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THE TRUE STORY

MY PARLIAMENTARY

STRUGGLE.

CHARLES BRADLAUGH.

LONDON: FREETHOUGHT PUBLISHING COMPANY, 28, STONECUTTER STREET, E.C. 1882.

LONDON:

PRINTED BY ANNIE BESANT AND CHARLES BRADLAUGH, 28, STONECUTTER STREET, E.C.

So much misapprehension and misrepresentation prevails as to what has really taken place in the House of Commons with reference to my Parliamentary struggle, that I reprint the Report of the Second Select Committee and the Evidence taken before such Committee, together with my three speeches at the bar and the resolutions of the House: these together giving the actual facts.

And Mr. Bradlaugh having since come to the Table of the House for the purpose of taking the Oath prescribed by the 29 & 30 Vict. c. 19, and the 31 & 32 Vict. c. 72, and objection having been made to his taking the said Oath, it be referred to a Select Committee to inquire into and consider the facts and circumstances under which Mr. Bradlaugh claims to have the Oath prescribed by the 29 & 30 Vict. c. 19, and 31 & 32 Vict. c. 72, administered to him in this House, and also as to the Law applicable to such claim under such circumstances, and as to the right and jurisdiction of this House to refuse to allow the said form of the Oath to be administered to him, and to report thereon to the House, together with their opinion thereon.

Committee nominated of--

Mr. Whitbread. Sir John Holker. Mr. John Bright. Lord Henry Lennox. Mr. Massey. Mr. Staveley Hill. Sir Henry Jackson. Mr. Attorney General. Mr. Solicitor General. Sir Gabriel Goldney. Mr. Grantham. Mr. Pemberton. Mr. Watkin Williams. Mr. Walpole. Mr. Hopwood. Mr. Beresford Hope. Major Nolan. Mr. Chaplin. Mr. Serjeant Simon. Mr. Secretary Childers. Mr. Trevelyan. Sir Richard Cross. Mr. Gibson.

THAT the Committee have power to send for Persons, Papers, and Records.

THAT Five be the Quorum of the Committee.

REPORT.

THE SELECT COMMITTEE appointed to inquire into and consider the facts and circumstances under which Mr. BRADLAUGH claims to have the OATH prescribed by the 29 & 30 Vict., c. 19, and 31 and 32 Vict., c. 72, administered to him in this House; and also as to the LAW applicable to such claim under such circumstances; and as to the right and jurisdiction of this House to refuse to allow the said form of the OATH to be administered to him; and to Report thereon to the House, together with their Opinion thereon:--HAVE agreed to the following REPORT:--

In pursuance of the terms of the reference to your Committee, they have inquired into and considered the facts and circumstances under which Mr. Bradlaugh claims to have the oath prescribed by the Parliamentary Oaths Act, 1866, and the Promissory Oaths Act, 1868, administered to him in the House, the Law applicable to such claim under such circumstances, and the right and jurisdiction of the House to refuse to allow the form of the said Oath to be administered to him.

In order to carry out such inquiry and consideration, your Committee thought it right to examine Sir T. Erskine May as a witness before them. Mr. Bradlaugh applied to be permitted to make a statement to your Committee, and the application was granted. After such statement had been made by Mr. Bradlaugh, he submitted himself for examination, and was examined by any Members of your Committee who desired to put questions to him. Under the circumstances appearing in the Evidence and in the Appendix to this Report, your Committee admitted in evidence a letter written by Mr. Bradlaugh to certain newspapers, dated 20th May, 1880. All the evidence taken by your Committee appears in the Appendix to this Report.

