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mean time, some provincial synods had shown an inclination to pay no regard to the commission. The great body of the church, however, whatever might be their opinion of the conduct of government, did not wish that they

position of this sort, and no allow it to be for a moment supposed that we mean to disturb those acts of the Scottish parliament, which transferred the tithes from the church to the lay proprietors of Scotland; but you will endeavour to ascertain what is the property which may yet, by existing laws, be made available for the purposes of the church.

"In the heated state of men's minds upon this subject, your lordship will, I am sure, be particularly cautious in your manner of conducting local inquiries;

I should advise, that keeping the terms

of the commission in view, you direct

your first attention to cases where it is alleged that there is any want of the opportunities of public religious worship, and the means of religious instruction and pastoral superintendence. In such cases I should recommend that two commissioners, or one commissioner

and one assistant commissioner, should be sent to make full inquiry into the circumstances of the district, and that you select the persons in such a manner, that in every case one of them should be a person of unquestionable attachment to the church. They may report either together or separately to the general body, and any three or more of you may transmit these reports to the Home Office, from time to time, to be laid before his majesty.

"I need not say, as I have already explained, that it is not desired or expected that the relative numbers of churchmen and seceders in all Scotland

should be ascertained; but where it is alleged that new churches and new ministers are required, it will be necessary to obtain an account of those who attend dissenting chapels, in order that the void not filled up by any religious sect or worship may be measured and defined.

I trust that in the course of six months from this time, the greater part of your task will be completed. "I have, &c.

(Signed)

"J. RUSSELL."

should give their adversaries any advantage, by appearing to shun inquiry; and another meeting of the commission of the assembly was held on the 30th September.

It was attended by no fewer than 155 members, viz., eighty-five clergymen and seventy lay elders, who unanimously passed the following resolution: "The commission having maturely deliberated on the instructions to the royal commissioners for inquiring into the means of religious instruction and pastoral superintendence afforded to the people of Scotland, express their deep regret that his majesty's ministers have not been pleased, in consequence of the judgment of the last meeting of the commission of the general assembly, to make any change in the composition of the said royal commission. And whereas that commission, from its authorising the commissioners to inquire generally into the opportunities of religious worship, the means of religious instruction, and the pastoral superintendence afforded to the people of Scotland, may be, and has been, interpreted as at variance with the principles and polity of the established church, and as calculated to weaken or to overthrow it, particularly in so far as it seems to involve in it a principle subversive of this and all other ecclesiastical establishments, viz. that whenever religious instruction and pastoral superintendence are found to a certain extent afforded by any sect or denomination whatsoever, there established the services of an

church are not required, and may be dispensed with; the commission of the general assembly publicly and solemnly protest against whatever has such a tendency, and declare that they consider it to be

the sacred duty of the legislature by his majesty, furnishing accu

to support and to protect the national church, and to secure accommodation and religious instruction to the people of Scotland, so that they may attend regularly upon divine ordinances, and may profit by the pastoral exertions and superintendence of its ministers. With a view to these most important objects, and under the protestation herein contained, they approve of such members of the church as may be required to do so by the commissioners nominated

rate information as to all statistical matters; and also approve of all church courts, allowing inspection of, or giving extracts from, their records, of all entries relating to the same matters; it being clearly understood, that the commission of the assembly hold, that it is not competent to the commissioners to put to individual members any questions relating to the doctrine, worship, government, or discipline of the church."

CHAP. XII.

Discussions regarding Orange societies in Ireland-Motion for addresses presented by them-Select committee to inquire into their extent and tendency-Mr. Hume's resolutions regarding Orange Lodges in the army-Case of colonel Fairman-Proceedings in regard to contested elections-Leicester-Cork-Dublin-Ipswich. Special report-Proceedings against witnesses for evading service of summons-Great Yarmouth-Select committee to inquire into allegations of bribery-Proceedings against witnesses for refusing to answer- -Motion for the introduction of vote by ballot-Bill for limiting the time of polling at contested elections- Report of a select committee for admitting ladies to the debates rejected by the House.

T

THE influence, which the Irish opposition had acquired by its union with the ousted cabinet, manifested itself early in the session by the commencement of a series of parliamentary attacks directed against the Orange Lodges. Ministers were asked in the House of Commons, on the 4th of March, if it was true that addresses had been presented to the king from Orange societies, and that answers had been returned bearing that they had been graciously received. The secretary for the home department stated, that when addresses or petitions were forwarded to be presented to the king, no offence was ever taken at the particular appellation which the parties might assume, provided the language which they used was becoming. He had presented addresses from persons who described themselves to be members of Orange societies, and from persons who described themselves to be members of Trades Unions; and the answers were given to them not as members of these societies but as indi

