THE OATH QUESTION

(TO CANADIAN FREETHINKERS.)

As this Pamphlet will be widely circulated throughout Canada (especially

Ontario), it will come into the hands of most Canadian Freethinkers, and

I have therefore thought this an opportune time to bring this question,

in which we are all so deeply interested, before the Freethinkers of

Canada, and urge upon them the necessity of agitation for reform. The

time has come, I think, for action in petitioning Parliament to remove

the serious and most unjust disabilities under which we, as a class, are

now placed, and thus have equal rights extended to all citizens. As the

law now stands we are deprived of our rights in the courts, and the ends

of justice are often defeated, not only to our detriment but that of

Christians themselves. If the presiding judge choose to adhere to the

strict letter of the law the testimony of Atheists is refused. It is

very easy to see how the gravest injustice could be inflicted upon

Freethinkers and Christians alike under this unjust law. A Freethinker

may be the only witness to a case involving the interests of a

Christian, or he may be the only witness for himself as against a

Christian; and by his not being eligible as a witness the ends of

justice are defeated. Or an unscrupulous believer may claim that he is

a Freethinker to get rid of giving evidence altogether. It is true there

seems to rest with the Judges a large amount of discretionary power as

to whom they will or will not accept to give evidence; and the majority,

perhaps, of our Canadian Judges exhibit a commendable spirit of

liberality in the matter of accepting the testimony of Freethinkers. But

occasionally one is to be met with, too full of religion and bigotry to

recognize our rights or extend any discretion in our favor. In the

city of Toronto, a few months ago, the testimony of two respectable

and intelligent witnesses was refused because they did not believe

the dogmas of the popular religion.* As an offset to this, however, an

Ottawa-Judge recently showed his fairness and liberality by allowing

a Juryman Freethinker, who declined to take the oath, to make an

affirmation. The Grand Juror referred to, Mr. John Law, of Ottawa, is

described as-a gentleman of "unimpeachable honor and probity," and

hence his simple affirmation being, as he stated, fully binding on his

conscience, would, or certainly ought to, have more weight than the

oaths of many witnesses (believers) who are taken into the witness box.

The presiding Judge, doubtless, so regarded the matter, and therefore,

in his discretion, magnanimously allowed Mr. Law to affirm.

In England, under "The Evidence Amendment Act" of 1869,32* and 33 Vic,

c. 68, s. 4, Atheists can make the following affirmation instead of

taking the Christian oath, and the Court must allow all Freethinkers to

do so who demand it:

"I solemnly promise and declare that the evidence given by me to the

Court, shall be the truth, the whole truth, and nothing but the truth."

We want a similar Act in Canada, and then Counsel will not be able as

now to badger witnesses about "infidel belief," and turn the court into

an inquisition; nor will a bigoted judge have it in his discretion to

order Atheists down from the witness-box as not fit to give evidence.

At almost every sitting of our courts it is demonstrated beyond a doubt.

that believers in the Bible, who take the oath on that Book, do not

all tell the truth under oath. Every judge and lawyer in the land knows

this, and all know it who have much to do in courts of law. The simple

word or affirmation of an honest man, whether Christian or Infidel, is

better than a thousand oaths of many believers in the Bible, who are

without hesitation taken into the witness-box. Moreover, the Atheist in

making the above affirmation under the Act referred to, is subject to

the same penalties for perjury as the Christian is in taking, the usual

oath. There is, therefore, no good reason why we should! not have

a similar Act here, and it behooves us to begin to move towards its

consummation. Freethinkers are getting numerous in Canada, and they are,

to say the least, as exemplary citizens, socially and morally, as their

Christian neighbors? Why then should they be longer denied equal rights

with their Christian neighbors?

* Since writing this I have been informed by one of the

witnesses alluded to, that no blame can be fairly imputed to

the presiding Judge in this case, as he felt compelled,

against his sympathies, to carry out the unjust law.

In England they still have a State Religion, yet the rights of

Rationalists in this respect are conceded to them. Here we have no

state religion, and yet we suffer under religious disabilities which are

utterly out of keeping with the spirit of the age, and which are fast

being swept away in every civilized country. The Bradlaugh imbroglio

recently in the English House of Commons has had the effect of opening

some people's eyes, especially those conservative Christians who

are still afflicted with lingerings of that bigoted, intolerant, and

persecuting spirit which formerly lighted the fires of Smithfleld,

hung quakers, imprisoned so-called "blasphemers," and violated civil

contracts in the name of God. In the last election in England, a few

months ago, Charles Bradlaugh, the eminent Atheist and Republican, was

elected to the English House of Commons for the borough of Northampton,

and in entering the House he claimed his right, instead of taking the

Parliamentary oath, to affirm under the Act referred to above. The

House at first refused, vacillated, appointed Committees, and vigorously

debated the matter; while the bigoted members at once proceeded to

unbudget themselves in true Christian style against the "vermin"

