QUESTION. (Hansard, 17 May 1861)

§ SIR ROBERT PEEL
Before the noble Lord answers the Question of the hon. Gentleman, I wish to know if any steps have been taken in reference to an address that has been presented to the noble Lord bearing on a case of persecution of British Protestants in Spain. But, first, let me say I quite agree with the hon. Member for the King's County that it was very indiscreet in the Bishop of Ripon—if the facts are truly reported—to remove the tombstone, and, although the right rev. Prelate has lately spoken out manfully against the persecutions in Spain, I should be sorry to support him in the removal of a stone of that character. Perhaps the House will permit me to allude to a case bearing on the same subject, information of which has reached me this morning. And I must apologize to the House for again alluding to the question of religious persecution in Spain; but the noble Lord at the head of the Foreign Department has shown so much reluctance and indifference in dealing with the subject that it is necessary it should be more vigorously handled by the noble Viscount at the head of Her Majesty's Government. The question I have to put is not in reference to the treatment of natives of Spain by the Spanish Government; it is more important. At the request of British merchants residing at Zerez do la Frontera and Port St. Mary, in the south of Spain, I have to bring under the notice of Parliament some circumstances that have just occurred there of the most oppressive nature it is possible to conceive. The British merchants have been in the habit of having the service of the Established Church performed on Sundays alternately at Zerez and Port St. Mary, in the houses of the vice consuls at those places. But at Zerez the service has recently been performed in the house of a private person, the vice-consul at Zerez, Mr. Gordon, having refused to allow the use of a room in his house for the purpose. I must say it is a scandal and disgrace to the consular service that a British vice-consul should not allow the service of the Church of England to be performed under the protection of 2198 the British flag. It would appear that the clergyman who has acted in those two localities has recently left and a fresh clergyman has been appointed. I have received the following letter, stating the circumstances:— Zerez de la Frontera, May 8. We have for the past two years had the benefit of the services of our Church, the duties of the clergyman being divided between Port St. Mary and Zerez de la Frontera. The service in Port St. Mary is held in the house of the Vice-Consul Campbell, that of Zerez was up to this time held in my house, owing to our vice-consul being a Roman Catholic, and refusing to allow us the use of a room in his house, though we cited cases in which other consuls who hold his faith had in the most liberal manner done so. Up to the present time all has gone on well, hut on the 2nd ult. I received, through our Vice-Consul Gordon, an order from the Alcalde to close my chapel (copy of which order I enclose), and threatening me with a criminal prosecution in case of refusal, according to their Penal Code, Article 139. At a meeting of English held here we again respectfully asked our consul for a room under the protection of our flag, which he has again refused. May I ask your kind interference in our interests? As one of the many British merchants settled here with their families, the service is to ourselves a most vital point. The punishment threatened under the 139th Article of the Spanish Code is, as is well known to many hon. Members, eleven years' penal servitude in the gallics. These men offered to pay the salary of the clergyman out of their own pockets; they in no way interfered with the religious feelings of their neighbours, and they had a right to have the services of their Church performed freely and without interference. The noble Foreign Secretary on a former evening said that though the Spanish Government might interfere in the case of native Protestants, it was prepared to treat English subjects with all the liberality compatible with the law. I think the performance of the Church service in their own houses ought to be compatible with the law of any civilized country. But I have received another letter from a Mr. Joseph Bentley, residing at Little Bolton, who states that he has a daughter living at Gijon, in Spain; this daughter had a child who died there on the 21st of January. The authorities of the place would not allow the body to be buried because the parents were not Roman Catholics, and it was kept above ground for some weeks before they could send it to England for burial. Really, I think the conduct of the Spanish Government—for which I feel as much contempt as my noble Friend—in this matter is the most outrageous that can be con- 2199 ceived, and if it thinks it can treat such things with indifference, I believe it is very much deceived. Spain finds it more agreeable to send out buccaneering expeditions, and to promote slavery, but I am sure the noble Lord has his eye on those proceedings, and will remind the Government of what is due to the principles of justice and humanity. I wish to ask, Whether any steps have been taken to induce the Spanish Government to treat—not Spanish Protestants—but British subjects in the manner that the country would wish to see British merchants treated?

