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    Edinburgh University Press is collaborating with JSTOR to digitize, preserve and extend access to The Scottish Historical

    Review.

    http://www.jstor.org

    dinburgh University Press

    The Disruption and British Politics 1834-43Author(s): G. I. T. MachinSource: The Scottish Historical Review, Vol. 51, No. 151, Part 1 (Apr., 1972), pp. 20-51Published by: Edinburgh University PressStable URL: http://www.jstor.org/stable/25528937

    Accessed: 28-10-2015 20:13 UTC

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    G. I. T. MAGHIN

    The

    Disruption

    and

    British

    politics

    1834-43

    The

    Disruption

    of

    1843

    was

    a

    peculiarly

    Scottish

    event

    which

    had

    little

    similarity

    to

    ecclesiastical

    developments

    in

    the

    rest

    of

    the

    United

    Kingdom.

    Like the

    tractarians

    of

    the

    contemporary

    Oxford

    movement,

    the

    Scottish non-intrusionists?who

    left

    the

    Kirk

    in

    1843

    because

    they

    rejected

    lay

    interference

    in

    spiritual

    concerns?

    wished

    to

    reform

    their

    church from

    within

    and

    to assert

    its

    spiritual

    independence

    from

    civil

    authority.

    But

    the

    tractarians

    developed

    mainly as a doctrinal movement, whereas the non-intrusionists had

    comparatively

    little

    theological quarrel

    with their

    opponents

    in

    the

    Church

    of

    Scotland,

    the

    Moderates,

    and wished

    to

    be rid of

    civil control because

    it

    hindered

    their

    schemes

    for

    making

    the

    Church

    a

    more

    popular

    and

    expanding

    body.1

    Non-intrusionists

    also

    bore

    little resemblance

    to

    dissent.

    In

    the

    1830s

    and

    1840s

    dissenters

    strongly

    supported

    the disestablishment

    or

    'voluntary

    church'

    movement to

    free

    churches

    from

    state

    control and

    support,

    while non-intrusionists

    clung

    to

    the

    establishment

    principle,

    albeit

    an

    ideal

    one

    reformed

    according

    to

    their

    views.

    Almost the

    only

    group

    truly

    sympathetic

    to

    non-intrusion

    were

    the

    Wesleyans,

    who

    had left

    an

    establishment

    but

    still

    believed

    in its raison

    d'etre.2

    But

    in

    spite

    of

    the distinctiveness

    of

    the

    Scottish

    church

    question

    its

    outcome

    was

    influenced

    by

    the

    general

    British situation

    because

    of the

    political

    union.

    It would

    be incorrect

    to

    say

    that

    govern

    ments

    refused

    non-intrusionist

    demands

    because

    Scotland

    had

    only

    a

    minority

    voice

    in

    parliament,

    because

    she

    was remote

    from

    Westminster, or because her clerical

    quarrels

    were

    uninteresting,

    unintelligible

    or

    distasteful

    to

    many

    English

    politicians.

    Statesmen

    were

    not

    rendered

    immovable

    by

    the

    indifference

    of

    most

    MPs,

    and

    they

    had

    to

    seek

    to

    understand

    and

    judge

    objectively

    even

    where

    they

    did

    not

    sympathise.3

    It

    was

    unlikely

    that

    Melbourne

    would

    i

    Flashes

    of

    sympathy

    did

    occur

    between

    tractarians

    and non-intrusionists?

    even

    that

    crusty

    evangelical-basher

    Bishop Phillpotts

    was

    once

    approvingly

    quoted

    by

    Chalmers

    in

    the

    general

    assembly?but

    doctrinal

    disparity

    caused

    general

    antipathy

    (W.

    Hanna,

    Memoirs

    of

    the

    Life

    and

    Writings of

    Thomas Chalmers

    [Edinburgh,

    1850-2],

    iv, 112, 320).

    2

    Correspondence

    between

    Chalmers

    and

    Jabez

    Bunting

    shows

    genuine

    sympathy.

    Bunting

    offered

    non-intrusionists

    the

    support

    of

    the

    Wesleyan

    Methodist

    Magazine

    and

    the

    Watchman

    (Edinburgh,

    New

    College,

    Chalmers

    Papers,

    Bunting

    to

    Chalmers, 23

    Jan.

    1841).

    3

    Cf.

    Journal

    of

    Henry

    Cockburn,

    ed.

    T.

    Cleghorn

    (Edinburgh,

    1874),

    lh

    36:

    'It

    is

    the

    duty

    of

    a

    Government,

    in the

    immediate

    presence

    of

    great

    public

    danger,

    to

    take

    the

    lead,

    actively

    and

    decidedly,

    and

    to

    endeavour

    to

    produce

    that

    wisdom

    and

    concord

    which

    it

    does

    not

    find

    existing.'

    DRMAGHiNisa

    lecturer

    in modern

    history

    in the

    university

    of Dundee.

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    THE DISRUPTION

    AND

    BRITISH POLITICS

    21

    make

    a

    painstaking

    study

    of

    the

    dispute:

    he

    confessed

    that

    he

    was

    'practically

    utterly

    ignorant'

    of

    it,1

    and his

    outspoken

    dislike of

    Chalmers

    betrayed

    personal

    bias.

    But the

    essentials

    of

    vetos,

    calls,

    libera arbitria and

    quoad

    sacra churches were

    probably grasped by

    Peel,

    and

    if he

    were

    wanting,

    his

    lieutenant

    Lord Aberdeen

    was

    soaked in

    the

    question,

    as

    is testified

    by

    the

    hundreds

    of

    voluminous

    letters he

    exchanged

    with

    the

    Moderate

    lawyer,

    John

    Hope.

    Deeper

    reasons

    than

    mere

    apathy

    explain

    the

    failure

    of both

    a

    whig

    and

    a

    conservative

    government

    to

    offer

    a

    settlement

    which

    would have

    kept

    the

    non-intrusionists

    in

    the

    Church.

    Primarily

    the

    assumptions

    of both

    governments

    about

    an

    established church

    were

    severely tried by non-intrusionist claims. The policy of whigs and

    liberal

    conservatives

    was one

    of

    reviving

    the establishment

    and

    at

    the

    same

    time

    making

    concessions

    to

    other

    denominations.2

    Desire

    to

    uphold

    the

    establishment

    was

    unlikely,

    save

    under

    a

    threat of

    great

    upheaval,

    to

    embrace

    so

    sacrificial

    a

    measure

    as

    the

    non-intrusionists

    demanded,

    namely

    the virtual

    elimination of

    the

    state

    in

    spiritual

    government

    while

    at

    the

    same

    time

    retaining

    the

    temporal

    advantages

    of establishment. The

    policy

    of

    conciliating

    dissent

    also worked

    against

    non-intrusion.

    Scottish dissenters

    (or

    Voluntaries

    as

    the advocates

    of

    disestablishment

    were

    called)

    opposed

    non-intrusion

    because

    they

    feared

    that it

    might

    succeed

    in

    strengthening

    the

    establishment,

    and the

    whigs

    were

    unwilling

    to

    conciliate

    non-intrusion

    lest

    their alliance

    with dissent

    should

    become weaker than it

    was

    already.

    The

    whigs

    showed

    their

    hand in

    1839

    when

    they

    supported

    a

    judgment

    against

    non-intrusion

    and failed

    to

    bring

    in

    remedial

    legislation.

    The

    non-intrusionists thereafter

    strengthened

    their

    demands,

    which seemed

    increasingly

    anti-erastian to Moderates

    and

    increasingly

    democratic

    to

    aristocrats,

    and

    neither

    whigs

    nor

    conservatives

    would offer

    enough

    to

    satisfy

    them.

    The main

    compromise

    was

    suggested

    in

    1840,

    and

    rejected;

    stalemate

    followed

    with

    the

    government

    upholding

    a

    compromise

    and

    the non-in

    trusionists

    insisting

    on more.

    The

    demands did

    not

    come

    through

    strongly

    enough

    to

    change

    the

    government's

    view.

    Non-intrusionists

    had

    a

    majority

    in the

    general assembly

    of the

    Church,

    but

    in

    parliamentary

    elections and

    popular organisation

    their

    voice

    was

    muffled

    and

    inconclusive;

    the

    government

    therefore

    doubted

    whether

    a

    majority

    of the Church

    supported

    their

    claims,

    and

    these

    doubts

    i

    Lord

    Melbourne's

    Papers,

    ed.

    L.

    G. Sanders

    (London,

    1890), 416,

    Melbourne

    to

    Lord

    Dunfermline,

    20

    Apr.

    1841.

    2

    For

    general political

    attitudes

    see

    Olive

    Brose,

    Church

    and

    Parliament,

    1828

    60

    (London, 1959),

    ch.

    3;

    G. F. A.

    Best,

    Temporal

    Pillars

    (Cambridge,

    1963);

    O.

    Chadwick,

    The

    Victorian

    Church,

    pt.

    1

    (London, 1966);

    N.

    Gash,

    Reaction

    and

    Reconstruction

    in

    English

    Politics,

    1832-52

    (Oxford,

    1965);

    D.

