Lord Acton was made an Honorary Doctor of Philosophy by the University of Munich in 1872, the last year of the North British Review, after which he ceased to write regularly for the Press. In 1873 a very different honour was in contemplation. He had been consulted by Lord Granville upon the European situation, then regarded as critical, and showed such remarkable knowledge of it that the idea of sending him as Ambassador to Berlin was seriously entertained (Edinburgh Review, No. 404, page 528). The appointment would in many ways have been desirable, and in some unexceptionable. For Lord Acton was a born diplomatist, and, though the German Emperor was a Protestant, half the empire was Catholic. But the prize was apparently thought too high for a man outside the diplomatic service who had filled no other post under the Crown. Lord Acton remained at home, and in 1874 found himself suddenly once again in the thick of a theological battle. The echoes of the Vatican Council, and of Papal pretensions, seemed to have died away, when, in November 1874, Mr. Gladstone, freed from the trammels of office, and regarding his leadership of the Liberal party as near its close, startled the world by a pamphlet on "The Vatican Decrees in their Bearing on Civil Allegiance." He had previously, in an article on "Ritualism," contributed to the Contemporary Review, expressed his opinion that Romanising in the Church of England was least to be feared at a moment "when Rome had substituted for the proud boast of semper eadem a policy of violence and change in faith; when she had refurbished and paraded anew every rusty tool she was fondly thought to have disused; when no one could become her convert without renouncing his moral and mental freedom, and placing his civil loyalty and duty at the mercy of another; and when she had equally repudiated modern thought and ancient history." While in this frame of mind, Mr. Gladstone paid a visit to Munich, and had many long talks with the venerable Professor Döllinger. The spectacle of a man so wise, pious, learned, and holy under the ban of the Church seems to have kindled in him a burning indignation against the authors of the Vatican decrees. He wrote a pamphlet, and informed Lord Acton from Hawarden in October that he meant to publish it. Lord Acton deprecated this step. He was far nearer to Mr. Gladstone in opinion than he was to the Court of Rome. But he had no desire to see the subject reopened, knowing that the withdrawal of the decrees was impossible, and fearing that public opinion might be dangerously excited against his fellow-Catholics by so powerful an onslaught. He did not sufficiently allow for the great progress in the direction of tolerance made since the passing of the Ecclesiastical Titles Act, which Mr. Gladstone himself had repealed three years before. The pamphlet appeared in November 1874, and more than a hundred thousand copies of it were sold. The English Catholics were disturbed. Some were indignant, and some were alarmed. But in the end they were none the worse. On the contrary, Mr. Gladstone did them a service by giving them an opportunity to declare that they were, and always would be, as loyal and patriotic as their Protestant countrymen. It is impossible not to trace in Mr. Gladstone's pamphlet, as in the passage already cited from the Contemporary Review, the effect of Lord Acton's letters from Rome in 1870. The substance of the argument is that the Catholics obtained emancipation by denying that Papal infallibility was a dogma of their Church, and that the Power which had changed their faith might change their allegiance. The Vatican decrees reversed the policy of Clement the Fourteenth, who, by overthrowing the supremacy of the Jesuits, had "levelled in the dust the deadliest foes that mental and moral liberty had ever known." Equality of civil rights should be maintained without regard for religious differences. But Mr. Gladstone thought himself entitled to ask the Catholics of England and Ireland whether they would assist in the re-erection of the temporal power by force. Many were the answers to this famous pamphlet. The most eloquent was Newman's. The most hostile was Manning's. The most interesting was Acton's. It is characteristic of Lord Acton's courage and candour that he should have answered at all. He was regarded at Rome with something more than suspicion, and nobody quite understood why he had escaped the fate of Döllinger. There was nothing that Mr. Gladstone could say of the decrees too strongly condemnatory to command his assent. But his invincible integrity of mind would not allow him, for the sake of his own peace, to acquiesce in the practical conclusions which Mr. Gladstone drew from irrefragable premises. In several letters written for the Times, one of them addressed personally to Mr. Gladstone, Lord Acton gave the only reply which could in the circumstances be given. Mr. Gladstone's reasoning was unassailable in argument. But man is not a logical animal. People are sometimes better than their principles, sometimes worse, very seldom consistent. As Mr. Gladstone himself had said a few years before, "The limit of possible variation between character and opinion – aye, between