THE PARLIAMENTARY STRUGGLE.
| Chronological Summary. |
| 1880 |
April |
2. |
Bradlaugh elected (with Mr Labouchere) for Northampton. |
| |
May |
3. |
Asked to be allowed to make affirmation of allegiance. A Select
Committee agreed to be appointed to consider his claim. |
| |
|
12. |
Committee of 17 appointed. |
| |
|
20. |
Committee reported, by casting vote of Chairman, against the claim to affirm. Bradlaugh announces his intention to take the oath. |
| |
|
21. |
Presented himself at the table of the House to do so. Motion
made that he be not permitted. Amendment moved by
Mr Gladstone, that the claim to take the oath be referred
to a Select Committee, carried by 289 votes to 214. |
| |
|
28. |
Committee of 23 appointed. |
| |
June |
2. |
Bradlaugh examined by Committee. |
| |
|
16. |
Committee reported that Bradlaugh could not properly take
the oath, and recommended that he be allowed to affirm at
his legal peril. |
| |
|
21. |
Committee reported that Bradlaugh could not properly take
the oath, and recommended that he be allowed to affirm at
his legal peril. |
| |
|
22. |
Motion defeated by 275 votes to 230. |
| |
|
23. |
Bradlaugh again presented himself, claiming to be sworn.
Made his First Speech at the Bar. Refusing to withdraw,
was finally taken into custody on motion of Sir Stafford
Northcote. |
| |
|
1. |
Bradlaugh unconditionally released from custody. |
| |
July |
1. |
Mr Gladstone moved as a Standing Order that members-elect
be allowed at their choice to affirm, at their legal peril.
Motion carried by 303 votes to 249. |
| |
|
2. |
Bradlaugh made affirmation of allegiance and took his seat.
On giving his first vote, was served with a writ suing for
penalty. |
| |
|
14. |
Tory Bill introduced to incapacitate all Atheists for membership
(fell through). |
| |
|
31. |
Judgment given against him on appeal. Seat thus vacated. |
| |
April |
9. |
Bradlaugh re-elected for Northampton, by 3437 votes to
3305. |
| |
|
26. |
Presented himself to be sworn. Made his Second Speech at the
Bar. Motion made that he be not allowed to take the
oath, carried by 208 votes to 175, many Liberals and
Home Rulers abstaining. Bradlaugh again presented himself
to be sworn, and refused to withdraw. House. |
| |
|
27. |
Bradlaugh presented himself as before, and refused to withdraw.
After debate, withdrew on informal understanding
that Government should attempt to introduce an Affirmation
Bill. |
| |
|
29. |
Government announced this intention. |
| |
May |
2. |
Attorney-General in Commons moved for leave to introduce
Bill. Debate adjourned. Lords Justices of Appeal decided against Bradlaugh on the
separate issue of his affirmation being a sufficient answer to
the claim that he was liable in a penalty for voting without
being sworn. |
| |
May |
2. |
Attorney-General in Commons moved for leave to introduce
Bill. Debate adjourned. Lords Justices of Appeal decided against Bradlaugh on the
separate issue of his affirmation being a sufficient answer to
the claim that he was liable in a penalty for voting without
being sworn. |
| |
|
6. |
Debate in Commons again adjourned owing to Tory obstruction. |
| |
|
10. |
Government, owing to continued obstruction, postponed the
Bill. Resolution carried, on motion of Tory leader, that
Bradlaugh be prevented entering House. |
| |
|
16-17. |
Clarke's counsel moved before Lord Coleridge and Mr
Bowen for judgment. Bradlaugh moved to be heard
afresh on the point of the validity of the writ, the issue of
which he contended had been too soon for legality. |
| |
|
25. |
Bill of indemnity to Bradlaugh, introduced by Mr Labouchere,
blocked by Mr Newdegate, who had been the private
maintainer of the action for penalties. |
| |
June |
20-21. |
Plaintiff having amended statement as to date of
voting, and Bradlaugh demurring that writ was void as
being dated on the day of the voting sued upon, Justices
Denman and Watkin Williams decided against him on the
legal point. Bradlaugh appealed. |
| |
July |
19, 20, 22. |
The question of fact as to the actual hour of issue of
the writ came before Justice Grove and a special jury. The
jury, after declaring themselves unlikely to agree, gave a
majority verdict in favour of Clarke. |
| |
|
27. |
Police summonses obtained on Bradlaugh's behalf against
Mr Newdegate and his solicitor for the criminal offence of
maintenance. |
| |
28,and Aug. 1. |
Bradlaugh moved before Justices Grove and
Lindley for a new trial on the point of time of issue of
Clarke's writ, and argued the point. Decision delayed. |
| |
Aug. |
3. |
Bradlaugh, on trying to enter the House, was seized by
officials; and he resisting, was forcibly ejected after a
struggle by four messengers and ten policemen. Immediately
afterwards he was formally resisted in a formal
attempt by Inspector Denning. |
| |
|
5. |
Application by Bradlaugh for a summons against Inspector
Denning refused by Mr D'Eyncourt, police magistrate. |
| |
|
8. |
Application by Bradlaugh for a summons against Inspector
Denning refused by Mr D'Eyncourt, police magistrate. |
| |
Sept. |
20. |
The summonses against Newdegate and his solicitor dismissed
by Mr Vaughan, magistrate. |
| |
Nov. |
12, 14. |
Bradlaugh's appeal from the decision of Justices
Denman and Watkin Williams (as to validity of writ dated
on day of ground of action) heard by Lord Coleridge and
Lord Justices Baggallay and Brett. Decision again against
Bradlaugh. |
| |
Dec. |
2 and 3. |
Pleadings heard on the rule nisi for a new trial on the
question of fact as to the hour of issue of the writ. Rule
made absolute in Bradlaugh's favour. |
| 1882 |
Feb. |
7. |
On the reassembling of Parliament, Bradlaugh again presented
himself, the excluding order having expired with the
Session in which it was passed. Northcote moved that he
be not allowed to swear. Government moved the previous
question. Bradlaugh heard at Bar for the Third Time.
Northcote's motion carried by 286 votes to 228. Bradlaugh
again presented himself, but being ordered to withdraw
below the bar, did so. |
| |
|
10. |
Mr Labouchere moved for a new writ for Northampton.
This refused by 307 votes to 18. Bradlaugh then advanced
to the table, administered the oath to himself, withdrew
below the bar on the Speaker's order, but returned and
took his seat. Churchill moved that the seat be declared
vacant. Debate adjourned. |
| |
|
21. |
Northcote moved an amendment to exclude Bradlaugh from
the precincts of the House. On its being noticed that
Bradlaugh had again seated himself within the House (he
proposing to speak), the Speaker ordered him to withdraw,
and Northcote moved his complete expulsion. This
carried by 297 votes to 80, and a new writ was agreed to. |
| |
|
21. |
Judgment given against Bradlaugh in Clarke's appeal against
rule for a new trial. |
| |
Mar. |
2. |
Bradlaugh once more elected for Northampton by 3796 votes
to 3688. |
| |
|
6. |
Northcote again moved that Bradlaugh be not allowed to
take the oath should he again present himself. Mr
Marjoribanks moved amendment that it was desirable to
amend the law, making affirmation optional. Northcote's
motion carried by 259 votes to 244. |
| |
Mar. |
29. |
"Judgment" given against Bradlaugh for £500 penalty.
Costs reserved. |
| |
April |
|
Action brought by Bradlaugh against Mr Erskine, Deputy
Sergeant-at-Arms, for assault of 3rd August 1881. |
| |
May |
9. |
Bradlaugh moved before Lord Justices Brett and Cotton for
leave to appeal in Clarke case on point of costs. Appeal
dismissed: matter left to the House of Lords with the
main appeal. |
| |
|
15. |
Justices Manisty and Watkin Williams declined to hear
friendly action by Gurney against Bradlaugh for not
taking his seat. Pleadings to be readjusted. |
| |
July |
|
Affirmation Bill, introduced by Duke of Argyll in House of
Lords, defeated. |
| |
|
11. |
Prosecution begun against Bradlaugh, Foote, and Ramsey
by Sir Henry Tyler, before Lord Mayor, for "publication
of blasphemous libels" in the Freethinker. |
| |
|
21. |
Bradlaugh "committed for trial." Bail accepted. |
| 1883 |
Feb. |
2. |
Second Freethinker prosecution begun, Bradlaugh not being
included. |
| |
|
20. |
Government moved for leave to introduce an Affirmation Bill:
motion carried by 184 votes to 53. |
| |
Mar. |
5, 6. |
Bradlaugh's appeal in the Clarke suit heard by the
House of Lords, he pleading in person. |
| |
|
6. |
Foote, Ramsey, and Kemp sentenced to terms of imprisonment
in Freethinker prosecution. |
| |
|
9, 17. |
Bradlaugh's action against Newdegate for "maintenance"
heard by Lord Coleridge, Bradlaugh appearing
by counsel. |
| |
|
6. |
Foote, Ramsey, and Kemp sentenced to terms of imprisonment
in Freethinker prosecution. |
| |
|
9, 17. |
Bradlaugh's action against Newdegate for "maintenance"
heard by Lord Coleridge, Bradlaugh appearing
by counsel. |
| |
April |
9. |
House of Lords gave judgment for Bradlaugh in his appeal,
with costs. |
| |
|
10. |
Bradlaugh separately tried on the first Freethinker indictment
before Lord Coleridge and a jury. Verdict of acquittal. |
| |
April |
24, 25. |
Foote and Ramsey (now prisoners on conviction in
second prosecution) tried before Lord Coleridge and a
jury on the original indictment. After the judge's
summing up, the jury disagreeing, the Crown decided
to abandon this prosecution (prisoners already very
heavily sentenced). |
| |
May |
3. |
Debate on second reading of Affirmation Bill.
Bill rejected by a majority of 3—292 against and 289 for. |
| |
May |
4. |
Bradlaugh again presented himself to be sworn. Northcote
moved that he be not allowed to take the oath. Being
allowed to speak, Bradlaugh made his Fourth Speech at the
Bar. Mr Labouchere moved the "previous question," and
was defeated by 271 votes to 165. |
| |
July |
9. |
Bradlaugh having notified his intention again to present
himself (by way of raising a testing action at law)
Northcote moved his exclusion. Carried by 232 votes to 65. |
| |
|
19. |
Bradlaugh began test action against the Sergeant-at-Arms
for resisting his entrance to the House. |
| |
Dec. |
7. |
Bradlaugh v. Gossett heard before Lord Coleridge and
Justices Stephen and Mathew. |
| 1884 |
Feb. |
9. |
Judgment given against Bradlaugh. |
| |
|
11. |
Bradlaugh once more presented himself at the table of
the House, and administered the oath to himself. Motion
by Northcote that he had not really sworn, and that he
be not allowed to swear, carried by 258 votes to 161.
Motion by Northcote of complete exclusion, carried by
228 to 120. |
| |
|
12. |
New writ allowed for Northampton after Tory resistance. |
| |
|
19. |
Bradlaugh re-elected for Northampton by 4032 votes, to
3664 for Richards. |
| |
|
21. |
Though Bradlaugh undertook not to present himself till
the decision were given in the action to be brought against
him by the Government for his last oath-taking, Northcote
moved afresh his complete exclusion from the precincts
of the House. Carried by 226 to 173. |
| |
June |
13, 18. |
Government's action against Bradlaugh for illegally
taking the oath, heard before Lord Coleridge, Mr Baron
Huddleston, and Mr Justice Grove, "sitting at bar," and a
jury, five counsel acting for the Crown, Bradlaugh pleading
his own cause. |
| |
|
30. |
Lord Coleridge summed up. Jury gave answers for the
Crown. Bradlaugh asked for a stay to move for a new
trial. |
| |
Dec. |
6. |
Motion for new trial heard by the same judges sitting "in
banc". Rule refused. Bradlaugh appealed. |
| |
|
15. |
Appeal heard by Lords Justices Brett, Cotton, and Lindley. |
| |
|
18. |
Judges of appeal gave rule nisi on points of law only,
the appeal in arrest of judgment to be argued at the
same time. |
| 1885 |
Jan. |
26. |
Arguments heard on whole case. |
| |
|
26. |
Judgment given against Bradlaugh as incapable of taking
an oath in law. Notice of appeal given. |
| |
July |
6. |
On the new (Conservative) ministry taking office, Bradlaugh
again presented himself to be sworn. Motion of exclusion
by Sir M. Hicks-Beach. Amendment moved by Mr Hopwood (who had introduced an Affirmation Bill)
declaring that legislation was necessary, lost by 219 votes
to 263. |
| |
Nov. |
25. |
Bradlaugh again carried for Northampton at the general
election, the figures being—Labouchere 4845; Bradlaugh
4315; Richards 3890. |
| 1886 |
Jan. |
13. |
The new Speaker (Mr Peel) permitted Bradlaugh to take the
oath, refusing to allow any interference.
Affirmation Bill introduced by Mr Sergeant Simon, but never
brought to a second reading. |
| 1888 |
Aug. |
9. |
Bradlaugh carried a general Affirmation Bill, which passed
the House of Lords and became law. |
| 1891 |
Jan. |
279. |
While Bradlaugh lay dying, the House of Commons passed
a resolution, moved by Mr W. A. Hunter, expunging
from the Journals of the House the resolutions excluding
him in former years. |
§ 1.
In the general election of 1880 Bradlaugh was at length elected member
for Northampton. He had fought the constituency for twelve years,
and had been defeated at three elections, at one of which he was
not present. As has been made plain from the story of his life thus
far, it was his way to carry out to the end any undertaking on which
he entered, unless he found it to be wholly impracticable; and he
was very slow to feel that an aim was impracticable because it took
long-continued effort to realise it. He seems first to have thought
of standing for Northampton about 1866. At that time Northampton was
already reckoned a likely Radical constituency, not so much on account
of its Parliamentary record as on the strength of the Radical element
in its population. The trouble was that for long the bulk of the
workers were not electors. His eloquence could win him a splendid show
of hands in the market-place, but the polls told a different tale. The
Whiggish middle classes were in the main intensely hostile to him, on
political as well as on religious grounds; and the influence of pastors
and masters alike was zealously used against him. After the passing of
the Household Suffrage Act of 1868, however, the constituency became
every year more democratic. The Freehold Land Society, some of whose
founders and leading members were among his most devoted and capable
followers, created year after year scores of freeholds, the property of
workers, in a fashion that has finally made Northampton almost unique
among our manufacturing towns. The electorate, which in 1874 had stood
at 6829, had in 1880 risen to 8189; and of these it was estimated that
2,500 had never before voted. Of the new voters, the majority were
pretty sure to be Radicals, and as Bradlaugh's hold on the constituency
had grown stronger with every struggle, it began to be apparent to many
of the "moderate Liberals" that a union between their party and his
must be accepted if the two seats were not to remain in Tory hands.
In the early spring, however, the confusion of candidatures seemed
hopeless. Mr (now Sir) Thomas Wright of Leicester stood as a Liberal
candidate at the request of a large body of the electors, and though
not combining with Bradlaugh, deprecated the running of a second and
hostile Liberal candidate. Other Liberals, however, brought forward
in succession three candidates, of whom the once well-known Mr Ayrton
was the most important. He, however, failed to gain ground, partly
by reason of the qualities which had made him a disastrous colleague
to Mr Gladstone's ministry, partly by reason of coming to grief in a
controversy with Bradlaugh as to the facts of the agitation for a free
press, and free right of meeting in Hyde Park, in regard to which Mr
Ayrton claimed official credit. His candidature finally fell through
when he met with an accident. A Mr Hughes was brought forward, only to
be removed from the contest by an attack of illness. Mr Jabez Spencer
Balfour, of recent notoriety, made a very favourable impression, but
could not persuade "moderates" enough that the Liberals ought to unite
with the Radicals. A little later Mr Labouchere was introduced, and
giving his voice at once for union, found so much support that Mr
Wright, with great generosity and public spirit, shortly withdrew,
giving his support to the joint candidature of Bradlaugh and
Labouchere, who stood pretty much alike in their Radicalism, though the
latter was described in the local Liberal press as the "nominee of the
moderate Liberals." As he explained in his own journal, a man who was a
moderate Liberal in Northampton would rank as a Radical anywhere else.
The joint candidature once agreed upon, victory was secure.
The Tory candidates were the former sitting members, Mr Phipps, the
leading local brewer, and Mr Merewether, a lawyer. Their platform
opposition was not formidable, and the greatest play on their
side was made by the clergy and the press, who sought to make the
contest turn as far as possible on Bradlaugh's atheism and on his
Neo-Malthusianism. Nearly all the Established Church clergy, and some
of the Nonconformists preached fervently against the "infidel." On
the Sunday before the election the vicar of St Giles' intimated that
"to those noble men who loved Christ more than party, Jesus would
say, 'Well done!'" and on the day before the poll many thousands of
theological circulars were showered upon the constituency. On the other
hand, the deep resentment of Lord Beaconsfield's foreign policy felt by
a great part of the nation led to unheard-of concessions on the part
of the Nonconformists. The late Mr Samuel Morley, a representative
Dissenter, wealthy and pious, being appealed to for an expression
of opinion on the Northampton situation, sent to Mr Labouchere a
telegram—soon repented of—"strongly urging necessity of united effort
in all sections of the 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 pronounced a constituency as Northampton, of
even one Conservative." At the same time Mr Spurgeon was without the
slightest foundation described in the Tory press as having said, with
regard to the fight at Northampton, that "if the devil himself were a
Liberal candidate, he would vote for him;" and it was supposed that the
anecdote affected some votes.
But before any of these episodes had occurred, Bradlaugh was tolerably
well assured of victory. His organisation, then controlled by his
staunch supporter Councillor Thomas Adams, who lived to be Mayor of
Northampton, was perfect; and he knew his strength as nearly as a
candidate ever can who has not already been elected. The combination
of his forces with those of Mr Labouchere of course strengthened him;
yet such was still the strength of religious animosity that though the
joint candidature stood on the footing of a strict division of votes,
every elector having two, for the two seats, the Liberal press still
encouraged "plumping," and many then, as later, voted for Mr Labouchere
who would not vote for Bradlaugh, thus provoking a smaller number of
the latter's supporters to "plump" for their man in turn. The result
was that the election figures stood:—Labouchere (L.) 4518; Bradlaugh
(R.) 3827; Phipps (C.) 3152; Merewether (C.) 2826.
No sooner were the results known throughout the country than the
Northampton election became a theme of special comment, and of course
of special outcry from the defeated party. One journal, the Sheffield
Telegraph, which about the same time described the Scriptural
phrase about the dog and his vomit as a "popular, though somewhat
coarse saying," designated Bradlaugh as "the bellowing blasphemer of
Northampton." Mr Samuel Morley was hotly assailed, and promptly wrote
to the Record a pitiful letter of recantation, which ended:—
"No feeling of pride prevents my saying that I deeply regret the step
I took, which was really the work of a moment; and I feel assured that
no one who knows me will doubt that I view with intense repugnance
the opinions which are held by Mr Bradlaugh on religious and social
questions."
To which Mr Bradlaugh in his own journal replied that he had had no
part whatever in the appeal to Mr Samuel Morley, and that he would have
been elected all the same if Mr Morley had done nothing, adding the
following:—
"We have no knowledge of the opinions of Mr Morley except that he
is reputedly very rich, and therefore exceedingly good; but we must
express in turn our intense repugnance to the conduct of Mr Morley,
who having accidentally been betrayed into an act of kindness to a
fellow-creature, regrets the act when pressure is brought to bear upon
him by a pack of cowardly and anonymous bigots, and couples the public
expression of his regret with a voluntary insult to one for whom Mr
Morley publicly expressed great respect on the only occasion on which
the two have yet come publicly in contact."
Mr Spurgeon, who had been quite falsely accused of avowing readiness to
welcome the devil as a Liberal candidate, had the manliness to declare,
while indignantly repudiating that latitudinarian doctrine, that Mr
Bradlaugh's claims to be returned to Parliament were not to be measured
by his piety or orthodoxy.
§ 2.
But the question was soon carried into a greater arena. The elections
were over in April; on 3rd May Parliament assembled, and Bradlaugh's
first problem was to choose his course in the matter of the oath of
allegiance, the taking of which by members of Parliament is still
made a condition of their taking their seats. It has long been felt
by the thoughtful few, even including Theists, that oath-taking, a
barbaric and primevally superstitious act under all circumstances,
is gratuitously absurd in the case of admission to Parliament, where
it serves to bring about the maximum of religious indecorum without
in any way affecting the action of anybody. Originally set up in the
reign of Elizabeth, the Parliamentary oath was maintained in the
interest of disputed dynasties, though it was notoriously taken by
hundreds of men who were perfectly ready to overthrow, if they could,
the dynasty to which they swore allegiance. Now that there is no
longer any question of rival dynasties, and that no instructed person
disputes the power of Parliament to abolish the Monarchy, the oath of
allegiance is maintained by the stolid unreason which supports the
monarchic tradition all round. State after State has abandoned the
practice as absurd; but Britain clings to it with hardly even a demur,
save from men of the chair. France since 1870 has had neither oath nor
affirmation, though, if oaths could be supposed to count for anything,
the Republic might fitly have exacted them. Since 1868 affirmation has
been substituted for the Parliamentary oath in Austria; and congressmen
and senators in the United States have their choice between swearing
and affirming. Neither oath nor affirmation is exacted in the German
Reichstag, though the members of the Prussian Diet, like those of the
States General of Holland, still swear. In Italy, the performance is
attenuated to the utterance of the one word "Giuro," "I swear." In
Spain, where it has never deterred rebellion, the oath, as might be
expected, remains mediævally elaborate.
Before Bradlaugh's time the oath in England had been adapted to
the requirements of Catholics, Quakers, and Jews successively, the
resistance increasing considerably in the last case. O'Connell's
refusal to take the Protestant oath of supremacy in 1829, when there
were three separate oaths—one of allegiance, one of supremacy, and one
of adjuration—led to the passing of an Act permitting Catholic members
to take the Catholic oath, already provided under the Catholic Relief
Act for use in Ireland. Protestant public opinion avowedly regarded
all Irish Catholics with distrust as being disaffected, but the Tory
leaders being committed to Catholic Emancipation, the resistance was
overpowered. The next extension took place under Whig auspices.
In 1833 the Quakers, who in the case of Archdale in 1699 had been held
incapable of sitting in Parliament by reason of their refusal to swear,
were allowed to affirm, first by resolution of the House, later by Act.
This was done at the instance of a Quaker member, Sir Joseph Pease, who
besides being rich enjoyed personally the respect latterly accorded to
his sect by those which formerly persecuted it.
Then came the case of the Jews, first raised in the person of
Baron Lionel Nathan de Rothschild, in 1850. There was now a triple
Protestant oath, and an alternative Catholic oath, the theoretically
dangerous church being allowed to swear in its own way; but for the
small community of Jews there was no formula, and the Jewish banker
had to choose between exclusion and swearing "on the true faith of a
Christian." He omitted these words from his oath, and was accordingly
declared disentitled to sit, the House at the same time formally
resolving to take Jewish disabilities into its consideration at the
earliest opportunity in the next Session. In 1851, another Jew, David
Salomons, returned for Greenwich, refused to take the oath in the
Christian form, formally resisted the Speaker's ruling against him, was
formally removed, and was excluded from his seat. Not till 1858 was the
relief given. In that year a single (Christian) oath was substituted
for the triple asseveration of the past, and on the re-elected Baron
Lionel again refusing it, he was allowed, by resolution of the House,
to swear without the Christian formula. In 1859 he, with Baron Mayer
Amschel de Rothschild and Salomons, was again sworn theistically.
Finally, in 1866, by the Parliamentary Oaths Act, the oath was made
simply theistic for all, the familiar expletive "So help me God"
being held sufficient to associate the First Cause ethically with the
proceeding in hand.
This movement was doubtless due to a certain semi-rational perception
of the futility of oaths in general, as being a vain formality to
honest men, and a vain barrier to others. Sir William Hamilton,
a thinker so fervent in his instinctive Theism that he undid his
philosophy to accommodate it, had in his day created a strong
impression by his essays (1834-5), on the right of Dissenters to be
admitted into the English universities, in which he emphatically
reiterated the declaration of Bishop Berkeley—made when the oath
test was in fullest use—that there is "no nation under the sun where
solemn perjury is so common as in England." "If the perjury of England
stand pre-eminent in the world," said Hamilton, "the perjury of the
English Universities, and of Oxford in particular, stands pre-eminent
in England." Doctrine like this had made for an abolition of oaths
which could easily be classified as "unnecessary," and for the
simplification of those retained; but though the very step of reducing
the act of imprecation to a curt conventional form meant, if anything,
the belittling of the act of imprecation as such, the Parliamentary
formula had for half a generation remained unchallenged. John Mill
had in 1865 sworn "on the true faith of a Christian," and a good many
Agnostics and Positivists have since unmurmuringly invoked the unknown
God. It was left for Bradlaugh to attempt a departure from the course
of dissembling conformity. When he stood for Northampton in 1868 (as he
stated in answer to Mr Bright on the second select committee of 1880),
he had gravely considered the question of oath-taking, there being then
no possibility of affirmation. Believing now that he had the right to
affirm under the Act which permitted affirmation to witnesses, he felt
bound to exercise it.
As every step in his action has been and still is a subject of
obstinate misconception and wilful falsehood, the story must be here
told with some minuteness. The usual statement is that he "refused"
to take the oath of allegiance. He did no such thing. A professed
Atheist, he had been the means of bringing about the legal reform
which enabled unbelievers to give evidence on affirmation, albeit the
form of enactment was, to say the least, invidious. A great difficulty
is felt by many Christians in regard to the abolition of the oath,
in that they fear to open the way for false testimony by witnesses
who would fear to swear to a lie, but do not scruple to lie on mere
affirmation. It is for Christians to take the onus of asserting that
there are such people among their co-religionists; and they have
always asserted it in the House of Commons when there is any question
of dispensing with oaths. And it was on this plea that the first Act
framed to allow unbelievers to give evidence on affirmation was made
to provide that the judge should in each case satisfy himself that a
witness claiming to affirm was not a person on whom an oath would have
a binding effect. That is to say, he was to make sure that the witness
was not a knavish religionist trying to dodge the oath, in order to
lie with an easy mind. It was the duplicity of certain believers, and
not the duplicity of unbelievers, that was to be guarded against,
though, of course, the only security against the lying of believers
in answer to the judge was that a known conformist would be afraid
publicly to pretend that he had scruples against the oath. But the
main effect of the clause, framed to guard against pious knavery,
was to stigmatise unbelievers as persons on whom an oath would have
"no binding effect." An ill-conditioned judge was thus free to insult
Freethinking witnesses, and even a just judge was free to embarrass
them by an invidious question, since the bare wording of the Act
enabled and even encouraged the judge to ask them—not, as he ought to
have done, whether the oath was to them unmeaning in respect of the
words of adjuration, but—whether the oath as a whole would be "binding
on their conscience."[121] While recognising the invidiousness of such
a question, Bradlaugh always claimed to affirm in courts of law, though
to him, as to most professed rationalists, the repetition of an idle
expletive was only a vexation, and in no way an act of deception, when
made the inevitable preliminary to the fulfilment of any civic duty.
He had openly avowed his opinions, and if the oath was still exacted,
the responsibility lay with those who insisted on it. On his return
to Parliament he felt that not only would it be inconsistent for him
to take the oath if he could avoid it, but it would be gratuitously
indecorous, from the point of view of the believing Christian majority.
Sitting in the house before the "swearing-in," he remarked to Mr
Labouchere that he felt it would be unseemly for him to go through
that form when he believed he was legally entitled to affirm. And in
this belief, it must always be remembered, he had the support of the
former Liberal law officers of the Crown, who had privately given it as
their opinion[122] that he was empowered to affirm his allegiance under
the law relating to the affirmation of unbelievers. With that opinion
behind him, he was in the fullest degree entitled—nay, he was morally
bound as a conscientious rationalist—to take the course he did. Other
rationalists, real or reputed, were returned to the same Parliament.
Professor Bryce, as candidate for the Tower Hamlets, had been assailed
as an Atheist, and was yet returned at the head of the poll. Mr Firth
had been similarly attacked, but was nevertheless carried in Chelsea.
Neither of these gentlemen, however, made any public avowal, direct or
indirect, of heresy. Mr John Morley, who was justifiably regarded as a
Positivist or Agnostic on the strength of his writings, when elected
later made no demur to the oath; and Mr Ashton Dilke, who afterwards
avowed his heterodoxy in the House of Commons,[123] also took it
without comment. It was left to Bradlaugh to fight the battle of common
sense—I might say of common honesty, were it not that long usage has
in these matters wholly vitiated the moral standards of the community,
and honourable men are free to do, and do habitually, things which,
abstractly considered, are acts of dissimulation.
§ 3.
Bradlaugh's first formal step after obtaining the opinion of the last
Liberal law officers and privately consulting the officials of the
House, was to hand to the Clerk of the House of Commons, Sir Thomas
Erskine May, on May 3rd, a written paper in the following terms:—
"To the Right Honourable 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."
He had already explained, in answer to the questions of the Clerk,
that he made his claim in virtue of the Parliamentary Oaths Act, 1866,
the Evidence Amendment Act, 1869, and the Evidence Amendment Act,
1870, which "explains and amends" the Act of 1869. The Clerk formally
communicated these matters to the Speaker (Sir Henry Brand), who then
invited Bradlaugh to make a statement to the House with regard to his
claim. Bradlaugh replied:
"Mr Speaker,—I have only now 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."
The Speaker thereupon requested him to withdraw, and formally restated
the claim to the House, remarking that he had "grave doubts" on the
matter, and desired to refer it to the House's judgment. On behalf of
the Treasury bench, Lord Frederick Cavendish, remarking that the advice
of the new law officers of the Crown was not yet available, moved that
the point be referred to a Select Committee. Sir Stafford Northcote,
the Tory leader in the Commons, was at this stage not actively hostile.
A man of well-meaning and temperate though meagre quality, made up of
small doses of virtues and capacities, well fitted to be a country
gentleman, but of too thin stuff and too narrow calibre to be either
a very good or a very bad statesman, he was a Conservative by force
of tradition and mental limitation, and a partisan leader in respect
of his pliability to his associates. As his biographer puts it, he
was "not recalcitrant to compromise" in matters of party strategy and
leadership. Being personally willing to substitute affirmation for
oath,[124] he seconded the Liberal motion without any show of animus,
and only some of his minor followers, as Earl Percy and Mr Daniel
Onslow, sought to effect the adjournment of the debate. This attempt,
however, was not pressed to a division, and the Select Committee was
agreed to.
Only a few of the speeches in the House thus far had indicated a
desire among the Tory party to make Bradlaugh the victim of their feud
with the Liberals. But outside the House, Sir Henry Drummond Wolff,
member for Portsmouth, speaking at Christchurch, had already publicly
declared his intention to oppose Bradlaugh's entry: the broaching of
the oath question in legal and other journals before the assembling of
Parliament having given to such politicians their cue. Over and above
the purely factious motive of such men, and of the mass of the Tories,
there was the motive of genuine religious malice; and the two instincts
in combination wrought memorable results.
On 10th May Lord Richard Grosvenor, the Liberal Whip, announced to
the House the names of the proposed members of the Select Committee
whose appointment he should move next day:—Mr Whitbread, Sir J.
Holker, Mr John Bright, Lord Henry Lennox, Mr W. N. Massey, Mr Staveley
Hill, Sir Henry Jackson, the Attorney-General (Sir Henry James), the
Solicitor-General (Mr Farrer Herschell), Sir G. Goldney, Mr Grantham,
Mr Pemberton, Mr Watkin Williams, Mr Spencer H. Walpole, Mr Hopwood,
Mr Beresford Hope, Major Nolan, Mr Chaplin, and Mr Serjeant Simon.
Although the motion was not to come on till next day, Sir Henry
Drummond Wolff sought, in despite of the Speaker's opposition, to
raise at once a debate on the legitimacy of the Committee; and on the
following day he was able to do so. He moved "the previous question,"
and pronounced the course taken "inconvenient, unprecedented, and
irregular," although it had been agreed to by his nominal leader;
thus beginning the tactic of independent action which served to mark
him off with three colleagues,[125] as constituting a "fourth party"
in the House, the other three being the main bodies of Liberals and
Tories, and the Irish Home Rulers. The debate, once begun, was carried
on with great violence and recklessness, Mr Stanley Leighton alleging
that Bradlaugh had been pressed on the Northampton constituency by
the Liberal "whip," prompted by Mr Gladstone; and Sir R. Knightley
affirming that the election had been determined by the interference
of Mr Samuel Morley. A member known as F. H. O'Donnel, but originally
named Macdonald, an Irish Catholic, asserted that Bradlaugh had
"explained religion as a disease of the brain, and conscience as a
nervous contraction of the diaphragm." After more random discussion the
House divided, when there voted for the appointment of the Committee
171, against it, 74, giving a majority of 97 to the Government. Most of
the Conservative leaders walked out of the House before the division,
thus already showing a disposition to surrender to the irresponsibles
on their side.[126]
Already, too, there began to be apparent what can now no longer be
disputed—the mismanagement of the Speaker. Only bad judgment or
partiality could account for his permission of such gross irrelevance
as filled the speeches of Mr Leighton and Mr F. H. O'Donnel, alias
Macdonald. On the language of the latter now forgotten personage Mr
Bradlaugh thus commented in the National Reformer:—
"I remember, fourteen or fifteen years ago, when the countrymen of
that member's constituents came to me for help and counsel. The
honourable member professes to now represent those Irishmen who then
sought and had my aid; and on Tuesday he in effect told the House that
it ought to exclude from it one who did not believe in God, and had no
standard of morality. But I see from the division list that the 'third
party,' of which he pretended to be the spokesman at the election of
the Speaker, went into the lobby opposed to that into which their
leader went, so that the really Irish members did not forget old ties."
Unfortunately the latter tribute was not long to be deserved.
On 20th May the Select Committee presented its report. There had been
eight members in favour of the view that Bradlaugh was legally entitled
to affirm, and eight against; and the casting vote of the chairman, Mr
Spencer H. Walpole, was given for the Noes. It was said, and it was
believed by Mr Bradlaugh, that Sir John Holker had avowed a belief
that his claim was valid, but Sir John Holker on the Committee voted
with his party. Save for the fact that the Noes included Mr Hopwood,
the vote would stand as a purely party one, the rest of the Noes being
Conservatives, while the rest of the Liberals took the affirmative
side. And so general was the attitude of reckless prejudice that we
still find the Chairman's son giving a flatly misleading account of the
situation. Mr Spencer Walpole, in his work on "The Electorate and the
Legislature"[127] published in 1881, and re-issued in 1892, has made
(p. 75) this statement (italics ours):—
"In 1880 ... the legislature was suddenly confronted with a new
dilemma. The borough of Northampton sent a representative to
Parliament who refused to take an oath—not because he had any
conscientious objection to be sworn, but because an appeal to a
God—in whom he had no belief—seemed to him an idle formula which was
not binding on his conscience."
Since Mr Walpole has chosen to print and reprint this maliciously
untrue statement, and takes no notice whatever of published protests
against it, I am obliged to say in so many words that he, a professed
historian, is here grossly perverting history. Much might indeed be
set down to his carelessness. Issuing in 1892 the second edition of
what should be an authoritative treatise, Mr Walpole inserts (p. 77)
a passage as to Parliamentary affirmation which is completely quashed
by the passing of Mr Bradlaugh's Affirmation Act of 1888. Of this Act,
in 1892, Mr Walpole does not seem to have any knowledge; but however
he may contrive to overlook such a fact as this, he cannot have been
unaware in 1880 that Mr Bradlaugh did not refuse to take the oath,
and that he repudiated the expression that the oath would not be
binding on his conscience,[128] repeatedly declaring that any promise
he made would as such be binding on his conscience, whether or not an
idle formula should be appended to it. Bradlaugh's position on this
point was always explicit; for him a promise, however embellished,
was a promise which as an honourable man he was bound to keep. By
the majority of the British House of Commons it is still implicitly
ruled that a certain promise would not necessarily be binding on the
consciences of Christian members unless accompanied by the popular
imprecation "So help me God."
The decision of the first Select Committee, on the casting vote of
the chairman, at once carried the question to a new phase. Bradlaugh
immediately published a statement[129] of his position as to the oath,
the taking of which he now held to be forced upon him by the refusal of
the right to affirm.
It ran:—
"When elected as one of the Burgesses to represent Northampton in
the House of Commons, I believed that I had the legal right to make
affirmation of allegiance in lieu of taking the oath, as provided by
sec. 4 of the Parliamentary Oaths Act, 1866. While I considered that
I had this legal right, it was then clearly my moral duty to make the
affirmation. The oath, although to me including words of idle and
meaningless character, was and is regarded by a large number of my
fellow-countrymen as an appeal to Deity to take cognizance of their
swearing. It would have been an act of hypocrisy to voluntarily take
this form if any other had been open to me, or to take it without
protest, as though it meant in my mouth any such appeal. I therefore
quietly and privately notified the Clerk of the House of my desire to
affirm. His view of the law and practice differing from my own, and
no similar case having theretofore arisen, it became necessary that I
should tender myself to affirm in a more formal manner, and this I did
at a season deemed convenient by those in charge of the business of
the House. In tendering my affirmation I was careful, when called on
by the Speaker to state my objection, to do nothing more than put, in
the fewest possible words, my contention that the Parliamentary Oaths
Act, 1866, gave the right to affirm in Parliament to every person for
the time being by law permitted to make an affirmation in lieu of
taking an oath, and that I was such a person, and therefore claimed to
affirm. The Speaker, neither refusing nor accepting my affirmation,
referred the matter to the House, which appointed a Select Committee
to report whether persons entitled to affirm under the Evidence
Amendment Acts, 1869 and 1870, were under sec. 4 of the Parliamentary
Oaths Act, 1866, also entitled to affirm as Members of Parliament.
This Committee, by the casting vote of its Chairman, has decided
that I am not entitled to affirm. Two courses are open to me—one,
of appeal to the House against the decision of the Committee; the
other, of present compliance with the ceremony, while doing my best
to prevent the further maintenance of a form which many other members
of the House think as objectionable as I do, but which habit and the
fear of exciting prejudice has induced them to submit to. To appeal to
the House against the decision of the Committee would be ungracious,
and would certainly involve great delay of public business. I was
present at the deliberations of the Committee, and while, naturally, I
cannot be expected to bow submissively to the statements and arguments
of my opponents, I am bound to say that they were calmly and fairly
urged. I think them unreasonable, but the fact that they included a
legal argument from an earnest Liberal deprives them even of a purely
party character. If I appealed to the House against the Committee,
I, of course, might rely on the fact that the Attorney-General, the
Solicitor-General, Sir Henry Jackson, Q.C., Mr Watkin Williams,
Q.C., and Mr Sergeant Simon, are reported in the Times to have
interpreted the law as I do; and I might add that the Right Honourable
John Bright and Mr Whitbread are in the same journal arrayed in favour
of allowing me to affirm. But even then the decision of the House may
endorse that of the Committee, and should it be in my favour, it could
only—judging from what has already taken place—be after a bitter
party debate, in which the Government specially, and the Liberals
generally, would be sought to be burdened with my anti-theological
views, and with promoting my return to Parliament. As a matter of
fact, the Liberals of England have never in any way promoted my return
to Parliament. The much-attacked action of Mr Adam had relation only
to the second seat, and in no way related to the one for which I was
fighting. In 1868 the only action of Mr Gladstone and of Mr Bright
was to write letters in favour of my competitors, and since 1868 I do
not believe that either of these gentlemen has directly or indirectly
interfered in any way in connection with my parliamentary candidature.