    Southgate,

    The

    Passing

    of

    the

    Whigs, 1832-86 (London,

    1962).

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    22

    G.

    I.

    T. MACHIN

    were

    intensified

    by

    Moderate

    partisans

    who said that

    any

    secession

    would

    be

    a

    small

    one.

    Government resistance continued and

    at

    length

    came

    the

    Disruption,

    a

    larger

    and

    more

    far-reaching

    cata

    clysm

    than was

    expected.

    This article will examine the sad

    story

    of

    the relations of non-intrusionists

    with

    two

    successive

    governments,

    in

    an

    attempt

    to

    show

    why

    schism occurred.1

    I

    The

    non-intrusionist

    movement

    began?ironically

    in view

    of

    the

    fact

    that it

    later

    appeared

    to

    be

    threatening

    the

    establishment?

    as an

    attempt

    to

    defend the Church

    of Scotland

    against

    the

    menace

    of

    Voluntaryism,

    which

    in

    the

    later

    1820s

    emerged

    as a

    militant

    force.2

    Voluntaryism

    directly

    attacked the

    establishment,

    and

    never

    before

    had

    the

    Kirk

    met

    such

    vigorous

    opposition.

    The

    needed

    response

    was

    readily

    forthcoming.

    Against

    the

    lethargy

    of Modera

    tism had arisen

    the zealous

    evangelicalism

    of

    Thomas

    Chalmers,

    Andrew

    Thomson

    and their followers who

    were

    bent

    on

    rebutting

    Voluntaryism

    by

    making

    the

    Church

    more

    vital

    and

    popular.

    Their

    activities

    included

    anti-voluntary

    lectures

    given by

    later

    luminaries of non-intrusion who were themselves to be accused of

    undermining

    the

    state

    connection.3

    The

    evangelicals4

    increased

    i

    My

    main

    MS

    sources are

    the Aberdeen

    Papers

    (British

    Museum,

    Add.

    MSS

    43039-358),

    Peel

    Papers (BM

    Add. MSS

    40181-617),

    Chalmers

    Papers

    (Edinburgh,

    New

    College)

    and

    Dalhousie

    Papers (Scottish

    Record

    Office,

    GD

    45/14).

    These

    are

    hereafter

    referred

    to

    as

    AP, PP,

    CP,

    and

    DP.

    The

    Clerk

    of

    Penicuik

    Papers

    (SRO,

    GD

    18),

    Gladstone

    Papers

    (BM

    Add. MSS

    44088-835),

    Brougham

    Papers (London, University

    College)

    and Dundee

    Presbytery

    Minutes

    (SRO,

    CH2/103/18)

    have also been used.

    In

    contemporary

    accounts

    of the

    crisis

    the

    non-intrusionist

    view

    is

    presented

    by

    R.

    Buchanan,

    The Ten

    Tears'

    Conflict

    (Glasgow,

    1849);

    Hanna, Chalmers',

    and

    T.

    Brown,

    Annals

    of

    the

    Disruption (Edin

    burgh,

    1893).

    A

    hard

    Moderate

    line

    is

    taken

    by

    J. Bryce,

    Ten Tears

    of

    the

    Church

    of

    Scotland

    (Edinburgh,

    1850)

    and

    a

    softer

    one

    by

    A.

    Turner,

    The Scottish

    Secession

    of

    1843

    (Edinburgh,

    1859).

    Useful

    later

    accounts

    are

    in

    G.

    W.

    T.

    Omond,

    The Lord

    Advocates

    of

    Scotland,

    2nd

    ser.,

    1834-80

    (London, 1914);

    W.

    L.

    Mathieson,

    Church

    and

    Reform

    in

    Scotland,

    1797-1843 (Glasgow,

    1916); Hugh

    Watt,

    Thomas

    Chalmers

    and

    the

    Disruption

    (Edinburgh,

    1943);

    G.

    D.

    Henderson,

    Heritage

    (Edinburgh,

    1943)

    and

    The

    Claims

    of

    the

    Church

    of

    Scotland

    (London, 1951); J.

    H. S.

    Burleigh,

    A

    Church

    History

    of

    Scotland

    (Edinburgh,

    i960);

    and W.

    Ferguson,

    Scotland,

    1689

    to

    the

    Present

    (Edinburgh,

    1968).

    In

    attempting

    this

    account of the

    political

    aspects

    I

    have

    benefited from

    discussion

    with

    special

    subject

    students

    at

    the

    university

    of

    Dundee,

    and must thank Professor D. F. Macdonald for his

    helpful

    comments on

    the

    paper.

    2

    For

    the

    development

    of

    Voluntaryism

    see

    A. B.

    Montgomery,

    'The

    Vol

    untary Controversy

    in the

    Church

    of

    Scotland,

    1829-43',

    Ph.D. thesis

    (Edinburgh

    University,

    1953),

    a

    valuable

    study

    of

    a

    subject

    on

    which

    little has been written.

    See

    also

    Burleigh,

    Church

    History,

    323-4

    and

    J.

    B.

    Mackie,

    The

    Life

    and Work

    of

    Duncan

    McLaren

    (London,

    1888),

    i,

    170

    ff.

    3 Montgomery,

    'Voluntary

    Controversy',

    55

    ff.

    4

    The

    evangelicals

    were not

    exactly

    co-terminous

    with

    non-intrusionists;

    most

    evangelicals

    became

    non-intrusionists

    but

    some

    accepted

    modified

    lay

    patronage

    and remained

    in the Church of Scotland

    after

    the

    Disruption.

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    THE

    DISRUPTION

    AND BRITISH

    POLITICS

    23

    their

    representation

    in the

    general

    assembly

    while that

    of the

    Moderates

    declined;

    by

    1834

    the former

    had

    a

    majority

    and

    kept

    it

    until the

    Disruption.

    In the

    same

    year

    Chalmers

    launched

    a cam

    paign

    for

    state

    endowment

    of

    new

    churches which

    was

    bitterly

    opposed by

    Voluntaries,

    and the Voluntaries

    largely

    had their

    way

    with the

    government

    for

    satisfactory

    endowments

    were

    not

    granted. Evangelicals

    also

    promoted

    church extension

    by building,

    within

    existing parishes, chapels-of-ease

    or

    quoad

    sacra

    churches,

    and

    in order

    to

    give

    their

    ministers similar

    rights

    to

    those

    of the

    parish

    ministers

    the

    1834 assembly

    passed

    the

    Chapels

    Act.1

    This

    measure

    was

    disliked

    not

    only by

    Voluntaries

    but

    also

    by

    Moderates,

    who rightly thought it would increase evangelical strength in the

    ecclesiastical

    courts

    such

    as

    presbyteries,

    synods

    and

    general assembly

    which

    controlled

    the

    spiritual

    life of

    the

    Church;

    and the

    act

    was

    later

    repudiated

    by

    the

    court

    of

    session,

    the

    chief civil

    court.

    Evangelicals

    further

    wanted

    to remove

    abuses

    which,

    they

    were

    convinced,

    restricted the

    popularity

    of

    the

    Church;

    and in

    this

    connection

    they

    claimed

    the

    Church's

    right

    to

    make

    decisions

    on

    spiritual

    government

    independently

    of

    the

    state.

    The

    chief

    object

    of

    reform

    was

    the

    system

    of

    lay patronage,

    abolished in

    1690

    but

    restored

    by

    an

    act

    of

    1712,

    according

    to

    which

    a

    candidate

    presented

    by

    the

    patron

    to

    a

    parish

    had

    to

    be

    accepted

    as

    minister

    provided

    the

    presbytery

    was

    satisfied with

    regard

    to

    his

    'life,

    literature

    and

    manners'

    [i.e. morals],

    and the

    opinion

    of

    the

    congregation

    was

    practically

    immaterial.2

    This

    meant

    that ministers

    were

    sometimes

    'intruded'

    on

    unwilling parishes.

    The

    matter

    had

    long

    been

    a

    grievance;

    it

    had caused

    secessions in

    1733

    and

    1752,

    and

    by

    some

    it

    was

    considered

    a

    betrayal

    of

    the

    Union.3

    The non-intrusionists wished to

    modify

    the law of

    patronage

    so

    that

    congregational

    reaction

    to

    a

    presentee

    might

    be

    expressed;

    if

    disapproval

    were

    strong enough

    a

    presentee

    should

    be

    rejected

    and

    a

    more

    acceptable

    candidate found. In this

    intention,

    resistance

    to

    Voluntaryism

    was

    again

    clearly

    seen.

    At the

    1833

    general

    assembly

    it

    was

    said that

    'nothing

    .

    . .

    will

    disappoint

    them

    [i.e.

    the Voluntar

    ies]

    more

    than

    the

    adoption

    of

    a measure

    to

    prevent

    effectually

    the

    intrusion

    of ministers

    into

    parishes'.4

    'John

    Knox the

    Younger's'

    First Blast of the Trumpet against theMonstrous Usurpations of Church

    Patrons in

    Scotland announced

    that

    'the violent

    tempest

    which

    .

