is of especial importance to the state. Political theorists affirm that all men have an equal right to political power-to that amount, at least, of political power which is conferred by a vote at elections. Men of practical common-sense affirm that no one has a right to power of any kind, unless he can be trusted to forbear employing it to the injury of his fellow-creatures or of himself. And the only safeguard and security for the proper exercise of political power is sound and enlightened education. It is unnecessary to dwell on this point, because our statesmen of both parties (to their honor) give constant proof of their deep conviction of its importance.

But, in closing our remarks, it may be allowable to point out the political lesson which, above all others, the teachers of the masses should seek to inculcate on their pupils. The art of government, and each measure of government, is, above all other things, the two-sided shield. There are so many plausible arguments which may be advanced on each side of almost every question of policy, that no candid man will severely condemn him who in such disputable matters forms an opinion different from his own. Age and experience are worse than valueless if they do not teach a man to think better of his kind; and the history of the period which we have been considering teaches no lesson more forcibly than this, that the great majority of educated men, and especially of our leading statesmen, are actuated by honest and patriotic motives. And we would presume to urge that more important than a correct estimate of any one transaction of the past, or even of any one measure to influence the future, is the habit of putting a candid, and therefore a favorable, construction on the characters and intentions of those to whom from time to time the conduct of the affairs of the nation is intrusted.

Notes:

[Footnote 276: 'Life of Palmerston,' vol. i., c. vii.]

[Footnote 277: 'Life of the Prince Consort,' ii, 303.]

[Footnote 278: Ibid., p. 412.]

[Footnote 279: Amos, 'Fifty Years of the English Constitution,' p. 289.]

[Footnote 280: 'Past Gleanings,' i., 242.]

[Footnote 281: 'Life of the Prince Consort,' iv., 458.]

[Footnote 282: 219 to 210.]

[Footnote 283: 'Life of the Prince Consort,' v., 100.]

[Footnote 284: Ibid., p. 148.]

[Footnote 285: 'Life of Pitt,' by Earl Stanhope, iii., 210.]

[Footnote 286: 'Life of the Prince Consort,' iv., 329.]

[Footnote 287: Ibid., p. 366.]

[Footnote 288: 'Constitutional History,' iii., 319, 3d edition.]

[Footnote 289: It should be added that, on a subsequent occasion, Mr. Roundell Palmer, member for Plymouth (now Lord Chancellor Selborne, and even then in the enjoyment of the highest professional reputation), declared his opinion to be in favor of the legality and constitutional propriety of the proceeding.]

[Footnote 290: To illustrate this position, Lord Lyndhurst said: 'The sovereign may by his prerogative, if he thinks proper, create a hundred peers with descendible qualities in the course of a day. That would be consistent with the prerogative, and would be perfectly legal; but everybody must feel, and everybody must know, that such an exercise of the undoubted prerogative of the crown would be a flagrant violation of the principles of the constitution. In the same manner the sovereign might place the Great Seal in the hands of a layman wholly unacquainted with the laws of the country. That also would be a flagrant violation of the constitution of this country.'-Hansard's Parliamentary Debates, cxl., February 7, 1856. In the same debate Lord Derby defined 'prerogative' as 'the power of doing that which is beside the law.' Hallam, in discussing the prosecution of Sir Edward Hales, fully recognizes the principle contended for by Lord Lyndhurst, saying that 'it is by no means evident that the decision of the judges' in that case 'was against law,' but proceeding to show that 'the unadvised assertion in a court of law' of such an exercise of the prerogative 'may be said to have sealed the condemnation of the house of Stuart.'- Constitutional History, vol. iii., c. xiv., p. 86.]

[Footnote 291: In the reign of Richard II. the Earl of Oxford had been made Marquis of Dublin for life, but he already had a seat in the House as Earl. Henry V. had originally made the peerages of his brothers, the Dukes of Bedford and Gloucester, life peerages; but these were afterward surrendered and regranted 'in the usual descendible form,' so that they rather made against the present case than for it. Henry VIII. had created the Prince of Thomond Earl of Thomond for his life, but he had at the same time granted him the barony of Inchiquin 'for himself and his heirs forever.' It was also alleged that these life peerages had not been conferred by the King alone, but by the King with the authority and consent of Parliament, 'these significant words being found in the patents.']

