The letters of Queen Victoria, vol. 1, 1837-1843

by Queen of Great Britain Victoria

Sir James Graham has been in communication with the law advisers of your Majesty in Scotland upon the legal questions involved in this matter, and will shortly send for your Majesty's consideration the draft of a proposed answer to the General Assembly.¹¹⁷

Footnote 116: The famous Auchterarder case had decided that, notwithstanding the vetoing by the congregation of the nominee of the patron, the Presbytery must take him on trial if qualified by life, learning, and doctrine,—in other words, that the Act of Anne, subjecting the power of the Presbytery to the control of the law courts, was not superseded by the Veto Act, a declaration made by the General Assembly. In the Strathbogie case, a minister had been nominated to Marnock, and 261 out of 300 heads of families had objected to him. The General Assembly having directed the Presbytery to reject him, the civil court held that he must be taken on trial. Seven members of the Presbytery obeyed the civil power, and the General Assembly, on the motion of Dr Chalmers, deposed them and declared their parishes vacant.

Footnote 117: Sir James Graham's letter is printed in the Annual Register for 1843. A petition in answer was drawn by the Assembly and presented to Parliament by Mr Fox Maule. After the debate on it in the Commons, preparations were made throughout Scotland for the secession of the non-intrusionists, as they were called, which event took place on 18th May 1843, when about 500 Ministers, headed by Chalmers, seceded from the Old Kirk, and founded the Free Church.

Sir Robert Peel to Queen Victoria.

A SERIOUS CRISIS

Drayton Manor, 30th December 1842.

Sir Robert Peel presents his humble duty to your Majesty, and rejoices to hear that your Majesty approved of the letter which, with your Majesty's sanction, James Graham proposes to write to the Moderator of the General Assembly of the Church of Scotland.

Sir Robert Peel fears that there is too much ground for the apprehensions expressed by your Majesty in respect to future embarrassment arising out of the position of the Church Question in Scotland.

Sir Robert Peel saw yesterday a letter addressed by Dr Abercrombie,¹¹⁸ the eminent physician in Edinburgh, to Sir George Sinclair,¹¹⁹ declaring his conviction that the Secession of Ministers from their Livings would take place to a very great extent—would comprise very many of the Ministers most distinguished for learning and professional character, and would meet with very general support among their congregations.