All the time that Mr. Gladstone was dazzling the country by the brilliance of his finance, and convincing practical men by the hard test of figures at the year's end, he had to fight his colleagues in the Cabinet as well as his opponents at St. Stephen's. Lord John Russell nearly ruined the Budget of 1860 by the persistency with which he pressed his unlucky Reform Bill. Lord Palmerston was continually demanding money for safeguards against a French invasion in which the Chancellor of the Exchequer would not believe. Cobden, from the outside, was urging the one genuine economist in the Cabinet to promote the cause of economy by resigning. Acton, though dissatisfied with "bald Cobdenites," as he termed them, was always on Gladstone's, and never on Palmerston's side. On the other hand there was a question of European importance which united Mr. Gladstone hand and glove with the Prime Minister and the Foreign Secretary. Italian unity, and Italian independence, were as dear to Palmerston and Russell as to Gladstone. Lord John's famous despatch of October 1861, vindicating the right of the Italians to choose their own rulers, was greeted with enthusiastic delight throughout the Italian peninsula. The cause for which Cavour lived, only to die in the moment of its triumph, was nowhere pleaded with more persuasive power than by Mr. Gladstone in the Parliament of 1859. Although Lord Palmerston's Government could never reckon upon a majority of fifteen, the opposition to their Italian policy came chiefly from a few Irish Catholics. Sir John Acton, though a Roman Catholic, and an Irish Member, took no part in it. He was deeply imbued with the spirit of liberty, and he held with all the strength of his mind that the cause of religion was the cause of freedom. To maintain Austria in Italy, or even the temporal power of the Pope, did not belong to Catholicism as he understood it. To identify soundness of faith with arbitrary rule was, in the eyes of a Liberal Catholic like Acton, one of those blunders which are worse than crimes. He was drawn to Mr. Gladstone both by admiration of his splendid capacity and by agreement with his continental Liberalism. In the House of Commons he hardly ever spoke. For six years he only put two questions, and made one speech (May 4, 1860). The questions were unimportant. The speech was characteristic. It was in effect an appeal for information about the government of the Papal States. No Catholic, said Sir John Acton, would defend bad government because it was exercised in the name of the Pope. In this case the evidence was contradictory, and all he wanted was the truth. Lord John Russell was unable to give a satisfactory reply, because the Queen had no accredited representative at Rome. Macaulay's description of the Papal States a few years before this time is well known. If, he said, you met a man who was neither a priest nor a soldier, and who did not beg, you might be pretty sure that he was a foreigner. Sir John Acton, though he deprecated hasty judgments, was incapable of defending oppression or injustice. The fact that it was the work of Catholics, so far from prejudicing him in its favour, would simply have increased the severity of his condemnation. It would, in his eyes, have been falling from a higher standard.
The two political questions to which Sir John Acton attached most importance were ecclesiastical establishments and agrarian reform. The land laws were safe from disturbance under a Premier who flippantly remarked that tenant right was landlord wrong. The Irish Church, to which, as a Catholic and an Irish Member, Acton could not be indifferent, suddenly flashed into fatal prominence, when, on the 28th of March 1865, Mr. Gladstone declared that it did not fulfil its proper functions, because it ministered only to one-eighth, or one-ninth, of the community. This speech, coupled with his declaration of the previous year that every man not mentally or morally disqualified was on the face of it entitled to come within the pale of the Constitution, gave Mr. Gladstone for the first time the confidence of the working classes and of the Radical party. Sir John Acton went with him, then and afterwards, in all confidence and hope. As a Catholic he would naturally have been opposed to the maintenance of Protestant ascendency by law. As a Liberal he was in favour of extending the suffrage, and of religious equality. But indeed the foundation of his agreement with Mr. Gladstone lay deeper than any political principle or measure. Belonging to two different branches of the Christian Church, they both desired the reunion of Christendom, and both held that religion was the guiding star in public as in private life. Between a High Churchman like Mr. Gladstone and a Liberal Catholic like Sir John Acton there was plenty of common ground. Both men became, in every sense of the word, more Liberal as they grew older, and Acton's belief in his leader ripened into a reverential devotion which nothing could shake.