The majority of the electors of Northampton had determined to return
me before the recent union in that borough, and while pleased to aid
their fellow-Liberals in winning the two seats, my constituents would
have at any rate returned me had no union taken place. My duty to my
constituents is to fulfil the mandate they have given me, and if to do
this I have to submit to a form less solemn to me than the affirmation
I would have reverently made, so much the worse for those who force me
to repeat words which I have scores of times declared are to me sounds
conveying no clear and definite meaning. I am sorry for the earnest
believers who see words sacred to them used as a meaningless addendum
to a promise, but I cannot permit their less sincere co-religionists
to use an idle form, in order to prevent me from doing my duty to
those who have chosen me to speak for them in Parliament. I shall,
taking the oath, regard myself as bound not by the letter of its
words, but by the spirit which the affirmation would have conveyed had
I been permitted to use it. So soon as I am able I shall take such
steps as may be consistent with parliamentary business to put an end
to the present doubtful and unfortunate state of the law and practice
on oaths and affirmations. Only four cases have arisen of refusal to
take the oath, except, of course, those cases purely political in
their character. Two of those cases are those of the Quakers John
Archdale and Joseph Pease. The religion of these men forbade them to
swear at all, and they nobly refused. The sect to which they belonged
was outlawed, insulted, and imprisoned. They were firm, and one of
that sect sat on the very Committee, a member of Her Majesty's Privy
Council and a member of the actual Cabinet. I thank him gratefully
that, valuing right so highly, he cast his vote so nobly for one for
whom I am afraid he has but scant sympathy. No such religious scruple
prevents me from taking the oath as prevented John Archdale and Joseph
Pease. In the cases of the Baron Rothschild and Alderman Salomons the
words 'upon the true faith of Christian' were the obstacle. To-day
the oath contains no such words. The Committee report that I may not
affirm, and, protesting against a decision which seems to me alike
against the letter of the law and the spirit of modern legislation, I
comply with the forms of the House."
As might have been expected, this decision to take the oath evoked
fresh outcry, and this time some Freethinkers joined. The most
injurious attack of this kind came from Mr George Jacob Holyoake, who
had long been on strained terms with Bradlaugh, and avowedly regarded
him with disfavour as a too militant Atheist. Before the assembling
of Parliament Mr Holyoake, in answer to a correspondent who asked him
whether Mr Bradlaugh would take the oath, had written to the effect
that Mr Bradlaugh had taken the oath scores of times before, and would
doubtless do so now. This remark had reference to a long-standing
dispute as to the propriety of oath-taking by a Freethinker under any
circumstances. Before the reform of the law which permitted unbelievers
to affirm, Mr Bradlaugh had without hesitation taken the oath in
courts of law, holding the forced formality a much smaller matter than
the evil of a miscarriage of justice. Mr Holyoake condemned all such
oath-taking; but it was pointed out that while he was in business
partnership with his brother Austin, the latter, a highly esteemed
Freethinker, had taken the oath wherever it was necessary for the
purposes of the business. This, of course, would not altogether set
aside Mr G. J. Holyoake's argument, if put forward only as a statement
of his own position; but he was not content with that. After avowing
his expectation that Bradlaugh would take the oath, he expressed
surprise and reprobation when Bradlaugh proposed to do so. Needless to
say, such a deliverance was eagerly welcomed by Bradlaugh's enemies,
and zealously used against him; as it was when repeated by Mr Holyoake
in the following year, with expressions about Freethinkers being made
to hang their heads for shame by the action of their nominal leader.
Were there not reason to presume that Mr Holyoake would not now repeat
or defend his former language, it might be fitting to endorse here some
of the very emphatic comments made on it at the time by Mrs Besant and
others. It may suffice to say, however, that Mr Holyoake had never
before taken such an attitude against Freethinkers who took the oath;
that he had once himself expressed readiness to take it in court if it
were regarded as a civil act, and not as a confession of faith (exactly
Bradlaugh's case); and that he later seemed to other Freethinkers
to quash once for all his own case by justifying quite gratuitous
acts of conformity and co-operation with churches whose teaching he
held to be false. The common sense of nine hundred and ninety-nine
out of every thousand Freethinkers, including attached friends of Mr
Holyoake, decided that such an act of enforced ceremonial as official
oath-taking by an avowed Atheist surrenders no jot of principle or
self-respect, particularly when the Atheist is openly striving for the
abolition of all such compulsions. Of all Freethinkers who have taken
oaths in England, Bradlaugh was the very least open to the charge of
temporising; and the expressions used by Mr Holyoake at different times
in this connection as to "apostolic" conduct have been, to say the
least, unfortunate as coming from a professed Freethinker, not usually
acquiescent in orthodox phraseology.
§ 4.
The document above quoted, announcing Bradlaugh's intentions, was dated
20th May, the date of the Committee's report. On the following day
Bradlaugh went to the House to take the oath and his seat. Immediately
on his presenting himself, Sir Henry Drummond Wolff rose and objected
to the oath being administered, whereupon Mr Dillwyn protested
against the interruption. The Speaker now made the fatal mistake of
allowing the interruption to be carried out. It is established by the
highest possible authority—that of the present Speaker—that the
holder of the Chair as such had and has no right to permit any such
intervention between an elected member and the statutory oath. Sir
Henry Brand, intimidated by the action of men like Wolff, weakly stated
that he "was bound to say he knew of no instance" in which such an
intervention had taken place; but "at the same time" he would allow
Wolff so to intervene. That personage then made a speech, resting on
the two arguments that Atheists who had made affirmation in the law
courts thereby admitted that an oath "would not be binding on their
conscience," and that Bradlaugh had further, in his "Impeachment of the
House of Brunswick," affirmed that Parliament "has the undoubted right
to withhold the Crown from Albert Edward Prince of Wales." The hon.
baronet "could not see how a gentleman professing the views set forth
in that work could take the oath of allegiance." It was in the course
of this speech that the hon. baronet was understood by all his auditors
to say, of the sects permitted by law to affirm, that they "had a
common standard of morality, a conscience, and a general belief in some
divinity or other."[130]
The Tory case against Bradlaugh's admission to Parliament was thus
at the outset a combination of a moral subterfuge and a notorious
political fallacy. All concerned knew perfectly well that the oath was
habitually taken by men to whom the adjuration was an idle form, and
that their consciences could only be "bound" by the simple promise.
It had further been ruled by the highest judicial authority, in the
cases of Miller v. Salomons, and the Lancaster and Carlisle Railway
Company v. Heaton, that the essence of the oath consisted in the
promise, and not in the words of imprecation. Yet further, Wolff had
before him, and in his speech quoted from, the statement above cited,
in which Bradlaugh expressly declared that he held himself bound, in
taking the oath, "not by the letter of its words, but by the spirit
which the affirmation would have conveyed had I been permitted to use
it." These words he suppressed. On the other hand, as regards the
point of allegiance, he was negating the whole established doctrine of
the British constitution. It is a commonplace of that doctrine that
Parliament can repeal, as Parliament passed, the Act of Settlement. The
contrary is now maintained by nobody, and was not really maintained
even by Burke, in his furious feint of disputing the constitutional
principle in his "Reflections." As the law stands, any member of
Parliament is entitled to move constitutionally for the abolition of
the Monarchy. The oath, framed though it be for the dynasty, and not
for the State, promises allegiance to the sovereign as by the law
established. If the law in future quashes sovereignty, there will be no
sovereign to whom to bear legal allegiance.[131]
But such protests as those of Wolff were perfectly fitted to serve the
turn of the Tory party in a campaign of faction. The cue of shocked
piety and the cue of "loyalty" came alike easily to the representatives
of the feudal and the capitalistic interests; and the "bag-baron" and
the "crag-baron" vied with each other in the display of sham godliness
and sincere zeal for the Throne. Never was there such a reek of cant in
St. Stephen's before. All the English gift for hypocrisy, unrivalled
in Europe, was brought to bear on the task. Alderman Fowler, a fitting
exponent of the cult of Mammon in His sacred city, followed up Wolff
with a petition emanating from bankers and merchants, all praying with
one consent that an unbeliever in their gods should not be allowed to
sit at Westminster. The honour of God was avowedly the one concern of
the Alderman and of the men, so many of them gross with fortuitous
gain, who made him their mouthpiece. And those strategists who knew the
imperfect efficacy of bogus religion as a means of keeping an Atheist
member out of his seat, took care to supply the additional weapons
needed.
Mr Gladstone met Sir Henry Wolff's motion with a counter motion for
the appointment of a fresh select committee to consider Bradlaugh's
competence to take the oath—a sufficiently unwise course, in view of
the action of the previous committee. At once, however, the official
Tories gave their full support to Wolff's motion, declaring that
the matter should not even go to a committee. Mr Gibson, formerly
Attorney-General for Ireland, argued that Bradlaugh had deserved all
that befell him for raising the question. "The hon. member might
have taken his seat without opposition, but he had chosen to obtrude
himself on the House and the country. He must therefore accept the
grave responsibility of thus thrusting his opinions on the House."
Observe the situation. Bradlaugh had acted not only as a scrupulous
man in his place was bound to do, but as a man careful of other
men's susceptibilities would do. Had he simply taken the oath, he
would certainly have been yelled at as a hypocrite, and further as
a blasphemer. The point had been publicly discussed in the press
beforehand, and his enemies were prepared. Trying to avoid at once
inconsistency and scandal, he quietly and circumspectly sought to make
affirmation. The right to affirm was denied him in committee by the
champions of the oath, joined by one conscientious Liberal. When he
then came to take the compelled oath, these men and their fellows
assailed him as one who "obtruded his opinions"; and Mr Gibson, their
spokesman, proceeded to allege in so many words that the member for
Northampton had "walked up the floor of the House with that oath and
Book before him and declined to take the oath." It was a falsehood; and
Mr Gibson himself had just before, in the same speech, admitted that
Bradlaugh had "claimed for himself, in careful and guarded language,
the right to make an affirmation."
There are many points in the story of this struggle at which it is
hardly possible to abstain from imputing wilful falsehood to some of
the actors. But on this point it seems right to conclude that one or
other form of prejudice or passion made men all round incapable of
realising when and how they grossly perverted a simple fact. It was not
merely the factious Tories who repeated the mis-statement, though they
naturally used it most industriously. Mr Chaplin, M.P., was reported
in two newspapers as having asserted that at a public meeting on 1st
June "Mr Bradlaugh announced his intention of refusing the oath,
and asked that he might affirm instead." Mr Chaplin, at the time of
speaking, was a member of the second select committee appointed to
sit on the oath question, and Bradlaugh indignantly protested to the
Chairman, who was again Mr Spencer Walpole. Mr Chaplin, after some
fencing, declared that the report was inaccurate. Baron Henry de Worms,
another of the champions of Omnipotence, publicly averred[132] that
"he was in the House when Mr Bradlaugh came to the Speaker and said he
could not and would not take an oath which in no way bound him, as he
did not acknowledge any God." Challenged as to this statement, Baron
Henry de Worms avowed that the words from "which" onwards were his
own comment, but could not see anything unwarrantable in the previous
statement as to the facts. Such were the notions of truth and honour
among English—and other—oath-taking gentlemen and noblemen with which
Bradlaugh had to contend. And he was only in part supported by the
remarks of Mr John Morley in the Fortnightly Review for July 1880:—
"There is no precedent for Mr Bradlaugh's case, for the simple reason
that there is no precedent for the frank courage with which he has
considered it desirable to publish his views as to the nature of an
oath. That the oath is just as meaningless, so far as its divine
appeal is concerned, to many past and present members of the House of
Commons as Mr Bradlaugh protested it would be to him, no one doubts.
Whether and how far he was justified in asking to be sworn, after
he had declined to be sworn, is a different question. Whatever the
answer to that may be, it cannot at least be said that the course
adopted by Mr Bradlaugh involved the surrender of any principle."
The last clause is so candid that it is a pity Mr Morley should have
"considered it desirable" to fortify his own position by penning that
above italicised. He had previously spoken of Bradlaugh's "pertinacity"
in "parading" his views—a statement which obtrudes its inspiration.
When a leading Liberal publicist wrote so, the godly multitude
naturally asserted in chorus that Bradlaugh had first ostentatiously
refused to take the oath, and then insisted on taking it. Dean Boyd,
of Exeter, capped the record by asserting that when Bradlaugh first
"advanced to the table of the House," he "openly, boldly, and defiantly
affirmed that he believed there was no such being as a Deity."
In the frame of mind represented by a variety of such utterances as
these, the House of Commons deliberated on Mr Gladstone's motion that
the question of Bradlaugh's competence to swear should be referred
to a second special committee. On the second day of the debate, Sir
Stafford Northcote, the nominal leader of the Conservative party in
the House, accepted the position into which he had been ignominiously
forced by irresponsible and even semi-defiant adherents, and opposed
the appointment of the Committee. He is reported as saying:—
"Without raising any question as to whether there is anything
irreverent in the course which the hon. member proposes to take, it
seems to me that we, in allowing him to take it, should be incurring a
responsibility from which our better judgment ought to make us shrink"
—a fair sample of the hon. baronet's forcible-feeble oratory. Some
Tory speakers, as Earl Percy, admitted that "the hon. member, to do him
justice, had sought to avoid taking an oath to which he attached no
sacred character"; but these ingenuous combatants were concerned only
to prevent the House from "incurring the guilt of an act of hypocrisy,"
and had no anxiety about avoiding an act of iniquity. When John Bright
met the subterfuges of the Opposition with the retaliatory criticism
of which he was a master, the temperature naturally rose. If, he
asked, they set up the principle of a creed test, where were they going
to end? Would they next question members known to be unbelievers,
though not publicly professed ones? As certain Conservative members
were actually known by their comrades to be Gallios in these matters,
Bright's challenge created the appropriate resentment, as did his
emphatic avowal, "One thing I believe most profoundly, that there is
nothing amongst mankind that has done more to destroy truthfulness than
the forcing of men to take an oath." But the memorable part of his
speech was this:—
"I have no right to speak of the member for Northampton. I think
it never happened to me more than once to address to him a single
sentence, or to hear any expression from him. I never saw him to
my knowledge but once, before he appeared in this House; but he is
returned here by a large constituency, to whom his religious opinions
were as well known as they are now to us.... Now, I have no doubt
whatever, though I have no authority to say so, that the oath as it
stands is binding on the conscience of the member for Northampton, in
the sense that an affirmation would be binding on his conscience—that
the words of the oath, so far as they are a promise, are words which
would be binding upon him, but that their binding character is not
increased by the reference to the Supreme Being, of whose existence,
unhappily as we all think—such is the constitution of his mind, and
such has been the constitution of many eminent minds of whom we have
all heard—he is not able to form that distinct opinion and belief
which we, who I think are more happy, have been able to do. Therefore
if he were to come to the table and to take the oath as it is, and as
he proposes to take it, I have no doubt that it would be binding on
his conscience as my simple affirmation is binding on mine; because in
my affirmation there is no reference to the Deity. I make a promise.
My word is as good, and is taken to be as good, as your oath. (Loud
Ministerial cheers.) And that is declared by an irrevocable Act of
Parliament. And if Mr Bradlaugh takes this oath, as he proposes to
take it, I have no doubt that, though the last words of the oath
have no binding effect upon him, yet his sense of honour and his
conscience—(Opposition laughter, and cries of 'Hear, hear' from some
Ministerialists)—his sense of honour and his conscience would make
that declaration as binding on him as my affirmation is on me, and as
your oath is on you."
Among those who joined in the brutal laughter of the gentlemen of
the Conservative party at these passages were men who had committed
bribery, unscrupulous stock-jobbers and company promoters, men about
town, topers, libellers, and liars. But some who thought it fitting to
laugh with these would be normally classed as chivalrous and well-bred
gentlemen.
The debate remained picturesque to the close. Lord Randolph Churchill,
who has within the present year proved afresh his capacity to create
a Parliamentary sensation, protested that "if the words 'so help me
God' were held to be a mere superstitious invocation, the idea or the
faith which had for centuries animated the House of Commons that its
proceedings were under the guidance of Providence would lose its force,
and would very soon have to be abandoned altogether." The better to
exemplify the energy of the divine supervision, the noble lord, after
quoting a somewhat strong passage from Bradlaugh's "Impeachment of
the House of Brunswick," threw the pamphlet violently on the floor of
the House, in parody of Burke's performance with the daggers. Baron
de Worms hazarded the proposition that "this was an irreligious, not
a religious question." The late Mr Thorold Rogers, an economist whose
incapacity for logical thought led to his not unsuccessful cultivation
of the department of historical detail, made a foolish and offensive
speech on the Liberal side, setting out with a statement of his sense
of intellectual superiority to Bradlaugh. "In his opinion, a person who
recognised no law beyond that of his own mind, and such scanty rules as
he thought fit to lay for his own guidance, very much weakened his own
character and lessened the value of his own life and acts." Further,
Mr Rogers had over and over again found "in the course of the study of
history" that Atheists were Conservatives; and he cited in proof the
names of Hobbes, a Theist; Hume, who till the latter part of his life
was an emphatic Deist; and Gibbon, who was one till his death. "He knew
something of the political views of educated sceptics; and when this
unhappy gentleman became a little better educated it would undoubtedly
be found that he was migrating towards the opposite benches." After
other remarks to similar effect, Mr Rogers provoked even the protest
of the much-tolerating Speaker by charging the Tories with being
indisposed to "act as generously as they did in their sports, and to
give a little law even to vermin." For this felicitous figure Mr Rogers
made a stumbling apology. On this being privately repeated, Bradlaugh,
with his usual magnanimity, later forgave the speech as a whole.
Where a professed Radical could be thus insolent, on the score of his
sense of superiority to opinions which he was incapable of discussing,
the language of the customary Tory may readily be imagined. The
revelations of ardent piety made by some eminent capitalists and
company-promoters were unexpectedly gratifying to the religious
feelings of the nation; and the unrelieved malignity of the personal
allusions of these and other Christians to a man precluded from turning
unto them there and then the other cheek, proved the injustice of the
charge that this is an age of lukewarm religious convictions.
After two days of largely irrelevant debate, Wolff's motion was
rejected by 289 votes to 214—a result not ungratifying to the Tories,
as showing that already certain Liberals had taken their side. A select
committee of twenty-three was duly appointed, the Tories being defeated
in an attempt to strengthen their representation on it. The members
were:—The Attorney-General and the Solicitor-General, Messrs Bright,
Chaplin, Childers, Sir Richard Cross, Mr Gibson, Sir Gabriel Goldney,
Mr Grantham, Mr Staveley Hill, Sir John Holker, Mr Beresford Hope, Mr
Hopwood, Sir Henry Jackson, Lord Henry Lennox, Mr Massey, Major Nolan,
Messrs Pemberton, Simon, Trevelyan, Walpole, Whitbread, and Watkin
Williams. The Committee began by examining Sir Thomas Erskine May as
to precedents; and Mr Bradlaugh was allowed to put questions to him
likewise, bringing forward precedents Sir Thomas had not noted, among
them the important case of Sir Francis Bacon, who, as Attorney-General,
was challenged for breaking the law in making oath that he was duly
qualified to sit, when, as a practising barrister, he was legally
disqualified under an Act of Edward III. (It was in this case that the
House ruled: "Their oath their own consciences to look unto, not we to
examine it.") After Sir Thomas May, Bradlaugh was himself examined, and
conducted his case with the lawyer-like exactitude and the more than
lawyer-like concision and cogency which even his enemies admitted to
belong to all his legal pleadings.[133] He pointed out that if it were
competent to the House to interfere between a member and the oath, the
first forty members sworn in a Parliament might prevent the sitting
of any of the rest; and that if he were held legally incompetent to
make affirmation of allegiance, he stood legally bound, as an elected
member, to take the oath, no matter what his opinions were. He formally
stated—
"That there is nothing in what I did when asking to affirm which in
any way disqualifies me from taking the oath.
"That all I did was—believing, as I then did, that I had the right to
affirm—to claim to affirm, and that I was then absolutely silent as
to the oath.
"That I did not refuse to take it; nor have 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 honour and conscience, and that the repeating the words of
asseveration does not in the slightest degree weaken the binding
effect of the oath of allegiance upon me."
These explicit statements he repeated again and again in answer to
questions, saying once:—
"Any form that I went through, any oath that I took, I should regard
as binding upon my conscience in the fullest degree. I would go
through no form, I would take no oath, unless I meant it to be so
binding."
This emphatic explanation was given in reply to a question on what is,
to my mind, the only obscure point in his examination. Asked: "Do you
draw any distinction between the binding effect upon your conscience
of the assertory oath, as it is called, and the promissory oath?" he
answered—
"Most certainly I do. The testimony oath is not binding upon my
conscience, because there is another form which the law has provided
which I may take, which is more consonant with my feelings. The
promissory oath is and will be binding upon my conscience if I take
it, because the law, as interpreted by your Committee, says that it is
the form which I am to take, and the statute requires me to take it."
There is here, I think, a momentary confusion among the terms
"assertory," "promissory," and "testimony"; and the phrase "not binding
on my conscience" is also used in a sense probably not intended by the
questioner, and not that intended by Bradlaugh in his next answer,
above quoted. The "because" is inconsequent. What he meant to convey
was simply that he expressly rejected the testimony oath because in
giving evidence he was free to affirm; whereas he was compelled to
take the oath of allegiance, there being no legal alternative in the
opinion of a Committee of the House. He had been forced to submit in
the law courts to the invidious formula that the oath was not binding
on his conscience, because it had been expressly ruled in law[134]
that if a witness simply said "I am an Atheist," the judge was bound
to infer that an oath did not "bind" him. But Bradlaugh's answers to
the Select Committee, taken together, made it superfluously clear
that in the natural sense of the words he held any formula of promise
he took to be binding on him, whether with or without an imprecatory
tag. And inasmuch as members of the Committee nevertheless thought fit
afterwards to allege that he had all along declared the contrary with
regard to the oath, we are driven to one of two conclusions. Either
(a) these gentlemen hold that a formal public promise is not fully
binding on their consciences unless they add "so help me God," or
something of the sort, and that an Atheist cannot be more conscientious
than they; or (b) they deliberately chose to bear false witness for
party purposes. And it finally matters little which conclusion we draw;
for the acceptance of the first leaves open the chance of the second
being true also.
The Committee, after a variety of votes, finally reported to the
effect that Bradlaugh, by simply stating [though in answer to official
question] that he had repeatedly affirmed under certain Acts in
courts of law, had brought it to the notice of the House that he was
a person as to whom judges had satisfied themselves that an oath was
"not binding on his conscience"; that, under the circumstances, an
oath taken by him would not be an oath "within the true meaning of the
statutes"; and that the House therefore could and ought to prevent him
from going through the form. They further suggested that he should be
allowed to affirm with a view to his right to do so being tested by
legal action, pointing to the nearly equal balance of votes in the
former committee as a reason for desiring a decisive legal solution.
For this report of course only those members are responsible who voted
for its main clauses. Under this reservation it falls to be said
that the use made of the mean technicality of an oath being held not
"binding on the conscience" of an Atheist was in itself profoundly
unconscientious. That formality was, to begin with, expressly intended
to prevent the evasion of the oath by religious knaves, and not at
all to imply that an Atheist who took the oath could not be believed.
What was more, Bradlaugh had only specified the Evidence Amendment
Acts in reply to the express challenge of the Clerk of the House of
Commons. To turn an accidental ambiguity to the account of an iniquity,
to decide that a man was untrustworthy under the pretext of a legal
subterfuge, was merely to show that the oath is less than no security
for right action, and that under its cover men can far outgo the
lengths of injustice that they are likely to venture on in the name of
simple law. In the words of Bright, who opposed the conclusion come
to as "absolutely untenable," "the course taken was one involving a
mean advantage over Mr Bradlaugh." What the proceeding proved against
Bradlaugh was simply this: that he had done wrong in ever accepting,
even as a technical phrase, the juridical formula that an oath as a
whole is not "binding on the conscience" of one to whom an imprecation
is an idle barbarism. He ought in the law courts to have repudiated
even the technical shadow of an implication that a rationalist's
word is worth less than a religionist's oath. Nothing but persistent
resistance will ever make tyrannous religion give way to justice;
and he, who was habitually accused of gratuitously defying religion,
had simply not defied it enough. And the lesson taught to other
rationalists by his struggle is this, that oath-taking must in future
be stigmatised and warred against as implying not a higher but a lower
moral standard than that of rational ethics. Men who must swear to be
believed are not to be believed.
§ 5.
On 21st June, a few days after the presentation of the Committee's
report to the House, Mr Labouchere moved a resolution to the effect
that Bradlaugh be allowed to make affirmation instead of taking the
oath—the course the Committee had recommended. He had previously given
notice of a general Affirmation Bill, but had postponed the discussion
of it, pending the report. He now moved his resolution, after
presenting a petition in support of Bradlaugh from some thousands of
the people of Northampton, on the heels of a large Tory petition, also
from Northampton, praying that Bradlaugh "might not be permitted to
take the holy name of God in vain." Mr Labouchere in an extremely able
and persuasive speech dwelt on the prime fact that the Parliamentary
Oaths Act of 1866 gave to all persons legally qualified to affirm in
courts of law the right to affirm in Parliament, and that by later Acts
Bradlaugh was entitled to affirm in courts of law. [The opposition
view presumably was that the Act of 1866 could only refer to persons
then entitled to affirm; but no argument to that effect appears on
the reports consulted by the present writer.] He further warned the
enemy that if they carried their hostility to the point of unseating
Bradlaugh, he would simply be re-elected—a statement which evoked
confident "No's" from members whose faith in Deity was more deep than
philosophical; and remarked what was perfectly true—that there were
"exceedingly few persons in Northampton of Mr Bradlaugh's views" on
religious matters. Sir Hardinge Giffard (now Lord Halsbury) rang the
changes on the argument about obtrusion of views; and pietists like
Alderman Fowler and Mr Warton expressed afresh their corpulent horror
of Atheism. One Irish member, Mr Arthur O'Connor, took occasion to
protest—in a debate on a proposal to permit an affirmation—against
letting Bradlaugh take the oath; and the Speaker seems to have made
no objection. On the other side, Mr Hopwood, whose vote in the first
committee had possibly permitted all the trouble, made a powerful
speech against the "obtrusion" argument, which, as he justly said,
amounted to telling Bradlaugh, "If you had come to the table with a
lie on your lips, we would have allowed you to be sworn." But again
the great speech in the debate was Bright's. The remark, "There are
many members of this House who take the oath and greatly dislike it,"
was his first home-thrust; and soon, after a temperate and weighty
argument, he nobly repeated his declaration of belief in the honour
of the Atheist, whose opinions were probably as repugnant to Bright
as to any other man in the House. "I pretend," he said—and his voice
rose with his theme,—"I pretend to have no conscience and honour
superior to the conscience of Mr Bradlaugh. (Ironical cheers from the
Opposition.) It is no business of mine to set myself up—perhaps it
is no business of yours to set yourselves up—(cheers)—as having
conscience and honour superior to that which actuates Mr Bradlaugh."
He went on to protest that the course taken by the majority of the
committee was "one involving a mean advantage over Mr Bradlaugh."
The speech, however, mainly ran to perfectly judicial argument; and
it was the obvious determination of the Tories to give no ear to
argument that evoked the flashes of feeling which lit it up. Bright
having said that the oath was now made a theistic test, where before
it had been a Protestant and a Christian test, a "No," came from
Mr Spencer Walpole, the Chairman of the Committee. "Why," retorted
Bright, "the right hon. gentleman must have forgotten everything in
the committee; he cannot have been conscious of his own opinions. Why,
surely the object of this motion is to establish the test of theism."
There were again "No's" from the party which denies; and Bright,
after establishing his point, thrust afresh. "The theistic test," he
repeated, "is proposed by the member for Portsmouth—the front bench
opposite appears to have abdicated entirely—there is now only an
abject, a remarkable submission to gentlemen who sit in the lower
part of the House." A plain statement of the obvious fact that Wolff
was establishing a precedent for intervention elicited more blatant
"No's," and Bright began to warm up to his peroration. He reminded the
House that a Positivist or Comtist who had been concerned in the issue
of an anti-theistic pamphlet might quite as plausibly be challenged
as Mr Bradlaugh; going on to speak of certain Positivists as "some
men for whom I have the utmost respect in regard to everything but
their opinions on the question of religion, which I deplore, and in
connection with which I can only commiserate them. But," he went on,
correcting the touch of superciliousness,—
"I know that many people have much greater power of belief than others
have; and I am not one of those—having myself passed through many
doubts—to condemn, without sympathy at any rate, those who are not
able to adopt the views which I myself hold. (Hear, hear.) Now, sir,
only one word more. There are members of this House of different
Churches, but generally all, I trust, of one religion—of the religion
which inculcates charity, and forbearance, and justice, and even
generosity. There are those who belong to the Roman Catholic Church.
I need not remind them of what they and their ancestors have gone
through in Ireland—(hear)—for the last 200 or 300 years or more,
or of how long a time they were kept out of this House, and by the
very same class of arguments which the honourable and learned member
for Surrey used. (Cheers.) He tells us that for a very long time past
there has been a gradual relaxation. Yes, no doubt. Did he ever sit
among those who have promoted those relaxations? I have been here
for thirty-seven years, and I have heard these questions discussed
over and over again; but I never found that the time had come when
the party opposite, represented by gentlemen who now sit there, were
willing to make these relaxations. They submitted not to argument,
not to sentiments of generosity or of justice; they submitted only to
a majority which sat on this side of the House. (Cheers.) Then there
are the Nonconformists. I am told that there are some Nonconformists
even—but I think it is rather in the nature of a mistake or a
slander—who have great doubts as to how they should vote on this
occasion. It is occasions like this that try men and try principles.
(Hear, hear.) Do you suppose that in times past the Founder of
Christianity has required an oath in this House to defend the religion
which He founded? Or do you suppose now that the supreme Ruler of the
world can be interested in the fact that one man comes to this table
and takes His name—it may be often in vain—(murmurs)—and another is
permitted to make an affirmation, reverently and honestly, in which
His name is not included? But one thing is essential for us, the House
of Commons representing the English people, which is, to maintain as
far as we can the great principles of freedom—freedom of political
action and freedom of conscience."
An allusion to the remark of Mr Labouchere that the Northampton
constituency in the mass had no sympathy with Bradlaugh's theological
opinions evoked another Conservative laugh, and Bright continued:—
"Well, hon. gentlemen who know nothing about it laugh at that. I think
it very possible that, finding that Mr Bradlaugh in his political
opinions was in sympathy with them, those electors so little liked the
political opinions of hon. gentlemen opposite that they preferred Mr
Bradlaugh, with his political opinions, to some opposing candidates
who have represented them, and whose religious views might have
been entirely orthodox. (Hear, hear.) ... To a large extent the
working people of this country do not care any more for the dogmas
of Christianity than the upper classes care for the practice of that
religion. (Cheers, and loud cries of 'Oh,' and 'Withdraw.') I wish
from my heart that it were otherwise. (Cheers, and renewed cries of
'Withdraw.')"
Despite the Tory wrath, there was no withdrawal.
This great speech was followed, after the adjournment, by one from
Gladstone, less powerful because less fired with moral feeling, but
eloquent, cogent, and unanswerable, save for the slip of the statement
that Bolingbroke, the Theist, was "without any religious belief at
all."[135] Yet the end of the debate—after a series of speeches,
including one by Sir Henry Tyler in which he brutally dragged the
name of Mrs Besant into his attack on Bradlaugh—was that only 230
voted for Mr Labouchere's motion, and 275 against. This was on 22nd
June. What Bright had thought could not be had taken place, though
the Nonconformists were not the bulk of the Liberals who enabled
the Tories to trample underfoot the first principles of Liberalism.
Thirty-six Liberals and thirty-one Home Rulers voted in the majority,
and doubtless joined in its exultant cheers.
A number of Liberals, further, were absent without pairs. There were
found among the allies of tyranny representatives of nearly all of
the sects which had themselves suffered persecution, Catholics,
Wesleyans, Presbyterians, Jews, as well as members of the Established
Church. When, therefore, Mr John Tenniel in Punch caused his weekly
contribution to the gaiety of his nation to take the shape of a cartoon
joyfully representing Bradlaugh as "kicked out," with a crumpled paper
in his hand bearing the legend "Atheism," he was more than usually in
touch with the social sentiment of which he is the leading artistic
exponent. Our "English love of fair play" was never more neatly
illustrated, even by that "primitive pencil."[136]
The action of the Home Rulers is perhaps specially notable. Some of
them later pretended that their hostility to Mr Bradlaugh was due to
a single vote he gave on the Arms Bill. It will be seen that they
opposed him in great force before he had ever had a chance to vote
at all, and this on a simple claim that he should be allowed to make
affirmation. Mr Justin M'Carthy, in keeping with his general attitude
on religious questions, sought from the first to exclude the Atheist
from Parliament. The only other plea open to the majority was that
Bradlaugh had "forced his Atheism on the House." This was the line
taken, for instance, not only by Sir Hardinge Giffard, but by Sir
Walter Barttelot, a typical Tory squire and "English gentleman," who
just before Bradlaugh's death in 1891 won for himself some credit
by a frank tribute to his honesty of character. Were it not for the
countenance given by Mr John Morley at the time to a patently unjust
account of Bradlaugh's action—an account which Gladstone as well as
Bright then explicitly contradicted—one would be disposed to point to
the general repetition of the untruth by the Tory press and party as
proving how worthless a thing the "honour and conscience" of English
gentlemen is in matters of public action. It is a matter of simple
fact that Bradlaugh all along anxiously sought to keep his Atheism
out of cognisance of the susceptibilities of the House;[137] and it
is perfectly certain that had he come forward to take the oath at
the outset, he would not only have been afterwards vilified by the
Opposition as a blasphemous hypocrite, but would have been challenged
all the same by Wolff and the rest. The matter had been openly
discussed beforehand. There is thus no conclusion open save that the
majority in the vote on the affirmation motion did a gross injustice;
and though the really religious men in the House, as Gladstone and
Bright, were mostly on the other side, and the religiosity of the
aggressors was in many cases a nauseous farce, it must be assumed
that religion counted for much[138] in the matter. Parnell in the
next stage of the question avowed that he had been on Bradlaugh's
side from the first, but had found himself opposed on the point by
"the great majority of the Irish members." There would seem to be no
doubt that the Catholic priesthood—actively represented by Cardinal
Manning—determined the action of Parnell's followers, and later his
own. It is perhaps not unprofitable to reflect that most of the
"Liberal" wrongdoers have since paid some penalties. Some dozen lost
their seats at next election on the Bradlaugh issue. The Home Rulers
have felt to the full the power of fanaticism against themselves; and
Parnell, who later yielded to the bigotry of his party, lived to know
all the bitterness of religious injustice. A minor Scotch Liberal then
on the wrong side, Mr Maclagan, has lately been unseated by clerical
effort; and doubtless others could testify that they who draw the sword
of bigotry tend to perish by it. It would doubtless be giving an undue
air of moral regularity to the business to lay any stress on the final
political fate of Northcote, who in the Bradlaugh struggle made himself
the catspaw of the worst section of his followers. He certainly had his
due reward.
§ 6.
Being thus expressly denied the right to affirm by a vote of the whole
House, Bradlaugh promptly reverted to his position that if he could
not affirm, he was legally bound to take the oath and his seat. A
committee had declared by a casting vote that he could not affirm, and
left him to swear. The House referred the point of his swearing to a
larger committee, which decided by a majority that he could not swear,
but recommended that after all he be allowed to affirm. The House
stood by the finding of both committees in so far as it was hostile,
and overruled that of the second in so far as it was favourable. It
remained to fight the whole House on the point of the oath.
On 23rd June, after the "prayers," which remain one of the institutions
of the House, Bradlaugh walked to the table amid some cries of "Order,"
and spoke to the Clerk. The Speaker then formally intimated to him the
decision of the House, and called upon him to withdraw. Amid roars of
"Withdraw" from the furious mob of Tory members, Bradlaugh contrived
to let the Speaker understand that he claimed to be heard. He had to
withdraw while the question was discussed, and when Mr Labouchere
sought to move that he be heard, the Speaker had to rise to secure
order. On grounds not easily inferred, the House, suddenly changing
its temper, with very little dissent agreed to let Bradlaugh be heard
at the "Bar," which was at once drawn across the bottom of the House,
and at which he proceeded to speak, as represented in the admirable
portrait done after his death by Mr Walter Sickert. This, his first
speech at the Bar of the House,[139] I have heard described as perfect
by some Liberals who thought less highly of the three others it was
his lot to make from the same place. It is perhaps the most vividly
impressive, but only, I think, because it was the first. Certainly it
is the most memorable address of challenge ever made to the House,
though it has all the straightforward, terse simplicity of Bradlaugh's
general speaking, which was never rehearsed. It was measured and
controlled throughout. The mean insult of a "Hear, hear" when he asked,
"Do you tell me I am unfit to sit amongst you?" did not discompose him.
"The more reason, then," he went on, "that this House should show the
generosity which judges show to a criminal, and allow every word he has
to say to be heard." Even in rebuking the most dastardly attack made
upon him in the House he was gravely dignified.
"I have to ask indulgence lest the memory of some hard words which
have been spoken in my absence should seem to give to what I say a
tone of defiance, which it is far from my wish should be there at all;
and I am the more eased because although there were words spoken which
I had always been taught English gentlemen never said in the absence
of an antagonist without notice to him, yet there were also generous
and brave words said for one who is at present, I am afraid, a source
of trouble and discomfort and hindrance to business. I measure the
generous words against the others, and I will only make one appeal
through you, sir, which is, that if the reports be correct that the
introduction of other names came with mine in the heat of passion
and the warmth of debate, the gentleman[140] who used those words,
if such there were, will remember that he was wanting in chivalry,
because, while I can answer for myself, and am able to answer for
myself, nothing justified the introduction of any other name beside my
own to make a prejudice against me. (Cheers, 'Question,' and cries of
'Order.')"
He went on to deal with the common objection to his action:—
"It is said, 'You might have taken the oath as other members did.' I
could not help, when I read that, sir, trying to put myself in the
place of each member who said it. I imagined a member of some form of
faith who found in the oath words which seemed to him to clash with
his faith, but still words which he thought he might utter, but which
he would prefer not to utter if there were any other form which the
law provided him; and I asked myself whether each of those members
would not then have taken the form which was most consonant with his
honour and conscience. If I have not misread, some hon. members seem
to think that I have neither honour nor conscience. Is there not some
proof to the contrary in the fact that I did not go through the form,
believing that there was another right open to me? ('Hear, hear' and
'Order.') Is that not some proof that I have honour and conscience?"
The most searching thrusts were delivered with entire amenity.
"It is said that you may deal with me because I am isolated. I could
not help hearing the ring of that word in the lobby as I sat outside
last night. But is that a reason—that because I stand alone, the
House are to do against me what they would not do if I had 100,000
men at my back? That is a bad argument, which provokes a reply
inconsistent with the dignity of this House, and which I should be
sorry to give."
And no less measured was the warning that the struggle would not end
with his exclusion:—
"Do you mean that I am to go back to Northampton as to a court,
to appeal against you? that I am to ask the constituency to array
themselves against this House? I hope not. If it is to be, it must be.
If this House arrays itself against an isolated man—its huge power
against one citizen—if it must be, then the battle must be too. But
it is not with the constituency of Northampton alone...."
The peroration was as austere as the rest of the speech:—
"I beg your pardon, sir, and that of the House too, if in this warmth
there seems to lack respect for its dignity; and as I shall have, if
your decision be against me, to come to that table when your decision
is given, I beg you, before the step is taken in which we may both
lose our dignity—mine is not much, but yours is that of the Commons
of England—I beg you before the gauntlet is fatally thrown down—I
beg you, not in any sort of menace, not in any sort of boast, but as
one man against six hundred, to give me that justice which on the
other side of this wall the judges would give me were I pleading
before them."
Then ensued a fresh debate. Northcote at some length expressed himself
to the effect that there was nothing to be said. Gladstone at similar
length agreed. The Speaker asked whether Bradlaugh should be called
in, and after some confused discussion Mr Labouchere was allowed
to move that yesterday's resolution be rescinded. Mr Gorst moved
the adjournment of the debate; but on an appeal from Gladstone, Mr
Labouchere withdrew his motion. The Speaker then recalled Bradlaugh
to the table, and informed him that the House had nothing to say
beyond calling upon him once more to withdraw. Bradlaugh replied: "I
beg respectfully to insist upon my right as a duly elected member for
Northampton. I ask you to have the oath administered to me, in order
that I may take my seat, and I respectfully refuse to withdraw." The
helpless Speaker "thought it right to point out to the hon. gentleman"
what he had pointed out before. Again Bradlaugh replied: "With respect,
I do refuse to obey the orders of the House, which are against the
law;" and the Speaker had to appeal to the House "to give authority
to the Chair to compel execution of its orders." Gladstone remained
silent, despite calls for him, and Northcote in his flabbiest manner
proceeded to move, "though I am not quite sure what the terms of
the motion should be, that Mr Speaker do take the necessary steps
for requiring and enforcing the withdrawal of the hon. member for
Northampton." The Speaker confusedly explained, to the perplexity of
the House, that according to "former precedents" the motion should
simply be "that the hon. member do now withdraw"—precisely what he
had already declared to be the resolution and order of the House. The
motion being challenged, there voted for it 326, and only 38 against,
the Government having chosen to give effect to the vote of the majority
of the day before. The scene now became still more exciting. On the
Speaker's again calling on Bradlaugh to withdraw, he answered: "With
submission to you, sir, the order of the House is against the law,
and I respectfully refuse to obey it." The Speaker then called on the
Sergeant-at-Arms to remove him, and that officer, coming up, touched
him on the shoulder and requested him to withdraw. He said, "I shall
submit to the Sergeant-at-Arms removing me below the bar, but I shall
immediately return to the table," and he did so, saying on his way back
towards the table, "I claim my right as a member of the House." Again
led back to the bar by the officer, he again walked up the floor of
the now tempestuous House, saying "in a voice rising high above the
din" (says a contemporary report), "I claim my right as a member of
this House. I admit the right of the House to imprison me, but I admit
no right on the part of the House to exclude me, and I refuse to be
excluded." Again led to the bar by the Sergeant-at-Arms, he awaited the
action of the House.