character and belief – is widening and will widen." Lord Acton, with all his subtlety and all his learning, could only take refuge in the old and familiar truth that what a man will do cannot be inferred from what he believes. The Corpus Juris, he said (Times, November 9, 1874), makes the murder of Protestants lawful. Pius the Fifth justified the assassination of Elizabeth. Gregory the Thirteenth condoned, or rather applauded, the massacre of Saint Bartholomew (Times, November 24). Was it therefore fair to assume that all Catholics who accepted the Vatican decrees, or even all Ultramontanes, were potential murderers? "Communion with Rome," he said at the same time, "is dearer to me than life." He concluded his letters in dignified and moving sentences, which made a deep and just impression upon Catholics and Protestants alike. "It would be well if men had never fallen into the temptation of suppressing truth and encouraging error for the better security of religion. Our Church stands, and our faith should stand, not on the virtues of men, but on the surer ground of an institution and a guidance that are divine. I should dishonour and betray the Church if I entertained a suspicion that the evidence of religion could be weakened or the authority of councils sapped by a knowledge of the facts with which I have been dealing, or of others which are not less grievous or less certain because they remain untold." It was not to be supposed that this language would give satisfaction to the dominant party in the Church of Rome, which had already been much tried by Lord Acton's energy behind the scenes during the Vatican Council. An apology which was more injurious than the attack added fuel to the flames. "If I am excommunicated," he wrote to Mr. Gladstone from Aldenham on the 19th of December 1874, "I should rather say when I am." Yet he was not. He satisfied his bishop, Browne of Shrewsbury, that he was dogmatically sound, and that it would have been inconsistent with his argument to attack the Vatican decrees. He had indeed accepted them as the foundation of his case. What he wanted to show was that neither the Jesuits nor the Inquisition, neither false doctrines nor bad Popes, had made Catholics indifferent to the moral law. Manning, now a Cardinal, was not so easily contented as Bishop Browne, or as Bishop Clifford, who also absolved Lord Acton. His haughty and commanding temper had been stimulated by promotion, and by the favour of the Pope. It was one of his most cherished aims to humble the pride of the old Catholic families, and make them feel the discipline of the Church. He wrote three letters to Lord Acton, and received, it need scarcely be said, the most courteous replies, which left him as wise as he was before. But he went no further, and the correspondence was never published. Manning was not without prudence, and he shrank from proceeding to extremities with a man whose intellect was as keen as his, and whose knowledge was vastly superior. It would not have cost Lord Acton much research to produce a summary account of the Inquisition, or a biographical sketch of selected Popes, which would have done more to prove the soundness of his position than to edify the Christian world. The new cardinal, if he had indulged in an historical controversy with "Quirinus," might have emerged from it with less credit to himself than amusement to the learned society of Europe. For these, or for other reasons, he concluded to leave Lord Acton alone.
Henceforth, Lord Acton abandoned theological polemics, and devoted himself to his true life, the life of a student. He loved truth too much to love controversy for its own sake, and he was conscious that, though he had escaped penalties, orthodox Catholics would not receive his arguments without prejudice. Mr. Gladstone wrote another pamphlet, in which, while maintaining his own position, he accepted the loyal assurances of the Catholics as sincere, and with that the controversy ceased. But in June 1876 Lord Acton wrote him a private letter, which contains the clearest statement of his own opinion upon Ultramontanism and Ultramontanes. "I have tried in vain," he wrote, "to reconcile myself to your opinion that Ultramontanism really exists as a definite and genuine system of religious faith, providing its own solutions of ethical and metaphysical problems, and satisfying the conscience and the intellect of conscientious and intelligent men. It has never been my fortune to meet with an esoteric Ultramontane – I mean, putting aside the ignorant mass, and those who are incapable of reasoning, that I do not know of a religious and educated Catholic who really believes that the See of Rome is a safe guide to salvation… In short, I do not believe there are Catholics who, sincerely and intelligently, believe that Rome is right and that Döllinger is wrong. And therefore I think you are too hard on Ultramontanes, or too gentle with Ultramontanism. You say, for instance, that it promotes untruthfulness. I don't think that is fair. It not only promotes, it inculcates, distinct mendacity and deceitfulness. In certain cases it is made a duty to lie. But those who teach this doctrine do not become habitual liars in other things."
