Mr. Bradlaugh makes a public statement of his position with regard to the

oath. He considered he had a legal right to choose between the

alternatives of making an affirmation or taking the oath, and he felt it

clearly his moral duty, in that case, to make an affirmation. The oath

included words which, to him, were meaningless, and it would have been an

act of hypocrisy to voluntarily take this form if any other had been open

to him. He should, taking the oath, regard himself as bound not by the

letter of its words, but by the spirit which the affirmation would have

conveyed, had he been allowed to make it, and as soon as he might be able

he should take steps to put an end to the present doubtful and

unfortunate state of the law and practice on oaths and affirmations.

May 21st.--Amid a tumult of cries from the Conservative benches Mr.

Bradlaugh goes to the table for the purpose of being sworn. Sir H. D.

Wolff objecting, the Speaker requested Mr. Bradlaugh to withdraw. He (the

Speaker) was bound to say he knew of no instance in which a member who

had offered to take the oath in the usual form was not allowed by the

House to do so. Sir H. D. Wolff then moved that Mr. Bradlaugh should not

be allowed to take the oath, alleging against Mr. Bradlaugh his repute as

an Atheist, and his authorship of "The Impeachment of the House of

Brunswick." Mr. Alderman Fowler seconded the motion, stating that he held

in his hand a petition praying the House not to alter the law and the

custom of the realm for the purpose of admitting an Atheist to

Parliament. Mr. Gladstone, in the course of replying, said: "it was not

in consequence of any regulation enforced by the authority of this

House--of a single branch of the legislature, however complete that

authority may be over the members of this House, that the hon. member for

Northampton presents himself to take the oath at the table. He presents

himself in pursuance of a statutory obligation to take the oath in order

that he may fulfil the duty with which, as we are given to understand, in

a regular and formal manner, his constituents have entrusted him. That

statutory obligation implied a statutory right." He moved that it be

referred to a select committee to consider and report for the information

of the House whether the House has any right to prevent a duly-elected

member, who is willing to take the oath, from doing so. A long debate

ensued, characterised by the fierceness with which Mr. Bradlaugh's

admission to Parliament was opposed. Mr. John Bright, however, asked if

the House were entitled thus to obstruct what he called the right of a

member to take his seat on account of his religious belief, because it

happened that his belief or no belief had been openly professed, what

reason was there that any member of the House should not be questioned as

to his beliefs, and if the answer were not satisfactory that the House

should not be at liberty to object to his taking his seat? After two or

three adjournments of the debate the Premier's amendment was virtually

withdrawn, and a motion by the Attorney-General was carried to the effect

that a committee should be appointed to report whether it was competent

to the House to prevent Mr. Bradlaugh, by resolution, from taking the

oath.

May 28th.--Committee nominated--twenty-three members.

Mr. Labouchere gives notice to ask leave to bring in a Bill to amend the

law of Parliamentary Oaths, to provide that any member may, if he desire,

make a solemn affirmation in lieu of taking the oath.

June 2nd.--Mr. Bradlaugh gives evidence before Select Committee, in the

course of which he said: "I have never at any time refused to take the

oath of allegiance provided by statute to be taken by members; all I did

was, believing as I then did that I had the right to affirm, to claim to

affirm, and I was then absolutely silent as to the oath; that I did not

refuse to take it, nor have I then or since expressed any mental

reservation, or stated that the appointed oath of allegiance would not be

binding upon me; that, on the contrary, I say, and have said, that the

essential part of the oath is in the fullest and most complete degree

binding upon my honor and conscience, and that the repeating of words of

asseveration does not in the slightest degree weaken the binding effect

of the oath of allegiance upon me." [It had been persistently represented

that Mr. Bradlaugh had refused to take the oath.] "Any form that I went

through, any oath that I took, I should regard as binding upon my

conscience in the fullest degree."

June 16th.--The committee report that the compliance by Mr. Bradlaugh

with the form used when an oath is taken would not be the taking of the

oath within the true meaning of the statutes; that if a member make and

subscribe the affirmation in place of taking the oath it is possible by

means of an action in the High Court of Justice, to test his legal right

to do so; and that the committee recommend that should Mr. Bradlaugh

again seek to make and subscribe the affirmation he be not prevented from

so doing. (Majority in favor of his being allowed to affirm--four.)

June 21st.--Mr. Labouchere moved in the House of Commons that Mr.