The facts and circumstances under which Mr. Bradlaugh claimed to take and subscribe the Oath are as follow: On Monday, the 3rd of May, Mr. Bradlaugh came to the Table of the House and claimed to be allowed to affirm, as a person for the time being by law permitted to make a solemn affirmation instead of taking an oath; and on being asked by the Clerk upon what grounds he claimed to make an affirmation, he said that he did so by virtue of the Evidence Amendment Acts, 1869 and 1870. Whereupon Mr. Speaker informed Mr. Bradlaugh, "that if he desired to address the House in explanation of his claim, he might be permitted to do so." In accordance with Mr. Speaker's intimation, Mr. Bradlaugh stated shortly that he relied on the Evidence Further Amendment Act, 1869, and the Evidence Amendment Act, 1870, adding, "I have repeatedly, for nine years past, made an affirmation in the highest courts of jurisdiction in this realm; I am ready to make such a declaration or affirmation." Thereupon Mr. Speaker acquainted the House that Mr. Bradlaugh having made such claim, he did not consider himself justified in determining it; and having grave doubts on the construction of the Acts above stated, he desired to refer the matter to the judgment of the House. Thereupon a Select Committee was appointed to consider and report their opinion whether persons entitled, under the provisions of the Evidence Amendment Acts, 1869 and 1870, to make a solemn declaration instead of an oath in courts of justice, might be admitted to make an affirmation or declaration instead of an oath, in pursuance of the Acts 29 & 30 Vict. c. 19, and 31 & 32 Vict. c. 72; and on the 20th of May the Committee reported that, in their opinion, persons so entitled could not be admitted to make such affirmation or declaration instead of an oath in the House of Commons.

On the day after the receipt of this Report, Mr. Bradlaugh presented himself at the table of the House to take and subscribe the Oath; and was proceeding to do so, when Sir Henry Drummond Wolff, one of the Members for Portsmouth, objected thereto, and Mr. Bradlaugh having been ordered to withdraw, Sir H. D. Wolff moved, "That, in the opinion of the House, Mr. Bradlaugh, the Member for Northampton, ought not to be allowed to take the Oath which he then required to be administered to him, in consequence of his having previously claimed to make an affirmation or declaration instead of the Oath prescribed by law, founding his claim upon the terms of the Act 29 & 30 Vict. c. 19, and the Evidence Amendment Acts of 1869 and 1870; and on the ground that under the provisions of those Acts the presiding judge at a trial has been satisfied that the taking of an oath would have no binding effects on his conscience." This Motion was superseded by an Amendment appointing your Committee.

Your Committee have been furnished by Sir T. Erskine May with a list of precedents which illustrate the jurisdiction and proceedings of the House in regard to the taking of Oaths. These precedents, and others which Mr. Bradlaugh placed before your Committee as bearing on the case, will be found in the Appendix to this Report. They may generally be divided into three classes: first, cases of refusal to take the Oath; secondly, claims to make an Affirmation, instead of taking the Oath; and, thirdly, claims to omit a portion of the Oath of Abjuration. Among them there is no precedent of any Member coming to the table to take and subscribe the Oath, who has not been allowed to do so, nor of any Member coming to the table and intimating expressly, or by necessary implication, that an oath would not, as an oath, be binding on his conscience. The present case is, therefore, one of first impression.

As to the right and jurisdiction of the House to refuse to allow the form of the Oath prescribed to be taken by duly elected Members to be taken by them, your Committee are of opinion that there is and must be an inherent power in the House to require that the law by which the proceedings of the House and of its Members in reference to the taking of the Parliamentary Oath is regulated, be duly observed. But this does not imply that there is any power in the House to interrogate any Member desirous to take the Oath of Allegiance upon any subject in connection with his religious belief, or as to the extent the Oath will bind his conscience; or that there is any power in the House to hear any evidence in relation to such matters.

