Star.
London, England, 1812-07-02 00:00:00

- eptinciples of natural justice. It was, he enlist insist
• cosy, he dud not mean to recur to the venerable upon it, an injury to any class of subjects, to impose
res of ancient records; it Has not his intention to upon them any incapacity which would dept.* them •
threuele the se himinous piles eif historical autho- of the benefits of the Constitution Upon the face of
‘ in tracing tfie theory under all its various such a law would bd'a gross injustice, unless it could
ges and modifications to its remote origin; all beolefe a led upon the ground of absolute necessity;
isished to ask of their Lordships was, to consider and.theii diet necessity ought to be clearly proved be-
s ily in the state in which it at present existed. In fore their Lordships should consent to cqntinue the
aslaitd, the Roman Catholics were-subjected to dis. system. But he would go farther, and contend, that
;liiications ; and, suffeiing under disabilities, which it was not only contrary to the principles of national
not affect the same class of subjects in any other justice,i but contrary to the pt inciples of the Christian
• of the United Kingdom. The English Catholics, !religion, to impose any civil disabilities on account of
•hgh they' possessed the qualified right of voting religious opinions; and these disqualifications were,
'Members, were disqualified for sitting as Members he considered, unposed for religious opinions. It was
I arliament. They were bereft of the capacity to not alone contrary to the Chi istian religion higwever,
id any offices in the State. He was convinced that but erneliarically prima facie contrary to the principles
'it Leedships would not say that the conduct of of the present form of worship—the reformed religion
Catholics of England had been such as to require as by law established, at least to the principles upon
oritinuance cf such disabilities eon the contrary, whi,li it was at first introduced. Whatever might
was persuaded their Lordships would be ready to ! have since passed to favour a different conclusion,
mit that their conduct had been at all times tlis- the reformed religion, on its first establishment, was
guished four loyalty, regularity, love of order and adverse to every species of intolerance. Unless it
e ar.d every other characteristic that could be- could be shewn that the protession of particular reli-
g to the most exemplary subjects of a State, and' gious opinions would be dangerous to the security of
titled tie m to the wise and considerate protec- ;the State, he would contend that it was facie to
nof a good Government. The first operation of ' impose any pressure upon any particular class for en-
system, therefore, he wished to press upon their tertaining them. But he would also contend, that it
rdships' attention was, that as the law now stood I was unjust upon its awn rinciples. To form an opi-;
Roman Cathelics of England were not ad- ' nion upon this part of thpe case they should take a
itted to the same advantages which were en- view of the state of things here and abroad at the time '
!ed by the Catholics of Ireland. In Ireland, i the system oi iginated, and at the present moment. In
thnlics were admissible, by law, to civil rights and 1 the first place, though it was not his intention to go '
cesato a certain extent. What, however, was into the detail of the origin of the system, he must re.
it situation ? The Act which admitted them to mind their Lordships of what wok place at the early •
:ese rights, allowed them capacity for all offices, periods of the Reformation, and of the jealousy that
ovided they took certain oaths ; and yet, strange to then prevailed of the power and authority t f the
y, the same Act disqualified them, the Catholics, Pope. All that had been done at particular periods
seomine, for all offices that could be supposed likely against the Catholics, therefore, had arisen out of
excite the ambition of ardent and honourable ! the peculiar circumstances of the times. They all well
inds. The Act admitted them, certainly, to the I knew the spirit that continued to influence the Go-
•r ; but it stopped short there, and peremptorily verement and the Legislature during the progress of
.
squalified them for the bench. This limit to the the Reformation, in the reigns of Elizabeth and
.tends of a high and honest ambition must necesei James I. They were equally aware of the principles
rily infuse into their minds a spirit of discontent, of religion and persecution, which in the reign of
' would not say disaffection, because he hoped Charles I. convulsed the nation to its extremities and
at nothing could kindle such a spirit in tiny class overturned the monarchy itself. To that period of
subjects—a spirit of; discontent, however, it would the most cruel and outrageous persecution of noncon.
