Chapter XXIII: Act 1870: , I have repeatedly for nine years past affirmed in the (3)

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.

[Footnote 148: The _National Reformer_ of 16th January 1881 contains, besides Bradlaugh's own protest, articles by two leading contributors strongly condemning the measure and criticising its defenders, including Bright.]

[Footnote 149: See above, p. 201.]

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.

[Footnote 150: Bradlaugh put the technicalities thus to the Lord Chancellor in the Court of Appeal on 27th March:--"There are issues of fact untouched by the demurrer, and there is the first paragraph of the statement of defence, on which I may possibly defeat the plaintiff even should the allowance of the demurrer be maintained."]

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:--

[Footnote 151: In the House of Commons on 7th February 1882 Earl Percy asserted that Bradlaugh's friends had fabricated tickets for the meeting. The statement was absolutely false.]

"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]--

[Footnote 152: April 27, 1881.]

"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."

[Footnote 153: May 6, 1881.]

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.

[Footnote 154: Given in a special number of the _National Reformer_.]

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.

[Footnote 155: Formally, Newdegate was bound to pay Bradlaugh's costs if Bradlaugh won, but had the fact of the maintenance never come out, it would have been an easy matter for Clarke to become bankrupt, and leave Bradlaugh no redress, while he himself could be privately reimbursed by Newdegate.]

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.