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building funds were raised by local acts, our days done wonders. But until it can be which, though stated in the Census Report proved to me that the more debased and under the head of public beneficence, is really corrupt a society is, the more it feels its need a tax, as much as the State Church is invo- of reformation, and strives to attain it, I shall luntary to the Dissenting minority of the venture to hold the opinion I expressed, that State? How much of those funds were due the voluntary system, by itself, without esto the exertions of the Established clergy, traneous assistance, is utterly inefficient. and to the numerous lay agencies they set I cannot see, then, that I have anything set in operation? How much of the incomes to confess or retract; that I have been guilty of our eighteen thousand and odd clergy, either of untrue assertions or misrepresentawho minister in every parish, is due to volun- tion; whereas B. S., unless he can make taryism?

Let the known condition and good his insinuations, or will apologise for sentiments of the labouring masses in manu- his carelessness in making them, must stand facturing and commercial towns, and the convicted of the very faults with which he mental depression and poverty of agricultural has charged me. labourers, answer the question. The Census I will now briefly pass a few more of Report states, as the income of the Church B. S.'s arguments under review. We are in of England in 1831, the following:-Bishops, forined that a national religion without per

£181,631; deans and chapters, £360,095; secution is an absurdity. Is it so? May parochial clergy, £3,251,159; church rates, we not suppose the possibility of an entire £500,000: total, £4,292,885—derived from people professing a religion, without any dislands, tithes, &c., and adds that now pro- sentients ?—have we no parallel in history? bably the total income of the Church exceeds And may there not be a religion established £5,000,000. I demand of B. S. how much of on sound reformed principles, of the majorthis is due to voluntaryism? "Taking from ity of a nation, observing the healthful mean it the utmost that can be traced to such a between Popery and extreme spiritualism? source, will he venture to assert that volun- Does the history of this country, or of Scottaryism produces annually twenty-five times land, afford no parallel? Is there not an as much as the remainder? Let readers absurdity in supposing that a State religion examine who are in every locality the prime must needs persecute? Has not Christianity, agents in getting up contributions for church from the time of the first Christian emperor, building, and other purposes of a religious wherever it has appeared and prospered, nature; let them consider whether, if those generally taken the form of a national reliagents—the clergy-were not there, those gion; and has not history proved that nothing contributions would ever be thought of or so much hindered its taking that form as commenced; let them remember the truism persecution? I accept, then, B. Si's chalI have elsewhere stated, that in every dis- lenge. By means “short of actual persecutrict the desire of religious instruction is in tion,” I intended those means which are and inverse proportion to the need of it, and have been employed in England, in Scotland, they will understand what I meant when I and in other reformed communions to supsaid, “the voluntary system is utterly in- port religion: by giving the State Church efficient.” Would England have been what an integral share of the legislative functions; she is, the first Christian nation in the by making it necessarily the bonâ fide reliworld, if her religion had been left entirely gion of the throne; by allowing it State funds to voluntaryism for support ? Does not to diffuse sound religious principles among the history of all 'nations, in all ages, from the masses. But let me exemplify what I Abraham downwards, declare the gene- understand by “ actual persecution.” If a ral belief mankind that religion, as a man be imprisoned for his religious opinions: national principle, cannot safely be trusted or if, as in the case of the Royalist clergy to such support? Does not the policy of under the Commonwealth (see p. 574), a the United States, by which every man is man be deprived of his benefice, or forbidden compelled to contribute to the support of to use the prayer book he has been used to, religion, justify that belief? I would by no or to act as an instructor of children, I call means underrate free agency as subsidiary this “actual persecution," and though it is to the State support of religion. It has in a length to which many good men, Dissen:

ers and Churchmen, have conscientiously Rome, &c., fall pointless to the ground. So proceeded, I consider it both morally wrong does his criticism of my next adaptation from and politically absurd. I beseech B.S., how- Gladstone. Will he deny that all power ever, before he sets himself up as a judge (seeing that all powers are ordained of over this country, and threatens, in the true God”) should be used with reference to God's spirit of persecution, to deprive her of her will? Does he, who has said, “ By me kings Church to which she owes so much, to pon- reign and princes decree justice,” take care der well to what excesses of “ actual perse- of individuals and neglect nations ? Has cution” his own party proceeded when they his power no influence in determining the were in power.*

destinies of the latter?

