HC Deb 06 June 1832 vol 13 cc475-96

On the Motion of the Lord Advocate, the House went into Committee on the Reform of Parliament (Scotland) Bill.

The several clauses from the 23rd to the 36th Were agreed to with verbal amendments.

On the 37th clause being proposed,

Mr. Andrew Johnstone

rose to bring forward the important Motion to which he had given notice, respecting the exemption of clergymen of Scotland from the duties of electors. Nobody, he was sure, would accuse him of hostility to the Scotch Church, with which he had been connected for ten years as an office-bearer, and for which he was known to profess a warm attachment. The objection to giving the clergy the franchise did not arise from the nature of the right of their property, from whence the franchise might arise, but from the nature of the office with which the clergy was invested; and he founded his proposition on the principle that the exercise of the elective franchise was incompatible with the proper discharge of the pastoral office. This proposition was not exclusive in regard to different churches; for it was the duty of the Legislature to support the Christian Church in the enjoyment and exercise of its privileges, and more especially when the Legislature was engaged in the momentous work of renovating the political constitution of Scotland. As to the duties of Christian pastors, he would not refer to any Church articles, or the ordinances of man; but notice briefly one or two authorities, taken from that record to which all owed submission, as shewing decidedly the exclusive nature of the work committed to the "ministers of Christ, and stewards of the mysteries of God." In exhorting one of the first Christian teachers, as to the ordination of ministers, the great apostle of the Gentiles said, "Moreover, he must have a good report of them which are without, lest he fall into reproach." But was it not most likely that when exposed to the strife of political contest, the minister of Christ would run the risk of falling into such "reproach?" The same apostle, also, when again addressing that distinguished Christian minister, said, "Meditate upon these things, give thyself wholly to them;" and, on another occasion, he asked most emphatically, "Who is sufficient for these things?" If any clergyman in Scotland, having a cure of souls, would lay his hand on his heart, and declare that he was "sufficient" for his great work, he (Mr. A. Johnson) would be the first to propose the conferring the elective franchise on that clergyman. The question was peculiarly applicable to Scotland, when the genius of her people, and the spirit of her institutions were kept in view. The learned Lord Advocate, when he gave to the House an admirable sketch of the political history of Scotland, on the second reading of the Reform Bill last Session, in a speech which reflected honour on the learned Lord and on his native country, observed, that they there saw 'a people whose religious education has been attended to by the Government, while they submitted to other oppressions quite as grievous, fly to arms only when their religion was attacked.'* And on the same interesting occasion it was remarked, in a most able and statesmanlike speech, by one whose recent loss was now deplored, 'Scotland was undoubtedly a country which had many excellent institutions. The doctrines of her church were pure; her clergy were respectable and learned; her gentry were well educated; and, above all, her people were as moral, as industrious, and as intelligent, as any in the world.'† It was to preserve her institutions which had called forth these just praises, and to preserve that peculiar character which belonged to the Church and people of Scotland, that he brought forward this motion. In conferring on her a renewed political constitution, the House would observe how little the Church of Scotland owed to the Legislature since the Union. Shortly after that period, the British Parliament, at the instigation of a Tory Ministry, who were displeased at the part which Presbyterian Scotland had taken at the memorable revolution of 1688, deprived the people of the right of acquiring their Church patronages on certain conditions; and this had given rise chiefly to * Hansard (third series) vol. iv. p. 533. † Ibid. p. 563, 564. the Dissenters—now a most numerous and highly respectable class in society. Ought not the present liberal and enlightened Parliament to beware of legislating in such a manner as to subvert the interests both of the Established Church and of Dissenters? When the class of persons primarily affected by his motion was considered, it would be found that the clergy were "but men, subject to like passions with our-selves." Till within the present century, there had scarcely been a clerical voter in Scotland, and at present there were only thirty-three on the county rolls of freeholders in that country. At present, therefore, it was evident that, from the nature of the county constituency, there was little or no room for any political interference on the part of these clerical voters; but under the present Bill it might be, that the clergy, from being officially connected with property, would accidentally, almost all, be entitled to claim the elective franchise; circumstances were completely altered; strong temptations might be held out to them to engage in political strife, and to seek to influence their parishioners, with whom it was well known they were in habits of daily intercourse, and over whom they exercised an unbounded moral control. In their new position how might it be supposed, fairly, that they would act? Lord Clarendon, who was known to be so great a friend to churchmen as to have restored the prelates of England to their seats in the other branch of the Legislature, had remarked, in alluding to the clergy, "there is no class of men who take so erroneous a view of human affairs as churchmen;" and one whose brilliant eloquence used at the close of the last century to delight that House, in his Treatise