that a great majority of the clergy, and no small portion of the country gentlemen, were conscientiously and immovably fixed in opposition to any concession at all, some refusing to regard the question in any but a purely religious light, and objecting to associate in the task of legislation for those whom they regarded as adherents of an idolatrous superstition; while those who mingled political reasoning with that founded on theology dwelt also on the danger to be apprehended to the state, if political power were given to those whose allegiance to the King was divided with another allegiance which they acknowledged to a foreign prelate. And he had presently an unmistakable proof afforded him how great was the strength of this party in the country. Peel was one of the representatives of the University of Oxford; and, as from his earliest enjoyment of a seat in Parliament he had been a prominent opponent of the Roman Catholic claims, he considered that it was to that maintenance of a policy identified in their eyes with that Protestant ascendency which his supporters took to be both the chief bulwark and one of the most essential parts of the constitution that he owed his position as their member. With a conscientiousness which was rather overstrained, and not quite consistent with the legitimate position of a member of the House of Commons as a representative, and not a delegate, he now conceived that his change of view on the subject made it proper for him to give his constituents an opportunity of making choice of some one else who should more faithfully represent them. He accordingly resigned his seat, offering himself at the same time for re- election. But he was defeated by a very large majority, though his competitor was one who could not possibly be put on a level with him either for university distinction or for parliamentary eminence.
Not the less, however, for all their difficulties and discouragements, did the ministers proceed in the course on which they had resolved. They inserted in the speech with which the King opened the session of 1829 a recommendation to the Houses 'to take into consideration the whole condition of Ireland, and to review the laws which imposed civil disabilities on his Majesty's Roman Catholic subjects.' And with as little delay as possible they introduced a bill to remove those disabilities. But there was another measure which they felt it to be indispensable should precede it. A previous sentence of the royal speech had described the Catholic Association as one 'dangerous to the public peace, and inconsistent with the spirit of the constitution, keeping alive discord and ill-will among his Majesty's subjects, and one which must, if permitted to continue, effectually obstruct every effort permanently to improve the condition of Ireland.' And the ministers naturally regarded it as their first duty to suppress a body which could deserve to be so described. They felt, too, that the large measure of concession and conciliation which they were about to announce would lose half its grace, and more than half its effect, if it could possibly be represented as a submission to an agitation and intimidation which they had not the power nor the courage to resist. They determined, therefore, to render such an imputation impossible, by previously suppressing the Association. It was evident that it could not be extinguished by any means short of an act of Parliament. And the course pursued, with the discussions which took place respecting it, show in a very clear and instructive manner the view taken by statesmen of the difference between what is loyal or illegal, constitutional or unconstitutional; their apprehension that conduct may be entirely legal, that is to say, within the letter of the law, but at the same time perfectly unconstitutional, outside of and adverse to the whole spirit of the constitution. The royal speech had not ventured to describe the Association as illegal. The Duke of Wellington expressly admitted that 'in the original institution and formation of the society there was nothing strictly illegal.'[204] And its founder and chief, Mr. O'Connell, had been at all times careful to inculcate on his followers the necessity of avoiding any violation of the law. But the speech had also declared the association to be 'inconsistent with the spirit of the constitution.' And its acts, as the Duke proceeded to describe them, certainly bore out that declaration. 'Those acts consisted principally in levying a tax upon certain of his Majesty's subjects called Catholic rent, and this by means and acts of extreme violence; by appointing persons to collect these rents; and farther by adopting measures to organize the Catholic population; by appointing persons to superintend that organization; and by assuming to themselves the government of the country; and, still more, affecting to assume it. Besides, they expended this rent in a manner contrary to, and utterly inconsistent with, all law and order and the constitution of the country.' No member of either House denied the accuracy of this description of the Association's proceedings. And if it were correct, it was incontrovertible that the denunciation of it as an utterly unconstitutional body was not too strong. Indeed, the fact of its 'levying a tax' upon a portion of the King's subjects (to say nothing of the intimidation, amounting to compulsion, by which, as was notorious, it was in many instances exacted) was the assumption of one of the most important functions of the Imperial Parliament; it was the erection of an
It was, therefore, with the almost unanimous approval of both parties that the bill framed for the suppression of the Association was received. The framing of such a bill was not unattended by difficulties, as Peel acknowledged,[206] since 'no one wished to declare that every political meeting was illegal;' while at the same time it was necessary to guard against 'having its enactments evaded, since a more dangerous precedent than the successful evasion of acts of the Legislature could scarcely be conceived.' But the measure, as it was proposed, skilfully steered clear of these difficulties. It met them by intrusting 'the enforcement of the law to be enacted to one person alone.' The bill proposed 'to give to the Lord-lieutenant, and to him alone, the power of suppressing any association or meeting which he might think dangerous to the public peace, or inconsistent with the due administration of the law; together with power to interdict the assembly of any meeting of which previous notice should have been given, and which he should think likely to endanger the public peace, or to prove inconsistent with the due administration of the law.' And farther, 'to interdict any meeting or association which might be interdicted from assembling, or which might be suppressed under this act, from receiving and placing at their control any moneys by the name of rent, or any other name.' But the act was not to be one of perpetual duration. It could not be concealed that such a prohibition or limitation of the general right of public meeting and public discussion was a suspension of a part of the constitution; and therefore the ministers were content to limit its operation 'to one year and the end of the then next session of Parliament,' feeling 'satisfied that there would be no objection to continue it, if there should be any necessity for its continuance.' And this limitation was a substantial mitigation of its severity. It made the bill, as Mr. Stanley correctly described it, 'not a permanent infringement on the constitution, but a temporary deviation from it, giving those powers which were necessary at the moment,' but not maintaining them an hour longer than they were necessary.
And this seems to be the course most in accordance with the spirit of the constitution, with former practice, with common-sense. Deeds which violate the letter of the law can be dealt with by the law. But actions or courses of action which, even if they may be thought to overstep the law, transgress it so narrowly as to elude conviction, can only be reached by enactments which also go in some degree beyond the ordinary law; and, so going beyond it, are to that extent encroachments on the ordinary privileges and rights of the subject, and suspensions of the constitution. But the very term 'suspension' shows that the power conferred is but temporary, otherwise it would be synonymous with abrogation. And all parties may wisely agree, as they did in this instance, to a temporary suspension of the people's rights, though there would be none to whom their permanent abrogation would not be intolerable.
The bill, then, for the suppression of the Association passed with universal approval, and it may be regarded as furnishing a model for dealing with similar associations, if ever they should arise. And as soon as it was passed Mr. Peel introduced the greater measure, that for the repeal of the disabilities. In drawing the necessary bill the ministers had had two questions of special importance to consider: firstly, whether it should be unlimited concession which should be granted, such as would throw open to the Roman Catholics every kind of civil office; and, secondly, whether it should be accompanied by any other measure, which might render it more palatable to its adversaries, as diminishing a portion at least of the dangers which those who regarded the question in a purely political light most apprehended. On the first point it was determined that, with the exception of three civil offices, those of the Lord Chancellors of England and Ireland and the Lord-lieutenant of Ireland,[207] and some of a purely ecclesiastical character, such as the Judge of the Court of Arches, every kind of preferment should be opened to the Roman Catholics.[208] The declaration against Transubstantiation and the oath of supremacy, certain expressions in which were the obstacles which had hitherto kept the Roman Catholics out of office and out of Parliament, were to be repealed, and another to be substituted for them which should merely bind him who took it to defend the King, to maintain the Protestant succession, and to declare that 'it was not an article of his faith, and that he renounced, rejected, and abjured the opinion, that princes excommunicated or deposed by the Pope might be
