The Sun.
London, England, 1819-05-04 00:00:00

ri"-+;;;; tly,.•triseves 1)4; the rectifisite
Hari
t''ce berane fot' office."-r-
Jill this appea-
very fair ill the eyes of some
Gentlemen ; but let its tIOVe the
There were iit heels' 150 Statutes, all bearing on
the settle sithject:e.-ahe disabilities of Slit Roman
Cathelics ; some desiring otte (biog., some an-
othr,r, but all tendiue ro dis9nalifY. them
from
holding offices e,,,ter teo% eminent. I! Wai a dii-
glace to ourSra-tote 130,`k5 this's many of them still
tx'"ted, and tit;; the most ot 'item were as absurd
as that of traesubsteetiati.On. 'flue laws were so 1111-
Inerohs, tits' th -y became twee. awl more perplex-
-51,1 till were multiplied. Bat to pass over the
ausserdiiieS and contraiticeions of former times,
lie should
only coesider the laws as ihey now
.11t°"(1. In that sorvvy of ti,e statutes, he would
Pk's ()Vet' all the fresh which had preceded the
tcession ofeWiliiem iire4 Mary, or the House of
.elatiover, when the Laws became more Ea..
anus were rcHticed to a more liberal sys-
iete.
ilhat prescribes that every
'Person who shall accept bf an office. under
Goeeinment shall take 'certain °Allis thought re-.
"''sarv, and that thice months were tifforded to
94alify themselves acconitog to law, also extend-
ed th,e iedti!feenee of time to Siz mrPirltS•
WaS the incipient operation of the Acts.
eh,ail afterwards been edlieied to. But as our
ConStitetion and hew.' Govertiment became more
settled and confi!atietl, -those who wets iii; power
became more lib,ral in-•their principles. At ilie
ceviiiiiencepietit of the reign of Geo. I. one sif the
efirb nets of his government was to introduce: the
Jodente:tV Bill, which gave .a greater indulgence
to those who accepted orshlic offices. la• first
• gra't'ed beyond the six months inentiotted, till
the
I" of March foilo.ving, and afterwards ex-
,,end,"i time to the 25th of March; btu six
leeeexs before the eeniretion :of that period, the
alwaystdl teas
"e Nl,l' Hy Bill, it wai an animal Act,: it.
Vv" ,11,‘ r, c4refollv renewed every year. It was
11'w 100 he=irs since those acts of pains and pe-
-1):116es might he snit! to have been repealed ; for
411h"ogl, many of them still continued to remelt*
the Statute Books, yet they might be said to
have been virtually, legeliy, and actually repeal-
' edi as they had not been acted 'Toth It is some
thing reinerkahle that 1!r. Fox, who took a 111-
Inn-mils view of the subject, has! noticed the ala-
3oraite of these Aria of Perliament, and stig-
!lbw
it 14" tittit with his pow ei Itt I condetimation.--;
-4e well remembered the very Intuitions inns-
:ration which that great Statesman look of
t:'"se Statutes, a,iil how forcibly he manifested
tinpolicy, as excluding a great portion of our
iedo v-subjects trans their patina! tights. It was
iii°rieetls that offices of the highest authority in
. d_e State were, kept from the occupancy of Roman
"(holies; Roil that, althotte,h they might enjoy
;`;ll)ortlinate situations in the Army or Navy, yet
neser could aspire to the office of either
)ttliiiet toter iii-Chiet or Lo;a1 High Admiral. The
Act • -
revues, that ''whet eas doubts have arisen, he
;ilinrt her enacted," and then proceeds to exclude
Professing the Roman Catholic religion. The
ill'strati/3ns then given by Al r. Fox were splendid
tint! leatioolis, isecompaoied with such a force of
te4"vtice as to entry conviction to the minds of
leertY ()tie wino was not prejudiced against the
tter)'l4.l Catholics. The offire of Lord High Ad-
ae vvas, at the times alluded to, one of the
Y • 41 n'St importance in the State, and had for-
etleY heen held by Jetties 11. himself, whets Duke
rin.."it • The very first act of William, ou his'
oiniv°l in this coutory, was to ldy lsold the
tested "I Lord High Admiral; which et once in-
.the 'n in his person the vet y greatest authority in
ilioeS'ate. Mr. Rix hail happily imHeitted, that the
pi , c"tilil never arrive, whet) two Commissioners
-le"e Admiralty were sitting at the same Board,
at:eu,33ille the propriety of the Law on Transuh-
dtio
duty "u
t n instead of discharging their official
• _
telt' g. the public. But it would be thought
tttl ranrdj
y that the person who filled the office
teketclra High Admiral had never to this day
the oaths referred to. This might by some
pettcntlisidered an act of premunire, hut so it hap.-
, ' titmet tind the omission was suffered to pass
enoell'eed• 13ut these disqttaliticatious were 110 t
Se„tined to Ireland merely, hut England and
• titles' "(I, were made to participate in the restric-
,. 'f England were not satisfied, let her tell
-Tte We
said that she has to expect. It might be
tn„a_ . England has been coy its her conduct
Thela
Irelnnd, bit she has also been very kind.
