Imatges de pàgina
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curity offered to us in this bill. Here I must guard myself against any imputation of disrespect to honourable men, high in station and respectability, whose declarations I have seen, but which I consider to be declarations of honour, and not expositions of the doctrines of their church. The doctrine of their councils is, that oaths taken contrary to the interests and traditions of the church, not only may be, but ought to be, violated. An oath is a religious obligation, and, consequently, when opposed to a paramount religious principle, the exclusive power of saving souls, can be no more an obligation than the oath of a man sworn to commit a crime. If I were to quote the council of Constance, or the third Lateran council upon this subject, I should be told that I was drawing forth musty and obsolete records. But this is not the case. They were confirmed by the council of Trent; and the third Lateran was appealed to by the last pope, recently deceased, upon this very subject. The noble and learned lord upon the woolsack affirms that Roman Catholics have changed their opinions; but I have the best authority for the negative, that of Leo 12th. I hold in my hand the translation of a pastoral letter, or bull of that pope, which I find in a work entitled the "Catholic Spectator," edited by Roman Catholics. The pope inquires of his bishops what are the tenets of the secret societies of Carbonari. The bishops inform him that those societies declare themselves bound by oath not to divulge their tenets. The pope then publishes a bull, dated March 13, 1825, in which is the following sentence :-" The fathers of the council of Lateran have very wisely said, "that we ought not to consider as an oath, but rather as a perjury, every promise that has been made to the detriment of the church, and against the rules of its tradition."" This council closes with cruel denunciations of persecution against heretics, which the fathers of the council of Lateran, I presume, have also wisely determined. Now, if a pope, in the nineteenth century, quotes a council in the twelfth century, I am justified in saying that the doctrines of the Roman church are not changed, unless they have been changed since the year 1825. What, then, is changed? I cannot contend with the noble duke's information upon the state of Ireland. But his statement seems to amount to this admis

sion, that he (the noble duke) cannot govern Ireland, and more, that Ireland can govern England; and, therefore, that he (the noble duke) is abandoning laws which he very lately believed to be good and beneficial laws. Your lordships appear to receive this intelligence with surprising composure; but I confess that it excites, in my mind, a considerable degree of uneasiness. It is said, that it would be impossible to obtain an united cabinet upon a Protestant principle: but this is a mockery of the great body of intelligence in the kingdom-that we could not have had a propitious House of Commons; but this is refuted by the unwillingness of his majesty's ministers to try the experiment by a dissolution. We have been informed, by a right reverend prelate, that the change is a general improvement of the understanding; and that all the talent, wisdom, and learning in the country, have passed a unanimous resolution, that the Roman Catholic church must possess more political power in the state for the protection of the Protestant religion. National intellect certainly has its ebb and flow; but this appears to me to be rather an ebb. Some noble lords have been riding prosperously, with a favourable wind, both on the ebb and flow. I believe that learning never was more successfully cultivated than in the reign of king Charles 2nd; that the nation never was more worthily represented than in that reign. So says lord Clarendon of the commencement of the Long Parliament; and Mr. Echard justly remarks that, at the close, when it was most accused of corruption, it made the greatest opposition to the corruption and designs of the court. I believe, also, that there never was a better knowledge of the principles of law and government than at the time of the Revolution. It has been truly observed, that when national intellect has, at any period, reached a great degree of perfection, as in the Augustan age at Rome, and at the period to which I have adverted in England, it is apt to recede;" and for this reason, that aspiring minds, ambitious of original fame, conscious that they cannot excel their ancestors in their own track, unwilling to acknowledge them as their masters and instructors, deviate into experimental paths, that have no recommendation but novelty and vain distinction. They find it more easy to throw great men into the shade by differ

