"If they speak not according to this word, it is because there is no light in them."-Isaiah viii. 20. POPISH TOLERATION AND DISPLAYED IN THE CONTINUED PERSECU- "Remember them that are in bonds." OUR readers will be prepared, by some observations in our December number, to hear further and with encreased interest, of the case of Dr. Kalley. We wish that we could communicate any such pleasing intelligence, as that he is liberated. This, we hope and trust, however, we may ere long do. Meanwhile, it will be gratifying to know, that public feeling is becoming more alive to the subject, and that Her Majesty's government are energetically directing their attention to it. Of these points we are enabled to speak the more satisfactorily, from having joined the deputation which last Thursday was honored by an interview with the Earl of Aberdeen at the Foreign Office. We give at length the statement of facts which was then submitted to him, prepared and condensed from letters, other documents and authentic intelligence, in our possession. How ought we who are free, to rejoice in our freedom! to sympathise with an afflicted brother-in bonds and tribulation for VOL. V. the truth's sake-and pray, not only for him, but for those who would more oppress and persecute him. "To the Right Honorable the EARL OF ABERDEEN, Her Majesty's principal Secretary of State for Foreign Affairs. "The following Statement of Facts connected with the case of Robert R. Kalley, M.D., a British subject, now imprisoned in the common jail of Funchal by the Portuguese authorities at Madeira, on the charge of having committed the crime of blasphemy and being an accomplice in those of heresy and apostasy, is respectfully submitted by the present deputation from the Protestant Association, accompanied by friends of Dr. Kalley. "Dr Kalley had for some time resided at Madeira, practising as a physician; where he established and maintained, at his own expense, an hospital for the sick poor, and was much beloved and respected by the people, not only for his medical skill, but on account of his unwearied kindness and attention in administering to their various wants; and about two years ago, he received the public thanks of the municipal chamber of Funchal, for his disinterested benevolence and kindness to the poor. "Dr. Kalley had also manifested great interest in the spiritual welfare of the inha bitants, and had distributed various publications amongst them, of a religious and moral character. "This course he pursued for some time, not only without molestation, but receiving actual encouragement; for the predecessor of the present bishop applied to the government to grant free admission to 80 bibles, for distribution amongst the Roman Catholic clergy, of the same Romish edition as those since circulated by Dr. Kalley. But at length opposition arose-opposition the less to have been expected, because Dr. Gomez had been warmly supported by the local authorities and government at Lisbon, in the adoption of a similar course. Some of those who by reading the holy scriptures, became less devoted to the doctrines and ceremonies of the Romish Church, were imprisoned for not conforming to the requirements of ecclesiastical discipline. "Dr. Kalley himself was threatened.Legal proceedings were resorted to; but it did not appear that he had placed himself in the power of his persecutors by the infringement of any law or any treaty regulating the intercourse between the subjects of Great Britain and those of the crown of Portugal. Notwithstanding this however the civil authorities of Funchal proceeded to annoy Dr. Kalley by every means in their power; forbidding his friends and patients to enter his house; surrounding it by police, who made use of intimidating and insulting language to Dr. Kalley, his family and friends. "As long ago as the 31st of March, 1843, Sr. Dr. Coelho, Substitute British Judge, after the examination of thirty-nine witnesses, decided that Dr. Kalley could not be indicted; and from his decision the following extract is made: "There being amongst us no law which punishes this species of crime, as one of our most respectable writers on jurisprudence, Molto Frere, recognises in his Institution of Criminal Rights, Tit. 2, s. 12, I cannot as a Judge, bound merely to apply the law, consider the accusation against Dr. Kalley relevant, especially taking into consideration what is provided by the first article of the treaty of 1842, according to which, no subject of the two nations is in any manner to be incommoded on account of his religious opinions other means must be adopted which are beyond the limits of judicial power. (Signed) COELHO é SOUSA. "Western Funchal, 31st March, 1843.' "On the 5th of July, 1843, this was annulled by Sr. Machado, Juiz Ordinario, who, on the 11th of the same month, made the decision upon the authority of which Dr. Kalley was imprisoned, and from which the following extract is made: "I declare Dr. Robert R. Kalley, a British subject, indicted, and suspected of having committed the crime of blasphemy, and of being an accomplice in those of heresy and apostasy, prohibited and characterised as crimes by the Ordonnance Book, 5 Tit. 1 & 2, Decree of the 25th of March, 1646, and Law of 12th June, 1769. Let the notary place his name on the criminal roll, and pass mandates for his imprisonment, with denial of bail, declaring in them, that the house of the indicted may be entered according to law, in the presence of his counsel, and with the Secresy [or Secretary] of Justice. (Signed) BERNARDO FRANCISCO LOBADO MACHADO. "Eastern Funchal, 11 July, 1843.' "Thus the provisions of 1646 and 1769 appear to be set up in direct opposition to the provisions of the treaty between Her Majesty the Queen of Great Britain and the Queen of Portugal; signed at Lisbon, 3rd of July, 1842: the 1st article of which contains the following important provisions : "The subjects of each of the high contracting parties shall also, within the dominions of the other, be allowed the free use and exercise of their religion, without being in any manner disturbed on account of their religious opinions: they shall be allowed to assemble together for the purposes of public worship, and to celebrate the rites of their own religion