    . .

    i

    Buchanan,

    Ten

    Tears1

    Conflict,

    i,

    317

    ff.

    2

    The

    crown

    was

    patron

    of about

    a

    third

    of the

    parishes;

    in

    the

    remainder

    patronage

    was

    usually

    held

    by

    a

    local

    landowner.

    3

    For

    a

    summary

    of

    the earlier

    phases

    of

    the

    dispute

    see

    Henderson,

    Claims,

    102-5.

    4

    Montgomery,

    'Voluntary

    Controversy',

    132.

    See also

    Speeches

    at

    a

    Glasgow

    public

    meeting,

    31

    Jan.

    &

    1

    Feb.

    1833

    (Glasgow,

    1833),

    6

    ff.;

    and

    Brougham

    Papers,

    43044,

    Rev.

    Henry

    Duncan

    to

    Brougham,

    5

    Dec.

    1832.

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    24

    G. I. T. MACHIN

    threatens

    to

    ingulph

    us

    in

    the

    boiling

    waves

    of

    infidel

    rage

    and

    sectarian

    frenzy

    >

    loudly

    proclaims

    that

    the entire abolition

    of

    lay-patronage

    has become

    our

    sheet-anchor'.1

    Most

    non-intrusionists, however,

    would

    at this

    point

    have been satisfied with less than the

    complete

    abolition

    of

    patronage.

    The

    Veto

    Act

    which

    was

    passed

    by

    the

    1834

    assembly

    declared

    that 'the

    dissent

    of

    a

    majority

    of

    the male

    heads of

    families,

    being

    members

    of

    the

    congregation

    and

    in full

    communion with the

    church,

    ought

    to

    be of

    conclusive effect

    in

    setting

    aside the

    presentee',

    and

    no reasons

    need be

    given

    for the dissent.2 This

    was

    quite

    enough

    to

    alarm

    the

    Moderates who

    thought

    that

    a

    congregational

    veto

    without stated

    reasons

    could

    produce

    biased,

    uninformed and

    irresponsible decisions on the worth of a minister.3 And so there

    commenced

    a

    conflict

    within

    the Church which led

    to

    schism

    and

    amidst whose

    cacophony

    the

    dispute

    with

    Voluntaryism

    played

    second

    fiddle,

    though

    it

    was

    by

    no

    means

    rendered

    in

    audible.4

    The

    Veto Act

    was

    to

    raise

    thorny

    questions

    about the

    right

    of

    the

    Church

    to

    decide the

    patronage

    issue

    independently

    of the

    civil

    courts,

    but

    it

    aroused little

    controversy

    until it

    was

    put

    to

    the

    test.

    To historians

    of the Church of Scotland

    the

    years

    1834-9

    are

    a

    golden period

    when

    unity

    over

    many

    matters

    prevailed

    and

    im

    mense

    material

    and

    spiritual

    progress

    was

    achieved.5

    In

    politics,

    non-intrusionist

    support

    for the

    state

    connection

    blurred the issue

    until

    a

    direct conflict

    over

    patronage

    occurred;

    non-intrusionists

    were

    firm

    establishment

    men

    despite

    their wish for

    reform,

    and

    government

    could

    meet

    them

    on

    establishment

    ground

    despite

    having

    to

    take

    account

    of the

    Voluntary

    position.

    Such

    early

    attention

    as

    non-intrusion

    did

    receive,

    however,

    did

    not

    promise

    a

    warm political reception. Nothing was done about the report of a

    select

    committee

    on

    patronage

    which

    was

    vaguely

    in favour

    of

    changing

    the

    law6;

    and

    motions

    in

    1835

    DY

    Andrew

    Johnston

    (MP

    for

    the St Andrews

    burghs)

    for the

    modification

    of

    patronage

    received

    little attention

    or

    support.7

    In

    February

    1834

    Peel stated

    his

    opposition

    to

    the

    alteration

    of

    patronage.8

    i

    Edinburgh, 1833,

    iv.

    2

    Buchanan,

    Ten

    Tears'

    Conflict,

    i,

    289

    ff.

    3

    Bryce,

    Ten

    Tears, i,

    21-42.

    4

    Political

    rivalry

    between

    Voluntaries

    and

    non-intrusionists

    was

    later

    great

    enough

    for Moderates to

    regard

    Voluntaries as

    potential

    allies

    against

    non

    intrusionists

    (see

    below,

    p.

    32).

    In

    1843

    the Free

    Church

    adhered

    to

    the establish

    ment

    principle

    and

    was

    for

    a

    long

    period

    in

    conflict

    with Voluntaries

    on

    this

    point.

    5

    Watt,

    Thomas

    Chalmers, 152-3:

    'At

    no

    period

    in its

    previous

    history

    had

    it

    displayed

    such

    energy

    and sacrifice

    for the

    evangelization

    of

    the nation

    and of the

    world.'

    6

    Hansard's

    Parliamentary

    Debates,

    xxi,

    926-40

    (all

    references

    are

    to

    the

    third

    series);

    Report

    from

    Select Committee

    on

    Church

    Patronage

    in

    Scotland,

    Parliamentary

    Papers,

    1834

    (512),

    v,

    pp.

    iii-iv.

    7

    Hansard,

    xxviii,

    882-6; xxix,

    412-17.

    8

    Ibid.,

    xxi,

    934-5.

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    THE

    DISRUPTION

    AND BRITISH

    POLITICS

    25

    The

    eruption

    of the classic

    Auchterarder

    case

    in

    1834

    transformed

    preliminary

    skirmishing

    into

    a

    serious

    dispute.

    In

    this

    case

    rejection

    by

    the

    presbytery

    in accordance

    with the Veto Act caused the

    disappointed

    presentee,

    Robert

    Young,

    to

    appeal

    to the court of

    session.

    In

    March

    1838

    the

    court

    declared,

    by

    a

    majority

    of

    eight

    judges

    to

    five,

    in

    favour

    of

    Young

    and

    against

    the

    Veto Act.1 The

    assembly

    of

    1838

    replied

    with

    a

    resolution

    that 'in

    all

    matters

    touching

    the

    doctrine,

    government

    and

    discipline

    of

    the

    Church,

    her

    judicatories

    possess

    an

    exclusive

    jurisdiction,

    founded

    on

    the

    Word

    of

    God5,2

    and

    appealed

    against

    the

    offending

    judgment

    to

    a

    higher

    court,

    the

    house

    of lords.

    The

    lords'judgment,

    given

    on

    4

    May

    1839,

    upheld that of the court of session. The statements of whig lawyers

    on

    the

    case

    were

    not

    conciliatory.

    Cottenham,

    the

    current

    lord

    chancellor,

    and

    Brougham,

    a

    former

    one,

    said

    that

    the law

    did

    not

    embrace

    a

    congregational

    call

    or

    veto,

    and

    Brougham

    said

    later

    that 'he had

    never seen

    such

    a

    clear

    case.

    It

    seemed

    to

    be all

    one

    way.'3

    Whig

    opinion

    was

    echoed

    by

    conservative: Aberdeen told

    John Hope,

    dean of

    the

    faculty

    of

    advocates and

    counsel

    for Robert

    Young,

    that

    'if.

    .

    .

    the

    Assembly

    should

    resist

    the decision

    of

    the

    House

    of

    Lords,

    they

    must

    bid

    adieu

    to

    additional

    endowments,

    and

    in

    fact

    they

    would

    go

    far

    to

    sever

    their

    connection

    with

    the

    State'.4

    The

    non-intrusionists

    rejected

    the

    decision.

    Although

    Chalmers

    did

    not

    finally

    adhere

    to

    the

    veto

    until

    considerably

    later,

    he

    was

    driven

    by

    the lords'

    verdict

    to

    re-affirm the

    Veto Act

    at

    the

    1839

    general assembly.5

    Views

    contained in

    his

    influential

    London

    lectures of

    the

    previous

    year

    were

    repeated

    more

    strongly

    at

    this

    assembly:

    'we

    are

    never,

    in

    any

    instance,

    to

    depart

    from

    the

    ob

    ligations which lie upon us as a Christian Church, for the sake

    either

    of

    obtaining

    or

    perpetuating

    the

    privileges

    which

    belong

    to

    us as an

    Established

    Church.'6

    There

    was

    here

    a

    veiled

    threat

    of

    secession,

    which

    was

    put

    in

    plainer

    language

    to

    Sir

    James

    Graham:

    'rather

    than be

    placed

    at

    the

    feet of

    an

    absolute

    and

    uncontrolled

    patronage

    . .

    .

    very

    many

    of

    our

    clergy

    .

    .

    .

    are

    resolved

    to

    quit

    the

    Establishment and

    .

    .

    .

    leave

    it

    a

    prey

    for the

    Radicals,

    and

    Voluntaries,

    and

    demi-infidels

    .

    .

    .

    who

    are

    bent

    upon

    destroying

    it.'7

    i

    Omond,

    Lord

    Advocates, 54

    fF. For

    the

    Auchterarder

    case

    in

    detail

    see

    also

    Watt,

    Thomas

    Chalmers,

    157 ff.;

    Buchanan,

    Ten

    Years'

    Conflict,

    i,

    398-491;

    ii,

    1-15;

    Bryce,

    Ten

    Tears,

    i,

    42-72.

