"It was then provided, that every person elected to the discharge of Roman Catholic episcopal functions in Great Britain or Scotland should, previously to the discharge of his office, notify his then election to the Secretary; that the Secretary should notify it to the Commissioners, and they to the Privy Council, with a certificate 'that they did not know or believe anything of the person nominated, which tended to impeach his loyalty or peaceable conduct;' unless they had knowledge of the contrary, in which case they should refuse their certificate. Persons obtaining such a certificate were rendered capable of exercising episcopal functions within the United Kingdom; if they exercised them without a certificate, they were to be considered guilty of a misdemeanor, and liable to be sent out of the kingdom.
"Similar provisions respecting Ireland were then introduced."
"The second set of clauses," says Mr. Butler, "was suggested by Lord Castlereagh, and provided that the Commissioners under the preceding clauses—with the addition, as to Great Britain, of the Lord Chancellor, or Lord Keeper, or first Commissioner of the Great Seal for the time being, and of one of his Majesty's principal Secretaries of State, being a Protestant, or such other Protestant member of his Privy Council as his Majesty should appoint—and with a similar addition in respect to Ireland—and with the further addition, as to Great Britain, of the person then exercising episcopal functions among the Catholics in London—and, in respect to Ireland, of the titular Roman Catholic Archbishops of Armagh and Dublin,—should be Commissioners for the purposes thereinafter mentioned.
"The Commissioners thus appointed were to take an oath for the discharge of their office, and observance of secrecy, similar to the former, and employ the same Secretary, and three of them were to form a quorum.
"The bill then provided, that subjects of his Majesty, receiving any bull, dispensation, or other instrument, from the See of Rome, or any person in foreign parts, acting under the authority of that See, should, within six weeks, send a copy of it, signed with his name, to the Secretary of the Commissioners, who should transmit the same to them.
"But with a proviso, that if the person receiving the same should deliver to the Secretary of the Commission, within the time before prescribed, a writing under his hand, certifying the fact of his having received such a bull, dispensation, or other instrument, and accompanying his certificate with an oath, declaring that 'it related, wholly and exclusively, to spiritual concerns, and that it did not contain, or refer to, any matter or thing which did or could, directly or indirectly, affect or interfere with the duty and allegiance which he owed to his Majesty's sacred person and government, or with the temporal, civil, or social rights, properties, or duties of any other of his Majesty's subjects, then the Commissioners were, in their discretion, to receive such certificate and oath, in lieu of the copy of the bull, dispensation, or other instrument.
"Persons conforming to these provisions were to be exempted from all pains and penalties, to which they would be liable under the existing statutes; otherwise, they were to be deemed guilty of a high misdemeanor; and in lieu of the pains and penalties, under the former statutes, be liable to be sent out of the kingdom.
"The third set of clauses provided that, within a time to be specified, the Commissioners were to meet and appoint their Secretary, and give notice of it to his Majesty's principal Secretaries of State in Great Britain and Ireland; and the provisions of the act were to be in force from that time."
On the second reading, in May, the Committee of Parliament, on motion of the Speaker, then on the floor, struck out the clause enabling Catholics "to sit and vote in either House of Parliament," by a majority of four votes: 251 against 247. Mr. Ponsonby immediately rose, and, observing that, as "the bill without the clause," was unworthy both of the Catholics and its authors, he moved the chairman do leave the chair. The committee rose, without a division, and the Emancipation Bill of 1813 was abandoned.
Unhappily, the contest in relation to the Veto, which had originated in the House of Commons, was extended to the Catholic body at large. Several of the noblemen, members of the board, were not averse to granting some such power as was claimed to the crown; some of the professional class, more anxious to be emancipated than particular as to the means, favoured the same view. The bishops at the time of the Union, were known to have entertained the idea, and Sir John Hippesley had published their letters, which certainly did not discourage his proposal. But the second order of the clergy, the immense majority of the laity, and all the new prelates, called to preside over vacant sees, in the first decade of the century, were strongly opposed to any such connexion with the head of the State. Of this party, Mr. O'Connell was the uncompromising organ, and, perhaps, it was his course on this very subject of the Veto, more than anything else, which established his pretensions to be considered the leader of the Catholic body. Under the prompting of the majority, the Catholic prelates met and passed a resolution declaring that they could not accept the bill of 1813 as a satisfactory settlement. This resolution they formally communicated to the Catholic Board, who voted them, on O'Connell's motion, enthusiastic thanks. The minority of the Board were silent rather than satisfied, and their dissatisfaction was shown rather by their absence from the Board meetings than by open opposition.