on the French Revolution, said, 'Politics and the pulpit are terms that have little agreement. No sound ought to be heard in the Church but the healing voice of Christian charity. The cause of civil liberty and civil government gains as little as that of religion, by this confusion of duties. Those who quit their proper character to assume what does not belong to them, are for the greater part ignorant both of the character they have, and the character they assume. Wholly unacquainted with the world in which they are so fond of meddling, and inexperienced in all its affairs on which they pronounce with so much confidence, they know nothing of politics but the passions they excite.' But it was said, you may confer the privilege, and leave it to the discretion of the clergy to exercise it or not, as they shall think fit. His reply to this was, that "privileges infer duties." The elective franchise was a civil privilege of great importance, and imposed a serious duty on those to whom it was extended. Would it not, then, be a mockery of this valuable privilege to bestow it on a class of society in regard to whom it was to be "elegantly understood" by the Legislature that it would not be exercised? Did the experience of the past warrant hon. Members to conclude that the clergy would not use the political franchise? He would only refer to two particular periods, being most anxious to condense his remarks, so as not to fatigue the Committee. In 1597, as stated by Wight on the Election Law, the Committee of the General Assembly of the Church of Scotland was prevailed on by James 6th to complain that the Church was the only body destitute of representatives in the Scottish Parliament, and in consequence an Act was passed, conferring seats on those whom the King might create bishop, abbot, or other prelate; and, in 1598, the General Assembly was prevailed with, said the same author, to declare it "lawful for ministers to accept a seat in Parliament; that it would be for the benefit of the Church to have its representative in that body; and that fifty-one members should be chosen for that purpose." The other reference he should make was, to a petition presented to the last Parliament, after the introduction of the measure of Reform, bearing to be from the Presbytery of Dumblane, praying the House to provide that each of the ministers of the Church of Scotland, as by law established, be entitled to vote for a Representative in Parliament. Here, then, was a claim for the franchise springing from the official station of the claimants; and the two instances cited, proved that churchmen, both in ancient and modern times, had been and were desirous of political power in Scotland. But how was this petition presented and received? The right hon. Baronet, the member for Perthshire, in presenting the petition, remarked,—'He was himself not favourable to giving the elective franchise to the clergymen of the Church of Scotland; because doing so would bring them into collision with the people at elections, and thus lower their character, which at present stood very high, owing to the fact that, in no instance, was any opportunity afforded of bringing them into unpleasant collision with their parishioners. He could not, therefore, support the prayer of the petition.'* The hon. Baronet, the member for Linlithgowshire, then said, "I cordially agree with my right hon. friend: to take the clergy of Scotland from the exclusive performance of their clerical duties would be a great injury to them and their flocks." The petitioners likewise complained, that the Established Church was unrepresented; but how stood the fact? There were about fifteen office-bearers of that Church at that period, holding, and who now held, seats in Parliament, all under the obligation of assisting their pastors in the cure of souls; and he had not the least doubt but that, on every proper occasion, these Elders, as they were termed, would be ready to maintain and defend the interests of their Church. The instances he had adduced, went to prove that, both in ancient and modern times, there had been and were those in the Church who were desirous of political power; and it was, therefore, the duty of the Legislature to protect the people from the danger of the clergy becoming so far secularized as to descend to the arena of political strife; and also to protect the clergy themselves from the risk of the loss of their high character and respectability, from the importunities of patrons, from the solicitations of electors, or from any unhallowed conflicts (which God forbid should ever take place) in regard to sectarian differences. Hitherto the Church and the Dissenters had differed chiefly as to Church government, and not on points of Christian doctrine; and having vied with each other in the faithful and conscientious discharge of their sacred duties, they had been mutually benefited. In the Established Church of Scotland, two-thirds of the patronage belonged to laymen, and the remaining third to the Crown; and here would lie strong temptations for the clergy to interfere in politics, from the natural desire of obtaining preferment, or family advantage, or from the strong feeling of gratitude for favours received. In counties the tenantry and feuars would be peculiarly open to solicitations; and in towns and burghs the parishioners would * Hansard (third series) vol. iii. p. 1348–9. be exposed to the importunities of such clergymen who might be prevailed on to exercise the franchise. There could, indeed, be no estimate made of the unhappy consequences which might follow any such interference. It was equally the duty of the Legislature to protect the clergy from importunity and solicitation on the one hand; and, on the other, to protect the people against the overwhelming influence of the Crown and lay patrons. It had been said, if you do not authorise a direct interference on the part of the clergy, in regard to the elective franchise, they will interfere indirectly—but this argument went too far—it was