His action had been taken with a forethought. He was determined to
force the House to further steps, and to make its path a cul de sac.
The Speaker again appealed to the House for orders, and Northcote,
making an effort to get up a state of vigorous purpose in himself,
conscious the while that the moral right was all on the other side,
once more took action. He somewhat disappointed the followers who had
led him by remarking: "I am quite sure that none of us are disposed
to make any personal complaint of the conduct of the hon. member. We
know that he is in a position which calls for our consideration, and
that we must make all proper allowance for the course which he may
think it right to take." Complaining that the duty ought to have been
taken up by the leader of the House, Northcote proceeded to move that
Bradlaugh, having defied the House, be taken into the custody of the
Sergeant-at-Arms. Gladstone once more explained that he thought those
who had got the House into the trouble should get it out, and wordily
went on to indicate that he thought the Opposition were taking a
consistent course. But again a discussion arose. Mr Labouchere began
by remarking on the position of a citizen sent to prison for doing
what some high legal authorities thought he had a perfect right to do.
Mr Courtney suggested that the arrest be formally carried through to
permit of the legality of the House's course being tested on a writ of
habeas corpus. The appearance of a shorthand writer at the bar taking
notes led to a question of order; and the Speaker explained that he was
there by authority, reporting the proceedings, "not the debate, which
would clearly be out of order." A friendly motion for the adjournment
of the debate was made, discussed, and withdrawn. Another was made by
Mr Finigan, a friendly Irish member, and seconded by Mr Biggar; but
only five voted for it and 342 against. Mr Parnell then made the very
creditable speech in which he avowed his dissent from the majority of
the Home Rulers; and some of these in turn expressed their dissent from
him. At length Northcote's motion was carried by 274 votes to 7. The
result was received "without any manifestation of feeling," and members
laughed when the Speaker announced the resumption of "the private
business." Already the majority had begun to feel that its triumph was
a fiasco. In an hour the Sergeant-at-Arms, called upon by the Speaker
to report, announced to the House that "in pursuance of their order
and Mr Speaker's warrant, I have taken Mr Bradlaugh, the member for
Northampton, into custody."
He was in the "Clock Tower"—in a room, that is, on the second story of
that part of the House—whither he had gone with the slight requisite
show of formal resistance, passing first a short time in the Sergeant's
private room. There he was visited by Parnell, Mr O'Kelly, Mr O'Connor
Power, Mr Finigan, and Dr Commins, all of whom expressed their cordial
sympathy. The imprisonment was a farcical form. A constant stream
of friends visited him; and he went about the business of fighting
his battle in the country as he would do in his own rooms. On the
very evening of his arrest a Committee was formed to secure his
liberation, and an appeal drawn up in its name by Mrs Besant. This was
distributed by thousands next day; and a fresh petition for signature
was likewise framed and sent out broadcast at once. But the democracy
did not wait for petitions. The moment the news of the House's action
reached the public, a cry of indignation arose, loud enough to alarm
Beaconsfield,[141] on whose urgent advice (so it was said at the
time) Northcote on the next day moved for Bradlaugh's unconditional
release, which was hurriedly agreed to. The stultification of the
majority was now complete; and the course taken by Northcote thus far
may stand as a fair sample of modern Conservative statesmanship—the
policy of irrational resistance, on no better principle than that
of partisan habit, ending in ignominious collapse. Still the cry of
protest swelled in volume. In less than a week two hundred meetings
were held throughout the country to pass resolutions in Bradlaugh's
favour; Radical and Liberal clubs and societies of all kinds sent
their messages of protest and appeal; and Liberal members who had
voted on the Tory side were sharply called to account. Even before
matters had come to a crisis, abundant proof was given that a large and
earnest minority were dead against the policy of intolerance. In May
Mr Labouchere had given notice of a Bill to permit affirmation by any
member in place of the oath of allegiance; and by 6th July there had
been presented 462 petitions in favour of that measure, with 40,434
signatures, largely obtained through the organisation of the National
Secular Society. The effect of these and other displays of popular
feeling began to be seen in the House. Liberal members who had voted
on the Tory side out of fear of the bigots in their constituencies
began to hesitate. On 28th June leave was given to Mr Labouchere to
introduce his Affirmation Bill, which was read a first time. The
Government, however, took the view that Bradlaugh's rights ought to
be legally determined in respect of the state of the law at the time
of his election; and instead of supporting or giving facilities for
Mr Labouchere's Bill, they proposed the compromise of moving that the
excluded member be allowed to affirm pending the legal settlement of
his position. This was accepted; and, on 1st July, Mr Gladstone moved
as a standing order that members-elect be allowed, subject to any
liability by statute, to affirm at their choice.
This was of course the signal for a fresh storm. On Mr Gladstone's
preliminary motion that the Orders of the Day be postponed, Mr Gorst
pronounced the motion disorderly, and opposed the proposal in advance
as being to the effect that "the House should break the law, in order
to smuggle Mr Bradlaugh into the House." Gladstone, in moving his
order, was studiously moderate, giving as a reason for the Government's
not introducing a Bill the impossibility of having the question calmly
discussed in the then state of feeling, while urging the necessity of
preserving the dignity and decency of the House as a reason for doing
something. He went on to defend Bradlaugh fully and forcibly against
the charge of having "obtruded his Atheism" on the House, and wound up
with a calm contention that it was the duty of the House to further
the claim of any member to take his seat under a given law, leaving it
to be settled in the law courts whether his claim was valid. Northcote
opposed, arguing that there was no fear of a repetition of the scene of
last week, since the Speaker could give instructions that Mr Bradlaugh
be not allowed to enter the precincts. To accept the motion "would be
to some extent humiliating to the House."[142] No question of justice
or righteousness was raised by the Tory leader. One of his followers,
Lord Henry Scott, advanced the pious proposition that "the mere
affirmation of a person who did not believe in a Supreme Being could
not be regarded as a binding engagement upon him." Another ignoramus
named Smyth explained that the "test of Theism" "pervaded the whole
body of the Constitution, of which, like the soul of man, it was the
animating principle." "Let Atheists be admitted within its walls, and
there would be Atheistical legislation.... Such teaching it was that
led to the outbreak of the French Revolution." Thus were old lies made
to support new. An Irish Catholic named Corbet spoke of "Mr Bradlaugh's
Byzantine doctrines of morality," either forgetting that Byzantium
was the typical Christian State for a thousand years, or desiring to
asperse the Christian Church which had all along been the great rival
of his own. Mr A. M. Sullivan, another Catholic, made a rabid speech,
supporting the cause of religion with the plea, "Where was the class
that was oppressed now? It was nothing but an individual." He went on
to avow that he sought to keep Mr Bradlaugh out of Parliament on the
score that his Malthusianism, "taken in conjunction with his Atheistic
opinions, struck fatally at the foundation of civil society." The
Church of the confessional is naturally zealous for the sacredness of
the family; and the Church of the Inquisition for the "foundations
of civil society." Men who regard the hamstringing of cattle as at
most a pity are naturally warm on the subject of rational control
of human procreation. On the other hand, Parnell "wished, as an
Irish Protestant, with the utmost diffidence, to say a few words in
explanation of the vote he would give to-night." Already he seemed
shaken by the resistance of his followers; and he was at pains to say
"he regarded the religious tenets of Mr Bradlaugh and his doctrines
with reference to over-population as abominable"—a deliverance which
reads dramatically in connection with the close of his own career,
when an only less insensate and irrational ethic than his own gave the
sanction for similar vilification of himself. There was finally a ring
of anxious bravado in his avowal that "it was personally an odious
task for him to take the course he should on this occasion"—(this
after he had voluntarily gone to shake hands with Bradlaugh after the
arrest)—"but if he had to walk through the lobby alone, he should deem
himself a coward if he did not act up to his conviction."
Less self-regarding, and much more helpful, was the speech of Mr
Richard, the most impressive in the debate. Mr Richard was one of
the extremely few Christians who keep one set of gospel passages
so constantly in view as never to be led into imitating the rest.
He never echoed their words of execration. His very rebukes to his
fellow-Christians for their pious scurrility were gentle; and he must
have caused some searchings of heart when he observed that "no man who
watched what went on, on the first day of the present Parliament, when
hon. members were squeezing round the table, and scrambling for the New
Testaments amid laughter—('No, no,' and Ministerial cheers)—no man
could have watched that scene, and believed that the act had any of
the solemnity of a religious act about it." When the otherwise pious
Wolff followed, the altered balance of feeling was shown by impatient
interruption of his remarks. An exceptionally offensive Catholic, named
M'Coan, was called to order by the Speaker for the remark that "a more
offensive representative of Atheism never was seen" than Bradlaugh.
Finally, after General Burnaby had mentioned that "the Chief Rabbi,
although refusing to interfere with political questions, felt very
deeply on this subject," the vote was taken, and by 303 votes to 249
Gladstone's motion was carried.
Bradlaugh was now free to make affirmation, and did so next day. Almost
immediately on taking his seat he had occasion to vote, and immediately
thereafter he was served with a writ to recover a penalty of £500 for
illegal voting. The writ had apparently been prepared beforehand. The
suitor was one Henry Lewis Clarke, the tool of Mr Newdegate, M.P.,—the
latter, a man of the most restricted understanding, notorious as an old
opponent of the admission of Jews to Parliament and a rabid assailant
of Catholicism, but now eager to combine with Jews and Catholics
against the Atheist. A few days afterwards a similar writ was served
at the instance of one Cecil Barbour, of Nightingale Lane, Clapham;
and yet a third was given notice of; but the work was left to Mr
Newdegate's employee.[143] A new stage in the struggle had now been
reached.
§ 7.
For nine months—that is, while Parliament sat in the period
July-March 1880-81[144]—Bradlaugh now sat in the House, doing his work
with intense and continuous application, though all the while there
hung over him the shadow of a ruinous litigation. He had taken the
risk. On 8th July the Government were asked by Mr Norwood, a hostile
Liberal, whether they would instruct the law officers of the Crown to
undertake his defence in any suit brought against him; but the answer
was, of course, in the negative; and Bradlaugh rose to explain that he
had had no communication with either Mr Norwood or the Government on
the subject. A fortnight later a Bill was zealously forced through both
the Houses to indemnify Lord Byron, who had sat and voted without being
sworn, against any action for penalties. Bradlaugh had the experience
of helping to safeguard the peer from the prosecution laid against
himself.
His Parliamentary activity was many-sided, including as it did the
charge of the interests of endless correspondents in all parts of the
world who had grievances to redress and claims to put. But above all
he devoted himself to the interests of Ireland and of India, the one
still suffering from an imperfect realisation of her needs by English
Liberals; the other from the general neglect of Liberals and Tories
alike. The gratitude of the people of India has been freely given for
his service; that of the majority of the Irish members was naturally
not prompt. They had wronged him, and so could hardly forgive.
Such a frenzy of malevolence, further, as had been aroused among
bigots of all Churches by Bradlaugh's entrance into the House, was
slow to decline. Whether outside the House or inside, he was furiously
aspersed. A Bill to exclude Atheists was early introduced by Sir J.
Eardley Wilmot,[145] and petitions in support of this were largely
signed, though wholesale subscription by the children of Sunday Schools
was in many cases found to be necessary to fill the sheets. But
petitions for his exclusion were a small part of the storm of malice
that assailed him. It would fill a volume to recite or even cite the
hundreds of denunciations—often vile and grossly libellous, and nearly
all implying a religious motive—which were poured forth against him
week by week. Clergymen naturally formed the bulk of the assailants;
and of these the State Church furnished the largest contingent, all
grades of the hierarchy being represented; but the President of the
Wesleyan Conference, on behalf of the Conference Committee, presented
a hostile petition to Parliament; and the secretary to the same
Conference issued a circular calling upon the various Wesleyan bodies
to join in the general movement against the Atheist. Protestants vied
with Catholics in the foulness of their abuse, the ferocity of their
enmity.
On the other hand, it must be put on record that in every church, in
varying numbers, there seem to have been lovers of freedom as well
as persecutors. Some of the most forcible and earnest letters sent
to the newspapers on Bradlaugh's behalf were written by clergymen of
the Church of England; and many Nonconformist clergymen spoke out
on his side ably and warmly. At a Church Conference, more than one
priest of the Establishment defended him bravely and well. Even from
within the pale of the Church of Rome there came voices of protest
against the intolerance of the majority. On 27th June 1880 the "Home
Government Association" of Glasgow sent to Bradlaugh a resolution of
the majority of its members to the effect "that this meeting of Irish
Roman Catholics ... most emphatically condemns the spirit of domination
and intolerance arrayed against you, and views with astonishment and
indignation the cowardly acquiescence, and in a few instances active
support, on the part of a large majority of the Irish Home Rule members
to the policy of oppression exercised against you." Bradlaugh was
peculiarly quick to appreciate such messages of sympathy and fairness
from religious opponents. The words of Bright on his behalf in the
House brought tears to his eyes; and he never forgot to be grateful for
them. In his own journal, immediately after his entrance to the House
on tentative affirmation, he printed the following appeal:—
"Now that the fierce struggle is over, and that I am really in full
enjoyment of the right and privilege which the people of Northampton
gave me on the day of the poll, I beg my friends not to mar this
triumph by any undue words of exultation or ungenerous boast. If
bitter bigotry and Tory malice have been active against me personally,
there has been also honest, earnest piety, in despite of the foulest
and most persistent misrepresentations, enlisted in the grand array
on behalf of right. If some clergymen have been cruel and unjust in
language and conduct, there have also been preachers who have been
most generous and kindly. Do not let our Freethinking friends remember
so much what we as a party have done towards the result, as what has
been done for us by religious men, notwithstanding the cry of heresy.
If the heart of the great Nonconformist party had not been brave and
just, the fight, instead of being so far over, would yet have to be
fought. The speeches of religious men like William Ewart Gladstone,
John Bright, Henry Richard, and Charles Stewart Parnell—each
representing a varying shade of Christian belief, and each a most
earnestly religious man—must more than outweigh, and cause our
friends to pass by, the rabid, raving, fanatical outpourings and
deliberate misrepresentations which have disfigured the Parliamentary
discussions on this subject. When the reader remembers that the very
vilest mis-statements and coarsest caricatures of my language and
conduct have been circulated to every member of Parliament, ... it
makes worthy of the strongest praise the high-minded conduct of those
Nonconformists in the House of Commons who have declared for justice
despite all."
But no good-feeling on his part or on that of the tolerant religious
minority could stay the torrent of libel and vituperation; and a
paragraph penned a month later shows how the majority bore themselves:—
"Many of my good friends have—during the progress of the
bye-elections which have taken place at Oxford, Scarborough, Berwick,
Wigton, and other boroughs—written indignantly as to the exceedingly
wanton and coarse personal slanders which, chiefly for electioneering
purposes, have been circulated against me by the Conservatives in
order to induce votes against supporters of the Government. It is
a little difficult to know how properly to deal with these most
indefensible and cowardly attacks. By the law as it stands no action
can be maintained for any spoken words unless an indictable offence
is charged in the slander, or unless actual special pecuniary damage
can be shown to have resulted, which latter is of course not in
question.... Thus, Sir John D. Hay—who in the Wigton election has
descended to a lower depth of coarseness and falsehood than any other
Parliamentary candidate[146]—could not be sued for damages.... The
journals may of course be sued; but even if this is a wise course, the
case is not easy. I am now proceeding against the Yorkshire Post
for one very gross libel, and in the proceedings, which will be very
costly, am actually required to answer voluminous interrogatories, not
only as to all the doctrines I have taught and works I have published
or written during the whole of my life, but also to works I happen
to have referred to.... In the indictment against the editor of the
British Empire[147] I shall probably have to bring a large number
of witnesses from various parts of England to speak as to what has
happened at lectures as far back as 1860. The fearful cost in this
case (in which, being a criminal procedure, counsel must be employed)
can only be fairly estimated by professional men.... I refrain from
commenting on the infamous, most cowardly, and utterly uncalled-for
attacks made on Mrs Besant by Sir John Hay and the Glasgow News, as
these will in all probability be submitted to another tribunal."
Some of these proceedings had to be abandoned, so enormous was the
burden.
A leading part had been early taken in the outcry against the Atheist
by the leading representative in England of the Church of Rome,
Cardinal Manning. In a highly declamatory and malevolent article
contributed to the Nineteenth Century, that ecclesiastic took the
line of appealing to the spirit of traditional national religiosity,
grounding his case not on any tolerable form of Christian doctrine,
but on the ignorant instinct that he knew to underlie the orthodoxy of
the Protestant Churches, as of his own. He lauded the English people,
regardless of its attitude to his own Church:—
"It knows nothing," he declared, "of a race of sophists who,
professing to know nothing about God, and law, and right and wrong,
and conscience, and judgment to come, are incapable of giving to
Christian or to reasonable men the pledges which bind their moral
nature with the obligations necessary for the command of fleets and
armies, and legislatures and commonwealths."
Of the historic fact that the English people had once brutally
persecuted the Quakers, but had latterly allowed them to dispense
with oath-taking, he disposed by saying that they were allowed to
affirm because they were known to be deeply religious, and therefore
trustworthy:—
"But let no man tell me that this respectful confidence is to be
claimed by our Agnostics; much less by those, if such there be, who,
sinking by the inevitable law of the human mind below the shallowness
and timidity of Agnosticism, plunge into the great deep of human
pride, where the light of reason goes out, and the outer darkness
hides God, His perfection, and His laws....
"There still stands on our Statute book a law which says that to
undermine the principles of moral obligation is punishable by
forfeiture of all places of trust (9 and 10 Will. c. 32, Kerr's
Blackstone, iv. 34, 35, note), but there is no law which says that
a man who publicly denies the existence of God is a fit and proper
person to sit in Parliament, or a man who denies the first laws of
morals is eligible to make laws for the homes and domestic life of
England, Scotland, and Ireland."
The whole article was in this strain, as far removed from political
science as from the charity which is conventionally associated with
the Christian name. And though all the while it was notorious that
the ignorant and superstitious of the Cardinal's own Church are
the least to be believed, whether on oath or without oath, of all
quasi-civilised men, the rancorous rhetoric of the Romish priest
counted for something with the class of Protestant bigots who, hating
Rome, hate reason so much more as to be ready to work with even Rome
against it. And yet Manning, in his work on "The Present Crisis of
the Holy See," had declared that "England has the melancholy and bad
pre-eminence of being the most anti-Catholic, and therefore the most
anti-Christian, power of the world." Thus can fanatics manœuvre.
Among other libels, the ancient fable of the watch, the story of
which has been told in an earlier chapter, was at this time made to
do special duty, the flight of Edgcumbe being insufficient to set
up hesitation on the subject among the mass of the orthodox. Some
assailants, however, showed much discretion when challenged. Thus one
J. F. Duncan, a Wesleyan minister of Nottingham, who in his pulpit
described "that man from Northampton" as a "blot on the British
escutcheon," and as a "wretch" who gave his Maker five minutes to
strike him dead, was told that unless he apologised at once, criminal
proceedings would be taken against him. He instantly replied: "I am
this morning honoured with your communication, and have to say in reply
that I know nothing of newspaper reports of my sermons, but if any
remarks of mine have been offensive to you, you have my retractation
and apology at once." A line in the Reformer tells how "J. H.
Martin Hastings, a professedly religious person, having grossly
libelled Mr Bradlaugh, now, under threat of criminal proceedings, sends
us his retractation and sincere apology."
Some persons, offered an opportunity for a much-needed apology, did not
avail themselves of it, the risk of criminal proceedings being absent.
The following correspondence sets forth one such case:—
"To the Lord Norton,
June 25th, 1880.
"My Lord,—In the lobby of the House of Commons this
afternoon your lordship said in my hearing, 'Mr Bradlaugh ought to be
flogged in Trafalgar Square,' to which I at once replied to you that
it was ungentlemanly and impertinent to offer me an insult at a moment
when I could not return it.
"I now beg to ask your lordship for some explanation, at the same time
informing you that several members of the House of Commons whom I have
consulted on the subject advise me that your lordship's carefulness
in being ill-mannered and insulting three feet outside the House of
Commons precludes me from submitting the matter to the Speaker, and
I can therefore only place this letter before the public with such
answer as your lordship may be pleased to send me.—I have the honour
to be your lordship's obedient servant,
Charles Bradlaugh."
"35 Eaton Place, June 26th, 1880.
"Sir,—In reference to your letter just received, the facts
are these:
"I was yesterday in a crowd at the door of the House of Commons,
waiting to get into the gallery for the Irish Compensation debate.
You came out and passed into the lobby. Some one pointed you out to
me. The observation was made, how much trouble one man's desire for
notoriety could give. I added that a desire for notoriety might be
gratified by a public flogging in Trafalgar Square. You seem to have
imperfectly overheard the last words on returning to the House, and
connected your name with them. I certainly had no idea of suggesting
a mode and place of treatment for any particular case. You came up to
me and said, 'You should not insult a man in his presence.' I replied
that I had said nothing to you.—Obediently,
"Norton."
Bradlaugh's fingers must have itched to apply to Lord Norton's person
the chastisement which his lordship had prescribed for him. Less
well-bred people than his lordship expressed their sentiments to
Bradlaugh by letter, being denied the opportunity of insulting him in
his hearing. In the Reformer of 12th September he writes:—
"I was sorry that Mr Dillon thought it necessary to call the attention
of the House to the threatening letters which had been sent to
him. When I was fighting for my seat in the House, I received at
least threescore letters threatening my life. I put them all in the
waste-paper basket, although one or two of the communications were
works of art, and decorated with skulls, cross-bones, bleeding hearts,
and daggers. There is always a fair proportion of lunatics who in
times of excitement write strange letters to public men."
His laugh over these things was entirely genial. At no period of his
struggle, and on no provocation, did he ever show a touch of that
general embitterment which so many men feel towards society on the
strength of an ill-usage either imaginary or trifling in comparison
with what he underwent. But the wrongers, as always, could not forgive.
There was no slackening in the output of Conservative defamation, the
device of saddling Bradlaugh's Atheism on the Gladstone Government
being too congenial to be abandoned. As Lord Henry Lennox had put
it in an inspired but unguarded moment, it was felt to be good Tory
policy to "put that damned Bradlaugh on them." Sir Hardinge Giffard
(now Lord Halsbury) publicly and falsely asserted in November that
before the election the Liberal whip, Mr Adam, had written to the
Northampton electors, asking them to return Bradlaugh; going on to
add that this step "had never been disavowed or disapproved by the
Liberal leaders"—an extremity of false witness memorable as coming
from a man who was soon to be made Lord Chancellor. Such a lead was of
course zealously followed. And the average upper-class Liberal, while
reluctantly voting with the Government in the matter, indemnified
himself by insolence to the man over whom the trouble had arisen.
There are always in the Liberal party men loyal to it as a faction,
while caring little for its principles in themselves, and bearing
small goodwill to those more advanced adherents who give pause to the
weaker brethren. This state of mind may account for the gratuitous
offensiveness, though hardly for the inaccuracy, of one utterance by Mr
Marjoribanks (now Lord Tweedmouth) in an address to his constituents at
Duns in November 1880:—
"It was in his opinion a great pity that the electors of Northampton
should have elected a man to be their representative whose views,
moral, religious, and social, were such as were Mr Bradlaugh's
specialty, and not only his specialty, but his means of subsisting.
(Applause.) It was a pity, too, that when Mr Bradlaugh had been
elected he had not followed the example of far greater men, such as
Mill and Hume, who were to some extent sharers in his beliefs, or
rather his disbeliefs, but who had quietly gone to the table and
taken the oath, and said no more about it. Then, again, it was a pity
that when Mr Bradlaugh claimed to affirm, he was not at once allowed
to do so at his own risk. Of one thing, however, he was perfectly
sure, and that was, that the House of Commons was perfectly right in
the distinct and peremptory refusal which Mr Bradlaugh's demand to
take the oath met when it was ultimately made."
It is not necessary here to go into Mr Marjoribanks' estimate of the
relative greatness of Bradlaugh and Joseph Hume, or of the merits of
Bradlaugh's views. It is not such judgments as his that determine a
man's standing with his generation, or with posterity. The remark
as to "means of subsisting," also, may be left to supply its own
commentary. More recently the same speaker has emphasized his objection
to some action of some journalists by remarking that it was done for a
livelihood; a judgment which strikes at the whole mass of the Christian
clergy, and which would seem to imply that a rich man is to be pardoned
for saying a false or a base thing where a hireling is to be doubly
denounced. A man who has never had occasion to do anything for a
livelihood presumably sees such things in a different light from those
who lack his pecuniary advantages; and though a professing Christian
is supposed to hold that the labourer is worthy of his hire, Lord
Tweedmouth doubtless remains satisfied with the ethics of his youth. Mr
Chamberlain has indicated similar views. Suffice it here to point to
Bradlaugh's whole career for the proof of the utter sincerity of his
propaganda. But to praise Mill and Joseph Hume for taking an oath "on
the true faith of a Christian," and to blame Bradlaugh for choosing
rather to affirm when he believed an affirmation was open to him, is
to set up an ethic which one would hardly expect any professed Liberal
to avow. As for the "distinct and peremptory refusal," no such thing
had taken place. What the House had distinctly refused was to allow the
affirmation; and in the division on that point Mr Marjoribanks had
not voted for Mr Labouchere's motion; whereas he had voted for Mr
Gladstone's motion referring the oath question to a select committee.
When a politician can thus deal with simple historical facts, his
opinion on weightier issues is apt to lose even the significance it
would normally have. Other Liberals added their quota. Lord Sherbrooke,
writing in the Nineteenth Century, spoke of the oath which Mr
Bradlaugh "at first refused and afterwards was ready to take." His
Lordship had once spoken of Disraeli as possessing a "slatternly and
inaccurate mind." No milder epithets could well be applied to himself
in the present case. But for all these endless insults and wanton
slanders Bradlaugh had seldom anything save a restrained and dignified
rebuke. When Mr Grantham, Q.C., M.P. (now Mr Justice Grantham), spoke
of him as gaining his livelihood "by the circulation of obscene
literature," he remarked in his journal that there was one homely Saxon
word that would meet the case. He might reasonably have said that there
were several, of varying length.
It was noticeable that all of these insults were uttered in Bradlaugh's
absence, or in periodicals where he was allowed no reply. From the
first he had been refused the right of reply in the Nineteenth
Century. Men did not now venture to attack him in the House; but
they were bold when among their constituents, especially in the rural
districts. On his own part he was scrupulous to give no just cause
for offence. One journalist recklessly represented him as having once
obtruded himself on the ceremony of prayers in the House, when in point
of fact he had been accidentally shut in, and had remained motionless
where he stood. We have seen how he besought all of his freethinking
followers to beware of seeming to presume on the vote in his favour.
During the autumn of 1880 there was much discussion of the question of
the Burials Bill, a test which served to show the amount of good-will
subsisting between bodies of citizens professing belief in the same
God and the same sacred books. Dissenters were fit to swear and sit
in the House of Commons, but from the Church point of view were not
fit to be buried "on their own recognisances," so to speak, in the
public churchyard. The Tories in their traditional fashion opposed
all concession, arguing that if dissenters were allowed to hold their
own services, Atheists and heathens would follow. One Conservative
member, named St Aubyn, pictured Atheists holding "indecent orgies
over the bodies of the dead." Considering that drunkenness at funerals
had been a reproach to Christendom for centuries; that it was common
in Presbyterian Scotland within the century; and that Irish wakes are
still customary, the suggestion may serve to measure the "honour
and conscience" of the speaker, who further signalised himself by
admitting, as a lawyer, that Bradlaugh had a legal right to sit in
the House, while he confessedly opposed his taking his seat. In view
of the general state of the Christian mind, Bradlaugh abstained from
speaking on the subject in the House, and the National Secular Society
decided to present no petitions in support of the Bill, lest they
should thereby injure its chances. They had their thanks in a speech
from Mr Osborne Morgan, who asked in Wales whether it was "reasonable
to keep four millions of Nonconformists knocking at the churchyard gate
for years because a handful of Secularists wanted to enter with them?"
Any suggestion, however indirect and unobtrusive, that Secularists were
entitled to the rights of other citizens, was sure in those days to
elicit some display of animosity from the majority of those who call
their creed a religion of love. Upright and scrupulous Nonconformists
there were in the House, such men as Richards and Illingworth, who were
faithful to the principle of equal liberty, and sought to carry it out;
but the feeling that Secularists were as much of a nuisance dead as
alive was the prevailing one.
Among the Irish members, finally, the full power of the Catholic
priesthood was exerted to the utmost. Bradlaugh did the Home Rulers
careful and continuous service in the House, besides publishing in
his journal many articles and paragraphs in support of the Parnell
movement. When the Chief-Justice of Ireland made a scandalous
exhibition of judicial prejudice in regard to the Parnell trial
before the case was heard, Bradlaugh denounced it as an "impudent
manifesto." At the same time, nothing would induce him to cater for
Irish or any other support at the expense of truth and fair play,
and he protested against Irish wrongdoing no less promptly, though
more gently, than against the wronging of Ireland. Any such display
of impartiality served the majority of the Catholic Home Rulers as a
political pretext for an antagonism motived either by religion or fear
of priestly influence; and when Bradlaugh protested against the Irish
tactics of obstruction and scurrility—tactics which he always refused
to employ—they deliberately represented him as supporting coercion,
though he not only spoke repeatedly against the Coercion Bill and
published in his journal a number of articles emphatically condemning
it,[148] but actually moved the rejection of the Bill on the second
reading, when Parnell had taken flight to avoid arrest. By this time
Parnell had given way to the pressure put upon him by his followers, by
the priests, and by the Irish press, and had joined them in aspersing
Bradlaugh as the enemy of Ireland. None the less did he continue his
Parliamentary labours in the Irish as in other causes. A reference to
Hansard shows that in the months July-March 1880-1 (in only five of
which, however, did Parliament sit) he was one of the most usefully
industrious members in the House; and so much was abundantly admitted
by his fellow-members, including even some opponents. Running over
the scanty reports of his work, we find him pleading for Maories and
Hindus, urging reform of the Criminal Code, asking the House to reject
the Lords' amendments on the Ground Game Bill, moving for a select
committee on perpetual pensions, challenging Indian finance, resisting
the prohibition of Sunday funerals, calling for returns of national
revenue and expenditure, working hard on the Employers' Liability Bill
of 1880, protesting against the plank bed for prisoners, protesting
against the flogging of soldiers,[149] besides putting questions on
behalf of aggrieved correspondents everywhere.
It was within this period that he came before the public in a new
light, through having been challenged to fight a duel by a wild French
député, M. Laisant, who declared in the Chamber, 27th December 1880,
that he had precise information proving Bradlaugh to be a Prussian spy.
Declining to go through the ceremony of the duel, Bradlaugh invited
M. Laisant to lay the matter before a jury of honour of six—three
to be English M.P.'s of whom M. Laisant should name one, and three
French Deputies of whom Bradlaugh should name one. The matter, like the
regulation French duel, came to nothing. But Bradlaugh had a very real
fight before him at home.
§8.
Meanwhile the litigation forced upon Bradlaugh by the policy of the
Government was proceeding, heaping up debt and preparing disaster.
After some distant skirmishing on points of form, the action of Clarke
came on in the Court of Queen's Bench on 7th March 1881, before Mr
Justice Mathew (a Roman Catholic) who, being newly appointed, was only
that morning "sworn in." When the case was called, the junior counsel
for the prosecution applied for an adjournment on the score that his
leader, Sir Hardinge Giffard, was absent, and he, the junior, did not
feel able to argue the case. Bradlaugh curtly explained that "Sir
Hardinge Giffard has on more than one occasion refused to consult my
convenience," and declined to agree to the adjournment. Giffard then
appeared. Stripped of minutiæ as to demurrers and cross-demurrers, the
arguments were:—
For the plaintiff: That the defendant was not in law entitled to make
affirmation of allegiance as he had done, the laws permitting such
affirmation having been "intended" to cover only persons holding
religious beliefs—i.e. beliefs as to a Deity and a future state.
For the defendant: That the Parliamentary Oaths Act of 1866 expressly
provided that every person "for the time being by law permitted to make
a solemn affirmation or declaration instead of taking an oath," should
be entitled to make affirmation in Parliamentary matters; that the
Evidence Amendment Act of 1869 enabled any unbeliever to give evidence
in any court of justice on the presiding judge being satisfied that an
oath would not be binding on his conscience; that the further amending
Act of 1870 defined the term "judge" as covering any persons legally
authorised to administer oaths for the taking of evidence; and that the
Speaker was so authorised. Therefore defendant was entitled to affirm
allegiance. "I contend," said Bradlaugh, "that all enabling clauses in
statutes must be interpreted liberally, not restrictively, in favour of
the person claiming the benefit, and not harshly against him."
The one technical weakness of the case was that nowhere had the
legislature explicitly said that persons with no religious belief
should be free to make affirmation of allegiance; though to found on
this omission would be to assume that the legislature, while thinking
the oath could advantageously (for that was avowed in the preambles)
be dispensed with in the taking of evidence, thought it could not be
dispensed with in the formality preceding entrance into Parliament.
On that point, however, Mr Justice Mathew founded his judgement,
which was delivered on 11th March. The Evidence Acts, he decided,
were clearly "intended to remove restrictions upon the admissibility
of witnesses with a view of promoting the discovery of the truth,"
and "had no other object." The Acts of 1866 and 1869-70 must not
be read together, because the legislature could not be supposed to
have "intended" them to be so read. To this argument—one of the two
mutually exclusive methods of interpretation of law which judges employ
at their choice—Mr Justice Mathew added a pointed comment on one
of the defendant's arguments. Bradlaugh, he said, had "attempted to
show that the privilege of sitting in either House of Parliament was
analogous to the 'privilege' of giving evidence in a court of justice."
On which his lordship absurdly remarked that "no one who was free to
choose his words and had a preference for accuracy of expression would
speak of the discharge of the all-important and anxious duty of a
witness as a privilege." It plainly follows on this, either that the
work of a member of Parliament is not an "all-important and anxious
duty," or that it is not a privilege. The first alternative is absurd;
the other quashes the judge's argument. Further, it is the historical
fact that Bradlaugh and other Freethinkers had regarded the power of
giving evidence in court as a privilege, and had so described it. It
may suffice to give these grounds, for the view of many of us is that
the decision was unjust. But neither at this nor at any other time was
Bradlaugh known even in private to question a judge's fairness. His
loyalty to the established system of "justice" was absolute.
Judgment being given for Clarke, Bradlaugh applied for a stay of
execution (as to the costs), with a view to an appeal; and the judge
assented. On 14th March, when Bradlaugh was rising in the House to
present a petition, Mr Gorst interposed with the objection that his
seat was now vacant, and took occasion to assert that to his knowledge
no notice of appeal had been given in the case. A discussion ensued,
in which Mr Labouchere read a letter from Mr Bradlaugh to him, telling
that he had instructed his solicitor to give the formal notice of
appeal, and would prosecute it without delay, and offering to vacate
his seat, if thought fit, to save time. Lord Randolph Churchill
suggested that they had "no security" that the appeal would be made
till nearly the end of the statutory twelve months. The point being
dropped, Bradlaugh on 23rd March moved the Court of Appeal to expedite
the hearing. As the appeal was "from an interlocutory order, and not
from a final decision,"[150] it could be taken promptly, and on 30th
March it was heard before Lords Justices Bramwell, Baggallay, and Lush.
Bradlaugh began by arguing that Clarke was not legally entitled to sue,
the Act founded on by him having been repealed by another which did
not re-enact permission to anybody to sue. Going over the other ground
afresh, he argued that the Act of 1866 made no exclusion of any class
of persons whatever; and that the legislature ought therefore to be
held as having desired to enable every class of citizens—an argument
much more cogent, to the lay sense, than the contrary inference drawn
by Justice Mathew. The arguments were long and intricate on both sides;
and one of Bradlaugh's remarks in his closing address shows to what
length of speculativeness they sometimes went: "The learned counsel
said the word 'solemnly' could not mean 'sincerely,' because there was
already the word 'sincerely' in the declaration. By the same process
of reasoning the word 'sincerely' cannot be construed to mean 'truly'
because there is also the word 'truly' in the affirmation. I think it
is better to confine ourselves to law, and not go into philology."
Towards the close, on a question as to whether their lordships'
judgment was to be judicial or extra-judicial on both points raised,
Bradlaugh remarked, "The House of Commons has been very generous in
its treatment of me, and I am anxious to reciprocate that generosity,"
adding a hope that their lordships would not think he was pressing
his point unduly. "If you will allow me to say so," replied Lord
Justice Lush, "you have argued the case with great propriety as well
as great force." But the judgment (delivered on 31st March) was again
hostile, being to the effect that Clarke was entitled to sue, and that
Bradlaugh was not entitled to make the Parliamentary affirmation.
The reason given by Lord Bramwell, the presiding judge, was that the
Parliamentary Oaths Act of 1866 would only permit affirmation to
persons already entitled, like the Quakers, to make affirmation
"not on particular occasions but on all occasions when they would
otherwise have to take an oath." Unbelievers not being thus already
entitled (having only the right to affirm as witnesses), Bradlaugh was
not entitled to affirm by the Act of 1866, read in connection with
others which did not give a complete qualification. That is to say, as
I understand him, Lord Bramwell argued that the Act of 1866 was meant
to give the right of affirmation in a particular case to persons who
already had it in all possible cases. It sounds sufficiently absurd,
and I may have failed to follow the reasoning; but I can arrive at
no other interpretation of his words as published. Lords Justices
Baggallay and Lush concurred. The latter put it that the "every other
person" in the Act of 1866 "must mean every other person in a like
position with Quakers," that is, persons having "a perfect immunity
from taking the oath in all places and on all occasions." "Therefore
I feel no doubt whatever that the true construction of this sentence
is that Parliament never intended to allow every person whomsoever
when elected to appear before the House of Commons, and on stating
that he had a conscientious objection to the oath, being permitted to
make affirmation." Nobody, as it happened, had ever said so. But Lord
Justice Lush's confident conclusion as to the intentions of Parliament
involves this: That Parliament, knowing there were Atheist members,
deliberately chose to have them take the oath, rather than let them
make affirmation. To this outrageous conclusion all these judges are
shut up; for there is not a word in any of the Acts about excluding
Atheists; and if the "intentions" of the legislature are to be looked
for—thus argued Sir Hardinge Giffard in this very case—"the language
must be clear and unequivocal." So say we all. But the judges expressly
inferred exclusive intentions from the mere absence of special detail
in the inclusive language. They would not infer friendly intention
from friendly language; but they would infer hostile intention from no
language at all.
Bradlaugh's seat was now vacant in law; and he at once stood for
re-election. All along the great majority of his constituents had
stood by him cordially and courageously. A series of crowded public
meetings, some addressed by himself and Mr Labouchere, some by leading
local politicians, protested against the injustice done to member and
constituency at each new stage of the process of exclusion, and now
that the constituency was called upon to express its feeling at the
polls it effectively responded. A certain number, of course, were
detached from Bradlaugh by the storm of obloquy which beat upon
him, and this the more readily because they had accepted the joint
candidature with reluctance; but the great majority stood staunch,
despite desperate efforts to turn them. As Bradlaugh told at the time,
the constituency was flooded with pamphlets containing
"not only what I have said and what I have written, taken out of its
context and distorted, but containing things I have never said and
have never written, and never dreamt of saying or writing. Books that
I have neither written nor published, but which were supposed to be
obnoxious, have had extracts taken out from their medical parts and
circulated, and the physiological part of the Knowlton pamphlet, for
which I was indicted, was taken separately and sent by post to each of
the electors. The vilest things have been said. Some of my foes have
been more foul than even I had thought possible."