    2

    Buchanan,

    Ten Tears'

    Conflict,

    i,

    478-9.

    3 Hanna,

    Chalmers,

    iv,

    96

    ff.;

    Hansard,

    1,

    374.

    4

    AP, 43202,

    fo.

    180,

    13

    June

    1838.

    5

    Hanna,

    Chalmers, iv,

    115.

    6

    Ibid.,

    iv, 109.

    7

    Chalmers

    to

    Graham,

    6

    June

    1839,

    in

    C.

    S.

    Parker,

    Life

    and

    Letters

    of

    Sir

    James

    Graham,

    Bt

    (London,

    1907),

    i,

    373-4.

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    26

    G.

    I. T.

    MACHIN

    The

    conflicting

    standpoints

    of

    non-intrusionists

    and Moderates

    were

    soon

    being expressed

    through

    public

    channels,

    and

    it

    could

    well be

    said

    that 'the

    Church

    question

    is

    growing

    like

    a

    tropical

    turnip'.1

    Among

    further

    causes

    celebres

    which had arisen

    over

    the

    veto

    the

    Marnoch

    case

    was

    outstanding

    for

    its

    serpentine

    course

    and

    aggravating

    effects

    on

    the

    controversy.

    When

    a

    call

    to

    the

    presentee,

    Mr

    John

    Edwards,

    was

    signed

    only by

    the

    village

    inn

    keeper (a

    fact

    which

    was

    enough

    to

    secure

    notoriety

    for the

    case)

    and the

    great

    majority

    of the male

    heads

    of families

    dissented,

    the

    presbytery

    of

    Strathbogie

    divided

    over

    whether

    to

    apply

    the

    pro

    cedure

    of

    the Veto

    Act,

    seven

    ministers

    being against

    this

    course

    and four in favour. The assembly of 1838 ordered the presbytery

    to

    enforce the

    act

    and the

    presbytery initially

    obeyed.

    Edwards,

    however,

    successfully

    appealed

    to

    the

    court

    of

    session,

    whereupon

    the

    presbytery

    somersaulted

    and decided

    to

    take him

    on

    trials.

    A

    new

    issue

    was

    thus

    added

    to

    the

    quarrel?could presbyteries

    defy

    their

    superior

    court,

    the

    general assembly,

    and defer

    instead

    to

    the

    civil

    authority

    ? This

    question exposed

    the

    very

    heart

    of

    the

    dispute

    over

    conflicting jurisdictions.

    A

    commission of

    assembly

    decided

    that

    the

    seven

    ministers who

    were

    the

    majority

    should be

    temporar

    ily

    suspended

    from office for

    their

    disobedience,

    and

    the

    1840

    assembly

    decided

    to

    continue

    the

    suspension.

    But

    the

    court

    of

    session

    held

    the

    suspension

    to

    be

    invalid,

    whereupon

    the

    seven

    ministers

    resumed their

    functions

    and

    said

    they

    could

    not

    recognise

    the

    proceedings

    of

    the

    commission of

    assembly.

    Further,

    on

    a

    new

    action

    by

    Mr

    Edwards

    the

    seven

    ministers

    proceeded

    to

    ordain

    and

    induct him in

    a scene

    of

    dramatic

    congregational

    opposition,

    in

    January

    1841.2

    The

    Moderates

    led

    by

    Dr

    Cook

    held

    that

    the

    ministers had done

    right

    to

    obey

    the

    'supreme

    tribunals' of the

    country,

    but

    to

    non-intrusionists

    an

    ordination

    performed

    by

    sus

    pended

    ministers

    was an

    almost

    sacrilegious example

    of the

    tyranny

    of civil

    courts.3

    i

    DP,

    646,

    Patrick

    Stewart,

    MP

    for

    Renfrewshire,

    to

    Fox

    Maule,

    9

    Jan.

    1840.

    The

    Moderate

    case

    was

    expounded,

    and

    rather

    spoiled,

    in

    a

    290-page

    pamphlet

    by

    John

    Hope,

    A

    Letter

    to

    the Lord Chancellor

    on

    the

    Claims

    of

    the

    Church

    of

    Scotland

    (London,

    1839).

    Hope's

    friends,

    like

    readers

    of

    a

    later

    age,

    had

    difficulty

    in

    getting

    through it: Aberdeen told him 'it is too long', that Melbourne would never

    read

    it,

    and

    that

    it

    was

    doubtful whether

    even

    the

    lord chancellor would

    do

    so

    (AP,

    43202,

    fo.

    249,

    Aberdeen

    to

    Hope,

    1

    Oct.

    1839).

    A non-intrusionist

    pam

    phlet

    in

    reply,

    A.

    Murray

    Dunlop's

    An

    Answer

    to

    the Dean

    of Faculty's

    Letter

    (Edin

    burgh,

    1839), apparently

    sought

    to

    match

    Hope

    in

    length

    as

    well

    as

    in

    argument.

    2

    Brown, Annals,

    23-24; Hanna,

    Chalmers,

    iv,

    214-19.

    3

    The Moderate view

    was

    expressed

    by

    Dr

    George

    Cook

    to

    Brougham,

    6

    June

    1840

    (Brougham

    Papers,

    33509).

    For the

    whole

    case

    in

    detail

    see

    Watt,

    Thomas

    Chalmers,

    206-21;

    Buchanan,

    Ten Tears'

    Conflict,

    ii,

    passim; Bryce,

    Ten

    Tears,

    i,

    101-59,

    195-217;

    ii? 53-172.

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    THE DISRUPTION

    AND

    BRITISH POLITICS

    2j

    II

    The Marnoch

    labyrinth

    increased

    non-intrusionist

    pressure

    for

    a

    parliamentary

    settlement of the claims. 'It is

    absolutely

    necessary

    that there should

    be

    legislative

    interference',

    wrote

    Lord

    Advocate

    Rutherfurd after

    the

    suspension

    of the

    seven

    ministers.1

    Marnoch

    also affected the

    kind of

    legislation

    which non-intrusionists

    would

    accept.

    Because the

    case

    showed

    what

    a

    Moderate

    presbytery

    might

    do,

    non-intrusionists

    were

    reluctant

    to

    accept

    the

    compromise

    which

    was

    shortly

    offered,

    that

    presbyteries

    should

    judge

    the

    validity

    of

    popular

    objections

    to

    a

    presentee.

    In

    seeking

    a

    parliamentary

    solution it became clear that while there was little to choose be

    tween

    the

    two

    political parties

    as

    regards

    sympathy

    for

    non-intrusion,

    rather

    more

    hope

    could

    be

    placed

    in

    the

    conservatives than

    the

    liberals.

    Two

    Scottish

    whigs

    who held

    ministerial

    office,

    Rutherfurd

    and

    Fox

    Maule,2

    were

    zealous

    non-intrusionists but

    they

    had

    no

    support

    from

    their

    party

    leaders. Scottish conservatives

    on

    the other

    hand

    were

    frequently

    Moderates,

    but

    among

    the

    leaders

    Aberdeen

    was

    more

    conciliatory

    than

    the

    whigs.

    Chalmers,

    moreover,

    was a

    strong conservative,

    and the

    fact

    that

    most

    prominent

    non-intrusion

    ist ministers

    were

    whigs

    weighed

    little

    against

    his

    importance

    as

    leader.3

    On

    political

    and

    especially

    on

    personal grounds

    Chalmers

    cut

    no

    ice with Melbourne. The latter's

    remark,

    in itself

    irrational,

    that

    'I

    particularly

    dislike

    Chalmers;

    I

    think him

    a

    madman

    &

    all

    madmen

    are

    also

    rogues',4

    showed

    that Chalmers

    would find it

    easier

    to

    negotiate

    with Aberdeen. The liberal

    press

    in

    both Scot

    land

    and

    England

    was more

    hostile

    to

    non-intrusion than

    the

    conservative.5

    For various reasons liberal

    policy

    was a

    stalling

    one. The

    govern

    ment

    was

    connected

    with Voluntaries and

    radicals

    who

    might

    not

    unjustly

    be accused of

    enjoying

    the dilemma of the

    Kirk6;

    true-blue

    whiggery,

    whether

    influenced

    by

    anglicanism

    or

    not,

    disliked sub

    mitting

    to

    clerical 'dictation'

    and

    the

    'democracy'

    of

    the

    veto;

    and the

    weak

    position

    of the

    government

    discouraged

    a

    firm

    remedy

    1

    DP,

    642/1,

    Rutherfurd

    to

    Fox

    Maule, 31

    Dec.

    1839.

    2

    Maule

    was

    then

    under-secretary

    for

    home affairs. He

    was

    later

    secretary

    for

    war, second earl of Panmure and eleventh earl of Dalhousie.

    3

    'Without

    Dr.

    G.

    we

    could

    not

    keep

    our

    majority

    in

    the

    Assembly

    & if

    that

    failed,

    our

    cause

    wd. be

    gone'

    (DP, 658,

    Murray

    Dunlop

    to

    Maule, 3

    Jan.