impossible to avoid indirect evasion or interference in all circumstances. But there was a marked difference between the exercise of a civil right, conferred by the Legislature, with the sanction of public opinion, and an interference which that Legislature might have declared to be improper. In the one case there would be little risk of any open offence to the religious and moral feelings of the community: on the other hand, the indirect interference of the clergyman would be visited by the obloquy of the community, and the censure of the Church. Several hon. Members went so far as to admit, that the clergy should not vote in right of their manse and glebe; but this view of the question was based on a principle quite different from that on which he had founded his proposition of exemption, on account of the sacred nature of the office held by the clergyman. Nor would this mark any disapprobation on the part of the Legislature as to the interference of the clergy; for, if the right to vote was held not to be sufficient from the anomalous nature of the property, how easy would it be for a clergyman desirous of having the franchise, to procure a 10l. or leasehold right, either in town or country? Then he had been told, why give the Church a slap in the face without due cause? He would say, can the Church for one moment, find fault with the Legislature viewing her clergy as set apart, in an elevated position, and conveying its sense of esteem and admiration of that Church, in the mild language in which he had proposed their exemption from the franchise? In regard to the connexion which had at any time taken place between the Church and worldly politics, various Acts of Parliament were on the Statute-books, to which he would not then direct the atten- tion of the Committee. As to the Dissenters, their clergymen were generally chosen by the congregation; and stipend and residence were provided for them. But it was said, we cannot touch the Dissenters. Were they not, however, the subjects of a Protestant Government; and, as such entitled to countenance and support in the relative connexion of pastor and people? By the famous Toleration Act of Queen Anne, the Dissenters were fully recognized; and this Act had been adduced to rule a case in the Supreme Civil Court of Scotland, within the present century. It was then stated from the bench, "that the right of Protestant Dissenters, as much as that of the National Church itself, is statutory; they are not connived at and endured, but recognized and protected in their rights, though not stipendiary." Thus, the Legislature was bound to interfere in behalf of their clergy and their people. He entreated the noble Chancellor of the Exchequer, and the English Members around him, to view this question apart from English analogy, prejudice, or partiality. The two countries were very differently situated. In England, the clergy had exercised the franchise time out of mind; Church possessions were freehold; non-residence was permitted; and the powers of the civil Magistrate were, in many instances, bound up with the priestly office: whereas in Scotland, the clergy could scarcely be said to have exercised the franchise at all; Church possessions were not freehold; non-residence was not allowed; and it was only in extreme cases, and in remote highland districts, that a clerical Magistrate would be found: the question was, therefore, peculiar to Scotland; and the attention of that country would be fixed with deep anxiety, on the proceedings of the Scottish Members, on that night. It had been well considered by the people of Scotland since last October, when he had the honour to enter the notice of a similar motion on the Journals of the House. The opinions of the heads of the Scottish Church, or, as might be more properly said, those who took a lead in her affairs, were known to most hon. Members. They were averse to the privilege of the elective franchise. He had received many letters, from eminent Divines, to the same effect. But a few days since, a most respectable and talented minister in Edinburgh, in reply to a question from him on the subject, said—"I have no hesitation as to the injurious tendency of the privilege; but, if it should be conferred, I will take care it never shall be exercised by me." As to the laity—so far as he had learned—they were quite unanimous as to the propriety of exemption. He would merely allude to the resolution of a Committee of the Convention of Royal Burghs, on a late occasion, in reference to the Reform Bill. This Convention now represented what was formerly the third estate in the Scottish Parliament—they declared they were unanimously of opinion, that the elective franchise should not be conferred on the clergy of any denomination of Christians: in Scotland. In concluding his remark on this great constitutional question—remarks so unworthy of the subject—he would solemnly call on the hon. Member on his own side of the House, to avoid converting the boon they were about to confer on their country into what might too probably, prove a curse; and to the hon. Members on the other side, especially those who considered that the measure of Reform was ruinous in its extent, and revolutionary in its tendency, he would say do you assist at this precious moment, while yet the opportunity is yours, to apply to that measure a sound moral corrective and control; and he would entreat the support of all; so that, while they had the happiness of conferring a renovated, healthy, political Constitution on Scotland, they might no incur the hazard of destroying her best—her sacred institutions. He begged leave to move the insertion of the following words:—"And that no person being a clergyman of the Established Church of Scotland, or of any other Church of any denomination of Christians in that country, exercising the pastoral charges, except any such clergyman as may be in the possession of such right previously to the passing of this Act, shall be entitled to vote at any such election in Scotland."