in their own dwelling houses, or in the chapels or places of worship appointed for that purpose, without the smallest hindrance or interruption whatever, either now or hereafter: And Her Most Faithful Majesty does now and for ever graciously grant to the subjects of Her Britannic Majesty permission to build and maintain such chapels and places of worship within her dominions. It being always understood that the said chapels and places of worship are not to have steeples and bells.' "Indeed, the constitutional charter of Portugal itself declares, art. 145, 'That no one shall be persecuted for motives of religion, provided he respect that of the State.' But there being no law to define what is meant by respecting the state religion, and not thinking it sufficient to trust to the present liberal government, Great Britain has secured to her subjects by treaty the free use and exercise of their religion in their own houses. "On the 12th August, 1843, Dr. Negrão, Judge of Rights, and British Judge Conservator, declared the above Juiz Ordinario in 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 other appeals against the acts of the Juiz Ordinario in the absence of the Judge of Right, were allowed as in the case above referred to, and that his appeal alone, was sent to Lisbon, evidently on purpose, as it seemed to him, to prolong his vexatious imprisonment. "But Dr. Kalley still remained in prison, and on the 30th of October, therefore, he petitioned Dr. Coelho, Judge of Rights, and substitute British Judge Conservator, to be liberated on bail, who on the same day pronounced his judgment, from which the following is extracted: As the penalties pronounced against heretics and blasphemers by our laws cannot be applied to the Petitioner, because he is not of the same religious communion; and as, even in the case of his being guilty, no other than an arbitrary punishment can be imposed on him, which can never exceed five years' banishment, there is room for bail, which I fix at the sum of 100 dollars, and I order that his bail be received, making the proper bond. (Signed) COELHO é SOUSA. "Funchal Occidental, 30th Oct. 1843.' "The Notary being required to prepare the bail bond, refused in the following terms: "Most Illustrious Judge of Rights, it appears to me, that there is no room for the bail required, seeing that the Petitioner appealed from the sentence which denied him bail; but you will order what you think right. "In the course of his correspondence with friends in England upon this subject, Dr. Kalley has stated (see letter 3rd July) that there seems to prevail amongst the Portuguese authorities here (i. e. Madeira) an idea that the British government is not only indifferent to religion, but opposed to it, and that it would rather wish its subjects to have no religion in foreign parts; and this seems to be what emboldens them to adopt such unconstitutional and illegal measures as they have done against me.' "And again :-'What we would earnestly desire is, that any prejudicial influence might be averted from Lord Aberdeen, and that the truth might be so recommended to him, as that he would not in way sanction, or appear to sanction, the illegal intentions of the Romish party against me; and if, on the other hand, he would state firmly, with reference to this business, that the British government would never suffer any infraction of the treaty, which forbids any of her unoffending citizens to be persecuted on account of the exercise of his religion within the precincts of his own house, there is reason to hope that the whole of the present opposition and disturbance would at once be quashed.' "Dr. Kalley further thus proceeds :-' If our friends in England would use their influence with his lordship, to ensure such a reply to the present representations, sent to him, we feel that it would in a most important way serve the cause of truth. "In a civil point of view, the case is a strong one. I have taken a long lease of a house, and made arrangements for a permanent residence- have entered on a deeply interesting field of practice, as a physician, and been engaged in it for three years.There can be no doubt, that the greater part of the opposition raised to me has been the work of medical men, who, under the cloak of religion, have tried to drive away one of their profession on whom they look with jealousy. If England consent to have her sons made the victims of such feelings, under that cloak, it will soon become available against any who may become the objects of jealousy in any profession.' "Thus it appears by documents from which the above are extracts the originals or copies of most of them having been already forwarded to the Foreign Office"1. That the charge against Dr. Kalley failed; the Judge himself declaring there was no law amongst them which punished the species of crime imputed to hini. "2. That his imprisonment in the common jail was in its origin illegal, because he was convicted of no crime, nor accused of any offence, for which, in his case such punishment could be inflicted. "3. That his incarceration was moreover in gross and flagrant violation of the provisions of the late treaty made between Her Majesty and the Queen of Portugal. 4. That his continued detention, notwithstanding the remonstrance sent out from the Foreign Office, is a yet greater stretch of arbitrary power-an insult to the British government and people-a flagrant violation of the treaty-contrary to the law of nations, and the friendly intercourse which ought to exist between powers at peace with one another. impression, that the British government is indifferent to religion and the rights of its subjects abroad. 