    1840).

    4

    DP,

    640,

    Melbourne

    to

    Maule,

    28

    Oct.

    1840.

    5

    Only

    the

    Caledonian

    Mercury

    in Scotland

    was

    named

    as a

    consistent

    liberal

    supporter

    of

    the

    cause;

    in

    England

    'the Times

    formerly

    &

    the

    Record

    now

    have

    been

    our

    only

    friends while

    the

    Examiner attacks

    us

    fiercely

    &

    the other

    ministerial

    papers

    if

    they

    notice

    our

    affairs

    at

    all do

    so

    by

    quoting

    paragraphs

    from

    our

    enemies'

    (DP,

    658, Dunlop

    to

    Maule, 3

    Jan.

    1840).

    6

    AP, 43202,

    fo.

    253,

    Aberdeen

    to

    Hope,

    14

    Dec.

    1839.

    For the

    action

    of

    dissenters,

    at

    this

    time

    obstructing

    a

    settlement,

    see

    Omond,

    Lord

    Advocates,

    73.

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    28

    G.

    I. T.

    MACHIN

    which

    would alienate

    one

    side

    or

    the

    other.

    'Upon general

    principles',

    said

    Melbourne,

    'I

    never saw so

    clear.

    First,

    I

    do

    not

    know

    how

    I

    could

    reconcile

    it

    to

    my

    conscience

    to

    take the

    part

    of

    any

    Church

    or

    of

    anything

    ecclesiastical

    anywhere,

    in

    opposition

    to

    the law

    . . .

    Secondly,

    I

    do

    not

    know how

    I

    could

    . . .

    agree

    to

    anything

    which

    was

    to

    place

    the

    election of

    ministers

    more

    in

    the

    hands of

    the

    congregation

    than

    it is

    at

    present.

    And,

    thirdly,

    even

    if

    the

    Church

    were

    right

    in

    their

    desires,

    the

    manner

    in

    which

    they

    have

    been

    asserted and

    enforced

    cannot

    be

    justified

    or even

    excused.'1

    A

    non-intrusionist

    deputation

    in London after

    the lords' Auch

    terarder

    judgment

    received

    valuable

    assurance

    that

    the

    extensive

    crown patronage would be exercised in accordance with the Veto

    Act,

    and

    this

    promise

    was

    consistently

    fulfilled,2

    but

    Melbourne

    assured

    Brougham

    that the

    deputation

    had

    not

    caused the

    govern

    ment to

    question

    the

    Auchterarder

    judgment

    and that

    they

    were

    not

    pledged

    to

    bring

    in

    legislation.3

    Thereafter

    Melbourne's

    statements

    in

    parliament

    on

    the

    subject

    displayed

    a

    monotonous

    impassivity

    which

    caught

    the flavour

    of

    the

    whig ministry

    in

    its

    last,

    post

    Bedchamber

    stage.

    On 6

    February

    1840

    he answered Aberdeen

    that

    the

    ministers

    were

    undecided;

    on 2

    March

    he said

    that such

    an

    important

    matter

    needed

    'due and

    mature

    consideration';

    and

    on

    16

    March he confessed

    that

    the

    government

    had

    no

    measure

    ready.4

    By

    this

    time

    non-intrusionists

    had almost

    despaired

    of

    the

    govern

    ment.5

    Finally,

    when

    on

    30

    March

    Aberdeen

    said that Melbourne

    had

    been

    supposed

    to

    be

    considering

    the

    question

    for

    eight

    months

    ?'not

    to

    be

    prepared

    to

    say

    whether he would do

    something

    or

    do

    nothing,

    was

    that

    proper?

    was

    it

    decent?

    was

    it

    honest?

    was

    this

    a

    Government?',

    the

    premier replied

    that

    he

    would

    not

    be hustled and that he was 'not

    prepared

    at

    present

    to

    pledge

    the

    Government

    to

    introduce

    any

    measure on

    this

    subject'.6

    The

    next

    day

    Aberdeen

    said he

    would

    introduce

    a

    measure

    himself7

    and the

    ball

    was

    passed,

    no

    doubt

    thankfully,

    to

    the

    tories.

    Conservatives

    had

    understandably

    been reluctant

    to

    take

    an

    awkward

    problem

    from the

    government's

    shoulders.

    If

    some

    political

    support

    might

    be

    won

    from

    a

    successful

    solution,

    some

    might

    also

    be

    lost,

    and

    this consideration

    was

    important

    because of

    the

    struggle

    to change the government. The Perthshire by-election of February

    i

    Melbourne's

    Papers, 416,

    Melbourne

    to

    Dunfermline,

    20

    Apr. 1841.

    2

    Turner,

    Scottish

    Secession,

    174-5;

    Watt,

    Thomas

    Chalmers,

    195;

    Witness, 9

    June

    1841.

    3

    Hansard,

    1,373-6;

    Melbourne's

    Papers,

    401

    -2.

    4

    Hansard,

    li,

    1279;

    Hi,

    800-1, 1193.

    The

    answers

    of Russell

    and Lansdowne

    were

    much

    the

    same

    (ibid.,

    1198;

    Buchanan,

    Ten

    Tears'

    Conflict,

    ii,

    159-63;

    DP,

    642/2,

    Rutherfurd

    to

    Maule,

    3

    Mar.

    1840).

    5

    DP,

    658,

    Dunlop

    to

    Maule,

    28

    Feb.

    1840.

    6

    Hansard,

    Iiii, 225-7.

    7

    Ibid.,

    260.

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    THE

    DISRUPTION AND

    BRITISH

    POLITICS

    29

    1840

    which

    was won

    by

    a

    conservative

    who

    was

    moderately

    sym

    pathetic

    to

    non-intrusion

    against

    a

    liberal

    who

    was

    more

    so,

    in

    fluenced

    conservatives

    to

    attempt

    a

    settlement.1

    The

    proposal

    which

    followed was the main

    attempt

    during

    the crisis to find a

    compro

    mise.

    Aberdeen

    was

    the

    right

    man

    to

    point

    out

    a

    via

    media. He shared

    the

    restrained liberalism

    of Peel and his

    religious

    views

    were

    sufficiently

    eclectic

    to

    appeal

    to

    anglicans

    as

    well

    as

    presbyterians,

    though

    by

    no means

    to

    all

    those of

    either

    persuasion.

    A

    member

    of the Church of

    Scotland who

    had

    strongly

    advocated

    state

    support

    for

    that

    Church's

    extension,

    he

    was

    yet

    able

    to

    tell Gladstone

    (scarcely,

    however,

    a

    sympathetic listener) that he believed 'the differences in the two

    Establishments

    are

    to

    be

    found

    in non-essentials' and

    that 'there

    is

    much

    in

    the sister

    Church

    [of England]

    which

    I

    greatly

    prefer,

    and

    to

    which

    I

    readily

    conform5.2

    If

    his

    good

    intentions

    were

    fruit

    less it

    was

    because

    events

    and

    personalities

    were

    making

    a

    com

    promise unacceptable.

    His

    proposal

    of

    a

    presbyterial

    veto

    might

    have

    succeeded

    earlier,

    but the lords'

    verdict and the

    Marnoch

    imbroglio

    had hardened

    non-intrusionist

    attitudes

    and little

    short

    of

    agreement

    with

    the

    Veto Act would

    placate

    them.

    Aberdeen

    rejected

    a

    congregational

    veto:

    letters from

    Moderates

    like

    the

    Rev.

    James

    Robertson

    of

    Ellon and

    John

    Hope weighed

    more

    with him than

    the

    appeals

    of non-intrusionists like

    Dr

    Robert

    Buchanan.3

    Hope's

    influence

    was

    queried

    by

    G. W. T.

    Omond,4

    but there

    seems

    little

    reason

    to

    doubt

    it.

    Peel had his

    own reserva

    tions

    about

    Hope,5

    but

    the

    latter

    enjoyed

    a

    confidential

    relationship

    with

    Aberdeen with whose ecclesiastical views his

    own

    were

    in

    close accord.

    Hope's

    view

    of

    developments

    in

    Scotland

    undoubtedly

    affected conservative

    politicians

    in

    London;

    this view was

    firmly

    Moderate,

    though

    on

    occasion he

    showed

    surprising

    conciliatory

    tendencies.

    Aberdeen

    and others

    complained

    of

    Hope's long

    windedness but

    they usually

    followed

    the

    course

    he

    urged.

    Aberdeen

    told

    him in

    October

    1839

    that his Letter

    to

    the Lord

    Chancellor

    had

    convinced

    him,

    which

    'could

    rarely

    be said

    of

    any book';

    'I

    entertained

    great

    doubts

    respecting

    the

    Veto,'

    he

    continued,

    '[but]

    I

    am

    now

    satisfied that

    it

    must

    be

    very

    greatly

    modified

    i Buchanan, Ten Tears'

    Conflict,

    ii, 155-9; Omond, Lord

    Advocates,

    70-71;

    DP,

    626,

    Alexander

    Gurrie

    to

    Maule,

    24

    Feb.

