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as an illustration of the mischief done to genuine Catholics and Catholicism . The sting goes home to the heart of the Cardinal , raises the anger that was there hefore the benediction ; the conscience-striken dignitary thinks , by his feelings , that he knows the author of the charge as he knew the author of the wrong ; and straightway , smarting under a censure upon himself , he publishes , through the Roman Catholic journals of France and England , a studied libel upon the humbled and obscure Mr . Boyle .
Of course the Ultramontane party would consider that Mr . Boyle , being under censure of a Cardinal , is ipso facto in sin , and should be tabooed ; should , at all events , not be allowed to appear contumaciously before his superior in a court of law . Is it not like bringing an action against St . Peter ; putting as it were St . Michael at the bar ? Nevertheless , the occurrence is a fact . The particular trial failed for want of technical proof that the Cardinal was the author . He was
brought into court , but by favour of a judicial scruple , he was let oiF . The plea was curious : the form of the action was civil , but the judge considered that in spirit it was a criminal proceeding , and lie permitted the Cardinal , who was present , to resist the summons as a witness , since the evidence would manifestly " criminate himself . " The Cardinal took advantage of that extra-judicial permission , and thus virtually , by sheltering himself under the plea that his evidence would manifestly criminate himself , he confessed the authorship . The case broke down for want of evidence On the point of authorship , although the testimony advanced in court left no moral doubt about it . It is not
only on legal grounds that we may be surprised at the extraordinary indulgence granted by the Chief Baron—the special licence of a criminal plea in a civil action . " We have before had great defendants in actions for libel ; and everybody can remember the case in which the Times figured by its late publisher , Mr . Lawson . In such a case , however , a defendant conscious of his own dignity does not deny the statement which he has made , but-manfully avows it , and places the defence on some other ground . It was evidently open to the Cardinal to do so . We are far from supposing that the other
side was free from all blame . A priest who resists any new arrangements for the benefit of the Church , on the score that his own pecuniary emoluments are injured can claim comparatively small sympathy , still less a priest who appeals from the injustice of his superior officer to Protestant sympathisers hostile to hia Church . Cardinal Wiseman might have come forward in court , and have declared manfully that the letter was his , but that the court had no jurisdiction , lie might have said : " I have uttored no libel against Boyle which is within tho purview of the court ; I have not libellod him as a citizen
and a man ; I havo censured him only aa m }' subordinate , for offences within our own Glvurch , and in matters entirely within my own jurisdiction . " "Wo are not suro that that plea would have been less valid ; wo are suro that it would liuvo boon infinitely xnoio dignified . The Cardinal , however , places his defence on such a ground that ; by hia plea of evasion ho confesses himself to havo infringed the criminal law of tins country . Ilo escapes punishment only because- he Bnoaks ofF out of sight of tho oyo of tho law ; for Cardinals can bo punished in Groat Britain if they m , J " » » nd there ia not a priest in tho w 10 o Church that cannot secure to hiniHcli all tho civil right of a citisson . ft pi vIf
^ v ^ ¦ a i ^ — r * ) Una must bo nowa to many countries . It does , however , only point out that state ol civil rights towards which one territory in Italy ib rapidly advancing , and to attain
which a large party in , the Roman Church is gradually "but steadily exerting itself . As Cardinals are in England , so they will be at no distant date throughout the Piedmontese territories ; so they will , some day , throughout Italy . The essential tenets of the Church are not here in question ; there is as much truth in it—there is the same fundamental
truth , that there is in the Protestant Church , whose members specially arrogate to themselves that which they deny to everybody else—the " right of private judgment . " And the true Catlfolic party , whether in the Roman or in the English Church , knows that the broad truth of religion is not incompatible with any other truth ; certainly not with the growth of knowledge and of liberty .
