You do indeed try to hold out hopes of one or two legislative reforms

beneficial to Ireland; but these hopes, I am afraid, will prove

delusive. You hint that you have prepared a Registration bill, of which

the effect will be to extend the elective franchise. What the provisions

of that bill may be we do not know. But this we know, that the matter

is one about which it is utterly impossible for you to do anything that

shall be at once honourable to yourselves and useful to the country.

Before we see your plan, we can say with perfect confidence that it must

either destroy the last remnant of the representative system in Ireland,

or the last remnant of your own character for consistency.

About the much agitated question of land tenure you acknowledge that

you have at present nothing to propose. We are to have a report, but you

cannot tell us when.

The Irish Church, as at present constituted and endowed, you are fully

determined to uphold. On some future occasion, I hope to be able to

explain at large my views on that subject. To-night I have exhausted

my own strength, and I have exhausted also, I am afraid, the kind

indulgence of the House. I will therefore only advert very briefly to

some things which have been said about the Church in the course of the

present debate.

Several gentlemen opposite have spoken of the religious discord which is

the curse of Ireland in language which does them honour; and I am only

sorry that we are not to have their votes as well as their speeches.

But from the Treasury bench we have heard nothing but this, that the

Established Church is there, and that there it must and shall remain. As

to the speech of the noble lord the Secretary for the Colonies, really

when we hear such a pitiable defence of a great institution from a

man of such eminent abilities, what inference can we draw but that the

institution is altogether indefensible? The noble lord tells us that the

Roman Catholics, in 1757, when they were asking to be relieved from the

penal laws, and in 1792, when they were asking to be relieved from civil

disabilities, professed to be quite willing that the Established Church

should retain its endowments. What is it to us, Sir, whether they did or

not? If you can prove this Church to be a good institution, of course

it ought to be maintained. But do you mean to say that a bad institution

ought to be maintained because some people who have been many years in

their graves said that they did not complain of it? What if the Roman

Catholics of the present generation hold a different language on

this subject from the Roman Catholics of the last generation? Is this

inconsistency, which appears to shock the noble lord, anything but the

natural and inevitable progress of all reform? People who are oppressed,

and who have no hope of obtaining entire justice, beg to be relieved

from the most galling part of what they suffer. They assure the

oppressor that if he will only relax a little of his severity they shall

be quite content; and perhaps, at the time, they believe that they shall

be content. But are expressions of this sort, are mere supplications

uttered under duress, to estop every person who utters them, and all

his posterity to the end of time, from asking for entire justice? Am I

debarred from trying to recover property of which I have been robbed,

because, when the robber's pistol was at my breast, I begged him to take

everything that I had and to spare my life? The noble lord knows

well that, while the slave trade existed, the great men who exerted

themselves to put an end to that trade disclaimed all thought of

emancipating the negroes. In those days, Mr Pitt, Mr Fox, Lord

Grenville, Lord Grey, and even my dear and honoured friend of whom I can

never speak without emotion, Mr Wilberforce, always said that it was a

calumny to accuse them of intending to liberate the black population of

the sugar islands. In 1807 the present Duke of Northumberland, then

Lord Percy, in the generous enthusiasm of youth, rose to propose in

this House the abolition of slavery. Mr Wilberforce interposed, nay, I

believe, almost pulled Lord Percy down. Nevertheless in 1833 the

noble lord the Secretary for the Colonies brought in a bill to abolish

slavery. Suppose that when he resumed his seat, after making that most

eloquent speech in which he explained his plan to us, some West Indian

planter had risen, and had said that in 1792, in 1796, in 1807, all the

leading philanthropists had solemnly declared that they had no intention

of emancipating the negroes; would not the noble lord have answered that

nothing that had been said by anybody in 1792 or 1807 could bind us not

to do what was right in 1833?

This is not the only point on which the noble lord's speech is quite at

variance with his own conduct. He appeals to the fifth article of the

Treaty of Union. He says that, if we touch the revenues and privileges

of the Established Church, we shall violate that article; and to violate

an article of the Treaty of Union is, it seems, a breach of public faith

of which he cannot bear to think. But, Sir, why is the fifth article

to be held more sacred than the fourth, which fixes the number of Irish

members who are to sit in this House? The fourth article, we all

know, has been altered. And who brought in the bill which altered that

article? The noble lord himself.

