Form 4

MALTESE HISTORY

H. Political and Constitutional Developments

(1800 to 1903)

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Unit H.1 - Early Maltese Petitions and the Council of Government of 1835

1. The earliest Maltese Petitions For the first 35 years both British Civil Commissioners and Governors of Malta had nearly unlimited powers. Although leading Maltese citizens formulated and sent petitions to the British House of Commons (Parliament) or to the King, most of their demands were ignored. Between 1800 and 1835 no less than nine such petitions were sent. The most famous of these documents during this period were: The Declaration of Rights of the Inhabitants of Malta and Gozo in 1802. A petition by Marquis Mario Testaferrata in 1805. A petition by Marquis Nicolo Testaferrata in 1811. The Claims of the Maltese People based upon the Principles of Justice by George Mitrovich in 1835. These documents had these demands in common: l. a Council of Government (granted, 1835) 2. a free press, (granted, 1839) 3. trial by jury (granted, 1851) 4. reform the Criminal Code (granted, 1854) 5. open primary schools (from 1840) 6. send a Royal Commission to inquire upon more reforms (granted, 1836) 7. declare Malta a free port to attract more foreign trade (from 1869) 2. The setting up of the Comitato Generale Maltese The year 1830 was one of liberal revolutions in many parts of Europe. In 1830 there was a change of government in Britain from a Tory (Conservative) to a Liberal (Reformist) one. This marked an important change of British policy towards Malta. In 1830 some 30 Maltese liberals set up the Comitato Generale Maltese to collect signatures for another petition. The leaders of the movement were Count Camillo Sciberras and George Mitrovich, a patriot from Senglea. Sciberras was influenced by the ideals of the French Revolution and he went into exile when the French lost Malta in 1800. In 1817 he was allowed to return to Malta. The Comitato presented two petitions to Governor Ponsonby in 1832: one by Dr Paolo Sciortino (135 signatures) and one by Camillo Sciberras (506 signatures). Both had the following demands: the Governor had too much power set up a Consiglio di Nativi with 30 members as a local Council of Government reform the Criminal Code which was outdated increase the salaries of Maltese employed by the Government reduce custom duties on wheat and other food items give incentives to merchants and farmers 3. The first Maltese Council of Government of 1835 In 1835 Secretary of State Lord Glenelg granted Malta a Council of Government. But this Council fell short of Maltese expectations for it consisted only of 3 Maltese and 4 British nominated members. Its members were not elected by the Maltese. They did not have the right to vote for or against laws. The Governor could accept or ignore its advice. The council members were: the Governor, the Chief Secretary, the Chief Justice, the Bishop (who renounced his seat), 1 Maltese landowner, 1 Maltese merchant and 1 British merchant resident in Malta. In 1835 George Mitrovich obtained permission to go to London and present another petition in the House of Commons. The petition was entitled The Claims of the Maltese People founded upon the Principles of Justice. It described the Council of Government ‘an insult to the Maltese nation’. One positive development was that many British Liberal MPs supported Mitrovich’s claims. Even the Governor had been disappointed for he had preferred a majority of Maltese members in the Council.

The Constitution of 1835 showed that the British Government saw Malta simply as a fortress-colony and as a naval base for its Mediterranean fleet. The Maltese continued to demand changes in the Constitution to include elected members. For some years the British refused to grant this demand. But events in Europe and in Malta in 1848-49 were to make the British authorities change their mind and grant the Maltese a partially elective Council of Government.

Camillo Sciberras

George Mitrovich

Nicolo Testaferrata

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Unit H.1 - The Early Maltese Petitions and the 1835 Council of Government

1. Why did the Maltese leaders forwarded petitions to the British authorities in the early 19th

century?

__________________________________________________________________________ (2)

2. Mention three important Maltese demands included in most of these petitions.

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________ (3)

3. 1 What was the Comitato Generale Maltese?