The dirty work was largely done by a person named Varley, known as
"a tradesman of Notting Hill." Further, a notice was served on the
electors assuring them that Bradlaugh had vacated his seat "as if he
were dead"; and on the comedy side of the contest the Conservative
candidate, whose name figured on his bills in the alliteration "Corbett
and Christianity," fortified his position in his electoral address by
the appeal: "I am intimately connected with a family in your own county
(that of Sir Charles Isham), which is well known to you, and members
of which have at former periods had the honour of representing their
native county in Parliament."
On the other side, a considerable amount of goodwill to Bradlaugh
was shown in the Liberal press. The Christian Globe, declaring
"unhesitatingly that the member for Northampton should be allowed to
affirm, if he desires it," remarked that "Mr Bradlaugh has his faults,
but he is a man of cleanly, decent, orderly life—a man of brains
and ability, and of sterling courage as well." The Daily Chronicle
testified that he had "made a decided and creditable mark in the House
of Commons by his ability, his moderation, and his general deportment."
Even the Times bore witness:—"Mr Bradlaugh has his compensations.
It is something to have displayed forensic ability so conspicuous. It
is only fair to him to allow that many, whom the choice of Northampton
naturally did not content, have been conciliated by Mr Bradlaugh's
manly and moderate attitude." The more Radical Weekly Dispatch
declared that "no other new member of this new House of Commons has
so much distinguished himself for political integrity and shrewdness,
or given such evidence of statesmanlike qualities." Even in the House
itself, Sir John Holker had observed that Bradlaugh had shown himself
"a skillful debater, an eloquent man," whose "voice and tongue had an
influence on the debates." More solid than these testimonies were the
thousands of subscriptions, mostly small, but ranging from twopence to
£5, sent in to meet the election expenses. This help from the workers
was the kind of sympathy that always touched Bradlaugh to the quick.
The upshot of the fight (9th April 1881) was that Bradlaugh received
3437 votes, being 390 less than at the general election, while the
Conservative candidate got 3305, being 153 more than the former Tory
vote. Some 150 electors had turned round, while some 240 nominal
Liberals had abstained—not a very bad result under the circumstances.
The narrow majority of 132, however, gave sufficient encouragement
to the Tories in the House to stick to their policy of exclusion;
and anger at defeat did the rest. One journal, whose name it will be
charitable to suppress, deplored that the reluctance to fight a seat
against "a Yahoo like Bradlaugh," with whom even that "association"
would be "pollution," had prevented the advent of a better Tory
candidate than Mr Corbett.
§ 9.
Parliament being in recess, it was only on 26th April that Bradlaugh
was able to present himself once more on the field of battle. Sir
Stafford Northcote, courteously enough, as Bradlaugh acknowledged,
wrote him beforehand, intimating that he felt himself bound to object
as before to the oath-taking. This he did as Bradlaugh was about to be
sworn. The Speaker confessed that "undoubtedly a proceeding so regular
and formal" as the oath-taking "ought under ordinary circumstances
to be continued without interruption," but in view of the former
resolution of the House he felt bound to allow the intervention.
Bradlaugh interposed a request that he should be heard before the House
came to a decision; but it needed the special interposition of the
Speaker to get him a hearing for the bare request from the shouting
Tories. Northcote spoke on the customary lines. Bradlaugh had been
legally declared unentitled to affirm; but on the other hand, it
would be "profanation" for him to take the oath—albeit everybody knew
it had been taken by dozens of Atheists. And the old dishonourable
equivoque once more did duty: "it had been clearly shown that Mr
Bradlaugh did not regard the oath as having any binding effect on his
conscience." The mover of the amendment in Bradlaugh's favour, Mr
Davey, was much interrupted, as was Bright when he proceeded to support
it. Interrupting Bright was never profitable. His first allusion
to religious disability evoked the customary imbecile correction,
"irreligious disability." The answer was prompt:—
"Hon. members say 'irreligious disability.' Well, you have objected
before to the admission of the Roman Catholics. ('Hear, hear.') You
objected to them because of their religion, which you deemed to be
false—(loud cries of 'No' and 'Yes')—and the religion you deemed to
be false you would now seem to consider much better than no religion
at all. On the same ground you refused for many years the claims
of the Jews to be admitted to this House, and you have now raised
exactly the same question—('No' and 'Hear')—but in a more offensive
form—('Oh' and cheers)—because you aim your shafts at a particular
individual, who cannot be said to represent a class."
Once more Bright defended Bradlaugh from the impudent charge that
he had "obtruded his opinions on the House." His declaration that
Bradlaugh's ground for proposing to affirm "was a ground honourable
to himself—it was in point of fact a tenderness of conscience, as I
should call it," drew "loud laughter" from the conscientious gentlemen
of the Opposition. Bright pressed his point all the harder:
"I think it a gross unfairness—it was then and is now—to bring
forward the fact that he himself preferred to affirm rather than take
the oath, and then upon that to assume that the oath would not be
binding upon his conscience.... He states in the most distinct manner
that the words of the oath are binding upon his conscience—binding
upon his honour and conscience. If that be so, you have no right to
assume that the oath is not binding upon his conscience. You might as
well tell me that the oath is not binding upon my conscience."
Later in the speech came a shrewd thrust:—
"If it be permitted to make these assumptions with regard to the hon.
member for Northampton, why is it not equally right to make them with
regard to other persons—I will mention no names—in this House or
outside this House, who either publicly or privately have expressed
the same opinions as are assumed to be held by Mr Bradlaugh? But
nobody proposes to put any questions to them. (Cries of 'Name.') It
is admitted now that if Mr Bradlaugh had come to the table and said
nothing about the affirmation—I do not hesitate to say that it is to
his credit that he did not take that course—and had offered to take
the oath, no question would have been asked, but he would have been
allowed to take the oath just as other members of the House."
Another reference to Bradlaugh's conscience brought out the cry, "What
is its value?" from a Conservative member, and Bright commented mildly
enough:—
"I must express my regret at what I must call the almost violent
temper with which some hon. gentlemen come to the consideration of
this question. I can feel the greatest charity for a member of this
House who in my opinion holds views on religious matters which appear
to me so extraordinary and so unfortunate.... There has been no member
of this House who has conducted himself with greater propriety and
decorum—(cheers)—and he has brought to our discussions at least an
average—perhaps more than an average—ability; and there is not a
single word he has uttered, not a single act he has committed, which
in the slightest degree ought to bar him from taking his place in this
assembly of gentlemen. (Cheers.) I would ask hon. members to think
for a moment whether it is in accordance with that Christianity which
they presume so much to defend that they should now at this time,
after many years, almost centuries, of discussion of questions of
this nature, determine to raise up another barrier against the civil
freedom which our constituencies believe they enjoy."
The use of the quotation:
"Bigotry may swell
The sail he sets for Heaven with blasts from Hell"
was perhaps the most resented item in the speech; and Mr Gorst, who
followed, thought it judicious to assert that on his side of the House
"there was no disposition to treat this question in the spirit of
intolerance and bigotry which the right hon. gentleman had done his
very best to stir up.... It ought to be treated purely as a question
of legality." But in a few minutes Mr Gorst arrived at the further
conclusion that "to say that this was a question for the courts of law
was absurd."
Bradlaugh then made his "Second Speech at the Bar." He first reminded
Mr Gorst, who had argued from his old answer to the Committee on
the point of the oath, that that answer was given unwillingly and
after objection to its being put. In another preliminary paragraph
he remarked: "My return is untainted. There is no charge of bribery,
no charge of corruption, nor of inducing men to come drunken to the
polling-booth." ("Hon." members who had done these things had had
no scruple about taking the oath, nor had the House ever shown much
resentment at contact with them.) Mr (now Sir) Edward Clarke had during
the debate spoken of Bradlaugh's "making an avowal of opinions to the
House" on a former occasion, and had contended that the dignity of the
House was now involved.
"I have never," said Bradlaugh, "directly or indirectly, said one
word about my opinions, and this House has no right to inquire what
opinions I may hold outside its walls. The only right is that which
the statute gives you; my opinions there is no right to inquire into.
I shelter myself under the laws of my country. This is a political
assembly, met to decide on the policy of the nation, and not on the
religious opinions of the citizens."
He was accordingly meeting the Conservatives, as represented by Mr
Gorst, on their own ground. On the question of dignity, raised by Mr
Clarke, he asked:
"Do you mean that I can injure the dignity of this House? this
House which has stood unrivalled for centuries? this House, supreme
among the assemblies of the world? this House, which represents the
traditions of liberty? I should not have so libelled you."
The most direct thrust in the speech is perhaps the following:—
"What will you inquire into? The right hon. baronet would inquire
into my opinions. Will you inquire into my conduct, or is it only
my opinions you will try here? The hon. member for Plymouth [Mr E.
Clarke] frankly puts it—opinions. If opinions, why not conduct? Why
not examine into members' conduct when they come to the table, and see
if there be no members in whose way you can put a barrier? ('Hear,
hear.') Are members, whose conduct may be obnoxious, to vote my
exclusion because to them my opinions are obnoxious?"
Here again the tone is not deprecatory:—
"The right hon. baronet has said there has been no word of
recantation. You have no right to ask me for any recantation. Since
the 9th April you have no right to ask me for anything. If you have
a legal disqualification, petition, lay it before the judges. When
you ask me to make a statement, you are guilty of impertinence to me,
of treason to the traditions of this House, and of impeachment of the
liberties of the people."
And the close—it cannot be called a peroration—makes no abatement of
emphasis:—
"I ask you now, do not plunge me into a struggle I would shun. The law
gives me no remedy if the House decides against me. Do not mock at the
constituencies. If you place yourselves above the law, you leave me
no course save lawless agitation, instead of reasonable pleading. It
is easy to begin such a strife, but none knows how it would end....
You think I am an obnoxious man, and that I have no one on my side.
If that be so, then the more reason that this House, grand in the
strength of its centuries of liberty, should have now that generosity
in dealing with one who to-morrow may be forced into a struggle for
public opinion against it."
Mr Gladstone followed with a carefully subdued speech, in which,
however, he remarked: "Mr Bradlaugh is upon his trial before the House;
but the House also, permit me to say it with great respect, is upon its
trial," and he proceeded to cite against the opposition the authority of
"Sir George Grey, who was an ornament of the House for fully forty
years, and who has not ceased to take a lively interest in its
proceedings. I hold in my hand his written opinion, expressed in
the most decisive terms, and he has the fullest conviction that the
opposition to the taking of the oath by Mr Bradlaugh ought not to be
permitted by the Chair."
He further bore laudatory witness to Bradlaugh's behaviour in the
House:—
"Every man must in common fairness admit that Mr Bradlaugh is to be
credited with the best and highest motives. He is under a primâ
facie and presumptive obligation and duty, having been elected by
a constituency to present himself at the table as the only means of
fulfilling his duty to them. On the other hand, I need not animadvert
upon his conduct. It is generally admitted that his conduct while
he sat on those benches was the conduct of a man of great ability,
integrity, and honour."
Incidentally, the Premier mentioned that the authority of Sir John
Holker was with those who held that the House had no right to
interfere; and he put to the Opposition, at some length, the plain
logical outcome of their action, namely, that they were bound, in
every case in which a member's opinions were known from any source
to be irreligious, to refuse that member the oath. The argument was
unanswerable; but it was not argument that was to be met. After a
long debate the House divided, when 208 members voted for Northcote's
motion, and only 175 against.
Then came another "scene." Bradlaugh came to the table and made his
old protest: "The resolution of the House is against the law, and
I respectfully refuse to withdraw." The Speaker, as before, asked
for "instructions." Northcote asked Gladstone to propose something.
Gladstone "left it to the majority to carry out their own vote."
Northcote, after lecturing the Premier for dereliction of duty, moved
"that Mr Bradlaugh be ordered to withdraw." Gladstone warmly demanded
to know on what grounds he was lectured. Mr Labouchere interposed with
a warning, and proposed to divide, but at the request of Mr Bright
withdrew the motion. The Speaker again asked Bradlaugh to withdraw,
and Bradlaugh again refused. The Sergeant-at-Arms was then called on
to remove him, and did so in the former fashion, Bradlaugh returning
from the bar to the table as before, protesting against physical
force, and asking the House "not to put me to the indignity of a
physical struggle." Again the Speaker "threw himself upon the House for
instructions," and the House called for "Northcote" and "Gladstone";
but neither leader responded. A member asked whether Mr Bradlaugh had
not already been ordered out. The Speaker helplessly explained that
the order "only extended to the bar of the House and no further," on
which Bradlaugh moved back to the bar and stood there. Northcote rose
and feebly protested that he "was only prevented from moving that Mr
Bradlaugh should be committed by the feeling that Mr Bradlaugh was
encouraged by the Government in his resistance." Gladstone "entirely
repudiated and repelled the statement," considered the accusation
groundless and wanton, and called upon his right hon. antagonist to
"point to the facts on which he has made so grave a charge to the
House." Northcote suitably replied, and Gladstone again repudiated,
intimating that he "should not take any steps in this matter until the
time came when it appeared to him he could do it with advantage to the
House." Thereupon Mr Cowen moved the adjournment of the House, which
was eagerly agreed to. Only in that fashion was the House able for the
time to get out of the ignoble dilemma in which it had been landed by a
cowardly cabal of bigots and faction-fighters. Northcote did not dare
again to move Bradlaugh's committal, but did not dare to confess it;
and there was nothing to do but run away.
Next day, however, the trouble began afresh. Bradlaugh again presented
himself, and was once more removed to the bar, where he stood as
before. Mr Labouchere now asked whether the Government would give
facilities for the Affirmation Bill he had introduced last session; and
Gladstone in his lengthiest manner evolved the answer that it would
depend on whether the Bill was to be opposed. Mr Labouchere and others
passed on the appeal to Northcote as directly as the forms of the
House permitted; and Northcote, as lengthily as Gladstone, made answer
to the effect that "a measure of the kind" would have his "careful
consideration," but he could agree to nothing "in the nature of a
bargain." The truth was, of course, that Northcote could not answer
for his more unscrupulous followers, but dared not admit as much; so
the debate went on in the diffusest House-of-Commons manner. After
a long speech from Bright, Mr Hubbard, losing patience, and having
no judgment to lose, asked "What use were the police, or officers of
the House, if they could not protect the House from the intrusion of
people who had no business there?" No answer being vouchsafed from the
deaf heavens, Mr Walter pompously explained that in his opinion Mr
Bradlaugh ought to be allowed to affirm, but that no unbeliever ought
ever to be allowed to take the oath. "It was idle to say the House had
not official cognisance of the fact that the hon. gentleman belonged
to a sect which did not believe in the existence of God." Another
long speech from Gladstone left the situation unchanged. Mr Newdegate
intimated that if neither leader moved the arrest of Mr Bradlaugh, he
would, if necessary, do it himself. Still the debate rolled on. Mr
Chaplin admitted that Bradlaugh while in the House "had acted with
great ability and great moderation," but then he had "openly avowed,"
etc., so they could not stand by, etc. They commenced their proceedings
with prayer, and invoked the aid of the Supreme Being to guide them in
their labours. On the obvious efficacy of the appeal, Mr Chaplin did
not dwell. A dozen more speakers followed, some of them—as Alderman
Fowler and Mr Warton—declaring that they would oppose any bill; while
one Maciver intimated that he "intended on Thursday to ask the Prime
Minister whether he would introduce a short measure for the partial
disfranchisement of Northampton." At length, on no assurance from
Northcote, but simply on a favourable expression of feeling from Sir
Walter Barttelot, Mr Labouchere's motion for the adjournment of the
House, under cover of which the whole long-drawn discussion had taken
place, was by leave withdrawn; and Bradlaugh withdrew to await the
action of the Government.
On the 29th April Gladstone did announce the intention of the Ministry
to introduce an Affirmation Bill, whereupon Lord Randolph Churchill
announced his intention to oppose it; and the early stages of the
measure were systematically hampered. Bradlaugh published in his
journal an "Appeal to the People," in which he asked them to "speak
out clearly, distinctly, thoroughly, and at once on this issue;" and
he again held a great town's meeting at Northampton. After a long and
brilliant speech, ending with the words, "In this struggle some one
must recede, some one must bend, some one must break. This I do pledge
myself, that if health do keep, and life do hold, I will never give
way," there was a loud tempest of applause, at the close of which he
rose again and asked the audience, "Have you still confidence in me?"
and "Will you stand by me in this fight?" Every hand went up to both
questions with fresh storms of cheering, and Bradlaugh answered "Then
on my honour, if I live, we will win."
The House, however, did not mend its ways. On 2nd May Gladstone moved
that the other Orders of the Day be postponed for the Oaths Bill, and
Churchill opened the debate with a vulgar and violent harangue, which
ended with a hope that the Tories would "give no facilities for placing
in that House brazen Atheism and rampant disloyalty." Several followed
suit; and Northcote, seeing his followers leading him as usual, made
one of his flabby speeches in deprecation of anything like speedy
action in the matter. The measure must be discussed "upon its own
merits, and not with reference to the circumstances and position of any
given individual;" and there must be no "semblance of hurry for the
purpose of avoiding a scandalous scene." In fine, there should be no
alacrity. Gladstone extensively assented, agreeing to allow an interval
after the introduction of the Bill; but a number of Tories threw over
their leader, and one Lewis moved the adjournment of the debate. This
failing, the Home Rulers raised a dispute on procedure, whereafter the
Attorney-General, Sir Henry James, introduced the Bill. In the course
of his speech Sir Henry cited the admission of Northcote to the effect
that he did not object to Bradlaugh sitting in the House, but to his
taking the oath. The unhappy Northcote, pressed on all sides, made the
pitiful explanation that when he said so he only wanted to raise the
point of the oath; but he did not now wish to be understood as having
no objection to Bradlaugh's presence in the House.
Adjourned till Friday the 6th May, the debate was then proposed to be
postponed till the 10th, whereupon Mr A. J. Balfour—who now for the
first time interposed in the controversy within the House—objected
to the Government's course as being taken "not to give relief to any
large class of Her Majesty's subjects, but to deal with an individual."
Sir Richard Cross, who was reminded that he had admitted there was no
way out of the difficulty save by legislation, granted that he was of
that opinion, but avowed that he would all the same oppose any attempt
to give facilities for Bradlaugh's admission. On a division on the
amendment the Government had only a majority of 6 votes—128 to 122.
On their motion being put substantively, a new discussion arose, the
Tories moving the adjournment of the debate. Bright made an impressive
speech, in which he "ventured to say that if the Bill were passed
there were scores of members who would prefer to make an affirmation,"
but obstructive speaking went on, Mr T. P. O'Connor, among others,
ridiculing Bright's speech, and charging him with having "insulted the
religious feeling of the Irish people" earlier in the evening. After
hours of time had been spent, the Government, at three o'clock in
the morning, agreed to the adjournment; but on Tuesday morning, when
the question was raised after one A.M., the obstruction was
continued on precisely the same lines, and the ministry gave up their
plan of a "morning" (i.e. afternoon) sitting. Lord Henry Lennox's
principle of "putting that damned Bradlaugh on them" was now felt by
his party to be an inspiration worthy of the common cause. Bradlaugh's
admission stood indefinitely adjourned, so far as the Government were
concerned. But they had still to reckon with Bradlaugh himself.
Giving due notice, he presented himself at the House next day, and the
now customary scene was enacted. The Speaker made his usual appeal, and
Sir Stafford Northcote moved "that the Sergeant-at-Arms do remove Mr
Bradlaugh from the House until he shall engage not to further disturb
the proceedings of the House." On challenge, he explained that by this
he meant that Bradlaugh should "not come within the door kept by the
doorkeepers." To this motion Gladstone agreed, asking his followers to
do likewise. It "relieved the Government," as the journals noted at the
time, "of the necessity for pushing on the Parliamentary Oaths Bill."
Bradlaugh for his part decided not to renew his attempt until the
Irish Land Bill had got through the House. So much consideration he
thought the Government were entitled to, and no amount of injustice
from Irishmen could induce him to put in jeopardy a measure of justice
to Ireland. On this decision he promised the Sergeant-at-Arms not to
attempt any forcible entry of the House without giving him full notice.
§ 10.
Meanwhile the battle of opinion went on outside the House. It was
noticed at the time, as a significant fact, that in the newspaper war
on the subject nearly every attack on Bradlaugh was anonymous, or
signed with initials, while nearly every defence of him was signed.
His friends fought for him with his own spirit. A "League for the
Defence of Constitutional Rights" was founded in his support; and an
"anti-Atheistic Committee" was formed on the other side, with an office
in the Strand, and with the name of Sir Bartle Frere figuring in its
propaganda. On this Bradlaugh struck out as he seldom did. "At least
very shame," he said, "should have made Sir Bartle Frere hesitate
before he paraded his blood-and-shame-stained name in a crusade against
me." The "anti" Committee held a ticket meeting in Exeter Hall, at
which a Secularist who had a platform ticket learned from a member of
the Committee, a magistrate, that the Committee had engaged for the
evening six prize-fighters, with instructions to "stop the mouths of Mr
Bradlaugh's friends with their fists." The meeting was presided over
by Earl Percy, and among the speakers was the Varley before mentioned.
"Bradlaugh's friends" filled the street outside and carried counter
resolutions. Indoors the promoters had the services of the police in
tearing up the tickets of any comers who were pointed out to them
as Freethinkers, and in ejecting the presenters; while disorder was
created by the further ejection from the platform of a number of
Freethinkers who had gone thither with proper tickets.[151] No less
than two hundred policemen had been supplied by the Home Office. After
this naturally there was some disturbance. According to Canon Taylor,
one of the speakers, "for an hour and a half it was scarcely possible
for the different speakers to get a hearing, except a few sentences
at a time; and when 'God save the Queen' was sung the Atheists in
every possible way showed their disloyalty." The resolution of the
promoters was declared carried; but the Rev. Canon "was alarmed to
see such a large minority, extending from beneath the platform to the
other end of that large hall, composed of men and, he was grieved to
say, women." (The boys present, it may be inferred, belonged to the
Young Men's Christian Association.) And this alarmingly large minority,
when the "contrary" vote was taken, "rose with the greatest possible
manifestations of dissent, and with the waving of handkerchiefs." Quite
a number of similar meetings in the provinces failed more or less
badly. On the other hand, Bradlaugh in person held crowded meetings,
free to all, in many towns, getting an ovation everywhere, in addition
to which scores of resolutions and petitions in his favour were
sent to the House by Liberal and Radical clubs. A mass meeting held
at St James's Hall under the auspices of the Constitutional Rights
League, finally, was packed to the door. Among the speakers were three
clergymen, one belonging to the Church of England, Admiral Maxse, and
Mr Labouchere; and no dissentient vote was given on the resolutions
in Bradlaugh's favour. One of the Nonconformist ministers who spoke,
the Rev. Mr Sharman, told how Plymouth Liberals had sent to Northcote
the telegram: "We protest against your effort to deprive Northampton
of one-half of its representation as being revolution in the name of
Conservatism and robbery in the name of religion." The Rev. Stewart
Headlam said of Bradlaugh:—
"I know the great work he has done in the east of London for the moral
condition of the people. I know how he has got hold of hundreds of
people whom we clergy have been utterly unable to reach; and ... I am
certain that the work he has done in the east of London has been of
the greatest moral use for the elevation of the people."
Bradlaugh, on his own part, paid one of his many tributes to Gladstone.
Of this meeting no report appeared in the leading Liberal paper, the
Daily News, then understood to be mainly owned by Mr Samuel Morley,
before mentioned. This was unhappily not the only instance of a
Liberal journal perverted by private motives to the side of bigotry
in Bradlaugh's case. Mr Joseph Cowen, M.P., owner of the Newcastle
Daily Chronicle, who had long been on friendly terms with him, and who
had volunteered the expression of approval of Bradlaugh's action when
he was imprisoned in the Clock Tower, now took the line of charging
him with inconsistency in proposing to take the oath, though it was
for trying to take the oath in the previous session that he had been
imprisoned. And Mr John Morley, then editing the Pall Mall Gazette,
not only gave prominence in that journal to utterances hostile to
Bradlaugh, such as that of Mr Holyoake, but suppressed letters in his
favour, even when sent by a literary man of good standing like Mr
Moncure Conway. Mr Morley, while of course condemning the Tory tactics,
now blamed Bradlaugh for proposing to take the oath at all, though he
had before spoken of him as "parading his views," and though, when he
previously accused him of first "declining" the oath and then asking to
take it, he had not condemned oath-taking by an unbeliever. Bradlaugh
pointed out that voluntary abstention from taking the oath would have
made his seat void in law, to which the Gazette editorially answered
by expressing its confidence that if Bradlangh had simply refused to
take the oath, the House would not have dreamt of unseating him on
that score. On the strength of that conviction the Gazette editor
wrote:[152]—
"We have not concealed our opinion that Mr Bradlaugh would have
consulted his own dignity by refusing to take the oath, and fighting
out an issue which could only have one end." And again:[153] "The
national belief in the existence of a Deity will not be lessened by
the fact that Mr Bradlaugh and men like him are no longer called upon
to use a form which in their lips is an indecent piece of mockery."
When later elected himself, Mr Morley made no attempt to act on the
rule he had thus laid down or caused to be laid down for another man.
It is a curious and a melancholy illustration of the instability of
human character that while Mr Morley was partly playing into the hands
of the spirit of injustice, Mr Goldwin Smith, who now wears its livery,
was emphatic on the other side. He thus wrote in his Toronto journal,
the Bystander, in April 1881:—
"To the shame of British civilisation and religion, the attack upon Mr
Bradlaugh and upon the civil rights of his constituents goes on, and
has been technically successful in a court of law. The ringleaders
are scamps, putting forward religion as a pretext for political
persecution. It is Sandwich over again denouncing Wilkes for impiety.
Set a coronet on Mr Bradlaugh's head, give him a large fortune, make
him a Tory in politics, and though he were the most offensive of
Atheists, and the most profligate of debauchees to boot, he would have
these crusaders at his feet.... If Parliament allows a fine to be
levied on Mr Bradlaugh for taking the seat to which he had been duly
elected it will undergo a far greater disgrace than any that can be
inflicted upon it by obstruction."
Doubtless Mr Goldwin Smith, writing in Canada, did not feel the burden
which weighed on Liberal respectability at home, the more so as he had
never professed himself a rationalist.
§ 11.
The lawsuit raised by Clarke on behalf of Mr Newdegate still went on
its difficult way, Bradlaugh fighting it inch by inch and point by
point. On 2nd May 1881 he argued before the Lords Justices of Appeal a
point on which he had previously been stopped, and on which no judgment
had been given. This was as to the validity of the "replication," in
which Bradlaugh argued that, as he had actually made affirmation, he
could not properly be sued (as he had been) for sitting and voting
without taking the oath. The judges ruled that as he was not in their
opinion entitled to affirm, the fact of his affirming was not a valid
answer. Defeated here, Bradlaugh decided next to endeavour to overthrow
the action on what he described as a pure technicality, the argument
that, as the writ was dated 2nd July 1880, and the vote sued on had
been given on that day, the action had been brought too early, "for
that the writ must be held to have been tested at the earliest possible
moment of the 2nd of July, and therefore prior to the sitting and
voting for which the penalty is claimed." This point was raised on
16th and 17th May before Lord Chief Justice Coleridge and Mr Bowen,
on Clarke's counsel moving for judgment, and Bradlaugh advanced a
long and learned argument on the point. Judgment was delayed, and the
legal point was tried on 20th and 21st June, before Justice Denman
and Watkin Williams, on the plaintiff's amended statement, Bradlaugh
demurring. His demurrer was overruled, Justice Denman admitting
that the point raised was "true as a general rule of law," but not
applicable to this case; and his lordship gave this singular reason:
"For a legal fiction is for the purpose of doing justice, not for
defeating it." It was not suggested that justice was being done in the
case in hand; but if Bradlaugh's argument were to hold good, it might
be defeated in somebody else's case. "No rule of law," said Justice
Watkin Williams concurring, "compels us so to violate common sense
and plain understanding," another decision worth remembering in the
present connection. Bradlaugh drily wrote in his journal: "I think the
decision of Justices Denman and Watkin Williams is in accordance with
common sense, but I do not think it is consonant with common law." He
added: "I shall, of course, appeal against the decision. The next step
will probably be the trial at Nisi Prius"—that was, the trial of
the matter of fact as to the exact hour of issuing the writ, which had
still to be proved by oral evidence before a jury.
That trial took place before Mr Justice Grove and a special jury, in
the Queen's Bench Division, on 19th, 20th, and 22nd July; and the
cross-examination of witnesses by Bradlaugh elicited, for one thing,
that Newdegate was the financial backer of Clarke's action, and, for
the rest, that the evidence of Newdegate and his principal witnesses
on the question of the time of issue of the writ was rather worse than
worthless. Newdegate had a very bad time of it in the witness-box, and
the verbatim report of his cross-examination[154] may be recommended
to legal students as illustrating the value of the testimony of an
English gentleman and magistrate who believes devoutly in God, and
holds that no unbeliever can be believed. A worse appearance has seldom
been made in the witness-box by a man of standing; and in the case in
question it was only surpassed in importance by the exhibition made
by Newdegate's principal legal witness—a gentleman who was proved
to have expressed his surprise that another legal gentleman should
consent to give evidence for "a man like Bradlaugh." The whole report
is a singularly dramatic comment on the proposition that oaths secure
truthful evidence. Probably no competent and unbiassed person who now
reads it will have any difficulty in concluding that the writ had
actually been taken out at least an hour before Bradlaugh had given the
vote on which it proceeded, and that at least three witnesses swore to
falsehoods. Bradlaugh categorically asserted in Court that Newdegate
had lied; and Newdegate's evidence was hardly the worst.
The facts of the case may now be historically stated with tolerable
confidence. Newdegate had been afraid that a friendly action would
be brought against Bradlaugh, in which case Bradlaugh would not have
to meet the £500 penalty. Newdegate desired that Bradlaugh should be
mulcted; and he had actually been indecent enough to block the Bill
of Indemnity introduced on Bradlaugh's behalf by Mr Labouchere. Nay
more, in opposing the motion that Bradlaugh be permitted to sit on
affirmation, he had argued that it was beneath the dignity of the House
to lay a trap for a man and leave him to be caught in it by any one who
cared to prosecute. Yet after saying this, he gave a bond of indemnity
to Clarke, the common informer, for suing Bradlaugh; and he had
apparently selected Clarke—a nondescript person, sometimes called a
surveyor, sometimes an accountant, but professionally neither—because,
having little or no means, he could not be made to pay costs in case of
Bradlaugh winning the action.[155] Such a litigant would not stick at
trifles. In concert with his legal advisers, Newdegate, to forestall
the friendly action, had the writ ready for serving before Bradlaugh
had voted. This, at least, seems to be pretty clearly revealed by the
extraordinary prevarications of Newdegate and his witnesses.
The case ended oddly. The jury, after being locked up for nearly an
hour, intimated that they were not likely to agree; and the judge
asked whether a majority verdict would be accepted. Bradlaugh offered
to do so, but Newdegate's counsel declined. After nearly an hour
more, however, the jury agreed on their verdict; and it was for the
plaintiff, Clarke. It was understood that they had agreed to give their
verdict by majority. Bradlaugh tersely remarked in his journal: "The
ultimate verdict a little disappointed me: I had thought that I had
won." Certainly the judge's summing-up had seemed to be in his favour.
As usual, he appealed. Like Ben Bolt in the novel, he was "bad to
beat." He appealed for a new trial, on the ground that the verdict was
"against the weight of the evidence." But that was not all. Newdegate,
having confessed giving a bond of indemnity to Clarke, had laid
himself open to a return action, under a form of law, for the offence
of "maintenance;" so on 27th July Bradlaugh accompanied Mr (now Sir)
George Lewis, the famous solicitor, to Bow Street Police Court, where
Mr Lewis moved for a summons against Newdegate, and another against his
solicitor as accessory. The magistrate, Mr Flowers, was somewhat taken
aback. "Is it not rather——" he began. "Yes," said Mr Lewis promptly;
"and so is the action against Mr Bradlaugh. Mr Newdegate asks for
strict law against Mr Bradlaugh, who now asks in return that strict law
may also be enforced against Mr Newdegate." The summonses were granted.
Next day, 28th July, and on 1st August, Bradlaugh argued before
Justices Grove and Lindley his motion for a new trial on the question
of time in the Clarke case. Finally (8th August), after a request from
the Court for affidavits had been followed by an extremely improper
step on the part of Newdegate's solicitor, who actually sent some
affidavits privately to Mr Justice Grove's house, the Judges gave a
rule nisi for a new trial on the ground urged. This rule could not be
argued till November, and if it were then made absolute the new trial
could not take place till after Christmas, so that Newdegate was once
more intercepted. The criminal summonses, on the other hand, did not
come on till 20th September, for reasons which will appear in the next
section, and when heard were dismissed by the magistrate, Mr Vaughan.
"He was of opinion that complainant had not shown that the maintenance
of which he complained came within the meaning of the statute. Though
the statutes of Richard II. and Henry VIII. did undoubtedly refer to
crimes and imprisonment for maintenance, still it was most singular
that no indictment could be found for violation of these statutes.
It seemed to him that the proceeding was an obsolete one, and that
the criminal law ought not to have been invoked for a purpose of this
description, when it was open to Mr Bradlaugh ... to apply to the
common law courts.... Old statutes had been searched out in order
that proceedings—which he could not help thinking had been taken to
gratify a very unfriendly feeling on Mr Bradlaugh's part—might be
instituted in the hope that Mr Newdegate would be committed for trial."
The licence of general criticism taken by our magistrates has seldom
been more strikingly exemplified; and no one but a prejudiced
magistrate, probably, would have had the assurance to condemn a
litigant for "unfriendly feeling" towards a declared enemy who had
wantonly and zealously sought to ruin him.[156] The deliberate setting
aside of the statutes as obsolete, too, while a civil action was
admitted to lie, was an act of lenity to Mr Newdegate, contrasting
favourably with the attitude of other judges towards Bradlaugh. But the
fact that a civil action remained open was sufficient for Bradlaugh's
purposes; and already Newdegate had begun to repent somewhat of his
zeal. His costs were accumulating, and still the hoped-for prey was
out of his reach. A circular was accordingly issued on his behalf by
Captain Bedford Pim, who felt "strongly that Mr Newdegate, M.P., should
not be allowed to suffer for his spirited and patriotic action against
Atheism, and that some steps should be taken to bear him harmless in
the struggle upon which he has so nobly entered."
§ 12
In the interval between the issuing and the hearing of the summonses
for maintenance, something more serious had occurred. When the
Government had in May decided to postpone their Oaths Bill, Bradlaugh,
while acquiescing perforce in the delay, had renewed his platform
agitation with redoubled energy, preparatory to forcing a fresh
contest on the House if need were. The situation grew worse instead
of better. Between 20th June and 4th July he had had a formal
correspondence with Mr Gladstone on the subject. "You are aware,"
wrote Mr Gladstone, declining the request for an interview, "to how
considerable an extent Liberal and public interests have been brought
into prejudice by untrue suppositions as to communication between you
and the Government." Bradlaugh answered by a detailed statement of
his action, which had been guided by a desire to avoid embarrassing
the Ministry; and Gladstone in reply acknowledged this; but later
(28th June) intimated that they proposed to try to close the Session
early in August, and they could not hope to carry any strongly
controversial measure after the Land Bill. This intimation was made
definite in a letter of 2nd July, and Bradlaugh was once more left to
his own devices. He chose his course at once. First he addressed to
the Speaker, under date 4th July, a formal letter, setting forth his
contention as to the illegality of the House's action on 10th May. He
was advised, among other things, that the excluding order of that date
did not authorise the Sergeant-at-Arms to use force, and that the use
of force to prevent his re-entry would be illegal.
"I beg therefore, sir," he went on, "most respectfully to give notice
that I claim to disregard the order of the House, ... and to treat
the same as not requiring obedience from me, on the ground that such
order is absolutely illegal.... In the name of the law, sir, and of
my constituents, I also most respectfully give notice that I shall,
in the manner and at the time provided by the standing orders of the
House, again present myself at the table of the House, to complete the
fulfilment of the duty imposed on me by law."
On this declaration he set about acting. He had had no encouragement
whatever to hope for justice save under pressure. Northcote, who had
no moral motive for his action, was open to no moral appeal. To him
Bradlaugh addressed a public letter (1st July 1881), which to-day needs
neither adding to nor taking from. After a recital of the facts, it
ran:—
"At first, though I disagreed with you, I thought you honest, for you
had the repute of an honourable man, and you said that it was not
from any desire to prevent my taking my seat, but from a desire to
prevent the profanation of the oath, that you were prompted to act
as you did. You had been present in the House when John Stuart Mill
took the oath, and you raised no objection. You have been present
in the House when other members, whose heresy is matter of common
repute, took the oath, and you have rested silent. Yet I counted you
a fair English gentleman, and I believed your word in any case. But
now, from your speeches outside the House, I find that you claim
to hinder me from sitting in Parliament, whether by complying with
the law as it now stands, or by means of any change which may be
proposed to meet your objection. At Manchester you justified your
action on the ground that there was a general feeling in the country
against me personally[157]—a dangerous argument, even if it were
well vouched. But how is this feeling to be tested? Nearly all the
meetings called against me have been lamentable failures, despite the
most ridiculous precautions. Almost every meeting called in my favour,
and this whether or not I have been personally present, has been an
enthusiastic success.
"And yet the very vilest means have been resorted to to damage me
in the public mind. In your presence at Manchester, and without one
word of rebuke from you, one distinguished and noble member of your
party repeated against me some of the utter falsehoods of the Varley
pamphlet, although I had given you in writing my distinct assurance of
the untruthfulness of much of that pamphlet.... To make a show against
me, petitions have been sent round the country to hundreds of Sunday
Schools, and little children by the score have been compelled to affix
their signatures. Two petitions presented by yourself from Glasgow and
York contain hundreds of signatures of lads and girls under twelve
years of age. Orange Lodges, Roman Catholic organisations, and the
machinery of the English Church Associations have been utilised to
procure signatures."
Northcote replied:—
"I cannot admit that there is any foundation for the charge of
illegality which you make against the House of Commons. But I must
decline to enter into controversy with you upon the general subject of
your case. I can only say that I have acted from a sense of public
duty, and from no personal motives; and that I see no reason for
doubting the propriety of the course which I have pursued."
But even those Liberal members who had voted on his side were for
the most part quietly acquiescent in the injustice done, regarding
a wrong to one "unpopular" man as a small matter. The only member
who persistently protested was Mr Labouchere, for whose courage and
constancy throughout the whole struggle no words of praise could be
too high. In the circumstances there was nothing for it but to rouse
the country, and this Bradlaugh did as only he could. It is difficult
now to realise the enormous amount of energy he had to spend. While
his cases were pending in the higher courts, he was doing three men's
work outside. Thus in the week 18th to 24th July we find him spending
three days fighting his case in the hot and crowded Court; holding
three night meetings in London; attending a Freethinker's funeral
(where the sight of the grief of the widow and children made him quite
break down); speaking at a great demonstration of miners in the north;
giving three lectures in South Shields; and holding a huge gathering
in the Free Trade Hall in Manchester. He knew he was drawing terribly
on a constitution which, though of a giant's strength, had for many
years been doing giant's work; but he never flinched in a battle while
he had any strength left. His plan was to evoke a clear expression of
feeling on behalf of his claim in all the large towns, to hold a mass
meeting in Trafalgar Square, and then again to present himself at the
House; and if the House had been capable of looking at the issue half
as reasonably as the constituencies did, it would have been promptly
settled. Wherever Bradlaugh went, he got unanimous votes in his favour.
At one stage he reckoned that out of a series of audiences amounting
in numbers to 75,000, only two hands had been held up against his
claim. It was wonderful to see how he swayed audiences against their
own prejudices. He must have been listened to by thousands of men
who disliked him and his opinions equally; but they simply could not
resist the appeal for a just judgment. I well remember how, when he
spoke in Edinburgh in 1881, he extorted a vote from a general audience
there. The body of the hall was filled with middle-class citizens, few
of whom had any sympathy with his propaganda, and many of whom must
have strongly resented his "notoriety;" in the gallery were a number
of Tory students, with the manners of their kind; and post-cards had
been freely circulated with a view to an organised opposition. At the
outset the students did their best, but Bradlaugh's voice rose easily
above their din; a quick repartee or two to their interruptions turned
the laugh against them, and soon he was quietly listened to.[158] At
the close he made the usual call for a show of hands on his claim.