Mr. Halliburton

seconded the motion of his hon. friend, and would detain the Committee a few moments, while he stated the reasons which induced him to give it his most earnest support. He was aware that he could not urge any additions arguments to those which had been so ably addressed to the House by his hon. friend; but the question was one of such acknowledged importance, that he was impelled to do more than give a silent vote upon it. His opinion was, that if the clause which had been proposed were introduced, and became the law of the land, it would be the means of conferring a great additional benefit upon the people of Scotland; and if it were rejected, a series of evils would ensue, the magnitude and extent of which neither himself nor any other hon. Member could form an adequate estimate. He was happy, however, in believing, from the various conversations which he had had with hon. Members on this subject, that there was a great preponderance of opinion in favour of some such clause as was now proposed; and the difference of opinion was rather as to the extent to which it ought to go, than to its spirit and intention. His hon. friend had made it a matter of principle, and not as having reference to any right of franchise which the clergy might acquire by possessing a life-interest in any property connected with the Church. He had put it upon the principle which the Committee had just recognized by the adoption of the thirty-sixth clause. The principle there recognized was, that the elective franchise should not be extended to Sheriffs or Sheriffs' Clerks; and if the argument was good, as applied to them, à fortiori, it was good as applied to the clergy; inasmuch as to preserve the source of the religion and morality of the country pure and unpolluted, was of still greater importance to the Legislature than to preserve undefiled the seats of law and justice. He had observed, that when his hon. friend adverted to the argument, that to refuse the right of voting to the clergy would not prevent their indirect interference in elections, an hon. Member gave an hostile cheer; by which he presumed that hon. Member entertained that objection. But such an argument was fallacious. In the first place, every thing was done by this enactment to discountenance the interference of the clergy at elections, by disclaiming the principle of their right to interfere; whereas, if the Legislature were expressly to give the right of voting to clergymen, it would become, not only a privilege, but an obligation; and there must exist on the part of that body, a strong feeling of principle to prevent them from exercising a right given by the Legislature; for, by giving that right, they were necessarily called upon to exercise all the influence which their station conferred, in order to promote whatever object they might feel it their duty to advocate, by reason of the power so given them. Indeed, to suppose that the clergy while having a right expressly bestowed upon them by Act of Parliament, should refrain from using it, or from exercising all the influence they might possess over their parishioners and congregations, to prevail on them to support the same men and measures as themselves, was most preposterous. The Scotch clergy were a well educated, and, taken as a body, a highly moral class of men; neither had they any great ulterior objects at which to aim, but still they had a feeling for patronage, like other men; and when it was considered that the individuals who filled the Scottish Church were chiefly drawn from the middle ranks of life, and that to obtain a living in the Church was to them a thing of the greatest possible value, every one must be convinced that they would necessarily be desirous of evincing their gratitude to those who had put them in that situation, and thus, from the very best of motives, they might be induced to pursue a line of conduct in secular affairs most injurious to society, by its robbing them of that sacred character by which their morals and principles were now preserved; and by its divesting them of those pure feelings, essential to the efficient discharge of their religious functions. His hon. friend had put this question upon its just and true ground. It had been the boast of the supporters of this Bill, that it was, with few exceptions, founded wholly on the principle of enfranchisement, that was its great characteristic. One of those exceptions was contained in the clause just passed, and it would only be an extension of that clause, in a case in which the interests of all parties required it should be extended, if the House was to adopt the motion of his hon. friend. The enacting that the clergy shall not have a right to vote in virtue of their Church property, was to effect that by a side-wind which it would be much better to do in a direct manner. If, then, it should be the opinion of the Committee, that a great and serious evil would be inflicted on Scotland by changing the habits and feelings of the clergy of that country, and that inducing those individuals to mix themselves up with electioneering contests, who had hitherto kept aloof from all political and secular strifes and contentions, would lead to no good, but might be attended with much real mischief, he hoped that he and his hon. friend would be sanctioned by a majority of votes in the adoption of the present Motion. So far from its being inconsistent with the principle of the Bill, or contrary to the feelings of the people of Scotland, his opinion was, that by such an amendment the value of this measure would be greatly enhanced, and the best interests of his native country promoted and preserved. It would keep the character of the clergy, as it had hitherto been kept, free from all political taint or secular feelings—leaving them to pursue their holy calling undisturbed by worldly discordances, and uninfluenced and unassailed by temporal cares. He would join his hon. friend in entreating the English Members of that House not to judge of this question by their peculiar modes of thinking with regard to the clergy of England, who might have other and very different grounds for retaining a right they had long enjoyed, than the clergy of Scotland could have to obtain a right which they had hitherto never possessed. But he much doubted whether even the clergy of England, beneficially either to themselves, to religion, or to the country, were allowed to exercise the elective franchise. He had read in The Times of yesterday a transaction which reflected great disgrace on a clergyman of the Church of England, in reference to the Berkshire election now taking place, and it appeared to him that this reverend gentleman was supporting the Tory candidate; but that was of no consequence: whichever side he espoused, the conduct attributed to him could not but bring great scandal upon the Church of which he was a member, a scandal from which the Church of Scotland had hitherto happily been exempted, and he hoped would ever continue to be. He begged to second the Motion of his hon. friend.

