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"If they speak not according to this word, it is because there is no light in them."-Isaiah viii. 20.

No. 46.

JANUARY, 1844.

Vol. V.


POPISH TOLERATION AND the truth's sake-and pray, not only for : LIBERALITY

him, but for those who would more oppress


To the Right Honorable the EARL OP

ABERDEEN, Her Majesty's principal “Remember them that are in bonds."

Secretary of State for Foreign Affairs. Our readers will be prepared, by some “The following Statement of Facts conobservations in our December number, to nected with the case of Robert R. Kalley, hear further and with encreased interest, of M.D., a British subject, now imprisoned in the case of Dr. Kalley. We wish that we the common jail of Funchal by the Portucould communicate any such pleasing intel- guese authorities at Madeira, on the charge ligence, as that he is liberated. This, we of having committed the crime of blasphemy hope and trust, however, we may ere long and being an accomplice in those of heresy

and apostasy, is respectfully submitted by Meanwhile, it will be gratifying to know, the present deputation from the Protestant that public feeling is becoming more alive Association, accompanied by friends of Dr. to the subject, and that Her Majesty's go- Kalley. vernment are energetically directing their “Dr Kalley had for some time resided at attention to it.

Madeira, practising as a physician ; where Of these points we are enabled to speak he established and maintained, at his own the more satisfactorily, from having joined expense, an hospital for the sick poor, and the deputation which last Thursday was was much beloved and respected by the honored by an interview with the Earl of people, not only for his medical skill, but Aberdeen at the Foreign Office.

on account of his unwearied kindness and We give at length the statement of facts attention in administering to their various which was then submitted to him, prepared wants ; and about two years ago, he received and condensed from letters, other documents the public thanks of the municipal chamber and authentic intelligence, in our possession. of Funchal, for his disinterested benevolence How ought we who are free, to rejoice in and kindness to the poor.. our freedom ! to sympathise with an afflic. “Dr. Kalley had also manifested great ted brother-in bonds and tribulation for interest in the spiritual welfare of the inha

bitants, and had distributed various publica- Dr. Kalley was imprisoned, and from which tions amongst them, of a religious and moral the following extract is made :character.

«•I declare Dr. Robert R. Kalley, a “This course he pursued for some time, British subject, indicted, and suspected of not only without molestation, but receiving having committed the crime of blasphemy, actual encouragement; for the predecessor and of being an accomplice in those of of the present bishop applied to the govern- heresy and apostasy, prohibited and characment to grant free admission to 80 bibles, terised as crimes by the Ordonnance Book, for distribution amongst the Roman Catho- 5 Tit. 1 & 2, Decree of the 25th of March, lic clergy, of the same Romish edition as 1646, and Law of 12th June, 1769. Let those since circulated by Dr. Kalley. But the notary place his name on the criminal at length opposition arose-opposition the roll, and pass mandates for his imprisonless to have been expected, because Dr. ment, with denial of bail, declaring in them, Gomez had been warmly supported by the that the house of the indicted may be enlocal authorities and government at Lisbon, tered according to law, in the presence of in the adoption of a similar course. Some his counsel, and with the Secresy [or Secreof those who by reading the holy scriptures, tary] of Justice. (Signed) became less devoted to the doctrines and BERNARDO FRANCISCO LOBADO MACHADO. ceremonies of the Romish Church, were “ • Eastern Funchal, 11 July, 1843.' imprisoned for not conforming to the re “ Thus the provisions of 1646 and 1769 quirements of ecclesiastical discipline. appear to be set up in direct opposition to the

“Dr. Kalley himself was threatened.— provisions of the treaty between Her Majesty Legal proceedings were resorted to; but it the Queen of Great Britain and the Queen did not appear that he had placed himself of Portugal; signed at Lisbon, 3rd of July, in the power of his persecutors by the in- 1842: the 1st article of which contains the fringement of any law or any treaty regula- following important provisions :ting the intercourse between the subjects of “ The subjects of each of the high conGreat Britain and those of the crown of Por- tracting parties shall also, within the domitugal. Notwithstanding this however the civil nions of the other, be allowed the free use authorities of Funchal proceeded to annoy and exercise of their religion, without being Dr. Kalley by every means in their power; in any manner disturbed on account of their forbidding his friends and patients to enter religious opinions : they shall be allowed to his house; surrounding it by police, who assemble together for the purposes of pubmade use of intimidating and insulting lan- lic worship, and to celebrate the rites of guage to Dr. Kalley, his family and friends. their own religion in their own dwelling