Does not every But exclusion from colleges endowed by Christian nation acknowledge it by national and for a particular Church of Dissenters humiliations,—by national thanksgivings? from that Church cannot be termed “ actual Have not all governments, all legislators, persecution.” Otherwise, of what prepos- been obliged, whatever their own private terous folly are Dissenters guilty in crying opinions may have been, to recognize the out against such persecution, and yet ex- existence of such a power? But B. S. must cluding Churchmen from their own numerous be blind not to see the very obvious reasons colleges -- SO numerous that they cannot why one nation should not interfere with the themselves fill them!

religion of another,

-one I may remind Confining himself still to the same unim- him of which he might have gathered from portant section of my first article, B. S. next the section he attacks, that all such questions the good effects of a national reli- attempts and interference as he describes, gion, and adduces against me the Papal and especially “our army and navy exerting States, Naples, Russia, and Spain. Now, if all their powers of destruction” in such atthose countries have such a national church, tempts, could not be in accordance with the as it is evident, from the very section B. S. principles of a Church “based on scriptural attacks, that I intended, viz., a church and catholic principles,” could not be “short " based on essentially scriptural and catholic of actual persecution.” Such means of exprinciples; " supported by the State indeed, tension are unworthy of any but a Mahomhut by means “ short of actual persecution;" medan or Pagan; are utterly incompatible one of those means being “ the control of the with Christianity; and their recommendaeducational establishments," and those tion cannot, by any twisting and tortueducational establishments, as explained in ring, be extracted from my “ Gladstonian an after part of the same article, such only logic;" therefore B. S.'s assumption that as rightfully and legally belonged to the it can, is untrue in fact, and arguments built Church:-if those countries have such a upon that assumption must go for nothing. national church, I own myself vanquished, Lastly, B. S., fondly thinking to floor not otherwise. The United States will hardly, H. D. L., asserts that the universities are I fancy, assist B. S., as the assailant of not private property, but “civil lay corporaestablished religion; for, if my memory does tions, public institutions.” This assertion is not mislead me, all persons there are com- only half true; it is true in one sense, in pelled to contribute to the support of religion, one degree, but not altogether. The unithough each is left free to choose to what versities cannot, indeed, be strictly termed denomination his contribution shall be given; private property, any more than the English and I am by no means certain that our Church can be termed a private institution; Church would not be greatly benefited by but neither can they be termed “public inthe same policy being adopted in this coun- stitutions," in the sense of being necessarily try, provided that her position as the Church and rightfully open to all who may choose to of England be otherwise left untouched.t use them. For obvious reasons they are not B. S.'s comparisons, then, of Washington and regarded in the eye of the law as strictly

ecclesiastical corporations; not even colleges, • Hume's “ History of England," chap. 54 to though possibly composed wholly of ecclesi62 inclusive; and see note DD at end of vol. vi.

astics; but as civil corporations they were + See the “Edinburgh Review," before referred to, on“ Church Vestries and Church Rates " (No. founded, endowed, and have always existed 204).

for a particular purpose--the advancement

"* new successors.

of religion as by law established, together property, i. e., restricted to those who have with general learning. Such corporations the qualifications which the Church, to whom exist for the very purpose of preserving in the universities of right belong, requires of tact the rights and privileges which, if those who would share in her endowments. granted only to individuals, would expire at I will then attempt a new definition:-08their death, and for this end are regarded as ford and Cambridge are mixed lay-clerical one person by law;“ as one person, they have corporations, the qualifications for admission one will, which is collected from the sense of to which have been, and in strict justice the majority of the individuals,” and which ought to be, Church-membership; they are may establish rules for the regulation of the educational institutions, endowed by and whole. And “the privileges and immunities, justly belonging to Churchmen. To assert the estates and possessions of the corpora- that they were originally, or have generally tion, when once vested in them, will be for been, in a religious sense, unrestricted, is ever vested without any new conveyance to historically untrue (for the Popish clergy