___________________________________________________________________________

__________________________________________________________________________ (2)

3.2 Who were its Maltese leaders? _______________________ _______________________ (2)

3.3 What was its contribution to Maltese constitutional development?

_________________________________________________________________________ (1)

4.1 In 1835 the Secretary of State granted the Maltese a ______________ of Government made up

of 4 _____________ and 3 _____________ members. (3)

4.2 The members in the Council were all _____________ (that is chosen by the _____________). (2)

4.3 What was the reaction of the Maltese leaders about this Council of Government and why?

___________________________________________________________________________

__________________________________________________________________________ (2)

5, What did George Mitrovich do to show the Maltese disaffection with the Council of Government?

__________________________________________________________________________ (1)

6. What was the outcome of the petition The Claims of the Maltese People Based Upon Principles

of Justice?

__________________________________________________________________________

__________________________________________________________________________ (2)

(Total 20 marks)

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Unit H.2 - The Royal Commission of 1836 and the Liberty of the Press

1. The Royal Commission of 1836

The Royal Commissioners who came to Malta were John Austin, William Ewart and George Cornewall Lewis, all held liberal ideas. During their stay in Malta they made inspections, interviewed people and looked at Government documents. In their report they wrote that an elected Council of Government with the power to make laws was not in the best interests of the security of the island. But they said that the Council should include at least a number of Maltese elected members of ‘property and intelligence’. The Commissioners argued that Britain was morally bound to grant this because of the promises they had made to the Maltese in 1800. In their report they mentioned also three reasons for the great poverty of the Maltese: lack of work, a large population and low wages. Poverty was seen by: a large number of paupers, stealing from fields at night, poor children in the streets and the poor health and bad housing conditions among the lower classes. For all this most people blamed the British authorities for inefficiency and bad government. The Commissioners proposed also the following reforms in their final report: Education: the opening of free primary schools in the main towns and villages Language: Italian and English as the official languages of the administration Hospitals: reduce inefficiency and abuses by bringing all hospitals under one control board Taxation: abolish the government monopoly on grain. The custom duty on imported grain to be spread to other

items of general use. Administration: high posts in the civil service were to be given to the Maltese by promotion instead of

employing Englishmen with very high salaries

The work of the Commissioners proved in the end beneficial for the social, economic and political development of Malta. Its report served as the basis for further political, economic social reforms. Most of its recommendations were implemented under liberal Governors like Richard O’Ferrall and William Reid. 2. The Granting of the Liberty of the Press, 1839 In 1836 Lord Glenelg, the Secretary of State for the Colonies, had issued instructions for the immediate abolition of censorship on newspapers. But the abolition of press censorship soon became a complicated issue. Ferdinand II, King of the Two Sicilies feared that a free press in Malta could be used by Italian liberals to bring about a revolution in his kingdom. The Bishop F.S. Caruana and the Vatican were afraid to come under attack by Protestant and anti-clerical publications. Some 250 priests from a total of 750 set up a committee to show their support for a free press so long as the Church was protected. Conservative people considered political debate as dangerous for the order and stability of the colony. The Government was also afraid that military secrets could leak out to the press. In the end, Lord Glenelg decided to grant the liberty of the press together with a law of libel to protect the interests of the Catholic Church. The liberty of the press was proclaimed by the Governor in the Council of Government in 1839. Newspapers were published in Italian, English or Maltese. There were political, religious, cultural, commercial or satirical newspapers. Newspapers were mostly read in taverns, cafes, clubs and offices. The reading market was small and their financial resources limited. Most newspapers closed down after a few years. The British Government started issuing newspapers that defended its policies against criticism. The free press had one long-term effect - it gave the Maltese liberal leaders a new platform from which to attack the policies of the British Government and to spread their ideas and policies among the people.

The arrival of the Royal Commission of 1836. George Cornwall Lewis Lord Glenelg

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Unit H.2 – The Royal Commission of 1836 and the Liberty of the Press 1. What made the British Government send the Royal Commission of 1836?

