this sentence was found to be a _brutum fulmen_; the crime was no crime,
the punishment turned out no punishment: and a minority, even in this very
Assembly, declared publicly that they would not consent to regard this
sentence as any sentence at all, but would act in all respects as if no
such sentence had been carried by vote. _Within_ their own high Court of
Assembly, it is, however, difficult to see how this refusal to recognise a
sentence voted by a majority could be valid. Outside, the civil courts
came into play; but within the Assembly, surely its own laws and votes
prevailed. However, this distinction could bring little comfort to the
Assembly at present; for the illegality of the deposal was now past all
dispute; and the attempt to punish, or even ruin, a number of professional
brethren for not enforcing a by-law, when the by-law itself had been found
irreconcilable to the law of the land, greatly displease the public, as
vindictive, oppressive, and useless to the purposes of the Assembly.
Nothing was gained except the putting on record an implacability that was
_confessedly_ impotent. This was the very lunacy of malice. Mortifying it
might certainly seem for the members of a supreme court, like the General
Assembly, to be baffled by those of a subordinate court: but still, since
each party must be regarded as representing far larger interests than any
personal to themselves, trying on either side, not the energies of their
separate wits, but the available resources of law in one of its obscurer
chapters, there really seemed no more room for humiliation to the one
party, or for triumph to the other, than there is amongst reasonable men
in the result from a game, where the game is one exclusively of chance.
From this period it is probably that the faction of Non-intrusionists
resolved upon abandoning the church. It was the one sole resource left for
sustaining their own importance to men who were now sinking fast in public
estimation. At the latter end of 1842, they summoned a convocation in
Edinburgh. The discussions were private; but it was generally understood
that at this time they concerted a plan for going out from the church, in
the event of their failing to alarm the Government by the notification of
this design. We do not pretend to any knowledge of secrets. What is known
to every body is--that on the annual meeting of the General Assembly, in
May 1843, the great body of the Non-intrusionists moved out in procession.
The sort of theatrical interest which gathered round the Seceders for a
few hurried days in May, was of a kind which should naturally have made
wise men both ashamed and disgusted. It was the merest effervescence from
that state of excitement which is nursed by novelty, by expectation, by
the vague anticipation of a "scene," possibly of a quarrel, together with
the natural interest in _seeing_ men whose names had been long before the
public in books and periodical journals.
Public-domain text, read in full here on John Shaqi.
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