Then the noble lord adverts to the oath taken by Roman Catholic members

of this House. They bind themselves, he says, not to use their power

for the purpose of injuring the Established Church. I am sorry that the

noble lord is not at this moment in the House. Had he been here I should

have made some remarks which I now refrain from making on one or two

expressions which fell from him. But, Sir, let us allow to his argument

all the weight which he can himself claim for it. What does it prove?

Not that the Established Church of Ireland is a good institution; not

that it ought to be maintained; but merely this, that, when we are about

to divide on the question whether it shall be maintained, the Roman

Catholic members ought to walk away to the library. The oath which they

have taken is nothing to me and to the other Protestant members who have

not taken it. Suppose then our Roman Catholic friends withdrawn. Suppose

that we, the six hundred and twenty or thirty Protestant members remain

in the House. Then there is an end of this argument about the oath. Will

the noble lord then be able to give us any reason for maintaining the

Church of Ireland on the present footing?

I hope, Sir, that the right honourable Baronet the first Lord of the

Treasury will not deal with this subject as his colleagues have dealt

with it. We have a right to expect that a man of his capacity, placed

at the head of government, will attempt to defend the Irish Church in

a manly and rational way. I would beg him to consider these

questions:--For what ends do Established Churches exist? Does the

Established Church of Ireland accomplish those ends or any one of those

ends? Can an Established Church which has no hold on the hearts of the

body of the people be otherwise than useless, or worse than useless? Has

the Established Church of Ireland any hold on the hearts of the body

of the people? Has it been successful in making proselytes? Has it been

what the Established Church of England has been with justice called,

what the Established Church of Scotland was once with at least equal

justice called, the poor man's Church? Has it trained the great body

of the people to virtue, consoled them in affliction, commanded their

reverence, attached them to itself and to the State? Show that these

questions can be answered in the affirmative; and you will have

made, what I am sure has never yet been made, a good defence of the

Established Church of Ireland. But it is mere mockery to bring us

quotations from forgotten speeches, and from mouldy petitions presented

to George the Second at a time when the penal laws were still in full

force.

And now, Sir, I must stop. I have said enough to justify the vote which

I shall give in favour of the motion of my noble friend. I have shown,

unless I deceive myself, that the extraordinary disorders which now

alarm us in Ireland have been produced by the fatal policy of the

Government. I have shown that the mode in which the Government is now

dealing with those disorders is far more likely to inflame than to allay

them. While this system lasts, Ireland can never be tranquil; and till

Ireland is tranquil, England can never hold her proper place among the

nations of the world. To the dignity, to the strength, to the safety of

this great country, internal peace is indispensably necessary. In every

negotiation, whether with France on the right of search, or with America

on the line of boundary, the fact that Ireland is discontented is

uppermost in the minds of the diplomatists on both sides, making the

representative of the British Crown timorous, and making his adversary

bold. And no wonder. This is indeed a great and splendid empire, well

provided with the means both of annoyance and of defence. England can do

many things which are beyond the power of any other nation in the world.

She has dictated peace to China. She rules Caffraria and Australasia.

She could again sweep from the ocean all commerce but her own. She could

again blockade every port from the Baltic to the Adriatic. She is able

to guard her vast Indian dominions against all hostility by land or

sea. But in this gigantic body there is one vulnerable spot near to the

heart. At that spot forty-six years ago a blow was aimed which narrowly

missed, and which, if it had not missed, might have been deadly. The

government and the legislature, each in its own sphere, is deeply

responsible for the continuance of a state of things which is fraught

with danger to the State. From my share of that responsibility I shall

clear myself by the vote which I am about to give; and I trust that the

number and the respectability of those in whose company I shall go into

the lobby will be such as to convince the Roman Catholics of Ireland

that they need not yet relinquish all hope of obtaining relief from the

wisdom and justice of an Imperial Parliament.

*****

DISSENTERS' CHAPELS BILL. (JUNE 6, 1844) A SPEECH DELIVERED IN THE HOUSE

OF COMMONS ON THE 6TH OF JUNE 1844.