And your Committee are of opinion that by and in making the claim to affirm, Mr. Bradlaugh voluntarily brought to the notice of the House that on several occasions he had been permitted in a Court of Justice to affirm, under the Evidence Amendment Acts, 1869 and 1870, in order to enable him to do which a Judge of the Court must have been satisfied that an Oath was not binding upon Mr. Bradlaugh's conscience; and, as he stated he had acted upon such decisions by repeatedly making the Affirmation in Courts of Justice; and, as above stated, nothing has appeared before your Committee to cause them to think Mr. Bradlaugh dissented from the correctness of such decisions, your Committee are of opinion that, under the circumstances, the compliance by Mr. Bradlaugh with the form used when an oath is taken would not be the taking of an Oath within the true meaning of the Statutes 29 Vict. c. 19. and 31 & 32 Vict. c. 72; and, therefore, that the House can, and in the opinion of your Committee ought, to prevent Mr. Bradlaugh going through this form.

But your Committee desire to point out to your Honorable House the position in which Mr. Bradlaugh will be placed if he is not allowed either to take the Oath or to affirm.

If the House of Commons prevent a duly elected Member from taking the Oath or Affirming, there is no power of reviewing or reversing that decision, however erroneous it may be in point of law.

But it appears to your Committee that if a Member should make and subscribe the Affirmation in place of taking and subscribing the Oath, it would be possible, by means of an action brought in the High Court of Justice, to test his legal right to make such Affirmation.

The Committee appointed to inquire into the law relating to the right of certain persons to affirm in effect recorded that Mr. Bradlaugh was not entitled by law to make the Affirmation.

But, from the fact that this Report was carried by the vote of the Chairman, thus showing a great division of opinion amongst the members of that Committee, the state of the law upon the subject cannot be regarded as satisfactorily determined. Under these circumstances it appears to your Committee that Mr. Bradlaugh should have an opportunity of having his statutory rights determined beyond doubt by being allowed to take the only step by which the legality of his making an Affirmation can be brought for decision before the High Court of Justice.

The House, by an exercise of its powers, can, doubtless, prevent Mr. Bradlaugh from obtaining such judicial decision; but your Committee deprecate that course.

Your Committee accordingly recommend that should Mr. Bradlaugh again seek to make and subscribe the Affirmation he be not prevented from so doing.

LIST OF WITNESSES.

SIR THOMAS ERSKINE MAY, K.C.B.

MR. CHARLES BRADLAUGH, M.P.

MR. CHARLES BRADLAUGH, M.P.

MINUTES OF EVIDENCE.

MEMBERS PRESENT:

Mr. Attorney General. Mr. John Bright. Mr. Childers. Sir Richard Cross. Mr. Gibson. Sir Gabriel Goldney. Mr. Grantham. Mr. Staveley Hill. Sir John Holker. Mr. Beresford Hope. Mr. Hopwood. Sir Henry Jackson. Lord Henry Lennox. Mr. Massey. Major Nolan. Mr. Pemberton. Mr. Serjeant Simon. Mr. Solicitor General. Mr. Trevelyan. Mr. Walpole. Mr. Whitbread. Mr. Watkin Williams.

The Right Honorable SPENCER HORATIO WALPOLE in the Chair.

Sir THOMAS ERSKINE MAY, K.C.B.; Examined.

Mr. BRADLAUGH: They are entered extremely curiously, and one can only take the decision. It begins on page 459, "Eligibility of the Attorney General," and it does not show there that it is Sir Francis Bacon: but I have learnt that by looking up the other records; and there being then a statutory declaration which lasted until a few years ago for all counsel, solicitors, and practising men of the law, it was objected that the King's Attorney General could not sit; it appears that he had to swear to his qualification, and the question of his oath and of his disqualification, being Attorney General, were put, and the House said, "Their oath, their own consciences to look into, not we to examine it," and they left him in the House, resolving that no future Attorney General should sit in it.

CHAIRMAN: That was the case which was raised as to whether the law officers of the Crown, who had for certain purposes seats in the House of Lords, had seats in the House of Commons.

Mr. CHARLES BRADLAUGH, a Member of the House; Examined:

The Committee deliberated.

The Committee deliberated.

Mr. ATTORNEY GENERAL: You will understand that I am not in any sense cross-examining you, but merely to clear up what took place in the House.

I am entirely in the hands of the Committee.

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