• inlet, a", fiS they now stood, have lasted wit Insult
pf ,ir"Ptititt for 85 years.; and therefore the lapse
abse:l',e bas rendered the exercise of those laws
gam tt,rtntl nugatory in the extreme. With re-
lient:Y the Oath of Supremacy, it originated with
Vlllmerely of 1 •
Illasete • as a dogma his own, to
et
eotibele.ellis indignation against the }tope; and
thsnog its origin, it was ridiculous and ab-
It heti ht it should continue to the present day.
btugago gone into disuse, although re-
'With teY tionie busy spirits, who chose to sport
e it feelings of their fellow-subjects. Dread
*No littertained that they should have the Hoose
resteietith Roman Catholics were the present
coldest fns reatoved ; hot Gentlemen might re-
arm . that 'during the times of James 1.
erteitithi ries I. the Protestants never thought of
Persia
m)eg the (Roman Catholics from Seats in
lierved trt/et and although the Popish Plot
• !rived ve reduce their power, yet they con-
. klous.:°r•e_some time after to enjoy seals in that
Restrictions irgainst them, however,
derv': to increase, and as the Protestants of that
jogYiy.ereieLOr
Ithey took measures accord-
Act of Trees Oth of Charles 11, produced the
as whie, ent_ittbistaistiation, which he might term
tridiZtcoines egislature of the clay, and which it
the.es of _ anti useless to continue. The Oth-
ei.e :tu. finny and Navy were liable to the ad-
, of
th'er
.ton of this oath. At the commencement
ei reign of will.
i,tli against the tans and Mary, all the restric-
uevv ; Roman Catholics were re-enacted
1011.14. e.„ G atoll'__every person who accepted offices
vYlng oethel"ee.nt were obliged to take the qua-
Fut ,euuntry
en'
tsut when it was recollected that
cillish earthen not only threatened with a
VrancerelLen, who was powerfully supported
ens the out that even a landing had been made
Pro, shores
itict`etttatit Interest
. of Ireland by the enemies of the
it could not be surprising that
ejt!'edit;pttfof
_s were resorted to, as a necessary
protectiou of our new Govern.

J`

matt. Bil.t even in 'the times of .William and Mary,
w !fen the 111=iv eioVe'rn !richt became carsolidated'and
established on a pertbanent basiS, Something like
kin Act of I mirtmi it'y was introduced to soften the
igours of the pain's and penalties. The oath of elle-
teceat that tittle was founded on the simplest of
all terms. It merely ►equired those Who accepted
offices under the Crown to swear " allegiance to
William and Mary," and " ill no other words."
That Act still remained on the siit'tute books ;
and alluding to the Act ludicrously, the Hon.
Member himself was not sore that he had not
been guilty of an act of firemlinite, as he had not
sworn " allegiance to XVilliatwand Mary," as re-
quired by the law. He was, however, protected
by the. Bill of Indemnity. which was called a Pe-
rennial Act, introduced for the relief of all those
who neglected to take the qualifying" oaths.