As long ago as the 31st of March, 1843, houses, or in the chapels or places of worSr. Dr. Coelho, Substitute British Judge, ship appointed for that purpose, without the after the examination of thirty-nine wits smallest hindrance or interruption whatever, nesses, decided that Dr. Kalley could not either now or hereafter: And Her Most be indicted ; and from his decision the fol- Faithful Majesty does now and for ever gralowing extract is made:

ciously grant to the subjects of Her Britan". There being amongst us no law which nic Majesty permission to build and mainpunishes this species of crime, as one of our tain such chapels and places of worship most respectable writers on jurisprudence, within her dominions. It being always Molto Frere, recognises in his Institution of understood that the said chapels and places Criminal Rights, Tit. 2, s. 12, I cannot as of worship are not to have steeples and a Judge, bound merely to apply the law, bells. consider the accusation against Dr. Kalley “Indeed, the constitutional charter of relevant, especially taking into consideration Portugal itself declares, art. 145, "That no what is provided by the first article of the one shall be persecuted for motives of relitreaty of 1842, according to which, no sub- gion, provided he respect that of the State.' ject of the two nations is in any manner to But there being no law to define what is be incommoded on account of his religious meant by respecting the state religion, and opinions : other means must be adopted not thinking it sufficient to trust to the which are beyond the limits of judicial present liberal government, Great Britain power. (Signed) COELHO é Sousa. has secured to her subjects by treaty the to Western Funchal, 31st March, 1843, free use and exercise of their religion in

“On the 5th of July, 1843, this was their own houses. annulled by Sr. Machado, Juiz Ordinario, “On the 12th August, 1843, Dr. Negrão, who, on the 11th of the same month, madé Judge of Rights, and British Judge Conserthe decision upon the authority of which vator, declared the above Juiz Ordinario in

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competent to act in criminal cases, reformed jail, absolutely without any legal sentence the decision which gave sentence against two against me--for the sentence of a Juiz OrPortuguese subjects, held them discharged, dinario, in the case of a British subject, has and condemned the Juiz Ordinario to pay no more legal authority than the sentence the costs for having occasioned the nullity. of the session clerk of a parish would have Thus, though the Juiz Ordinario has been in Scotland. It has none even in the case legally declared incompetent, in the case of of a Portuguese subject; and I am confiPortuguese subjects, yet his sentence is dent, that throughout the Portuguese domimade to operate in the case of a British nions, there is not at present any individual subject, for it was on the decision of that in prison on the sentence of a Juiz Ordinalegally declared incompetent authority, rio, except one, and he is a British subject ! countersigned by Dr. Coelho, that Dr. whose only crime, nay, whose only accusaKalley was apprehended and has been con- tion is, that he has exercised his religion in fined for more than four months in the com- his own house; and which by treaty it is mon prison at Funchal; and in a letter conceded, that British subjects may be Proaddressed to the Earl of Aberdeen on the testant in their own houses and chapels.' 26th of October, Dr. Kalley states that the “In the course of his correspondence with other appeals against the acts of the Juiz friends in England upon this subject, Dr. Ordinario in the absence of the Judge of Kalley has stated (see letter 3rd July) that Right, were allowed as in the case above there seems to prevail amongst the Portureferred to, and that his appeal alone, was guese authorities here (i. e. Madeira) an sent to Lisbon, evidently on purpose, as it idea that the British government is not only seemed to him, to prolong his vexatious indifferent to religion, but opposed to it, imprisonment.

and that it would rather wish its subjects to * But Dr. Kalley still remained in prison, have no religion in foreign parts; and this and on the 30th of October, therefore, he seems to be what emboldens them to adopt petitioned Dr. Coelho, Judge of Rights, such unconstitutional and illegal measures and substitute British Judge Conservator, as they have done against me.' to be liberated on bail, who on the same “And again :- What we would earnestly day pronounced his judgment, from which desire is, that any prejudicial influence the following is extracted :

might be averted from Lord Aberdeen, and "As the penalties pronounced against that the truth might be so recommended to heretics and blasphemers by our laws can- him, as that he would not in way sanction, not be applied to the Petitioner, because he or appear to sanction, the illegal intentions is not of the same religious communion ;- of the Romish party against me ; and if, on and as, even in the case of his being guilty, the other hand, he would state firmly, with no other than an arbitrary punishment can reference to this business, that the British be imposed on him, which can never exceed government would never suffer any infraction five years' banishment, there is room for of the treaty, which forbids any of her unofbail, which I fix at the sum of 100 dollars, fending citizens to be persecuted on account and I order that his bail be received, making of the exercise of his religion within the prethe proper bond. (Signed) COELHO é SOUSA. cincts of his own house, there is reason to hope " Funchal Occidental, 30th Oct. 1843. that the whole of the present opposition and

