The Express.
London, England, 1861-02-12 00:00:00

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LONDON, TUESDAY, FEB. 12.

PAIRLIAMENT will soon be called to discuss once
seces the beg-vexed question of Church-rates, Sir
JOHN Taztawrir having seized the earliest oppor-
tunity of introducing his Bill, which was read
the first time on Thursday last. The discussion
on the second reading is likely to prove, as it
ought to prove, more serious, energetic, and
practical than usuaL It ought, moreover, to
be not only an earnest but a final discus-
sion of the matter so far as the Lower House
is concenied. No object can be gained by put-
ting off the decision to another See LlOll or a future
day. All rational grounds as well as all the usual
pretexts of delay have been exhausted. The com-
mittee of the Upper House have concluded their
inquiries, and made their final recommendations.
During the last twelve months the more active
friends and foes of the rate have done their utmost
to influence public opinion, and no amount of
public agitation is likely substantially to alter their
relative position in the contest. All the materials
for a final decision are in the hands both of Par-
liament and the public. Under these circum-
stances a continuance of the agitation would be a
pure evil for the Church and the na-
tion. The Church, however, would inevi-
tably suffer most. Hitherto the violent efforts
of the pro-rate party have simply tended
to convert the question from a religious into a
political one, and no result could well be more fatal
to the true interests of the ltetablishment. During
the last thirty years, the Church having gradually
renounced her extreme political character, has in
that proportion gained in real usefulness and in-
fluence among the people. But if Church-rates
are to be made a party question, the Church will
again be dragged through all the mire of political
contests in every town and borough of the empire.
She will be exhibited in the odious character of
a self-appointed but tyrannical and oppressive tax-
gatherer, fighting for a needless impost on frivolous
and vexatious grounds, striving to exact the terms
of a hateful bond when three times the sum would
be voluntarily offered. Nothing could tend more
directly to destroy the influence of the Church,
and if her friends are wise they will never suffer
this question to become a mere party instrument.
The Church-rate conflicts that annually occur are
already a disgrace to religion. But if the agita-
tion is suffered to continue under political in-
fluences, these contests will not only rapidly
multiply in number, but become embittered by
the worst and lowest elements of religious and
political strife. To prevent this evil it is the
interest of all good citizens, but especially of all
true Churchmen, to abate the existing social
nuisance on any reasonable terms and without
delay.

We therefore appeal to the good sense of mem-
bers on both sides of the House to consider seriously
the actual state of the question. Only oue settle-
ment is now possible, and that is the uncondi-
tional abolition of the rate. The experience of
the last few years has conclusively demonstrated
this as the only feasible solution. Experienced
statesmen, hke Lord JOHN RUSSELL, for instance,
while theoretically in favour of the rate, have been
compelled, by the progress of opinion, to renounce
their speculative predilections, and unite with the
unconditional abolitionists. Thu recent organized
efforts of the pro-rate party have but helped to
demonstrate that this is the only practical solution
of the problem now possible. The " Church
Institution," and other similar associations,
have brought out the radical and hopeless differ-
ences which separate the nominal supporters of the
rate, and render it impossible for them to unite on
any common basis of action. The position of both
parties in the contest thus point to the same con-
clusion. On the one hand, the abolitionists will
accept of no compromise. They are a large and
powerful party, comprehending not only the whole
body of Nonconformists throughout the kingdom,
but a considerable section within the Establishment

itself. An influential minority of liberal and
patriotic Churchmen, both in Parliament and
throughout the country, are convinced that the
impost cannot be retained, and on this ground op-
pose all delusive attempts at compromise. In ad-
dition to their numbers, the abolitionist party poe-
seises all the strength which thorough union and
perfect organisation can impart. They act on a
clearly defined principle in favour of a simple,
straightforward policy. They originally began the
agitation, and have carried it on successfully to its
present point, and it is quite certain their efforts
will never cease till the rite is abolished. On the
other hand, the pro-rate party can agree on no
common basis of action. They are, indeed, split
up into hostile sections quite as bitterly opposed
to each other as they are to the abolitionists.
These sections may, however, for practical pur-
poem, be divided into those who are in favour of a
compromise and those who are not. The party of
compi.anige includes the great body of Conserve•
tires and nioderate Churchmen throughout the
country. This party has long since given up the
rate as a matter of principle. The Bill of the late
government, introduced by Mr. Wateout, provided
for the self-exemption of dissenters, and the com-
mittee of the House of lords recommended a