___________________________________________________________________________ (2)

2. Who headed the Royal Commission and what political leanings did they have?

___________________________________________________________________________

___________________________________________________________________________ (2)

3. Which of these statements are true or false about the Royal Commission of 1836:

(a) The official language of Malta ought to be English and Italian. ______________

(b) Elementary education ought to become compulsory. ______________

(c) The grain tax ought to be reduced by half. ______________

(d) More Maltese ought to be given higher posts in the Civil Service. ______________

(e) Inefficiencies and abuses in the running of the Charitable Institutions. ______________ (5)

4. Why was the liberty of the press such a complicated and controversial issue in Malta in 1838-39?

___________________________________________________________________________ (2)

5. Why was the King of the Two Sicilies against the liberty of the press in Malta?

___________________________________________________________________________

___________________________________________________________________________ (2)

6. Why did the Catholic Church object to a free press in Malta?

___________________________________________________________________________

___________________________________________________________________________ (2)

7. Newspapers in 19th century Malta were published in three languages. Why was this so?

___________________________________________________________________________ (1)

8. Name four types of newspapers that were published in Malta during the years 1838 -1900.

___________________________________________________________________________ (2)

9. How did the Maltese leaders use the rights given to them by the liberty of the press in their

struggle with the British?

___________________________________________________________________________

___________________________________________________________________________ (2)

(Total 20 marks)

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Unit H.3 - The 1849 Council of Government and the Cardwell Principle of 1864

1. The appointment of Richard O’Ferrall as Governor In appointing as Governor in Malta Sir Richard More O’Ferrall, Earl Grey, Secretary of State had been influenced by the following considerations: the discontent that arose when Governor Stuart stopped Carnival and the fact that O’Ferrall was a civilian governor and a Catholic.

2. The Constitution of 1849 and the first Elective Council of Government In 1848 O’Ferrall proposed the setting up of a new Council of ten official and eight elected members. The Revolutions of 1848 in many parts of Europe brought a change of policy in favour of an elective Council of Government. The right to vote was given to males over 21 years that had property and education. The number of people entitled to vote was fixed at about 4,000 (from a total population was roughly 130,000). Voters were to use the secret ballot to elect seven representatives for Malta and one for Gozo. The elected and official members were to form the Legislative Council for five years and meetings were to be held at the Governor’s Palace in Valletta. Laws passed by the Council were to be called Ordinances. The Council could report on abuses, hear complaints and recommend improvements in Government departments. Taxation and loans by the Government needed the vote of five or more of the elected members. The Council was to consist of Sub-Committees for Public Charities, for University and Primary Instruction and for Public Works made up of 3 elected and 2 official members. These Sub-Committees were to check upon the work of their respective departments and point out cases of abuses and inefficiency. The Council had its limitations too. The Governor had an original and a casting vote in the Council. He could also use the veto whenever he wanted to stop a law from being discussed or enacted. He could also order the 10 official members to support the Government in the Council (called official majority). But Governor O’Ferrall, very wisely, rarely used the official majority. Instead he gave the Council members a great deal of freedom of debate and vote. But some Governors after him started using the official majority more frequently. Within a few years the Governors started calling the official members as government members and the elected members were as the opposition members. 3. The Cardwell Principle granted (1864) and withdrawn (1875) Under Governor Gaspard Le Marchant, the Government undertook four large scale public works projects: the construction of a deep water commercial harbour, a larger dock, the Royal Opera House and a mental hospital at H’Attard. A definite break with the elected members took place in 1859 when the Governor was again given military powers. In the elections of 1860, the so called Four Lawyers were elected and these formed an organised opposition to the government. Henceforth, the Governor resorted to use the official majority more frequently. On their part the elected members became more determined to work for a new council of government. In the meantime, the Colonial Office was not happy with the way the Governor was using the official majority. In 1864, the Secretary of State Lord Cardwell issued the Cardwell Principle which stated that ‘no vote of money was to be pressed against the opposition of a majority of the elected members, other than in exceptional cases.’ The elected members had won an important victory and the Governor’s actions were officially criticized in House of Commons. But in the 1870s the Colonial Office gradually moved away from the Cardwell Principle. In 1875 Secretary Lord Carnarvon stated that the Cardwell Principle was to be set aside if the health of the garrison forces in Malta was at stake.

The Tapestry Room in the Palace Governor O’Ferrall Earl Grey Lord Cardwell Lord Carnarvon

for meeting of the Council of Government

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Unit H.3 - The 1849 Council of Government and the Cardwell Principle

1. Give reasons why the British granted Malta an elective Council of Government

____________________________________________________________________________ (1) 2. Continue the following table about the Council of Government of 1849.