fuse, and that too, arising out of the Act itself {monists, their Lordships would not look for the ors-
hick granted the concession. The concession gin of any system of peifect legislation wise in the
' early proved, that the Roman Catholics had a ca- theory or proper to be continued. When these Tet-
i city for Constitutional privileges, and it was, there- tional convulsions ceased, and the Restoration hap-
ire, not to be supposed that a provision, which re- I pily took place, the persecution changed its object,
gnized their capacity, should not inspire the breast but its spit it was not suspended. Their Lordships•
f every English oo Irish Catholic with an ardent de- need not be told cf the early' steps after the accession
re for the qualification. The next point to which of Charles 11. in consequence of the part which they
e concession applied, was with respect to the army; had taken in the previous convulsions, to depress the
se principle on this head was togive encouragement interests of the Dissenters by legislative measures,'
• the Catholics to a certain extent in the afmy, and which, without being pointed at them, yet involved
en to stop their further progress ; and here, as ; the interests of the Roman Catholics also. But even
th respect to the bar, it was impossible that the im- at that period it was deemed necessary, in the course
aide disqualification should not produce a spirit of of the reign of that Sovereign, to check the ambi-
iscontent. When he considered the loyalty of the tion of 7.e Catholics, to prevent their forming any
atholics of England, he considered it strange that dangerous connexion with France, whose power it
ey should not be admitted to the same privileges as Iwas an object national to put down. One could not
1 e Roman Catholics of Ireland. He must further , recal without horrors in the history even of that period
.ndemn the gross nnpolicy of the system, which . the means th.lt vore resorted to with a view to de-
nceded to those Catholics who put themselves and press the Catholics—and 'amongst others, the vilest
eir cause upon their mere strength, and withhold- fabrication of plots that ever disgraced the history of
g the same just concessions from the Catholics of; any country. It was impossible that any perfect
ngland. The next point he should notice, was one i theory could be traced to such a period. In the
hick had been adverted to by a Noble and Learned ireign of .lames 11. the same p• inciples that existed
on a former occasion—he invent, theolail.c of 'ill his brothw't gene,
.0-3 .114.• aintsu liveunuity• for re-
e Catholics in Scotland. What he should say upon sitting the power of France existed, and the measures
is part of the subject, he should advance with less that were taken were consequently all directed to the
iffidence, because, if he should fall into error, he same end. That neither was a period to which to
buid be subject to correction. He should appeal look for the source of a finished system. At the corn-
hen to that Noble and Learned Lord, whether this rnencement of the reign of Williom 111. it leas well
as not, at present, the state of the law in Scotland, known how favourably lie was disposed to be to all
tat since the Act cf 1793, every Scotch Roman Dissenters, and to all toleration generally. He had
atliolic may fill any office, civil or military ? Let tyro been supposed to be too favourable to the Ro-
wir Lordships then look seriously at this dist'nction: man Catholics, because he favoured some officers of
!whilst the Roman Catholics of Scotland were eli- that persuasion in his army, and because he extended
' able to all offices, civil or military, those of England toleration to them. He was aware of the authority
ore suffering under the pressure of all their former of Lords Somers and Hardwicke—but he was sure
isabiFties, with the exception of the trifling mitiga- that their great names could not he used to sustain
ion effected by the Act of 1791, which admitted error. It those oho were anxious for a correction
them to the elective franchise. In Scotland, how- of the system were in error, they did not err with
ierer, they had neither the elective nor representative Lord Somers, because the times had been altered.—
franchise, though they were eligible to ail offices ; But it would be recollected, that at that period,
and notwithstanding this Liter qualification, they Louis the Foul teenth was in the plenitude of his
considered themselves persecuted for their religion. rower, and was ready to come for wardwith it to sup-
He stated these circumstances of distinction in the' port the claims of the Pretender to theißritish Throne