    1840;

    AP, 43202,

    fos.

    297,

    330,

    Aberdeen

    to

    Hope,

    11

    &

    25

    Mar.

    1840.

    2

    Gladstone

    Papers, 44088,

    fos.

    25-26,

    Aberdeen

    to

    Gladstone,

    10

    Dec.

    1840;

    see

    Sir

    A.

    Gordon,

    The

    Earl

    of

    Aberdeen

    (London,

    1893),

    129-30.

    Aberdeen had

    sought anglican sympathy

    for

    Scottish

    church

    extension

    by

    airing

    similar

    views in

    parliament

    {Hansard,

    xxx,

    1077).

    3

    E.g.

    AP,

    43237,

    fos.

    124-5,

    Robertson

    of Ellon

    to

    Aberdeen,

    6

    Mar.

    1840;

    ibid.,

    fos.

    132-5, 141-2,

    Buchanan

    to

    Aberdeen,

    25 Mar.,

    7

    Apr.

    &

    1

    May

    1840.

    4

    Lord

    Advocates,

    84-85.

    5

    See

    ibid.,

    and

    Watt,

    Thomas

    Chalmers,

    196

    n.

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    30

    G. I.

    T.

    MACHIN

    before

    it

    can

    be made

    tolerable.'1 On

    this basis

    Aberdeen

    adopted

    the

    idea

    on

    which

    his

    bill

    was

    founded,

    that

    presbyteries

    should

    consider

    objections

    and

    make

    a

    decision

    when

    presentations

    were

    opposed

    by

    members of the

    congregation,

    and that the reasons for

    objection

    should be stated

    and

    found sufficient

    before

    a

    presentee

    was

    rejected.2

    Non-intrusionists

    much

    preferred

    the

    suggestion

    of

    another

    conservative,

    Sir

    George

    Clerk,

    that

    presbyteries

    should

    take

    account

    of

    the

    numbers

    objecting

    to

    a

    presentee

    even

    if

    the

    reasons

    for

    objection

    were

    found

    unacceptable.3

    Correspondence

    and inter

    views

    between Aberdeen

    and

    non-intrusionists

    suggested

    that

    Aberdeen might be coming round to this solution, but he stood

    by

    his

    more

    limited

    view which

    was

    supported

    by

    Hope's opinion

    that

    the Scottish

    clergy

    were

    basically

    submissive and

    would

    give

    up

    the

    veto

    rather than

    leave the

    Church.4

    Aberdeen's

    biographer

    suggests

    that

    a

    forceful intervention

    by

    Hope

    at

    the

    last

    minute

    dissuaded

    him

    from

    altering

    his

    proposal

    to

    satisfy

    the

    non-intrusion

    ists,5

    and

    although

    such

    a

    view

    may

    not

    be

    complimentary

    to

    Aberdeen's

    independence

    of

    judgment

    it

    is

    in

    keeping

    with

    con

    temporary opinions

    about his

    political

    irresolution.6

    Although

    non-intrusionists

    condemned the

    draft

    bill,7

    Aberdeen

    introduced his

    measure

    in the

    lords

    on

    5

    May,

    denouncing

    the

    popular

    veto

    as

    'the

    exercise of

    an

    arbitrary,

    capricious,

    and

    ground

    less

    will

    of

    a

    congregation

    without

    any

    assigned

    reason',

    and

    pro

    posing

    instead the

    presbyterial

    veto

    which

    'preserved

    the

    jurisdiction

    and

    independence

    of the

    church

    .

    .

    .

    gave

    due

    weight

    to

    the

    just

    claims of

    the

    people,

    and did

    not

    unjustly

    restrict

    the

    rights

    of

    the

    patrons'.8

    The

    Moderate Robertson of Ellon

    thought

    that

    speech

    and bill were both admirable, but he

    realistically

    added that he

    i

    AP,

    43202,

    fo.

    248,

    Aberdeen

    to

    Hope,

    1

    Oct.

    1839.

    2

    Bryce,

    Ten

    Tears,

    i,

    168-84.

    For

    Aberdeen's

    disputation

    with

    leading

    non

    intrusionists

    on

    this

    matter,

    see

    The

    Earl

    of

    Aberdeen's

    Correspondence

    with

    the Rev.

    Dr

    Chalmers,

    etc.,

    14

    Jan-27 May

    1840

    (Edinburgh,

    1840).

    3

    Clerk

    Papers,

    3397,

    address

    of

    the

    Non-Intrusion

    Committee

    of

    the

    general

    assembly

    to

    Sir

    George

    Clerk,

    28

    Jan. 1840;

    Aberdeen's

    Correspondence,

    47,

    Chalmers

    to

    Aberdeen,

    16

    Apr.

    1840;

    Omond,

    Lord

    Advocates,

    75.

    Clerk's action

    caused

    lasting

    annoyance

    to

    Hope

    and

    Aberdeen

    (e.g.

    AP, 43205,

    Hope

    to

    Aberdeen,

    15

    June

    1841).

    See

    also

    DP,

    658,

    Dunlop

    to

    Maule,

    8

    Apr.

    1840.

    4

    Buchanan,

    Ten Tears'

    Conflict,

    ii,

    164-72;

    Aberdeen's

    Correspondence,

    22-24,

    49-50;

    Turner,

    Scottish

    Secession, 224-32;

    AP,

    43203,

    fos.

    9-24,

    Hope

    to

    Aberdeen,

    14

    Apr.

    1840.

    5

    'Possessing

    that

    influence

    which

    a

    strong

    narrow

    mind

    of

    a

    positive,

    over

    bearing

    type

    often

    exerts

    over a

    mind

    of much

    higher

    quality

    in

    which self

    distrust

    and

    humility

    are

    the

    leading

    characteristics,

    the

    Dean

    [Hope]

    succeeded

    in

    persuading

    Lord Aberdeen

    to

    defer

    to

    his

    advice'

    (Gordon,

    Aberdeen,

    134).

    6 See C.

    H.

    Stuart,

    'The

    formation

    of the coalition cabinet

    of

    1852',

    Trans.

    Royal

    Hist.

    Soc,

    5th

    ser.,

    iv

    (1954),

    53-54.

    7

    Buchanan,

    Ten Tears'

    Conflict,

    ii,

    175-80.

    8

    Hansard,

    Iiii,

    1216-26.

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    THE

    DISRUPTION

    AND BRITISH POLITICS

    31

    had

    'no

    hope

    whatever,

    that the Bill

    will be

    acceptable

    to

    a

    majority

    of

    the

    Assembly'.1

    Non-intrusionist

    disapproval

    became, indeed,

    an

    overwhelming

    outcry.

    The bill

    was

    rejected

    by

    sixty

    to

    twenty

    in the synod of Lothian where there was 'language the most violent,

    vituperation

    quite

    exorbitant,

    passion

    inflated

    beyond conception',

    and

    the

    opinion

    was

    aired

    that

    the bill

    'deposed

    the

    Lord

    Jesus

    Christ

    from

    his

    Throne'.2

    Chalmers,

    who had

    countenanced

    a

    presbyterial

    veto

    provided

    that

    objections

    could

    be

    made

    without

    expressed

    reasons

    and that the

    numbers

    objecting

    should

    be

    a

    material

    factor,

    wrote

    bitterly

    to

    Aberdeen of

    his

    disappointment:

    not

    only

    was

    a

    popular

    veto

    condemned

    but

    nothing

    was

    done

    to

    prevent

    the

    court

    of session

    overriding

    a

    decision

    by

    the

    presbytery.3

    The

    general

    assembly rejected

    the bill

    by

    221 votes to

    134;

    one

    observer

    of their

    proceedings

    could

    only

    say

    that

    'they

    were

    ready

    to

    go

    the whole

    hog'.4

    Aberdeen

    thought

    this decision

    might

    extinguish

    his

    bill

    and

    wrote

    that he did

    not

    wish

    'to

    cram

    this

    measure

    down

    their

    throats

    if

    they

    dislike

    it'.5 But

    soon,

    for various

    reasons,

    he

    decided

    to

    take

    the

    measure

    at

    least

    to

    a

    second

    reading,

    and

    when

    moving

    this

    on

    16

    June

    he

    followed the

    advice,

    given

    in

    a

    thirteen-page

    letter

    from

    Hope,

    that he should stand firm.

    Rebutting

    the 'monstrous

    and

    extravagant

    pretensions'

    of

    the

    assembly,

    he vindicated his

    bill

    against

    objections,

    condemned the Veto

    Act,

    defended

    the

    suspended

    Strathbogie

    ministers,

    and

    finally

    gave

    a

    rhetorical

    call

    to

    Melbourne

    to

    declare

    himself:

    'the

    noble

    viscount could

    not

    continue

    to

    sit

    chuckling

    inwardly

    at

    the confusion

    and

    distraction

    which

    pervaded

    Scotland.'6 Melbourne

    answered

    that

    he

    did

    not

    think

    the bill

    had

    sufficient

    support

    in

    Scotland

    to

    be

    a

    satisfactory

    remedy, and advised the house to drop it.7 Although the second

    reading

    was

    easily

    carried

    by

    seventy-four

    votes to

    twenty-seven,

    with

    many

    being

    absent

    because

    it

    was

    Ascot

    week,

    the

    government

    had

    given

    a

    direct

    negative

    and the bill faced

    defeat

    in the

    commons

    with its

    liberal

    majority.8

    Aberdeen therefore decided

    to

    abandon

    the

    bill,

    while

    continuing

    to

    uphold

    its

    principle

    as a

    desirable

    solu

    tion.