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ence, than by excellence: therefore, they My lords, we do not contend that reliwill not build upon foundations already gious opinions are a reasonable disqualifilaid, or draw from sources already opened; cation for political power; but we do but corrupt the judgment on which they contend, that when any combination, hope to found their celebrity, and thus de- whether of a religious, political, or philoteriorate the intellectual state which they sophical character, assumes a jurisdiction profess to amend. How far this remark within the state-intolerant, adverse to may be applicable to the present genera- civil government, grounding its authority tion I will not presume to determine. upon more than human means;-that But let us judge the tree by the fruit. It combination, being destructive of liberty, is to that period we owe all the liberty, should, if possible, be deprived of its the happiness, the toleration we possess. influence. Otherwise, religion-all reliWe can ascribe it to no other. Magna gion that has not this inherent principle Charta contains the venerable Saxon ma- stands in perfect harmony with liberty; terials of our constitution. But they for liberty is only another name for justice, never rose to any structure of form and and as far as religions protect justice, so symmetry, until, after a complete esta- far they protect liberty. I do not, thereblishment of a Protestant church, kings fore, see how the total and unqualified and parliaments were subjected to funda- liberty of Mr. Locke is to be realized by mental constitutions and customs, clergy the removal of these restrictions. and laity to the municipal law of the must not legislate upon unproved theories, land. The prelates instrumental to Magna loose and general propositions. Theories Charta have been mentioned as examples are very good direction-posts on the highof liberality under the Roman Catholic way; but they will not guide men through religion. They pursued the temporal ob- the intricate paths of government. When jects of Magna Charta, which they shared I see total and unqualified liberty conboth as prelates and barons, to the sacri- ducting me to total and unqualified fice of their spiritual duty; and were de- slavery, my mind is not so sublimated servedly suspended or banished in the and enlightened as to be insensible to the commencement of the succeeding reign practical error of pursuing it. My lords, by the earl of Pembroke, a nobleman of books will make theorists; they will also great liberality, but who was unable to teach men how to pervert history; and in oppose the papal power. The contest at conjunction with a bias operating upon that time was, whether king, barons, or human frailty, will furnish glasses to make clergy, should oppress the people. The the wily politician seem to see the things reigns of king Edward 1st and king he doth not; but they will not make Edward 3rd have been mentioned. They statesmen. I admit the general proposiwere able to subdue the spiritual power tion, that obstructions in a river are unfabecause they were tyrants; and no civil vourable to free navigation; but I do not liberty existed in their reigns. King admit, as a consequence, that locks are Edward 3rd was a great man, and a therefore to be removed:-because, I conqueror, but he trampled upon the know that they serve to deepen the stream, liberties of the people. This was neces- and enable all barks, not only the boat sary at that period, and so it will be again, that can swim in shallow waters, but all under the Roman Catholic religious in- of every size and description, to navigate fluence. It was necessary that kings it with safety. Thus do these restrictions should be able to govern their subjects afford a copious flow of liberty for the by arbitrary power, or they became, exercise of all religions. Nor do I know themselves, the slaves of the superstition after what model, noble lords have framed of men nominally their subjects, but a system of government adverse to a really the instruments of the priesthood. fixed national religion. I know that some The flame of virtue and liberty often hold, in the highest veneration, the ancient scintillated from its subterraneous recess; models of Greece and Rome. But in but at the period of the Revolution the these the household god, the temple, great burst of mental emancipation took and the oracle, were the chief care of the place, which fertilized the field of liberty patriot and the philosopher. Under the with the ashes of tyranny and supersti- laws of Solon, the strictest oaths and tests tion; a field, that nothing but impatience of religious qualification were administerof our own good could tempt us to desert. Ied for admission into the Senate, Thus

in the infancy of the civilization of Eu- | plained of? Now, when he considered rope, more than two thousand years ago, that the civil power was impeded in Irewas this principle perceived. The same land, nay, that it was nullified-when he thing will be found in the Roman republic, saw the law powerless and impossible to various qualifications-age, property, the be enforced, by the existence of a political having served high offices, and certainly influence, which was against all law-then religion-were required. For then the priests he felt satisfied that the necessity was possessed considerable civil power; and Ci- proved. When he saw that no effective cero, in his "Oratio pro Domo," speaking of government could be formed on a princithe beneficial influence of religion in the ple of neutrality as to this question, then state, and of the sacerdotal power, says he felt satisfied, that the necessity was to them, "Hæc profectò tanta est, ut omnis proved for a change in our system with reipublicæ dignitas, omnium civium salus, respect to the Roman Catholics. If he vita, libertas, aræ, foci, Dii penates, bona, were asked, what that change should be, he fortunæ, domicilia-vestræ sapientiæ, fidei, would point to what had already been the potestatique commissa creditaque videan- consequences of the refusal of concessiontur." In this republic, the love of a man's that there had been in the country bloodcountry was defined to be his readiness shed and triumph. But of what nature to defend his religion and his home: when was that triumph? It was not a triumph banished, he was said to be driven from which united men in the bonds of civil his "penates:" and I have often won- concord, but which, on the contrary, dered that the youthful traveller, from formed the elements of a fresh triumph. whom we derive many of these theoretical He would studiously avoid the elements evils, should visit those seats of ancient of such a triumph. The question, then, liberty and learning-view their monu- for the consideration of their lordships ments of past glory, intermixed as they was, what was to be done? Were they to stand with splendid relies of religious disregard the opinions and advice of those institutions and return to his country, ministerially, locally, and judicially ac under a conviction that liberty and fixed quainted with the situation and affairs of religion cannot co-exist. Ireland? Were they to disregard the public and private information which they received, as to the necessity of that measure? He had received private informa¬ tion which assured him, that concessions must be granted, or else military law must be established in Ireland. He was as anxious as any one of their lordships to support the Protestant constitution: he had been bred up in its principles, and to those principles he most strictly and conscientiously adhered; and it was from a conviction that he was securing not endangering, that constitution, both in church and state, that he gave his support to the bill before their lordships. No imputation or obloquy which might be cast upon him-no charge of inconsistency, which, if made, he should repel-could induce him to withhold his support from a measure which he deemed calculated to give tranquillity to Ireland, and, at the same time, to consolidate and strengthen the empire at large. This, he conceived, might be looked upon as a second union, which would give efficacy and permanency to that which preceded it. Their lord ships had been asked, what securities had been obtained, or offered, to warrant their adoption of this measure? He, in his