As one of the promoters of the meeting, I was interested in watching
the manner of the response; and I can still see the respectable
church-going shopkeepers slowly and as it were compulsorily raising
their right hands at the call of the Atheist and Republican. Only some
dozen, as far as I remember, voted "on the contrary." This was in an
audience mainly unsympathetic. At Trafalgar Square, of course, he was
in a dense army of enthusiastic supporters, including many delegates
from provincial towns. The Dublin Freeman then, owned by Mr E. D.
Gray, and the organ of Mr Parnell's party, intimated beforehand that
"no large assembly can take place within a mile of Westminster Palace
and the police will very summarily dispose of Mr Bradlaugh's ragged
followers." The police made no such attempt; and it was well they did
not, for the followers were neither ragged nor timorous, and their
blood was not just then very cool.
This was on 2nd August; it was on the next day that Bradlaugh again
presented himself at the House; and then occurred the crowning episode
in the struggle—crowning alike in point of the dastardliness of the
tactic employed against him and the desperation to which it momentarily
moved him.
His unanswerable contention was that the House was bound to do
something to settle the case. It ought either to declare his seat
vacant or take some course to permit of his sitting. To keep an elected
member out of his seat without disputing the validity of his election
was a course which only a majority of professed lawbreakers could
consistently take; and the resolution excluding him from the House was
merely a puerile evasion by the majority of the legislative problem
they had raised. When, however, Bradlaugh presented himself afresh,
that puerile policy was adhered to, only in a fashion that developed
puerility into brutality. The Liberal Government acquiescing in the
vote of the majority, the matter was left to the police, who treated
it as a police question, some of them behaving with that exuberance of
insolence and ruffianism which they so often and so naturally bring
to their task. Their way of seizing him angered him in a way in which
he had never been angered before. A few extracts from the newspaper
accounts of the time will suffice to tell what happened:—
"Mr Bradlaugh, after having waited till the Speaker had taken the
chair, claimed admission to the House. He was in the first place
opposed by the regular officials. 'I am here,' he said, 'in accordance
with the orders of my constituents, the electors of Northampton; and
any person who lays hands on me will do so at his peril!'" Attempting
to enter the House, he was seized by the messengers, but their
resistance being insufficient to overcome the force they roused him to
use, the police were called upon. "It was said by Inspector Denning
that four ordinary men certainly could not have expelled Mr Bradlaugh,
and that the ten constables, all remarkable for strength and activity,
who were engaged in forcing him down the lobby stairs, found their
task far more arduous than they had expected." They had him by the
throat, arms, and collar, and he had some of them in the same hold.
"The strong, broad, heavy, powerful frame was hard to move, with its
every nerve and muscle strained to resist.... The sight, little of
it as was seen from the outside, soon became sickening.... An almost
deathlike pallor had spread over Mr Bradlaugh's sternly-set features;
he was gasping for breath, his body was bent, and he was in a state
of exhaustion painful to see. His black frockcoat was much torn, his
collar and shirt disarranged, and he himself in a condition of intense
mental excitement and bodily prostration.... The Trafalgar Square
phrase that this man might be broken but not bent occurred to minds
apprehensive at the present appearance of him.... His face was deathly
white, and there was about the mouth an expression of determination,
which those who witnessed it cannot readily forget. Overborne by the
desperate struggle, he fainted, but soon recovered when water was
brought to him."
When Bradlaugh appeared at the door in the grasp of the police there
was a cry of wrath from the assembled crowd, which told of a source of
"force" that might conceivably be tapped. At another door Mrs Besant
stood, at the head of a mass of followers, who, hearing vaguely of
what was happening, were urgent in their demand to be let take the law
in their own hands. A word from her, a word from him, would have sent
the multitude headlong into the House. They were not a chance London
mob: they included thousands of staunch working men from all parts
of the country, who had attended the demonstration the day before.
They were wroth with the callous iniquity that had been and was being
worked by the majority inside. And Bradlaugh, standing bruised and
shaken and insulted on the steps, hardly able to breathe, but with the
fury of physical struggle still upon him, had a supreme temptation. In
his first anger, alluding to the brute force used against him, he had
said to Inspector Denning, "I shall come again with force enough to
overcome it;" but he did not carry out his threat, though he might have
done it on the instant. Had he but lifted his hand to beckon, the ten
policemen would have been tossed aside like chaff by the host of his
infuriated friends; the House could have been stormed, and his enemies
could have been kicked wholesale into the river. With a supreme effort,
he controlled himself, and forbade all outbreak; proceeding further
to go through the form of trying again to enter the House, so that
Inspector Denning should have to make a form of resistance, on which
he might found an action. It was well. But it is believed that there
are still some who, perfectly recognising the superiority of the course
actually taken, can never wholly stifle, on retrospect, an obscure and
unreasoned but haunting wish that the multitude had taken its own way,
sacked the House, and thrown, if not the Speaker and his wig, at least
Lord Randolph Churchill, and Sir Stafford Northcote, and Sir Henry
Wolff, comrades three, into the Thames, that ancient river and unclean.
The picture as it stands is memorable enough. I have been told that
James Thomson the poet, the estranged friend of Bradlaugh's youth,
was among those at the gates; that he turned pale at the sight of the
struggling group; and that his companions could hardly withhold him by
force from rushing to his old comrade's help.
English gentlemen in general, of course, did not feel about the matter
in that way. Bradlaugh told:—
"On Wednesday last I saw more than 150 members of the House of Commons
gathered to witness, for the first time in English history, the
cowardly and shameful use of overwhelming brute force in order to
prevent a duly-elected member of that House from complying with the
law. Most of these members seemed to enjoy the scene; one, Montague
Scott, climbed to the top of a pillar, so that he might have a good
(and safe) view; another, Alderman Fowler, actually followed to the
very bottom of the stairs, encouraging with voice and gesture those
who were using force against law. A few, a very few members, protested
against this conduct towards one of their fellow-members."
Fowler had shouted "Kick him out." He afterwards denied doing so.
Bradlaugh on this wrote:—
"I see that Alderman Fowler in his place in the House of Commons
denies my statement. I can only say that it is quite impossible I can
be mistaken, for I saw Alderman Fowler stand, occasionally making
jeering gestures, for nearly ten minutes after this, within four or
five feet from me while I was recovering from the exhausting effects
of the struggle."
Others saw the same. Concerning Fowler it is not necessary to
investigate: his denial may stand for what it is worth; but it is quite
certain that scores of members had looked on gleefully. Such creatures
can our "English gentlemen" become, under the inspiration of their
religion and their politics.
Inside the House the matter was at once raised by Mr Labouchere,
who moved as a matter of privilege that the resolution of 10th May
only excluded Bradlaugh from the outer doors of the Chamber, and not
from the lobbies, and that the officers of the House, in excluding
him completely, had acted without authority. The Speaker stated that
the officers had acted under his directions. Mr Gladstone lengthily
argued that there were "three distinct grounds" on which it was to
him "quite plain that the motion could not be sustained." Northcote
naturally approved altogether of the Speaker's action. Sir Wilfred
Lawson contrived, despite interruptions, to make a good fighting
speech on the main question, under cover of a proposed amendment,
which turned out to be a motion for the rescinding of the resolutions
of 26th April and 10th May. Mr Cowen invited the Government to say
whether they would reintroduce their Oaths Bill next session, but no
response was given; and the discussion drifted on in the usual wasteful
way. Mr Biggar observed that on personal grounds he was indisposed
to vote on Bradlaugh's side in the matter, because Bradlaugh had
voted for the expulsion of Irish members earlier in the year, but he
would vote against it as a bad precedent. The level of the debate was
raised by a dignified speech from Bright, who irregularly appealed
to the Opposition to think of what they were doing; whereupon Lord
John Manners' made the pragmatic reply that might have been expected
from that feudal personage. On the moving of an amendment approving
what had been done, Gladstone diffusely intimated that it would be
out of order for him to answer Mr Cowen's appeal. After much talk a
vote was taken, when 7 voted for Mr Labouchere's motion and 191 for
the amendment, a number of Radicals walking out to avoid voting. To
the amendment, put as a substantive resolution, Mr Ashton Dilke moved
a fresh amendment asserting the need for legislation, but this was
disallowed as irrelevant. Sir Wilfred Lawson tried another, which
fared no better. Mr Callan rose to explain that whereas Mr Bright had
described Bradlaugh as being reduced to a fainting condition, he had
put one of the officers in a far worse condition by his grip of that
officer's throat—a statement which, despite its source, was not wholly
untrue. Finally the resolution approving the course taken was allowed
to pass, whereupon Mr Labouchere gave notice that he would again raise
the main question on going into Committee of Supply.
§ 13.
Thus once more was the day of reckoning put off, the more decisively
because an early result of the scuffle for Bradlaugh was a dangerous
attack of erysipelas in the arm—the same arm which had suffered from
the Tory bludgeons in 1878. He was able, indeed, though sorely shaken,
to speak at the Hall of Science in the evening, when he appealed to
his followers to avoid all violence. He was able to attend the law
courts at Westminster on the 5th, when a House of Commons policeman,
seeing him, fled indoors to give warning. On the same day Bradlaugh
attended at the Westminster Police Court to apply to the magistrate,
Mr D'Eyncourt, for a summons against Inspector Denning for the assault
of the 3rd—not the ejection by the police, but the later formal
resistance to Bradlaugh's entrance. This was a purely formal action,
Bradlaugh having testified in his speech at the Hall of Science that Mr
Denning personally had managed his unpleasant task with all possible
consideration. The magistrate, laying significant stress on the action
of the Speaker and of the House, declined even to grant the summons.
One of his explanations was that "society has a right to protect itself
against intrusion," and his tone throughout showed sufficient animus.
Having thus done what he could, Bradlaugh had to own himself disabled,
and go to the seaside under medical treatment. On his arrival at
Worthing, when he had wearily taken his place in the fly, a clergyman
walked up, stared hard at him, and then said in a loud voice: "There's
Bradlaugh; I hope they'll make it warm for him yet." The enemy in
general behaved with their accustomed generosity. The Irish Times led
the way with an intimation that he was malingering, stating further
that the Irish members had opposed him because he "supported the
Coercion Bill." The North Star repeated the charge of malingering
with exuberant brutality. The St James's Gazette spoke of Bradlaugh
as having behaved "like a drunken rough," further repeating the lie
that he had "originally refused" to take the oath. Others rated him for
his constant appearances in the law courts. The Standard, on being
courteously asked to insert a letter correcting a misrepresentation,
suppressed it. Liberals, professing to deprecate the course taken, yet
palliated it; and Professor Thorold Rogers, among others, declared that
nothing the House of Commons could do was illegal. The ministerial
journals, of course, condemned him, telling him he had "lost friends"
by his attempt. He was to sit still and wait till the Ministry should
have the courage to make an Affirmation Bill a Cabinet question—a
course which they refused from first to last to take, though it
would at once have compelled their deserters to return to their
allegiance. On this it may here suffice to say, once for all, that the
justification given for Gladstone's course in the matter simply serves
to show how low are the standards of our "Christian" statesmanship
down to the present day. The justification is that Gladstone was bound
to refrain from "compromising" his party by making the admission of
the Atheist a Cabinet question. The good of the party must override
the claims of justice. Mr Gladstone's memory is welcome to all the
credit which such an argument will gain him from a posterity probably
devoid of his sense of religious enlightenment. It will be a doubtful
certificate of the foundations he claims for his morality, that while
conscious of "bloodguiltiness" in the matter of the Transvaal, he
declined to incur for conscience' sake the trivial and transient odium
of having made justice to an Atheist a decisive demand as between
him and certain of his followers. I am not here putting the opinion
of Bradlaugh—whose chivalrous respect for Gladstone prevented him
from passing any such criticism, whatever he may have thought in his
heart—but laying down what seems to me the only doctrine worthy of
conscientious democrats.
It is satisfactory to be able to record that whilst the worst of the
Tory and clerical party exulted in Bradlaugh's physical ejection, many
religious men were moved by it to new sympathy with him. One esteemed
Churchman wrote as follows:—
"After reading of the violence unjustly perpetrated on you yesterday
by the order (or, at least, with the sanction) of a so-called Liberal
majority, I desire, though an entire stranger to you, to offer you
my sympathy. I never read anything which warmed me more than this
account. If the present Cabinet does not secure your admission to
the House in some way or other, I can only wish they may be turned
out of office. The name of 'Christian' and the religion of 'Christ,'
which I venerate, they make odious. As if Christianity could ever be
less than common justice! I don't know what more I can do than say,
'Go on!' and 'Go in!' And if others feel as I do, you will be pushed
into your place by a whole nation, with a much more irresistible force
than has been used by a contemptible clique to keep you out.—I am,
very respectfully and heartily, your well-wisher,
"E. D. Girdlestone."
Needless to say, a number of Liberal journals, though less
emphatically, protested likewise. All along, indeed, there were more
voices for justice in the Liberal press than in the House, despite the
common sense of a need to disclaim sympathy with the wronged man's
"opinions." On the other hand, a number of pious persons, none giving
their names, but all stating that they were Christians, wrote to assure
the disabled man that he was going to hell. One promised to help him
thither by shooting him if he again tried to take his seat. Two wrote
that they prayed he might not recover, and many imbeciles sent tracts
and religious books.
Of another order was the enmity of Sir Henry Tyler, who, feeling now
safe in Bradlaugh's enforced absence, made an attack in the House of
Commons on the Hall of Science science-classes and their teachers—an
attack which he might have made while Bradlaugh sat, but did not.
The argument was that science classes taught by atheists should be
excluded from the South Kensington system. Of the teachers, three were
women, viz. Mrs Besant and the Misses Bradlaugh; and as even the pious
majority did not care to back up such an outrageous attack, it came
to nothing. Mr Mundella, the Minister concerned, even went out of his
way to vindicate the classes; and the press mostly supported him. As a
matter of course, the classes had been taught on strictly scientific
lines.
In a few weeks from the date of his injury Bradlaugh was about again,
lecturing, and speaking at demonstrations. His doctor advised him to go
abroad, but he had his law cases before him, and felt he must buckle
to work. At the beginning of September he published a fresh appeal
"to the people," and on the 5th of that month he spoke at a potters'
demonstration at Hanley, despite continued suffering in the arms. In
his own journal, too, he once more took up the cause of Ireland—which
indeed had all along been advocated in its columns—disregarding
entirely the treatment he had had at the Irish members' hands. But
stiffer work was before him, in the trial of his appeal against the
decision of Justices Denman and Watkin Williams, on the legal or
technical point, as to the validity of a writ dated on the day of
the ground of action. This appeal was argued before Lord Coleridge
and Lords Justices Baggallay and Brett, on 12th and 14th November,
partly on different lines from those gone upon in the first instance.
Bradlaugh was complimented by the judges on his "able and ingenious
argument;" and the discussion between him and them is indeed a very
pretty piece of high-class legal fencing. Sir Hardinge Giffard, who
throughout these cases makes no great show as a pleader, did not
attempt to deal with the most difficult point at all, and his junior
did still worse; but their lordships dealt with it fully and carefully;
and Bradlaugh handsomely acknowledged their rectitude, though they
decided against him. His first care was to make sure that the plaintiff
should not be allowed to tax his costs until final judgment on the
other appeals to the House of Lords; and this was granted. The wolves
were thus still kept at bay.
Next came on the pleading on the rule nisi for a new trial on the
point of fact as to whether Clarke's writ (which specified no act
of voting) had not been issued before the act of voting on which
it was afterwards formally founded. This was heard on 2nd and 3rd
December by Justices Denman and Hawkins, who went into the details
with minute circumspection. Bradlaugh explained that his argument
involved a charge of wilful perjury against James Stuart, the clerk
employed by Newdegate's solicitor, who had been a principal witness
in the previous trial. He further pointed out that Newdegate's
secretary, Hobley, had given a hopeless set of contradictions in
cross-examination; and after the notes of that evidence had been read,
Mr Justice Denman observed: "I am bound to say that after the searching
cross-examination, which no counsel could have conducted more ably, it
is hardly wonderful that Mr Hobley was very confused." It required no
more than the reading of the rest of the evidence to satisfy the judges
that the case for a new trial was fully made out; and they stopped
Bradlaugh in his argument to say so. In regard to the special point
of the time of the division in which he voted, the actual evidence of
reporters was against Bradlaugh, making it earlier than he did; but
when the judges checked his calculations they could find nothing wrong
with them; and the evidence discrediting that of Stuart was too strong
to be dismissed. After a good deal of vacillation, Clarke and Newdegate
decided to appeal against the decision allowing a new trial, Newdegate
in particular having reason to avoid one if possible.
§ 14.
Northcote's excluding resolution of 10th May being only valid for
the session in which it was passed, Bradlaugh was free to enter the
House as before, on the first day of the new session. He announced his
intention to do so; and on the day of reassembling he kept his word.
In the interim an incessant discussion on the case had been going on
in the press and on the platform. Tory speakers, as a rule, alluded
to him with insult, sometimes of the basest description. One, Lord
Ebrington, described him as a person who, but for a legal quibble,
"would be in jail at this moment for publishing an obscene, indecent
book." Another, Mr Orr-Ewing, spoke of Bradlaugh as circulating "filthy
books, calculated to ... drag hundreds down as low as the brute beasts
that perish." Most of the Tory speakers dwelt either on his having
"first refused to take the oath" or "obtruded his views on the House,"
or "declared the oath would not bind his conscience;" and scarcely one
omitted to add untruth to insult. The "profanation of the oath" was
never alluded to without a shudder. On the Liberal side some members
altruistically urged upon Bradlaugh to stand aside "for a few years"
to let opinion ripen; and of the many who spoke in favour of his
admission nearly all thought it necessary to disclaim with "pity" or
"abhorrence" all sympathy with his opinions. Of all these disclamatory
gentlemen, there was not one whose name had then, or has now, the
slightest philosophic authority; but though one or two admitted that
they did not know the nature of the opinions which they all the same
disclaimed, none seems to have been moved to avow that the subject was
beyond his capacity.
Throughout the country, as all along, Liberal opinion was in advance
of the action of the majority in the House; but the Times carefully
suppressed the reports of meetings held in Bradlaugh's favour, and even
of friendly allusions in members' speeches, and the Daily News at
times exhibited equivalent traces of the ownership of Mr Samuel Morley.
On the other hand, the cause of justice had some unexpected adherents.
Lord Derby, speaking at the Liverpool Reform Club, frankly avowed that
he "utterly disbelieved in the value of political oaths," and expressed
a hope that no further attempt would be made to prevent Bradlaugh from
taking the oath if he wanted to. Some groups of dissenting clergy,
too—in particular the Unitarians—petitioned for the abolition of the
oath or the permission of affirmation. But as against the possible gain
from such declarations there was to be set the systematic and energetic
hostile action of the Church of England. One Diocesan Conference
passed a resolution calling on Churchmen in both Houses of Parliament
to resist any measure which would admit "professed infidels" into
Parliament. There was no objection to the admission of infidels who
were not "professed." Another interesting exhibition of Conservative
ethics came from Mr Gorst, Q.C., who, at a banquet at Chichester, in
presence of the Dean, avowed that "he was not a person who pretended to
have any great horror of the offence of bribery." Bradlaugh, who took a
different view, had earlier taken occasion to speak of another of his
assailants as a political scoundrel, in respect of being a convicted
briber.
On the 7th of February 1882, when Bradlaugh as before presented himself
at the table of the House, he was as before interrupted by Sir Stafford
Northcote, who made his customary motion. This time, however, it was
rested on the ground that Bradlaugh had admitted himself to be a person
of a class on whom the law declared an oath had "no binding effect."
Thus the Opposition stood explicitly on the nefarious application of
an ambiguous legal formula, which, as has been above shown, was not
at all framed to carry the meaning thus put upon it. On this occasion
nothing seems to have been said by the Tory leader in his opening
speech about "profanation."
Bradlaugh withdrew to the bar pending the discussion, and Sir William
Harcourt, in Gladstone's absence, briefly moved the previous question.
Newdegate followed with an imbecile speech, which supplied a useful
measure of the minds of those who had supported him throughout the
country. He pointed to the history of France, protested against the
proposed Channel Tunnel, and argued that to admit Bradlaugh would be
"to destroy the distinctions between the basis of government in the two
countries." Further,
"let them compare the condition of the two countries. While the wealth
and the population of France were stationary, and the prestige of her
arms was gone, England's wealth had increased and her kingdom expanded
into empire. The fundamental difference between the two countries
was this—that in the coronation oath taken by the Sovereign, and in
the oath taken by members of both Houses of Parliament, a Deity was
recognised, and the people venerated the obligation. There was but one
other country in the world besides England that had not been conquered
or had not suffered from revolution, and that was Russia.... Both
countries based the claim of their Government to the respect of their
subjects upon the Word of God. The United States had not adopted that
system, and they had seen a civil war and two Presidents murdered
there."
Bradlaugh was then allowed to make his Third Speech at the Bar. He
struck briefly but sufficiently at the speech of Newdegate; and once
more nailed down the eternal misrepresentation as to his having
"paraded his opinions." When he reminded the House that his letter
of 20th May was outside the House, and that he had objected to the
Committee taking cognisance of it, the Opposition laughed. He reminded
them that judges give a silent hearing to a man pleading his case. "If
you are unfit to be judges, then do not judge." Again he put the plain
dilemma: "If what I did entitles the House not to receive me, why has
not the House had the courage of its opinions and vacated the seat?"
Then came a graver challenge:—
"I have read within the last few days words spoken, not by members
of no consequence, but by members occupying high positions in this
House, which made me wonder if this is the House of Commons to which
I aspired so much. I have read that one right hon. member, the member
for Whitehaven[159]—(laughter from the Ministerial side)—was
prompted to say to his constituents that I was kicked downstairs last
session, and that he hoped I should be again. If it were true that I
was kicked downstairs, I would ask the members of the House of Commons
on whom the shame, on whom the disgrace, on whom the stigma? I dare
not apply this, but history will when I have mouldered, and you too,
and our passions are quite gone. But it is not quite true that I was
kicked downstairs, and it is a dangerous thing to say that I was, for
it means that hon. members who should rely on law rely on force. It
is a dangerous provocation to conflict to throw to the people. If I
had been as wicked in my thought as some members are reported to have
been in their speech, this quarrel, not of my provoking, would assume
a future to make us all ashamed."
As the speech went on, he came into more and more sharp conflict with
his antagonists.
"Does the House," he asked, "mean that it is a party to each oath
taken? ('Hear.') There was a time when most clearly it was not so
a party. There was a time when the oath was not even taken in the
presence of members at all. But does the House mean it is a party
now? Was it a party the session before last? Was it a party when
Mr Hall[160] walked up to that table, cheered by members on the
other side who knew his seat was won by deliberate bribery?—(loud
Opposition cries of 'Order')—bribery sought to be concealed by the
most corrupt perjury. Did the House join in it? (Renewed cries of
'Order.') If the House did not join in it, why did you cheer so that
the words of the oath were drowned? Was the House a party when John
Stuart Mill sat in this House?"
After repeating his former explicit declaration that the words of
adjuration would in no way weaken the binding effect of the promise on
his honour and conscience, he was met by jeers, and he began: "Members
of the House who are ignorant of what is honour and conscience,"
meaning to add "in the case of a non-religionist" or words to that
effect. He was again interrupted by loud cries of "Order" and
"Withdraw" from the men who had just been insulting him en masse. He
asked to be allowed to finish his sentence, but was still interrupted
by the mob of hon. gentlemen on the Opposition benches. "These," he
cried, pointing at the rowdies, "these are my judges." There was a
silence, and he went on. His blood was up, and he spoke at greater
length than before, dwelling among other things on the scene of August,
and indignantly rebuking those who had exulted in it. In conclusion,
he offered to stand aside for four or five weeks if the House would
in that time discuss an Affirmation Bill. Nay, if they feared to make
it a Bradlaugh Relief Bill, he would resign his seat and stand for
re-election. The Liberals cheered at this, and he ended: "I have no
fear. If I am not fit for my constituents, they shall dismiss me, but
you never shall. The grave alone shall make me yield."
Mr Labouchere, speaking next, stated that he had had sent him over
750 fresh petitions, signed by about 170,000, in favour of Bradlaugh
being allowed to take his seat, and that other Liberal members had
received petitions signed by about 100,000 more. He proceeded to
challenge Northcote to abide by his own declaration of the previous
year, that the question should be legislated on by the Government;
and Northcote rose to make a second speech. He too, he averred, had
received many petitions, and among others one from Northampton, "signed
by 10,300 persons, giving their occupations and addresses"—a manifest
prevarication, inasmuch as many of the 10,000 must have been the wives
and children of the Tory electors.[161] On the Government amendment he
objected to "profanation of the oath;" and as to the obstruction of
the Oaths Bill last session, he reminded the Government that though
they had certainly been somewhat obstructed, they might at any later
time have put the Bill first on a Government night. As before, however,
the Tory leader declined to make any "bargain." Gladstone replied,
pointing out that it had been quite impossible for the Ministry to
push the Oaths Bill as suggested, and declining to promise that the
Government would give precedence to an Oaths Bill. They should let
Bradlaugh swear, and take his chances in the law courts as before. On
this theme he rang the changes, without much energy. After a number
of minor speeches the House divided, when there voted for Northcote's
resolution 286, and for the previous question only 228. Such a vote
served to dispose of the view which had been advanced by some Liberals,
that the minority of 26th April 1881 was due to the absence of many of
their party who were prolonging their holiday, while all the Tories
were in town for Beaconsfield's funeral. Some seventy "Liberals" had
now deliberately stayed away (among them being Mr Goschen, Sir John
Lubbock, Sir E. Reed, and Sir A. Gordon), while the whole Parnellite
members present voted with the Tories. Five Scotch, eight Irish, and
fifteen English Liberals did the same, among the latter being Mr Samuel
Morley and Sir Edward Watkin.
Immediately on the vote being announced, and the question being put,
Bradlaugh presented himself afresh, refusing as formerly to obey the
resolution. The usual appeal from the Speaker elicited the usual
motion from Northcote, which being carried, Bradlaugh said: "It would
be undignified in me to indulge in any other kind of contest on the
floor. I respectfully obey the House, and withdraw below the bar." The
struggle was now apparently reduced to something like a recognised set
of moves, all of which had been made and might be in due course made
again; and Bradlaugh for the present was left to attend every meeting
of the House, sitting beyond the bar, but without the power of voting
or speaking.
Bradlaugh at once appealed to his constituents to choose whether or
not he should resign; and they promptly decided that he should not;
while some thirty indignation meetings were held throughout the country
within a week, all condemning the action of the House of Commons. The
law advisers of the Crown further formally declared on challenge that
the seat was not vacant; and Bradlaugh wrote Gladstone, formally asking
whether he was prepared to do anything. Gladstone on 18th February
formally replied that he was not. Bradlaugh then took a new step,
forcing the question on the House more determinedly than ever.
On Monday, 20th February, Mr Labouchere formally moved in the House
that a new writ be issued for Northampton, seeing that Bradlaugh had
been prevented from taking the oath and his seat. Churchill moved
to amend the motion by substituting a description of Bradlaugh as
"disqualified." The Attorney-General formally opposed, and the
perplexed Northcote did likewise, being guided by the sole fact that
the motion was proposed by Bradlaugh's friendly colleague. After a
debate, in which Northcote was dishonest enough to assert once more
that Bradlaugh had "claimed" to be "a person on whose conscience
the oath was not binding," the amendment was negatived, as was the
proposition that the words proposed to be left out should be left in.
The resolution was thus left at a stand at the word "who;" and on the
unfinished sentence the House proceeded to divide. When it seemed as
if the "Noes" would "have it" without a division, Bradlaugh moved from
his seat and stood at the bar; but on Mr Labouchere's challenging a
division he returned. On the vote being taken there were 307 "Noes" to
18 "Ayes." The House thus explicitly refused to decide that the seat
should be vacated, though they were all the while preventing it from
being taken.
Bradlaugh was once more at the bar when the tellers announced the
figures. Immediately he walked up the floor to the table, members
looking on without excitement, counting on a repetition of the old
scene. But this time "the scene was changed." While members waited
for the usual action of the Speaker, it suddenly dawned on them
that Bradlaugh had a book in his hand—it was the regulation "New
Testament"—and was taking the oath of his own accord! He had gone
through the whole mummery before the excited House could collect its
faculties, and he duly finished by subscribing a written oath on a
sheet of paper with a pocket pen. The Speaker was on his feet; the
Clerk had come half-way to meet Bradlaugh; and Northcote had risen to
speak, and sat down again, speechless. The Speaker mechanically called
on Bradlaugh, as usual, to withdraw below the bar. He did so, but in
doing it announced that he should return and take his seat, which he
did, seating himself on a back bench. The Speaker solemnly charged him
with disobedience, to which Bradlaugh blandly responded that he had
obeyed them, and had taken his seat in addition, having first taken the
oath. On the Speaker insisting, however, he once more withdrew beyond
the bar, sitting under the gallery as before. Churchill, collecting
himself more promptly than his leader, argued that Bradlaugh, having
taken his seat "without taking the oath," "was as dead," and moved
that the seat be declared vacant. The Attorney-General professionally
pointed out that to vacate the seat under the statute the offending
member must vote or sit during a debate. He suggested that the House
had better adjourn the discussion, which it did after much further
speech-making, in the course of which Churchill declared that Bradlaugh
had "deliberately insulted the House," not for the first time; other
members of similar dignity speaking to similar effect.
Next day the debate was resumed. Gladstone made a long and scrupulously
bland speech, in the course of which he endured much contradiction
of those who thought him insufficiently zealous for the honour of
Omnipotence, concluding by saying that he left it to the majority to
act for themselves. Northcote was laboriously indignant, and lengthily
led up to a motion "that the Sergeant-at-Arms be instructed to prevent
Bradlaugh from entering the precincts of the House," which motion,
on the correction of the Speaker, he converted into an amendment to
that of Churchill. A dispute arose on behalf of Dr Lyons, who had on
the previous night given notice of a more drastic motion, but had
not "caught the Speaker's eye" when he rose before Northcote. Then
the debate drifted on; some members drivelling, some ranting, some
platitudinising. At length Churchill's motion was negatived, whereupon
Dr Lyons proposed his declaring Bradlaugh incapable of sitting, as
an amendment to Northcote's. The pious Lyons was of opinion that
"behind the particular issue there lay a great moral question,"
which, however, he did not specify. Again the debate rolled on. At
length it was noticed that Bradlaugh had once more taken his seat
within the House. The Speaker challenged him, and Bradlaugh began to
explain that he proposed to "ask the indulgence of the House," when
his voice was drowned in yells of "Order." The Speaker then solemnly
charged him afresh with disobedience, and called "the attention of
the House to that circumstance." Gladstone rose in response to calls;
but the Speaker hastily interposed to call upon Bradlaugh to withdraw
beyond the bar, which he did, formally protesting. Gladstone blandly
observed that there was now no disobedience to deal with, and that it
was not incumbent on him to do anything. Northcote arose in a state
of ostensible but flabby indignation, and declared that "he must say
there was a limit" to his "very moderate line." He now proposed to
withdraw his amendment and substitute a motion of expulsion. Gladstone
suavely intimated that he should not object to the withdrawal of the
amendment, and Dr Lyons was induced to withdraw his likewise. The
motion for expulsion, on the ground that Bradlaugh had, "in contempt of
the authority of the House, irregularly and contumaciously pretended to
take the oath," was then put, and Gladstone intimated in a period that
he would not oppose. Mr Labouchere dropped the very apt remark that "he
had always found that when the House was exercising judicial functions
it got into an unjudicial frame of mind," and pointed out that
Bradlaugh's action had been taken to obtain a case for legal judgment,
and could not reasonably be termed "insulting." On a division, 291
voted for the amendment proposing expulsion and 83 against; some
Liberals salving their consciences with the formula that "the House
must maintain the authority of the chair."
A new point was raised by the intimation of one of the tellers that
Bradlaugh had voted in the division. He had thereby completed the
legal circumstances for a test case. The Speaker again asked for
instructions, but Northcote, rather than begin a fresh debate, let the
matter pass. Then arose the question, energetically put by Mr Storey,
whether Bradlaugh should not be heard afresh in his defence; but this
too had to be dropped. On the substantive motion being put, 297 voted
with Northcote, and 80 against; and a motion for a new writ was at once
agreed to by Mr Labouchere.
§ 15.
Not only his constituents, but the people generally, gave Bradlaugh
their instant and warm support. At a great Sunday meeting at
Manchester, to which hundreds of men had trudged many miles through
the rain in the early morning, over hills and moors, from the country
round, some of them only to find the hall full to the door, he had a
reception which brought tears to his eyes. At Northampton, of course,
the struggle was desperate. Mr Samuel Morley, bent on making reparation
to his Deity for his one act of rational tolerance, followed up his
many Tory votes by a letter to the Northampton Nonconformists, asking
them to vote for the Tory candidate as an "act of allegiance to God;"
but, on the other hand, the Radical Association of Bristol (the town
for which he sat), who had by this time, after twice hearing Bradlaugh,
determined to unseat their member, sent 3000 copies of an address
begging the Northampton electors to return Bradlaugh by an overwhelming
majority of votes. A meeting of delegates from some scores of workmen's
clubs in London sent down 10,000 copies of a similar appeal. When
Bradlaugh went down, thousands of people lined the streets to see him
pass to say a few words in the Market Square. Radicals came from other
towns to help in the canvassing, and Mr Labouchere gave his powerful
aid. The Tories, on their part, did their utmost, using, if possible,
viler weapons than before; and meantime they had been adding every
possible vote to the register. The insolence of the Tory candidate
to the workers was such that several of his meetings were broken up.
The outcome of desperate efforts was that Corbett, the Tory, received
rather more of the new votes than Bradlaugh, the figures being 3796 to
3688, a majority for Bradlaugh of 108 (2nd March 1882). In the fury
of despair, the Tories had demanded a re-count of the votes, but this
had only altered the majority by three. The betting fraternity, who
had mostly laid their money on the side of "religion," were naturally
enraged; and Corbett was reported to say on leaving, "I shan't come
back to your dirty town any more." When the news spread, the fury did.
One academic ruffian wrote in the Saturday Review:—
"The average Northampton elector and the rascal who shot at the Queen,
while the average Northampton elector was voting for Mr Bradlaugh,
probably acted from motives not dissimilar in kind, though the acts to
which those motives led differed in degree of heinousness."
Journals which had predicted that Bradlaugh would be defeated, now
propagated the lie that he had been carried by terrorism—their own
terrorism having failed. By the workers in general the news was
received with delight; in most towns it was waited for on the evening
of the election with intense excitement, and acclaimed with unbounded
enthusiasm. The House of Commons, however, was not to be turned from
its evil courses.
On 4th March Northcote notified Bradlaugh of his intention to take the
same course as formerly if he presented himself, and to make a motion
on the writ if he did not. Bradlaugh replied, saying he presumed the
motion would be one to promote the legislation which Northcote had
often said ought to take place. "I congratulate you," he concluded,
"on the return of at least yourself to some respect for the law, and
beg to assure you that I shall in such case do my best to help you
to avoid further embittering a conflict of which I am sure you must
feel heartily ashamed." On Monday, 6th March, Northcote asked the
Speaker whether the resolution of 7th February was still in force,
and was answered in the negative. He was proceeding to say he would
make a motion, when successive protests against the interruption were
made by Mr Labouchere and Mr Dillwyn. The Speaker overruled both, and
Northcote moved that Bradlaugh, should he present himself, be not
allowed to take the oath. On the Liberal side, Mr E. Marjoribanks
(now Lord Tweedmouth) moved as an amendment a resolution that it was
desirable so to alter the law as to permit any elected member to take
the oath or make affirmation, at his choice. With the worst of bad
taste, Mr Marjoribanks, who had before declared his preference for
decorous hypocrisy, went on to explain that he was "one of the very
large section of that House who regarded Mr Bradlaugh's conduct both
within and without that House with something very like disgust and
indignation," and to describe the recent oath-taking as an "unworthy
manœuvre"—a display of class hatred which may serve to suggest the
nature of the feeling on the Tory side. Mr Labouchere, after defending
his colleague, undertook for him that if the amendment were carried
he would not present himself until a decision was come to. Gladstone
formally approved of the amendment; but after a long debate of the
usual kind, it received only 244 votes against 259, to the wild delight
of the Opposition. Twelve Liberals, including Mr S. Morley, Mr Torrens,
and Mr Walter; and twenty-six Home Rulers, including Mr McCarthy and Mr
Sexton, had voted with Northcote.
The Liberal press was now nearly unanimous for legislation and even
the Pall Mall Gazette went so far as to say: "All that is wanted is
that the Government should pluck up a little more moral courage, and
recognise that even in practice honesty is the best policy." In the
foreign press, the general judgment was that the House of Commons was
systematically disgracing itself. The Government, however, proposed
nothing, leaving the Oaths Bill in the hands of the "disgusted" Mr
Marjoribanks; while in the Upper House Lord Redesdale had on 7th March
introduced a Bill providing that a declaration of Theism should be
compulsory on all members of Parliament and peers. This measure, he
explained, he introduced "from a deep sense of what was due to Almighty
God." A little later, on its discussion, his lordship withdrew it "in
deference to Lord Salisbury."
Bradlaugh, on his part, after consultation with his committee in
Northampton, and after publishing a telling "Address to the Majority"
for general circulation, decided that his future course must be one of
systematic agitation in the constituencies. The Constitutional Rights
League was reconstituted; an election fund was begun for the purpose
of contesting certain seats held by renegade Liberals; and in these
constituencies the Radicals quietly went about the work of making
them untenable. Already a Liberal candidate had been defeated on the
score of the insolence of his language towards Bradlaugh's supporters,
Mr Samuel Morley had been called upon by the Bristol Radical
Association to resign; other members had been sharply censured in their
constituencies; and it was plain that it only needed time to ensure the
unseating of most of the renegades. For the present nothing was to be
hoped for from the Government; and a fresh notice by Mr Labouchere of a
motion for leave to introduce an Affirmation Bill was blocked by Earl
Percy. Thus the men who shrieked against "profanation" resisted all the
while every attempt to make oath-taking by unbelievers unnecessary.
Finally, a petition by the Northampton electors to be heard at the bar
of the House was dismissed by the Speaker as unentitled to a hearing;
and a notice of motion on the subject by Mr Firth never got to a
hearing. There was clearly nothing for it but to carry war into the
renegades' country. On the subject of the Speaker's action generally,
Bradlaugh contented himself with penning a very temperate but very
weighty paragraph:[162]—
"I am just a little troubled how to decide one or two points. The
Speaker of the House of Commons is the first commoner in England,
and his judgment on the various points from time to time submitted
to him is practically without appeal. It is impossible to suspect
him of intentional unfairness; he is a clear-sighted and courteous
gentleman. Yet some of his decisions seem so conflicting that I
fail in understanding how he reconciles them to himself. On the
21st February he held that Mr Labouchere was entitled, under the
then circumstances, as of privilege, to move for a new writ for
Northampton. On the 24th March, under precisely similar circumstances,
Mr Speaker ruled that such a motion could not be made as one of
privilege. On the 6th March, without any reason given whatever,
except that I might come some time or other, the Speaker allowed Sir
S. Northcote to raise the question of my right to my seat as one of
privilege; but the Speaker now refuses to allow Mr Labouchere to raise
as one of privilege the fact that one of the seats for Northampton is
now in fact unfilled. On the 15th February the Speaker held that the
resolution of the 7th February, which is directly in the teeth of the
Standing Order of 30th April 1866, does not conflict with that order.
On the 9th day of March he held that the resolution of the 6th March,
which does not say one word about my coming to the table to take
my seat, does so prevent my coming to the table, and that the same
resolution, which does not mention my introducers or in any way forbid
them introducing me, does in point of fact so act as a prohibition
that he will hold any attempt to introduce me as disorderly and
irregular. When my constituents wrote him, the Speaker answered that
they must approach the House by petition. When they do approach by
petition, he rules that their application has no privilege."
The dilemma, as between imputing to Sir Henry Brand unfairness, and
pronouncing him to have failed in his duty, must be left here as
Bradlaugh left it.
§ 16.
All the while the manifold litigation set up by the action of the House
was moving on its slow way. The appeal of Clarke against the judgment
of Justices Denman and Hawkins allowing a new trial had been heard on
21st February by Lords Justices Brett, Cotton, and Holker (the latter
newly appointed), and these judges ruled that no new trial could take
place, thus reversing the decision appealed against.
