In October, 1834, Lord Kinnoul presented Mr. Young, a licensed probationer, to the Church of Auchterarder. Of the heads of families, being communicants, 287 out of 330 protested against the admission of Mr. Young to be their pastor. The Presbytery of Auchterarder, in obedience to the resolution of the Assembly of 1834, rejected him. A suit was commenced in the civil courts, by Lord Kinnoul and Mr. Young, against the Presbytery. After great displays of learning and acrimony, the Court of Session, in 1838, by a majority of 8 judges to 5, decided that the rejection of the presentee was illegal, and that the Presbytery was bound to take Mr. Young "on trials."
Presbyterian Scotland, from John O'Groat's to Gretna Green, was violently agitated with the question. It divided into parties known as Intrusionists and Non-Intrusionists—Doctors Macfarlane, Cook, and Hill, being conspicuous among the former, and Doctors Chalmers, Welsh, and Candlish, among the latter. Every Presbytery was rent with discussion, while the debates in the venerable General Assembly were hardly less violent than in the East India Company Court of Proprietors, when Mammon strives with Mercy for the rule of Hindostan, or when political chiefs in the House of Commons struggle for mastery in the councils of Europe.
The majority of the Assembly having sustained the Presbytery of Auchterarder, the Presbytery appealed from the decision of the Court of Session to the House of Lords. In 1841, I believe, the Lords dismissed the appeal—thus, in effect, affirming the judgment of the Court below, and pronouncing the Veto Act illegal. Upon this, the Court of Session made a further order, directing the Presbytery to take Mr. Young on trials. Whereupon, the Assembly, after a violent debate, in which the Veto was sustained by a power of Caledonian eloquence that John Knox would have gloried to hear, resolved, by a majority of 49, that the principle of Non-Intrusion could not be abandoned, and that no presentee should be forced upon a parish contrary to the will of the congregation. Acting under this vote of the Assembly, the Presbytery still refused to receive Mr. Young; and, thereupon, the Court of Session gave damages to Lord Kinnoul and Mr. Young in the sum of £10,000, and prohibited the Presbytery from settling any minister over the Church of Auchterarder, though he were to be maintained by the Non-Intrusion portion of the congregation.
Matters had now reached a point from which there seemed to be no retreat for either party. The Non-Intrusionists, though they had prevailed in the assembly of the saints, had altogether failed in the court of the unbelievers. In the mean time, other similar cases had arisen, especially those of Strathbogie, Culsalmond, and Glass, where obnoxious pastors, who had been obtruded upon churches, were marched into the pulpits on the Sabbath, guarded by police and soldiery, and the people compelled to receive the gospel with batons over their heads and bayonets at their hearts. These spectacles aroused the spirit that fired the same people a century before, when, in the piquant language of Sydney Smith, the persecuted Scotchman, "with a little oatmeal for food, and a little sulphur for friction, allaying cutaneous irritation with the one hand, and holding his Calvinistic creed in the other, ran away to his flinty hills, sung his psalm out of tune his own way, and listened to his sermon of two hours long, amid the rough and imposing melancholy of the tallest thistles." The same spirit, in 1842-3, refined by a higher civilization, and tempered by a more liberal learning, made the same people prompt in deciding, that when the decrees of the Lord Jesus Christ and the Lord Chancellor of England came in conflict, the latter must be repudiated and the former obeyed. The interdicts of the Courts were not merely disobeyed—they were literally torn in pieces and trampled under foot by incensed assemblies, amidst the applause of multitudes.
But, though other instances of intrusion had arisen, that of Auchterarder was the case on which the question turned. That question, stated in its simple form, was, whether the will of the patron or the will of the communicants should prevail, in making the presentee the pastor of the parish; and whether the members of a Presbytery were liable to damages to the patron for rejecting his presentee on the veto of the people. But the points involved penetrated far deeper. They touched not only the right of the Church of Scotland to be supreme in her ecclesiastical affairs, but they involved the whole subject of a union of the Church with the State. They reached beyond this. They raised the question of the right of the people to be supreme in religious affairs. They stopped not here. They leaped the boundary that divides spiritual and civil authority, and mooted the question of the supremacy of the popular will—the question, whether the people are the legitimate source of all power—an inquiry which stops not in its researches till it has explored the foundations of human government in their broadest aspect. Not only, then, were the rights of the communicants of Auchterarder, of the Presbytery of Auchterarder, of the Church of Scotland at issue, but the decision of this case involved principles which might shake the minarets of the Metropolitan Cathedral, the towers of Parliament House, the walls of the Throne Room of St. James.
