Lord Moira's letter was not 'an authorized communication,' but only 'a private communication,' it is clear that it could not have been written without the privity of the Regent.]
[Footnote 168: 'Life of Sheridan,' ii., 425.]
[Footnote 169: Pearce's 'Life of Lord Wellesley,' iii., 276. All the letters which passed between Lord Grey, Lord Grenville, Lord Moira, and Lord Wellesley himself are given at full length by Mr. Pearce in that chapter.]
[Footnote 170: Stapleton's 'George Canning and his Times,' p. 202.]
[Footnote 171: Mr. Stapleton affirms that his Royal Highness actually did adopt this plan on this occasion: 'His Royal Highness adopted the unprecedented course of commanding his servants to elect the First-minister. Their choice fell on Lord Liverpool.'-
CHAPTER VII. The Toleration Act.-Impropriety of making Catholic Emancipation (or any other Important Matter) an Open Question.-Joint Responsibility of all the Ministers.-Detention of Napoleon at St. Helena.-Question whether the Regent could Give Evidence in a Court of Law in a Civil Action.-Agitation for Reform.-Public Meetings.-The Manchester Meeting.-The Seditious Meetings Prevention Bill.-Lord Sidmouth's Six Acts.
The war was daily becoming of more exciting interest, and, so far as our armies were concerned, was rapidly assuming greater proportions. While the Duke of Portland was still at the head of affairs, Napoleon, by his unprovoked attacks on both the Peninsular kingdoms, had at last opened a field of action to our armies, in which even the most sanguine of those who placed a loyal confidence in the old invincibility of English prowess could not have anticipated the unbroken series of glories which were to reward their efforts. For four years Lord Wellington had contended against all the most renowned marshals of the Empire,[172] driving them back from impregnable lines of defence, defeating them in pitched battles, storming their strongest fortresses, without ever giving them room to boast of even the most momentary advantage obtained over himself; and he was now on the eve of achieving still more brilliant and decisive triumphs, which were never to cease till he had carried his victorious march far into the heart of France itself.
At such a time it may well be supposed that the attention of the new ministry was too fully occupied with measures necessary for the conduct of the war to leave it much time for domestic legislation. Yet even its first session was not entirely barren.
In the first excitement of the Restoration, when the nation was still exasperated at the recollection of what it had suffered under the triumphant domination of the Puritans, two laws had been framed to chastise them, conceived in a spirit as intolerant and persecuting as had dictated the very worst of their own. One, which was called the Conventicle Act, inflicted on all persons above the age of sixteen, who should be present at any religious service performed in any manner differently from the service of the Church of England, in any meeting-house, where more than five persons besides the occupiers of the house should be present, severe penalties, rising gradually to transportation; and gave a single magistrate authority to convict and to pass sentence on the offenders. The other, commonly known as the Five Mile Act, forbade all ministers, of any sect, who did not subscribe to the Act of Uniformity, and who refused to swear to their belief in the doctrine of passive obedience, from teaching in any school, and from coming within five miles of any city, corporate town, or borough sending members to Parliament, or any town or village in which they themselves had resided as ministers. The latter statute had fallen into complete disuse, and many of the provisions of the former had been relaxed, though magistrates in general construed the relaxing enactments as leaving the relaxations wholly at their discretion to grant or to withhold, and were very much in the habit of withholding or abridging them. Other statutes, such as the Test Act, had subsequently been passed against every sect of Dissenters, though they had only imposed civil disabilities, and had not inflicted penalties. But the new Prime-minister was a man to whose disposition anything resembling persecution was foreign and repugnant. Before his predecessor's unhappy death he had already discussed with him the propriety of abolishing laws conceived in such a spirit; and he no sooner found himself at the head of the government than he prepared a bill to carry out his views. He drew a distinction between the acts inflicting penalties and those which only imposed disabilities. With these latter he did not propose to interfere; but, in July, his colleague, Lord Castlereagh, introduced into the House of Commons a bill to repeal the Conventicle Act and the Five Mile Act altogether, and, when it had passed the Commons, he himself moved its adoption by the Lords, enforcing his recommendation by the argument, that 'an enlarged and