House divided; when 278 voted for the motion, and 123 against it. The protraction of the debate through four successive nights was the effect of the determined purpose of the minority; for it was clearly the wish of the ministers (and probably their expectation) to have come to a vote at the close of Friday's discussion. The object of the opposition was probably two-fold; partly, to exaggerate in the eyes of the public the importance of the measure, and partly to give the Catholic Association an opportunity of meeting the bill in the earliest stages of its progress. in Dublin, at which a petition against the pending measure was agreed upon; and it was further determined that a deputation should proceed to London for the protection of their interests. All the Catholic peers of Ireland were nominated members of this delegation: the barristers, Mr. O'Connell and Mr. Shiel, were specially charged to exert their eloquence in behalf of the sacred cause; but, besides the persons specially named, any person belonging to the Association was at liberty to annex himself to this deputation; and not a few, from zeal, curiosity, vanity, or restlessness, availed themselves of the licence to appear among the representatives of the six millions of Irish Catholics. On the 17th of February, Mr. Brougham presented a petition signed by a great number of the members of the Association. The petitioners stated, that they under The proceedings in parliament made the more sober part of the Catholics feel that they had gone too far; and, accordingly, at meetings held by them in London, it was resolved, that no more money should be raised under the name of Catholic Rent, but that contributions under the name of the British Catholic Free Gifts should still be received. These free gifts were to be applied:-stood that it was in contemplation 1st, To vindicate, by means of a to pass a bill, the object of which liberal press, the principles, civil was, to restrain the undoubted and religious, of the Catholics; right of the people to meet and and to expose the attempts of in- petition parliament for the redress terested writers to confirm the of grievances, and especially to disprejudices which well-meaning Pro- solve the Association of which the testants entertained, it was said, petitioners were members. They against their Catholic fellow-sub- affirmed, that no act or declaration jects: 2nd, To defray the expenses of that body, from its first instituof the preparation of petitions to tion, had been intended, or was calparliament, and of the collection of culated, to excite alarm, or to exassignatures: 3rd, To furnish the perate the minds of the people of clergy with pecuniary means to Ireland. So conscious were they publish works in the defence of the of the purity of their intentions, Catholic religion: 4th, To pur- that they had no objection to the chase, for the use of Catholic most rigorous inquiry into both: charity schools, cheap books of in- on the contrary, they courted instruction, by which the principles vestigation: and they prayed, that of the true faith might be early impressed on the minds of children. In the mean time, a meeting of the Catholic Association was held no measures might be adopted against the Association until the persons, who were charged with having committed offences, should have been heard in their defence. In particular the petition stated that, after the repeated disappointments which the Catholics had experienced, it was deemed right to enter into an association to promote the general interests of their body, and to bring under the frequent consideration of parliament the various and heavy grievances of which the Catholic people of Ireland complained; that the Catholic Association was formed first and chiefly for such purpose; that it consisted of Catholic prelates, peers, and baronets, of many Protestants of noble families and great possessions, of many distinguished members of high and learned professions, of commercial men of great wealth and character, of country gentlemen, farmers, traders, and substantial citizens; that the Association met publicly, in order to prepare and forward petitions to both Houses of parliament for the redress of grievances; and to procure for the poor, the ignorant, and the defenceless, redress from the known tribunals of the law, for outrages and injuries arising from party spirit; that the petitioners never presumed or pretended to represent in any way or for any purpose, any portion of their countrymen; that the petitioners never presumed or pretended to levy any sum of money from any portion of their fellow-subjects, but they had received the voluntary subscriptions which had been given by Protestants and Catholics towards the creation of a fund, formed to defray the expenses of forwarding petitions to the House, of obtaining justice for the poor, who were not able to obtain justice for themselves, and for other necessary, just, and lawful purposes; that, amongst the subscriptions to this national fund, were to be found those of noble Protestant families, of many members of the legislature, and of other high and dignified persons; that even the very last subscription that appeared on their list bore the name of a noble and venerable personage, whose virtues shed dignity and splendor even upon the exalted honours of the British peerage. The petitioners, in conclusion, disclaimed all views and objects inconsistent with the spirit of the constitution, or the peace, happiness, and