At the General Election of 1865, Sir John Acton stood in the Whig or Liberal interest for Bridgnorth, the nearest town to Aldenham, and then a Parliamentary borough. "On that occasion he assured the electors that he represented not the body but the spirit of the Church of Rome" (Edinburgh Review, No. 404, pp. 375-76). What the electors made of this assurance we do not know, and it would be vain to conjecture. They placed him, however, at the head of the poll. But his majority was a single vote, which disappeared on a scrutiny, and he never again took his seat on the green benches of the House of Commons. He had none of the gifts required for winning large popular constituencies, even if his creed had not been a fatal objection in the mind of the average voter five-and-thirty years ago.
While Sir John Acton sat in the House and silently voted with his party, he had not been inactive. The views of the most cultivated and enlightened among English Catholics were expressed in the fifties by a monthly periodical called the Rambler. The editor of the Rambler was the greatest of converts, John Henry Newman. In 1859 an article of Newman's on consulting the laity in matters of doctrine was condemned by authority at Rome, and Newman withdrew from the editorial chair. He was succeeded by Sir John Acton, and no better choice could have been made. He edited the Rambler till 1862, when it became merged in the Home and Foreign Review. His first contribution, in November 1859, was a criticism of Mill on Liberty, which he took up again in the following March. The subject was peculiarly his own, though he could not, as a Catholic, approach it from Mill's point of view. He wrote, contrary to his custom, in the first person singular, and signed the article "A"; which, in his own review, amounted to acknowledgment. "By liberty," wrote this Liberal Catholic, "I mean absence of accountability to any temporal authority," and he added, "I make no reservations." He afterwards learned that liberty was positive, and that spiritual as well as temporal authority might be pushed to a point inconsistent with freedom. These youthful contributions to his favourite theme show rather the wonderful knowledge which he had acquired at five-and-twenty than the delicate and subtle discrimination which distinguishes his later work. One exquisite quotation deserves to be quoted again. Cui Christus vim intulit? wrote Count Boniface to St. Augustine. Quem coegit! To whom did Christ apply violence? Whom did he coerce? The final failure of persecution was in Sir John Acton's opinion the act of Louis the Fourteenth when he revoked the Edict of Nantes. "Coercion," he added, "is an educational instrument which Western Europe has outgrown," though indeed it had not much success in the age of the Cæsars. On the Inquisition he was discreetly silent. But he concluded with a plea for the sacredness of moral responsibility, which hardly came within the scope of Mill's eloquent and powerful treatise. For a Catholic organ, however, the treatment of Mill is, if not sympathetic, at least appreciative and respectful. Of this article Mr. Gladstone wrote to the author, "I have read your valuable and remarkable paper. Its principles and politics I embrace; its research and wealth of knowledge I admire; and its whole atmosphere, if I may so speak, is that which I desire to breathe. It is a truly English paper."