Lord Althorp

could assure his hon. friend who introduced this Motion, that he had not the least doubt of his sincerity in wishing to improve the Bill, and that he did not mean anything hostile to the Church of Scotland; but, on the contrary, that he was actuated by the most friendly feelings towards it; at the same time, he (Lord Althorp) could not quite go along with him on the question. He admitted, as it had been stated by his hon. friend who spoke last, that it was possible his English feelings might lead him astray; and he was perfectly ready to declare, that he considered this a question on which the feelings of the people of Scotland ought peculiarly to be attended to. But he could not think that it would be right, for any of the reasons which had been assigned by his hon. friends, to prevent the clergy of Scotland from enjoying the elective franchise. The arguments which had been advanced in support of the proposition to withhold from the clergy that right, appeared to him inconclusive. It was stated, that the entire abstinence on the part of the clergy of Scotland from all interference with election contests, was to be ascribed to the circumstance that they had hitherto had no right to vote. This was not the true cause of their non-interference. It must necessarily be owing to the fact, that the class of persons among whom the right of franchise was distributed in Scotland, was so small in number, and of such a character, that it was not likely the clergy would attempt to influence their votes. His hon. friends had argued, that the effect of depriving the clergy of the elective franchise would be, to prevent them using improper influence at elections. This was not, by any means, a consequence naturally flowing from the circumstance of their not possessing a right to vote. From all that was known of the disposition of men's minds, it could not be predicated that a non-voting clergyman was necessarily a non-interfering clergyman. It was impossible, indeed, to conceive that the mere fact of being deprived of a vote would deprive the clergy of the influence which they at present deservedly possessed throughout Scotland; or prevent their making use of such influence, or of acting upon their own political feelings. If this, then, was the case—if they were not prevented from interfering at the elections, by being deprived of their votes, the ground on which his hon. friends had founded their arguments must fail them. Although those other inducements to which his hon. friends had alluded might have an effect upon the more respectable portion of the clergy, and make them abstain from all interference, yet the less respectable part would be actuated by the ordinary feelings that controlled the conduct of men. But might not the most conscientious clergyman feel it his duty to use all his influence on these occasions? Was it possible to suppose that a man living in a country where the elective franchise was distributed among the whole people, and who considered that one particular course of conduct by those electors would be beneficial to the country, should abstain from all interference; nay, that he should not feel it to be his imperative duty to interfere? He (Lord Althorp) could not believe it possible that persons possessing such influence as the Scotch clergy possessed, could be expected to abstain from exercising it; and if they would, at all events, exercise it, was it not better, and far more consonant with our sense of justice, to give them the same right as their fellow-subjects enjoyed, and allow them to use their influence openly by their votes, than covertly and in secret? On these grounds he was not inclined to agree with his hon. friends in supporting this Motion. If the clergy of Scotland received a right of voting, they ought to possess that right in the same way as the clergy of the Church of England enjoyed it. But this proposition went quite contrary to every principle on which they had been acting, because the extent to which it went was this—that a clergyman who lived in the county of Caithness, and had property in the southern extremity of Scotland, was not to be at liberty to vote; so that, because he was a clergyman, he was to be deprived of the elective franchise. On these grounds, he felt inclined to oppose the Motion—inclined, because if he thought it was the feeling of the whole people of Scotland, and, above all, the feeling of the clergy themselves, then, indeed, he should think it right to give the subject a more earnest consideration. His hon. friend said, he would exempt the clergy from the duty which the franchise imposed, and he wished it to be considered that he was conferring a privilege upon them, rather than inflicting a privation; but he (Lord Althorp) was afraid they would form a different judgment from that of his hon. friend. It was impossible to believe that a class of men, like that of the Scottish clergy, would be satisfied to be deprived of a right which had ever been regarded as a privilege of the greatest value. Looking upon the elective franchise as a great privilege to those who possessed it, and not seeing any ground to deprive the clergy of Scotland of it, he could not concur in the proposition which had been made. This proposition, however, was not confined to the clergy of the Established Church, but went a great deal further, and proposed to deprive the whole body of the Dissenting clergy of Scotland of the right in the same way. This would be depriving so large a class of persons of the right of exercising the franchise, that it was an additional reason with him for opposing the Motion, as one most disadvantageous to the country at large.