    He

    took the bill

    into

    committee but

    announced

    on 10

    July

    i

    AP,

    43237,

    fos.

    173-4,

    Robertson

    to

    Aberdeen,

    22

    May

    1840.

    2

    AP, 43203, fo. 161, Rev.

    Dr

    William Muir

    to

    Hope, 13May 1840.

    3

    Aberdeen's

    Correspondence,

    54-56, 60-63,

    12

    &

    18

    May

    1840;

    Watt,

    Thomas

    Chalmers,

    201-5;

    Hanna, Chalmers,

    iv,

    162-74.

    See also

    W.

    Hanna,

    A

    Selection

    from

    the

    Correspondence

    of

    the late

    Thomas Chalmers

    (Edinburgh,

    1853),

    386

    ff.,

    Chalmers

    to

    Lord

    Lome, 19

    Feb.

    1842.

    4 Buchanan,

    Ten

    Tears'

    Conflict,

    ii,

    195-214;

    AP,

    43203,

    fo.

    244,

    Sir

    A.

    Pringle

    to

    Hope,

    2

    June

    1840.

    5 Ibid.,

    fos.

    214

    &

    233,

    Aberdeen

    to

    Hope,

    21

    &

    31

    May

    1840.

    6

    Hansard,

    liv,

    1205-7; AP,

    43203,

    fos.

    308-21, Hope

    to

    Aberdeen, 13

    June

    1840.

    7

    Hansard,

    liv,

    1233-7.

    8

    Ibid.,

    1241-2; AP,

    43204,

    fo.

    7,

    Aberdeen

    to

    Hope,

    17

    June

    1840.

    c

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    32

    G. I.

    T. MACHIN

    that

    it

    would

    be

    given

    up

    for

    the

    current

    parliamentary

    session.1

    The

    opposition

    effort

    had

    failed,

    and

    the

    onus

    was

    back

    on

    the

    government.

    Since

    compromise

    had failed to win non-intrusionist

    approval,

    it

    was

    open

    to

    the

    whigs

    to

    propose

    a

    solution

    which

    was

    likely

    to

    do

    so,

    namely

    to

    make the

    Veto

    Act

    a

    parliamentary

    statute.

    But

    to

    espouse

    the

    non-intrusionist

    cause

    would lose both

    dissenting

    and Moderate

    support,

    and

    this

    was

    dangerous

    when the

    govern

    ment

    risked

    defeat

    at

    the

    next

    election.2

    Thus

    the

    political

    sit

    uation,

    as

    well

    as

    Melbourne's

    unrepentant

    erastianism,

    favoured

    a

    policy

    of

    continuing

    to

    do

    nothing.3

    In

    the months before the

    next

    parliamentary session the dispute worsened as the Marnoch case

    neared

    its climax and

    municipal

    elections and

    a

    university

    rector

    ship

    became

    battle-grounds

    in the

    contest.4 But

    when

    parliament

    resumed

    in

    January

    1841

    Melbourne's tactics

    were

    unaltered.

    On

    29

    January

    he

    said

    that

    the

    government

    was

    not

    prepared

    to

    alter

    the

    law;

    he

    discouraged

    a

    proposal

    by

    Sir

    George

    Sinclair for

    a

    select

    committee,

    and

    on

    3

    May

    he

    said that

    'neither

    on

    the

    one

    side

    nor

    on

    the other

    am

    I

    prepared

    to

    alter the constitution of

    the

    Church

    of Scotland'.5

    The

    whig

    attitude is

    partly

    attributable

    to

    the

    growing

    restlessness

    of

    Scottish

    dissent,

    which

    was

    nourished

    by

    the

    conviction

    of

    unequal

    treatment and

    was

    persistently

    mistrustful of non-intrusion.6

    In the

    autumn

    of

    1840

    Voluntaries

    fought

    non-intrusionist candidates

    in

    municipal

    elections,

    particularly

    in

    Edinburgh

    where after

    a

    bitter

    contest

    the Voluntaries

    were

    defeated but

    left

    planning

    revenge.7

    The

    prospect

    of

    liberal division

    was

    not

    lost

    on

    the

    tories.

    Aberdeen

    and

    Hope

    were

    annoyed

    with

    the Times for

    condemning

    a

    declara

    tion of independent electoral action by Scottish dissenters; Hope

    thought

    there

    was

    potential

    gain

    for the conservatives

    and

    that

    i

    Ibid.,

    fos.

    17-48,

    126-7,

    Aberdeen-Hope

    letters; Hansard, lv,

    593-5.

    A

    declaration

    in

    favour

    of

    the bill

    was

    signed by

    244

    ministers

    and

    454

    elders

    (AP,

    43204,

    fos.

    134-5).

    2

    Melbourne's

    Papers,

    418.

    3

    See

    ibid.,

    416-17,

    Melbourne

    to

    Dunfermline,

    Apr. 1841.

    4

    The

    election

    of

    the

    non-intrusionist

    marquess

    of

    Breadalbane

    as

    rector

    at

    Glasgow

    was

    described

    as

    'the

    greatest

    triumph

    which the

    cause

    has

    yet

    gained'

    (AP, 43204, fo. 211, Aberdeen to Hope, 6 Dec. 1840).

    5 Hansard, lvi,

    137;

    lvii,

    1385;

    GP,

    Sinclair

    to

    Chalmers, 4

    Feb.

    1841.

    6

    'The

    Dissenters

    complain

    that,

    in

    every

    thing

    Govt,

    put

    a

    stigma

    upon

    them.

    You

    exclude them

    from

    the

    Committee

    for

    printing

    the

    Bible,

    from

    being Chap

    lains

    to

    any

    Jail.

    .

    .

    etc.

    etc'

    (DP,

    628,

    Sir

    James

    Gibson-Craig

    to

    Maule,

    8

    Oct.

    1840).

    7

    For the

    Edinburgh

    elections

    see

    DP,

    628,

    642/2,

    658;

    AP, 43204,

    fo.

    199,

    Aberdeen

    to

    Hope,

    14

    Nov.

    1840;

    Memoirs

    of

    Adam

    Black,

    ed. A.

    Nichols

    (Edin

    burgh,

    1885),

    106-7.

    Rutherfurd

    called dissenters

    'the

    most

    intolerant &

    bigotted

    & conceited

    and self-willed

    and

    interested

    class,

    civil

    or

    religious,

    in

    the

    country'

    (DP,

    642/2,

    Rutherfurd

    to

    Maule,

    29

    Nov.

    1840).

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    THE DISRUPTION

    AND

    BRITISH

    POLITICS

    33

    Peel

    should

    be

    'up

    in the matter'.1

    The

    government

    had

    to

    soothe

    dissent,

    and

    this

    further

    dimmed

    the

    chance

    of

    their

    yielding

    to

    non-intrusionist

    demands.

    As

    Aberdeen

    put

    it,

    'from

    the

    enormous

    difficulty arising

    from the difference of

    opinion

    amongst

    [Mel

    bourne's]

    friends

    and

    supporters,

    he will

    probably

    attempt

    to

    scramble

    on,

    without

    doing

    anything'.2

    In

    these

    circumstances

    the

    only

    attempt

    at

    a

    legislative

    settlement

    in

    the

    1841

    session

    was

    made

    again

    by

    a

    conservative,

    the duke

    of

    Argyll,

    who

    was

    prepared

    to

    offer the non-intrusionists

    much

    more

    than Aberdeen.

    Argyll's

    bill

    went

    even

    beyond

    the Veto

    Act,

    giving

    the

    right

    of

    veto to

    all

    male

    communicants

    over

    twenty-one,

    but

    also provided that the veto should be set aside when proved to have

    been

    instigated

    by

    factious

    motives

    or

    irrational

    prejudice.3

    The

    debate

    on

    the

    first

    reading

    in the lords

    on

    6

    May

    drove

    many

    un

    interested

    peers

    from the house and

    only twenty-three

    were

    left,

    'almost

    all

    Scotch,

    or

    connected

    with

    Scotland';

    a

    certain defeat

    was

    predicted

    on

    the

    second

    reading.4

    Argyll

    would

    scarcely

    be

    supported

    by

    his

    party

    leaders,

    who would

    advance

    no

    further

    than

    Aberdeen's

    bill,

    but

    he

    could

    expect

    more

    acclaim

    from the forth

    coming general assembly, despite

    the

    recent

    appearance

    of

    a

    move

    ment

    for

    the

    complete

    abolition

    of

    patronage.

    The

    assembly

    met

    in

    a

    mood

    of

    great

    militancy

    and the

    ardour

    of the debates

    was

    such

    that,

    according

    to

    Hope,

    'one

    poor

    creature

    .