“The Notary being required to prepare disturbance would at once be quashed.' the bail bond, refused in the following “Dr. Kalley further thus proceeds:- If terms :

our friends in England would use their “. Most Illustrious Judge of Rights, it influence with his Iordship, to ensure such appears to me, that there is no room for the a reply to the present representations, sent bail required, seeing that the Petitioner to him, we feel that it would in a most imappealed from the sentence which denied portant way serve the cause of truth. him bail; but you will order what you think". In a civil point of view, the case is a right.

strong one. I have taken a long lease of a "(Signed) 'Paulo Emilio D’ORNELLAS. house, and made arrangements for a perma".Funchal Oriental, 30th Oct. 1843.' nent residence have entered on a deeply

"Dr. Negrâo, the British Judge Conser- interesting field of practice, as a physician, vator, having resumed his duties, Dr. Coelho and been engaged in it for three years. ceased to act. No second order has been There can be no doubt, that the greater made to the Notary, and Dr. Kalley still part of the opposition raised to me has been remains in prison.

the work of medical men, who, under the “On the 3rd of October, Dr. Kalley thus cloak of religion, have tried to drive away writes :- I have now been ten weeks in one of their profession on whom they look

with jealousy. If England consent to have impression, that the British government is her sons made the victims of such feelings, indifferent to religion and the rights of its under that cloak, it will soon become availa- subjects abroad. ble against any who may become the objects « 2. To indemnify Dr. Kalley for his of jealousy in any profession.'

severe losses, privations, and sufferings. - Thus it appears by documents from “3. To assure the Portuguese authorities, which the above are extracts-the originals and other powers within whose dominions or copies of most of them having been British subjects may be visiting or residing, already forwarded to the Foreign Office whether for purposes of traffic or pleasure,

"1. That the charge against Dr. Kalley or for the benefit of their health, that they failed; the Judge himself declaring there are not to be illegally oppressed or persewas no law amongst them which punished cuted by them for professing and exercising the species of crime imputed to hins,

the Protestant religion, and yet remain des2. That his imprisonment in the com- titute of the protection of their native gomon jail was in its origin illegal, because vernment; but that the same full liberty he was convicted of no crime, nor accused which foreigners of every persuasion and of any offence, for which, in his case such country enjoy in Great Britain, without punishment could be inflicted.

regard of sect, or creed, or politics, is the “3. That his incarceration was moreover sacred and undoubted right of British subin gross and flagrant violation of the provi. jects, conforming to the laws of those counsions of the late treaty made between Her tries in which they may reside; and that whilst Majesty and the Queen of Portugal. Great Britain provides that the rights of

4. That his continued detention, note foreigners and the treaties with other nations withstanding the remonstrance sent out are respected by her, she will also provide from the Foreign Office, is a yet greater that the liberties, the religion, and reputastretch of arbitrary power-an insult to the tion of her own subjects, shall be protected British government and people-a flagrant and held sacred throughout the gobe.” violation of the treaty-contrary to the law The substance of the Earl of Aberdeen's of nations, and the friendly intercourse reply was-That there existed no indifference which ought to exist between powers at at all at the Foreign Office upon the subpeace with one another.

ject;—That he had some time since for"5. That such detention is not only warded to Lisbon directions requiring the illegal, but a yet greater hardship and liberation of Dr. Kalley on bail, as in any cruelty than his imprisonment; injuring case he was entitled to a fair trial ;--And him in his practice-impairing his health that, finding there had been some very imdamaging his reputation - and inflicting proper delay somewhere, in consequence of continued punishment, where no crime has which, the directions from the Foreign been committed.