With this plain and straightforward language we may leave Lord Acton as a theologian, and pass to other aspects of his busy life. His great work should have been, and was intended to be, a History of Liberty. For that purpose his library at Aldenham was collected, and to frame different definitions of liberty was one of his favourite pastimes. He loved liberty with all the ardour of Milton, and investigated it with all the science of Locke. Even Liberalism, which may be thought an inferior thing, was with him "the beginning of real religion, a condition of interior Catholicism" (Acton to Gladstone, March 22, 1891). This History was never written, nor even begun. All that there is of it, all that there ever was of it, except books and notes, materials for others to use, consists of two lectures delivered at Bridgnorth in the year 1877. One was called "The History of Freedom in Antiquity," and the other "The History of Freedom in Christianity." These lectures are exceedingly rare, and the only copies I have seen are in the British Museum. If the audience listened to them with pleasure, and absorbed them with ease, they had intellects of unusual calibre, and employed them to the best advantage. Read carefully and at leisure, they are full of suggestion and of insight. Their fault is that, in homely phrase, they pour a quart of liquor into a pint pot. They are so much crowded with names and references, that to follow the chief thread of the argument is made needlessly hard. "It would be easy," the Bridgnorth Institute was told, "to point out a paragraph in St. Augustine, or a sentence of Grotius, that outweighs in influence the Acts of fifty Parliaments; and our case owes more to Cicero and Seneca, to Vinet and Tocqueville, than to the laws of Lycurgus, or the five codes of France." The sentence and the paragraph should have been pointed out. Something should have been said, if not about Vinet and Tocqueville, at least about Cicero and Seneca. A geographer may have too many names in his map, and a learned man may condense his knowledge until it has no meaning for those who know less than himself. But, on the other hand, these lectures contain passages at once lucid and worth their weight in gold, which could only have come from a mind at once acute, meditative, and well stored. Such, for instance, is the declaration, "By liberty I mean the assurance that every man shall be protected in doing what he believes his duty against the influence of authority and majorities, custom and opinion." "Liberty," proceeds the lecturer, "is not a means to a higher political end. It is itself the highest political end… A generous spirit prefers that his country should be poor, and weak, and of no account, but free, rather than powerful, prosperous, and enslaved. It is better to be the citizen of a humble commonwealth in the Alps than a subject of the superb autocracy that overshadows half of Asia and of Europe." This will seem a hard saying to many, and it is indeed far removed from the sensual idolatry of mere size that vulgarises modern Imperialism. But it was with Lord Acton a fundamental principle, and it is not the size of Periclean Athens, or of Elizabethan England, which made them imperishably great. "It is bad to be oppressed by a minority, but it is worse to be oppressed by a majority." Worse, because more desperate, with less hope of rebellion, or escape. We must look, Lord Acton warns us, to substance and essence, not to form and outward show. The martyrdom of Socrates was the act of a free Republic, and it was Caæsar who liberated Rome from the tyranny of Republican institutions. The fault of the classical State was that it tried to be Church and State in one, and thus infringed upon individualism by regulating religion. The three things wanting in ancient liberty were representative government, emancipation of slaves, and freedom of conscience. In Christian times Thomas Aquinas anticipated the theory of the Whig Revolution. The worst enemy of freedom in modern times was that mock hero of sham greatness, Louis Quatorze. The only known forms of liberty are Republics and Constitutional Monarchies. "It was from America that the plain ideas that men ought to mind their own business, and that the nation is responsible to Heaven for the acts of the State, ideas long locked in the breast of solitary thinkers and hidden away in Latin folios, burst forth like a conqueror upon the world they were destined to transform under the title of the Rights of Man." Ever since his visit to America in the days of President Pierce, if not before, Acton had made a special study of the American Constitution in its strength and its weakness, in the amplitude of its safeguards, and in its fatal want of elasticity. A Monarchy cannot be too constitutional. But a too constitutional Republic is a difficult machine to work. England, said a French critic, is a Republic with an hereditary President: the United States are a Monarchy with an elected King.