[Footnote 292: The division was 153 to 133. Some years afterward, however, a clause in the act, which created a new appellate jurisdiction, empowered the sovereign to create peerages of this limited character, one of the clauses providing that 'every Lord of Appeal in Ordinary should be entitled during his life to rank as a Baron by such style as her Majesty may be pleased to appoint, and shall during the time that he continues in office as a Lord of Appeal in Ordinary, and no longer be entitled to a writ of summons to attend, sit, and vote in the House of Lords. His dignity as a Lord of Parliament shall not descend to his heirs.' As this act was passed long after the period at which the present volume closes, it does not belong to the writer to examine how far this act, in providing that every Lord of Appeal shall for the time rank as a Baron (the Lords of Appeal being, of course, appointed by the crown), is entitled to be spoken of as introducing a great constitutional innovation, big with future consequences, as it has been described by some writers.]

[Footnote 293: In one notorious instance, that of the Earl of Bristol (confer Hallam, i., 518), in the time of Charles I., the House of Lords had interfered and compelled the issue of the writ; their action forming a precedent for their right of interference in such matters, which in the present case the Lord Chancellor denied.]

[Footnote 294: The grant of a pension of L1000 a year, with a baronetcy, to General Havelock, and more recently to Sir F. Roberts, are, it is believed, the only exceptions to this rule.]

[Footnote 295: Bishop Lonsdale, of Lichfield, in reference to Simon Magus, from whose offer of money to the Apostles the offence derives its name, denying that there was any similarity between his sin and the act of purchasing an advowson or presentation, remarked that it might just as fitly be called magic as simony.]

[Footnote 296: It has been, and will probably continue to be, a matter of dispute whether the first conception and plan of the insurrection originated with the restless boldness of the Mohammedans or the deeper fanaticism of the Hindoos. It is notorious that the prophecy that a century had been assigned by the Almighty as the allotted period of our supremacy in India had for many years been circulated among both; and, though the conspiracy was at first generally attributed to the Mohammedans, the argument that the period from the battle of Plassy, in 1757, to the outbreak in 1857, though an exact century according to the Hindoo calendar, is three years longer according to the Mohammedan computation, seems an almost irresistible proof that the Brahmins were its original authors. Sir John Kaye, in his 'History of the Sepoy War,' at the end of book iii., c. iii., prints the following note, as furnished to him by Mr. E.A. Reade, a gentleman of long experience in India: 'I do not think I ever met one man in a hundred that did not give the Mohammedans credit for this prediction. I fully believe that the notion of change after a century of tenure was general, and I can testify, with others, to have heard of the prediction at least a quarter of a century previously. But, call it a prediction or a superstition, the credit of it must, I think, be given to the Hindoos. If we take the Hejira calendar, 1757 A.D. corresponds with 1171 Hejira; 1857 A.D. with 1274 Hejira; whereas, by the lunisolar year of the Sumbut, 1757 is 1814 Sumhut, and 1857 is 1914 Sumbut.']

[Footnote 297: It is worthy of remark that, as early as 1829, the Earl of Ellenborough, then President of the Board of Control, had come to the conclusion that the Company was no longer competent to govern so vast a dominion as that of British India had gradually become. In his Diary, recently published (ii., 131), he expresses his firm conviction that, 'in substituting the King's government for that of the Company, we shall be conferring a great benefit on India, and effecting the measure which is most likely to retain for England the possession of India;' and from the same work (ii., 61) we learn that Mr. Mountstuart Elphinstone, one of the ablest servants of whom the Company could boast, and who had recently been Governor of Bombay, even while confessing himself prejudiced in favor 'of the existing system, under which he had been educated and lived,' admitted that 'the administration of the government in the King's name would be agreeable to the civil and military services, and to people in England. He doubted whether, as regarded the princes of India, it would signify much, as they now pretty well understood us.' See also ibid., p. 414.]

[Footnote 298: 318 to 173.]

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