improvement of the country, and prayed the House to adopt no measure against the Catholic Association, or against any portion of the Catholic people of Ireland, without first affording to the petitioners a full opportunity of vindicating their principles and conduct at the bar, and to be heard, if necessary, as well by witnesses as by their counsel. On the same night Mr. Brougham moved, that the Roman Catholic Association should be heard by themselves, their counsel or agents and witnesses, at the bar of the House and he supported this motion on the ground, that they denied, and offered to disprove, the allegations on which the measure proceeded. On the other hand, the ministers contended, that this was a question of general policy, and not affecting any rights of private property, and that it was contrary to all precedent to hear counsel in such a case. After a keen debate, in which Mr. Peel shone pre-eminent on the one side and Mr. Brougham on the other, the motion was negatived by a majority of 222 to 89. The second reading of the bill was carried on the 21st of February by 253 votes against 107; and the third reading, on the 25th of February, by 226 against 96. The debate on both occasions was long and animated; but the topics urged on either side were merely a repetition of those which had been previously brought forward. On the 1st of March the bill was read a first time in the House of Lords. On the 4th of that month lord Caernarvon presented a petition similar to that which Mr. Brougham had been entrusted with in the other House, and moved that the petitioners should be heard by themselves or their counsel. The motion was opposed by lord Liverpool and the lord chancellor. The bill, said the noble and learned lord, proceeded to legislate upon a general principle; and the rule was, that no man could be heard upon petition, unless in cases where his own particular interests were affected. If he was asked, whether there were not exceptions to this rule, he would say that he believed there were many but it was always at the discretion of parliament, whether they would preserve the rule, or act on the exception. Cases might be adduced, in which bills, on the demand of extraordinary exigency, had passed in the course of one day, which would subject the parties to the greatest possible punishment. This was a departure from the usual practice of the constitution; but it would be easy to suppose a situation, in which much danger would result from allowing the process of deliberation to go on, and the measure itself might come too late to remedy the evil against which it was directed. If the general measure applied to the proceedings of the Roman Catholic Association, it would put an end to them. If it did not apply, they might go on. Acting upon the general rule, he would say that it was necessary the bill should pass without hearing the petitioners. If it affected them, it could do so only because they had done what they ought not to do. The motion was supported by lord Grey and lord Holland, and was negatived by 69 to 23. On the same evening the second reading of the bill was carried; the Contents being 146; the Non-contents 44. The debate was between lord Liverpool and lord Harrowby on the one side, and the duke of Sussex, the marquis of Lansdown, and lord Grosvenor on the other. On the 7th of March, the bill was read a third time, and passed without a division. On the 9th of March it received the royal assent. By the first section of this act, every society or other body of persons acting for redress of grievances in church or state, or for the purpose or under the pretence of carrying on or assisting in the prosecution or defence of causes civil or criminal, renewing its meetings for more than fourteen days, or collecting or receiving money, is declared unlawful. One clause enacts, "That any society, committee, or other body of persons in Ireland, assuming, or in any manner or by any means or contrivance exercising the power of acting, for the purposes or under the pretences aforesaid, or any of them, which society, committce, or other body of persons, or the members thereof, or any of them, shall appoint, authorize, employ, or make use of any committee, or other select body, or any member or members of such committee, or other select body, or any president, secretary, delegate, agent, or other officer or member theretofore, within the space of six calendar months next preceding, appointed, authorized, employed, or used by any society, committee, or other body of persons, which would have been an unlawful combination and confederacy if the meetings or proceedings thereof had been continued or renewed by adjournment or otherwise, for a longer term than fourteen days from its first meeting, shall be deemed an unlawful combination and confederacy within the meaning of this act, and the meetings thereof shall be unlawful assemblies." All persons offending are deemed guilty of a misdemeanor, and may be punished by fine and imprisonment. Persons knowingly permitting any meeting of such unlawful assemblies in their houses, are, for the first offence, to forfeit the sum of five pounds, and for a second offence, to be deemed guilty of an unlawful combination and confederacy in breach of this act. The act was to commence ten days after it should be passed, and was to continue two years in force. The Catholic Association did not attempt to resist the law, and expired without a struggle. But after the close of