My lords, I have occupied too much of your lordships' time; and will only add my belief, that Englishmen are also ready to defend their religion and their homes; that their love of their country is not a mere brutish attachment to the soil they feed upon, but to those venerable maxims and ancient institutions of their forefathers, in which their characters have been moulded, and which seem to hallow all their enjoyments. Tear up these, and you stagnate the best feelings of their hearts. There is a point to which their loyal affections will ever be immoveably affixed; and that point is the Protestant principle of our Revolution, that gave to them civil and religious liberty, and seated the illustrious house of Brunswick upon the British throne.

Lord Lilford began by denying, that the question before their lordships was a religious one. It was, he contended, one of expediency and state necessity, and the support or opposition which should be given to it, ought to depend on the answer to these two questions-had the expediency or state necessity been proved? And, would the measure proposed afford the remedy for the evils com

turn, would ask-did the measure itself
present no securities? His firm conviction
was, that the best, the most effective
security of all, they had in the value, the
purity, the super-excellence of the Pro-
testant religion. That, he believed, was
the best security; and possessing which
they needed not any other. By passing
the proposed bill, they would bind the
Roman Catholics to the constitution by
stronger ties than they possibly could do
by coercive measures, or by demanding
any security whatever: they would bind
them by their interests, their affections,
and their gratitude; and by so doing, they
would seal the bond of union of the em-
pire, and enable this country to defy the
world in arms. He repeated, that by plaint.
He repeated, that by
adopting this measure, they would best
secure the interests and safety of the Pro-
testant constitution, in church and state.
He begged pardon for having trespassed
upon the attention of their lordships, but
he could not abstain from expressing his
opinions indeed, he felt it his duty to
express them, upon a question of such
vital importance to the best interests of
the country.

The Earl of Westmoreland said :My lords; having already given a deliberate opinion on the measure, I hope I shall be excused in stating, as shortly as I can, my sentiments on a threadbare and worn-out subject. My lords, great complaints were made the other night, that the measure was hurried through the House. In the first place, I think the proceedings of the House were in such a case justified by the circumstances; and, in the next place, if I may be excused saying so, I think the noble lords opposed to the measure have taken the wrong point of opposition, whatever may be the ultimate plan with regard to the subject; because I hold, that every member of this House is bound to agree to the second reading of the bill, and to withhold his opposition, if opposition he contemplates, until it has gone through that stage. I beg leave, my lords, to state the situation in which the House is placed with reference to this point. At the opening of the session his majesty sends down to the House his gracious Speech, directing it to consider means for the pacification of Ireland, with a view to the settlement of the Catholic question; and to this speech the House offers no opposition, but answers unanimously, that it will take the subject

recommended by his majesty into consideration. Now, my lords, what situation do we stand in, if, the first moment the subject is proposed, we refuse to take it into consideration? But I think that this point rests upon still stronger grounds. My lords, a bill has been passed, and an extraordinary one, for the purpose of abolishing the Catholic Association, and it was recommended by his majesty and proposed to parliament, under the assurance that this very question would be taken into consideration. My lords, under that impression many members of the House assented to the bill, and with the same conviction the people of Ireland suffered it to pass almost without complaint. Now, what situation shall we stand in, both as regards the sovereign and the people of Ireland, if, on the very first step, instead of considering the question, instead of going into committee upon it, we turn short on his majesty and on those persons who withheld their opposition to the bill for suppressing the Association, and virtually say to the latter, "We did what we could to entrap you into silence, and, having effected our purpose, we shall not consider the question after all?" My lords, whatever opinion I may entertain upon the subject, I think we are bound to go into committee upon the bill; and if we find that it does not furnish sufficient securities, why then the time will have arrived for rejecting the

measure.