Bradlaugh be admitted to make an affirmation instead of taking the oath,

seconded by Mr. M'Laren. Sir H. Giffard moved a resolution seeking to

debar Mr. Bradlaugh from both oath and affirmation. Alderman Fowler

seconded, a man who did not believe in a God was not likely to be a man

of high moral character. The majority of the people were opposed to an

Atheist being admitted to Parliament. Many other members spoke. General

Burnaby said the making of the affirmation by Mr. Bradlaugh would pollute

the oath. Mr. Palmer said Mr. Bradlaugh had a legal right with which the

House had no power to interfere. The Attorney-General said he had come to

the conclusion that Mr. Bradlaugh could not take the oath, chiefly on the

consideration that he was a person entitled to affirm. Mr. John Bright

said it was certainly open to any member to propose to take either oath

or affirmation; probably if Mr. Bradlaugh had had any suspicion that the

affirmation would have been refused him, he would have taken the oath as

other members take it--very much, he was afraid, as a matter of form.

Debate adjourned.

June 22nd.--Mr. Gladstone said that the House, by agreeing to the

amendment, would probably be entering on the commencement of a long,

embarrassing, and a difficult controversy, not perhaps so much within as

beyond the limits of the House, perhaps with the result of ultimate

defeat of the House. The more he looked at the case the stronger appeared

the arguments which went to prove that in the essence of the law and the

constitution the House had no jurisdiction. In interfering between a

member and what he considered his statutory duty, the House might find

itself in conflict with either the courts of law or the constituency of

Northampton. No doubt an action could not be brought against the House,

but he was not so clear that an action could not be brought against the

servants of the House. He was still less willing to face a conflict with

the constituency. The House had commonly been successful in its

controversies with the Crown or House of Lords, but very different was

the issue of its one lamentable conflict with a constituency.--Sir Henry

Tyler, with execrable taste, dragged in the name of a lady with whom Mr.

Bradlaugh is associated in business. At last, by a majority of 45--the

numbers voting being 275 and 230--another triumph against liberty was

scored.

The _Christian World_ regretted that some Nonconformists helped to swell

the Tory majority.

The _Jewish World_ held it as a reproach to Judaism, that members of

their community should have gone over to the party which once strove to

detain them in bondage.

In 1851, Mr. Newdegate protested against the idea "that they should have

sitting in the House, an individual who regarded our redeemer as an

impostor," and yet Baron de Worms voted with Mr. Newdegate for the

exclusion of a man with whose tenets he disagreed.

The _Whitehall Review_ headed an article "God _v._ Bradlaugh," and said

the majority had "protected God from insult."

June 23rd.--Mr. Bradlaugh again claimed at the table of the House of

Commons to take the oath, and the Speaker having informed him of the

resolution passed the previous evening, requested his withdrawal. Mr.

Bradlaugh thereupon asked to be heard, and after some debate the demand

was complied with.

Mr. Bradlaugh spoke from the bar of the House, asking no favor, but

claiming his right, and warning hon. members against a conflict with

public opinion.

Mr. Labouchere moved, and Mr. Macdonald seconded, the rescindment of the

resolution of the 22nd, which was lost on division.

Mr. Bradlaugh was then recalled and requested to withdraw from the House.

Standing by the table, he said: "I respectfully refuse to obey the order

of the House, because the order is against the law." The raging of the

bigots and Tories recommenced. Mr. Gladstone declined to help them out of

the pit into which they had leapt: "Those who were responsible for the

decision might carry it out as they chose." After a sharp discussion Mr.

Bradlaugh was, on the motion of Sir Stafford Northcote, "committed to the

Clock Tower." In the division the numbers were 274 for and 7 against, the

Radicals having left the House.

June 24th.--On the motion of Sir Stafford Northcote, Mr. Bradlaugh is

released from custody, "not upon apology, or reparation, or promise not

to repeat his offence, but with the full knowledge and clear

recollection of his announcement that the offence would be repeated

_toties quoties_ till his object was effected."

June 25th.--Mr. Labouchere gives notice of motion to rescind the

resolution of the 22nd, and Government agreed to give an early day for

the discussion of the same.

