And if this be the general rule, why should the case which we are

now considering be an exception to that rule? I have done my best

to understand why. I have read much bad oratory, and many foolish

petitions. I have heard with attention the reasons of my honourable

friend the Member for the University of Oxford; and I should have heard

the reasons of the honourable Member for Kent, if there had been any to

hear. Every argument by which my honourable friend the Member for the

University of Oxford tried to convince us that this case is an exception

to the general rule, will be found on examination to be an argument

against the general rule itself. He says that the possession which we

propose to sanction was originally a wrongful possession. Why, Sir, all

the statutes of limitation that ever were made sanction possession which

was originally wrongful. It is for the protection of possessors who are

not in condition to prove that their possession was originally rightful

that statutes of limitation are passed. Then my honourable friend

says that this is an ex post facto law. Why, Sir, so are all our great

statutes of limitation. Look at the Statute of Merton, passed in 1235;

at the Statute of Westminster, passed in 1275; at the Statute of James

the First, passed in 1623; at Sir George Savile's Act, passed in the

last century; at Lord Tenterden's Act, passed in our own time. Every one

of those Acts was retrospective. Every one of them barred claims arising

out of past transactions. Nor was any objection ever raised to what

was so evidently just and wise, till bigotry and chicanery formed that

disgraceful league against which we are now contending. But, it is said,

it is unreasonable to grant a boon to men because they have been many

years doing wrong. The length of the time during which they have enjoyed

property not rightfully their own, is an aggravation of the injury which

they have committed, and is so far from being a reason for letting them

enjoy that property for ever, that it is rather a reason for compelling

them to make prompt restitution. With this childish sophistry the

petitions on our table are filled. Is it possible that any man can be

so dull as not to perceive that, if this be a reason, it is a reason

against all our statutes of limitation? I do a greater wrong to my

tailor if I withhold payment of his bill during six years than if I

withhold payment only during two years. Yet the law says that at the

end of two years he may bring an action and force me to pay him with

interest, but that after the lapse of six years he cannot force me to

pay him at all. It is much harder that a family should be kept out of

its hereditary estate during five generations than during five days.

But if you are kept out of your estate five days you have your action of

ejectment; and, after the lapse of five generations, you have no remedy.

I say, therefore, with confidence, that every argument which has been

urged against this bill is an argument against the great principle of

prescription. I go further, and I say that, if there be any case which,

in an especial manner, calls for the application of the principle of

prescription, this is that case. For the Unitarian congregations have

laid out so much on these little spots of ground that it is impossible

to take the soil from them without taking from them property which is of

much greater value than the mere soil, and which is indisputably their

own. This is not the case of a possessor who has been during many years,

receiving great emoluments from land to which he had not a good title.

It is the case of a possessor who has, from resources which were

undoubtedly his own, expended on the land much more than it was

originally worth. Even in the former case, it has been the policy of all

wise lawgivers to fix a time of limitation. A fortiori, therefore, there

ought to be a time of limitation in the latter case.

And here, Sir, I cannot help asking gentlemen to compare the petitions

for this bill with the petitions against it. Never was there such a

contrast. The petitions against the bill are filled with cant, rant,

scolding, scraps of bad sermons. The petitions in favour of the bill

set forth in the simplest manner great practical grievances. Take, for

instance, the case of Cirencester. The meeting house there was built in

1730. It is certain that the Unitarian doctrines were taught there as

early as 1742. That was only twelve years after the chapel had been

founded. Many of the original subscribers must have been living. Many

of the present congregation are lineal descendants of the original

subscribers. Large sums have from time to time been laid out in

repairing, enlarging, and embellishing the edifice; and yet there are

people who think it just and reasonable that this congregation should,

after the lapse of more than a century, be turned out. At Norwich,

again, a great dissenting meeting house was opened in 1688. It is not

easy to say how soon Anti-Trinitarian doctrines were taught there. The

change of sentiment in the congregation seems to have been gradual: but

it is quite certain that, in 1754, ninety years ago, both pastor and

flock were decidedly Unitarian. Round the chapel is a cemetery filled

with the monuments of eminent Unitarians. Attached to the chapel are a

schoolhouse and a library, built and fitted up by Unitarians. And now

the occupants find that their title is disputed. They cannot venture to

build; they cannot venture to repair; and they are anxiously awaiting

our decision. I do not know that I have cited the strongest cases. I

am giving you the ordinary history of these edifices. Go to Manchester.