An independent comment on this judgment, which appeared in the Pall
Mall Gazette at the time, may be here cited:—
"The Court of Appeal holds that they [the Judges of the Queen's
Bench Division] ought to have closed their eyes to everything but
the partial evidence given at the trial, some of which at all events
both the Court of Appeal and the Court below pronounced to be
unsatisfactory. Nor does it seem perfectly fair to make so much as
Lord Justice Brett does of the imputation of perjury to one of Mr
Newdegate's witnesses. The Lord Justice himself admits that there were
blemishes in his testimony, and that he 'somewhat prevaricated and
coloured his evidence, etc.' We fail to see 'the enormous difference'
between evidence of this character and perjury, at least for the
purpose of such an action. If a man is to be condemned in a penal
action he has a right to insist that it shall be on perfectly honest
and straightforward evidence only."
The curious reader who cares to form his own opinion on the subject of
the evidence referred to will do well to turn to the verbatim report
preserved in the National Reformer.
The Clarke-Newdegate combination seemed now to see their way partly
clear to their great end of making Bradlaugh bankrupt. On 29th March
they moved before Justice Grove and Baron Huddleston for judgment—that
is, for power to compel Bradlaugh to pay the penalty sued for and the
costs. Bradlaugh admitted that at that stage he could not resist a
judgment for the penalty, but resisted the motion so far as it claimed
costs. To this the judges agreed; and on 30th March they gave judgment
for the penalty, but reserved the costs pending the appeal to the House
of Lords. Bradlaugh had thus to pay £500 into Court within fourteen
days. Already, too, he had had to give securities for £500 on the
appeal to the House of Lords, in addition to the £200 he had paid down
according to rule. For these heavy payments he had to go into debt, his
normal means of earning his livelihood being in part suspended by the
very lawsuits themselves.
In course of the arguments on the plaintiff's appeal it was noticeable
that Justice Grove pointed to the possibility of an action against
Newdegate for maintenance, and, on Bradlaugh mentioning that the
magistrate had dismissed the summonses against Newdegate and his
solicitor on the ground that the law was obsolete, observed, "But it is
by no means obsolete. I set aside an agreement for maintenance only a
little while ago."
Another item was added to the imbroglio of litigation by the friendly
action of Alderman Gurney of Northampton, on behalf of the Liberal
and Radical Union there, against Bradlaugh for not taking his seat—a
step taken by way of getting a legal deliverance. Bradlaugh formally
demurred that he had been illegally hindered by the House of Commons.
When the case came on before Justices Manisty and Watkin Williams on
15th May 1882, the judges warily declined to give any judgment, on the
score that the action was friendly, that the pleadings had been drawn
so as to compel a decision in Bradlaugh's favour, and did not disclose
all the facts of the case. Yet they excluded no material fact; and a
friendly action for a precisely similar penalty had been heard and
decided before in the historic case of Miller v. Salomons, while, as
a solicitor wrote to Bradlaugh, "it is a matter of everyday occurrence
in the Chancery Division for friendly actions to be brought to get a
judicial decision on questions arising out of settlements, etc." In
the present case it seemed pretty clear that the judges were simply
very much concerned not to come in conflict with the legislature. The
pleadings were however readjusted, and the case stood for re-hearing
before a jury.
Still another complication was perforce set up by an action brought
by Bradlaugh in April against Mr Erskine, the Deputy Sergeant-at-Arms
of the House of Commons, for the assault of 3rd August—a step made
necessary by the police magistrate's refusal of a summons against
Inspector Denning for his formal assault; and by the risk, which was
soon realised, that the Gurney action would be denied a hearing.
The matter being brought before the House on 8th and 9th May, the
Attorney-General was directed to defend Mr Erskine, Sir Hardinge
Giffard suggesting that those who assisted in bringing such an action
should be prosecuted according to old precedents for breach of
privilege. Such a prosecution, if laid, would have struck at Messrs
Lewis & Lewis, Bradlaugh's solicitors in the matter, and at the
committee of the Constitutional Rights League, who had also instructed
them.
And yet one more step in this bewildering litigation was taken on 9th
May, when Bradlaugh moved before Lords Justices Brett and Cotton for
leave to appeal against so much of the three orders of the Court of
Appeal, dated 31st March 1881, 14th November 1881, and 23rd February
1882, as awarded costs. The application was of a highly technical
character, and was dismissed, everything being now left to the House of
Lords when it should hear the appeal.
§17.
The agitation in the constituencies was carried on throughout the
spring and summer with an energy worthy of the cause. In addition to
the crowded meetings which he held in dozens of the larger provincial
towns, the Constitutional Rights League arranged for three more great
demonstrations in London—two on 10th May, and one on Sunday, 14th
May. On the 10th was held, first, an immense mass meeting in Trafalgar
Square, attended by delegates from over a hundred towns, and addressed
by, among other speakers, the Rev. Mr Freeston of Stalybridge, Mr
Ashton Dilke, Mr Labouchere, and Mr Broadhurst; and in the evening a
second audience packed St James's Hall to the doors. On the Sunday an
enormous mass meeting took place in Hyde Park, the attendance being
estimated at 70,000 or 80,000. At all of these meetings Bradlaugh's
claim was affirmed with the greatest enthusiasm. The attitude of the
Tory press may be gathered from a reference in the Evening Standard to
"that section of the people which holds Mr Bradlaugh's coat-tails in
veneration. They would get to Westminster, see the fun, shout out
encouragement, and possibly pick up something to pay the expenses of
the expedition."
An earlier demonstration, held in the Shoreditch Town Hall on 8th
May, presided over by Mr Broadhurst and addressed by Bradlaugh and
Labouchere, received no notice in the leading morning papers, though
the crowd which sought admittance would have sufficed to fill the hall
thrice over. It was necessary for such journals to ignore such matters
as much as possible, since the main plea on the Tory side had now come
to be that the public feeling was "universally" against Bradlaugh. To
suppress the facts, and then to deny that the facts existed, was a
natural tactic.
Naturally the Tories on their own part were not idle, either in
the House or out of it. In the House they were safe from answer
by Bradlaugh; and accordingly Sir Henry Tyler, who had already
distinguished himself by a dastardly attack on the ladies of
"the Bradlaugh family" and Mrs Besant as being unfit teachers of
Science,[163] was foolish enough to call upon the Home Secretary,
during May, to prosecute the National Reformer for blasphemy, on the
score, not of any editorial utterances, but of certain articles by an
outside contributor, controverting, as too favourable, an estimate
of the Gospel Jesus by a member of the staff. Sir Henry was no less
zealous for Jesus than he had been for "God;" and he was backed by
Mr Healy, who asked whether the paper could not be seized. The Home
Secretary deprecated the attempt in the name of the interests of
orthodoxy, as he had previously done an attempt to secure a prosecution
of the Freethinker. But Tyler and those of his kidney, baffled here,
only looked about for another means of gaining their point.
Among the most prominent of the attacks made on Bradlaugh about this
time were the (second and third) articles contributed by Cardinal
Manning to the Nineteenth Century, one under the title "An
Englishman's Protest." The second was in time for the election in
March, and much was hoped from it. Later, after illegally visiting
Northampton in prelatic state, to turn the Irish voters against
the Atheist, he contributed yet a third article to the Nineteenth
Century of September 1882; and still the editor denied Bradlaugh all
right of reply. It is probable that at no time in the long strife
were Freethinkers more roused to wrath, more moved to smite arrogant
insolence upon its blatant mouth, than by this manifesto from a prince
of the Church of Rome, the murderous organism which had eaten out the
mind of Spain and barely missed destroying Italy. Certain it is that
from these malevolent outbreaks of the unsleeping Romish spirit of
persecution may be dated a new birth of enmity towards Rome on the
part of English rationalists, who had before been disposed to class
the bloody-mindedness of Catholicism with the kindred rancours of
Protestantism. It was left to Manning to put his Church in the worst
light of all; to show once for all that the fundamental mission of
priestly Rome is not parcere subjectis et debellare superbos, but to
fight the ignoble battle of the million against one. And it is to his
action that his co-religionists owe most of the measure of acceptation
found among Freethinkers by the fierce verse in which Mr Swinburne
has named the Church of Rome "Grey spouse of Satan, church of name
abhorred," and taunted the "withered harlot" with the shame of her
defeat on the Field of Flowers.
But Bradlaugh met the priest's attack with a prose that suffered no
weakening from hysteria. In his journal it met a detailed and judicial
criticism: he himself, roused as he had never been roused before,
published his tract, "A Cardinal's Broken Oath," one of the hardest
blows ever struck in written controversy.
"Three times," it begins, "your Eminence has—through the pages
of the Nineteenth Century—personally and publicly interfered
and used the weight of your ecclesiastical position against me in
the Parliamentary struggle in which I am engaged, although you are
neither voter in the borough for which I am returned to sit, nor even
co-citizen in the State to which I belong. Your personal position
is that of a law-breaker, one who has deserted his sworn allegiance
and thus forfeited his citizenship, one who is tolerated by English
forbearance, but is liable to indictment for misdemeanour as 'member
of a society of the Church of Rome.' More than once when the question
of my admission to the House of Commons has been under discussion in
that House, have I seen you busy in the lobby, closely attended by
the devout and sober Philip Callan, or some other equally appropriate
Parliamentary henchman."
After telling the Cardinal how he had "blundered alike in his law
and his history," making absurd mis-statements concerning the French
Revolution and the case of Horne Tooke, the pamphlet takes up the point
of persecution, in regard to Manning's advice that Bradlaugh should be
indicted for blasphemy:—
"When I was in Paris some time since, and was challenged to express an
opinion as to the enforcement of the law against the religious orders
of France, I, not to the pleasure of many of my friends, spoke out
very freely that in matters of religion I would use the law against
none; but your persecuting spirit may provoke intemperate men even
farther than you dream. In this country, by the 10th George IV., cap.
7, secs. 28 and 29, 31, 32, and 34, you are criminally indictable,
Cardinal Archbishop of Westminster. You only reside here without
police challenge by the merciful forbearance of the community. And yet
you parade in political contest your illegal position as 'a member of
a religious order of the Church of Rome,' and have the audacity to
invoke outlawry and legal penalty against me."
And then came a hail of blows at the Cardinal Archbishop's own
personality, so rashly put in the way of retaliation:—
"In the current number of the Nineteenth Century you fire your
last shot, and are coarse in Latin as well as in the vulgar tongue.
Perhaps the frequenting Philip Callan has spoiled your manners. It
also seems impossible that one who was once a cultured scholar and a
refined gentleman could confuse with legitimate argument the abuse
of his opponents as 'cattle.' But who are you, Henry Edward Manning,
that you should throw stones at me, and should so parade your desire
to protect the House of Commons from contamination? At least, first
take out of it the drunkard and the dissolute of your own Church. You
know them well enough. Is it the oath alone which stirs you? Your
tenderness on swearing comes very late in life. When you took orders
as a deacon of the English Church, in presence of your bishop, you
swore 'so help me God,' that you did from your 'heart abhor, detest,
and abjure,' and with your hand on the 'Holy Gospels' you declared
'that no foreign prince, person, prelate, state, or potentate hath,
or ought to have, any jurisdiction, power, superiority, pre-eminence,
or authority, ecclesiastical or spiritual, within this realm.' You
may now well write of men 'whom no oath can bind.' The oath you took
you have broken; and yet it was because you had, in the very church
itself, taken this oath, that you for many years held more than one
profitable preferment in the Established Church of England. You
indulge in innuendoes against my character in order to do me mischief,
and viciously insinuate as though my life had in it justification
for good men's abhorrence. In this you are very cowardly as well as
very false. Then, to move the timid, you suggest 'the fear of eternal
punishment' as associated with a broken oath. Have you any such fear?
or have you been personally conveniently absolved from the 'eternal'
consequences of your perjury? Have you since sworn another oath before
another bishop of another church, or made some solemn vow to Rome, in
lieu of, and in contradiction to, the one you so took in presence of
your bishop, when, 'in the name of the Father, Son, and Holy Ghost,'
that bishop of the Church by law established in this country accepted
your oath, and gave you authority as a deacon in the Church you have
since forsaken. I do not blame you so much that you are forsworn;
there are, as you truly say, 'some men whom no oath can bind;' and
it has often been the habit of the cardinals of your Church to take
an oath and break it when profit came with the breach; but your
remembrance of your own perjury might at least keep you reticent in
very shame. Instead of this, you thrust yourself impudently into a
purely political contest, and shout as if the oath were to you the
most sacred institution possible. You say 'there are happily some
men who believe in God and fear Him.' Do you do either? You, who
declared, 'so help me God,' that no foreign 'prelate ... ought to
have any jurisdiction or authority ecclesiastical or spiritual within
this realm'? And you who, in spite of your declaration on oath,
have courted and won, intrigued for and obtained, the archbishop's
authority and the cardinal's hat from the Pope of Rome—you rebuke
Lord Sherbrooke for using the words 'sin and shame' in connection with
oath-taking: do you hold now that there was no sin and no shame in
your broken oath? None in the rash taking or the wilful breaking? Have
you no personal shame that you have broken your oath? Or do the pride
and pomp of your ecclesiastical position outbribe your conscience? You
talk of the people understanding the words 'so help me God.' How do
you understand them of your broken oath? Do they mean to you: 'May God
desert and forsake me as I deserted and forsook the Queen's supremacy,
to which I so solemnly swore allegiance'? You speak of men being kept
to their allegiance by the oath 'which binds them to their sovereign.'
You say such men may be tempted by ambition or covetousness unless
they are bound by 'the higher and more sacred responsibility' involved
in the 'recognition of the law-giver in the oath.' Was the Rector of
Lavington and Graffham covetous of an archbishopric that he broke his
oath? Was the Archdeacon of Chichester ambitious of the Cardinal's hat
that he became so readily forsworn?"
The eight small but pregnant pages of this concentrated diatribe were
carefully translated into Italian by or for a certain Monsignor, once
resident in England, who was understood to owe no goodwill to Manning;
the translation was no less carefully circulated among the higher Roman
clergy; and if anything had been needed to thwart Manning's ambition
of becoming Pope, this little tractate, it was believed, would have
served not a little to that end. At all events, Manning never again
ventured to attack Bradlaugh publicly. He had had enough. And not only
had he failed to destroy Bradlaugh, he had evoked furious Protestant
protests against his action at Northampton, and this even from journals
like the Rock, which hated Bradlaugh as much as he did. His alliance
was rejected with insult. And even in his own Church the far more
highly esteemed Newman, answering a correspondent on the subject of the
Affirmation Bill of 1883, expressly declared that he thought "nothing
would be lost to religion by its passing and nothing gained by its
being rejected."[164]
It would be superfluous to load this already over-burdened narrative
with any detailed account of the stream of insults, imbecilities,
brutalities, and falsehoods which was cast forth continuously at this
period against Bradlaugh in the press and on the platform. From the
fatuity of Viscount Folkestone—who argued that an Atheist, being
guilty of treason to God, who gave the Queen her power, should be
treated like one guilty of treason to the Queen—to the brutish
licence of the Tory journals who likened Bradlaugh's sympathisers to
thieves and assassins, there was, as Mr Moncure Conway wrote at the
time, "no circumstance of heartlessness, injustice, hypocrisy, and
falsehood[165] wanting to this last carnival of theological[166] hatred
and ferocity." It was not, of course, theological hate alone. Bradlaugh
had just been leading a popular movement for land law reform; and he
had set in motion a second movement for the abolition of perpetual
pensions, which went on wheels, and the petitions in support of which
were signed by the hundred thousand.[167] There are few resentments
more bitter than that of a menaced interest. But malice once aroused
in men of a low type stops at nothing; and as we have seen, everybody
associated with Bradlaugh was included in the hatred bestowed on him.
One Tory journal, the Manchester Courier, went the length of saying
that Bradlaugh's success in Northampton was due to an exceptionally bad
state of education there; the pretext being that one Northamptonshire
village was in such a state. The Government inspector testified that
as regarded the town he had often paid tribute to the heartiness of
the people of Northampton, and especially of the working-classes, in
carrying out the Education Act, and that it would be hard to find
anywhere a more active School Board, a higher average of regular
attendance, or a higher general standard of proficiency.
Of course such a testimony did little to check the scurrility of Tory
tongues. At a meeting of the Bible Society at Exeter Hall, in May 1882,
with Mr Samuel Morley in the chair, a Herefordshire vicar, the Rev.
H. W. Webb Peploe, alleged that to his knowledge "the first condition
imposed upon one whom he knew when he had joined an association under
the leadership of a notorious infidel was that he should burn his
Bible;" and that he had further "been told that two nights ago, at
a meeting of a notorious infidel, the things said were so grossly
immodest that a member of the press had said that they did not dare
to report what had been spoken, however, in the presence of young
women." On being challenged, the rev. gentleman declined to attempt
any substantiation of his statements, only pleading that he had not
meant to specify Bradlaugh. Of these cretinous calumnies, there were
hundreds afloat for years on end. It is a comfort to be able to say
that some score or more of single clergymen in different places, of
different sects, spoke out bravely and generously from time to time in
repudiation of the whole policy of persecution and slander. But a few
voices, of course, could not avail to hinder that for thoughtful men
the effect of the persecution was to identify religion with injustice.
Freethinkers reasoned that the Christians who stood for justice
and tolerance did but do what Freethinkers themselves did, without
accepting the Christian creed; while the army of bigots did their
evil deeds in virtue of a religious motive. And the effect of it all
was to multiply Freethought as it had never been multiplied before. A
barrister, who had no personal sympathy with Bradlaugh, wrote that "One
consequence has been that the cause of Freethought has made surprising
progress.... I do not think that at any time Freethought literature has
been so widely read, and the Freethought propaganda so actively and
intelligently carried on." Active members of the Secular Society were
enrolled by hundreds; and the sale of Bradlaugh's journal rose to its
highest figure. Men who had before been unquestioningly orthodox became
newly critical. One wrote to an editor:—
"That 'Mr Bradlaugh had brought his troubles on himself' I fully
admit. So did Jesus Christ. In the latter case the ultimate result was
a judicial execution as a blasphemer. But I am not aware that he is
any the worse thought of by his followers on that account."
Even among Conservatives there were searchings of heart. One wrote
a pamphlet in his favour. Another sent an open letter of merciless
criticism to Sir Stafford Northcote, saying, "I am a Conservative, and
my father before me. But there is something I put before party. That is
self-respect." The letter concluded:—
"If you wish an outlet for your zeal against 'profanation,' why do
you ignore in the Church the presence of numerous Broad Churchmen,
including the father-in-law of your own son, Canon Farrar, who
swear loyalty to the Thirty-Nine Articles, and follow the late Dean
Stanley in rejecting many of them? Why should you have reserved your
fervent indignation against apparent insincerity in sacred things to
be expended upon a man whose admission to the House as silently as
possible, so as not to promote his notoriety, justice and expediency
would alike have suggested: the whole stupidity, duplicity, and
inhumanity of Conservative tactics in this matter are patent to all
straightforward minds. You are responsible for giving Mr Bradlaugh a
name and a place in the history of this country which will survive
long after those of the present Conservative leaders are consigned to
oblivion."
The harvest was not immediate; but the seed was abundantly sown, and
inevitably bore its due fruit. That this was not unrecognised in high
places was sufficiently proved by the introduction of an Affirmation
Bill in the House of Lords by the Duke of Argyll, then already sundered
from official Liberalism. The Duke, on moving the second reading
of his Bill, took occasion to scold Bradlaugh after his manner for
"violence and scurrility," denying by implication that the violence
and scurrility were on the other side. But this prudent tactic did not
avail. The Earl of Carnarvon told the usual untruth about the "binding
effect" of the oath on Bradlaugh, by way of showing that he deserved
no relief; and the Archbishop of Canterbury opposed the Bill in the
name not only of the English Church, but of the Romish, the Wesleyan,
and the Scotch Presbyterian. It was accordingly rejected (July) by 138
votes to 62.
§ 18.
On 11th July 1882 a new Tory battery was opened. The Freethinker, a
penny weekly journal of a more popular character than the National
Reformer, edited by Mr G. W. Foote and then owned by Mr W. J.
Ramsey, was sold at the shop of the Freethought Publishing Company,
28 Stonecutter Street, of which Mr Bradlaugh and Mrs Besant, the
partners of the Company, were the lessees. For a short time after
its first issue it had been published by them, but soon they decided
not to take that responsibility; and thenceforward it had been sold
independently by Mr Ramsey, their manager, who, in the terms of his
engagement with them, was free to do other trading on his own account.
Sir Henry Tyler, supposing Bradlaugh to be the publisher all along,
had bethought himself of prosecuting the Freethinker for blasphemy,
and so striking a possibly decisive political blow at Bradlaugh—a
course which he was enabled to take by a readily granted "fiat" from
the Director of Public Prosecutions. It had been made clear by his
references to the National Reformer in the House of Commons that
he had hoped to convict Bradlaugh of blasphemy on something he had
either written or published; but that hope he had had to abandon. There
remained the hope of connecting Bradlaugh with the Freethinker;
and Tyler's solicitors coolly wrote Bradlaugh on 8th July, asking
whether he would personally sell the paper, so as to prevent the
prosecution either of a subordinate of his, or of the editor and
printer. He replied by sending the printed catalogue of all the things
he published, and offering personally to sell any of these. As it did
not include the Freethinker, the prosecution was begun against Messrs
Foote and Ramsey and their printer, Mr Whittle, on 11th July, before
the Lord Mayor (Sir John Whittaker Ellis), at the Mansion House; and
after evidence had been led, the prosecutor's counsel applied to have
Bradlaugh's name added as a defendant. The case was then adjourned, the
Lord Mayor stating that he would hear the application against Bradlaugh
in private—a proceeding for which the reasons will afterwards appear.
It having appeared that the selling of the Free-thinker in the
Freethought Publishing Company's shop tended to implicate the partners
of that company, Mr Ramsey at once decided to suspend its sale for
some weeks till he could arrange for its publication in a distinct
office, thus partly safeguarding Bradlaugh from the attempt to identify
him with it. The danger was serious; for if Bradlaugh were convicted
of blasphemy under the statute, he would become legally incapable
of further defending himself in Clarke's or any other suit for
Parliamentary penalties. This was fully recognised on the Tory side,
and the Whitehall Review, in an indecent article, pressed the point.
Tyler's move was, in fact, a new attempt to cause the ruin aimed at by
Newdegate, and hitherto warded off; and Newdegate's junior counsel (and
private friend) duly attended the prosecution at the Mansion House. At
the same time, Bradlaugh was defending a Freethinker prosecuted for
blasphemy at the Maidstone Assizes, and after attending the adjourned
hearing before the Lord Mayor on Monday, 17th July, he had to travel to
Maidstone on the following day.
Before the Lord Mayor Bradlaugh led the prosecutor's counsel a
grievous dance. He appealed to have the cases taken separately, and
counsel was confused enough to say that this was "a most unusual
and unheard-of application," which drew from Bradlaugh the comment,
"There are several decided cases upon it, although it may be unheard
of and unusual in your experience, Mr Moloney." Then ensued hours of
fencing as to whether the case was or should be under common law or
statute, and what the Lord Mayor ought to do. His lordship was at times
somewhat rashly dogmatic on points of law and procedure, and had to be
corrected. He finally decided to refuse to ask the prosecutor to choose
whether he would proceed under common law or statute; and Bradlaugh
then demanded that the case should begin de novo, putting every
possible technical obstacle in the way of his cowardly enemies. Their
evil way, he determined, should be made hard for them; and it was.
As the proceedings went on, and the prosecution, who had previously
succeeded in obtaining from the Lord Mayor a warrant to inspect
Bradlaugh's banking account, took the dishonourable course of producing
on subpœna the manager of the bank used by Bradlaugh, and his very
passbook, his indignation mounted. What was intended was evidently a
fishing investigation into his financial affairs, for the production
of cheques at that stage was wholly irrelevant to the points proposed
to be made out in evidence, and needing to be so proved. Fighting the
case with all his force and acuteness, point by point, and with no
mincing of matters, Bradlaugh commented on Tyler's tactics in language
of which the libel law prevented the republication. Tyler's counsel
protested that he "did not quite see what these observations were
intended for." "They are intended," replied Bradlaugh, "to do the same
mischief to your client that he is trying to do to me;" and counsel
said no more on that head, though he tried unsuccessfully to retaliate
on others.
The case was adjourned to the 21st; and though the passbook was left
in the Lord Mayor's hands for inspection, the prosecuting counsel so
mismanaged matters that he closed his case without having applied to
see it. Bradlaugh's account, however, had been personally ransacked
on Tyler's behalf, in gross abuse of the order of the Court. The Lord
Mayor finally committed Bradlaugh for trial on the singularly scanty
evidence offered as to his connection with the prosecuted paper, the
incriminated numbers of which were all dated after the time when
Bradlaugh ceased to be concerned in publishing it; and in committing
Messrs Foote and Ramsey (the charge against the printer had been
withdrawn), his lordship refused to allow Mr Foote to make a statement
in his defence, though the law clearly gave the defendant that right.
His lordship repeatedly gave the extraordinary ruling that "the charge"
against Mr Foote was "that he was the editor of the Freethinker"—as
if that could possibly be a "charge"—and on this pretext declined
to hear anything on the actual charge, which was one of "blasphemous
libel." He similarly tried to prevent Bradlaugh from reading a formal
statement, but after disallowing it he gave way on consultation with
the Clerk of Court. The statement was a terse and telling account of
Tyler's tactics from the time of Bradlaugh's election.
In the press the prosecution was sharply condemned, even the Times
censuring it; and one journal took occasion to point out that Tyler
represented "one of the smallest and most corrupt constituencies in
England."[168] Bradlaugh, being "committed" for blasphemy, at once
put himself in the hands of his constituents, who unanimously voted
their unabated confidence in him. He immediately (27th July) applied
to a judge (Justice Stephen) in chambers for leave to issue a summons
calling on Tyler to show cause why a writ of certiorari should not
issue to remove the proceedings to the Queen's Bench division; and on
the 29th the certiorari itself was directed to issue by the judge.
Tyler's counsel at this stage insisted on Bradlaugh's giving two
sureties for £300 in addition to his own recognisances of £300 ordered
by the Lord Mayor. They also asked for an order to expedite the trial,
but the judge curtly refused. Another typical detail was the charging
of the grand jury on the point of "returning a true bill" on the
indictment. The Recorder for the City, Sir Thomas Chambers, was one of
Bradlaugh's bitterest enemies in Parliament, and he gave his direction
to the grand jury to return a true bill, not only without putting it to
them to decide whether they were satisfied with the evidence against
Bradlaugh, but with expressions of gross prejudice, appealing to their
feelings as "Christian men."
Not content with his prosecution of Bradlaugh, Tyler in the House of
Commons (10th August) at length brought forward an express motion which
he had had on the paper for twelve months, to the effect that the
Hall of Science was not a proper place, and the teachers not proper
persons, to teach science in connection with the Science and Art
Department. The argument was that persons who had expressed themselves
in print to the effect that science undermined religion should be held
to have taught the same thing in their science classes. Mr Mundella
in reply pointed out that no fewer than thirty-five clergymen of all
denominations were science teachers under the department; and that the
reports on the teaching given in the Hall of Science classes, even by a
religious visitor who made surprise visits, were highly satisfactory.
He concluded by sharply censuring Tyler, as Mr Labouchere had already
done, for his malice; and, the Tory members having all left the House,
the matter was ignominiously dropped. Even the editor of the St
James's Gazette snubbed Tyler, while himself proceeding to repeat
Tyler's contention in a gratuitously insulting statement as to the
teaching of the Misses Bradlaugh. In the outside public one immediate
effect of Tyler's malicious action was to set on foot a movement and an
association for the repeal of the blasphemy laws, the lead being ably
taken by the Rev. Mr Sharman (Unitarian) of Plymouth, who had already
done admirable service in the constitutional struggle.
The blasphemy prosecution not being "expedited," went on slowly
enough. Intermediate technical proceedings arose, partly out of
irregularities on the part of the prosecution; and in one of
Bradlaugh's visits to the Courts with his sureties, the driver of
a four-wheeler who conveyed the party declined to accept any fare,
declaring that it should be his contribution towards fighting Tyler.
At length, on 6th November, Bradlaugh made an ex parte motion before
Justices Field and Stephen, to have the indictment against him quashed,
mainly on the score that he ought to have been definitely sued under
the statute 9 and 10 William III., and that the provisions of that
statute had not been observed in the indictment. The pleadings were
extremely interesting as a matter of pure law, the judges debating the
points courteously but closely all along, and both commenting finally
on the "candour" and "propriety" with which he had argued his case.
Their decision was for the most part hostile; and this was one of his
very few cases in which there can be little difficulty in taking the
judge's view against him. The main point decided was that the statute
had not abrogated the common law in the case in hand. They gave him
a rule nisi on only two counts in the indictment, on the ground
of irregular procedure on the part of the prosecution; but Justice
Stephen's judgment supplied a very useful conspectus of the history
of the blasphemy laws, and incidentally declared that the statutory
penalties could not be inflicted under a verdict on the indictment laid.
Very different must be the comments passed on the treatment of the
friendly action, Gurney v. Bradlaugh, which came on afresh before
Mr Justice Mathew and a common jury on 10th November. Everything
had been done that could be done to meet the criticisms formerly
passed by Justices Manisty and Watkin Williams; and indeed the whole
pleadings had from the first been drawn from the journals of the House
of Commons, which were put in evidence. But Justice Mathew summarily
decided not to hear the case, and discharged the jury, on the old
ground that the action was collusive. Now Bradlaugh, in swearing
himself in, had in law done exactly what Alderman Salomons did in 1851;
and the action of Miller v. Salomons was notoriously collusive, yet
it was fully heard and carefully decided. We can only do now what
Bradlaugh did then—leave the judge's action to the judgment of the
instructed public. The Law Times of that time (November 1882) took
the unusual step of declaring:—
"It is plain that it should be possible to try a friendly action to
establish a constitutional right; and we regard the action of the
judge as very questionable on constitutional grounds, and as being an
arbitrary interference with a suitor's right to the verdict of a jury."
What a law journal thus describes, plain men may well call by a plainer
name.
One of Bradlaugh's five contemporary lawsuits was thus quashed, but the
remaining four kept his hands sufficiently full. The civil suit against
Newdegate for maintenance came on before Justice Field on 2nd December,
on a preliminary "demurrer," when, on the advice of the judge, both
aides agreed to let the demurrer stand over till after the trial. A day
or two afterwards Newdegate, speaking at the London Sheriffs' banquet,
at which six judges were guests, had the indecency to comment before
them on the maintenance case, and to denounce Bradlaugh. On the 5th the
action against Mr Erskine, the Deputy Sergeant-at-Arms, came on before
Justice Field. It was a long pleading on both sides; the case was
adjourned till the 18th; and after the Attorney-General had spoken two
hours and a half, and Bradlaugh had replied for an hour and a quarter,
the judge reserved his decision. He finally gave it (15th January)
against Bradlaugh, on the general ground that the House of Commons was
the judge as to how it might exercise its privileges, of which the
power to expel a member was one. On the point of legality he ruled that
"it is not to be presumed that any Court, whether it be the High Court
of Judicature or this Court, will do that which in itself is flagrantly
wrong." The decision was one which might very reasonably have been
appealed against. As the Legal Advertiser Supplement remarked at the
time, Justice Field's ruling would cover a case in which the House
of Commons might, say, confiscate the goods and chattels of a member
expelled or suspended for obstruction. Bradlaugh, however, decided not
to appeal. He had only commenced the action reluctantly because of the
likelihood that the Gurney suit would be denied a hearing; and the
judge had in this case at least listened to his arguments. He contented
himself with a letter to the Times, pointing out the constitutional
effect of the decision.
Thus far he had endured defeat after defeat in the law courts as
in Parliament; and it may be that discouragement and debt counted
for something in his surrender of the suit against the Deputy
Sergeant-at-Arms. But he was now within a short distance of three
signal successes which more than counterbalanced all his previous
legal defeats. On 9th and 17th March his action against Newdegate for
maintenance was argued for him before Lord Coleridge[169] by Mr Crump
and Mr W. A. Hunter, he himself giving evidence on his own behalf. The
broad ground of action was that Newdegate had maliciously "maintained"
Clarke, having himself no interest in the ground of action, which
was the penalty sued for, and being desirous only to make Bradlaugh
bankrupt. There was no question of principle, as Bradlaugh was already
unseated, and was held disentitled to sit either on oath or on
affirmation. Bradlaugh incidentally gave testimony that already he had
had to spend on the action two legacies, and in addition £1100 he had
borrowed; while Clarke testified that the total costs on his side were
estimated at about £2000.
Lord Coleridge reserved his decision; and before he gave it, the
appeal by Bradlaugh against Clarke's action had been heard and decided
in the House of Lords. It was argued on 5th and 6th March, before
the Lord Chancellor (Selborne), and Lords Blackburn, Watson, and
Fitzgerald—Bradlaugh, as usual, pleading his own cause. His main
argument was, as before, that only the Crown could recover penalties
against him when the statute did not specify that some or any one else
could; and the discussion turned on this point, on which Lord Justice
Bramwell, the senior judge in the Court of Appeal, had expressed some
doubt. Bradlaugh, however, cited on the disputed point as to the
Crown's prerogative two fresh cases—the King v. Hymen[170] and the
King v. Clarke; and a good deal of argument turned on the point as
to whether a common informer could ever have costs allowed him. As for
the case of the respondent, Bradlaugh pointed out that Sir Hardinge
Giffard's argument was now directed against the very reasons on which
the intermediate court had based its judgment in his favour, thus
asking their lordships to support the judgment of the Court of Appeal
for new and contrary reasons.
On 9th April their lordships delivered judgment. The Lord Chancellor
in an elaborate and lucid judgment showed that the penalty really
was suable for by action of the Crown in any of the superior courts,
and that, as no permission had been given by the statute to the
common informer to sue, he was not entitled to do so. Lord Blackburn
dissented, but not strongly, arguing very judicially that there were
good and mutually neutralising arguments on both sides, and pronouncing
himself only "on the whole" in favour of the view that the common
informer could sue under the statute. Lords Watson and Fitzgerald,
however, agreed with the Lord Chancellor. The eccentric Lord Denman,
who was not a law lord, chose to take part in the proceedings (the
first time a lay peer had done so, it is said, since the decision of
the writ of error in Daniel O'Connoll's case), and declared himself in
agreement with Lord Blackburn. Even if he were counted, however, the
majority was for the appellant, who accordingly won the appeal with
costs.
This judgment, of course, would have affected the suit for maintenance,
had that been brought later. Giving judgment on 23rd April, Lord
Coleridge remarked that as the House of Lords had decided that Clarke
had no right to sue, it "seemed to follow" that Newdegate had no right
to do so either. But he went on to decide in the appellant's favour on
the merits of the case, giving a long and interesting judgment. Unless
maintenance were to be struck out of the law-books, said the Lord
Chief Justice, Newdegate's procedure must be called maintenance; and
if maintenance were to be struck out of the books, he added, "it must
be done by some higher authority, and I have not the power to do it,
nor, if I had the power, have I the wish to abolish an action which may
in some cases be the only remedy for a very cruel wrong." Delivering
himself later on the moral or political merits of the case, he said:—
"It may be my ill fortune to have to support such an action in a case
in which the defendant is a man whose character is entitled to every
respect, and the plaintiff is a man with whose views, openly avowed, I
have no sort of sympathy. But I will not call it my 'ill fortune,' for
many of the most precious judgments given by the Courts in Westminster
Hall were given in favour of men who, if English justice could ever be
warped by personal feeling, would certainly have failed. It is indeed
an ill fortune of the case that in the minds of many the cause of
religion should seem to be connected with the success or failure of a
particular person, whose defeat or success is really to the cause of
religion a matter of supreme indifference, but as to whom (speaking
only of what has been proved before me), a course has been taken
and proceedings have been pressed which, in the case of any other,
would be strongly and universally condemned, and by which certainly
the cause of religion has not been advanced. But my duty is simply
to decide the cause according to the best opinion I can form of the
law—a duty which the rules of Christian teaching make quite clear."
As to costs, Lord Coleridge remarked that the decision of the House of
Lords, though giving costs on the appeal, left Bradlaugh mulcted in
a considerable sum of costs which were not recoverable from Clarke.
For the recoverable costs he assumed Newdegate would now hold himself
responsible; but further,
"for the residue of the costs and the expenses which Mr Bradlaugh has
been put to as between attorney and client, and the various expenses
he has had to bear—for all these Mr Newdegate is responsible in
damages. I think that Mr Bradlaugh is entitled to an indemnity for
every loss which Mr Newdegate's maintenance has caused him, and
if this cannot be agreed on between the parties it must go to the
official referee to ascertain the amount, and when he has reported to
me I will give judgment for the amount he finds to be due, applying
the principles I have thus laid down."
Newdegate's counsel gave notice of an appeal, but after six months'
delay abandoned it. Thus by two concurrent successes Bradlaugh
inflicted a crushing and final defeat on one of the men who had
sought to ruin his political career out of hate for his opinions. He
could not have, in addition to the solace of triumph, the "stern joy
which warriors feel in foemen worthy of their steel;" but he had the
satisfaction, such as it was, of knowing that his victory was a source
of intense chagrin to thousands of bigots who had reckoned on, betted
on, and generally predicted his defeat and bankruptcy.
And his victory on the points of civil law was effectually secured by
his acquittal in the action for blasphemy. A new excitement had been
added to that issue by the commencement, on 2nd February, of a new
prosecution of Mr Foote (now owner as well as editor) and Mr Ramsey
(now publisher only), with Ramsey's shopman, Henry Arthur Kemp, for
the publication of a special "Christmas number" of the Freethinker,
in which there occurred certain woodcuts, ridiculing the Hebrew Deity
and the Jesus of the Gospels. In this case there could be no pretence
of implicating Bradlaugh, as the incriminated number had not even been
sold on the Freethought Publishing Company's premises. Whether Tyler
saw the necessity of putting a better colour of religious zeal on his
ill-conditioned action against Bradlaugh, or whether the recent strife
had stirred up smouldering bigotry independently of personal animus
against Bradlaugh, this prosecution was undertaken by "the City of
London." The new trial, which took place at the Central Criminal Court
on 1st March 1883, before Mr Justice North and a jury, is likely to be
long remembered in respect of the extraordinary display of mediæval
prejudice by the judge. He repeatedly and angrily interrupted Mr Foote
in his defence, declining to allow him to quote current printed matter
which would show at once how much "permitted blasphemy" went on among
Salvationists, and how perfectly in keeping was his freethinking
blasphemy with the popular religion which it attacked. The jury, after
two hours' discussion, could not agree, and the judge discharged them,
arranging for a fresh trial on the 6th with a fresh jury, and refusing
in the harshest and most peremptory manner to let the prisoners out on
bail, though in law they were perfectly entitled to it. Applications
made next day to other judges fell through on the score, not of being
wrong in law, but of "want of jurisdiction" on the part of the judges
applied to. The second trial was even more disgraceful to the judge
than the first. At the outset, Mr Foote objected to one of the jurors
as having expressed animus, and the judge, in suggesting the juryman's
withdrawal, declared that "he should be sorry to have a gentleman upon
the jury who had expressed himself as prejudiced." His own summing-up
to the jury, however, was again scandalously prejudiced; and when the
jury promptly returned a verdict of guilty, he addressed Mr Foote as
follows:—
"You have been found guilty by the jury of publishing these
blasphemous libels. This trial has been to me a very painful one, as I
regard it as extremely sad to find that a person to whom God has given
such evident intelligence and ability should have chosen to prostitute
his talents to the work of the devil in the way it has been done
(sic) under your auspices."
The sentence was a year's imprisonment. The announcement called forth
a display of indignation among the audience such as has perhaps never
been seen in modern times; and the judge had to sit for some minutes in
a storm of hisses and outcries, the epithets "Jeffries" and "Scroggs"
expressing the prevailing sentiment. Mr Foote's words: "My lord, I
thank you: it is worthy of your creed," were followed by a renewal of
the tumult, and it was with difficulty that the Court was cleared.
Then the judge sentenced Ramsey and Kemp to nine and three months'
imprisonment respectively. The same judge, it is recorded, had let off
with three months' imprisonment a ruffian who had killed a coffee-stall
keeper with a kick on the face when he was refused a second cup of
coffee till the first had been paid for.
