“Can anything be more absurd,” Greville had written concerning the relations which Melbourne revealed to him as subsisting between Downing Street and the Vatican, and the quotation is as appropriate to these later overtures. “Can anything be more absurd or anomalous than such relations as these? The law prohibits any intercourse with Rome, and the Government, whose business it is to enforce the law, establishes a regular, but underhand, intercourse through the medium of a diplomatic agent, whose character cannot be avowed, and the ministers of this Protestant kingdom are continually soliciting the Pope to confer appointments, the validity, even the existence, of which they do not recognise, while the Pope, who is the chief object of our abhorrence and dread, good humouredly complies with all or nearly all their requests.”
Two years after the Minto mission, and a few months before he succeeded to power in place of Peel, Lord John Russell told Charles Greville that the Government was “the greatest curse to Ireland,” and he spoke of “their policy of first truckling to the Orangemen, insulting, and then making useless concessions to the Catholics, without firmness and justice."[13] It is only fair to Lord John to say that in the following year he ordered a Bill to be drawn up to legalise intercourse with the Pope and to put an end to these repeated acts of praemunire on the part of Ministers of the Crown; for a large number of constitutional authorities believed that their action amounted to this offence, which has been defined as consisting of acts tending to introduce into the realm some foreign power, more particularly that of the Pope, to the diminution of the King’s authority.
The Diplomatic Relations with the Court of Rome Bill was introduced and passed into law, with one important amendment which we shall have occasion to notice later, in 1848, less than two years after Peel’s ministry had been succeeded by that of Russell. The grounds upon which its acceptance by Parliament was demanded were that the complications resulting from the revolutionary crisis throughout the Continent made it essential that the Foreign Office should be in a position, in dealing with the chancelleries of Europe, to obtain direct recognition, and as a result first-hand information, as to the attitude of the Holy See in any situations which might arise; and the acceptance by Parliament of the change of policy which the Bill was intended to effect, on the understanding that diplomatic negotiations should be confined to foreign affairs, may be seen in the words of Earl Fitzwilliam in the House of Lords. In his speech in support of the Bill he declared that “the very last subject upon which the Government should communicate with the Court of Rome was that which had reference to relations which it should have with its own Roman Catholic subjects."[14]
The Act was an enabling Act, and its proposals, like those as to concurrent endowment which Russell had made three years earlier, were forgotten in 1850, when, in the matter of the Ecclesiastical Titles Bill, the Prime Minister played the part which Leech immortalised as that of “the little boy who chalked up ‘No Popery’ and then ran away.”