Looking to the possibility of such consequences, it is no wonder that the "Moderates" attempted to soothe the irritation by that dernier panacea of conservatives and cowards—a compromise. The Scotch Church question had already found its way into Parliament. In 1840, Lord Aberdeen had introduced a bill to settle the difficulties. It slept in the archives of the Peers till the Tories came into power. Dr. Chalmers was now consulted by the Government. He gave his opinion as to what would satisfy the Non-Intrusionists. He was promised a bill that would justify a Presbytery in rejecting a presentee on even the most frivolous objection—as red hair or a black skin, for instance. But, instead of this, a bill was introduced which did not allow the Church judicatories to reject unless on grounds satisfactory to the civil court. The tergiversation of the Government wrung from Dr. Chalmers the exclamation, that "the morality of politicians was the morality of horse-jockies."
The General Assembly of May, 1842, met. It was opened by the Lord High Commissioner of Her Majesty, with unusual pomp, blandness, and hypocrisy. All hope of reconciliation had not fled. The friends of the Veto cherished the delusion that purity and peace, that non-intrusion and non-resistance might yet walk hand in hand; and, not being prepared to break with the Government, they suffered the Assembly to adjourn without taking any decisive action. During the ensuing summer and autumn, Sir James Graham, the Home Secretary, endeavored to cajole the Non-Intrusionists, and succeeded in inducing 40 or 50 conservative clergymen of that party to express their approval of a settlement of the question on the basis of a compromise, which should give a great deal of power to the people and the Kirk, and a little more to the Court of Session. The battle was fought, on popular grounds, in the House of Commons, in the winter and spring of 1843. A deputation of Non-Intrusion clergymen was present. Remaining in London till hope had abandoned them, they returned to Scotland, and prepared for the final disruption of the Church. An act was subsequently passed—such an one as would have been gladly accepted in 1840—but it came too late.
The General Assembly of 1843 met on the eighteenth of May. An immense throng crowded the floor, the galleries, the aisles of the edifice, eager with expectation. The Lord High Commissioner went through the ceremony of opening the Assembly, in a style of chilling pomp. Dr. Welsh, the Moderator of the last Assembly, rose, read the solemn protest of his brethren, and the disciples of John Knox quietly left their seats, and shook the dust from their feet on the threshold of the church of their fathers. When the crowd outside saw the venerable forms of Chalmers, Welsh, and their followers, emerging from the ancient edifice, they lifted their hats and bowed their heads, with bosoms too full for the utterance of a cheer. But, as the ejected presbyters wended their way toward the high rock in the vicinity of the Castle where glittered the spires of the New Assembly Hall, thousands of acclamations rent the air, mingled with the waving of hats and handkerchiefs, from streets, windows, roofs, and balconies. They entered the house, followed by a throng, in which emotions of enthusiasm and solemnity struggled for the mastery. The Assembly immediately organized, by placing its great founder, Dr. Chalmers, in the chair. Having uttered a sublime prayer, he gave out the psalm, "God is our refuge in distress," so often sung in the bloody days, in the glens of Scotland, by the hunted Covenanters, when
"Leaning on his spear, The liart veteran heard the word of God
By Cameron thundered, or by Renwick poured
In gentle stream."
The Free Kirk was now launched. The crew was zealous, but untried; the pilot, though skillful, was about to explore an unknown and tempestuous sea. But a voice was heard above the raging of the elements, saying, "Peace! be still!" The Assembly vigorously entered on the work of bringing order out of confusion, symmetry out of chaos. The five hundred clergymen who soon rallied round its altars, made noble sacrifices for conscience' sake. They had to leave the greater part of their churches, their glebes, their manses; many, literally, abandoning their livings. Their flocks followed them to their cost; for new church edifices were to be erected, and salaries to be raised, not from tithes, stipends, and ecclesiastical funds—for these had been left behind in the Exodus—but out of the pockets of those who, for the first time, found themselves Seceders in fact, and Voluntaries in position. They were prepared for this. Congregations met in groves, in barns, in lofts, in halls, and heard the Word. They raised funds, and built churches. They appealed for aid to their brethren in England and America. They soon amassed a fund of £300,000, for the support of poor pastors and parishes. They encountered great difficulties in obtaining sites for churches. Many of the Intrusion landlords would neither give nor sell them building spots. They would lease or sell lands for cockpits, horse-races, gambling-houses, dram-shops, and even for Methodist or Baptist places of worship; but they would not permit a chapel of the Free Kirk of Scotland to pollute the soil. In process of time, Parliament and public opinion brought these refractory landlords to their senses. Excluded in a great measure from the current public newspapers, they established journals of their own. Denounced by Blackwood, looked coldly upon by the Edinburgh, though the Westminster gave them two or three able and hearty articles, they set up the North British Review, which at once took rank with the first quarterlies in the kingdom. Shut out from the theological schools of the old Kirk, they founded a seminary of their own, placing Dr. Chalmers at its head, as professor of divinity. During the six years of the existence of the Free Church, it has drawn to itself a large share of the numbers and vitality of the Presbyterian body of Scotland. The Old Kirk has a great deal of wealth, a great many churches, and a great deal of pomp. It also enjoys a great deal of languor, a great deal of vacancy, and a great deal of chagrin.