liberal toleration was the best security to the Established Church, a Church not founded on the exclusion of religious discussion, but, in its homilies, its canons, and all the principles on which it rested, courting the investigation of the Scriptures, upon which it founded its doctrines.' At the same time, while urging the repeal of acts which he truly branded as a disgrace to the statute-book, he was not blind to the duty imposed on him, as responsible for the public tranquillity, of taking care that meetings held ostensibly for purposes of devotion should not be perverted to the designs of political agitators; and therefore he provided in the bill for the registration of all places appropriated to religious worship, and for the exaction from 'the preachers and teachers in those meetings of some test or security in the oaths to be taken by them.' He had already secured the acquiescence of the bishops, and he was equally successful now in winning the assent of the House. The conditions, such as they were, did not prevent the bill from being entirely acceptable to the Non- conformists; and though their spokesman in the House of Commons, Mr. W. Smith, member for Norwich, confessed a wish 'that it had gone a little farther, and had granted complete religious liberty,' he at the same time expressed sincere gratitude on the part of the Non-conformists for what was thus done for them; and declared that, 'as an act of toleration, it certainly was the most complete which had hitherto been passed in this country.' It was, in fact, the beginning of the abandonment of that system of discouragement of and hostility to all sects except the Established Church, which had hitherto been regarded by a large party as one of the most essential principles of the constitution. And as such it makes the year 1812 in some respects a landmark in our constitutional history.
Mr. Smith had referred to an omission which prevented him from speaking of the bill as complete. He was alluding to the Test and Corporation Acts, which had been passed ten years later than the Conventicle Act, in the same reign of Charles II., and which many of the Non-conformists, and especially the Unitarians, had urged Lord Liverpool to include in this measure of repeal, but which he decided on retaining. As has been said above, he drew a distinction between acts inflicting penalties and those which went no farther than imposing political disabilities, feeling that any relief of Protestant Dissenters from such disabilities must inevitably lead to the concession of a similar indulgence to Roman Catholics, and not being as yet prepared to admit to Parliament the members of a Church which recognized the duty of obedience in any matter to a foreign sovereign; for, as the disabilities had been originally imposed on the Roman Catholics, so they were now maintained on political, not religious, grounds; and even those most opposed to a relaxation of them were careful to explain their resistance to be one which time and a change of circumstances might mitigate.[173]
As a fitter opportunity for discussing the question will be afforded by the Duke of Wellington's bill, in 1829, we should not have mentioned it at all in this place, had not Lord Liverpool, in arranging his administration, adopted a mode of dealing with it which, though rather a parliamentary or departmental than a constitutional innovation, was, nevertheless, one of so strange a character as to seem to call for examination. Ever since the formation of Walpole's ministry it had been the invariable rule and practice for all the members of the cabinet to act in concert on all measures of importance, or, indeed it may be said, on all measures on which a Parliamentary vote was taken. But, in arranging his administration after Mr. Perceval's death, Lord Liverpool found it absolutely impossible to form one satisfactory either to the nation or to himself if it were to be confined to members in perfect agreement with himself on the subject of the retention of the disabilities affecting the Roman Catholics; and therefore, in order to be able to form a ministry generally strong and respected, he adopted the strange expedient of allowing every member of it to act independently on this one question. He made it what was called an open question. The arrangement, as explained to the House of Commons by Lord Castlereagh, the ministerial leader of that assembly, was that, 'in submission to the growing change of public opinion in favor of those claims (the Roman Catholic claims), and the real sentiments of certain members of the government, it had been resolved upon, as a principle, that the discussion of this question should be left free from all interference on the part of the government, and that every member of that government should in it be left to the free and unbiassed suggestions of his own conscientious discretion.'
It was an arrangement which secured the Prime-minister the co-operation of Lord Castlereagh himself, and