3. Elections were held every _________ years. (1)

4. Act (laws) passes were called ________________. (1)

5. The Governor had an _______________ and a _______________ vote. (2)

6. The official majority was made up of _____________________________ . (1)

7. Official members of the Council had to be (businessmen, nobles, government officials). (1)

8. The were about 4,000 ______________ from the Maltese (lower, middle, upper) classes. (2)

9. What was the greatest drawback of this Constitution?

_________________________________________________________________________ (1)

10. What did the Lord Cardwell issue the Cardwell Principle? _________________________________________________________________________ (2)

11. Who gained most from this Principle and how? ___________________________________ _________________________________________________________________________ (2)

12. The Cardwell Principle was set aside in ____________ when Lord Cararvon issued the ____________________________ that gave back more power to the Governor in the Council of Government. (2) (Total 20 marks)

___________________

(President and Member of the Council)

_____________________________________________

10 ____________ members 8 ____________ members

______________________________

5 __________ members 5 ___________ members (5)

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Unit H.4 - The 1887 & 1903 Council of Governments 1. Why was there a new Constitution in 1887?

The 1880s were years of conflict between the elected members and the Governor. The elected members themselves were divided into two opposing groups: Reformers and Anti-Reformers. In 1884 the Anti-Reformers won 7 from 8 seats in the Council of Government and started to call themselves Nationalists. They started to obstruct the Government by abstaining or resigning from the Council in protest.

In 1886 two leaders of the Maltese national movement (Fortunato Mizzi and Gerald Strickland) went to London and demanded representative government (i.e. when the elected members number more than the official members in the Council). The new Constitution was granted in 1887 and it became known as the Knutsford Constitution for Secretary of State at the time. 2. How did the 1887 Constitution function? The Legislative or Ordinary Council was made up of 14 elected members. In 1898 the clergy lost their seat in the Legislative Council. Thus the Legislative Council was reduced to 13 members. The Executive or Superior Council made up of 6 official members and 3 elected members chosen by the Governor. Elections were fixed for every three years. Voters had to have certain qualification regarding income, property and level of education. Plural voting was permitted for those voters who owned property in two different electoral districts. The people with the right to vote numbered about 10,000 males from a population of nearly 200,000. The Governor had an original, a casting vote and the veto. The Legislative Council had the power to make laws (called ordinances). All votes of public money were to pass by a majority of the 14 elected members present at the time of the vote.

3. Why was the 1887 Constitution suspended in 1903? The Language Question became more intense between 1898-1903. The elected members used the powers given by the Constitution to block money for education at a time when the Government was trying to substitute Italian for English in primary schools and in the law courts. In 1903 the Secretary of State Joseph Chamberlain suspended the 1887 Constitution when the elected members again refused to vote money needed for education.

4. How did 1903 Constitution function? The Council of Government was reduced to 9 official members chosen by the Governor and 8 Maltese elected members. The Executive Council was reduced from 6 to 4 members, but in 1909 the two elected members were readmitted in the Executive Council.

This Constitution took back Malta to the official majority of the 1849 Constitution. Between 1904 and 1907 no elections took place because no candidates presented themselves for election. The aim of the Maltese political leaders was to get back the 1887 Constitution. At this point World War I broke out in August 1914

The 1887 Council of Government Fortunato Mizzi Gerald Strickland Joseph Chamberlain

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Unit H.4 - The Constitutions of 1887 and 1903

1. Why were the Maltese political leaders unhappy with the political situation in Malta in the 1800s?

__________________________________________________________________________ (1)

2. How did Mizzi and Strickland cooperate to bring about a change in the Constitution of 1849?

__________________________________________________________________________ (1)

3. The Legislative Council was called so because it: (Underline the correct answer)

(a) was made up of lawyers (b) enacted laws (c) organized elections (d) run the law courts (1)

4. The Executive Council was presided (headed) by the:

(a) Secretary of State (b) Speaker (c) Governor (d) leader of the elected members (1)