Mr. John Campbell

After what has fallen from the noble Lord (which I have heard with extreme pleasure), I shall very briefly address the Committee; but upon a question in which I feel such a deep interest, I cannot content myself with giving a silent vote. The hon. Member who proposed this clause had no occasion to make any protestations as to his motives. All who know him must be convinced that he is actuated by a sincere desire to promote the cause of true religion. The sentiments he expresses form a striking contrast with the fiery effusions of religious rancour which are sometimes poured forth within these walls. In opposing the measure, I hope I may take credit for as great respect and affection for the Church of Scotland as my honourable friend. Sir, it is my boast that I am the son of a minister of that Church, who for fifty-four years was pastor of the same flock. After deep and anxious consideration bestowed upon the subject, I am convinced, that to disqualify the Scottish clergy in the manner proposed would be highly inexpedient. As the Bill stands, the elective franchise is conferred upon them, not by any privilege, but by the general law. A special enactment is required to deprive them of that which is to be enjoyed by their fellow-citizens. To justify this, a very clear case of necessity must be made out. God forbid that they should become political partizans, or that anything should be allowed to divert them from the due discharge of their sacred duties! I approve of the statute which says that they shall not sit in Parliament; and I think it is much better that they should never be in the Commission of the Peace, as I have known many evils to arise from the union of the functions of a Clergyman and a Magistrate. But why should they not be allowed to exercise the elective franchise? What duty will they neglect or violate by going, once in five or six years, to the polling-place—(which can only be a few miles distant)—and voting for the candidate who they think is likely to be the best guardian of the interests of religion and morality. If, upon a dissolution of Parliament, the hon. member for Crail were again a candidate would it not be hard upon them that they should be deprived of the power of supporting the champion of those doctrines which they so much approve? If any of them consider the elective franchise a burthen, they can easily renounce it; for, by omitting to have their names registered, they will have no right to vote. But where, by the principle of the Bill, property, intelligence, and respectability, are to be represented, I do think it would be affixing a stigma upon the Church of Scotland, if it were enacted that no member of that Establishment can be a constituent. They must feel it as a degradation; and there is a great danger of your rendering dissatisfied and discontented a body of men, who, from their great influence over the middling and lower orders of society, it is of the utmost importance to attach to the State. It is vain to think that this attempt will detach from politics such clergymen as are determined to become agitators or political agents. It will only add to the inclination of many, who, if the elective franchise were within their power, might probably be indifferent about it— Nitimur in vetitum semper pethmusque negatum. To create an absolute disqualification would be such injustice as I am sure, after what has been observed by the Chancellor of the Exchequer, very few will countenance. If you merely say, that a vote shall not be gained by the manse and glebe, those who are resolved to have a vote will easily acquire one in another right. But, suppose they were absolutely forbidden to vote in any right, might not this increase their influence? and by what law can you prevent their exercising that influence to please their patron, or to further any object of passion, or prejudice, or interest? My hon. friend should have gone on to render it penal for them to canvass any member of the Kirk Session, or any farmer, shopkeeper, or tradesman, within the parish—and this probably would only have increased the desire and the power to interfere. Look at the efforts made in the Church of Rome, having for their professed purpose to detach the clergy from all secular pursuits. Yet the priests of that communion have in many countries engrossed all the powers of the State, and mixed themselves up with all the affairs of private life. My firm opinion is, that if the elective franchise be intrusted to the Scottish clergy, it will very rarely be abused; and that, where it is exercised, it will be in support of the cause of learning, piety and patriotism. If the restriction were not extended to the Dissenters, the clergy of the Established Church would, by contrast, be placed in a most humiliating situation, being cut off from that which is allowed to Relievers, and Seceders, and Baptists, and Antibaptists, and Burghers, and Anti-burghers. To extend it to the Dissenters seems to me contrary to the first principles of justice. The Dissenting clergy are not public functionaries; you give them nothing, and you have no right to impose any disqualification upon them. Besides, consider the anomalies and absurdities which would follow this enactment. A Catholic priest, with a freehold qualification, may vote for a Member of Parliament in England and Ireland, but not in Scotland; and a Bishop, who is a Dissenter in Scotland, would not be allowed even to poll for a Member of Parliament, while a Bishop in England has a seat in the House of Lords. For these reasons I feel myself bound to oppose the disqualification of the Scottish clergy. I should equally have opposed the disqualification of the Scottish Judges, and I had risen for that purpose before I knew that the learned Lord had agreed to give up the latter part of the 36th Section. If, upon any particular occasion, the Scottish Judges misconduct themselves, let them be punished; but it would be too much, without inquiry or accusation, to deprive them of that which they and their predecessors have immemorially enjoyed, and which is still left to all their brethren in the rest of the United Kingdom.