Unitarianism has been taught there at least seventy years in a chapel

on which the Unitarians have expended large sums. Go to Leeds. Four

thousand pounds have been subscribed for the repairing of the Unitarian

chapel there, the chapel where, near eighty years ago, Priestly, the

great Doctor of the sect, officiated. But these four thousand pounds are

lying idle. Not a pew can be repaired till it is known whether this bill

will become law. Go to Maidstone. There Unitarian doctrines have been

taught during at least seventy years; and seven hundred pounds have

recently been laid out by the congregation in repairing the chapel.

Go to Exeter. It matters not where you go. But go to Exeter. There

Unitarian doctrines have been preached more than eighty years; and two

thousand pounds have been laid out on the chapel. It is the same

at Coventry, at Bath, at Yarmouth, everywhere. And will a British

Parliament rob the possessors of these buildings? I can use no other

word. How should we feel if it were proposed to deprive any other class

of men of land held during so long a time, and improved at so large a

cost? And, if this property should be transferred to those who covet it,

what would they gain in comparison with what the present occupants would

lose? The pulpit of Priestley, the pulpit of Lardner, are objects

of reverence to congregations which hold the tenets of Priestley and

Lardner. To the intruders those pulpits will be nothing; nay, worse than

nothing; memorials of heresiarchs. Within these chapels and all around

them are the tablets which the pious affection of four generations

has placed over the remains of dear mothers and sisters, wives and

daughters, of eloquent preachers, of learned theological writers. To

the Unitarian, the building which contains these memorials is a hallowed

building. To the intruder it is of no more value than any other room

in which he can find a bench to sit on and a roof to cover him. If,

therefore, we throw out this bill, we do not merely rob one set of

people in order to make a present to another set. That would be bad

enough. But we rob the Unitarians of that which they regard as a most

precious treasure; of that which is endeared to them by the strongest

religious and the strongest domestic associations; of that which cannot

be wrenched from them without inflicting on them the bitterest pain and

humiliation. To the Trinitarians we give that which can to them be of

little or no value except as a trophy of a most inglorious victory won

in a most unjust war.

But, Sir, an imputation of fraud has been thrown on the Unitarians;

not, indeed, here, but in many other places, and in one place of which

I would always wish to speak with respect. The Unitarians, it has

been said, knew that the original founders of these chapels were

Trinitarians; and to use, for the purpose of propagating Unitarian

doctrine, a building erected for the purpose of propagating Trinitarian

doctrine was grossly dishonest. One very eminent person (The Bishop

of London.) has gone so far as to maintain that the Unitarians cannot

pretend to any prescription of more than sixty-three years; and he

proves his point thus:--Till the year 1779, he says, no dissenting

teacher was within the protection of the Toleration Act unless he

subscribed those articles of the Church of England which affirm

the Athanasian doctrine. It is evident that no honest Unitarian can

subscribe those articles. The inference is, that the persons who

preached in these chapels down to the year 1779 must have been either

Trinitarians or rogues. Now, Sir, I believe that they were neither

Trinitarians nor rogues; and I cannot help suspecting that the great

prelate who brought this charge against them is not so well read in the

history of the nonconformist sects as in the history of that Church of

which he is an ornament. The truth is that, long before the year 1779,

the clause of the Toleration Act which required dissenting ministers

to subscribe thirty-five or thirty-six of our thirty-nine articles

had almost become obsolete. Indeed, that clause had never been rigidly

enforced. From the very first there were some dissenting ministers who

refused to subscribe, and yet continued to preach. Calany was one; and

he was not molested. And if this could be done in the year in which the

Toleration Act passed, we may easily believe that, at a later period,

the law would not have been very strictly observed. New brooms, as

the vulgar proverb tells us, sweep clean; and no statute is so rigidly

enforced as a statute just made. But, Sir, so long ago as the year 1711,

the provisions of the Toleration Act on this subject were modified. In

that year the Whigs, in order to humour Lord Nottingham, with whom

they had coalesced against Lord Oxford, consented to let the Occasional

Conformity Bill pass; but they insisted on inserting in the bill a

clause which was meant to propitiate the dissenters. By this clause

it was enacted that, if an information were laid against a dissenting

minister for having omitted to subscribe the articles, the defendant

might, by subscribing at any stage of the proceedings anterior to

the judgment, defeat the information, and throw all the costs on the

informer. The House will easily believe that, when such was the state of

the law, informers were not numerous. Indeed, during the discussions of

1773, it was distinctly affirmed, both in Parliament and in manifestoes

put forth by the dissenting body, that the majority of nonconformist

ministers then living had never subscribed. All arguments, therefore,

grounded on the insincerity which has been rashly imputed to the

Unitarians of former generations, fall at once to the ground.