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THE PATERNAL GOVERNMENT . The Coalition Government is getting a principle at lasfc—its principle is kindness . It . is out of pure consideration for the feelings of the Emperor of Russia that the war is such a dilatory and delicate war ; and the same sort of amiability is creeping into every operation of our Government . Lord Palmerston liberated Mr . Jeremiah Smith , not because he was found to have been wrongfully imprisoned—which is a question—but because his health was
suffering from confinement , Mr . Gladstone was less humiliated for the public service by the Lawley affair than he was pained lest Mr . ILawley ' s career should be cut short ; and this benevolent sentiment , expressed in the House , he has hastened to carry out in the recess , by re-appointing that reckless and maimed young gentleman as private secretary to the Chancellor of the Exchequerprivate secretaries , be it remarked , being paid out of the public money . Gur Government is a paternal
Government : and its assumption of that character is the consequence of the people having abnegated their pretensions to self-government . A paternal Government considers no matter too petty for its attention—just as a father is anxious , from the curriculum to the toothbrush . Our Government in its Bribery Bill shakes its head in deprecation of banners , music , and wands—our Government in the Beer Bill requests its good public never to be out later than 11 o ' clock at night—our
Government acts for the unprotected female , breaking the hearts of cab-drivers . — our Government takes tho investigation as to the best sorts of printing machinery off the hands of capitalists in the trade ; and it is understood the Government is appointing a commission to inquire into the excellence of various anonymous cures for cholera , ns they aro propounded from day to day through tho newspapers . All the recent scandals maybe traced to the
kindness of disposition in this and that Ministry " : —the Duke of Newcastle having got \\ n ~ popular out of sheer good nature to wauvais sujets . The Cabinet allowod the Reform Bill to be introduced merely because they didn't like to gh'e pain to Lord J . llussell . And , an withdrawing his bill , Lord John did not feel ludicrous in crying , because ho know his colleagues wcro so " " keyind . " Mr . Strutt was so much influenced by tho general suavity
around him that he only smiled when ho was kicked out ; and a cm-ess brought back Mr . Bainea , though Mr . Baineshnd been insulted . Sir B . Hall , taking Marylebono into hia confidenco respecting fits arrangements , only thought it ; noeoaanry to ox proas his sense ol the " kindness" of Lord Aberdeen in giving him so good an appointment ; . It waa out oi pure honhomviui aim ailbctionntenosa of nature that tho-wholo Cabinet wont on Monday to tho fdito at Albort Gate House , Sir J . Graham , exuberantly good-natured there , drinking to
the health and long life of the man whom some time ago he pointed out to the English people as a bloodthirsty ruffian and a brutal despot . In fact , it was out of a general feeling of kindness that the Coalition was got together . Parliament catches the spirit of good fellowship towards one another , and of paternal feeling towards the people ; and the result is that meddlesome political wisdom now being eliminated in over legislation . Thus , with war raging and rottenness and anarchy in our political and social system , our great principles of Government continue to be—peace and charity .
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THE ANTI-MOLOCH MOVEMENT . The recent " exceptional cases" hare produced their result an anti-Moloch movement . " We find the following report of a characteristically imbecile debate at the Marylebone Vestry : — The Disgraceful Houses in Ne-wmajt-street and Sr . John ' s-wood . —On Saturday , at the meeting of the Marylebone vestry , the chairman Baid he hoped the gentlemen who represented the St . John'swood district would have an eye on an establishment in the Grove-end-road , which , had been , exposed during the week id the public press . Mr . Soden said he wished to put a question , which would perhaps
equally apply to the St . John ' s-wood den as to another place . The public attention had been called through the medium of the press to a disgraceful establishment in Newman-street and he was happy to find that the proprietor had been committed to gaol , but what he wanted to know was , what steps had been taken by the parish solicitor in reference to the indictment of the parties for keeping the vile establishment in question ? Mr . Greenwell , the vestry clerk , said that since the original proceedings had been taken , the infamous house in Newman-street had changed hands , and the constable at Maidstone ,
where the original proprietor had been committed to prison by the judge on his own confession , that the house was a brothel , had been bound over to prosecute ; tut he , as they had discovered , only intended to prefer a bill of indictment , and then leave the matter . The solicitor for the parish of Marylebone , Mr . Randall , having made inquiries , was prepared to indict the parties , and to produce evidence and witnesses , so as to secure their conviction ; and he believed that the . case would be pressed to trial next Monday week . Mr . Broughton , the magistrate , and other gentlemen , expressed their gratification at such proceedings being taken , and the subject dropped .
Why did they express their gratification afc such proceedings being taken ? Chief Baron Pollock mentioned bis disgust , the other day , when the case of the French girl , who sued her landlord for the balance of wages , was forced on his delicate attention ; and the Chief Karon , a happy representative of the English " family man , " merely expressed a general public feeling among the respectable classes , in reference to such matters . ' Society" has made up its mind that the crimo is
not in public prostitution but in talking about it—in not keeping it out of sight ; and the Chief Baron , a responsible judge , fully believed that the interests of society would best be consulted hy allowing French girls to be cheated , and excluding them from a public court . Now , do the Marylebono vestry differ from the Chief Baron ? X > o they intend to force the evil on public attention for the puhlic ' s good ?
Tho Marylebono vestry mean nothing of l ; ho kind . . They mean fussily to take advantage of the cry of a moment , to mako a fow victims within thoir jurisdiction—and they will then leiivo tho crimo to go on as usual . Will tho " public disgust" bo satialiod with this ? "Will not tho public instinct bo , that tho Marylebone You try aliouM bo a little .- ^^ .. ^ ~ .. '„ i : ii . i .. i ,, aJ V ! i ! i'iwuia ? Anli-lWolodi little lossVirtuous ? AnU- Moloch
more , or a , legislation hns always biMin regimlcxl , more particularly by tho law makers , an an abaurdity ; but ilic ' ro is ono thing more absurdand that is tho partial application of that legislation . It' tho vestry , who arc so active about sowers , and aro patriotically and frantically happy that thoir member is to bo Miuiater of Health , will undertake tho moral
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August 19 , 1854 . ] THE LEADER . 781
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Citation
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Leader (1850-1860), Aug. 19, 1854, page 781, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct2052/page/13/
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