viduals. A discussion ensued, in which it was first assumed that Orange societies were illegal, and then government was accused of encouraging these illegal societies by appointing to offices persons who were known to be members of them, and by receiving addresses from them to be presented to his majesty. Mr. O'Connell admitted that there was no law which declared Orange societies to be illegal; but he maintained that as they were societies from which Catholics were excluded, government was bound to adopt all possible means of discouraging and dissolving them. On the 6th of March, Mr. Sheil moved for the production of addresses presented to the king from certain Orange societies, and the answers which had been returned to them. The papers were immediately granted; but this did not prevent a discussion distinguished principally by the unbounded and rabid abuse which the Irish opposition poured out upon the Orangemen, and the rational sensible advice which sir R. Peel gave to the House. The

question, he told them, was not as to the precise legality of those associations. It was possible that associations might strictly conform to the law, and yet that all their evils might remain. The evils were not cured by making them conformable to law. The real danger was not in a breach of the law, but in the encourage ment of augry feelings. It might be the fact that exclusive associations were not in precise conformity to the law; but still causing them to conform thereto might not alter them from that which constituted the real objection to their existence. He knew of no law that could be passed to prevent Orange associations, or to prevent them from excluding Roman Catholics. The House might pass a law to prevent the members of the association from administering an oath; but if it did, and they substituted a declaration in lieu of the oath, then the principle of the exclusive confederacy would remain and the evil continue. In his opinion the most unwise course had been taken with respect to those societies; the members of them had been taunted and treated in a way calculated to afford them an excuse for the continuance of their associations, and for coming to a determination not to yield to threats and menaces. He had thought the best mode of proceeding in reference to them was to use that language towards them, which would not only induce them to conform to the law, but which might induce them to see the danger of encouraging angry feelings and of keeping up the commemoration of a memory that was no longer necessary for any good purpose, and only widened the dif

ever

ferences of opinion which at present existed between portions of the community. He trusted that an example would be set to discourage such associations, as dangerous in their tendency; and, above all, to dissuade from an unnecessary irritation by the commemoration of events on the part of some, which others looked upon with different eyes. Their addresses had been received and answered as all others were, according to a useful and necessary general rule, which could not be departed from, unless the illegality of these societies were to be assumed. The bill of rights secured to the subject the right of petitions; and was it now to be inculcated, that, before his majesty received the petition of a certain number of his subjects, he was to enter into minute inquiries as to what associations they belonged to?

Political Unions had been denounced; but the opposition would search in vain for an instance in which the king had refused a petition from persons describing themselves to be members of such a body, or had told them in answer that they had forfeited the common rights of his subjects, Why should a different rule be applied to the case of the Orange associations? It was an attempt to narrow the right and privilege of the subject to address the Crown, or to cause the Crown to inquire into the particular opinious or associations to which those belonged who did address it, and in that way to prevent those opinions being conveyed to the sovereign or to parliament in the manner most palateable to the persons who wished to express them. If those bodies were illegal, why were they not put down? If they were

illegal, let them be prosecuted; but if they were not, his earnest advice was to set an example of forbearance; and let the advice to be conveyed to them be in friendly terms: for then he was confident that it would make a much more salutary impression, than the most violent and menacing language that could be re

sorted to.

66

The subject was again brought before the House, on the 23rd of March, by Mr. Finn, member for the county of Kilkenny, who moved that a select committee be appointed to inquire into the nature, character, extent, and tendency of Orange lodges, associations, or societics in Ireland, and to report their opinion thereon to the House." The motion was seconded by Mr. Maxwell, member for the county of Cavan, who avowed himself an Orangeman, and courted the fullest inquiry, with a hope that the committee would be constituted in the most

impartial manner. Government having made no opposition, the committee was appointed, and was still proceeding with its inquiries, when Mr. Hume, on the 4th of August, brought part of them before the House. He had seen in the newspapers what purported to be portions of the evidence taken before that committee, from which it appeared that Orange lodges had been introduced into the army, and existed in thirty or forty regiments of the line. These Institutions in the army were in direct violation of general orders issued by the commander-in-chief, in 1822 and 1829, which strongly reprobated the practice of holding Orange lodges in regiments as "fraught with injury to the discipline of the army," and declared

"that, on military grounds, it was contrary to order and to the rules of the service." It was added in the general order of 1829, " that a disregard to this caution will subject offending parties to trial and punishment for disobedience of orders." These lodges, moreover, had been formed under warrants granted for that purpose by the duke of Cumberland, who was the grand master of the Orange body, and a field-marshal. The warrants, indeed, were issued in blank, and there was no evidence to prove that his royal highness knew how they were filled up; but Mr. Hume found it difficult to imagine that the duke should have been ignorant of the existence of Orange lodges in the army. He moved the following resolutions.

"1. That it appears from the evidence laid before this House that there exists at present in Ireland more than 1,500 Orange lodges, some parishes containing as many as three or four private lodges, consisting of members varying in number from 16 to 260, acting in communication and correspondence with each other, and having secret signs and pass-words as bonds of union, and all depending on the grand lodge of Ireland.

"2. The second resolution described the manner in which those bodies were bound together, and declared "that the Orange institution of Ireland is unlimited in numbers, and exclusively a protestant association; that every member must first belong to a private lodge, to which he is admitted under a religious sauction, and with a religious ceremony, carrying a bible in his hands, submitting to certain forms and declarations, and taught secret signs and pass-words.

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