But, it is said, the persons who, in the reigns of James the Second, of

William the Third, and of Anne, first established these chapels, held

the doctrine of the Trinity; and therefore, when, at a later period, the

preachers and congregations departed from the doctrine of the Trinity,

they ought to have departed from the chapels too. The honourable and

learned gentleman, the Attorney General, has refuted this argument so

ably that he has scarcely left anything for me to say about it. It is

well-known that the change which, soon after the Revolution, began to

take place in the opinions of a section of the old Puritan body, was a

gradual, an almost imperceptible change. The principle of the English

Presbyterians was to have no confession of faith and no form of prayer.

Their trust deeds contained no accurate theological definitions.

Nonsubscription was in truth the very bond which held them together.

What, then, could be more natural than that, Sunday by Sunday,

the sermons should have become less and less like those of the old

Calvinistic divines, that the doctrine of the Trinity should have been

less and less frequently mentioned, that at last it should have ceased

to be mentioned, and that thus, in the course of years, preachers and

hearers should, by insensible degrees, have become first Arians, then,

perhaps, Socinians. I know that this explanation has been treated

with disdain by people profoundly ignorant of the history of English

nonconformity. I see that my right honourable friend near me (Mr Fox

Maule.) does not assent to it. Will he permit me to refer him to an

analogous case with which he cannot but be well acquainted? No person

in the House is more versed than he in the ecclesiastical history of

Scotland; and he will, I am sure, admit that some of the doctrines now

professed by the Scotch sects which sprang from the secessions of 1733

and 1760 are such as the seceders of 1733 and the seceders of 1760 would

have regarded with horror. I have talked with some of the ablest, most

learned, and most pious of the Scotch dissenters of our time; and they

all fully admitted that they held more than one opinion which their

predecessors would have considered as impious. Take the question of the

connection between Church and State. The seceders of 1733 thought that

the connection ought to be much closer than it is. They blamed the

legislature for tolerating heresy. They maintained that the Solemn

league and covenant was still binding on the kingdom. They considered

it as a national sin that the validity of the Solemn League and Covenant

was not recognised at the time of the Revolution. When George Whitfield

went to Scotland, though they approved of his Calvinistic opinions, and

though they justly admired that natural eloquence which he possessed in

so wonderful a degree, they would hold no communion with him because he

would not subscribe the Solemn League and Covenant. Is that the doctrine

of their successors? Are the Scotch dissenters now averse to toleration?

Are they not zealous for the voluntary system? Is it not their constant

cry that it is not the business of the civil magistrate to encourage any

religion, false or true? Does any Bishop now abhor the Solemn League

and Covenant more than they? Here is an instance in which numerous

congregations have, retaining their identity, passed gradually from one

opinion to another opinion. And would it be just, would it be decent in

me, to impute dishonesty to them on that account? My right honourable

friend may be of opinion that the question touching the connection

between the Church and State is not a vital question. But was that the

opinion of the divines who drew up the Secession Testimony? He well

knows that in their view a man who denied that it was the duty of the

government to defend religious truth with the civil sword was as much a

heretic as a man who denied the doctrine of the Trinity.

Again, Sir, take the case of the Wesleyan Methodists. They are zealous

against this bill. They think it monstrous that a chapel originally

built for people holding one set of doctrines should be occupied by

people holding a different set of doctrines. I would advise them to

consider whether they cannot find in the history of their own body

reasons for being a little more indulgent. What were the opinions of

that great and good man, their founder, on the question whether men not

episcopally ordained could lawfully administer the Eucharist? He told

his followers that lay administration was a sin which he never could

tolerate. Those were the very words which he used; and I believe that,

during his lifetime, the Eucharist never was administered by laymen

in any place of worship which was under his control. After his death,

however, the feeling in favour of lay administration became strong and

general among his disciples. The Conference yielded to that feeling. The

consequence is that now, in every chapel which belonged to Wesley, those

who glory in the name of Wesleyans commit, every Sacrament Sunday, what

Wesley declared to be a sin which he would never tolerate. And yet these

very persons are not ashamed to tell us in loud and angry tones that it

is fraud, downright fraud, in a congregation which has departed from its

original doctrines to retain its original endowments. I believe, Sir,

that, if you refuse to pass this bill, the Courts of Law will soon have

to decide some knotty questions which, as yet, the Methodists little

dream of.