In the year 1793 the restrictive laws-wete emend-
ed or modified ; but among the exceptions were
the Lord Lieutenant of Irelaud, the Chief Secre—
tary, and the CoMmander-in-thief—hecause it
was not believed that any of these offices would
he give!' to a Roman Catholic, „ Bart all were
holmd hy-the sAmet test. It ;vas the law of Ire-
land as well as that' of Eng Lind, thik no Rif-
man Carbolic .should hold offices under. the
Crown without qualifying hitir4ell in the usual
manner. .But they ;were .Rllott.td.:tbree months
to qualify theroselves-Tamt eeen.,,xfrree,soodrds
more—and then if they neglected to qualify
themselves, they were protected by theludemni-
ty -Bill. so :that Roman Carholies might thou;
loold_offices- under Government.,.,” they add all
Dissenters were protected by the Indemnity Bill.
But the boles of persecution baiting long sitice
ceased, the, leers enacting the restrictions were
now seldom, if ever, administered. , He saw no
necessity of administering the oaths now meo-
tinned either to the Cotronander-iii.-Chief or to a
Privy Councillor. But he would go a step farther
—he saw nothing to prevent a Roman Catholic
from being aPi ivy, Councillor. The. Honourable
Member was not now fighting for victory„ but
fighting for common sense; and he begged that
Gentlemen would coolly delibersite on the subject.
He gave his honest, and candid opinion on the
occasion and be again stated, that he saw no
law by which the Routes) Catholics were preclud-
ed trom being Privy Councillots. While the Act
of Parliament says you must take the oaths, an-
other law protected them against the omission of
the oaths through the medium of the Indemnity
Bill. Members of • Parliament were obliged to
lake the usual oaths at the table, while the
Speaker was in the Chair; while those for a
Privy Cithricilliar were taken in the old common
way.—The 'Honottrable Member thought that
he. had proved that the Acts of William and
Mary tvere abolished, as inapplicable to' the pre-
sent limes. Besides the Privy Councillor, the
Judges and other persons who filled offices of high
authority took the
.oaths in the old established
way. If a Roman
,Catholic were to become
a Judge to-morrow—and he saw no reason
why he • might not—the Clerk would ten-
der him the oath of allegiance, which he
could not swear, "to William and Mary."
because such an exercise of it would be
too ridiculous and absurd. • Welk--he.would then
,tender him the oath of supremacy,---which,
in his opinion, was. another absurdity. He
Would afterwards tender him the oath of abjura-
tion. Abjure whom ? There was now no Pre-
tender ; and as all that family were now extinct,
there was no need for administering diet-Yeti) of
abjuration. The person who had accepted office
might say, I will not take any of your oaths, be-
cause lam protected-by the Indemnity Act. All
those Acts were at one time expedient, in order
to protect the newly-established Government...—
But as they were now in a state of desuetude, he
recommended the Right Hon. Gentleman (the
Attorney-General) to introduce a Bill for their
immediate repeal, as disgraceful to their legal
code. Au Act had been-passed against any Ec-
clesiastical anthority by the Pope ; but although
this was a trap for Papists, it became equally a
trap for Protestants, by a particular clause, which
he did not explaiO. It
.was called Sir John Mit-
ford's Act, and enacted, that " no foreign Po-
tentate should have any power or jurisdiction
within these realms." But the Molllent we ad-
mit a Catholic clergyman to the tree exercise of
his religious functions, the Protestants take the
alarm ; the moment we sanction the College of
Maynooth, or any other Catholic seminary, that
very moment a jealousy is excited, and we ex-
claim " Down with the Papists." But notwith-
standing these false grounds of alarm, no person
could prove that the Pope had any authority
within these realms. But the domestic no-
Initiation of the Clergy by the Pope was cona.,
sidered a greater violation than the refusal of
the oath of supremacy. It was absurd that
the oath of transubstantiation was adminis-
tered to Naval Officers, while those who
Were about the King's person were exempted from
such an obligation. The difference was as great
as between a clear day and a dark night, and ex-
posed the unfair principle by which we dealt with
the Roman Catholics. In the jealousy which was
excited by the marriage of. Charles 11. with a
Princess of France, there was cause for an alarm
and then followed a pretended plot, which, as
Dryden ludicrously says, " puzzled all the learned
and the wise." There was then, indeed, cause for
alarm, when the people 84W the King, going
openly to Mass. The llooourahle Member con-
fessed that he was not sufficiently read in the art
of casuistry to explain the meaning of some words
in the Declaration Act. The policy of. William
and Mary was well directed for the protection of
the infentine government ; and therefore the law
was rendered peremptory, Had it been. so enact-
ed, and had not William, in his wisdom, taken
upon him Self the office of Lard High Admiral, the
Admiral who commanded off La Hogue might
have lost the battle, it a Roman Catholic, as be
might have feelings in favour of those who were
partial to his religious principles, and thus mien-
gered the new State. The profound wisdom of 'Wit-
liam foresaw dine difficulties, and provided against
the emergency. ‘Vhat happened in the days of
George I.? The first thing which he did
,waS to
provide against any
‘,accidental emergency. If
such a policy bad not been adopted, all those
concerned in the,Treasury would have atoodatill,
and all those connected with the Army and Navy

would have als6 stood still, Ile also gave them
the indulgence of time for qualifying themselves.