Atheist. Meanwhile the levelheaded Atheist knew what he was about, and,

as the sequel showed, proved himself more than a match for the English

House of Commons. Meanwhile also, the people of England--the working

classes--were-watching the whole business, and finally when Bradlaugh

was refused both oath and affirmation, and the intention to keep the

Atheist out of Parliament became manifest, they (the people) promptly

came to the front. Just then it began to dawn on "the powers that be"

that _vox populi, vox Dei_ had more truth than poetry in it. The people

of England--the producers--(called "lower classes" by the "upper"

_non_-producers) assembled in scores of thousands in indignation

mass-meetings all over England, demanding the admission of Charles

Bradlaugh (their best friend) to his rightful seat in the English House

of Commons. The aforesaid "powers that be" took the alarm. Seeing that

the "voice of the people" was even more potent than the "voice of God,"

they prudently bowed to its mandate. They perceived that no Clock Tower,

or other tower in England would hold the workingman's friend even for

the space of seven days. Bradlaugh must be released or the House of

Brunswick might peradventure soon be in mourning--not, probably, for

spilled blood, but for a crown, aye, a crown! No wonder the English

Government feared to see Charles Bradlaugh enter the House of

Commons. He had impeached the House of Brunswick. And it was no "soft

impeachment." No, but a terribly hard indictment! Was it ever answered?

No, it was too true to answer. The only answer was from Lord Randolph

Churchill in the House of Commons, and it was characteristic. This rabid

monarchist, with much more Christian zeal than knowledge or discretion,

took Bradlaugh's "Impeachment of the House of Brunswick" and cast it

viciously under his feet on the floor of the House of Commons. That was

the way the "Impeachment" was answered! Well, as Shakspeare says, "let

the galled jades wince!" But the Atheist had his revenge! They had put

him in the Tower, but they very soon let him out. He had been somewhat

accustomed to fighting the English Government, having beaten them twice,

and he feared not. He was imprisoned one day, but released the next.

An Act was speedily passed giving more even than Bradlaugh at first

demanded--giving every member who wishes in future, the right to affirm

instead of taking the Christian Oath. Bradlaugh has accordingly made

his affirmation as he at first demanded, and has taken his seat in the

English House of Commons as M. P. for Northampton,* And now let every

Freethinker throughout the civilized world rejoice, for this is a great

victory for our cause! The eloquent champion of our dearest rights

has achieved a glorious victory on the very threshold of the English

Parliament before he enters it! Let us take courage! The indomitable and

invincible Iconoclast has now attained a position where his voice will

be heard in behalf of liberty and the rights of man the world over! He

is called "coarse" by some over-cultured people, but his coarseness is

of the kind the world needs, and therefore _we_ do not object to it. The

superstitions, and errors, and wrongs, and oppressions still weighing

down our fellow-men need bare-handed ("coarse") handling, without

gloves, and Bradlaugh wears none of these, but fearlessly throws down

the gauntlet to falsehood and oppression whenever and wherever found.

But I fear I am getting a little off the Oath Question here in my

enthusiasm for Charles Bradlaugh, Member of Parliament for Northampton.

* The press of Canada, with very few exceptions, have done

Mr. Bradlaugh a great injustice in connection with the oath

question, as they have (perhaps unintentionally) utterly

misrepresented him. They have charged that he "flaunted his

Atheism before the House of Commons," that he at first

_refused_ to take the oath on conscientious grounds and

subsequently "swallowed his scruples" and offered to take

the oath; and that, therefore, the Atheist is without

conscience and without principle, sacrificing all for place.

Now, this is all utterly untrue. He did not flaunt his

Atheism before the House. He did not _refuse_ to take the

oath, but simply claimed to be allowed to affirm. The

Speaker having intimated to Mr. Bradlaugh that if he desired

to address the House in explanation of his claim he would be

permitted to do so, Mr. Bradlaugh said, "I have repeatedly,

for nine years past, made an affirmation in the highest

courts of jurisdiction in this realm: I am ready to make

such a declaration or affirmation." And subsequently when

Mr. Bradlaugh offered to take the oath, it was after he had

made an explanation that although a portion of it to him was

a meaningless form, yet that the oath as a whole, if he took

it would be binding on his conscience substantially the same

as an affirmation. These are the facts, all taken from

authentic official sources, and not from what bigoted and

prejudiced correspondents have sent us across the ocean. My

authority is the record of the proceedings of the

Parliamentary Committees on the Bradlaugh case, where the

facts I have stated were distinctly brought out in evidence,

to which source I beg to refer the newspapers of this

country and call upon them to make the _amende honorable_ by

setting this matter right before their readers.

In conclusion, I beg to again urge upon my fellow Freethinkers

throughout Canada the necessity of taking such action as will secure

for us our legal rights in the Courts of this country. I trust that the

petitions to Parliament for an Evidence Amendment Act, which we design

ere long to put in circulation, may be numerously signed and diligently

circulated by the liberal friends in the various places to which they

will be sent.

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