From this time forward Lord Acton wrote less, and read, if possible, more. Dr. Shaw's careful Bibliography, my obligations to which I have already acknowledged, contains nothing between 1877 and 1885 except a review of Sir Erskine May's "Democracy in Europe" for the Quarterly of January 1878. Sir Erskine May, the well-known Clerk of the House, was a pleasant and popular writer, who dealt largely in generalisations, and sometimes condescended to platitudes. He was an earnest Liberal, though his office imposed some restraint upon his opinions, and it is creditable to the impartiality of the late Sir William Smith that he should have allowed a Liberal critic to deal with a Liberal author in the traditional organ of Conservatism. He certainly had his reward. For it would be difficult to find in the Quarterly Review from the days of Gifford and Southey to our own an article of more fascinating interest and more solid value than this masterly essay, which its author never took the trouble to republish. Notwithstanding Lord Acton's minute and conscientious accuracy in points of detail, he is always best and most characteristic in broad, luminous inferences from large masses of history and long periods of time. He contented himself on this occasion with a few civil remarks about the public servant who made so industrious a use of his leisure, and devoted the rest of his space, which was far too small, to a comparison or contrast of democracy with freedom. He showed that for eleven hundred years, from the first Constantine to the last, the Christian Empire was as despotic as the pagan; that it was Gregory the Seventh who made the Papacy independent of the empire; that Luther bequeathed as his political testament the doctrines of Divine right and passive obedience; and that Spanish Jesuits, in arguing against the title of Henry the Fourth to the throne of France, had anticipated the doctrines of Milton, Locke, and Rousseau. Passing on, with the ease of a man at home in all periods of history, to the dynastic change of 1688, he described the Whig settlement not as a Venetian oligarchy, but as an aristocracy of freeholders, while from the American rebellion of the following century he drew the moral that a revolution with very little provocation may be just, and a democracy of very large dimensions may be safe. The defect in the principles of 1789 was that they exalted equality at the expense of liberty, and subjected the free will of the individual to the unbridled power of the State.
After 1879 Lord Acton ceased to live at his country house in Shropshire, dividing the months when he was not in London between Germany and the Riviera. Besides his great Library at Aldenham, there was a smaller but complete library in each of his three houses. He usually spent the winter at Cannes, and the autumn in Bavaria, at Tegernsee, which belonged to the family of his wife. This cosmopolitan existence was by no means uncongenial to him, and, correspondence apart, he was not cut off from his English friends. Cannes in the season is as much English as French, and when Lord Acton was in London he made the best use of his time. The hours he spent in reading were so disposed that he could enjoy at the close of the day the sort of society he liked best. He was a member of Grillions, and of The Club. He knew almost everybody worth knowing, and no one so fond of study was ever more sociable. But, as these letters show, the man whom above all others he esteemed and revered was Mr. Gladstone. Mr. Gladstone, with characteristic humility, always deferred to Lord Acton's judgment in matters historical. On the other hand, Lord Acton, the most hypercritical of men, and the precise opposite of a hero-worshipper, an iconoclast if ever there was one, regarded Mr. Gladstone as the first of English statesmen, living or dead. The reason for this opinion will be found in the following pages. The opinion itself is not the less important because Lord Acton was in many respects cautious to a fault, and had little of the enthusiasm which sustained his idol. Except Döllinger, "the glory of Catholic learning," as Mr. Bryce well calls him, there was no other contemporary for whom Lord Acton felt unqualified reverence. Mere oratory had not much effect upon him, even if it were John Bright's or the Duke of Argyll's. Admiring, as he could not but admire, the charm and power of Newman's style, he considered Newman himself to be a "sophist, the manipulator, and not the servant, of truth." Knowing Mr. Gladstone from the inside, as few outside his own family knew him, he felt his simplicity as well as his greatness, and realised that he had no object except to learn what was