2. To indemnify Dr. Kalley for his severe losses, privations, and sufferings. "3. To assure the Portuguese authorities, and other powers within whose dominions British subjects may be visiting or residing, whether for purposes of traffic or pleasure, or for the benefit of their health, that they are not to be illegally oppressed or persecuted by them for professing and exercising the Protestant religion, and yet remain destitute of the protection of their native government; but that the same full liberty which foreigners of every persuasion and country enjoy in Great Britain, without regard of sect, or creed, or politics, is the sacred and undoubted right of British subjects, conforming to the laws of those countries in which they may reside; and that whilst Great Britain provides that the rights of foreigners and the treaties with other nations are respected by her, she will also provide that the liberties, the religion, and reputation of her own subjects, shall be protected and held sacred throughout the gobe." The substance of the Earl of Aberdeen's reply was-That there existed no indifference at all at the Foreign Office upon the subject;-That he had some time since forwarded to Lisbon directions requiring the liberation of Dr. Kalley on bail, as in any case he was entitled to a fair trial;—And "5. That such detention is not only illegal, but a yet greater hardship and cruelty than his imprisonment; injuring him in his practice-impairing his health that, finding there had been some very imdamaging his reputation-and inflicting continued punishment, where no crime has been committed. "6. That the opposition and hostility recently evinced to Dr. Kalley may be in great part referred to the intrigues of those who are professionally opposed to him. "7. That the Portuguese authorities at Madeira, seem to think themselves justified and encouraged in such maltreatment of a British subject, and such notorious violation of the treaty, by an erroneous opinion prevailing amongst them, that the British government is comparatively indifferent about the matter. "The Deputation have therefore respectfully to request information as to what remonstrances may already have been made to the Portuguese authorities by Her Majesty's government, and what answers may have been returned to such remonstrances ? "The Deputation are also further desirous of knowing what more can and will be done"1. To procure the liberation of Dr. Kalley, and to remove from the minds of the Portuguese authorities the erroneous proper delay somewhere, in consequence of which, the directions from the Foreign Office had not been complied with, he had sent out by the last mail, demanding the dismisssal of any official who had interfered to deprive his directions of their full operation and effect in procuring the liberation of Dr. Kalley. Since writing the above, another letter from the Foreign Office has been received, communicating the fact that "The Court of Relaçâs at Lisbon, has pronounced a decision in favor of Dr. Kalley, by virtue of which that gentleman will have been liberated on Bail." LORENZO TORPY. WE have much pleasure in giving insertion to the following letter from the Rector of Ballingary, Limerick, on the subject of a monk leaving the Church of Rome. Glebe, Ballingary, Nov. 7, 1843. "My dear Friend,-A few days after we had the pleasure of seeing you, the young 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 in the Presentation Convent, Cork, where he acquitted himself much to the satisfaction of his Superior and brethren; but his health became impaired by the secluded life, and he was permitted to visit his family in Mayo for his health. On his return, he passed through this neighbourhood, and by chance met Mr. Lloyd, of Beechmont, on that gentleman's demesne, who pleased with his conversation, invited him to dinner. Mr. Lloyd that evening was to attend a Lecture I was to preach, in the School-room of the estate, and he persuaded the monk to accompany him. My text was from Numbers, the lifting up of the brazen serpent "drawing the sinner to Christ; and I took advantage of the opportunity to descant on the leading points of difference between our Church and that of Rome, enlarging upon the more flagrant errors of Popery, in a word, poor Torpy from that instant felt the power of the gospel in its freedom and fulness, and became thenceforward a close searcher of the word of God. The fear of God triumphed, but the conflict was indeed terrible for flesh and blood. He is a young man, the eldest son of a respectable miller, worth 2001. a-year; his character unblemished, and his society beloved by all his Romish friends and acquaintance. To leave Rome under ordinary circumstances, would have been to him a matter of great difficulty; but to turn right round, and in the face of affectionate parents and brethren, to repudiate the church of Rome, was painful indeed.To raise his voice against the monastic institution, and build on their ruins the simplicity of the Gospel of Christ, he felt a duty so clashing with former associations, that, from being the beloved one of his cir outcast, but the object of their most deadly hatred. About nine months since his father drove him from his house, scarcely recovered from a fever, induced from spiritual anxiety and the cruel treatment of his natural protector. I sent him to Cork then, and had him prepared to enter Trinity College, for which he is now ready; but I confess, dear friend, I have not the means to pay his entrance fees, and the other incidental expenses attending an academic education. His character is unsullied, even by the admission of his enemies, and I trust he may yet be enabled (if Christian brethren will sympathise with him) to preach in his native tongue that faith which he once destroyed. He should enter early in the next term, so that anything I may be able to do in the poor fellow's behalf must be done quickly. I know well the generous feelings of our English brethren towards Ireland: could I enlist their feelings in this matter, I have not the slightest hesitation in saying that a great moral good will be effected and have a wider influence than individual tendency. I know that several persons have their minds disturbed on the doctrine of Rome, who, if they were sure of protection from persecution, would boldly come out; and such conversions among monks have startling impressions. Let us not despise the day of small things. Luther is poetically described as the Solitary Monk that shook the world. Oh! Sir, we want a stir among such dry tones in our distracted land, and I pray God that He may prepare hearts to feel for those struggling for liberty of conscience, amidst the terrible darkness which here surrounds us.-Believe me, my dear friend, "ever faithfully yours, GEORGE GUBBINS. To W. H. Cooke, Esq. Temple, London." 66 |