The Sun.
London, England, 1860-11-12 00:00:00

A DEMOCR.

TICULTIES.

The city of Edinburgh is, as the world knows,
vexed with a direct tax for the support of the Esta-
blished clergy. Last session an act was passed
which reduced the tax one-half, slightly altered its
incidence, laid a ld. rate on the suburban districts,
and imposed pretty stringent conditions for raising
the tax and securing the payment of the stipends.
Forgetful of the great point gained in the modifica-
tion of the tax, and looking only to the ma-
chinery for collecting the tax, and the strict
terms of the bonds, which transfer the city's whole
available property to the Ecclesiastical Commis-
sion as security for the clergy, the Radical party
have raised an outcry against the tax, quite as
violent as any with which the unfortune rate has
been received during its existence of 200 years.
Ratepayers by the hundred came forward and pro-
fessed their determination not to pay, and a party
in the council have just failed in a bold attempt to
prevent the council from executing the bonds re-
quired by the statute. • The propriety of obedience
or disobedience to the law has actually been made
a public question, and the most revolutionary doc-
trines have been broached as to the rights of citi-
zens to resist the taxgatherer. At the municipal
elections last week one of the wards returned a
councillor knowing he would not act, and in the
expectation that, by preventing the council from
being in time completed, the bonds, which the
statute required should be executed before the 11th
of November, could not be signed. The mere at-
tempt created no little sensation in the town, for,
had it succeeded, the character of the municipality
would have been once more compromised by the
repudiation of statutory obligations. The question
of the signing of the bonds tame before the Town
Council at its meeting on Friday, and a few ex-
tracts from its proceedings may serve to illustrate
the extraordinary controversy which now disturbs
the Scotch metropolis. The Lord Provost presided,
and all the existing councillors were present, num-
bering 39, there being two vacancies, owing to the
sham election by one ward and the return of a
disqualified candidate by another. The small por-
tion of the chamber allotted to the public was
crowded to excess, and chiefly by malcontent rate-
payers.
The opinion was read of Mr. George Young,
advocate, who advised the Lord Provost and coun-
cil that they might lawfully proceed to business,
although the council might not be completed in
consequence of parties elected declining to accept,
and that the council was never for a day disqualified
for the performance of the duties. The LORD
PROVOST accordingly moved—That the council
proceed to.business ; and Bailie GEORGE RUSSELL

-moved—That the council not being full, was ille-
gally called, and no business could be legally
transacted.

The amendment was lost by 21 to 14.
Bailie JOHNSTON, in a lengthened speech pro-
posed the adoption of a protest against the Act,
which, " though clothed with the sanction of law,
is a violation of the rights which by the constitu-
tion belong to all corporate and private property ;"
but at the same time moved " That the Lord Provost,
treasurer, and clerk be authorized to execute the
bonds in terms of the statute," holding that the
case did not involve a question of conscience, nor
justify resort to a revolutionary resistance to the
law.

Bailie FORIIESTER contended that they were
bound as dutiful and loyal subjects to give obedience
to the Act of Parliament. (" Oh, oh !" and hisses
from the audience.) He therefore moved simply
" That the bonds be executed in terms of the
statute."