Civil and political condition of the Roman Catholics —it would also be recollected, that very little 'doubt
in the three countries, only to prove to their Lord- existed but that there were in the very Councus of
ships the strange, absurd, and monstrous anomaly of William himself many individuals discontented with
this system s and to establish, the necessity of a radi- the new order of things, and anxiously expectant of
al reformation of it. He was aware of the objection the means of throwing of the mask, and declaring
{het was always ready as to the danger of change ; their real sentiments, ohich were wholly in favour of
but this he should meet, by asking how we came to the excluded Family. Under circumstances such as
have continued safe from such :danger all the time these, he could not indeed go the Zenith of saying
since 1793 ? In Scotland, up to this mi ment, the, that the restrictions imposed upon the Catholics were
Kormtn Catholics were -admissible to all offices— justifiable, inasmuch as he was alugether inimical to
Even that, he believed, of High Commissioner of the the system, and could not admit of the expeeiency
Kirk, without the existence of fear, or the occurrence of having recourse to it, under any circumstances;
iaf danger. He would ask, therefore, • those who ur-ibut he would not deny, that theie was, at the period
ked this apprehension of danger as an argument Ihe had alluded to, much, to pall:ate their adoption.
against the censideratien of the question, to inform The Pope was then in the full vigour cf his autho-
their Lordships by what means that danger had been city, and, coupled with this circumstance, the situa.
avoided in Scotland : how it had happened that sic don of this country was such, that a man Might;
Perms had existed in that country; for he had never easily conceive the necessity of securing the State,
beard that any idea of alarm had been s:tggested and have recourse to unjust and violent measures for
there, or conceived here ? What danger, be must the purpose, without inc wring the charge of •being
desire to be informed, had either the Presbyterian or actuated by an imbecile and tyrannous spirit. But
the Episcopalian Church incurred in Scotland, by the he oonld warmly enter his protest against the appli-
ooncessir ns to the Catholics? The answer must be, cation of Lord kiardwicke's opinion, in the present
!sane. What danger, then, need be apprehended rote, wheucircumstances wereso.widelydifferentfrom
tfrom the sumo policy here, or. in Ireland ? He was valiht they were when that opinion was given. It
'aware that the Roman Catholics were few in number would be recollected, that at that period a rebellion
•in Scotleoei. But when they were admitted to their had just been extinguished in the country, in which
qualification in 1793, or at any period since, had they even Peers of the realm had been engaged, and who
availed themselves of the concession, to make an at-; had justly yielded up their lives as sacrifices to the
tack Opon the national establishments? His great ob. ' offended laws of the country. But was there any
ject was to impress upon their Lordships, in this part i larger of the kind now impending ? or was there
of his statement, the monstrous anomaly of the sye. I any necessity of having recourse to the principles, on
sem, by calling their attention to the manner in which : an adherence to re hich the great man be had men-
sr affected England and Scotland respectively. Let' tioued had insisted as necessary for our protection
any man consider this seriously, and say, whether " against a Popish Pretender ? Certainly not. Every
there was not sufficient ground for iecinii y into the 'feature of the case winch called torch the observations
reasona of the difference into the operation of the sys. of his Lordship, end that which subsisted, distinctly
'tem, and its pi actical effects in the to o count' ies ;and ; and widely differed, nor did the difference subsist only
'also, whether it was not the duty of their Lordships ', as to time, but the principles upon which the opinions
ito examine into the mode and principles of its insticu. of Lord Hardwicke and Lord Serums were framed;
tion, for the purpose of bringing it, it possible, into a were now by no means applicable. The protection
'more perfect and complete state ? The existence of of * Protestants did at no time consist portly of re-
ns& restraints as were imposed by this system, he I gulations withoespect to Popery, but with these re
as asolo GootAad was, in any cattatryt contrary to the Aulations, were combieed certain enactments again:
ll\ .

._