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Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2)

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CHAPTER III.
THE PARLIAMENTARY STRUGGLE

§ 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 opinion122 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 statement129 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.

121In the action of Richards v. Hough and Co., however, in May 1882, Mr Justice Grove expressly remarked that some judges did not think it necessary to enquire at all as to the belief of a witness claiming to affirm. In the prosecution of Bradlaugh, Foote, and Ramsay in 1883 for blasphemy, on the other hand, Lord Coleridge, a very considerate judge, expressly asked Mr Foote, before letting him affirm, whether the oath "would be binding on his conscience," though Mr Foote, declaring himself an atheist, rightly objected to such a query. His lordship after discussion agreed to modify the question, making it apply only to the words of invocation; and he put the question with still more modification to Mrs Besant, who, warned by what had been done to her partner, declared in so many words that any promise she made would be binding on her, whatever the form.
122Sir Henry James later avowed that they adhered to that opinion all along.
123In the discussion on the Burials Bill, 1881.
124He wrote in his diary at the time: "It seems strange to require an oath from a Christian, and to dispense with it from an Atheist. Would it not be better to do away with the member's oath altogether, and make the affirmation general?" (Mr Lang's "Life of Northcote," ii. 154.)
125These were Mr Gorst, Lord Randolph Churchill, and Mr A. J. Balfour. The latter took little oral part in the Bradlaugh struggle, but always voted with his party.
126Northcote's diary, so far as published, naturally offers no confession or explanation as to the change in his attitude. Under date May 24, he simply records that "we agreed to stand firm for Wolff's motion" (Mr Lang's "Life," ii. 159).
127Macmillan & Co., "The English Citizen" series.
128A technical assent to this ambiguous question was, as we have seen, the condition attached to affirmation in the law courts. But common decency usually gave the formula there a purely technical and non-natural force.
129Printed in National Reformer of 30th May 1889, p. 338, and in several London newspapers.