had been in the year before the last, and that he would in the autumn find himself in charge of an empty exchequer. His activity and eloquence, however, prevailed. On the twenty-sixth of June, after many laborious sittings, the question was put that this Bill do pass, and was carried by one hundred and fifteen votes to seventy-eight. In the upper House, the conflict was short and sharp. Some peers declared that, in their opinion, the subscription to the proposed loan, far from amounting to the two millions which the Chancellor of the Exchequer expected, would fall far short of one million. Others, with much reason, complained that a law of such grave importance should have been sent up to them in such a shape that they must either take the whole or throw out the whole. The privilege of the Commons with respect to money bills had of late been grossly abused. The Bank had been created by one money bill; this General Society was to be created by another money bill. Such a bill the Lords could not amend; they might indeed reject it; but to reject it was to shake the foundations of public credit and to leave the kingdom defenceless. Thus one branch of the legislature was systematically put under duress by the other, and seemed likely to be reduced to utter insignificance. It was better that the government should be once pinched for money than that the House of Peers should cease to be part of the Constitution. So strong was this feeling that the Bill was carried only by sixty-five to forty-eight. It received the royal sanction on the fifth of July. The King then spoke from the throne. This was the first occasion on which a King of England had spoken to a Parliament of which the existence was about to be terminated, not by his own act, but by the act of the law. He could not, he said, take leave of the Lords and Gentlemen before him without publicly acknowledging the great things which they had done for his dignity and for the welfare of the nation. He recounted the chief services which they had, during three eventful sessions, rendered to the country. "These things will," he said, "give a lasting reputation to this Parliament, and will be a subject of emulation to Parliaments which shall come after." The Houses were then prorogued.

During the week which followed there was some anxiety as to the result of the subscription for the stock of the General Society. If that subscription failed, there would be a deficit; public credit would be shaken; and Montague would be regarded as a pretender who had owed his reputation to a mere run of good luck, and who had tempted chance once too often. But the event was such as even his sanguine spirit had scarcely ventured to anticipate. At one in the afternoon of the 14th of July the books were opened at the Hall of the Company of Mercers in Cheapside. An immense crowd was already collected in the street. As soon as the doors were flung wide, wealthy citizens, with their money in their hands, pressed in, pushing and elbowing each other. The guineas were paid down faster than the clerks could count them. Before night six hundred thousand pounds had been subscribed. The next day the throng was as great. More than one capitalist put down his name for thirty thousand pounds. To the astonishment of those ill boding politicians who were constantly repeating that the war, the debt, the taxes, the grants to Dutch courtiers, had ruined the kingdom, the sum, which it had been doubted whether England would be able to raise in many weeks, was subscribed by London in a few hours. The applications from the provincial towns and rural districts came too late. The merchants of Bristol had intended to take three hundred thousand pounds of the stock, but had waited to learn how the subscription went on before they gave their final orders; and, by the time that the mail had gone down to Bristol and returned, there was no more stock to be had.

This was the moment at which the fortunes of Montague reached the meridian. The decline was close at hand. His ability and his constant success were everywhere talked of with admiration and envy. That man, it was commonly said, has never wanted, and never will want, an expedient.