Among Sir John Acton's other contributions to the Rambler one of the most interesting is his account of Cavour, which appeared in July 1861, just after the Italian statesman's death. Acton had an abhorrence of Carlylean hero-worship, and he did less than justice to Cavour's regeneration of Italy. His criticism of a man who for many years of his too brief life was engrossed in a desperate struggle for national independence is cold and dry. He cannot conceal either the scanty resources which Cavour had at his disposal, or the magnitude of the results which those resources were made to achieve. But, true to his favourite subject, he analysed the Minister's conception of liberty, and found it wanting. It was liberty for the State, not liberty for the individual, nor for the Church. Yet Cavour's cherished ideal was "a free Church in a free State," and he would probably have replied that from the purely individual point of view Piedmont might well challenge comparison with the Austrian provinces of Italy or the States of the Church. If Cavour's life had been spared, we may be sure that he would, as his dying words about Naples imply, have governed in accordance with the principles of constitutional freedom. A year later, in July 1862, Acton inaugurated the Home and Foreign Review with a characteristic article on "Nationality." He traced the rise of national sentiment in Europe to the infamous partition of Poland, of which Burke said that no wise or honest man could approve. It was fostered by the French Revolution, and became afterwards the instrument by which Napoleon fell. The Holy Alliance suppressed it for a time, but it soon revived in Italy. By Nationalism, which Englishmen forty years ago favoured everywhere except in Ireland, Acton meant, as he explains, "the complete and consistent theory that the State and the nation must be coextensive." "Exile is the nursery of nationality," he proceeds, "as oppression is the school of liberalism; and Mazzini conceived the idea of Young Italy when he was a refugee at Marseilles." To the idea of Nationalism, as he defines it, Acton opposed the principle that "the combination of different nations in one State is as necessary a condition of civilised life as the combination of men in society." To overcome national differences was the mission of the Church, and patriotism was in political life what faith was in religion. There could be no nationality with any claim upon men's allegiance except what was formed by the State. "The Swiss are ethnologically either French, Italian, or German; but no nationality has the slightest claim upon them, except the purely political nationality of Switzerland." The instance was well chosen. Unfortunately Acton goes on to say that "the citizens of Florence and of Naples have no political community with each other," which had ceased to be true before the article appeared. Nor was it altogether a fortunate prediction that no organised State could be formed in Mexico, which after the departure of the French became a stable Republic. Paradoxical as the essay in some respects was, it is valuable as an analysis of political ideas, and its concluding sentence is full of suggestion even to minds which do not accept the opinions implied. "Although," so it runs, "the theory of nationality is more absurd and more criminal than the theory of Socialism, it has an important mission in the world, and marks the final conflict, and therefore the end, of two forces which are the worst enemies of civil freedom – the absolute monarchy and the revolution."
There is nothing in Sir John Acton's essay on "Nationality" which would be likely to excite suspicion at the Court of Rome. But the Home and Foreign Review was known to be a Liberal as well as a Catholic organ. It was marked by independence of tone, as well as by originality of thought, and it soon fell under suspicion. Even its motto, Seu vetus est verum diligo sive novum, "I love the truth, whether it be old or new," was ambiguous. For how can Catholic truth be new? In the month of August 1862, Cardinal Wiseman, the acknowledged head of the Roman Catholic Church in England, received an address from his clergy. His reply contained a severe censure of the Home and Foreign Review for the "absence of all reserve or reverence in its treatment of persons or of things deemed sacred, its grazing even the very edges of the most perilous abysses of error, and its habitual preference of uncatholic to Catholic instincts, tendencies, and motives." The particular charge of personal misrepresentation against which the Cardinal protested has long since lost whatever interest it may once have had. The general tone of Acton's remonstrance, made in his editorial character and in the periodical condemned, illustrates his attitude towards the Church to which he belonged. Of Wiseman he writes not merely with the reverence due to his ecclesiastical rank, but with the affection of an old pupil at Oscott. "In the Cardinal's support and approbation of our work," he says, "we should recognise an aid more valuable to the cause we are engaged in than the utmost support which could be afforded to us by any other person." He then proceeds to describe the foundation of the Review. "That foundation is a humble faith in the infallible teaching of the Catholic Church, a devotion to her cause which controls every other interest, and an attachment to her authority which no other influence can supplant. If in anything published by us a passage can be found which is contrary to that doctrine, incompatible with that devotion, or disrespectful to that authority, we sincerely retract and lament it. No such passage was ever consciously admitted into the pages either of the late Rambler or of the Review." The aim of literature and the function of the journalist are declared to be on a lower level than the work and duty of the Church, though directed to the same ends as hers. "The political and intellectual orders remain permanently distinct from the spiritual. They follow their own ends, they obey their own laws, and in doing so they support the cause of religion by the discovery of truth and the upholding of right." These manly and sensible words are followed by a still more eloquent and significant passage, which expresses the deepest convictions of Acton's mind. "A political law or a scientific truth may be perilous to the morals or the faith of individuals; but it cannot on this ground be resisted by the Church… A discovery may be made in science which will shake the faith of thousands; yet religion cannot regret it or object to it. The difference in this respect between a true and a false religion is, that one judges all things by the standard of their truth, the other by the touchstone of its own interests. A false religion fears the progress of all truth; a true religion seeks and recognises truth wherever it can be found."