A rebellion followed ; but it was not of that
dangerous result 'Which had been at first expected
by many persons-. It was evit:elit that the. Pre-
tender was only a I)oorear—a' Momentary tool of
France. The restrictions were not increased, but
the rigours of the pains and penaitiei were more
anti more softened. The whole system Was placed
on more rational principles. George 11. succeeded,
and evinced greatsolicittole for the • happiness of
his subjects. The Statesmen of those days, ac-
tuated bra wise principle, took every opportunity
of bestowing (greater confidence to the people,
anti thus conciliated their affections . Indemnity
Acts were also introduced, io order that there
might be greater- appioximatioos to the spirit of
general confidence and general liberty. Tina was
what .Dr. Johnson happily described as having
" stilled the flatter of.a number of hosoms."—s.
Auother rebelliou ensued; but this did not tend.
to the abridgement of our privileges ; it only
proved that there was a radical affection to the
florise'of Hanover,: and that the King and his
People were actuated by the same motives .fur
the honour 'and glory of the country. This Loin-
ciple! of mutual affection 'produced the happiest
resin:S—the prosperity• of the State, and the
bappitteSs of the people. In the 'year 1743, au
founded nib of Charles 11.
!bin- on the rationale of the Act,. it isavident 'that
it gave the Roman Catholic greater privileges
than had ever yet been claimed. This modihcia-
-Hon. of -the law, invigorated by the Bill of In-
' demnify, afforded the greatest freedom to the Ito-
man Catholics. The Act may be termed a retro-
vation'of that of and Mary, but so ex-
pressed as to afford our fellow subjects of the Ca-
tholic persuasion greater privileges than ever had
at that time been thought of. It was an amalga-
mation of two Acts of- Parliament. It was the
living and the dead tied together, as it were, fur
the benefit of rhe!community, with this extraor-
dinary'pecoliarity, that it obliged the dead body
to speak. After taking the oaths before the Lord
High Steward--after duplicate oaths at the table
of the House—they were forced to take whoa
might be considered a triplicate oath. But, in the
opinion of the Hon.' Member, there was nothing
to prevent a Roman Catholic •from sitting in that
House at the present- moment ; for he had every
guaraiitee' Which he could wish for by the ludein-
y Act. He bad thus far expounded what he
considered the• laws which bore more immediately
on the question before the House ; but were he
to take a survey of the other laws on the subject,
he might speak till nine o'clock in the morning.
Not only was the Duke of York liable to an act
of prenitipare, but he himself (Mr. Croher)
was also liable ; for they had not qualified them-
selves agreeably to the letter of the Act.—
There were other persons high in office who had
also been guilty of the same omissions. Such
acts of neglect were' not confined to the Roman
Catholics alone, but extended to others of his Ma.
jesty's. subjects.. They were, however, all pro-
tected.by the Indemnity Act. The Roman Catho-
lics ought not to accept of ihtlalgence as a
sufferance un the part of the Protestaais. They
ought to demand their privileges as their natural
rights, to Which they were as fully entitled as any
other class of our fellow-subjects.. By admitting
the Rumati Catholics into a share of political
power, you would at once concilia•e the affec-
tions of the people of Ireland. After they had
freely bled for the honour and glory of the Bri-
tish Government, it. would be ungenerous in the
extreme to refuse them that reward to which they
were so justly entitled—the blessings of the Bri-
tish Constitution, by a participation of civil
rights. By every manly effort in the cause of the
British Empire, they knew how to appreciate
the worth of our Government. Instead, there-
fore, of dreading the consequences, we ought not
to hesitate' in granting that compensation to
which their noble acts entitled them. By making
thefts partners in the firm of our enviable
Colistitutiou, it would increase our mutual af-
fections us fellow-subjects, and strengthen the
foundations of that fabric which was the theme of
panegyric of every foreigner. Some Gentlemen
talked much of " good old times," in allusion, be
supposed, to the superiority of the Protestant
interest. But he wished that Gentlemen would
be candid, and tell what they meant by the "good
old times." Our Constitution was made no of
shreds and patches. It, was not the work of a
moment, but built up and propped by piece-meal,
by patience and by perseverance. Here be would
make his atand, and call upon -the !loose to act
iostly to their fellow-subjects of the Roman Ca-
tholic persuasion. The Hon. Member hoped that
there was no necessity for his professions of at-
tachment to the Constitution, and to the autho-
rities of this country as they were now founded,.