The Dean of GUILD pointed out the fact that the
arrangement embodied in the Act, which reduced
the number of clergy from 18 to 13, and guaranteed
them £6OO a-year, had not been objected to in the
discussions on the bill ; yet now, when it was ne-
cessary to sign these bonds in order to carry the
arrangement into effect, all this agitation and dis-
turbance was got up, which he thought was both
inconsistent and uncalled for. (" Oh !" and a
laugh.) It was known that a former dereliction of
duty on the part of the council had brought on them
vet y heavy penalties They attempted to divert
some money from its proper object; they atempted
to misappropriate the money of Trinity College
Church, which was the cause of their losing
the patronage of the University. (" Oh !
oh !") He was satisfied, if this excitement
were continued, and if this attempt to subvert
the laws of the land were insisted on, they would
meet with the same reward again. They would
lose the patronage of the city churches, and even
their municipal institutions would be at stake.
Were the supporters of this Act, he asked, to be
browbeaten by men at every corner, and treated as
if they were robbers ? (Hisses, and a voice, "So
you are !") He altogether condemned this agita-
tion and those who pt it up. (Hisses, and a voice,
Oh yes, we'll keep it up.")
Mr. FORD moved "That the council do not au-
thorize the signing of the bonds." He was as loyal
a subject as Bailie Forrester; but when he found a
law crammed down his throat in the way this had
been, then he took a leaf out of history, and would
take every means to resist it. (Applause outside.)
They had had a good many quotations from learned
men. He was not much acquainted with the
classics. He did not know very much about the
history of his own country ; the more shame to him.
But he thought he had read that there was once a
law instituted called " ship money." It was only a
penny, he believed, but there was a man in Eng-
land who resisted it. He did not protest against it,
but he would not pay. (Applause outside the bar.)
, Mr. MaeKNIGHT—It was not an Act of Parlia-
ment.
Mr. FORD—What was it then ? It was an act of
some kind at any rate. (Laughter.)
Bailie JOIINSTON—Oh ! you're out of history.
Mr. FORD—It was a very common-sense way he
took, at any rate, to get quit of a very unjust law.
Mr. MACKNIGHT—It was not a law.
Mr. FORD—What was it, then ?
Mr. MACKNIGHT—It was a Royal ordinance.
Mr. FORD—WeII, this is a Parliamentary ordi-
nance, and we protest against it—almost the whole
citizens protest against it. (Cries of "No," and
cheers outside.)
Professor DICK (Veterinary College) pointed out
that there was no penalty for non-signature, and
asked why should they needlessly put their neck
into the noose?
Mr. HILL said the securities would be inopera-
tive so long as the stipends were paid. The bonds
were required by Parliament to be delivered ; the
order for this was absolute and imperative, and
nothing but an act of perverse rebellion and dis-
obedience could stand in the way of their compli-
ance, which, if they were guilty of, they might rest
assured, would be visited by a just and righteous
retribution. (" Oh !" " Hear !" and hissing outside.)
If they refused to do their duty they brought upon
themselves the very evil they conjured up—the con-
fiscation of the city's property—and exhibited them-
selves to Parliament and the public as disobedient
and disloyal subjects, and very unworthy to
hold their places there. There was a duty incum-
bent on every one here, and more especially on
every magistrate, to obey the law himself, and to
see that it was obeyed by others in its spirit and
integrity, even though it might not be in conso-
nance with his own ideas of equity and justice.
(Hissing outside.)
Mr. MACICNIGNT said it had been asked what was
the penalty of disobedience in this case ? Now, he
said distinctly that the man who refused to obey
a statutory duty might be found liable in the
highest penalty. (Oh ! and a voice, " Hanging !")
It might be that the community, or the town coun-
cillors individually, might bo found liable for a
pecuniary amount far exceeding the amount of the
tax. (Cheers, and a laugh.) That might not be the
opinion of some gentlemen, but any one who looked
into the law of the case must see that the property
of the city might be as effectively confiscated by
the Court of Session as damages for disobedience of
the statute, as they could possibly be by their
signing the bonds. (" Oh," and "Hear.")
Treasurer GREIG complained of the degrading
conditions of the act in its dealing with the civic
property, and said, though he would comply with
the statute, the constitution enabled them to agi-
tate, and he hoped they would nevercease to agitate
until these degrading conditions were removed.
Mr. AUCHIE said, had this been a national and
not a local grievance, the legislature would have
dealt with it in a very different way.
Mr. CURROR said if they did not sign they would
just have to pay the expenses of an action and
judgment against them in the Court of Session,
which would have the effect of taking the manage-
ment of the town's funds out of their hands.

The LORD PRovosT said they were under a sta-
tutory obligation to sign the bonds, and if they did
not fulfil that obligation it could be enforced in a

court of law. Nov, he was just as much disposed to
give obedience to a clause in a statute as to a judg-
ment of the court, and he did. not think it neces-

sary to wait for a judgment of the court to compel
him to do what the clause of the statute required
him to do. (Hear.) He was asked to disobey the
law, but he could not encourage any one to disobey
the law. He had 11 is opinion of the legislature pass-
ing a local act which obliged them to consider the
propriely of obedience or disobedience, but be had
no scruple in obeying, 40 in advising others to
obey the law while it was law. But it must be re-
membered that law in this country was founded on
opinion, not on force; and no law could be safe or
prudently put in execution which was opposed 4 4s
he believed this local act was, to the feelings of the
great mass of the community. He did not authorise
any one to refuse to pay the tax. He thought it was
for the interest of the town that every one should

pay. (Cries of "No" outside.) He himself had set
the example of paying the tax, and he hoped for the
sake of the peace of the city that the tax would be
paid. (Renewed cries of " No.")
Bailie JOHNSTON, in reply, complain of the Dean
of Guild using such language as " misappropriating
the Trinity College money," contending that no
man had ever sought to appropriate it to any other
than Trinity College purposes, whether in connec-
tion with the churchor the hospital. He could have
wished that Mr. Ford had really taken his leaf out
of history. Hampden was a great man and fought
a great and glorious battle; but it was a battle of
law against tyranny. It was a battle against the
tyranny of the King, who was trampling on law,
and who in doing so was defeated by his noble sub-
jects.

Mr. FORD (with animation and dramatic gesture)
—And we will win it too, if we stick to it. (Loud
cheers outside.)
The Council then divided. The motion of Mr.
Ford to refuse to sign was lost by 20 to 10, 9 mem-
bers declining to vote, and the motion to sign slnz-
pliciter was carried, against the motion to sign under
protest, by 15 to 12 ; those opposed to signing de-
clining to vote. The bonds were accordingly signed
by the Lord Provost, treasurer, and town-clerk be-
fore these officials left the chamber.