When Acton wrote thus, the Darwinian controversy was at its height, and many Protestants, who thought that they believed in the right of private judgment, showed much less tolerance than he. Against the timid faith which feared the light, against the false morality which would do evil that good might come, Acton waged incessant war. Truth, morality, and justice could not in his eyes be inconsistent with the doctrines of the Church. If they appeared to be so, it must be because the doctrines were erroneously expressed or imperfectly understood. To identify the Church with a cause, with a party, with anything lower than morality and religion, was a betrayal of duty and a surrender of the fortress. The policy of the Home and Foreign Review, as expounded by the editor, was to leave the domains of faith and ecclesiastical government alone, but on all other matters to seek the highest attainable certainty. The progress of political right and scientific knowledge, the development of freedom in the state and of truth in literature, were its objects. Here for the time the quarrel rested. It is not to be supposed that Pius the Ninth and his advisers were satisfied with this lucid and pungent exposition of Liberal principles. But Wiseman had learned from experience that the interests of Catholicism in England were not promoted by a policy of aggression, and he was aware that Sir John Acton spoke for most of those Catholics who did not belong to the extreme or Ultramontane school. For nearly two years Sir John remained editor of the Home and Foreign Review. Then the final thunderbolt was launched by a higher power than Wiseman. At the Congress of Munich in 1863 Acton's friend and teacher, Professor Döllinger, delivered an eloquent plea for the union of Christendom, lamenting the want of dogmatic standards among Protestants, and at the same time urging Catholics "to replace the mediæval analytical method by the principle of historical development, and to encounter scientific error with scientific weapons" (Edinburgh Review, No. 404, page 513). Sir John Acton attended this congress, and reported its proceedings to his Review. In March 1864 the Pope addressed a brief to the Archbishop of Munich, in which he declared that the opinions of Catholic writers were subject to the authority of the Roman congregations. After this Acton felt that it was useless to continue the struggle, or to carry on the Home and Foreign Review. In a farewell article, entitled "Conflicts with Rome," he explained that he was equally unable to admit the doctrines of the brief or to dispute the authority which proclaimed them. In these circumstances he had only one course to take. He could not abandon principles he sincerely held. He could not reject the judgment of the Holy See without committing the sin of apostasy. "The principles had not ceased to be true, nor the authority to be legitimate, because the two were in contradiction." He could only sacrifice the Home and Foreign Review. He regretted its discontinuance, because, while there were plenty of magazines to represent science apart from religion, and religion apart from science, it had been his special object to exhibit the two in union. But he had no alternative, if he were to preserve his intellectual honesty and also his loyalty to the Church.
It would have been difficult to emerge with more credit from a peculiarly painful and delicate position. The article, and with it the last number of the Review, appeared in April 1864, when Sir John Acton was thirty years of age. The surpassing prudence which accompanied him from boyhood through life had no connection with weakness nor timidity. It resulted from a very rare faculty of apprehending all aspects of a question at once, and of keeping them separate in his mind. In this same year 1864 Acton told one of his parliamentary friends, now Sir Mountstuart Grant Duff, that he had never felt the slightest doubt about any dogma of the Catholic, meaning the Roman Catholic, Church. A time was to come when his faith would be more severely tried. But, independent as he had always been, Acton was not formed by nature to be a leader of revolts. Moral or intellectual anarchy was the last thing he desired. If he had been brought up a Protestant, he would probably have remained one. In that case, however, he would have seen the danger of private interpretation even more clearly than the perils of dogmatic despotism. He would have asked, if, as Bishop Butler says, we must judge of revelation itself by reason, whose reason it was to be.