But with all his veneration for that Constitution
and those authoritita, 4. 4. could not forget that our
fellow subjects of the Roman Catholic persuasion
had been suffering a deprivation of their rights,
when they aright fir:enjoy them as fully and as
freely as any other class of the community. The
adoption of such a policy . would invigorate the
operations of Government, by conciliating at once
the affections of every class of the community,—
Such a measure in favour of the Roman Catholics
would destroy that animosity which rankled
the hearts of some of his Majesty's subjects.—
He confessed that be saw no danger from a par-
ticipation Of power. It was in tact the birth-_
right of every subject of these realms : and the
policy was erroneous and illiberal which deprived
the Roman Catholics of the same immunities
which their other fellow subjects enjoyed. With
regard to former times, to which _references had
so often been made, the analogy did not bold
good, for the times referred to were those of
barbarism and implacable antipathies.! 'hie pre-
sent times were happily :_of a contrary descrip-
tion, wheu•sentiments'of liberality and Christian
charity actuated the niinds of men of different re..
ligiuns persuasions. There could therefore be
no 'danger in receiving our lellow-aubject's
the Roman Catholic persuasion into a partici-.
;ration of the blessings of the Consti.;
union. Its the late! war, the Roman Catho.
lie sailor and soldier 'heti rivalled 'the Protestant
in every martial achievement ; he *as therefore
eutitled twevery.constittitional right. Cointl ;he
participation of the Roman citnolie tend tc,

abridgment of the rights of the Protestant ?
Such notions were :absurd, and emit(' be enter.
tabled only by those who trembled 'at their owq
shadows. He We's not onlyadvoctring the c. use
of the Roman CethoLcs, but he• was advocating
the Cause of the Protestants elso.....athoetiting the
cause of the Church of +'. gland, by beating
down those hillocks, those concealed tortresses,
whence the Much of England might be en-
dangered •by a sudden and violent attack.
He conceived such respect, such veneration,
for• the Church of• England, that be should
lament, indeed,.Were she to surrender the ittiallest
portion of her dignity or splender. Biit Wi;ile he
venerated our Establishments both in Chi:reit and.
Starer he wished that we would look around us,
ansl conteMplete where we thought otaselvti most
vulnerable. Such a surrey would 'enable us to
guard againet•any sudden eneroathinent; against
any alarm or commotion. In his opinion, no
Act would so effectually .contlibute to our
strength and happiness as-the fteediam of the
Rornau Catholics' by the participation of poli-
tical power.. These were his honest sentimenis,
and lie openly avowed them; although the dif-
ference of opinion might hazard, a coot leo.
*lnce of friendship between him :and the Right
Honourable ;.,,Gentleman (Mr; Peel); for whore'
he had a very !lig]) regard, pis tiC.FOlint of Iris great
virfues,ond his' eminent talents. He had Sat si-
lent-on the:subject for the last ten years, end he
now, came eforaverd tri do justice to his fellow-
subitos, the Roman Catholics of Ireland. Li
these privileges -wraith! also be comprehended the
Roman Catholics of England and Scotland, equally
entitled to their natural rights. lie had always
professed the warmest attechmeet end respect for
the Church of England ; and lie wits certain that
the latter ought not to beAetatined for any ad-
dititional concessions .to the. Roman :Catho-
lics. • Ike Church of England was a noble-and le
Magnificent edifice, foanded by the wisdom and
virtues of our ancestors, and could not he the
dangered by the measure in contemplation
The Hon. Member hoped that the House would
excuse hint while he read an extract from the very
highest authority in favour of the Roman Cetho-
lies. It was from Judge Blackstone, who could
not be accused as inimical to the Church of Eng-
land or a Protestant Government. The extract
tended to explain the operations of the Act of
Supremacy, which bad been passed against the
Romeo Catholics whets the Government thenette
such an Act was requisite. Montesottieu, whelk
remarking on that law, said, that " it did ell the
injury which could be inflicted in cold blood !"