5. Which new right did the elected members obtain by this Constitution?

_________________________________________________________________________ (1)

6. What is meant by the term ‘plural voting’? Who was entitled to it?

_________________________________________________________________________ (2)

7.1 A minor change in a Constitution is called (a draft, an amendment, a suspension, a minute). (1)

7.2 What change was made to the 1887 Constitution in 1898?

_________________________________________________________________________ (1)

8. Why was the 1887 Constitution suspended in 1903?

_________________________________________________________________________

_________________________________________________________________________ (2)

9. Identify two similarities between the Constitutions of 1849 and 1903.

_________________________________________________________________________

_________________________________________________________________________ (2)

10.1 The Knutsford Constitution is another name for that of (1849, 1887, 1903). (1)

10.2 The Chamberlain Constitution is another name for that of (1849, 1887, 1903). (1)

11. Which of these statements are true or false? (5)

A The Constitution of 1887 replaced that of 1849.

B The Council of Government of 1887 was made up of 14 elected and 20 official members.

C The Constitution of 1887 was made up of an Ordinary and a Superior Council of Government.

D The Constitution of 1887 was the third one given by the British since 1800.

E The Constitution of 1887 was suspended when the Maltese objected to the Law of Mixed Marriages.

(Total 20 marks)

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Unit H.2 to H.4 - The Constitutional Development of Malta under the British in the 19th century

Look carefully at the following table and fill in the missing information correctly. Some answers are given as examples. (Total = 20 marks)

Constitution Governor at the time

Secretary of State for the

Colonies

At least one of the Maltese leaders of the time

M embers in the Council of Government

At TWO major feature about this Constitution

Why was this Constitution suspended or changed?

1 Constitution

of 1835 Lord Glenelg

Camillo Sciberras

George Mitrovich

2 Constitution

of 1849

Camillo Sciberras

George Mitrovich

3 Sir J. Lintorn

Simmons

14 Maltese

elected

members

6 official

members

1. There were two Councils of

Government: the Ordinary and the

Superior Council.

2. There were more elected than

official members.

4 Lord Grenfell

The British Government

decided to give the Maltese

responsible government.

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Unit H.5 - The Constitutions of 1887 and 1903 – Essay Questions

Read carefully the following essay titles and answer any ONE in about 200 to 300 words.

Essays carry 20 marks each.

PAPER 2A

1. In the beginning of British rule the Maltese seemed happy to come under the British Crown. Was this optimism justified during the first half of the nineteenth century?

2. The Maltese had shown a tendency towards nationalistic political aspirations as early as 1800. (a) On what foundations were these aspirations based? (8) (b) How did George Mitrovich and Camillo Sciberras contribute towards these requests? (6) (c) How did the British react towards Maltese political aspirations and pretensions? (6) (SEC 1996) 3. Compare and contrast the various steps of Malta’s constitutional development in the first sixty years of British rule. (SEC 1998)

PAPER 2B

1. Malta was given a free press in 1839. (a) State who was in favour and who was against the grant of a free press? (10) (b) How the liberty of the press finally came about? (6) (c) What limitations were imposed on the free press? (4) 2. (a) Describe the main features of the 1887 Constitution. (10) (b) Explain why it turned out to be a short-lived one. (10) (SEC 1996) 3. In 1849, Malta was granted a new Council of Government. (a) Describe its main features. (8) (b) Point out both its strong and its weak points. (6) (c) Do you agree that this constitution was an important development in Maltese constitutional history? Give reasons for your answer. (4) (SEC 1998) 4. The 1903 Constitution was a great disappointment to those Maltese fighting for greater political freedom. (a) What were the most important features of the 1903 Constitution? (6) (b) What events brought it about? (6) (c) Why was it changed in 1921? (8) (SEC 1998) 5. (a) What did the Maltese leaders expect from Great Britain once Malta became a British colony? (3) (a) Explain briefly the 1849 Constitution (4) (b) Explain briefly the 1887 Constitution (4) (d) Discuss the role of any three Maltese politicians in the struggle for constitutional reform between 1800 and 1921. (9) (SEC 2011)