June 28th.--Baron de Ferrieres announced his intention to move that the

seat for Northampton be declared vacant, and that a Bill be brought in

providing for the substitution of an affirmation for the oath at the

option of members. Mr. Wyndham (Conservative) asked Mr. Gladstone whether

the Government would bring in a Bill to remove all doubts as to the legal

right of members to make a solemn affirmation. Mr. Gladstone said the

Government did not propose to do so, and gave notice for Thursday (1st

July) to move as a standing order that members-elect be allowed, subject

to any liability by statute, to affirm at their choice. Mr. Labouchere

then said he would not proceed with his motion. On another motion,

however, by the same member, leave was given to bring in a Bill for the

amendment of the Parliamentary Oaths and Affirmations, which was read a

first time.

July 1st.--After a futile attempt made by Mr. Gorst to show that Mr.

Gladstone's resolution was a disorderly one, the Premier, in moving it

said, in the course of an extremely fair speech, that the allegation of

members that Mr. Bradlaugh had thrust his opinions upon the House was

untrue. His (Mr. Bradlaugh's) reference to the Acts under which he

claimed to affirm had only been named in answer to a question from the

clerk of the House. Sir Erskine May, in his evidence before the recent

committee, stated that Mr. Bradlaugh simply claimed to affirm.

Sir Stafford Northcote admitted that when Mr. Bradlaugh was called upon

to affirm he was not disrespectful, but firm. He opposed the resolution

as humiliating to the House. Several members protested against any course

for facilitating the admission of Mr. Bradlaugh. General Burnaby stated

that in order to obtain "authoritative" opinions on the matter he had

obtained letters or telegrams from the Moravian body, the Bishop of

London, the Roman Catholic Archbishop of Ossory, the Bishop of Ratho, the

Archbishop of Dublin, the Bishop of Galway, and the Bishop of Argyle and

the Isles, and the Secretary of the Pope of Rome, all of whom expressed

themselves in the strongest terms against the admission of an Atheist

into Parliament. Mr. Spurgeon, who was unfortunately from home, had

expressed his opinion strongly adverse to it, and the Chief Rabbi--(loud

laughter)--although refusing to interfere with political questions, felt

very deeply on the subject. (Laughter, and cries of "the Sultan," and

"Shah.")

When the House divided the numbers were 303 for, and 249 against.

July 2nd.--Mr. Bradlaugh takes the affirmation of allegiance, and his

seat.

* * * * *

During the struggle several hundreds of indignation meetings were held in

London and the provinces, and petitions, letters, telegrams, etc., in

immense numbers, poured in upon the Government and the House, in favor of

Mr. Bradlaugh's rights.

* * * * *

July 2nd.--Mr. Bradlaugh gives his first vote, and was thereupon served

with a writ to recover against him a penalty of L500 for having voted and

sat without having made and subscribed the oath, the plaintiff being one

Henry Lewis Clarke, who, as subsequently appeared, was merely the tool of

the actual common informer, Charles Newdigate Newdegate, M.P. This writ

was ready so quickly that, if not issued actually before Mr. Bradlaugh

had taken his seat, it must have been prepared beforehand.

July 8th.--Mr. Norwood asks the first Lord of the Treasury whether,

considering the Government declined to introduce a bill to amend the

Oaths Act, it would instruct the law officers of the Crown to defend the

junior member for Northampton against the suit of the common informer.

Mr. Callan asked whether the Government would remit the penalty. Mr.

Gladstone said no application had been received for remission of the

penalties, and that his reply to Mr. Norwood must be in the negative.

July 14th.--Read first time in the House of Commons, a bill "to

incapacitate from sitting in Parliament any person who has by deliberate

public speaking, or by published writing, systematically avowed his

disbelief in the existence of a supreme being." It was prepared and

introduced by Sir Eardley Wilmot, Mr. Alderman Fowler and Mr. Hicks.

Owing to an informality the Bill could not come on for second reading.

The Rev. Canon Abney, of Derby, speaks of Mr. Bradlaugh as "the apostle

of filth, impurity, and blasphemy."

July 16th.--Parliament indemnifies Lord Byron against an action, he

having sat and voted without being sworn.

July 20th.--Sir Eardley Wilmot gives notice of moving that it is

repugnant to the constitution for an Atheist to become a member of "this

Honorable House." He afterwards postponed his motion.

At a meeting of the Dumfries Town Council, a member said: "If the law

courts should decide that it was legal for an Atheist to sit in the House

of Commons, he should feel it is duty to give notice of petition to

Parliament to have the law altered; he would not allow Mr. Bradlaugh to

go into a hundred acre field beside cattle, let alone the House of

Commons."