My lords, in this bill it is proposed to make serious alterations in the laws. I repeat alterations in the laws, and not in the constitution. I have been always opposed to these alterations. I was opposed to them because I thought them unnecessary and uncalled-for, and because I believed they would lead to consequences such as no man could foresee. I continue of the latter opinion yet; but with the impression, that the time has arrived when we must weigh between distant and speculative danger and pressing and urgent mischief. Between these two we are bound to strike a balance, and take that which is likely to be least productive of evil. My lords, after what has fallen from the throne, and after what has passed in this House, there can be no question that we are called upon to consider well this measure. I, for one, have been on this point very unlucky, for I have agreed with few. By one side I have been accused of

being a liberal, and all the mischief that now presses upon the country has been laid upon my shoulders; and by the other side I have been stigmatized as a persecutor and a bigot, because, my lords, I always retained the line of conduct which I considered most fitted to promote the peace and tranquillity of the country-a line of conduct by which I shall be guided with respect to this measure. I have had the honour of giving to the people of Ireland all the privileges of the British constitution, with the exception of some few offices and the eligibility to seats in parliament. The appointment of Catholics to seats in parliament I have resisted. I am proud that I was enabled to open to them all the situations open to Protestants, with these exceptions; and I do not envy those who wish to abridge their liberties, by depriving them of the exercise of the elective franchise in the sister country. I had the honour-much to the dissatisfaction of some who now patronize this measure I had the honour to exert myself to give the Catholics of England the same benefit which the people of Ireland derived from the acts passed for their advantage under his late majesty, and I believe, if the same principles of action had been perseveringly adopted, and if, instead of yielding to faction, due attention had been paid to the loyal and well-deserving Catholics of England-if they had been attended to, instead of submitting to faction, I believe, my lords, that the unhappy dilemma in which we are now placed would have been avoided. However, in that dilemma we are placed; and after hearing the speech of the noble duke at the head of the government, and after the Speech from the Throne, I entertain little doubt of the urgency of the measure. Events have taken place by which the powers of government are become paralyzed; and there are two things to be considered; namely, what is to be done, and the cause whence this position of affairs arises? The great and leading mischief at present is the division of the Protestants of Ireland. It is that which has given the foundation of their power to the Roman Catholics, and it is that which takes from us the power of resistance to their demands. In my mind it is absolutely necessary for the preservation of the church, as well as to meet the exigencies of the state, that the Protestants, in resisting, should be united. We have placed

ourselves in a dilemma, and I shall inquire how that dilemma arises. One cause of it may be found in the conduct of noble lords opposite. [A laugh from the opposition side.] I blame no man, but I assert that the question was made the source of English and Irish party, and that statements were sent abroad to work upon and inflame the public mind. The next party that I charge is the gentlemen and landholders of Ireland, who, for election purposes, have sacrificed themselves and their estates, and have given the legislative powers in that country into the hands of the Roman Catholics. There is another party-in which I am afraid I must include myself--that has been instrumental in producing this dilemma. I mean by that party every member of lord Liverpool's government during the last ten years. [hear! and a laugh.] To them we are mainly indebted for the situation in which we now are. In the first place, let us see what happened by the appointment, in the first instance, of a gentleman, strong in opinions favourable to concession (Mr. Charles Grant), to be the leading minister for Ireland. The Secretary of State for the Home Department of that time is responsible for the beginning of the consequences that resulted from the nomination of that gentleman. He is responsible, because it was impossible for the country to suppose that a government determined against concession would have named a gentleman holding these opinions, to fill so important a situation in the administration of Ireland. It was natural that all should see the appointment in this light, and I will say for myself, and for those who acted with me, that we are bound to look with favour upon those who were guided by this impression, and who have been brought by our own conduct into the dilemma. Let me ask what was the next step of the same kind taken by the government? The appointment of the Irish attorney-general-a person who was even stronger in his opinions than the secretary. I see the noble lord (Plunkett) in his place, and I hope the noble lord will excuse me for taking notice of this fact. I am happy to pay the tribute of a compliment to him and to a noble marquis; and, however we may differ in our opinions, I am prepared to say, that the government of Ireland has shown itself more ready to execute the laws than the lawyers and ministers of this country.

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