Sir George Murray

felt called upon to say a few words on the present Motion, more especially as there had been some allusion made to him by the hon. Gentleman who brought it forward. It was with great satisfaction he had heard the observations which fell from the noble Lord, the Chancellor of the Exchequer; he had, in his (Sir George Murray's) opinion, taken a very just view of this case. The noble Lord had been often deservedly complimented upon the good temper which he had shown throughout the whole of the discussions upon this great and important measure, and he would compliment the noble Lord also on the pains he had taken to make himself acquainted with all the details of the Bill more immediately before the House. The noble Lord had evidently considered the present question with care and attention, and he (Sir George Murray) could not let this opportunity pass without thanking the noble Lord, on the part of Scotland, for his conduct in doing so. The present question proposed a new principle, and, at the same time, one of very considerable importance. It was, whether clergymen, otherwise entitled to vote, by possessing the requisite qualification, should be restrained from doing so on account of their clerical profession. He knew several clergymen of the Church of Scotland, who at present exercised the right of voting at elections, and he had never heard the least objection stated to their doing so. The principle contained in the proposition of the hon. Member was, however, that gentlemen in the station of clergymen ought not to be called upon to exercise a political right, because their interference in political matters was incompatible with the advantageous discharge of their religious duties. If the hon. Member intended to apply this to the Church of Scotland only, it was a proposition injurious to the character of the clergy of that Church. He had heard that many Scotch clergymen had objected to this clause, and had stated that the Church should be as little as possible mixed up in party politics, and in election contests. His reply had always been, that he concurred entirely in that opinion; and the hon. Gentleman had most truly stated that these sentiments were expressed by him last year, on presenting a petition to the House from the Presbytery of Dumblane, in favour of this clause in the Bill. But on acknowledging the receipt of the petition from the Presbytery of Dumblane, he (Sir George Murray) had given it as his opinion that the clergy of the Church of Scotland had a just claim to have the rights and interests of that Church protected in Parliament; and he had stated to the Presbytery, that it would give him pleasure to see that effected in the Reform Bill, by granting two Members to the Church of Scotland, on a principle analogous to that by which Representation was given in England to the Universities; and that, in this manner, the clergy would not be involved in the political contentions of their parishioners. When he went to Scotland, however, and had communication with several very respectable clergy- men on this subject, he found that there was a desire on their part rather to withdraw as much as possible from political affairs, and they were, therefore, adverse to the suggestions which he had thrown out. But this very circumstance had led him to consider the little danger that would result from giving to the clergy of Scotland the elective franchise as proposed in the Bill, seeing that they themselves entertained the sentiments which he had just stated prevailed amongst them—namely, of seeking to withdraw from, rather than to covet, political power. He had felt all his life the most sincere respect for the Church of Scotland, and the firmest attachment to it; and, as a proof of its merited high character, and of its practical usefulness, he could appeal to the best of all tests of the value of any Church—its general and acknowledged beneficial influence over the moral and religious habits of the people under its guidance and charge. He was quite as desirous as the hon. Gentleman opposite could be, to preserve this character to the Church of Scotland, and he gave that hon. Gentleman full credit for his laudable intentions in that respect. He did not go along with him, however, in all his apprehensions, nor did he think, supposing these apprehensions to be well founded, that the course which that hon. Gentleman recommended would be effective in obviating them. The hon. Gentleman who spoke last (Mr. Campbell) had alluded to the Church of Rome. The policy of the head of that Church was, to separate the clergy from all secular affairs, but the result was, that that Church had been reproached with having interfered more than the clergy of any other Church in affairs of State, as well as in the affairs of individuals. It was a part of human nature to struggle against restrictions; and his own apprehension was, that they should, perhaps, rather excite the clergy of Scotland to greater interference than it was now their own wish to have with politics, if they cast an unmerited stigma upon them by adopting the motion of the hon. Gentle man. His own conviction was, that the character of the Church of Scotland was their best safeguard: perhaps he should go too far were he to say, that he knew no Church to be compared with it; but this he would say, that he knew of no Church that went beyond it. The House might, therefore, safely yield this power to the Scotch clergy; and he was confident that the value which they must know attached to their present high character, would prevent them from improperly exerting their influence in political matters. He entirely agreed, therefore, in the view taken of this subject by the noble Lord; and, although he most willingly acknowledged that the hon. Member, who brought forward the Motion before the House, was influenced by the purest motives, yet he could not but think that his good intentions had drawn him aside from the most correct view of the subject, and that the success of his Motion would serve only to cast an unjust stigma upon the Scotch clergy, without producing the effect which he desired.