    . .

    went

    raving

    mad

    on

    the

    spot,

    and

    the

    Assembly

    had

    to

    adjourn

    till

    he

    could

    be

    put

    under

    restraint and

    removed'.5

    The

    Auchterarder

    charge

    was

    declared

    vacant,

    to

    be

    filled

    by

    a

    congregational

    call

    in

    defiance of

    the lords'

    judgment;

    the

    Marnoch

    ordination

    was

    pronounced

    void,

    the

    seven

    ministers

    were

    deposed

    and

    the

    con

    gregational

    choice of minister

    upheld,

    and in other cases the veto

    was

    endorsed.6

    A

    large

    party

    favouring

    the abolition of

    patronage

    made

    itself

    felt,

    but

    Argyll's

    bill

    was

    supported

    by

    this

    group

    and

    was

    carried

    by

    a

    large

    majority.7

    Chalmers threatened

    disruption

    i

    AP,

    43204,

    fo.

    227,

    Aberdeen

    to

    Hope,

    3

    Jan. 1841;

    PP,

    40312,

    fos.

    343-5,

    350-61,

    Aberdeen

    to

    Peel,

    11

    Dec.

    1840

    &

    14

    Jan. 1841,

    with enclosures.

    Peel,

    however,

    felt

    it

    'quite

    impossible

    for

    us

    to

    act

    in

    concert

    with them'

    (AP,

    43204,

    fo.

    235,

    Aberdeen

    to

    Hope,

    10

    Feb.

    1841).

    2

    Ibid.,

    fo.

    256,

    Aberdeen

    to

    Hope,

    3

    Apr.

    1841.

    3

    Hanna, Chalmers,

    iv,

    229.

    4 CP,

    Sir

    George

    Sinclair

    to

    Chalmers,

    7

    May

    1841;

    Hansard, lvii,

    1478-88;

    Buchanan,

    Ten

    Tears'

    Conflict,

    ii,

    336-9.

    5

    AP,

    43205,

    fo.

    40,

    Hope

    to

    Aberdeen,

    1

    June

    1841.

    6

    Buchanan,

    Ten

    Tears'

    Conflict,

    ii,

    367

    ff.;

    Hanna,

    Chalmers,

    iv,

    219

    if.;

    AP, 43205,

    fos.

    29

    ff.,

    Hope

    to

    Aberdeen,

    30

    May

    1841.

    7

    Buchanan,

    Ten

    Tears'

    Conflict,

    ii,

    340

    ff.;

    Hope

    to

    Aberdeen,

    30

    May

    1841

    (see

    last

    note).

    This

    ambiguity

    may

    have

    meant,

    as

    Hope

    said,

    that the

    extremists

    would

    only

    take

    Argyll's

    bill

    as a

    first

    instalment

    and make further

    demands

    later

    (ibid.).

    It

    may

    on

    the

    other

    hand have

    meant

    that

    the

    anti-patronage

    group

    were not

    determined

    on

    their

    claim

    and

    would have

    settled for less.

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    34

    G- I- T. MACHIN

    unless

    parliament

    gave

    adequate

    redress: 'if

    this is

    to

    be the

    last

    knell

    of the

    Presbyterian

    Establishment in

    Scotland,

    only

    let

    the

    Legislature

    say

    so.'1

    Moderates

    were

    outraged by

    the

    proceedings.

    Hope

    asked: 'in the

    history

    of Protestant

    Europe

    was there ever

    such

    a

    series of

    enormities?';

    and

    Aberdeen

    went

    further: 'the

    pre

    sumption

    manifested

    by

    the General

    Assembly.

    .

    .

    was

    never

    equalled

    by

    the

    Church

    of

    Rome.'2 The clash of

    opinion

    made

    a

    satisfactory

    legislative

    solution

    seem

    even

    less

    likely.

    A

    swift settle

    ment

    was

    in

    any

    case

    out

    of the

    question.

    The

    government

    was

    defeated

    on

    a

    vote

    of

    confidence,

    it

    was

    decided

    to

    dissolve

    parlia

    ment

    on

    22

    June

    and because

    of

    this

    Argyll

    would

    not

    press

    his

    bill,

    though he intended to revive it thereafter.3 Melbourne gave a

    last

    warning against

    the

    'dangerous

    and

    unwise'

    expedient

    of

    an

    act

    of

    parliament

    and

    recommended

    that

    the

    dispute

    should

    be

    'allowed

    to

    work itself

    out

    by

    the efforts of

    conflicting parties'.4

    Whether

    the

    new

    government

    would take

    a

    more

    constructive

    approach

    was

    a

    question

    which

    might

    be

    influenced

    by

    the

    strength

    of

    the

    non-intrusionist

    cause

    in the

    general

    election.

    Ill

    It could be

    prophesied

    on

    the

    basis of

    previous

    attitudes that

    neither

    party

    would

    espouse

    non-intrusion in

    a

    bid for

    votes.

    The

    whigs

    as

    well

    as

    favouring

    Moderatism

    had

    to

    take

    account

    of

    the

    Vol

    untaries,

    and Moderate

    whigs

    may

    have

    stressed

    Voluntary

    dis

    content

    in

    order

    to

    deter

    their

    party

    from

    conciliating

    non-intrusion.5

    Non-intrusionist

    whigs

    wrote

    bitterly

    of 'the

    policy

    of

    succumbing

    to

    the

    Voluntaries'

    and

    threatened

    to

    'support

    such

    as

    declare

    themselves for

    our

    cause,

    whether

    Whig

    or

    Tory'.6

    But the

    prospect

    of liberal

    non-intrusionists

    voting

    tory

    was

    inhibited

    by

    the

    fact

    that conservatives

    were

    just

    as

    reluctant

    to

    adopt

    non-intrusion.

    A

    compromise

    such

    as

    Aberdeen's bill

    was

    the

    only

    move

    which

    could

    win the

    agreement

    of

    many

    conservatives,

    and

    they

    did

    not

    think

    it

    necessary

    to

    their

    electoral

    prospects

    to

    go

    beyond

    this.

    Hope

    told

    Aberdeen

    of

    accounts

    from

    all

    parts

    of

    Scotland

    which

    agreed

    that

    'the

    Clergy

    will

    never

    succeed

    in

    making

    any

    of

    their

    questions

    tell in the

    smallest

    degree

    in

    election

    contests',

    and

    Aber

    i

    Hanna, Chalmers,

    iv,

    222.

    2

    AP,

    43205,

    fo.

    31,

    Hope

    to

    Aberdeen,

    30

    May

    1841;

    Hansard,

    lviii,

    1505.

    3

    CP,

    Argyll

    to

    Chalmers, 29

    May

    &

    4

    June

    1841.

    4

    Hansard,

    lviii,

    1506-7.

    5

    Sir

    James

    Gibson-Craig,

    a

    veteran

    Edinburgh

    whig

    and

    a

    Moderate,

    prophesied

    that

    unless dissenters

    were

    conciliated

    'at

    next

    election

    [they]

    will

    hold

    back,

    leaving

    the

    Whigs

    to

    be

    overwhelmed

    everywhere

    by

    the

    Tories',

    and

    warned

    that

    a

    non-intrusionist

    like Maule should

    not

    stand

    for

    Edinburgh

    'for

    the

    Dissenters would

    to

    a man

    vote

    against

    you' (DP,

    628,

    Gibson-Craig

    to

    Maule,

    8

    &

    16 Oct.

    1840

    &

    17

    May

    1841).

    6

    DP,

    658, Dunlop

    to

    Maule,

    15

    &

    19

    May 1841.

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    THE

    DISRUPTION

    AND

    BRITISH POLITICS

    35

    deen

    transmitted

    the

    news

    to

    Peel.1

    The

    policy

    of either

    party

    might

    have

    changed

    if

    there

    had

    been

    a

    strong

    non-intrusionist

    campaign

    amongst

    the

    electorate.

    But

    widespread

    organisation

    was

    lacking:

    the

    leading

    non-intrusionist

    newspaper,

    the

    Witness,

    contains

    nothing

    to

    show

    any

    co-ordinated

    activity,

    and

    non

    intrusionists

    complained

    that

    this lack

    placed

    them

    at

    a

    disad

    vantage.2

    Political

    organisation

    of

    the

    cause

    was

    likely

    to

    come

    only

    from

    ministers. Non-intrusion

    was

    basically

    a

    clerical

    movement

    and,

    except

    in

    parishes

    where

    there

    was

    much

    congregational antipathy

    to

    a

    presentee,

    the

    laity

    would

    usually

    act

    in

    response

    to

    ministerial

    influence rather than to other reasons. Non-intrusionist ministers

    may

    sometimes

    have inclined

    to

    non-spiritual

    considerations:

    in

    some

    Highland parishes

    where

    clearances

    had taken

    place

    the

    minister

    personified

    social

    as

    well

    as

    ecclesiastical

    antipathy

    to

    the

    landlord.

    But

    only

    if

    the minister

    gave

    a

    lead

    were

    many

    laymen

    likely