All civil corporations, as considered them as strictly ecclesiastical the College of Physicians and Surgeons, re- corporations); to pretend that they ought so quire certain qualifications of candidates for to be, is theoretically absurd. membership; and one of the qualifications In conclusion, it may be as well to add, hitherto required by law of candidates for lest the animus in which the foregoing admission to degrees at the universities has thoughts have been penned, should be misbeen Church-membership, ---most rightly and understood, that I have generally had in justly, as I proved that these corporations view not the simple admission of Nonconowe their existence, their present condition formists to all the educational advantages of and prosperity, entirely to members of the the universities (to which there is no very National Church,—of the National Church great objection), or even to degrees,—but under one form or another, but chiefly under the entire secularization of the universities its present Protestant form. The law acts by taking away the clerical tenure on which as an unjust aggressor when it infringes fellowships and most professorships are held such privileges: Churchmen would, I am (which must result if Dissenters are admitted sure, scorn to gain such forced admission to to them), and the destruction thereby of the Dissenting corporations and colleges. Where only safeguard against the evils of disunion fore the decision B. S. refers to proves no- and Atheism, and the excesses of all thing to the point at issue; for if to enact kinds to which they naturally lead. It is a religious test is virtually to change the needful to remind readers of this, lest they universities into ecclesiastical corporations, should misinterpret the strong language I how singular is it that Dissenters, immedi- have occasionally used. I can honestly afirm ately on that decision being given, by which, that I have uniformly written without the on B. S.'s own showing, the test of Church- slightest hostility save to principles that I membership was rendered illegal, did not considered dangerous, and that there is noclaim and gain admission to them! The thing I desire more earnestly than that "all universities then are, in the sense intended who profess and call themselves Christians" by H. D. L. and “Justice," strictly private may be led into the way of truth, and hold

the faith in unity of spirit, and in the bond

of * H.J. Stephen's “ New Commentaries on the

peace. Laws of Englund," vol. iii., p. 166, 7.

F. J. L., B.A.

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AFFIRMATIVE REPLY. We concur, in its whole substance, with that of our opponent J. G. R.; and we do the article of “ Maine Law," in answer to not consider it necessary to make any addition to it. Scarcely any one who peruses abstinence is truthful, so long as it is conthe article of J. G. R. can conceive that fined to individuals believing it, and we are there was any intention in the author of it of that class." We are willing to assume to grapple seriously with the question. If that both of those gentlemen are total abstainwe have any fault to find with the indivi- ers; that they are themselves labouring, in dual who baptizes himself with the honour- some form or other, in the cause of tempeable name of "Maine Law,” it is in expending rance. We think it proper to observe, howso much strength in reply to an article so ever, that many who never did anything frivolous. The plan, so frequently adopted to promote total abstinence, and would not in the Controversialist of late, of the writer now become total abstainers, affect to be of an article answering that which appeared favourable to that cause, and blame its adin the preceding number on the opposite vocates for insisting on the Maine Law. side, materially restricts the province of the The question cannot be, Total Abstinence party whose special duty is to reply. versus the Maine Law.. Our opponents need

We fully admit what “Horatio” says, not be afraid that the Maine Law agitation regarding the benefit of discussion. The will absorb the other. When we begin pracopponents of the abstinence movement had tically to realize that man is our brother, little disposition to discuss the question; that we are the disciples and should follow certainly no desire to do so with a conviction the example of One, the energies of whose of the important matters involved in it. life were expended for us, there is a fund of Their general answer was a contemptuous moral energy bestowed on us which will not or angry one, embracing merely the deter- allow the rear of noble cause to languish mination not to allow argument to have any as we press on towards its national realizaweight in producing practical conviction. tion. As the grounds on which the Maine By the Maine Law agitation discussion can- Law is advocated are in many respects not be avoided. The movement is intended similar to those advanced in favour of total to be national. It is insisted that the trade abstinence, it is probable that the agitation in intoxicants shall be put down, a step for the former may induce many to become which must affect the position of the mode - personal abstainers; or, in other words, to be rate drinker. We rejoice in the fact that “a” Maine “ Law" to themselves. The evil the question must inevitably be discussed, of intemperance is great enough to require inasmuch as in this way the agitation will both agencies. Without the preparation of be propelled, and a conviction favourable to the abstinence movement, the advocacy of a a law of the kind for this country will pre- Maine Law would have been fruitless; and vail. In any fair discussion, independent of even after our country shall have the benefit the principles on which such a law is advo- of such a law, the total abstainer will still cated, the enormous evils of intemperance, require to urge his principles, so that both and the favourable results wherever a Maine i individually and nationally their triumph Law has been put in force, meet us at the may be secured. On the other hand, withthreshold, and cannot be overlooked. Nei- out a law of this kind, it is the experience ther of these facts appear to be disputed by of total abstainers, as a body, that they caneither of our opponents, and so far the field not be successful; that they are met by is unquestionably our own. We must en obstacles which cannot be removed by the deavour to find a remedy for intemperance; process of individual conviction, but require and we should be slow to believe that a law the interposition of the law. While the total is founded on erroneous principles which abstainers will support the legislative enforcewould remove the evil referred to, and pro- ment of their views, a large number desire a mote the happiness and morality of society Maine Law as a deliverance from the evils of to an extent much beyond what any other the drinking customs; and it is both to total means could do. If the tree is to be judged abstinence and a Maine Law that we must by its fruit, the Maine Law cause may be look for the cure of intemperance, accomparegarded as established on a very strong nied with those means of rational instruction foundation. Our opponents in the present and innocent recreation, which require a debate do not seem to us antagonistic to Maine Law before the people can have much total abstinence. " Horatio” says, “Total | taste for them. We have considered it proper to make these observations, with the In the State of Maine, and other places where view of presenting, in a clear light, the posi- the sale of intoxicating liquors has been protion and relation of the two movements bibited, the question underwent a long and referred to, which have been controverted in searching discussion; the law has been conthe present debate.