The impression made among thoughtful people by the judge's action
was one of general displeasure. Canon Shuttleworth pronounced the
sentence "a calamity." Mr Foote's methods had been widely and strongly
disapproved of among cultured Freethinkers, including Bradlaugh; and Mr
John Morley, in the Pall Mall Gazette, had gone to the indefensible
length of justifying the prosecution, on the very inadequate ground
that the Freethinker had been "thrust on" the public, it having been
exhibited in the publisher's window in a side street. But the infamous
sentence at once turned feeling the other way, though protests like
Canon Shuttleworth's were needed to teach Mr Morley and other Liberal
journalists that renunciation of Liberal principles is not really
necessary, even in cases of persecution, to propitiate the public.
Bradlaugh, on his part, took the—for him—unprecedented course of
addressing a public letter to the judge, reprobating his conduct. "My
lord," he wrote,
"I pen this public letter with considerable regret and much pain.
I have always in my public utterances tried to teach respect for
the judicial bench. I have never, I hope, allowed hostile decisions
against myself personally to tempt me to undue language when
exercising my journalistic right to criticise judgments delivered.
My own experience of the judges of our land has, with slight
exception, been that they always listened with great patience, and
when disagreeing, have expressed their disagreement in a dignified
manner. When I read the report of the first trial of Messrs Foote,
Ramsey, and Kemp, I was inexpressibly shocked. The character of some
of the evidence you admitted alarmed me, and your refusal to reserve
the objection taken to the admissibility of such evidence for the
consideration of the Court of Crown Cases Reserved seemed to me so
extraordinary that I even now hardly dare trust myself to characterise
it.... But the point that most afflicts me is the fashion in which you
over and over again interrupted the defendant Foote in his defence....
There are plenty of precedents showing that prisoners have been
permitted in defence the indulgence so peremptorily denied by your
lordship to Mr Foote.... That you should have held the defendants in
custody after the jury had disagreed, and when you had determined to
again try them four days later, was mischievously and wantonly cruel.
They had duly surrendered to their bail, which had been small in
amount. There was no suggestion or supposition that they would try to
avoid justice, nor did the prosecution ask for their detention. I am
afraid, my lord, that you sent them to Newgate because they had been
over-bold in their defence.... If you had meant the three defendants
to have no chance of escape, if you had been prosecutor instead of
impartial judge, you could hardly have done more to embarrass their
defence than by sending them to this sudden and unexpected close
confinement."
The letter concluded:
"When you sat as judge in these blasphemy trials your lordship was
practically omnipotent. There is yet no court of criminal appeal....
The very knowledge of your uncontrollable authority in the conduct of
the trial ... should have prompted your lordship to hold the judicial
balance with a steady hand, its inclining, if at all, being to the
side of mercy. But your lordship, in the spirit of the old inquisitor,
threw into the scale your own prejudices against the heresy for which
the defendants were reputed, your own dislike of the manner in which
they had made their heresies known.... I ask your lordship what would
be the outcry through the civilised world if, either in Switzerland
or in Hindostan, those Salvation Army propagandists who thrust their
blasphemies furiously in all men's faces were so hardly dealt with as
you have dealt with George William Foote, William James Ramsey, and
Henry Kemp?"
Presumably the scandal caused by Justice North tended to procure
a fairer hearing for the original action, still unheard, in which
Bradlaugh was indicted. It came on before the Lord Chief Justice
and a jury on 10th April—Bradlaugh, as usual, defending himself,
while Messrs Foote and Ramsey were represented by counsel. Bradlaugh
was permitted by Lord Coleridge, in spite of the opposition of the
prosecuting counsel (Giffard), to have the charge against him tried
separately from that of his co-defendants, whose testimony might be
important to him; and he was thus enabled to put his defence solely on
the question of his responsibility, saying nothing as to the papers
prosecuted being blasphemous or otherwise. His case was a clear and
detailed proof, made good at every point, that he had ceased to be in
any way concerned even in the selling of the Freethinker before the
issue of any of the incriminated numbers, he and Mrs Besant having
decided to drop the publication on account of a change early made in
the character of the paper;[171] and that this abandonment of the
publication—which was the only sort of connection he had ever had with
the paper at all—was made independently of any outside pressure or
threat. For the rest, the malevolent tactics of Sir Henry Tyler were
once more made the subject of a stinging invective; and the procedure
of the prosecution in regard to the bank account came in for very
severe handling. This was one of the most striking details in the
trial. It came out, to the amazement of the legal part of the audience,
that not only had Bradlaugh's banking account been ransacked and his
cheques gone over to see if any had been dishonoured, but the junior
counsel for Tyler, Mr Moloney, had actually attended the inquisition
in person. Bradlaugh naturally did not spare him, declaring that he
had "done work generally left to some private detective or inquiry
agent, and never done by any one having the dignity of the bar to
guard." And all the while, the search had been made in a bank branch
in St John's Wood, N.W., in the county of Middlesex, on a warrant
from the Lord Mayor, whose jurisdiction was limited to the City. On
this head the Lord Chief Justice indicated a very strong feeling that
the Lord Mayor's warrant for such a purpose ought not to be valid
anywhere. "Vile in its inception and dishonourable in its conduct," was
Bradlaugh's account of the prosecution generally, and he even had a
suspicion, based on an awkward statement by one of the legal witnesses,
that the examination of the bank account had been made some days before
the summons against him was issued.
Sir Hardinge Giffard, now prosecuting for the Crown, fought the case
as he might have done it for Tyler, declaring in his opening speech
that he would call witnesses to prove certain things, and afterwards
carefully omitting to call them, seeing that that course would help
Bradlaugh to clear himself. In replying, he did not attempt to rebut
the criticisms passed on his client and on his conduct of the case,
professing to take the attitude of dignified disregard. His main line
of argument was that one or two isolated woodcuts had been published
in the Freethinker during the few months in which the Freethought
Company published it, that Bradlaugh was an original promoter, and
that the change made in the registration was only a stratagem,
Bradlaugh remaining the real publisher. As regarded the blasphemy
charged, Sir Hardinge did not take the customary line of distinguishing
between vulgar and refined blasphemy, describing the contents of the
Freethinker as deadly "poison to men's soul"—an expression which
could not be supposed to apply to the mere element of vulgarity. He
spoke with horror of a cartoon which exhibited Ignorance, Money, and
Fear as "the true Trinity," and would doubtless have spoken similarly
of the account of the Trinity as "three Lord Shaftesburys," given by
Lord Coleridge's esteemed personal friend, Mr Matthew Arnold. The
blasphemous matter on which the learned counsel expressed himself
most strongly in detail, however, was a vulgar travesty of the
extremely silly and artistically worthless religious picture known as
"The Calling of Samuel." "You have that picture," he told the jury,
"represented as a startled child, roused from his slumber by two cats
on the tiles. And this is the sort of thing which is to be scattered
broadcast over the land—!"
Lord Coleridge, on his part, summed up with great literary skill and
dignity, carefully guarding against theological prejudice on the part
of the jury by the avowal that he himself, despite his years and
comparative detachment from the world, found it difficult to clear
his mind of it. Incidentally he remarked that it was to Bradlaugh's
credit that he did not disavow a general sympathy with the opinions
of his co-defendants, while clearing himself of all complicity in the
publications indicted. But on the point of the blasphemy charge he also
incidentally expressed an opinion, which is worth citing as showing how
little even an exceptionally considerate judge with strong religious
feelings can get rid of the vulgar notion that irreverence to his—the
popular—religious opinions is immeasurably more reprehensible than
irreverence towards other less popular opinions, or vilification of
unpopular men's characters. His objection to blasphemy prosecutions was
mainly that they injured the cause of religion:—
"I say not how far the institution of a prosecution of this kind
wounds the most sacred feelings and does injury to the holiest
convictions. Some persons may think that this is not so; some may
think that by such prosecutions the most sacred truths are pierced
through the sides of those who are their enemies. With all that we
have nothing to do. We may dislike, we may—I do not hesitate to
say, we may loathe—the expressions made use of in these libels. We
may think the persons who can speak in this way of things which they
themselves may disapprove of and disbelieve, which they themselves
may possibly think superstitious and mischievous, but which they must
know have been the life and the soul of the virtue, the morality, the
self-denial, the civilisation of hundreds, and thousands, and millions
of people in all ages, are persons who forget—I will not say what
is due to God, for they do not believe in Him, but to man, for they
are men—what is due to themselves, and to the community of which
they form a part, and for whom they ought to have some consideration.
All that may be perfectly true, but it has nothing to do with the
question."
Here the judge assumes that there is no dispute whatever as to the
claim that the Christian religion is the essence of morality and
modern civilisation, and proceeds to express disgust for a line of
polemic which was zealously followed by the early Christians for
centuries, which is invariably followed in the Old Testament when
there is any question of alien religions, which is endorsed by Paul,
which is commonly followed by Christian missionaries and by Protestant
assailants of Catholicism, and which was even then being followed by
the Christian multitude in the very case of Bradlaugh. The Christian
position is that it is right to ridicule and asperse Freethinkers,
materialists, and polytheists; and the Protestant position is that
it is right to deride the Catholic worship of saints, images, and
relics; but Christians in the mass hold it abominable for unbelievers
and "heathen" in turn to deride their opinions, these being "holy"
and "dear." And all the while, in the case under notice, the people
who thus felt the most intense animal resentment towards a handful
of men for speaking irreverently of a supposed Infinite, which by no
possibility could human folly or contumely disturb or hurt, were as
often as not zealous accomplices in casting the vilest personal insults
against a representative Atheist who confessedly could not be shown
to have attacked their opinions in such a way as to lay him open to
a successful prosecution for blasphemy. The Christian plea is that
unbelievers should not be free to cause Christians pain. Yet the whole
of Bradlaugh's life was and is in evidence to show that the first
instinct of the average Christian is to cause not merely endless mental
pain but material ruin to every man who ventures, however decorously,
to pronounce the Christian creed untrue. Perhaps the profoundest
impeachment of the religious instinct in general is this very fact
that the express conviction of the absolute supremacy of a personal
power over all things human never by any chance enables the believer to
regard with serenity and compassion the human denials which that power
in the terms of the case is alleged to permit.
Some approach to the recognition of all this must have taken place
in connection with the trial of Bradlaugh on the score of the
Freethinker, although of course it was on the point of non-complicity
that the jury gave their verdict of acquittal. They deliberated for
an hour and ten minutes, calling for several of the documents in the
case. The foreman's pronouncement of "Not Guilty" was received with
loud cheers, which the judge indignantly rebuked, with the customary
remark that "this is not a place of entertainment;" but a Conservative
journal, endowed with the regulation horror of Atheism, commented that
the cheer expressed a sentiment not at all confined to Atheists. In
general, the press rejoiced with the acquitted man, who had now won
in rapid succession three decisive successes in his long battle. It
was noted, too, that he had won them against one leading counsel, Sir
Hardinge Giffard. Asked later how it was that he had so often and so
signally defeated this counsel, Bradlaugh remarked that he believed
it was because Giffard despised him as an antagonist, and neglected
precautions against him, while he, Bradlaugh, was careful at all times
to do his utmost, and never to undervalue the enemy's strength. The
moral is an old one.
In addition to the discredit put upon the prosecution in Court,
it happened that Sir Henry Tyler about this time figured rather
dubiously before the public in his capacity of company-promoter.
His treatment of the financial affairs of the Anglo-American Brush
Electric Light Corporation, in which he was deeply concerned, gave such
dissatisfaction to most of the shareholders that they took the unusual
course of presenting a memorial insisting on his resignation, after
he had been hissed and hooted at a shareholders meeting.[172] It may
have been a sense of the unfitness of such a personage to represent the
cause of religion that led to the foundation of a "Society for the
Suppression of Blasphemous Literature," the secretary of which wrote to
the newspapers[173] as follows:—
"We propose to get up cases, as our funds will allow, against
Professor Huxley, Dr Tyndall, Herbert Spencer, Swinburne, the author
of 'Supernatural Religion,' the publishers of Mill's works, the
publishers of Strauss's works, Leslie Stephen, John Morley, the editor
of the Jewish World, Dr Martineau, and others, who by their writings
have sown widespread unbelief, and in some cases rank Atheism, in
cultivated families."
That goodly project, however, came to nothing, though in the view of
Justice Stephen most if not all of the writers and publishers named
were certainly open to conviction for blasphemy under the existing law.
It would appear that the spiritual interests of "cultivated families"
arouse less solicitude than do those of the poor, in matters religious
as well as Malthusian. Above all, none of the writers threatened, save
Mr John Morley, was likely to give the Tory party any chance of turning
his heresy to political advantage, and Mr Morley was already safe in
his seat, having taken the oath without demur and without opposition,
after editorially criticising Mr Bradlaugh for his willingness to take
it. Mr Morley had perhaps put himself right with the religious party by
applauding the prosecution of Foote and Ramsey—he who had expressly
justified the polemic of Voltaire.[174] A clergyman of the Church of
England, the Rev. Stewart Headlam, whose championship of the principle
of religious equality has all along been above all praise, wrote to Mr
Morley in his editorial capacity, protesting "as a Christian priest"
against a policy which made it "almost impossible for Christians to
meet Atheists on equal terms." "It seems," Mr Headlam began, "as
though you were one of those who say, 'There is no God, but it's a
family secret.'" The letter was suppressed. It is bare justice to cite
it here[175] as being perhaps the most telling protest made against
the blasphemy prosecutions, albeit written by a sincerely orthodox
clergyman.
The original case against Bradlaugh's co-defendants, Messrs Foote and
Ramsey, who had been already sentenced to imprisonment on the second
prosecution by Mr Justice North, came on before Lord Coleridge and
a special jury on 24th April. The judge treated the prisoners with
signal consideration and courtesy; and when the prosecuting counsel,
Mr Moloney, persisted in putting a question to which Lord Coleridge
had objected, his lordship indignantly asked, "Why cannot this case
be conducted like any other case? It seems all of a piece with the
learned counsel inspecting a man's bank-book." The accused defended
themselves, Mr Foote making a particularly able speech, on which the
judge, in his summing-up, repeatedly complimented him. That summing-up
(delivered on the 25th) was in its way a masterly performance, marking
the judge as the most admirably persuasive of pleaders. Deeply averse
to all punishment of opinion, he showed the jury that the blasphemy
law, as interpreted by past judges, was not nearly so outrageous as had
been supposed; and the definition of "the late Mr Starkie," of which
a scanty quotation had been given by the prosecution, he showed to be
much less illiberal than it had been understood to be, though nothing
could make it out to be a precise or practical formulation of law. As
in the previous trial, he demolished the absurd plea that "Christianity
is part of the law of the land," by the reductio ad absurdum that
the marriage law and the monarchy are part of the law of the land, but
are yet open to being argued against—at least in all modern opinion.
As, however, no interpretation could do away with the hard facts of
the blasphemy laws, and the accused had unfortunately put their heresy
at times with extreme pictorial crudeness, his lordship could not
definitely charge the jury that no blasphemy had been committed in law.
He admitted that the objection against their practice on the score of
violence would apply to some passages read by Mr Foote from prominent
modern writers, which were new to him; but while the law stood as it
was, that was no defence for Mr Foote, as the writers in question
would be equally open to indictment. The jury, thus unavoidably left
in doubt, disagreed. The prosecution, acting judiciously for the first
time, took the course of entering a nolle prosequi, and the case
dropped, but not without the Lord Chief Justice having to point out
that the petition grossly misrepresented him as having pronounced the
prosecution "unadvisable," which he had carefully abstained from doing.
Unluckily, the dropping of this case did not affect the sentence
passed by Justice North, and the then Home Secretary, Sir William
Harcourt, declined to mitigate the punishment, on the score of the
offensiveness of one of the incriminated woodcuts, which he called "an
obscene libel," though the charge was one of blasphemy. Some Liberal
journals indignantly protested; but the Liberal leaders felt they
must show no consideration to blasphemy, though even the Spectator
censured them for their timidity.
§19.
While the decisive trials were yet in the future, Bradlaugh had
never slackened his energetic action on the political side of the
fight. The last move in the House had been taken on 18th July 1882,
when Mr Labouchere moved that Bradlaugh be appointed a member of the
Committee to consider the Agricultural Tenants' Compensation Bills.
The right of a member in Bradlaugh's position to serve on committees
had been established by the precedents of Alderman Salomons and Baron
Rothschild. The point was a curious one, and could not be got over
argumentatively, but of course the House could outvote the motion,
which it did by 120 to 35. Not till the next year was the campaign
indoors reopened.
On 15th February 1883, the day of the reassembling of Parliament,
a great demonstration was held in Trafalgar Square in support of
Bradlaugh's and Northampton's claim, about a thousand delegates
attending from some four hundred Radical associations of provincial
towns. At first some of the railway companies were understood to be
willing to run cheap excursion trains, but that concession was of
course violently opposed, and at a meeting of representatives of
the companies held in the Railway Clearing House on 29th January
a resolution was carried by a majority of votes, binding all the
companies to give no special facilities whatever. An attempt to get the
use of the Floral Hall, Covent Garden, for the meeting was defeated
by the veto of the Duke of Bedford's agent, though the Directors
were willing to grant it; and no other sufficiently large hall was
available for the date. The meeting, which would have been several
times larger had the railway companies given the desired special
trains, was nevertheless a great success, the square being densely
packed, despite bad weather; and despite some attempts at rioting by
hired roughs, there was almost perfect order throughout. The Pall
Mall Gazette had deprecated the meeting as held in an illegal place,
though for a perfectly legal purpose. This was a misconstruction of
the Act 57th Geo. III. cap. 19, sec. 23, which prohibited meetings
within a mile of Parliament House for the purpose of petitioning the
Crown or Parliament "for alteration of matters in Church or State." As
there was no petition under consideration, the meeting was perfectly
legal. Other papers went further, the Daily Telegraph applauding
the railway companies for refusing to "start trains in order to bring
up country roughs;" and generally it must be recorded that some of
the leading Liberal journals discouraged the whole procedure. The
Daily News and Daily Chronicle even suppressed resolutions sent
them in support of Bradlaugh's claim from provincial clubs before the
demonstration—such resolutions being part of the manifold machinery
of preparation for a great public demonstration; and the Tory papers
as a rule suppressed all reports tending to show the support given
to Bradlaugh in the country. Other forms of boycotting were freely
employed. In the cathedral town of Peterborough a debating society set
up by the local Young Men's Christian Association was deprived of the
use of the Association's rooms because it carried a motion in favour
of Bradlaugh's right to sit and vote. This episode typified hundreds.
The most skilful device employed, perhaps, was the issue of a forged
circular, purporting to come from Bradlaugh, calling on "all Atheists,
as well as Socialists," to "assemble in their thousands round the House
of Commons," and show that "the Atheists of this country have a right
to be represented" in Parliament.[176] Newspapers which had no space
for genuine news about Bradlaugh gave prominence to this.
As the meeting of Parliament drew near, expectation naturally rose high
on both sides. The sentiment of many Tories may be presumed to have
been expressed by Lord Newark, son of Earl Manvers, when at the annual
dinner of the Nottinghamshire Agricultural Society he was ruffianly
enough to say:
"He supposed that Mr Bradlaugh meant to make himself objectionable as
usual. He heard from an honourable member who sat near him[177] that
he thought of going with a big stick, and he (Lord Newark) hoped that
if he came within reach of Mr Bradlaugh he would make use of it."
The stick, however, was not on exhibition at the House of Commons.
Bradlaugh's course was to send to the Speaker a letter stating the
then position of matters, in view of the action of the law courts; and
stating that he proposed to present himself as before. This letter
was read to the House before any other business was taken. On Mr
Labouchere asking the Government what course they meant to take, Lord
Hartington at once answered that on the following night they would move
for leave to bring in an Affirmation Bill. Sir Richard Cross, on the
Conservative side, at once announced that he would oppose the Bill, and
his statement was loudly cheered. At this stage Inspector Denning asked
Bradlaugh to leave the House and reassure the multitude outside, who
were beginning to fancy they might be "ill-using him inside."
On 20th February the motion for leave was made, when Sir Henry Drummond
Wolff was understood to express himself with ironical approbation,
while Mr Chaplin opposed, and Northcote explained that he should vote
against the second reading. The motion was carried by 184 votes to 53,
most of the Irish party voting in the minority. Not till 23d April did
the Bill reach its second reading; and in the meantime a desperate
effort was made by the entire Tory party to arouse feeling against the
Bill. In the previous session the petitions in Bradlaugh's favour had
been signed by 275,000 persons, and those against him by only 65,000,
many of these being children. The leeway was now made up. The machinery
of the Anglican and Catholic Churches was worked to the utmost to beat
up petitions; schools were swept wholesale for signatures, not only
in England but abroad;[178] and large employers of labour were got to
procure the signatures of employees en masse, reluctant workers being
not obscurely threatened with the consequences of refusal. By these
means half a million signatures were got up by the 23rd of April, the
great majority being those of school-children and coerced employees.
Tantum religio——. The Tory press likewise put its best foot
foremost. In the St James's Gazette of 22nd February, Mr Greenwood
made an abominable attack on Bradlaugh, the foulest of many foul
blows, describing him as "a preacher of certain theories of the sexual
relation which, in the opinion of the great majority of Englishmen, are
not only immoral but filthy," going on to speak of him as having long
been known as the publisher of an obscene tract, and representing him
as an advocate of "Free Love, and sundry other doctrines and practices
which benefit greatly by the impossibility of referring to them
distinctly among decent people." The pamphlet formerly put together by
Varley, largely consisting of matter Bradlaugh never wrote, falsified
even at that, and partly of passages from him, wrested from their
context and falsified in application, was circulated more widely than
ever. Many members of Parliament repeated the palpable falsehood that
Bradlaugh had been "declared by the House of Commons and the courts of
law incapable of sitting in Parliament;" and Mr H. S. Northcote, son of
Sir Stafford, in addition to making this statement to his constituents
at Exeter, told them that "when Mr Bradlaugh led a mob of unwashed
ruffians down to Parliament Yard" the Government introduced their Bill.
On the second reading, Sir Richard Cross opened the opposition, and
began by making the statement that "it was a former Government whip,
Mr Adam, who first invited Mr Bradlaugh to go to Northampton"—the
grossest form ever given to that particular untruth. He was seconded
by Mr M'Cullagh Torrens, a nominal Liberal, who in his work on
"Empire in Asia" had affected a high esteem for the principle of
religious toleration—in other countries. The Bill, he said, tended
"to begin the abjuring of all responsibilities to heaven." Mr W.
E. Baxter, following, declared that "not only had Atheists been
members of Parliament, but they had sat on the Treasury Bench"—and a
member called out "And sit!" Giffard, seeking his revenge at once on
Bradlaugh and Lord Coleridge, "repeated without the smallest fear of
contradiction that Christianity was a part of the common law of the
kingdom." Mr Illingworth happening to speak of "recreant members of the
Jewish community," Baron de Worms rose to order, and the Speaker ruled
the term "out of order." None of the epithets directed at the Atheist
had struck him in that light.
The debate was thrice adjourned. On 26th April Sir H. D. Wolff took
it upon him to accuse Lord Chancellor Selborne of using his position
to help his political party; and Lord R. Churchill, in a later speech,
said the same thing of Lord Coleridge. On the Liberal side, Gladstone
made the greatest speech delivered by him during the whole controversy.
At first he was elaborate and deprecatory, but gradually he rose to
warmth and cogency. "Do you suppose," he asked—
"Do you suppose that we are ignorant that in every contested election
which has happened since the case of Mr Bradlaugh came up you have
gained votes and we have lost them? (Opposition cheers and counter
cheers.) You are perfectly aware of it. We are not less aware of
it. But if you are perfectly aware of it, is not some credit to be
given to us—we giving you the same under circumstances rather more
difficult—for presumptive integrity and purity of motive?"
It was a naïve and a vain appeal, but the speech was none the less
fine. The most powerful part of its argument was the demonstration that
those who consented to drop the Christian element from the oath and
held by the Theistic were treating Christianity, as such, as a thing
that could be dispensed with.
"I am not willing, sir, that Christianity—if the appeal is to be made
to us as a Christian legislature—shall stand in any rank lower than
that which is indispensable." He would not accept bare Theism as the
main thing. "The adoption of such a proposition as that—and it is at
the very root of your contention—seems to me in the highest degree
disparaging to the Christian faith."
And then, contending that a bare belief in a remote and abstract Deity
could exist with a complete disbelief in that Deity's having any
relation with men, he rolled out "the noble and majestic lines, for
such they are, of the Latin poet:"—
"Omnis enim per se divom natura necesse'st
Immortali aevo summa cum pace fruatur
Semota ab nostris rebus sejunctaque longe;
Nam privata dolore omni, private periclis,
Ipsa suis pollens opibus, nil indiga nostri
Nec bene promeritis capitur neque tangitur ira."[179]
There was no one to follow him up with a citation of the lines which
follow on these where they used to stand misplaced in the first book of
Lucretius' poem:—
"Humana ante oculos foede cum vita jaceret
In terris oppressa gravi sub religione;"
but some listeners there must have been who bethought them how
perfectly this long controversy had answered to the Roman's picture
of "life crushed to the earth under the weight of religion;" and they
may fitly have murmured "primum Graius homo" of the man whose long
battle was even then visibly tending to relieve them one day of the old
hypocrisy of adjuring the unknown God.
Touching his mother earth of classic verse, Gladstone drew new strength
of eloquence.
"The Deity exists, as those I must say magnificent words set forth,
in the remote, inaccessible recesses of which we know nothing,
but with us it has no dealing, with us it has no relation. I have
purposely gone back to ancient times, but I do not hesitate to say
that the specific evil or specific form of irreligion with which
in the educated society of this country you have to contend, and
with respect to which you ought to be on your guard, is not blank
Atheism. That is a rare opinion that is seldom met with; but what is
frequently met with are those forms of opinion which say that whatever
is beyond the visible scene, whatever there be beyond this short span
of life, you know, and can know, nothing of it. It is a visionary and
bootless undertaking to try to fathom it. That, sir, is the specific
mischief of the age; but that mischief of the age you do not attempt
to touch.... Whom do you seek to admit? You seek to admit Voltaire.
You would admit Voltaire, and that is a specimen of your liberality.
Voltaire was no taciturn unbeliever. He was the author of that phrase
which goes to the heart of every Christian, and of many a professor of
religion who is not a Christian—'Ecrasez l'Infâme.' Voltaire would
not have had the slightest difficulty in taking your oath; and yet
that is the state of the law for which you are working up the country
to madness." (Loud ministerial cheers.)
Speeches followed varying between imbecility and commonplace; and
on the debate being again adjourned, it was re-opened (1st May) by
Churchill in a speech of characteristic scurrility.
"The personal supporters of the representative of Atheism," said
the noble Lord, "were the residuum, and the rabble, and the scum of
the population. The bulk of them were men to whom all restraint,
religious, moral, or legal, was odious and intolerable."
An effective reply to other parts of the speech was made by Mr
Labouchere, who incidentally made the startling revelation that to his
knowledge there were several members who had never taken the oath at
all, having signed the roll, but missed swearing in the scramble for
the Testaments. At length, on a third adjournment, the question came to
the vote. Northcote made an ignominious speech, in which he defended
himself on the point of having formerly urged that special legislation
was the right course for the Government to take. He admitted that
he had said so, but contended that saying so did not commit him to
voting for that course when taken. The positive part of the argument
was worthy of the negative. But bad as the pleading on the Tory side
was, it had with it a majority of votes. On the division there voted
only 289 for the second reading, and 292 against. Irish and renegade
Liberal votes had just turned the scale; and it was noted that in
the majority there voted several members too drunk to walk straight
without support.[180] The result was received with a positive frenzy of
delight by the Tories and their Home Rule allies, all alike shouting
that they had "beaten Bradlaugh." "The Irish have beaten Bradlaugh,"
was the cry of Mr Sexton. The Liberals who voted with the majority were
the three Hon. Fitzwilliams of Yorkshire, Sir Edward Watkin,[181] Dr
Lyons, Messrs Guest, Nicholson, and Torrens, and Mr Jerningham, a Roman
Catholic, who had owed his recent election for Berwick mainly to his
having promised to support Bradlaugh's claim to sit, and who all along
broke his word in the House.[182]
Bradlaugh without hesitation took his usual course, with a difference.
He sent a letter to the Speaker, asking to be called to the table in
the usual way to take the oath, and, in the case of that course being
declined, to be heard at the bar. On 4th May he duly re-presented
himself at the bar, and the letter was read by the Speaker. Northcote
moved as usual that Bradlaugh be not allowed to swear; and Mr
Labouchere moved that he be heard at the bar, which being allowed, he
made his Fourth Speech at the Bar. It was comparatively brief, tersely
repeating the old pleas, and the old protest—
"I submit that any hindrance which is not prescribed by law is an act
which in itself is flagrantly wrong, whoever may commit it, and that
the mere fact that a majority of voices in one Chamber may prevent a
citizen from appealing to the law in no sense lessens the iniquity of
the illegal act, and that history will so judge it, whatever to-day
you may think it your right and your duty to do."
After disposing of the old falsehood that the late Liberal whip had
recommended him to the Northampton electors, he remarked:—
"I have always regarded the Liberal party as standing in the way of my
election, rather than as in any way helping my return. This, however,
I submit, was matter unworthy of this House. No such consideration has
ever entered at any time into the discussion of any other candidature.
I submit that a great House, which claims the powers of one of the
highest courts of these realms, should try to be judicial."
Again he exposed the persistent lie that he had "paraded his views,"
pointing out that even when, at official request, he named the statutes
under which he claimed to affirm, he did not in law profess Atheism,
since a Theist was legally incompetent to swear if he did not believe
in future rewards and punishments, and such Theists were only entitled
to affirm under the Acts under which he claimed. Again he protested
that he had never uttered his opinions in the House.
"Under great temptation I have refrained from saying a word which
could wound the feelings of the most religious, although I have heard
within these walls, within but a few hours, language used by one who
had declared his religion which I should have felt ashamed to use in
any decent assembly."
This referred to an exhibition by Callan, the Catholic henchman of
Cardinal Manning, who had repeatedly appeared in the House drunk, and
who, in the division of the 3rd, had used such "filthy and blasphemous"
language towards another Irish member who proposed to vote for
Bradlaugh, that he had to make a formal apology to prevent the matter
being raised. On 30th April, in the adjourned debate, another Irish
member, M'Coan, had read some of the false quotations compiled by
Varley, and, on being challenged, impudently asserted that Bradlaugh
had never repudiated them. A third Irish member, Mr O'Brien, had
observed that he "did not believe that any greater number of persons
favoured Mr Bradlaugh than would be content to go naked through the
streets." Yet another religious member, an English Tory, Mr Ritchie,
had declared that the Affirmation Bill would be "the triumph of Atheism
and Socialism," and further quoted to the House, as words used by
Bradlaugh, words which he had never used, and which were described in
the very document quoted as taken from a report for which he was not
responsible. The "filthy book," too, had been mentioned; and on this
Bradlaugh read the words of Lord Chief Justice Cockburn, hereinbefore
printed, with the exculpatory words of the jury. "But all these
things," he added, "although they were as true as they are false, give
you no right to stand between me and my seat." His peroration was
perfect:—
"I heard a strange phrase from a noble lord, that both sides had gone
too far to recede. The House honours me too much in putting me on
one side and itself on the other. The House, being strong, should be
generous. The strong can recede, the generous can give way; but the
constituents have a right to more than generosity—they have a right
to justice. (Cheers.) The law gives me my seat. In the name of the law
I ask for it. I regret that my personality overshadows the principles
involved in this great struggle; but I would ask those who have
touched my life, not knowing it, who have found for me vices which I
do not remember in the memory of my life, I would ask them whether all
can afford to cast the first stone—(cheers)—or whether, condemning
me for my unworthiness, they will as just judges vacate their own
seats, having deprived my constituents of their right here to mine."
(Loud cheers.)
It remained to discuss the closing step, as usual. Mr Labouchere moved
the previous question in a speech which pointedly raised the issue of
the actual presence of other Atheists in the House.
"Since Mr Bradlaugh has been re-elected—since you refused to allow
him to take the oath—it is well known by every member of this House
that a gentleman has been elected who is of great position in the
literary world; and every man who knows anything of English literature
knows perfectly well that that gentleman has avowed himself to be an
unbeliever in a superintending Providence as clearly as Professor
Huxley himself. ('Hear, hear.') I ask, is it not monstrous hypocrisy
to allow that hon. member to take the oath, and prevent Mr Bradlaugh
from taking it, because you assert that three years ago he had stated
within the precincts of this House that he was an Atheist?"
The member referred to was Mr John Morley, who, destined to be Mr
Gladstone's most trusted lieutenant, had listened to the Premier's
account of "the mischief of the age," but had taken no part in the
debate. His Atheism, or non-Theism, was as notorious as Bradlaugh's.
It had been zealously used against him by the Tories in his recent
election at Newcastle. The fact that he had "spelt 'God' with a small
'g'" through a whole book was known to the whole newspaper-reading
public; and the Tories would certainly have been glad enough to exclude
him if they could. But they knew all along that there were Atheists
on their own side; and Mr Morley's case could not be raised without
raising these. So the "profanation of the oath" was permitted without a
murmur by the party which had declared itself incapable of tolerating
such a thing; and the flagitious persecution of the avowed Atheist was
recommenced all the same.
To Mr Labouchere's charge of "monstrous hypocrisy" no answer was
attempted. Gladstone and Northcote with one consent ignored it. On a
division, though Gladstone supported Mr Labouchere's motion (which if
carried would have enabled Bradlaugh to take the oath), only 165 voted
for it, and 271 against.
§ 20.
Three years had now passed since Bradlaugh first sought to take the
seat to which he was alike morally and legally entitled—three years
of manifold exhausting and sorely burdensome strife, of iniquitous and
vile calumny, of lawless and shameful persecution, in part brutally
fanatical, in part dishonest and hypocritical in the lowest degree.
It had been made to embrace all who were closely connected with him.
First Mrs Besant was insultingly refused leave to use the garden of
the Royal Botanic Society for her studies, on the score that the
daughters of the Curator used it. Later (1883) the Misses Bradlaugh
were denied membership of the "Somerville" (Women's) Club on the score
that their names were sufficient objection. Yet later (2nd May 1883)
Mrs Besant and Miss Bradlaugh were refused admittance to the practical
Botany Class at University College, London. On applying by letter,
they were requested to present themselves, and then they were told in
person by the secretary and the "lady superintendent" that they could
not be admitted, because there was "some prejudice" against them. It
seemed as if nothing short of the personal insult would suffice the
officials concerned; but the Council[183] endorsed their action at its
meeting of 7th May, though the very purpose for which the College had
been founded was to dispense with religious qualifications. A memorial
requesting the Council to summon an extraordinary general meeting to
consider this action was signed by, among others, Professors Huxley,
Bain, and Frankland, and Dr E. B. Tylor; but on the meeting being held,
the medical graduates came in large numbers to support the action of
the Council, greatly outvoting the others. Only nine voted against. The
University College was thus committed to a course of ethical rivalry
with the House of Commons, outdoing that body, however, in declining
to assign any reason for its action. At the meeting Mr Justice Denman
took an active part in justifying the action of the Council, and it
went from him to the country that the excluded ladies had "refused
to comply with the rules of the College." This was pure fiction. Mrs
Besant described it at the time as a "cruel and malignant falsehood,
for we complied with every condition laid down to us." Informed of his
mis-statement, Mr Justice Denman made no correction. Later in the year
an attempt was made to deprive of his chair a Professor of Mathematics
in the South Wales University, Mr Lloyd Tanner, who was a member of the
National Secular Society, and had helped the movement in support of
Bradlaugh's claim. It was, however, defeated by a majority of votes.
These endless acts of persecution, parodied as they were in a thousand
acts of less publicity, only roused the persecuted party to more
energetic action. The Freethought propaganda was carried further
than ever, and naturally did not grow more gentle. On the political
side, Bradlaugh set himself afresh to rouse the constituencies,
bating no jot of heart or hope. To his own constituents he offered
his resignation if they wished it, and once more they emphatically
refused. He accordingly issued one more "Appeal to the People,"
organised a series of addresses and demonstrations in the large towns,
and in particular took fresh steps for overthrowing the Liberals who
had helped to throw out the Affirmation Bill. Previous menaces had
reduced the number of these renegades in the last trial of strength;
and Torrens in particular now received hundreds of letters warning
him that he need not again stand for Finsbury. In the course of a
few months, Bradlaugh had addressed audiences numbering in all over
300,000, and nearly all were unanimously in his favour, while at none
did the malcontents number above two per cent. In some towns, as at
Halifax and Leeds, he had enormous open-air demonstrations, the numbers
coming to some fifty thousand. A densely packed meeting took place in
St James's Hall in July; and another Trafalgar Square demonstration
was held in August, attended by some thirty thousand men, of whom
hundreds came as delegates from the provinces; and concurrently with
these "constitutional" gatherings there was carried on the work of the
Association for the Repeal of the Blasphemy Laws, largely conducted
by advanced Unitarian clergymen, who worked with a disinterested zeal
worthy of the very highest praise, considering how little of personal
sympathy they could have had with the imprisoned Freethinkers.
In the way of more direct action, Bradlaugh on 5th July notified
Gladstone that he proposed again to present himself to take the oath,
and on the 9th Northcote interrogated the Premier on the subject. Left
to do as he would, Northcote once more moved that Bradlaugh be excluded
from the House until he should engage not to disturb its proceedings;
and on a division 232 voted for the motion and only 65 against,
Gladstone deprecating any division at all. On the next day, on receipt
of the order of exclusion, Bradlaugh notified Captain Gossett, the
Sergeant-at-Arms, that if Captain Gossett would say he interpreted the
order to involve the use of physical force to resist Bradlaugh's entry,
he would take legal proceedings to obtain a restraining injunction from
the High Court of Justice against such resistance. In this way the
legal question might be raised and settled without a fresh scuffle. In
the House the Speaker declined to let this letter be made ground of
discussion as a matter of "privilege," though he allowed the letter
to Gladstone to be so treated. The Sergeant-at-Arms, however, made
the requisite answer, and the action was duly begun (19th July). The
Treasury defended, and on Bradlaugh's appeal the case was tried by
a "full Court." It came on before Lord Chief Justice Coleridge, Mr
Justice Stephen, and Mr Justice Mathew, on 7th December, the defence
arguing by Demurrer to the Statement of Claim. Bradlaugh's pleading was
one long argument with the judges, who followed him with great care;
and on 9th February 1884 they gave their judgment, not unexpectedly,
against him. The view taken was, broadly, that "if injustice has been
done, it is an injustice for which the courts of law afford no remedy,"
which had been the contention of the Attorney-General. Mr Justice
Stephen, while concurring with Lord Coleridge to the above effect,
delivered a separate and very careful judgment. They could not, he said
in effect, assume that the House intentionally defied the law. It must
have supposed it was within the law. Then the Court could not pronounce
its action illegal without hearing its reasons. But the House could
not without loss of dignity give the Court its reasons, or allow the
Court to overrule them. Therefore the plaintiff, right or wrong, had no
legal redress. If wronged, he must go to the constituencies. In fine,
the breaking of any law by the House in its own procedure would not be
illegal, or, if it were, the illegality could not be redressed by the
law courts. The House of Commons might be restrained in the case of an
illegal order against a stranger, but not in the case of an illegal
order against one of its own members. If it erred or did injustice, it
was in the position of an erring or unjust judge, from whose decision
there was no appeal. The rights of the constituency of Northampton and
their member were strictly legal rights; but it lay with the House to
override them if it would.
Expecting this decision, Bradlaugh had already laid the new situation
before his constituents, in order to have their assent to his action on
the re-opening of Parliament, and once more they declared their entire
confidence in him. He had also arranged with the Tories, through his
colleague, to take no action in the House before 11th February, if
they would take none. His course now was to go to the House on 11th
February, go up to the table with Mr Labouchere and Mr Burt as his
introducers, and once more administer the oath to himself.
The Speaker gave the customary order to withdraw, and Northcote,
after stating that Bradlaugh had not taken the oath according to the
statute, absurdly moved that he "be not allowed to go through the form
of repeating the words of the oath prescribed by the statutes." Then
ensued the customary miscellaneous debate. Gladstone at much length
suggested that there should be no division. Mr Labouchere offered to
agree if Northcote would limit his motion to the time within which
it would be possible to obtain a legal decision on the legality of
Bradlaugh's latest act of self-swearing; but Northcote would not agree,
and Mr Labouchere proceeded forcibly to argue the point, not only
declaring the act to be in his opinion legal, but adding:—
"I confess that, for my part, I do regard these words of the oath
[which Bradlaugh had called an unmeaning form] as an utterly unmeaning
form—(Opposition cries of 'Oh, oh')—utterly and absolutely
an unmeaning form. To me they are just the same superstitious
incantation—('Hear, hear,' laughter, 'Oh, oh,' and 'Order')—as the
trash of any Mumbo-Jumbo among African savages. (Renewed laughter,
cries of 'Oh, oh,' and 'Order.') Why do hon. gentlemen say 'Oh, oh'?