the session of parliament, an aggregate meeting of the Catholics appointed a committee of 21 persons to consider, whether there could be framed, without any violation of the existing law, a permanent body, to assist in the conducting or management of such portion of Catholic affairs as it might be by law permitted to have managed, without resorting to the too frequent holding of aggregate meetings, and, in particular, without in any way infringing on the recent statute. On the 13th of July, lord Killeen presented the report of the committee to another aggregate meeting. This report proposed the plan of a new Catholic Association in the following thirteen articles: "1. As it is desirable that the proposed New Catholic Association should combine Irishmen of all religious persuasions, it is expressly declared that no persons professing any of the forms of religious faith allowed or tolerated by law shall be excluded therefrom; but, on the contrary, Christians of all denominations are invited to become members thereof. "2. No member of the New Catholic Association shall be required to take any oath, or make any declaration whatsoever. "3. To avoid the possibility of its being alleged, even by means of any perverse interpretation of the act of 6th George IV., cap. 4, that the new Catholic Association can come within the provisions thereof, it is expressly declared that the new Catholic Association shall not assume, or in any manner, or by any means or contrivance, exercise the power of acting for the purpose or under the pretence of procuring the redress of grievances in church or state, or the alteration of any matters by law established in church or state, or for the purpose or under the pretence of carrying on or assisting in the prosecution or defence of causes, civil or criminal. "4. That the New Catholic Association shall not be composed of different divisions, or of different parts, acting in any manner separate or distinct from each other; and that there shall be no separate or distinct secretary or delegate, or other officer, elected or appointed by or for any particular part, or authorized to act for any particular part; neither shall the new Catholic Association communicate or correspond; neither shall its constitution contain any pro vision for communication or correspondence, with any other society, committee, or body of persons; neither shall it in any respect act in any manner inconsistently with the said statute of the 6th George IV. cap. 4. "5. The New Catholic Association can and may be formed merely for the purposes of public and private charity, and such other purposes as are not prohibited by the said statute of the 6th Geo. IV. cap. 4. "6. The first purpose of the New Catholic Association is, and shall be, that of promoting public peace and tranquillity, as well as private harmony and concord, amongst all classes of his majesty's subjects throughout Ireland. "7. The second purpose of the New Catholic Association is, and shall be, the encouragement and extension of a liberal, enlightened, and religious system of education, founded on the basis of Christian charity and perfect fair dealing. "8. The third purpose of the New Catholic Association is, and shall be, that of ascertaining the number of the population of Ireland, and the relative proportions which the professors of the various Christian persuasions bear the one to the other; and in particular to ascertain the number of children of each persuasion in a course of education. "9. The fourth purpose of the New Catholic Association is, and shall be, to devise the means of erecting suitable Catholic churches for the celebration of divine worship, and to procure and establish Catholic burial-grounds, wherein the Catholic dead may be interred without being liable to any species of contumely or insult. 10. The fifth purpose of the New Catholic Association is, and shall be, to promote all improvements in science, and in Irish agriculture, to encourage the consumption of Irish manufactures, and the extension of Irish commerce. "11. The sixth purpose of the New Catholic Association is, and shall be, to encourage, as much as possible, a liberal and enlightened press, to circulate works calculated to promote just principles, and mutual toleration and kindness, and to vindicate the principles of the Catholics against the unjust and slanderous attacks daily made upon them. 12. The seventh purpose of the New Catholic Association will be, to prepare a detailed statement of the various charges made against the Catholics, in the petitions presented to parliament during the recent sessions, and to publish authentic refutations of such charges in the places where they respectively originated. "13. That every person who shall think fit, on or before a day to be named, to pay the sum of 1., on this admission, shall be a member of the New Catholic Association; and after that day, each person paying 11. and procuring one member to propose and another to second him, shall also be a member.” A subsequent part of the report stated, that, as the New Catholic Association could not interfere in any way to procure redress from parliament, or the courts of law, it was incumbent on the Catholics to adopt other means, altogether unconnected with the New Association, of preparing and presenting petitions to parliament, and also for preventing and punishing acts of individual oppression and of party violence. For this purpose the committee gave the following suggestions: |