Sir George Warrender

said, after what had taken place, he trusted that the hon. Member would withdraw his Motion. He was sure every one would give him credit for being actuated by the most pure and honourable motives in the course which he had pursued; but, after the reasons urged by the noble Lord, it would be inexpedient to press this Motion to a division. If the House were to assent to the proposition, it would appear something like throwing a stigma upon the clergy of the Church of Scotland. When there was a general rule of enfranchisement, it would be invidious to exempt any particular body of persons, and more especially men of the high character and attainments possessed by this class. He entirely concurred in what had been said, as to the benefits conferred on the people of Scotland by her clergy. No men had rendered more essential service to their country than they had. They had produced such a change in the character of the people as to place them in a moral point of view, above all nations, and had instructed them in such a way as to enable them to acquire influence and wealth in all quarters of the world. A great deal of the commercial importance of this nation was owing to the energy and exertion of the Scotch, who, from the nature of their education, were prepared to act in this manner. If the hon. Gentleman divided the House, he would be in a small minority. Therefore, he earnestly entreated him not to do so. He had no doubt that the hon. Gentleman had been urged to bring forward this Motion; but under all the circumstances of the case, he would not act wisely in pressing it.

Mr. Andrew Johnstone

said, as the right hon. Baronet justly imagined, he had been strongly urged to bring forward this Motion. It would give him great pleasure to act upon the advice which had been given him but he did not see how he could consistently with his duty, withdraw this proposition. He certainly could not comply with this request, unless his hon. friend who seconded his proposition would consent to his doing so. He was anxious that the people of Scotland should know what had taken place on this occasion, and how many Members from that country were prepared to support his view of the case. As for pressing this Motion to a division, he was in the hands of his hon. friend.

Colonel Lindsay

said, he had had several communications from Scotland on this subject, and it appeared that the clergy were, for the most part, anxious that they should not have the elective franchise. He certainly concurred in the present proposition, but thought, after what had fallen from the noble Lord, and other Members, that it would be better not to say more on the subject; he, therefore, must urge his hon. friend not to press his Motion to a division. He was perfectly well aware of the manner in which the hon. Member had been pressed to persist in his Motion; but under the circumstances of the case, even those who were most anxious that it should be carried would yield on the present occasion.

Mr. Robert Ferguson

agreed in the principle of the proposition of his hon. friend. The less the clergy of any country had to do with political matters the better for themselves and their flocks. He agreed, therefore, in the general proposition. In consequence, however, of what had taken place, and seeing that there was no probability of his hon. friend's succeeding in his Motion he must request him not to divide the House. He was sure that his friends, the clergy, would recommend him not to proceed further with his Motion.

Sir Andrew Agnew

agreed in principle with his hon. friend; and if he divided the House, he (Sir A. Agnew) should certainly vote with him, but sufficient had been done, and therefore, he would request him not to divide.

Mr. Cumming Bruce

said, his opinion coincided with that of the hon. Member, but he must request him not to divide, as there was no probability of success.

Sir Charles Forbes

said, as a son of the Church of Scotland, he could not be supposed to be indifferent to her interests. Taking the same view of the question as his hon. friend, he should support him if he went to a divisions; and, from the very general support he had received from both sides, he would recommend him to do so. Several hon. Gentlemen had stated that they supported his proposition, but did not wish for a division. He (Sir Charles Forbes) did not understand their mode of reasoning on this subject. He would tell the hon. Member at once, however, that if he did not divide the House, not one word of what had taken place would be published. It was now the custom to give at least something of a debate when a division took place; but very often, when there was no division, the most important matters passed unnoticed. He had only to add, that if the hon. Member did not divide the House, he would not.

Sir John Hay

said, he concurred in the principle of this proposition; but, in his opinion, more evil than good would result from pressing it at this moment.

Mr. Andrew Johnstone

said, as so many Gentlemen had declared themselves supporters of his proposition, he felt encouraged to divide the House. He felt deeply indebted to the noble Lord and the right hon. Gentleman for their kind expressions; but he might safely say, that he knew the Church of Scotland in all its workings better than either of them, and, although he was aware of great difficulties, he considered that he was bound to support the proposition he had brought forward.

Mr. Cumming Bruce

considered the conduct of the hon. Gentleman rather extraordinary. He called upon hon. Gentlemen to declare themselves in favour of his Motion, so that he might say, that he was not without supporters, in case he did not press for a division, and now he had extracted these opinions, he intended to divide.

The Committee divided; Ayes 7; Noes 72; Majority 65.

Clause agreed to, as also were the other clauses to the 47th.

House resumed—Committee to sit again.