It has, I own, given me great pain to observe the unfair and acrimonious

manner in which too many of the Protestant nonconformists have

opposed this bill. The opposition of the Established Church has been

comparatively mild and moderate; and yet from the Established Church we

had less right to expect mildness and moderation. It is certainly

not right, but it is very natural, that a church, ancient and richly

endowed, closely connected with the Crown and the aristocracy, powerful

in parliament, dominant in the universities, should sometimes forget

what is due to poorer and humbler Christian societies. But when I hear

a cry for what is nothing less than persecution set up by men who have

been, over and over again within my own memory, forced to invoke in

their own defence the principles of toleration, I cannot but feel

astonishment mingled with indignation. And what above all excites both

my astonishment and my indignation is this, that the most noisy among

the noisy opponents of the bill which we are considering are some

sectaries who are at this very moment calling on us to pass another

bill of just the same kind for their own benefit. I speak of those Irish

Presbyterians who are asking for an ex post facto law to confirm their

marriages. See how exact the parallel is between the case of those

marriages and the case of these chapels. The Irish Presbyterians have

gone on marrying according to their own forms during a long course of

years. The Unitarians have gone on occupying, improving, embellishing

certain property during a long course of years. In neither case did any

doubt as to the right arise in the most honest, in the most scrupulous

mind. At length, about the same time, both the validity of the

Presbyterian marriages and the validity of the title by which the

Unitarians held their chapels were disputed. The two questions came

before the tribunals. The tribunals, with great reluctance, with great

pain, pronounced that, neither in the case of the marriages nor in the

case of the chapels, can prescription be set up against the letter

of the law. In both cases there is a just claim to relief such as the

legislature alone can afford. In both the legislature is willing to

grant that relief. But this will not satisfy the orthodox Presbyterian.

He demands with equal vehemence two things, that he shall be relieved,

and that nobody else shall be relieved. In the same breath he tells us

that it would be most iniquitous not to pass a retrospective law for his

benefit, and that it would be most iniquitous to pass a retrospective

law for the benefit of his fellow sufferers. I never was more amused

than by reading, the other day, a speech made by a person of great note

among the Irish Presbyterians on the subject of these marriages. "Is it

to be endured," he says, "that the mummies of old and forgotten laws are

to be dug up and unswathed for the annoyance of dissenters?" And yet a

few hours later, this eloquent orator is himself hard at work in digging

up and unswathing another set of mummies for the annoyance of another

set of dissenters. I should like to know how he and such as he would

look if we Churchmen were to assume the same tone towards them which

they think it becoming to assume towards the Unitarian body; if we were

to say, "You and those whom you would oppress are alike out of our pale.

If they are heretics in your opinion, you are schismatics in ours. Since

you insist on the letter of the law against them, we will insist on the

letter of the law against you. You object to ex post facto statutes; and

you shall have none. You think it reasonable that men should, in spite

of a prescription of eighty or ninety years, be turned out of a chapel

built with their own money, and a cemetery where their own kindred lie,

because the original title was not strictly legal. We think it equally

reasonable that those contracts which you have imagined to be marriages,

but which are now adjudged not to be legal marriages, should be

treated as nullities." I wish from my soul that some of these orthodox

dissenters would recollect that the doctrine which they defend with so

much zeal against the Unitarians is not the whole sum and substance of

Christianity, and that there is a text about doing unto others as you

would that they should do unto you.

To any intelligent man who has no object except to do justice, the

Trinitarian dissenter and the Unitarian dissenter who are now asking us

for relief will appear to have exactly the same right to it. There

is, however, I must own, one distinction between the two cases. The

Trinitarian dissenters are a strong body, and especially strong among

the electors of towns. They are of great weight in the State. Some of

us may probably, by voting to-night against their wishes, endanger

our seats in this House. The Unitarians, on the other hand, are few in

number. Their creed is unpopular. Their friendship is likely to injure

a public man more than their enmity. If therefore there be among us

any person of a nature at once tyrannical and cowardly, any person who

delights in persecution, but is restrained by fear from persecuting

powerful sects, now is his time. He never can have a better opportunity

of gratifying his malevolence without risk of retribution. But, for my

part, I long ago espoused the cause of religious liberty, not because

that cause was popular, but because it was just; and I am not disposed

to abandon the principles to which I have been true through my whole

life in deference to a passing clamour. The day may come, and may come

soon, when those who are now loudest in raising that clamour may again

be, as they have formerly been, suppliants for justice. When that day

comes I will try to prevent others from oppressing them, as I now try

to prevent them from oppressing others. In the meantime I shall

contend against their intolerance with the same spirit with which I may

hereafter have to contend for their rights.