At the close of the year 1864, the tenth anniversary of the date on which he had himself proclaimed the Immaculate Conception of the Virgin as a dogma, the Pope issued his Encyclical Letter against modern thought. In the Syllabus of Errors which this epistle condemned, Pius the Ninth, who had once been reckoned a Liberal, included the heresy that the Holy See ought to seek reconciliation with progress, with Liberalism, and with modern thought. He further pronounced that the Catholic religion should be the exclusive religion of the State; and that liberty of worship, and freedom of the Press, promoted moral corruption and religious indifference. There was, he added, no hope for the eternal salvation of those who did not belong to the true Church. Although Sir John Acton had had some share in provoking the publication of the Syllabus, he made no reply. He had withdrawn from the controversy without surrendering either his faith as a Catholic or his principles as a man.
In 1865 Acton's connection with the House of Commons ceased, and in the same year he married a Bavarian lady, the eldest daughter of Count Arco-Valley. From this time too he abandoned the practice of regular editing and reviewing, nor did he write again for avowedly Catholic organs, though he was throughout the remainder of his life an occasional contributor to secular organs on historical and theological subjects. The popular idea that he wrote little, and passed his whole time in reading or talking, is erroneous. That he did not put out much in his own name is true. But the list of his anonymous articles fills more than twenty pages of an octavo volume, and their variety is quite as remarkable as their number. He read every new German book of the smallest importance. In the Home and Foreign Review alone there are more than seventy critical notices from his pen. The pen, however, was not the only instrument by which he imparted to others some fragments from his vast stores of knowledge. To his neighbours, one can hardly call them his constituents, in the little town of Bridgnorth, he delivered several lectures, now out of print and scarce, which for range and quality must have been very different from anything his audience had heard before. The first, delivered on the 18th of January 1866, when he was still supposed to be Member for the borough, is now only to be found in the Bridgnorth Journal for the 20th. Its subject is "The Civil War in America: Its Place in History." Nothing can be more characteristic than the tone and temper of this discourse. Though dated only a few months after the fall of Richmond, when, as Acton says in one of these letters, he "broke his heart over the surrender of Lee," it is as calm and judicial, not to say as dry, as if he were investigating an antiquarian problem. Its dryness never becomes dulness. Unless, however, the Literary and Scientific Institution of Bridgnorth was far above the ordinary level of such bodies, they must have been puzzled and perplexed by the paradoxical subtlety which traced the causes of the war back to the birth of the American Constitution. "Slavery," he said, "was not the cause of secession, but the reason of its failure." Then what was the cause of secession? According to Sir John Acton, it was the failure of Jefferson, Hamilton, and their colleagues to provide against the omnipotence of the majority, which he regarded as inconsistent with true freedom. They might have answered, if they could have been heard, that they had made the method of choosing a President indirect, and had given the Supreme Court control even over Congress itself. The first expedient had, no doubt, entirely failed, and the electoral college was a mere machine for registering the popular vote. But the Supreme Court was a substantial reality, and it had before the war decided that a fugitive slave could be reclaimed by his master even in a free State. Nobody will now dispute Sir John Acton's proposition that by the middle of the nineteenth century slavery was an anachronism. Yet, if the Southern States had been more instead of less numerous than the Northern, they would have probably won, and they would then undoubtedly have set up a great Slave Power in the heart of western civilisation. The immediate, or proximate, cause of hostilities was not slavery, but the claim of South Carolina to secede from the Union. Not till the third year of the war did Lincoln proclaim the abolition of slavery. Yet without slavery there would have been no war. If not the causa causans, it was the causa sine quâ non. The value of Sir John Acton's lecture lies chiefly in the ability with which he dissects the American Constitution, and indicates, sometimes in the words of its authors, its weak points. Whatever may be thought of his constructive faculty, his critical acumen was not surpassed by any of his less learned contemporaries.