CONSt.i.tUTIONAL STRUGGLE:

A REGISTER OF EVENTS

_Which have occurred since April 2nd, 1880._

BY

W. MAWER.

"No, not an oath....

Swear priests, and cowards, and men cautelous, Old feeble carrions and such suffering souls That welcome wrongs; unto bad causes swear Such creatures as men doubt; but do not stain The even virtue of our enterprise, Nor the insuppressive metal of our spirits, To think that or our cause or our performance Did need an oath."--_Julius Caesar_, Act II., Scene 1.

[Ill.u.s.tration]

LONDON: FREETHOUGHT PUBLISHING COMPANY 63, FLEET STREET, E.C.

1883.

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LONDON: PRINTED BY ANNIE BESANT AND CHARLES BRADLAUGH, 63, FLEET STREET E.C.

THE LATEST

CONSt.i.tUTIONAL STRUGGLE.

1880.

April 2nd.--After twelve years' fight and three repulses, Mr. Charles Bradlaugh is elected member of Parliament for Northampton. The polling was as follows:--

Labouchere (L.) 4,158 Bradlaugh (R.) 3,827 Phipps (C.) 3,152 Merewether (C.) 2,826

The _Weekly Dispatch_ said: Mr. Bradlaugh's achievement of the position he has been aiming at so long and so zealously is a notable sign of the times. Whatever his critics may think of him, he will enter Parliament as the representative of a vastly larger const.i.tuency than the whole electorate or the whole population of Northampton.

The _Birmingham Daily Mail_: Mr. Bradlaugh holds extreme views on some subjects, but he will none the less be a useful man in Parliament, his unflinching courage in the exposure of abuses being unquestionable.

The _Standard_: Mr. Bradlaugh, now that he has got to the House of Commons, is not likely to efface himself in speechless obscurity.

The _Southampton Times_: The most signal and portentous triumph is that which has been achieved by Mr. Bradlaugh. His election shows what the unity of the Liberal party must have been.

The _Christian World_: His contributions to the discussions of the House may not be without value.

During the election Mr. Samuel Morley telegraphed to Mr. Labouchere as follows: I strongly urge necessity of united effort in all sections of Liberal party, and the sinking of minor and personal questions, with many of which I deeply sympathise, in order to prevent the return, in so p.r.o.nounced a const.i.tuency as Northampton, of even one Conservative.

April 15th.--Mr. S. Morley, speaking at Bristol said, respecting his telegram to Northampton: He made no reference to candidates, nor did the friend who wrote the telegram go into detail, but he advised union. Those who had known him all his life would believe that he viewed with the intensest repugnance the supposed opinions, both social and religious, of one of the candidates. Afterwards, writing to the _Record_, Mr. Morley said he deeply regretted his telegram.

The _Weekly Dispatch_, commenting on Mr. Morley's conduct, said: Let the bigots who have taken him to task for his temporary aberration from the path of pharisaism make what they can of his pitiful excuse. Other people can only regret that a man so useful in many ways, both as a politician and a philanthropist, should show himself so narrow-minded.

The _Edinburgh Evening News_: In their disappointment, the defeated party have eagerly caught at the election of Mr. Bradlaugh as supplying the most pungent taunt that can be thrown at their victorious opponents.

The _Sheffield Telegraph_: Bradlaugh is an M.P. ... the bellowing blasphemer of Northampton.

Mr. Bradlaugh announces that he considers he is legally ent.i.tled to avail himself of the Freethinkers' affirmation, and that there is some reason to hope that other members will join him in that course.

April 17th.--_Sheffield Independent's_ "London Correspondent" says: Tenets which const.i.tute the religious faith of Mr. Bradlaugh are understood to const.i.tute an insuperable difficulty in the way of his being sworn a member of "the faithful Commons."

April 29th.--Parliament opens.

May 3rd.--At the table of the House Mr. Bradlaugh handed in a written paper to the Clerk of the House; on this were written the words: "To the Right Honorable the Speaker of the House of Commons. I, the undersigned Charles Bradlaugh, beg respectfully to claim to be allowed to affirm, as a person for the time being by law permitted to make a solemn affirmation or declaration, instead of taking an oath. Charles Bradlaugh." Asked if he desired to state anything to the House, Mr. Bradlaugh said: I have to submit that the Parliamentary Oaths Act, 1866, gives the right to affirm to every person for the time being permitted by law to make affirmation.

I am such a person; and under the Evidence Amendment Act, 1869, and the Evidence Amendment Act, 1870, I have repeatedly, for nine years past, affirmed in the highest courts of jurisdiction in this realm. I am ready to make the declaration or affirmation of allegiance.

At the request of the Speaker Mr. Bradlaugh then withdrew, in order that the House might consider the claim, and Lord F. Cavendish, urging that it would be manifestly inconvenient that when any hon. member had applied to take his seat in the House, any unnecessary delay should intervene, moved the appointment of a committee of inquiry which should lay before the House the material on which the House itself should found its decision. Sir Stafford Northcote seconded. Several other members spoke, and Mr. Beresford Hope said that the grievance of one man was very little compared with a great principle; at present the House of Commons was only a half-hatched chicken. The committee was then agreed to.

May 11th.--Appointment of committee carried by 171 votes against 74, after a two hours' debate.

May 20th.--The committee report: "that in the opinion of the committee, persons ent.i.tled under the provisions of 'the Evidence Amendment Act, 1869,' and 'the Evidence Amendment Act, 1870,' to make a solemn declaration instead of an oath in courts of justice, can not be admitted to make an affirmation or declaration instead of an oath in the House of Commons, in persuance of the Acts 29 and 30 Vict., c. 19, and 31 and 32 Vict., c. 72."

The draft report, proposed by the Attorney-General, was to the effect that "persons so admitted," etc., _may be_ admitted, etc. This was lost by the casting vote of the chairman (Mr. Walpole), the other members of the committee voting as follows. Ayes: Mr. Whitbread, Mr. John Bright, Mr. Ma.s.sey, Mr. Sergeant Simon, Sir Henry Jackson, Mr. Attorney General, Mr. Solicitor-General, Mr. Watkin Williams. Noes: Sir John Holker, Lord Henry Lennox, Mr. Staveley Hill, Mr. Grantham, Mr. Pemberton, Mr.

Hopwood, Mr. Beresford Hope, Mr. Henry Chaplin.

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 pet.i.tion 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 const.i.tuents 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 ent.i.tled 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 a.s.severation 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 G.o.d 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 ent.i.tled 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.