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The Pamphlet Collection of Sir Robert Stout: Volume 39

1880

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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 constituency 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 page 4 order to prevent the return, in so pronounced a constituency 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 en-titled 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 constitute the religious faith of Mr. Bradlaugh are understood to constitute 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. page 5 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 entitled 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, cannot be admitted to make an affirmation or declaration instead of an oath in the House of Commons, in persuance of the Acts 29 and 80 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. Massey, 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 page 6 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 page 7 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, page 8 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 page 9 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.")

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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 there-upon served with a writ to recover against him a penalty of £500 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 page 11 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.")