municipal government. The remedial law of 1793, which restored their rights', was illusory. Not only were they still denied a voice in the council: but even admission to the freedom of their own birthplaces. A narrow and exclusive interest prevailed,-in politics, in local administration, and in trade,-over Catholic communities, however numerous and important.2 Catholics could have no confidence either in the management of municipal trusts, or in the administration of justice. Among their own townsmen, their faith had made them outlaws. The Reform Act established a new elective franchise Irish Coron a wider basis; and the legislature soon afterwards Bills. porations addressed itself to the consideration of the evils of municipal misgovernment. But the Irish corporations were not destined to fall, like the Scotch burghs, without a struggle. tions (Ire 1835. in 1836. In 1835, Lord Melbourne's government introduced Corporaa bill for the reconstitution of the Irish corpora- land) Bill. tions, upon the same principles as those already applied to other parts of the United Kingdom. It was passed by the Commons without much discussion: but was not proceeded with in the Lords, on account of the late period of the session.3 In the following Renewed year it was renewed, with some modifications: when it encountered new obstacles. The Protestant party in Ireland were suffering under grave discouragements. Catholic emancipation and Parliamentary reform had overthrown their dominion: their church was impoverished by the refusal of tithes, and threatened with an appropriation of her revenues; and now their 133 Geo. III. c. 21 (Irish). Supra, p. 349. * Rep. of Commrs., p. 16. 3 Hans. Deb., 3rd Ser., xxx. 230, ancient citadels, the corporations, were invested. Here they determined to take their stand. Their leaders, however, unable openly to raise this issue, combated the measure on other grounds. Adverting to the peculiar condition of Ireland, they claimed an exceptional form of local government. Hitherto, it was said, all local jurisdiction had been exercised by one exclusive party. Popular election would place it in the hands of another party, no less dominant. If the former system had caused distrust in local government and in the administration of justice, the proposed system would cause equal jealousy on the other side. Catholic ascendency would now be the rule of municipal government. Nor was there a middle class in Ireland equal to the functions proposed to be intrusted to them. The wealth and intelligence of Protestants would be overborne and outnumbered by an inferior class of Catholic townsmen. It was denied that boroughs had ever enjoyed a popular franchise. The corporations prior to James I. had been founded as outworks of English authority, among a hostile people; and after that period, as citadels of Protestant ascendency. It was further urged that few of the Irish boroughs required a municipal organisation. On these grounds Sir Robert Peel and the opposition proposed a fundamental change in the ministerial scheme. They consented to the abolition of the old corporations: but declined to establish new municipal bodies in their place. They proposed to provide for the local administration of justice by sheriffs and magistrates appointed by the crown: to vest all corporate property in royal commissioners, for distribution for municipal purposes; and to intrust the police and local government of towns to boards elected under the General Lighting and Watching Act of 1828.1 The Commons would not listen to proposals for denying municipal government to Ireland, and vesting local authority in officers appointed by the crown: but the Lords eagerly accepted them; and the bill was lost.2 1837. 1838-9. In the following year, a similar measure was again Bill of passed by the Commons, but miscarried in the other House by reason of delays, and the king's death. In 1838, the situation of parties and the determined resis- Bill of tance of the Lords to the Irish policy of the government, brought about concessions and compromise. Ministers, by abandoning the principle of appropriation, in regard to the Irish Church revenues, at length attained a settlement of the tithe question; and it was understood that the Lords would accept a corporation bill. Yet in this and the following years the two Houses disagreed upon the municipal franchise and other provisions; and again the ministerial measures were abandoned. In 1840, a Bill of sixth bill was introduced, in which large concessions were made to the Lords.3 Further amendments, however, were introduced by their lordships, which ministers and the Commons were constrained to accept. The tedious controversy of six years was at length closed: but the measure virtually amounted to a scheme of municipal disfranchisement. Ten corporations only were reconstituted by the bill, with a ten pound franchise. Fifty-eight were abolished: but any borough with a population exceeding 3000 might 1 Debates on second reading, Feb. 29th, and on Lord F. Egerton's instruction, March 7th.-Hans. Deb., 3rd Ser., xxxi. 1050, 1308. 2 Hans. Deb., 3rd Ser., xxxiv. 963, &c. 3 Hans. Deb., 3rd Ser., li. 641; liii. 1160; lv. 183, 1216. 4 Schedules B and C of Act. 1840. The Irish Corporations Act, 1840. Local Improvement Acts. obtain a charter of incorporation. The local affairs and property of boroughs, deprived of corporations, were to be under the management of commissioners elected according to the provisions of the General Lighting and Watching Act, or of the poor-law guardians.1 The measure was a compromise; and, however imperfect as a general scheme of local government, it at least corrected the evils of the old system, and closed an irritating contest between two powerful parties. The reconstitution of municipal corporations, upon and Police a popular basis, has widely extended the principle of local self-government. The same principle has been applied, without reserve, to the management of other local affairs. Most of the principal towns of the United Kingdom have obtained Local Acts, at different times, for improvements, for lighting, paving, and police, -for waterworks,-for docks and harbours; and in these measures, the principle of elected and responsible boards has been accepted as the rule of local administration. The functions exercised under these Acts are of vast importance, not only to the localities immediately concerned, but to the general welfare of the community. The local administration of Liverpool resembles that of a maritime state. In the order and wise government of large populations, by local authority, rests the general security of the realm. And this authority is everywhere based upon representation and responsibility. In other words, the people who dwell in towns have been permitted to govern themselves. Local boards Extensive powers of administration have also been constituted intrusted to local boards constituted under general statutes for the sanitary regulation, improvement, and police of towns and populous districts. Again, the under General 13 & 4 Vict. c. 108. 2 Public Health Act, 1848 same principle was adopted in the election of boards of guardians for the administration of the new poor laws, throughout the United Kingdom. And lastly, in 1855, the local affairs of the metropolis were intrusted to the Metropolitan Board of Works,-a free municipal assembly,-elected by a popular constituency, and exercising extended powers of taxation and local management.1 Quarter The sole local administration, indeed, which has Courts of still been left without representation, is that of Sessions. counties; where rates are levied and expenditure sanctioned by magistrates appointed by the crown. Selected from the nobles and gentry of the county for their position, influence, and character, the magistracy undoubtedly afford a virtual representation of its interests. The foremost men assemble and discuss the affairs in which they have themselves the greatest concern: but the principles of election and responsibility are wanting. This peculiarity was noticed in 1836 by the commission on county rates 2; and efforts have since been made, first by Mr. Hume, and afterwards by Mr. Milner Gibson, to introduce responsibility into county administration. It was proposed to establish financial boards, constituted of members elected by boards of guardians, and of magistrates chosen by themselves. To the representative principle itself few objections Local Government Act, 1858; Toulmin Smith's Local Government Act, 1858; Glen's Law of Public Health and Local Government; Police (Scotland) Acts, 1850; Towns' Improvement (Scotland) Act, 1860; Police and Improvement (Scotland) Act, 1862, consolidating previous Acts. 1 Metropolis Local Management Acts, 1855, 1862. Toulmin Smith's Metropolis Local Management Act. 2 The Commissioners said :-"No 3 In 1837 and 1839.-Hans. Deb., 4 In 1840, and subsequently.Ibid., cviii. 738. |