The Rev. Chas. Voysey writes, that he feels disgraced by the people of

Northampton electing Mr. Bradlaugh, and declares that "most of the

speeches in the Bradlaugh case in favor of his exclusion, strike me as

singularly good, wholesome and creditable." He repeats the myth of Mr.

Bradlaugh forcing his objections to the oath upon the House.

July 21st.--Sir John Hay, M.P., speaking about Mr. Bradlaugh at New

Galloway, made a most infamous, cowardly, and uncalled for attack on Mrs.

Besant. The _Scotsman_ refused to print the remarks, as "the language was

so coarse that it could hardly have dropped from a Yahoo."

Aug. 1st.--The _Nineteenth Century_ prints "An Englishman's Protest,"

written by Cardinal Manning, personally directed against Mr. Bradlaugh.

Aug. 24th.--Mr. Bradlaugh gives notice that early next session he will

call attention to perpetual pensions.

Sept. 7th.--Parliament prorogued. Hansard credits Mr. Bradlaugh with

about twenty speeches during the Session. (Mr. Newdegate told the

Licensed Victuallers that Mr. Bradlaugh "had made one speech, and proved

himself a second or third-rate speaker.")

1881.

Jan. 6th.--Parliament reopens. Mr. Bradlaugh renews his notice as to

perpetual pensions. Great interest in the question throughout the

kingdom.

Jan. 24th.--Mr. Bradlaugh makes a speech in the House of Commons against

Coercion in Ireland.

Jan. 31st.--Mr. Newdegate, speaking in the House, described Northampton

as an "oasis in the Midland Counties."

Feb. 4th.--Mr. Bradlaugh makes a speech against the second reading of the

Coercion Bill, and concluded by moving that it be read that day six

months.

Feb. 15th.--Date of motion for inquiry into perpetual pensions fixed for

March 15th. (When the day arrived Mr. Bradlaugh, on an appeal from Mr.

Gladstone, allowed the motion to be postponed, in order to allow supply

to be taken. 848 petitions had been presented to the House, with 251,332

signatures in favor of the motion.)

Feb. 17th.--Mr. Dawson, M.P. for Carlow, said that Irish members were

much indebted to Mr. Bradlaugh for what he had done on the Coercion Bill.

Feb. 25th.--Mr. Bradlaugh made final speech against third reading of the

Coercion Bill.

March 7th.--The case of Clarke _v._ Bradlaugh heard by Mr. Justice

Mathew.

March 10th.--Mr. Bradlaugh brought before the House the case of the

imprisoned Maoris.

March 11th.--Judgment in the case given, which was for the plaintiff,

that he was entitled to recover the penalty, subject to appeal. Mr.

Bradlaugh gave notice of appeal.

Mr. Gorst gave notice to move that Mr. Speaker issue his warrant for new

writ for the borough of Nottingham [!].

March 14th.--Upon Mr. Bradlaugh rising to present petitions against

perpetual pensions, signed by over 7,000 persons, Mr. Gorst rose to

order, on the ground that the seat for Northampton was vacant. After

discussion the Speaker called upon Mr. Bradlaugh to proceed with the

presentation of his petitions.

March 15th.--At request of Mr. Gladstone, Mr. Bradlaugh postponed his

motion for enquiry into perpetual pensions.

March 23rd.--Mr. Bradlaugh moved the Court of Appeal to expedite the

hearing of his appeal, and also to expedite the trial of the issues in

fact. The Court gave the appeal priority over other cases.

March 28th.--Mr. Bradlaugh made his last speech in the House against

flogging in the Army.

March 30th.--Appeal heard.

March 31st.--Judgment given against the defendant. Plaintiff not yet

entitled to execution, but seat vacated, Mr. Bradlaugh undertaking not to

appeal so far as the affirmation was concerned.

Mr. Bradlaugh again seeks the suffrages of the electors of Northampton.

April 6th.--The Tories serve notice on the Mayor not to accept Mr.

Bradlaugh's nomination, which the Mayor disregarded. Mr. Edward Corbett

nominated by Tories.

April 9th.--Mr. Bradlaugh re-elected by 3,437 votes to Corbett 3,305.

April 26th.--Mr. Bradlaugh, accompanied by Mr. Labouchere and Mr. Burt,

came to the table of the House, and, "the book" having been handed to

him, was about to take the oath when Sir Stafford Northcote interposing,

he was requested to withdraw, in order that the House might consider the

new conditions under which the oath was proposed to be taken. Mr.

Bradlaugh withdrew to the bar of the House, and Sir Stafford Northcote

moved that he be not allowed to go through the form of taking the oath.