Are they aware that there are many in this House who regard these
words as a blasphemous form? ('Hear, hear.') I say I regard them as an
unmeaning form."
From this point at least, if not before, the proceedings against
Bradlaugh in the House may without fear of contradiction be described
as an indecent farce. His colleague had in the most aggressive
fashion, and within the House, declared the oath to be in his opinion
a superstitious, barbarous, and senseless incantation. Mr John Morley,
as Positivist, had taken the oath without contradiction. And before
either of these episodes Mr Ashton Dilke, whose vacated seat for
Newcastle Mr Morley obtained, had declared in the House, in course of
debate, that he was without belief in the reigning religion. Bradlaugh,
who heard the avowal, remarked on the stilled surprise with which it
was received. But no one ever sought to challenge the right of Mr
Dilke, Mr Morley, or Mr Labouchere to sit in virtue of having taken an
unbelieving oath. The Tory talk in the House of "profanation" is thus
stamped once for all as a tissue of the worst hypocrisy; and the Tory
leader and all his men stand convicted of a course of dissimulation
as cowardly as it was shameless. They would attack the "unpopular"
man; they would not obstruct Mr Morley, since that would bring up the
question of Tory Atheism; they would not proceed against Mr Labouchere,
since he was likely to publish in his journal the names of some of the
Tory Atheists.
Gross as it had become, the farce went on. Forster, who now spoke on
the subject for the first time, gave a touch of dignity to the debate
by protesting against Mr Labouchere's remarks on the oath (though
without proposing to have him proceeded against), and saying, as
Gladstone and others had said before, that the opposition to Bradlaugh
was one of the greatest blows against the cause of religion that had
been struck for many years. Northcote, making no comment whatever on Mr
Labouchere's hardy avowal, briefly explained the force of his motion;
and after this irregularity the debate grew more and more confused. It
was known that Bradlaugh meant as before to vote in the division; and
the Speaker was repeatedly appealed to to prevent it. He declared he
had not the power; and Mr Healy—in one of a series of grossly insolent
speeches, in which he spoke of "the Government, Bradlaugh & Co."—moved
immediately after the division, before the numbers were announced, that
the vote be expunged. After much squabbling, the House divided on this
point, when there voted 258 Ayes and 161 Noes. Bradlaugh's vote with
the Noes was thus "disallowed;" but after the voting on the original
motion had been stated—280 Ayes and 167 Noes—Mr Labouchere announced
that Bradlaugh had voted with the Noes on the motion to expunge his
previous vote. The farce was thus pretty complete.
Northcote then made his usual motion to exclude Bradlaugh "from the
precincts of the House until he shall engage not further to disturb the
proceedings of the House." Again the debate broke out. Mr Labouchere
offered to undertake that if the motion was withdrawn Bradlaugh should
not disturb the proceedings until he had obtained a legal decision
on this last oath-taking; and Gladstone and Bright pointed out the
hardship and indignity of excluding Bradlaugh from the very library
and lobbies of the House; but Northcote, swayed as usual by the worst
of his followers, pressed his motion, disregarding Mr Burt's final
repetition of the undertaking that Bradlaugh should not disturb the
proceedings till his law case was settled. On a division, 228 voted
for the final indignity, and only 120 against. The farce had become
as ignoble as meanness could make it; and Northcote was admitted by
most people to have fully realised the character in which he was more
than once presented by the caricaturists—of pantaloon to Churchill's
clown in the Tory pantomime. Churchill took the lead on the following
evening when, Bradlaugh having "applied for the Chiltern Hundreds,"
Mr Labouchere moved that a new writ be issued for Northampton.[184]
The hereditarily noble lord saw that if Bradlaugh were re-elected
they would be no further forward; and his object was to exclude him
permanently. He had lately given notice of a motion that Bradlaugh be
declared incapable in perpetuity of sitting, but had dropped it as
hopeless. He now "moved the adjournment of the debate." A straggling
and noisy debate ensued, in which Mr Healy was pronounced disorderly by
the Speaker for his interruptions of Northcote, whose ally he had been.
On a division, only 145 voted for the adjournment, and 203 against.
Then more discussion as to whether the Chancellor of the Exchequer had
the right to grant the Chiltern Hundreds, the motion for the new writ
being finally agreed to.
Unseated for the third time since his perfectly valid return in 1880,
Bradlaugh appealed to his constituents to elect him for the fourth
time, and was received by them with if possible greater enthusiasm than
ever. A new Tory candidate, Mr H. C. Richards, had been for some time
in the field, and the seat was fought in the old fashion; but whether
owing to the feebleness of the candidate, whom Bradlaugh generally
treated with humorous contempt, or a sense of shame among some of
the local Tories, the opposition vote now fell away. The forces of
bigotry had squeezed the last possible vote out of the borough, and
after a short and strenuous struggle the poll (19th February 1884)
ran: Bradlaugh, 4032; Richards, 3664. Bradlaugh had clearly "touched
bottom," and begun to rise again. At the general election he had polled
3827, and been 695 above the highest Tory; in 1881 he had only polled
3437, a majority of only 132; in 1882, polling 3796, he was only
108 above his opponent with 3688; now he had reached a higher figure
than ever, polling 368 more than the Tory, who was 24 below the last
Tory vote. The Tory game was now hopeless so far as Northampton was
concerned.
The badgered Northcote, goaded by his lawless following, now proposed
to take the step of preventing Bradlaugh from entering the House on
his new return. Learning this, Bradlaugh on the 20th wrote a letter of
protest to the Speaker and the Premier, and the anticipatory course was
prevented. But when on the 21st the Speaker read to the House a second
letter in which Bradlaugh formally undertook (as his introducers had
undertaken for him before) not to present himself at the table until
judgment should be given in the test action to be laid against him by
the Government. All the same, Northcote moved, amid cries of "Shame,"
his old resolution of exclusion "from the precincts." The Tory army had
to be solaced somehow for Bradlaugh's decisive victory at the poll.
Gladstone opposed, and yet again there was a miscellaneous debate,
in the course of which Churchill made the worthy suggestion that the
Government meant that Mr Bradlaugh was to be allowed once more to
appeal to the mob, in order that not only the House of Commons might
be prejudiced, but that even the courts of law might be biased by the
demonstration in his favour. On a division, 226 voted for Northcote's
motion and only 173 against. Bradlaugh was now denied the use of the
House's library for the lawsuit pending against him on the House's
behalf. He addressed to Northcote, and printed in his journal, an open
letter touched with indignant contempt.
The critical part of the letter, and perhaps the special sting of some
of the phrases—as, "You wear knightly orders. You should be above
a knave's spitefulness"—moved Northcote to send a long defensive
reply, repeating the "profanation" formula, and concluding: "The
inconveniences of which you complain are inconveniences which you
might, if you chose, put an end to to-morrow"—which meant that
Bradlaugh might have the use of the House if only he would undertake
never again under any circumstances to try to take his seat. To
this "knightly" suggestion[185] Bradlaugh replied with perhaps too
scrupulous courtesy of form, but with sufficient emphasis, and turned
himself once more to the struggle outside.
§ 21.
From this point forward it is difficult to record the course of the
Parliamentary struggle with the serious patience hitherto spent on
the narrative. On the side of the House it had become a revolting
hypocrisy, since Bradlaugh was being ostracised for what other men
were allowed to do freely; and the form of legality put on in the
resort to the law courts was only a new simulation. The law courts had
declared that they could have no possible jurisdiction over the House
in such matters however it might break the law, and still the House was
formally proceeding to obtain from the law courts penalties against
Bradlaugh for trying to fulfil the law when the House hindered him.
The House knew quite well that if it had even declared him entitled to
affirm under the existing law, no court would have decided otherwise.
The hostile decision was here a foregone conclusion; for a fortiori
the courts, after their last emphatic decision, would not prevent the
House from interpreting the law as to swearing in its own way. Only the
strenuous energy of Bradlaugh, joined with his chivalrous belief in the
ideal rectitude and jurisdiction of the judges, could have set any man
in his position on a fresh legal adventure.
Begun in March 1884, the lawsuit at the instance of the Government
came on before Lord Chief Justice Coleridge, Mr Justice Grove, Mr
Baron Huddleston, "sitting at bar," and a special jury, on 13th,
15th, 17th, and 18th June. Against Bradlaugh were arrayed five
counsel,—the Attorney-General, the Solicitor-General, Sir Hardinge
Giffard, Mr Danckwertz, and Mr R. S. Wright, and the case was argued at
enormous length on a multitude of minutiæ as to Bradlaugh's original
evidence before the first Select Committee, the practice of the House,
the position of the Speaker on 11th February, the law as to what
constituted the oath, the force of an oath taken by an atheist, and
so on. After two delays, caused by the illness of Lord Coleridge, his
summing-up, which was proportionately long and elaborate, was given
on 30th June. It advised the jury that the weight of evidence was to
show that Bradlaugh was all along an unbeliever in a Supreme Being—a
point which Bradlaugh argued should not have been raised—that in law a
person on whose conscience an oath would have "no binding effect" was
a person who could not legally take a oath; and that Bradlaugh had not
taken the oath in accordance with the practice of Parliament. The other
judges concurred; but Lord Coleridge having spoken of inquisitorial
questions on belief in general (not those in the Bradlaugh case in
particular) as "hateful" and "disgusting," Mr Baron Huddleston desired
to express dissent on that head, while Mr Justice Grove said he
would call them, "to use a mild term, extremely objectionable." The
Lord Chief Justice, remarking that he felt strongly on the matter,
gracefully agreed that his words should be "discounted" on that score.
Formally, there went to the jury eight questions, to this effect: (1)
Was the Speaker sitting when Bradlaugh took the oath on 11th February?
(2) Was he sitting to prepare notes for use in addressing Bradlaugh?
(3) Had he resumed his seat to let Bradlaugh swear? (4) Was Bradlaugh
then without belief in a Supreme Being? (5) Was he a person on whose
conscience an oath, as an oath, had no binding force? (6) Had the
House full cognisance of these matters through Bradlaugh's avowal?
(7) Did he take the oath according to Parliamentary practice? (8)
Generally, did he take and subscribe the oath?
The jury's answers were, in brief:—(1) Sitting; (2) Sitting to prepare
notes as stated; (3) No; (4) He had no such belief; (5) Yes; (6) Yes;
(7) Not according to the "full" practice; (8) Not as an oath.
Bradlaugh at once asked for a stay of judgment in order to enable him
"to move for a new trial to move to enter judgment for the defendant
non-obstante veredicto, and to move for arrest of judgment."
Outsiders had supposed that the jury trial ended the matter, but it was
not so. Bradlaugh wrote in his journal undauntedly: "If my constituents
still give me their confidence, nothing can defeat me;" and when
friends wrote that they could see no hope of good from the "wearisome
and disappointing litigation," he characteristically answered:—
"There are only two weapons to defend the right with: Law and Force.
As yet I try the law; and so long as I believe, as I do believe,
the law to be on my side, it is to the law and to public opinion I
ought to appeal. My opponents rely on force and trick. If the law was
actually against me they would take away my seat by law. This they do
not even try to do. They hope to weary my constituents, and to tire
and ruin me in this contest. Hampden, resisting ship-money, fought
more than three years in the law courts; but his wearisome litigation
was not quite in vain. Wilkes, backed by Earl Temple with purse and
power, struggled with the Commons through several weary years, and at
last Middlesex gave him victory."
The appeal was, on the face of it, a better case than Bradlaugh had
had in defending the action of the Crown. It came on, on 6th December,
before the same judges, sitting "in banc," who had tried the action
"at bar," Bradlaugh turning out to be right in his theory of the
proper procedure, whereas the judges had all been avowedly in doubt.
But the greater apparent force of the case as now put did not avail.
Bradlaugh cogently argued that no Act of Parliament gave the least
countenance to the notion that Atheists were to be disabled from
swearing. The Parliamentary Oaths Act of 1866, cap. xix., enjoins on
members of Parliament, with the exception only of those qualified to
affirm, the taking of an oath of allegiance of uniform phrasing, thus
admitting of no disability, and making an end of any disability which
may be supposed to have previously existed. Yet again, an Act of 1867
expressly provided that any subject of Her Majesty, without reference
to his religious belief, should take the oath of allegiance on taking
office. But Lord Coleridge had in the previous trial fully made up his
mind that "oath" must mean "adjuration made by one believing in the
Deity adjured," and he early indicated that this conviction overthrew
all arguments from the mere wording of statutes. On the Act of 1867
he remarked (with a discourtesy which for him was unusual, and which
disappears in the report) that "a little common sense and a little
knowledge of history" would have made the appellant aware that that
Act was passed on behalf of a Roman Catholic judge. Bradlaugh knew
the facts well enough, and capped the Lord Chief Justice's history
with some more, all going to show that the wish of the legislature
had then been to sweep away all religious disabilities whatever. It
was all to no purpose. Lord Coleridge was rather a man of strong
sentiments than a strong lawyer. He hated all persecution on behalf of
religion; and on behalf of Messrs Foote and Ramsey he stated the law
of blasphemy in the mildest possible way—a way to which Mr Justice
Stephen, albeit a rationalist, declared he could not subscribe. But
Lord Coleridge was also an emotional Christian; and though his admired
friend Arnold would readily have taken the oath without any belief in
the Deity adjured, his Lordship was strongly averse to having it taken
by an "aggressive" Atheist; and though he must have known perfectly
well that in Parliament there had for generations been known holders
of atheistic views, and that nobody proposed their exclusion, he yet
chose to assume that all laws as to oath-taking were meant to exclude
oath-taking by Atheists. One or two notable passages took place between
him and the appellant. Lord Coleridge, in his nervous irritation at
being persistently argued against, once so far forgot himself as to say
Bradlaugh was wasting time. The charge was too bad: Bradlaugh was one
of the closest and concisest of pleaders, as many judges had admitted;
and at a later stage in this trial the Lord Chief Justice took back his
words. At another point he somewhat impatiently deprecated a particular
line of argument, and Bradlaugh quietly answered, "My Lord, I must
fight with what weapons I can." Once or twice more his lordship was
rather idly petulant,[186] but this was transient; and he was very
genial when, on his remarking, "It may be, of course, that you are
right and we are all wrong," the appellant answered, "With the utmost
respect, my lord, that is practically what I am going to contend."
Justice Grove, an amiable and fair though unsubtle judge, argued very
courteously (while incidentally avowing that his sympathies were on the
side of minimising oaths) that the legislature could not be held to
have enacted an oath in the tolerant expectation that it would be taken
by some men for whom the adjuration had no meaning. That was no doubt a
perfectly reasonable point for a judge to put; but, on the other hand,
nothing is more common than the plea of judges—it was made by Justice
Grove himself—that they have only to do with the law as it stands;
and if in this case they were to look into the probable state of mind
of the legislature, it was plainly their business to take into account
all the well-known facts of the case, including the notorious fact that
members known to their fellow-members to be Atheists or "Lucretian"
Theists had repeatedly sat in the House.
Their lordships, of course, repeated their former decision—Lord
Coleridge giving the very inaccurate reason that no "new point" or "new
argument" had been raised—and the rule for a new trial was refused.
Immediately Bradlaugh appealed; and the case was heard (on the motion
for a new trial, and, secondarily for seven days' time to move for
arrest of judgment after the first motion should have been adjudged
upon) in the Court of Appeal on 15th December by Lords Justices Brett
(Master of the Rolls), Cotton, and Lindley. These judges heard the
appeal with great patience, and on the 18th gave judgment to the effect
that they could not grant a rule for a new trial on the ground that
the verdict was against the evidence. But on "many other questions
in the case which it is not improbable might all be raised upon the
appeal by way of arrest of judgment," they thought it right to grant
"a rule nisi to show cause upon all the other points taken by the
defendant, upon condition that the appeal in arrest of judgment is
brought on at the same time." The argument on this rule was taken on
26th January 1885, when the Attorney-General and Sir Hardinge Giffard
argued (a point which had been left open before) that no appeal lay,
the case being technically a criminal one. This plea, after voluminous
argument, was overruled—the point being settled by Bradlaugh's
references to portions of the Crown Suits Act which the other side had
not dealt with. Then came the argument on the main issue. To a lay
listener Lord Justice Brett seemed to give a more strictly judicial
attention to the problem than did any of the judges who had dealt with
it hitherto, and never was the subject more fully illuminated. In a
previous trial Justice Grove had noticed the anomaly that whereas an
oath or affirmation was set up as a means of securing true answers,
the judge had to satisfy himself beforehand on a witness's bare word as
to the nominally all-important point whether an oath would be "binding
on his conscience." Bradlaugh now brought out another no less precious
anomaly, namely, that the Speaker, at the opening of Parliament, must
of necessity administer the oath to himself; and that the first forty
members must positively break the law, seeing that they swear while
there is not a "full House" sitting. Another curious issue was raised
by the Court. An unbeliever could certainly be punished for perjury;
how, then, could his oath be "no oath," when perjury expressly meant
false testimony given on oath? Sir Hardinge Giffard's answer was that
no man may "take profit from his own wrong." It might have been more
dramatically put that the Christian law says to the Atheist, "Heads, we
win; tails, you lose."
Despite the fairness of the hearing given, it soon became apparent that
the Master of the Rolls held that "religious test" could only mean
test as between different forms of religion, and that to exclude an
Atheist from civic rights is not to impose a religious test. Now, the
English tests of last century were as between sects, not as between
religions; that is, they were denominational; that is, political.
Still, they were always known as religious tests. It would surely
follow that "religious test" meant any test connected with religious
matters. In that case Lord Justice Brett's distinction was completely
arbitrary and fallacious. But on grounds such as these, among others,
the judgment was given (28th January) against the appellant. It was
certainly an able judgment—as able as it was lengthy. It raised,
among other things, the exquisitely complicated anomaly that Bradlaugh
could satisfy a judge on his bare statement that he was an Atheist,
and yet, after affirming on that ground, could be solemnly examined
as to whether he was an Atheist. And the judge very explicitly laid
it down that if a non-believer in a falsehood-punishing Deity were to
take the oath unopposed, with all the customary formalities, he could
on proof be sued for the penalty of £500 for every vote he had given.
This meant, if anything, that the Atheists or Agnostics then sitting in
Parliament were all so liable.
Lord Justice Cotton, with much simplicity, laid it down that the law of
England "undoubtedly" was that if a person in the "unhappy position" of
not believing in a lie-avenging Deity took the oath, it was not a real
oath. And Lord Justice Lindley, with a certain cynical candour, dealt
with Bradlaugh's main argument, that it was absurd to hold that a man
is by law incapable of doing that which the law requires him to do. "I
agree in the absurdity," said his lordship, "but not in the argument
adduced from it." He held that the only solution would be that the
defendant "could not be properly elected."
"It is a mistake to suppose," said Lord Justice Lindley further,
"and I think it is as well the mistake should be known, that persons
who do not believe in a Supreme Being are in the state in which it
is now supposed they are. There are old Acts of Parliament still
unrepealed by which such people can be cruelly persecuted. Whether
that is a state of law which ought to remain or not is not for me to
express an opinion upon; but having regard to the fact that these
Acts of Parliament still remain unrepealed, I do not see my way to
hold judicially that this oath was not kept alive by Parliament for
the very purpose, amongst others, of keeping such people out of
Parliament."
This last deliverance is memorable on several grounds—memorable as
showing the need, from the point of view of one more judge, for a
repeal of the brutal laws of the past against heresy; and further
memorable as showing once more how ready are judges to rest alternately
on mutually exclusive principles of interpretation. On the point as to
whether the case was one in which an appeal lay, Lord Justice Lindley
grounded his opinion on the fact that there was not to be found in
the Judicature Act "the slightest indication of any intention on
the part of the legislature" to prevent appeals in cases which were
"previously made civil proceedings for the purposes of appeals." On
the same principle, he ought to have looked whether there were the
"slightest indication of any intention on the part of the legislature"
in modern acts to exclude all Atheists from oath-taking. There is no
such indication. Not a word is said of excluding unbelievers. On the
contrary, it was only with difficulty that the legislature could be
got to meet the fact that there were many Atheists who at times had
to give testimony in courts of law. Had the legislature really desired
to exclude all Atheists from oath-taking it would surely have said so,
knowing as it must have done how common unbelieving oath-taking had
been. And all the judges, as individuals, must have known perfectly
well that privately known Atheists had sat in every Parliament for
generations. Such are the conditions of legal judgment on questions of
legal principle.
Bradlaugh at once gave notice of appeal to the House of Lords; and,
all things considered, he had as good chances of success as ever he
had. But this litigation had now reached its climax, and the appeal
did not come off. The struggle had gone far towards completing
its fifth year, and relief was almost within sight. It was not to
come from legislation. Mr Hopwood had undertaken to introduce an
affirmation Bill grappling with the whole position, which was not
merely an affair of the admission of Atheists, but of providing
also for certain religionists who, not being Quakers, Moravians, or
Separatists, were not entitled to affirm, though strongly objecting
to the oath. And there were yet further matters to be dealt with, as
the position of freethinking jurors. But the saving credit of passing
such a measure was not in store for the "Liberal" Parliament. At the
Liberal Conference on Reform in 1884, presided over by Mr John Morley,
a resolution had been unanimously carried in favour of Northampton's
right; and at the Conference of the National Liberal Federation in
1885, Mr Hopwood's Bill was unanimously approved of; but though this
action was backed up by countless resolutions of Liberal and Radical
Clubs, and hundreds of petitions,[187]
the Anglican and Roman Churches set to work as zealously as ever
to oppose, the Liberal Government would make no attempt to grant
facilities in the House, the Bill was blocked, and nothing was done
while that Government remained in office. But when, on their being
defeated at their own wish on the Budget, a Conservative Ministry took
office, Bradlaugh at once presented himself (6th July) to be sworn. He
might have presented himself before the re-elected Tory ministers, in
which case they could not have taken part in the proceedings against
him, but he treated them with the chivalry they never showed to him,
and allowed the ministers first to be sworn in. The new Chancellor
of the Exchequer, Sir Michael Hicks Beach, took up the matter on the
lines of Northcote, who was now made a peer, and moved that Bradlaugh
be as before excluded from the precincts. Mr Parnell and Mr Healy went
further, appealing to the Speaker to have Bradlaugh (who was standing
below the bar) wholly excluded from the House at once, before the
motion was debated. To this stretch of malice the Speaker could not
accede, and the debate proceeded in the usual way. Mr Hopwood moved an
amendment declaring legislation to be necessary "on wider grounds than
the interests of a constituency." Gladstone, though deprecating any
general legislation on the subject, supported the amendment. Only 219
voted for it, however, and 263 against, the majority again including
many Home Rulers and a number of Liberals, while many more Liberals
had absented themselves. Against most of these, vigorous measures were
taken in the constituencies, which now had before them the imminent
prospect of a fresh general election. In this election it had been
arranged that Bradlaugh should stand for the new borough of East
Finsbury, London, as well as for Northampton, on the understanding that
if elected for both he should sit for Northampton. This was a generous
attempt on the part of the Finsbury Radicals to strengthen his case;
but other Radical candidates being less generous, he finally withdrew
from the Finsbury candidature to avoid a split in the Radical camp.
In Northampton the fight had little excitement in it, the conclusion
being foregone. Mr Richards at one of his meetings claimed credit
for avoiding personalities, and mentioned that he had in his pockets
letters from several persons offering to flood Northampton with
slanderous tracts. He did not add that that device had been played out,
and had become just a little unsafe besides. Towards the election day
virulent placards were resorted to, from force of habit. Bradlaugh did
not post a single bill. The poll (25th November) stood:—Labouchere,
4845; Bradlaugh, 4315; Richards, 3890; Bradlaugh thus standing higher
than ever before. The difference between him and his colleague was
represented by 366 plumpers for Mr Labouchere, and 300 votes split with
the Tory, less 126 plumpers for Bradlaugh, and 10 split for him and the
Tory. The news was received everywhere with special enthusiasm. But
still more significant was the havoc wrought among those pseudo-Liberal
members who had turned the scale against Bradlaugh in the House. Mr
Samuel Morley had been forced to retire from Bristol, Mr M'Cullagh
Torrens from Finsbury, the Hon. H. W. Fitzwilliam from Dewsbury, Mr
Jerningham from Berwick, and then later from Blackpool, the selection
being cancelled before the election; Mr George Courtauld, Unitarian,
from Maldon, Sir Alexander Gordon from Aberdeenshire, Sir Thomas
Chambers from Marylebone, and Baron de Ferrières from Cheltenham.
These were all opposed by former supporters on the express ground of
their votes in the Northampton question. Others who went to the poll,
again, were defeated on the same score. Mr Norwood at Hull was defeated
by the running of a special Radical candidate in protest against
his anti-Bradlaugh action in the House. Mr A. P. Vivian, a frequent
absentee on the question, was defeated in North-west Cornwall, and Sir
W. Charley at Ipswich. Mr B. Whitworth, formerly of Drogheda, chosen
and then dismissed at Hackney, was defeated at Lewisham. Prominent
Tory and other enemies suffered in a hardly less degree. Newdegate,
after beginning his candidature, withdrew rather than meet certain
defeat; Sir Henry Drummond Wolff was defeated, so was Earl Percy, so
was Sir J. E. Wilmot, so was Mr Warton, so was "O'Donnell." Dr Lyons
collapsed at nomination in Dublin. M'Coan was thrown out at Lancaster,
Mr Nicholson at Petersfield, and Mr Denzil Onslow at Poplar. Of new
Tory candidates who had been specially offensive in their hostility,
Mr Hammond was beaten at Newcastle, Mr Bruce Wentworth at Barnsley,
Mr Holloway at Stroud, and Mr Edwardes-Moss at Southport. There was
no mistaking the "Bradlaugh element" in these cases; and though some
Radicals who had stood by him were also defeated, as Mr Hopwood and Mr
Hugh Mason, that was solely owing to the hostility of the Irish vote,
then being manœuvred by Parnell to weaken the Liberals. Much of the
work of destroying the renegade Liberals had been done by Bradlaugh in
person in his lecturing tours. "I think I have settled a round dozen of
them," he remarked some time before the election. One former Liberal
member, who had been his persistent enemy in the House, finding defeat
staring him in the face through Bradlaugh's action, came to him in his
hotel when he was lecturing in the constituency concerned, and humbled
himself to ask for mercy. Bradlaugh gravely refused. "You are very
hard," whined the petitioner, who had thought fit to work iniquity with
the majority for five long years, with as little thought of justice as
of generosity.
The tables thus turned, it is probable that in the first Parliament
which assembled in 1886, an Affirmation Bill could have been carried
in the teeth of the Tory minority, seeing that even some Tory members
had had to pledge themselves to support such a Bill; and Mr Serjeant
Simon had arranged to re-introduce Mr Hopwood's. But the settlement
was precipitated in an unexpected way. Bradlaugh wrote Sir Michael
Beach asking how the Government would treat the Bill if introduced,
and received a non-committal answer. Soon afterwards it was announced
that communications had passed on the subject between Sir Michael and
the new Speaker-elect, Mr Peel; and Bradlaugh wrote to ask Sir Michael
what they were, but was refused the information, whereupon he strongly
protested. The mystery was only cleared up when the new Parliament
assembled on 13th January 1886.[188] The new Speaker had determined
to reverse the policy of his predecessor in the Bradlaugh case, and
the Tory Cabinet in vain sought to dissuade him. On the opening day,
before any members were sworn, he informed the House that he had had
two communications—one from Sir Michael Hicks Beach, and one from two
other members, Mr Raikes and Sir John Kennaway, appealing to him not
to let Bradlaugh take the oath. To these requests he flatly declined
to accede. In the former Parliament, he pointed out, the Speaker had
taken no independent authority on himself, but had always acted on the
instructions of the House. "We are assembled," he went on,
"in a new Parliament. I know nothing of the resolutions of the past.
(Cheers.) They have lapsed; they are void; they are of no effect
in reference to this case. (Renewed cheers.) It is the right, the
legal, statutable obligation of members, when returned to this
House, to come to the table and take the oath prescribed by statute.
('Hear, hear.') I have no authority, I have no right, original or
delegated, to stand between an hon. member and his taking of the oath.
('Hear, hear.') I have been further asked whether, when the House
is completed, and after a quorum has been constituted, it would be
competent for a motion to be made intervening between the hon. member
for Northampton and his taking of the oath. I have come clearly and
without hesitation to the conclusion that it would neither be my duty
to prohibit the hon. gentleman from coming, nor to permit a motion to
be made standing between him and his taking of the oath. (Opposition
cheers.) The hon. member takes that oath under whatever risks may
attach to him in a court of law. ('Hear, hear.') But it is not for
me—I respectfully say it is not for the House—to enter into any
inquisition—(cheers)—as to what may be the opinions of a member when
he comes to the table to take the oath. I am bound, and the House is
bound, by the forms of this House, and by the legal obligations and
rights of members. If a member comes to this table and offers to take
the oath, I know of no right whatever to intervene between him and the
form, of legal and statutable obligation. (Cheers.)"
The Chancellor of the Exchequer in vain sought to make a declaration:
he was called to order. Bradlaugh was duly sworn, with a Tory Ministry
in nominal command of the House. The protesters against "profanation"
had to stand by and see what they had defined as profanation
"solemnly"—as the law courts defined solemnity—authorised by the
supreme authority of the House. They had refused to permit affirmation;
their oath was now, on their own declaration, outraged and trampled
upon. At the same time, the whole past procedure of the House, the
whole course of the last Speaker, was overruled and impeached as
unwarrantable. The House had drunk its cup to the dregs.
§ 22.
The Tory press naturally solaced itself by repeating the well-tried
falsehood that Bradlaugh had originally refused to take the oath,
and declaring that he had now eaten his words. On 26th January,
dissatisfied with that unsubstantial comfort, Mr Raikes asked the
Government if they would prevent Bradlaugh from sitting and voting
until he had proved his capacity to take the oath, or until the
judgment of the Court of Appeal was reversed by a higher tribunal.
Sir M. Hicks Beach formally replied that he was not prepared to take
action, and no action of the kind was ever taken. Soon the Tories,
being in the minority in the House, were turned out and the Liberals
installed in their places. Appealed to to enter a stet processus in
the action in which Bradlaugh had appealed, they timorously declined,
dreading Tory comment. But when the Tories later in the year were
returned to power by the election following on Mr Gladstone's defeat on
his first Home Rule Bill, and Lord Randolph Churchill became leader of
the House of Commons, that versatile personage, desirous of placating
if possible so formidable and so avowed an enemy as Bradlaugh, gave
the relief which the Liberals had refused. Bradlaugh was thus finally
secured in his seat by the capitulation of one of the most unscrupulous
and offensive of his old enemies. Churchill's allusion in the House
to Bradlaugh's supporters as the "scum and dregs of the nation" had
elicited from Bradlaugh, in connection with his agitation against
perpetual pensions, a short tractate on the manner of the founding of
the Churchill family, which struck his lordship in a fashion he had not
been used to at the hands of Gladstone, or even of Mr Chamberlain; and
he desired to make peace. He did not obtain it.
But not only did the Tory party, as represented by its new leader in
the Commons, thus give up all it had contended for: it was finally to
make personal submission to the man it had wronged. The Affirmation
Bill introduced by Mr Serjeant Simon never reached a debate; and it was
left to Bradlaugh to carry one on his own initiative in 1888, by the
votes of the men, Tory and Parnellite, who had defeated former Bills.
Last of all, it was in the same Tory House of Commons, while Bradlaugh
lay dying, that there was carried the resolution he had repeatedly put
down, expunging from the journals of the House the old votes for his
exclusion, even as the resolutions against Wilkes had been expunged.
If the act was one of repentance, it the more certainly implied an
infamous wrong done.
There were certainly many reasons why the Tory party should repent.
They had "struck for themselves an evil blow," though the sudden
rising of the Home Rule issue served to obscure the consequences of
their course in the Northampton struggle. It was impossible that as a
party they could have gained in credit by it either among the masses
or among thoughtful and earnest men. Nothing was more notorious than
that nine-tenths of the leading Bradlaugh-baiters were the least worthy
men in the House. Wolff, described by Bradlaugh as a noted retailer of
choses grivoises; Churchill, the noisy and reckless charlatan of the
new Toryism, "the Demosthenes of bad taste and vulgar vehemence;"[189]
Tyler, the company-promoter, hooted by the shareholders he had
impoverished; "O'Donnell," the turncoat; Callan, the drunken;
Newdegate, besotted with more fumes than those of fanaticism; Fowler
and Warton, the gross and blatant; Healy, the ever-rowdy—these could
not gain good repute from alliance with types like Mr Samuel Morley,
and could not be made respectable by the leadership of Northcote, whom
they hustled and humiliated. It is not possible to say with entire
certainty what had been the general view of Beaconsfield on the case
while he lived; but it is difficult to believe that he could have
taken any satisfaction in seeing the most prominent function of the
new Toryism made out to be the rowdy resistance to the sitting of a
freethinking member, and the insolent refusal of a constituency's
rights.
There can be no doubt, I think, that one effect of the whole episode
was to create a new and widespread intensity of antagonism to the
prevailing religion and to the Conservative cause. Men who had before
regarded Christianity with indifference or disfavour or contempt, as a
delusion, began to detest it as a living fountain of injustice; and men
who had seen in recent Conservatism a policy of diverting the people's
attention from home needs by foreign adventure, now saw in it a great
machinery for working iniquity within the State. The party which had
been seen making gun-wadding of the decalogue in its wars of aggression
had now made a crass Semitic Theism the pretext for a dastardly effort
to crush one man, partly by way of embarrassing the opposite side; and
the party which denounced "disloyalty" took sides with the disloyalists
to the same end. Of course, the heat of the immediate struggle did
not last on one side any more than on the other; above all, it did
not last with Bradlaugh himself; but it is certain that thousands of
Freethinkers date their conversion from the time of Bradlaugh's fight
with the bigots; and I fancy there are still many who preserve the
impression they then gained of what Voltaire meant by "the infamous,"
and the purpose they then formed to make war on it throughout their
lives. As regards Toryism, too, though "each day brings its petty
dust, our soon-choked souls to fill," the adherents of that cause may
rely on it that for many a citizen, for many a day to come, their
declarations of concern for justice and right, in any case whatever,
are made derisory by memories of their five-year-long course of gleeful
injustice to the Atheist. Time brings its revenges. If Liberals in
mass have deserved ten years of frustration, in an effort to do right,
by their former treatment of Ireland, Tories in turn have wrought for
the cup of defeat they have tasted, and are yet to drain to the dregs.
And the Irishmen who, claiming freedom for themselves, shamelessly
withheld from another even the rights they already enjoyed—they, too,
have paid and are paying for their misdeeds, despite their avowed
repentance.
As for the Conservative party, despite its practical recantation, it
would be too much to say that there is any real concern among the
mass of its members for the five years' carnival of injustice over
Bradlaugh. I have gone through Mr Lang's "Life of Northcote" without
finding one word of regret for the whole shameful business, though
he quotes a passage in which Northcote expressed in his diary a mild
deprecation of the ruffianism of some of his followers in the matter.
But, indeed, the capacity to do the thing as it was done excludes the
capacity to be ashamed of it. Toryism is transmuted, but does not
repent. At best, new Tories may at times deprecate the action of their
predecessors.
§ 23.
Whatever be the sympathies with which the matter is looked at, there
is no gainsaying the historical fact that Bradlaugh's struggle is a
decisive episode in constitutional history. It will always rank in
English annals with the partially parallel case of Wilkes, dating a
hundred and twenty years earlier; and it will be a very bold or a
very blind majority which ever again attempts to exclude from the
House of Commons a duly-elected member against whom no legal objection
lies. Of Wilkes, Mr Gladstone has declared that whether we choose it
or not, his name must be enrolled among those of the great champions
of English freedom. If that be so, Bradlaugh's name must stand still
higher, in that it represents not only the principle of the rights of
constituencies, but the principle of freedom of conscience in the last
and most serious issue. And in every moral respect, Bradlaugh's case
stands above that of Wilkes. The point in which they best compare is
their courage; but even the undoubted courage with which Wilkes faced
an unpopular king and unpopular ministers was a less rare thing than
the fortitude which faced the hate and the slander of half of the more
articulate part of the nation. For the rest, though he had the merit
of geniality, Wilkes was a poor creature enough in many ways—a rascal
towards his wife, a leader of ribald orgies, a prurient poetaster,
a briber of constituencies, while professing to be uncorrupting and
incorruptible. He was a blasphemer in the strict and really bad sense
of a man deriding a Deity in whom he did not profess to disbelieve;
he wrote and privately printed indecent verse for the indecency's
sake. And if he is to be remembered for courage in that he resisted an
unpopular Ministry with a great and aristocratic party to support and
salary him, much more so is Bradlaugh, who was scouted and insulted by
many even of the Liberals that felt constrained at times to vote on his
behalf, and who had little save poor men's help in his long and costly
fight. It is significant of the worth of common opinion that Wilkes
was much more readily forgiven for real and ill-meant and undisputed
obscenity than was Bradlaugh for the earnest and scrupulous defence of
true doctrines infamously miscalled obscene. On the point of politics,
Wilkes is hardly more justly notable than on the point of character.
He had no higher mission than to attack an autocratic and unpopular
minister; his very animus was partly the evil and vulgar spirit of
racial animosity; he had no high purpose of political reform. After
unwilling drudgery in a public office of dignity, he found his chosen
reward in a semi-sinecure. Bradlaugh stood for great causes in the
world of thought as well as in the world of action: he was a thinker
and a high-minded reformer where Wilkes was at best a high-spirited
adventurer.
And as Wilkes was the worse man, so he had the worse case. When elected
in 1768, he was legally an outlaw—albeit under an unjust sentence;
and his supporters signalised his success by a riot, breaking windows
wholesale, mobbing and insulting leading opponents. Afterwards he was
elected while a prisoner. Certainly Parliament, in his case, took a
more courageously illegal course than it did in Bradlaugh's, not only
refusing to admit him, but declaring him disqualified, voiding his
seat, and declaring Luttrell member when elected by the minority. The
jugglers of 1880-85 kept a member out of his seat without daring to
declare the seat therefore vacant, though the law courts hinted not
obscurely that an Atheist was hors la loi in respect of the chief
civic rights. Certainly in the case of Wilkes the King was known to
be the main mover in the breaking of the law, and so was more openly
putting the liberties of the whole people in jeopardy. But the fact
that in Bradlaugh's case the tyrants were bigots and partisans,
representing masses of electors, and the wronged man a heretic,
only made the danger the more profound. The final triumph of the
law-breakers would in his case have been a worse blow to freedom than
it could have been in that of Wilkes, just because so many hundreds
of thousands of bigots would have rejoiced in it. It would have been
more dangerous to democracy, because undermining democracy from
within, whereas the ostracism of Wilkes was an ostentatious blow from
without. The "many-headed tyranny of an unscrupulous senate" is a more
sinister thing when it rests on the fanaticism of thousands than when
it is the mere subservience of time-servers to the sovereign; for if
the principle were to be practically established that a man may be
politically ostracised for theological heresy, the axe would be laid
to the root of a greater thing than political privilege. What the
Inquisition did for Spain, brainless bigotry might have begun to do for
England. It had become clear that the law courts would not give any
decision which struck at the freedom of the House of Commons to act as
it pleased, our constitution being thus seen to lack the safeguard set
up in the Supreme Court of the United States; though the House went
through the form of arguing its case before the judges. The value of
their decisions was seen when, after Bradlaugh took the oath before
Mr Speaker Peel, he was allowed to sit in peace though he had been
declared legally incapable of taking an oath. Evidently the principle
of legality had little remaining validity. It may be, nevertheless,
that the time is not yet come for the majority of Englishmen to realise
fully how much was saved to their heritage by Bradlaugh's long stand
against nefarious faith. The language of sincere conviction still
blends with the language of cant in calling his opinions "peculiar" or
worse; and half of those who stood beside him on the political issue
were anxious in avowing their repudiation of his doctrines and his
personality. But even in the few years between his struggle and his
death there was a change; and to say that he has not yet had his full
share of honour is only to say that his fame will be at its clearest in
the larger air of a more enlightened day.