An attempt having been made to deprive certain dissenting congregations

of property which they had long enjoyed, on the ground that they did not

hold the same religious opinions that had been held by the purchasers

from whom they derived their title to that property, the Government of

Sir Robert Peel brought in a bill fixing a time of limitation in such

cases. The time fixed was twenty-five years.

The bill, having passed the Lords, came down to the House of Commons.

On the sixth of June 1844, the second reading was moved by the Attorney

General, Sir William Follett. Sir Robert Inglis, Member for the

University of Oxford, moved that the bill should be read a second time

that day six months: and the amendment was seconded by Mr Plumptre,

Member for Kent. Early in the debate the following Speech was made.

The second reading was carried by 307 votes to 117.

If, Sir, I should unhappily fail in preserving that tone in which the

question before us ought to be debated, it will assuredly not be for

want either of an example or of a warning. The honourable and learned

Member who moved the second reading has furnished me with a model which

I cannot too closely imitate; and from the honourable Member for Kent,

if I can learn nothing else, I may at least learn what temper and what

style I ought most carefully to avoid.

I was very desirous, Sir, to catch your eye, not because I was so

presumptuous as to hope that I should be able to add much to the

powerful and luminous argument of the honourable and learned gentleman

who has, to our great joy, again appeared among us to-night; but because

I thought it desirable that, at an early period in the debate, some

person whose seat is on this side of the House, some person strongly

opposed to the policy of the present Government, should say, what I

now say with all my heart, that this is a bill highly honourable to

the Government, a bill framed on the soundest principles, and evidently

introduced from the best and purest motives. This praise is a tribute

due to Her Majesty's Ministers; and I have great pleasure in paying it.

I have great pleasure also in bearing my testimony to the humanity, the

moderation, and the decorum with which my honourable friend the Member

for the University of Oxford has expressed his sentiments. I must

particularly applaud the resolution which he announced, and to which he

strictly adhered, of treating this question as a question of meum and

tuum, and not as a question of orthodoxy and heterodoxy. With him it is

possible to reason. But how am I to reason with the honourable Member

for Kent, who has made a speech without one fact, one argument, one

shadow of an argument, a speech made up of nothing but vituperation? I

grieve to say that the same bitterness of theological animosity which

characterised that speech may be discerned in too many of the petitions

with which, as he boasts, our table has been heaped day after day. The

honourable Member complains that those petitions have not been treated

with proper respect. Sir, they have been treated with much more respect

than they deserved. He asks why we are to suppose that the petitioners

are not competent to form a judgment on this question? My answer is,

that they have certified their incompetence under their own hands. They

have, with scarcely one exception, treated this question as a question

of divinity, though it is purely a question of property: and when I see

men treat a question of property as if it were a question of divinity, I

am certain that, however numerous they may be, their opinion is entitled

to no consideration. If the persons whom this bill is meant to relieve

are orthodox, that is no reason for our plundering anybody else in

order to enrich them. If they are heretics, that is no reason for our

plundering them in order to enrich others. I should not think myself

justified in supporting this bill, if I could not with truth declare

that, whatever sect had been in possession of these chapels, my conduct

would have been precisely the same. I have no peculiar sympathy with

Unitarians. If these people, instead of being Unitarians, had been Roman

Catholics, or Wesleyan Methodists, or General Baptists, or Particular

Baptists, or members of the Old Secession Church of Scotland, or members

of the Free Church of Scotland, I should speak as I now speak, and vote

as I now mean to vote.

Sir, the whole dispute is about the second clause of this bill. I can

hardly conceive that any gentleman will vote against the bill on account

of the error in the marginal note on the third clause. To the first

clause my honourable friend the Member for the University of Oxford

said, if I understood him rightly, that he had no objection; and indeed

a man of his integrity and benevolence could hardly say less after

listening to the lucid and powerful argument of the Attorney General. It

is therefore on the second clause that the whole question turns.

