at the same time perfectly unconstitutional, outside
of and adverse to the whole spirit of the constitution.
The royal speech had not ventured to describe the
Association as illegal. The Duke of Wellington
expressly admitted that “in the original institution
and formation of the society there was nothing strictly
illegal."[204] And its founder and chief, Mr. O’Connell,
had been at all times careful to inculcate on his
followers the necessity of avoiding any violation
of the law. But the speech had also declared the
association to be “inconsistent with the spirit
of the constitution.” And its acts, as
the Duke proceeded to describe them, certainly bore
out that declaration. “Those acts consisted
principally in levying a tax upon certain of his Majesty’s
subjects called Catholic rent, and this by means and
acts of extreme violence; by appointing persons to
collect these rents; and farther by adopting measures
to organize the Catholic population; by appointing
persons to superintend that organization; and by assuming
to themselves the government of the country; and, still
more, affecting to assume it. Besides, they expended
this rent in a manner contrary to, and utterly inconsistent
with, all law and order and the constitution of the
country.” No member of either House denied
the accuracy of this description of the Association’s
proceedings. And if it were correct, it was incontrovertible
that the denunciation of it as an utterly unconstitutional
body was not too strong. Indeed, the fact of
its “levying a tax” upon a portion of the
King’s subjects (to say nothing of the intimidation,
amounting to compulsion, by which, as was notorious,
it was in many instances exacted) was the assumption
of one of the most important functions of the Imperial
Parliament; it was the erection of an imperium
in imperio, which no statesmen intrusted with
the government of a country can be justified in tolerating.
And this was felt by the Opposition as well as by
the ministers; by the Whigs as fully as by the Tories.
The most eloquent of the Whig party, Mr. Stanley,
was as decided as Mr. Peel himself in affirming that
the existence of the Association was “inconsistent
with the spirit of the constitution,” and that
it was “dangerous that the people of a country
should look up to any public body distinct from the
government, opposed to the government, and monopolizing
their attachment and obedience."[205]
It was, therefore, with the almost unanimous approval of both parties that the bill framed for the suppression of the Association was received. The framing of such a bill was not unattended by difficulties, as Peel acknowledged,[206] since “no one wished to declare that every political meeting was illegal;” while at the same time it was necessary to guard against “having its enactments evaded, since a more dangerous precedent than the successful evasion of acts of the Legislature could scarcely be conceived.” But the measure, as it was proposed, skilfully steered