similar provision. The Church and Conservative

party in both Houses, while thus practically
abandoning the rate as a matter of principle, are,
however, by no means agreed as to the form of
compromise it would be expedient to adopt. Nor
Is the extreme party which opposes all compromise
at all more united either in principle or policy.
Mr. DISILANYL, with the zeal of a recent convert,
asserts that the principle of local self-government
is involved in the maintenance of this impost, and
that if Church-rates are abolished the political
freedom of Englishmen will be undermined and
destroyed. Archdeacon Desisox, the ecclesiastical
leader of this faction, is still bolder. He defends
the rate on purely Popish grounds. According to
him the principle of the Church is at stake in the
contest, and this principle denies the right of
private judgment in matters of religion, and
maintains the dogma of implicit faith in
the priest. In his recent lecture at
Clifton the Archdeacon, in explaining the
basis of the agitation in favour of Church-
rates, says explicitly :—" Ever since the Church
" of Cultist has been on the earth there has been
" a conflict going on in every Christian land be-
" tween the principle of the Church and the
" counter-principle. The principle of the Church
" is obedience to a divinely delegated authority, and
" the counter-principle is that which says, 'Nothing
" 'shall come in between the individual conscience
" s and the Divine Being.' " That is sufficiently
frank and straightforward, and in dealing with so
logical an opponent there can be no mistake.
Church-rates are defended by the extreme section
as an essential part of the principle that denies the
cardinal doctrine of the Reformation—the right of
private judgment in matters of religion. This
principle, if successful, would of course be destruc-
tive of all religious freedom. It need hardly be
said that all the sober organs of opinion within
the Church, as well as her earnest and influential
friends amongst public men in and out of Parlia-
ment, have repudiated this DENNION-DINRAELI
alliance, formed on such a basis and for such ob-
jects. Nor has the alliance yet produced any
definite policy. Archdeacon DENISON contents
himself with protesting earnestly againt all
' schemes of exemption. " I would rather,"
he says, " see the whole Church-rate ex-
" tinguished than attempts made to change it
" nominally by any plan of exemption." The
moderate party are equally decided against any
attempt being made to retain the rate in its pre-
sent form. Responsible members of this party, like
Mr. Srsv Mel, the member for Cambridge, have
publicly stated that if no compromise can be agreed
upon they will vote for its abolition. The only
point, therefore, on which the hostile sections of
the pro-rate party agree is, that each would rather
see the rate abolished than accept the scheme of the
other. The abolition of the rate is thus the only
good on which they can unite. From the point
which the question has now reached and the position
of all parties in relation to it, this is in fact the only
course which can now be pursued with any chance
of success. Practical politicians on both sides of
the House have long perceived this, and some
even on the Tory benches, like Lord Smartie, for
instance, have had the honesty and courage to de-
clare themselves in favour of immediate and total
abolition.

Tait Bankruptcy and Insolvency Bill, the most
conspicuous object iu the ministerial programme of
the session, was last night introduced in the House
of Commons with an exposition of its principles and
provisions worthy of the subject, and of the high re-
putation of the Attorney-General. The aim of Sir
It Stream. in the present bill is simply to effect
those changes in the law which have been called for
by public opinion, leaving the symmetrical arrange-
ment of the law for a more convenient season. The
first object aimed at in the measure is the separation
of the business of dividing a bankrupt's estate
among his creditors from matters which belong pri-
marily to the administration of justice. In the
eyes of the mercantile community a Court of Bank-
ruptcy is useful, or the contrary, according to the
measure of rapidity and efficiency with which it per-
forms the farmer of these functions. The Attorney-
General confesses, and perhaps the admission costs
him little, that for facility and economy the Court
of Chancery beats the Court of Bankruptcy hollow
in the administration of estates ; in fact, that at
present the estate of a deceased person may be
effected more quickly and economically in Chancery,
than it can be in private bands. It is proposed in
this bill to give creditors a far greater and more
effective part than they have hitherto had in
the work of distributing a bankrupt's assets,
and at the same time to sweep away a host of use-
less officers, whose fees, per-oeutages, and depreda-
tions under the guise of perquisites, have aggra-
vated the costliness of proceedings in the Court of
Bankruptcy to such an extent as to make it as
formidable to creditors as to debtors. The next
leading object of the bill is to bring the non-trader
debtor under the bankruptcy laws, so far as to apply
to him the principle that the estate of an insolvent
belongs to his creditors for e4ual division.
This is a point on which the explans-
lions of the Attorney-General are very full,
being directed to disarming the prejudices which
were aroused against the measure last session. It
does not follow, as some country gentlemen
have supposed, that if the law is modified so
as to bring the estate of both classes of insolvent
debtors under the same process of aqua! distribu-
tion, the testa of insolvency need be the same for
each. That the same general principle is good for
both has been all but universally admitted, and if
the Attorney-General can show that the provisions
by which he has sought to apply it to the case of the
non-trader are calculated to protect him from
injustice, it may be expected the objections made
to the bill of last session will not be renewed. We
have thus briefly noticed the general objects of the
Attorney-General's measure ; we must speak more
specifically of the machinery it provides when we
have the measure before us. The Bill, it will be
seen, was most favourably received by the House;
the Government, however, had better improve
than rely on the disposition of Parliament, and
push the measure forward.