clear of these difficulties. It met them by intrusting
“the enforcement of the law to be enacted to
one person alone.” The bill proposed “to
give to the Lord-lieutenant, and to him alone, the
power of suppressing any association or meeting which
he might think dangerous to the public peace, or inconsistent
with the due administration of the law; together with
power to interdict the assembly of any meeting of
which previous notice should have been given, and which
he should think likely to endanger the public peace,
or to prove inconsistent with the due administration
of the law.” And farther, “to interdict
any meeting or association which might be interdicted
from assembling, or which might be suppressed under
this act, from receiving and placing at their control
any moneys by the name of rent, or any other name.”
But the act was not to be one of perpetual duration.
It could not be concealed that such a prohibition
or limitation of the general right of public meeting
and public discussion was a suspension of a part of
the constitution; and therefore the ministers were
content to limit its operation “to one year
and the end of the then next session of Parliament,”
feeling “satisfied that there would be no objection
to continue it, if there should be any necessity for
its continuance.” And this limitation was
a substantial mitigation of its severity. It
made the bill, as Mr. Stanley correctly described
it, “not a permanent infringement on the constitution,
but a temporary deviation from it, giving those powers
which were necessary at the moment,” but not
maintaining them an hour longer than they were necessary.
And this seems to be the course most in accordance
with the spirit of the constitution, with former practice,
with common-sense. Deeds which violate the letter
of the law can be dealt with by the law. But actions
or courses of action which, even if they may be thought
to overstep the law, transgress it so narrowly as
to elude conviction, can only be reached by enactments
which also go in some degree beyond the ordinary law;
and, so going beyond it, are to that extent encroachments
on the ordinary privileges and rights of the subject,
and suspensions of the constitution. But the
very term “suspension” shows that the power
conferred is but temporary, otherwise it would be synonymous
with abrogation. And all parties may wisely agree,
as they did in this instance, to a temporary suspension
of the people’s rights, though there would be
none to whom their permanent abrogation would not be
intolerable.
The bill, then, for the suppression of the Association
passed with universal approval, and it may be regarded
as furnishing a model for dealing with similar associations,
if ever they should arise. And as soon as it
was passed Mr. Peel introduced the greater measure,
that for the repeal of the disabilities. In drawing
the necessary bill the ministers had had two questions
of special importance to consider: firstly, whether