It was a favourite argument of the voluntaries that an established church could not be a free church; it was subject to the authority of the state, and could not be free, as the nonconformists were, to obey its divine Head in all things. This position Chalmers and his friends resolutely denied. The alliance between church and state was an alliance between two independent powers, each of which was supreme in its own department. In forming a connection with the state, the church did not surrender one particle of its independence; it remained as free as ever to follow the guidance of its divine Head in every point where He had expressed His will. Nay, this freedom was expressly secured by the statutes of the realm. It knew to its cost how eager the rulers of the country had often been to deprive it of its freedom, and at every important crisis of its history, when it renewed or revised its alliance with the state, it had taken care that its freedom should be expressly conceded. It was while the voluntary controversy was at its height that the collision between the civil and ecclesiastical courts became acute, for this very question, the independence and freedom of the church, was the great bone of contention. When the decisions of the Court of Session and the House of Lords were given, it became only too apparent that, in the judgment of the civil courts, the church did not possess the independence it had claimed. This was a dreadful, a shattering blow to Dr. Chalmers, and when it was authoritatively declared, notwithstanding all his intense partiality for an established church, he at once severed his alliance with the state. The main ground on which he acted was, that a church enthralled to the state could never be that beneficent instrument, that powerful moral agent, for which he valued it,--could never be the means of training the people in those holy ways, those high moral and spiritual habits, on which their highest welfare depended.
It was partly in order to advance his church-extension scheme, but more especially to maintain the true theory of a church establishment, and the church's independence in its union with the state, that he delivered in the Hanover Square Rooms, London, in April and May 1838, that series of lectures on the 'Establishment and Extension of National Churches' which raised his fame as an orator to its very highest pitch. 'Nothing,' wrote the late Dr. Begg, who accompanied him, 'could exceed the enthusiasm which prevailed in London. The great city seemed stirred to its very depths.' At the fourth and fifth lectures, an American clergyman who was present wrote that he found the room densely packed long before the hour, and evidently for the most part by the higher classes. 'Dukes, marquises, earls, viscounts, barons, baronets, bishops, and members of Parliament were to be seen in every direction. After considerable delay and impatient waiting, the great charmer made his entrance, and was welcomed with clappings and shouts of applause that grew more and more intense till the noise became almost deafening.' 'The concluding lecture,' says Dr. Hanna, 'was graced by the presence of nine prelates of the Church of England. The tide that had been rising and swelling each successive day now burst all bounds. Carried away by the impassioned utterance of the speaker, long ere the close of some of his finest passages was reached, the voice of the lecturer was drowned in the applause, the audience rising from their seats, waving their hats above their heads, and breaking out into tumultuous approbation.'
An event that somewhat disturbed the line of Dr. Chalmers's argument for the freedom of the church had taken place just before he left Edinburgh. On the 8th March 1838, the Court of Session, in giving judgment on the famous Auchterarder case, found the veto law of the church to be illegal and _ultra vires_, and began to take steps for the reversal of all that the church had done in connection with it. The judgment had not become final, for it was subject to appeal to the House of Lords, and in his lectures Dr. Chalmers made no reference to it. But when, in 1839, the House of Lords affirmed the decision of the lower court, and when Lords Brougham and Cottenham, in expressing their views, scouted alike the principle of the veto and of the independence of the church (although Lord Brougham had at one time strongly commended the veto), Dr. Chalmers made a full statement of his views in the General Assembly. Before that time he had been disposed to think that if the judgment of the Court of Session should be affirmed by the Lords, the best course for the church would be to give up the veto, reserving power to judge of each case by itself, and act accordingly.