*****

THE SUGAR DUTIES. (FEBRUARY 26, 1845) A SPEECH DELIVERED IN THE HOUSE OF

COMMONS ON THE 26TH OF FEBRUARY, 1845.

On the twenty-sixth of February, 1845, on the question that the order of

the day for going into Committee of Ways and Means should be read, Lord

John Russell moved the following amendment:--"That it is the opinion

of this House that the plan proposed by Her Majesty's Government,

in reference to the Sugar Duties, professes to keep up a distinction

between foreign free labour sugar and foreign slave labour sugar, which

is impracticable and illusory; and, without adequate benefit to the

consumer, tends so greatly to impair the revenue as to render the

removal of the Income and Property Tax at the end of three years

extremely uncertain and improbable." The amendment was rejected by 236

votes to 142. In the debate the following Speech was made.

Sir, if the question now at issue were merely a financial or a

commercial question, I should be unwilling to offer myself to your

notice: for I am well aware that there are, both on your right and on

your left hand, many gentlemen far more deeply versed in financial and

commercial science than myself; and I should think that I discharged

my duty better by listening to them than by assuming the office of

a teacher. But, Sir, the question on which we are at issue with Her

Majesty's Ministers is neither a financial nor a commercial question.

I do not understand it to be disputed that, if we were to pronounce our

decision with reference merely to fiscal and mercantile considerations,

we should at once adopt the plan recommended by my noble friend. Indeed

the right honourable gentleman, the late President of the Board of

Trade (Mr Gladstone.), has distinctly admitted this. He says that

the Ministers of the Crown call upon us to sacrifice great pecuniary

advantages and great commercial facilities, for the purpose of

maintaining a moral principle. Neither in any former debate nor in

the debate of this night has any person ventured to deny that, both as

respects the public purse and as respects the interests of trade,

the course recommended by my noble friend is preferable to the course

recommended by the Government.

The objections to my noble friend's amendment, then, are purely moral

objections. We lie, it seems, under a moral obligation to make a

distinction between the produce of free labour and the produce of slave

labour. Now I should be very unwilling to incur the imputation of being

indifferent to moral obligations. I do, however, think that it is in

my power to show strong reasons for believing that the moral obligation

pleaded by the Ministers has no existence. If there be no such moral

obligation, then, as it is conceded on the other side that all fiscal

and commercial arguments are on the side of my noble friend, it follows

that we ought to adopt his amendment.

The right honourable gentleman, the late President of the Board of

Trade, has said that the Government does not pretend to act with perfect

consistency as to this distinction between free labour and slave labour.

It was, indeed, necessary that he should say this; for the policy of the

Government is obviously most inconsistent. Perfect consistency, I admit,

we are not to expect in human affairs. But, surely, there is a decent

consistency which ought to be observed; and of this the right honourable

gentleman himself seems to be sensible; for he asks how, if we admit

sugar grown by Brazilian slaves, we can with decency continue to stop

Brazilian vessels engaged in the slave trade. This argument, whatever

be its value, proceeds on the very correct supposition that the test

of sincerity in individuals, in parties, and in governments, is

consistency. The right honourable gentleman feels, as we must all feel,

that it is impossible to give credit for good faith to a man who on one

occasion pleads a scruple of conscience as an excuse for not doing a

certain thing, and who on other occasions, where there is no essential

difference of circumstances, does that very thing without any scruple

at all. I do not wish to use such a word as hypocrisy, or to impute that

odious vice to any gentleman on either side of the House. But whoever

declares one moment that he feels himself bound by a certain moral rule,

and the next moment, in a case strictly similar, acts in direct defiance

of that rule, must submit to have, if not his honesty, yet at least his

power of discriminating right from wrong very gravely questioned.

Miscellaneous Writings and Speeches — Volume 4 · 第 27 / 45 段