It is not probable that the Duke was greatly influenced by the first, or what may be called the constitutional, objection-that any concert with the Papal Court with respect to the appointments or endowments of its clergy would be a violation of the act which prohibited any intercourse with Rome. The removal of the disabilities required the repeal of one act of Parliament; and, if the holding communications with Rome on the subject of clerical appointments should be so construed as to require the repeal of another, it would hardly seem that there could be any greater violation of or departure from the principles of the constitution in repealing two acts than in repealing one. As to the second of Peel's objections, the English Dissenters could not possibly be said to stand on the same ground as the Irish Roman Catholics, since their ministers had certainly never been deprived by any act of the state of any provision which they had previously enjoyed; but their position as unendowed ministers was clearly one of their own making. The possible inferiority in point of emolument of some of the Protestant cures in Ireland to that which might be enjoyed by some of the Roman Catholic clergy could hardly be regarded as the foundation of any argument at all, since no law had ever undertaken, or ever could undertake, to give at all times and under all circumstances equal remuneration to equal labors. But the consideration last suggested was exactly the one to influence such a mind as that of the Duke of Wellington, generally contented to deal with a present difficulty. He was determined to carry Emancipation, because he saw that the Clare election had made it impossible to withhold or even to delay it; and, being so determined, he was desirous to avoid encumbering it with any addition which might increase the opposition to it. At the same time he was far from being sanguine of its effect, "with whatever guards or securities it might be accompanied, to pacify the country or to avert rebellion,"[212] which, in his apprehension, was undoubtedly impending; and, under the influence of these combined feelings, he eventually withdrew that clause from the bill. It was accompanied by another bill, disfranchising the forty-shilling freeholders in Ireland. They were a class of voters sunk in the deepest poverty, and such as certainly could not well be supposed capable of forming, much less of exercising, an independent judgment on political matters. Yet this bill is remarkable as having been the only enactment passed since the Revolution to narrow the franchise. It had no opposition to anticipate from English or Scotch members, and was accepted by the Irish members as the price of Emancipation.
No measure that had ever been framed since the Revolution had caused such excitement in the country; but the preponderance of feeling in its favor was equally marked in both Houses of Parliament. In the House of Commons 320 supported it, while only 142 could be marshalled against it. In the House of Lords 213 divided for it against 109. And in April it received the royal assent.
The general policy of removing the disabilities it is not necessary to discuss here. It is quite clear that the Clare election had rendered it impossible to maintain them. And if some of those who judge of measures solely by their effects still denounce this act, as one which has failed in its object of tranquillizing Ireland, many of those who admit the failure ascribe it to the omission to accompany it by one securing a state endowment for the Roman Catholic clergy, pronouncing it, without that appendage, a half measure, such as rarely succeeds, and never deserves success. However that may be, it is certain that the measure, coupled with the repeal of the Test Act of the previous year, was one which made a great and permanent change in the practical working of the constitution of the kingdom, as it had been interpreted for the last one hundred and fifty years. Of that constitution one of the leading features, ever since the Restoration, had been understood to be the establishment and maintenance of the political as well as the ecclesiastical ascendency of the Church of England. On that ascendency the repeal of the Test Act in 1828 had made the first, and that a great, inroad, and the present statute entirely abolished it as a principle of government. So far as political privileges went, every Christian sect was now placed on a footing of complete equality. But so to place them may fairly be regarded as having been required not only by justice and expediency, but by reasons drawn from the history of the nation and from the circumstances under which these disabilities had been imposed. Before the Rebellion no one was excluded from the English Parliament on account of his religion, whether he was a Roman Catholic, a Presbyterian, or a member of any other of the various sects which were gradually arising in the country. It was not till after the Restoration that a recollection of the crimes of the Puritans, when they had got the upper-hand, and the fear of machinations and intrigues, incompatible with the freedom and independence of the people, which were imputed to the Roman Catholics, gave birth to the statutes depriving both Protestant and Roman Catholic Non-conformists of all legislative and political power. The restrictions thus imposed on the Presbyterians and other Protestant sects had, as we have seen, been gradually relaxed by a periodical act of indemnity. Indeed, after the Union with Scotland, it was impossible with any show of consistency to maintain them, since, as it has been already pointed out, after Presbyterianism had been recognized as the established religion of Scotland, it would have seemed strangely unreasonable to regard it as a disqualification on the southern side of the Border. But, as long as the Stuart princes were from time to time disquieting the government by their open invasions or secret intrigues, no such relaxation could with safety be granted to the Roman Catholics, since it could hardly be expected that they would forbear to employ any power which they might acquire for the service of a prince of their own religion. That danger, however, which ever since 1745 had been a very shadowy one, had wholly passed away with the life of the last Stuart lay prince, Charles Edward; and his death left the rulers of the kingdom and advisers of the sovereign free to take a different and larger view of their duty to the nation as a whole.