The second clause, Sir, rests on a principle simple, well-known, and

most important to the welfare of all classes of the community. That

principle is this, that prescription is a good title to property, that

there ought to be a time of limitation, after which a possessor,

in whatever way his possession may have originated, must not be

dispossessed. Till very lately, Sir, I could not have imagined that,

in any assembly of reasonable, civilised, of educated men, it could be

necessary for me to stand up in defence of that principle. I should have

thought it as much a waste of the public time to make a speech on such

a subject as to make a speech against burning witches, against trying

writs of right by wager of battle, or against requiring a culprit to

prove his innocence by walking over red-hot ploughshares. But I find

that I was in error. Certain sages, lately assembled in conclave at

Exeter Hall, have done me the honour to communicate to me the fruits of

their profound meditations on the science of legislation. They have,

it seems, passed a resolution declaring that the principle, which I had

supposed that no man out of Bedlam would ever question, is an untenable

principle, and altogether unworthy of a British Parliament. They have

been pleased to add, that the present Government cannot, without gross

inconsistency, call on Parliament to pass a statute of limitation.

And why? Will the House believe it? Because the present Government has

appointed two new Vice Chancellors.

Really, Sir, I do not know whether the opponents of this bill shine

more as logicians or as jurists. Standing here as the advocate of

prescription, I ought not to forget that prescriptive right of talking

nonsense which gentlemen who stand on the platform of Exeter Hall are

undoubtedly entitled to claim. But, though I recognise the right, I

cannot but think that it may be abused, and that it has been abused on

the present occasion. One thing at least is clear, that, if Exeter Hall

be in the right, all the masters of political philosophy, all the great

legislators, all the systems of law by which men are and have been

governed in all civilised countries, from the earliest times, must be

in the wrong. How indeed can any society prosper, or even exist, without

the aid of this untenable principle, this principle unworthy of a

British legislature? This principle was found in the Athenian law. This

principle was found in the Roman law. This principle was found in the

laws of all those nations of which the jurisprudence was derived from

Rome. This principle was found in the law administered by the Parliament

of Paris; and, when that Parliament and the law which it administered

had been swept away by the revolution, this principle reappeared in

the Code Napoleon. Go westward, and you find this principle recognised

beyond the Mississippi. Go eastward, and you find it recognised beyond

the Indus, in countries which never heard the name of Justinian, in

countries to which no translation of the Pandects ever found its way.

Look into our own laws, and you will see that the principle, which is

now designated as unworthy of Parliament, has guided Parliament ever

since Parliament existed. Our first statute of limitation was enacted

at Merton, by men some of whom had borne a part in extorting the Great

Charter and the Forest Charter from King John. From that time to this

it has been the study of a succession of great lawyers and statesmen to

make the limitation more and more stringent. The Crown and the Church

indeed were long exempted from the general rule. But experience fully

proved that every such exemption was an evil; and a remedy was at last

applied. Sir George Savile, the model of English country gentlemen, was

the author of the Act which barred the claims of the Crown. That eminent

magistrate, the late Lord Tenterden, was the author of the Act which

barred the claims of the Church. Now, Sir, how is it possible to believe

that the Barons, whose seals are upon our Great Charter, would

have perfectly agreed with the great jurists who framed the Code of

Justinian, with the great jurists who framed the Code of Napoleon, with

the most learned English lawyers of the nineteenth century, and with the

Pundits of Benares, unless there had been some strong and clear reason

which necessarily led men of sense in every age and country to the same

conclusion? Nor is it difficult to see what the reason was. For it is

evident that the principle which silly and ignorant fanatics have called

untenable is essential to the institution of property, and that, if you

take away that principle, you will produce evils resembling those which

would be produced by a general confiscation. Imagine what would follow

if the maxims of Exeter Hall were introduced into Westminster Hall.

Imagine a state of things in which one of us should be liable to be sued

on a bill of exchange indorsed by his grandfather in 1760. Imagine a

man possessed of an estate and manor house which had descended to him

through ten or twelve generations of ancestors, and yet liable to be

ejected because some flaw had been detected in a deed executed three

hundred years ago, in the reign of Henry the Eighth. Why, Sir, should

we not all cry out that it would be better to live under the rule of

a Turkish Pasha than under such a system. Is it not plain that the

enforcing of an obsolete right is the inflicting of a wrong? Is it

not plain that, but for our statutes of limitation, a lawsuit would be

merely a grave, methodical robbery? I am ashamed to argue a point so

clear.

Miscellaneous Writings and Speeches — Volume 4 · 第 26 / 45 段