Mr. Davey moved and Mr. Labouchere seconded an amendment to the effect

that where a person who had been duly elected presented himself at the

table to take the oath he ought not to be prevented from doing so by

anything extraneous to the transaction. Other members spoke, and Mr.

Bright regretted "the almost violent temper with which some hon.

gentlemen came to the consideration of the question."

Mr. Bradlaugh, speaking at the bar, claimed that his return was

untainted, that it had not been brought about by the Liberal party, but

by the help of the people, by the pence of toilers in mine and factory.

He begged the House not to plunge into a struggle with him, which he

would shun. Strife was easy to begin, but none knew where it would end.

There was no legal disqualification upon him, and they had no right to

impose a disqualification which was less than legal.

Mr. Gladstone made a lengthy and fine speech in favor of Mr. Bradlaugh,

the text of which was Mr. Bradlaugh's own words given above as to

imposition of a new disqualification; on a division, however, the bigots

again had it.

Mr. Bradlaugh again stepped to the table, and demanded the administration

of the oath, refusing to obey the Speaker's order to withdraw. Sir

Stafford Northcote asked the Prime Minister whether he proposed to offer

the House any counsel. Mr. Gladstone said he should leave it to the

majority to carry out the effects of their vote. Eventually the Speaker

called upon the Sergeant-at-Arms to remove Mr. Bradlaugh, who during the

debate had been standing at the table. Mr. Bradlaugh withdrawing with the

Sergeant three times to the bar, as often returned to the table. After

further passages at arms between Mr. Gladstone and Sir Stafford

Northcote, the House adjourned.

April 27th.--Mr. Bradlaugh again found at the table of the House claiming

to be allowed to take the oath. At the bidding of the Speaker the

Sergeant-at-Arms again caused Mr. Bradlaugh to withdraw to the bar, where

he remained during the discussion which followed.

Mr. Labouchere asked the Prime Minister whether he would give him

reasonable facilities to introduce his Affirmation Bill, if so Mr.

Bradlaugh would not interfere with the resolution passed last night.

Mr. Gladstone said the giving facility for that purpose, meant the

postponement of very serious and very urgent business, and he had no

assurance as to the disposition of the House. He could not see his way to

consent if it was to be an opposed Bill. After further discussion,

however, Mr. Gladstone said it might be possible to test the feeling of

the House by one or more morning sittings.

April 29th.--Mr. Gladstone announces the intention of the Government of

bringing in a bill amending the Parliamentary Oaths Act.

May 2nd.--The Attorney-General moved that the House resolve itself into

committee with a view of his asking leave to introduce the Bill. Debate

on motion adjourned to the 5th with the view of fixing the time on the

6th, when the discussion should be resumed.

Mr. MacIver gave notice to ask the Prime Minister whether he was prepared

to reconsider his decision of last session, and will introduce "a short

measure" for the partial disfranchisement of Northampton. (The question

was never put.)

May 6th.--Further obstruction of the Bigots.

May 10th.--After 1.15 a.m. the Government proposed a morning sitting for

that day (Tuesday), to discuss the introduction of their Bill. Further

obstruction, wrath, and bitterness, and the Government abandoned the

intention to hold a morning sitting.

At the afternoon sitting a resolution was arrived at, which authorised

the Sergeant-at-Arms to prevent Mr. Bradlaugh from entering the House.

Lord Selborne (Lord Chancellor) in reply to a letter relative to Mr.

Bradlaugh and the oath, says equal justice is due to Christian and

infidel; he saw no possibility of refusing to afford by legislation to

all who scruple to take the oath, the same option in Parliament as they

have in courts of law, to make an affirmation.

May 25th.--Mr. Newdegate formally blocked the Bill, of which Mr.

Labouchere gave notice, for indemnifying Mr. Bradlaugh against penalties

for having sat and voted on affirmation.

June 19th and 20th.--The common informer's action tried at _Nisi prius_

before Mr. Justice Grove. Verdict against Mr. Bradlaugh for penalty and

costs.--_Rule nisi_ for new trial afterwards, granted by Justices Grove

and Lindley; this rule was made absolute by Justices Denman and Hawkins,

but was set aside by Lords Justices Brett, Cotton and Holker.

* * * * *

Mr. Bradlaugh appeals to the country. The country answers.

* * * * *

The True Story of My Parliamentary Struggle · 第 10 / 11 段