true, and to do what was right. In politics there was no difference between the two men, unless it were that Lord Acton could never quite forgive Mr. Gladstone's eulogistic tribute to the memory of Lord Beaconsfield. Even in religion that which divided them was small indeed when compared with that which united them. Lord Acton was as staunch a believer in religious liberty as any Protestant, and no Catholic could desire more fervently the reunion of Christendom. In politics, as I have said, the sympathy was complete. Unlike most Catholics, Acton had been in favour of Italian independence, so dear to Mr. Gladstone's heart. He had always belonged to the school of Liberals who put the rights of the individual above the claims of the State, and he had as little liking for Socialism as Mr. Gladstone himself. He held in utter detestation the foreign policy of Lord Beaconsfield, and that temper of mind which goes by the cant term of "Jingoism." No one rejoiced more heartily over the Liberal victory of 1880, or attributed it more exclusively to Mr. Gladstone. No one worked harder to keep him at the head of the Liberal party, and no one can have foreseen more clearly the disastrous consequences of his final retirement. Perhaps the nearest approach to a schism between Lord Acton and his political chief was that each had a favourite novelist, and that neither would acknowledge the transcendent merits of the rival. Lord Acton was unjust to Scott. Mr. Gladstone underrated George Eliot. Lord Acton's estimate of George Eliot may be found in some of the ensuing letters, and in the Nineteenth Century for March 1885. This article, one of the most elaborate Lord Acton ever wrote, was translated into German, and, so far as the general public were concerned, might as well have appeared in that language at first. It is an extreme and provoking instance of the writer's passion for condensation, reference, and innuendo. It is well worth the trouble of reading, although fiction is not the province in which Lord Acton's opinion was most valuable. But the trouble is due to congested sentences, and might easily have been spared.
When in 1886 Mr. Gladstone made his great attempt to settle the Irish question by Home Rule, Lord Acton gave him a zealous and cordial support. Although, as we have seen, he was far from holding the doctrine of nationality in an unqualified form, he had grasped for many years with increasing strength the conviction that Ireland could be orderly and peaceably governed by Irishmen alone. So far back as October 1881, when the Liberal Government and the Land League were in open hostility, and Mr. Parnell was arrested under the Coercion Act, he wrote, "The treatment of Home Rule as an idea conceivably reasonable (in the speech at Leeds) which was repeated at the Guildhall, delighted me." There were not many readers besides Lord Acton who discerned at that time the trend of Mr. Gladstone's ideas. But a very few months later, in February 1882, Mr. Gladstone, speaking on the Address, used language of a much more significant kind, to Lord Acton's great delight. "I have long wished," he wrote on the 20th of February, "for that declaration about self-government… The occasion last week gave extraordinary weight to the words… The risk is that he may seem to underrate the gravity of a great constitutional change in the introduction of a federal element." Lord Acton, it will be observed, much as he desired the change, did not ignore its risks, or even its perils. When the decisive moment came, which Mr. Morley has described with so much eloquence and power ("Life of Gladstone," vol. iii. pp. 311-12), Lord Acton sounded a note of warning in the midst of his felicitations. "From the point of view of the ages," he wrote on the 18th of March 1886, "it is the sublime crown of his work, and there is a moral grandeur about it which will, I hope, strengthen and console him under any amount of difficulty, and even disaster." It was this faculty of seeing the case against his own most deeply cherished principles and predilections which made Lord Acton so valuable a friend and counsellor to Mr. Gladstone. Mr. Gladstone's splendid enthusiasm, and indomitable optimism, sometimes led him to ignore obstacles against which he might have provided. Acton, whose temperament was critical, as his mind was judicial, pointed out, with the sincerity of true friendship, though with unfailing tact, the clouds above, and the rocks ahead. No man admired Mr. Gladstone more. No man flattered him less.
The following letter to Mrs. Drew expresses his opinion at the time, and also the judgment of a distinguished Italian statesman who was always friendly to England: —