Office had not been complied with, he had “6. That the opposition and hostility sent out by the last mail, demanding the recently evinced to Dr. Kalley may be in dismisssal of any official who had interfered great part referred to the intrigues of those to deprive his directions of their full operawho are professionally opposed to him. tion and effect in procuring the liberation

«7. That the Portuguese authorities at of Dr. Kalley. Madeira, seem to think themselves justified Since writing the above, another letter and encouraged in such maltreatment of a from the Foreign Office has been received, British subject, and such notorious violation communicating the fact that “The Court of of the treaty, by an erroneous opinion pre- Relaçâs at Lisbon, has pronounced a decivailing amongst them, that the British sion in favor of Dr. Kalley, by virtue of government is comparatively indifferent which that gentleman will have been libeabout the matter. .

rated on Bail.” " The Deputation have therefore respectfully to request information as to what remonstrances may already have been made

LORENZO TORPY. to the Portuguese authorities by Her Ma. We have much pleasure in giving inserjesty's government, and what answers may tion to the following letter from the Rector have been returned to such remonstrances ? of Ballingary, Limerick, on the subject of

“The Deputation are also further desirous a monk leaving the Church of Rome. of knowing what more can and will be done

“Glebe, Ballingary, Nov. 7, 1843. "1. To procure the liberation of Dr. “My dear Friend,-A few days after we Kalley, and to remove from the minds of had the pleasure of seeing you, the young the Portuguese authorities the erroneous man of whom I had been speaking to you came to us. His case is painfully interest. cle, he has literally become, not only the ing. Lorenzo Torpy was formerly a monk outcast, but the object of their most deadly in the Presentation Convent, Cork, where hatred. About nine months since his father he acquitted himself much to the satisfaction drove him from his house, scarcely recovered of his Superior and brethren ; but his health from a fever, induced from spiritual anxiety became impaired by the secluded life, and and the cruel treatment of his natural prohe was permitted to visit his family in Mayo tector. I sent him to Cork then, and had for his health. On his return, he passed him prepared to enter Trinity College, for through this neighbourhood, and by chance which he is now ready; but I confess, dear met Mr. Lloyd, of Beechmont, on that friend, I have not the means to pay his engentleman's demesne, who pleased with his trance fees, and the other incidental expenses conversation, invited him to dinner. Mr. attending an academic education. His chaLloyd that evening was to attend a Lecture racter is unsullied, even by the admission of I was to preach, in the School-room of the his enemies, and I trust he may yet be estate, and he persuaded the monk to ac- enabled (if Christian brethren will sympa. company him. My text was from Numbers, thise with him) to preach in his native "the lifting up of the brazen serpent”- tongue that faith which he once destroyed. drawing the sinner to Christ; and I took He should enter early in the next term, so advantage of the opportunity to descant on that anything I may be able to do in the the leading points of difference between our poor fellow's behalf must be done quickly. Church and that of Rome, enlarging upon I know well the generous feelings of our the more flagrant errors of Popery,-in a English brethren towards Ireland : could I word, poor Torpy from that instant felt the enlist their feelings in this matter, I have power of the gospel in its freedom and ful- not the slightest hesitation in saying that ness, and became thenceforward a close a great moral good will be effected and have searcher of the word of God. The fear of a wider influence than individual tendency. God triumphed, but the conflict was indeed I know that several persons have their minds terrible for flesh and blood. He is a young disturbed on the doctrine of Rome, who, if man, the eldest son of a respectable miller, they were sure of protection from persecuworth 2001. a-year; his character unblemish- tion, would boldly come out; and such ed, and his society beloved by all his Romish conversions among monks have startling friends and acquaintance. To leave Rome un- impressions. Let us not despise the day of der ordinary circumstances, would have been small things. Luther is poetically described to him a matter of great difficulty ; but to as the Solitary Monk that shook the world. turn right round, and in the face of affec- Oh! Sir, we want a stir among such dry tionate parents and brethren, to repudiate tones in our distracted land, and I pray God the church of Rome, was painful indeed.- that He may prepare hearts to feel for To raise his voice against the monastic in- those struggling for liberty of conscience, stitution, and build on their ruins the sim- amidst the terrible darkness which here plicity of the Gospel of Christ, he felt a surrounds us. Believe me, my dear friend, duty so clashing with former associations, “ever faithfully yours, GEORGE GUBBINS. that, from being the beloved one of his cira " To W. H. Cooke, Esq. Temple, London.”

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