§ MR. COLLINS
said, he very much regretted that the hon. Gentleman behind him (Mr. Hennessy) had called the attention of the House to the conduct of a Member of the other House without giving previous notice of his intention to do so. He (Mr. Collins) could hardly think that the facts had been properly reported. He thought there must be some misrepresentation, and that the Bishop ought to have had some fair opportunity of replying to this statement.

§ VISCOUNT PALMERSTON
—Sir, in answer to the Question of the hon. and gallant Member for Portsmouth (Sir James Elphinstone), I must state that, on account of the urgency of the public service, I cannot postpone the Estimates beyond Thursday next. Before that day hon. Gentlemen will have full opportunity to prepare themselves to discuss them.
With regard to the Question of the hon. Member for the King's County (Mr. Hennessy) I am not at all prepared to give any answer. My right hon. Friend the Secretary for the Home Department is unable to be present, being detained by duty elsewhere; but I am quite sure, when his attention is directed to the subject, he will be able to give an answer.
With regard to the Question of the hon. Member for Tamworth (Sir Robert Peel), I have to state that I did receive the memorial he alluded to, and it has been duly placed before Her Majesty's Government. I have also to state that steps have been taken in the matter. Instructions have been already given by my noble Friend at the head of the Foreign Department to Her Majesty's Minister at Madrid to make urgent representations to the Spanish Government, not only with regard to its proceedings towards British subjects, but in reference to the generally intolerant principles of its administration. My hon. Friend, who knows Spain better 2200 than I do, must be well aware that the Spaniards are a people peculiarly sensitive of any foreign interference with their internal affairs, and, therefore, any representations by the agents of foreign Governments, to be usefully made, must be made with considerable discretion. As far as regards concessions made to British subjects, however, there can be no difficulty and there need be no hesitation; and I am glad to say that the Spanish Government have evinced every disposition to extend to British subjects the privileges which we ask for them—namely, freedom to perform their religious services according to the rites of the Protestant service in their private houses, and the establishment of schools where their children may be educated in accordance with the Protestant faith. If, therefore, any instance has occurred in which that general understanding has been departed from, I am quite sure that on a proper representation to the Spanish Government ample redress will be afforded if it lies within their legal power to set the matter right. With regard to the general question, everybody knows that Spain was in former times governed upon the most intolerant religious principles, and the country was the scene of lamentable executions on account of religious opinions. Great improvement has since taken place in this state of things, and these punishments have been moderated, but still Spain in this respect is far behind any civilized, and, I will almost say, any uncivilized nation. At the same time "the evil that men do lives after them," and the misconduct of former generations still weighs upon Spain in the prejudices which still linger in the public mind there. But Spain now enjoys the advantage of a free constitution, of a representative assembly, and, to a certain extent, of a free press. I cannot doubt, therefore, that discussion will enlighten the mind of the nation, and when that shall have been accomplished the Government of Spain, which is far more advanced than the nation at large, will be able to carry into effect those liberal opinions which I can assure my hon. Friend are entertained by those who at present have the direction of affairs in Spain. All I can say is that Her Majesty's Government will lose no opportunity of which, in their opinion, they can usefully avail themselves, for promoting those principles which everybody in this country is so auxious to see established; and I can assure the House that the unofficial and confidential 2201 communications which have passed between our Minister at Madrid and the Spanish Executive give us good reason to hope that there will be no difficulty, as far as they are concerned, in doing that which for the interest of Spain herself ought to be done as speedily as possible.

§ SIR ROBERT PEEL
said, the noble Lord had not alluded to the conduct of the Vice-Consul Gordon, who, being a Roman Catholic, was intolerant enough to decline allowing the service of the Church of England to be performed under the British flag, and who was the means of inducing the Alcalde to withdraw permission for the celebration of the Protestant service. This person replied in the Spanish language to the communication addressed to him by his fellow-countrymen; and, considering all the circumstances, the Government would surely send out orders at once revoking his appointment. [An hon. MEMBER:—Read his letter.]

§ VISCOUNT PALMERSTON
said, he was quite sure that if the circumstances were as they had been represented and were laid before his noble Friend (Lord John Russell) right would be done.

§ SIR ROBERT PEEL
said, the Vice-Consul's letter was in Spanish, or he should have been glad to read it.