But Judge Blackstone, in reply, observed, that it
had seldom been acted upon, and therefore was not
of the descriptiou drama by that profound foreign.
philosopher. The Judge afterwards, when reason-
iug on the consequences of the Act, said, that •imee
might perhaps demand such an act of severity ; but
if ever the period should arrive when all tears of
a Pretender ware removed, the restrictions on the
Roman Catholics might, in some degree, be re-
moved also. The power or supremacy of the
Pope he considered as too contemptible to excite
apprehensions or fears. Should that time ever
arrive, Judge Blackstone, who appeared as if
writing for the present days, said, that it might
probably then not be amiss to soften the 'rigours
of the penal laws, by removing the restrictions (sit
the Roman Catholics. The time was now cotne,
and we ought to embrace the opportunity of ren-
dering justice to our fellow-subjects. Let Ili
make the experiment—give them the tree enjoy-
ment of their rights; and should it afterwards be
found that they acted indiscreetly, and proved
themselves unworthy of the beolefits of political
Dower, we could soon reduce them atoll) to obe-
dience, by a deprivation of those grants which we
I had so generously bestowed. lot not the Gentle,-
men of the Roman Catholic persuasien haeve,
that the Protestants could not very soon reduce
them to obedience to our laws and iestittitious
by the
.revival of all the restrictions against
them, provided they deserved such a chest iseineet.
Should the Roman Catholics be so tar embold-
ened by the indulgence granted as to forget
their duiies to the State, we should have to recur
to the courage and capacity of our ancestors for a.
protection from the dangers with which we might
be menaced. We have to remember that we had
done all that we could to conciliate their affec-
tions, and that they had proved themselves un-
worthy of the indulgence. But till they haul com-
mitted some aggressioe against the laws end in-
stitutions of the State, they ought not to be
viewed with jealousy or alarm. They did not ask
for a grant; they only called upon us to ratify
what we had already granted in part. The extra-
vagant class of the Roman Catholics would al-
ways have some bugbear or another in view, whee
ther of another Archbishop of Jerusaletn, or his
Holiness the Pope ! If the Roman Catholics
were not loyal, and therefore deserved every in-
dulgence, what had made them disloyal ? The
Lion, Member was not only friendly to the Ro-
man Catholics, but friendly also to the Protes-
tants, by endeavouring to sink into oblivion all
fanner prejudices, and, by coneiliating the atlec.
(ions of his Majesty's subjectg, improve anti
strengthen the operations of the State Mr.
Crolter concluded an ingenious and an tiblespeeck`
amidst. Lod acclamations from all parts at the
!louse.

Mr. L. FOSTRR began by observing, that,what.z.
ever other etfeet the speech of i,in Hon. Friend
was capable of producing, it fpliSLhave excited its
no small degree the astonishment of the House.
His lion. Friend had discoverel, that the emanci-
pation for which the Roman cstholics wereseek-
ing for six-and-twenty years, had been open to
their enjoyment for one hundred years, 'during
which period Indemnity Bills were 'annually
passed ; that they alight have been Chancellors;
Generals, Admirals, and Dignitaries of tale, :cud
that they might even lifiVC sat in Parliament. Bot'
notwithstanding this positive assertion, he woul,l
take leave, as a lawyer, to differ from
conclusion. '1 beflou.Member then argued froth tilts
preamble of the indemnity Act, that the nuestiuit
of Catholic Emancipation 'could never have beets
involved in it, and remarked, that [J0..., ever this
ACt might give indemnity tor past neglect, in not
taking the oaths prescribed, it gave no prospec-
tive ProCectt"lt: to any,,person.sa neglecting for
l and threVy him into the Power,
to;ea.r'yacroo":ncitgatioineitsforaieti riniasp his HOUVUT.-