had already been declared
illegal; a position which should have simply led to an address to the
crown to cause the statutes to be enforced. Lord John Russell agreed
that it was desirable to suppress these institutions, and all similar
societies; but he intimated that government could not approve of some
of the modes of doing so which were now proposed. He thought that the
effect of these societies, however good their motives might be, were
injurious: by their existence, whether founded upon religion or not,
a distinction was made between them and some other part of the king's
subjects, who formed! themselves into counter societies, with other
names and distinctions; and thus a perpetual and ever-recurring source
of disunion, disaffection, quarrels, and bloodshed was created. At the
same time, though it might be clear that it was desirable to get rid of
this and all other societies of the like nature, whether known as Orange
or Riband societies, or by any other name, it was by no means so clear
how that object was to be attained. The report of last year by the
committee on Orange lodges, stated that the existing statutes, if put in
execution, would be adequate for their suppression, as well as that of
all other societies of the like nature. He had discussed this question
with the attorney and solicitor-general; and they declared that,
without looking most carefully into the subject, they could not venture
absolutely to pronounce an opinion as to their legality or illegality.
The government, therefore, were of opinion that if the several penal
statutes already in force did not contain clear enactments against this
offence, it was not proper for them to seek some meaning in the law,
which would be construed by others into a straining of the provisions of
the law, and make it doubtful whether they had not forced the meaning
of an enactment, in order to procure a condemnation of the societies in
question. Even if they could have discovered that, although the Orange
societies had contrived to evade the law in some points, they had yet
contravened it in others, and could have obtained a conviction against
them, he thought it would be mischievous to the general liberty of the
subject to attempt giving a strained interpretation. In 1822, it was
held by Lord Gifford and other eminent lawyers, that Orange societies
were not held to come within the meaning of the law; and, therefore,
if they came at present within the terms of any ac