firmed, after its adoption, by largely increas“ Horatio" cautions us against our feelings ing majorities; not merely has the law been being so worked on, in view of the magnitude discussed by the people, but also in the legisof the evil of intemperance, that we might lature, and its strict justice and constitu"be led to assent to propositions which the tional character maintained in courts of law. morning's reflection would show to be ex- “ Horatio" proceeds to speak of the proposed tremely fallacious." We cannot keep out of law as “a degrading dietetic restraint;" and view the important results which will follow in another part of his article observes, “We the introduction of a Maine Law into this had intended to show that a law to regulate country, as well as the fact that unless the men's stomachs was unjust in principle.” It law referred to be passed, it is hopeless to is not a general dietetic measure, laying expect any material diminution in the pre- down minute regulations regarding different valent intemperance. We have to fight articles of food. It deals only with the case against the frigid influence of men who, in of intoxicating liquors, and these are acknowreference to the abstinence movement, could ledged to be a luxury, something for which a not be awoke to a sense of the stupendous taste must be acquired, and not a proper evils resulting from the drinking customs, article of diet. The law does not prescribe and to their duty in relation thereto. There what we shall eat and drink. There are is a danger, then, that many will take too low certain cases, as when a great scarcity of a view of the question; and surely if, as we food prevails, with reference to which it maintain, and we think have proved, that would be reasonable in a legislature to prothe proposed law is just per se, and is consist- hibit the production of food into that which ent with the theory and the practice of modern would be at best a mere luxury. The dislegislation, and that to refuse to adopt that tilleries in Ireland were once shut up under law would be inconsistent with what is most the operation of a temporary law, and the valuable on our statute book, the interests of people were never happier. Even now, with the country demand that we should give the the high price of food, the heavy taxation, law a fair trial. The publican has not suf- the curse of war, and the curse which the fered wherever the law in question has been publican spreads abroad, Parliament would adopted ; he has found other occupations : be justified in prohibiting brewing and disand in this country he need not lose in the tillation, if, in the present state of public improved condition of affairs introduced by a opinion, the law could be enforced. A Maine Maine Law; but even if he did, the welfare Law does not prohibit the use of intoxicating of the community should not be sacrificed to liquors; it puts a stop to the public sale of his. Our two opponents at least cannot them. We trust, then, that the bugbear of object to this, on the ground of their main- a dietetic law will not be considered any taining the right of the publican to sell obstacle to its enactment. Even if it be, in intoxicants; they do not share in the intense the strictest sense, dietetic, the peculiarity sympathy which has been aroused for the lies in the dietetic character of the evil. It publican. We presume they agree with us is easy to talk of such restrictions as dein thinking the trade in intoxicants a nui- grading; but the imperfection of society, and sance. They rather argue for the right to the misconduct of a portion of its members, drink, a right with which the proposed law both justify and compel the adoption of does not interfere, as it would only prohibit many restrictions on the rights which indithe existence of houses for the sale of drink viduals might otherwise enjoy; so that the -houses which spread disease, poverty, and good of society as a whole may be promoted, misery in every neighbourhood where they by lessening the unnecessary temptations are opened. “ Horatio” need not be alarmed before which the more exposed classes are that ihe Maine Law advocates should fill the certain to fall; and the State should not be public mind with untenable and extravagant prevented from doing its duty by any puncviews, which would speedily be regretted. I tilious notions regarding individual liberty.


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