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

Incidentally, the Premier mentioned that the authority of Sir John Holker was with those who held that the House had no right to interfere; and he put to the Opposition, at some length, the plain logical outcome of their action, namely, that they were bound, in every case in which a member's opinions were known from any source to be irreligious, to refuse that member the oath. The argument was unanswerable; but it was not argument that was to be met. After a long debate the House divided, when 208 members voted for Northcote's motion, and only 175 against.

Then came another "scene." Bradlaugh came to the table and made his old protest: "The resolution of the House is against the law, and I respectfully refuse to withdraw." The Speaker, as before, asked for "instructions." Northcote asked Gladstone to propose something. Gladstone "left it to the majority to carry out their own vote." Northcote, after lecturing the Premier for dereliction of duty, moved "that Mr Bradlaugh be ordered to withdraw." Gladstone warmly demanded to know on what grounds he was lectured. Mr Labouchere interposed with a warning, and proposed to divide, but at the request of Mr Bright withdrew the motion. The Speaker again asked Bradlaugh to withdraw, and Bradlaugh again refused. The Sergeant-at-Arms was then called on to remove him, and did so in the former fashion, Bradlaugh returning from the bar to the table as before, protesting against physical force, and asking the House "not to put me to the indignity of a physical struggle." Again the Speaker "threw himself upon the House for instructions," and the House called for "Northcote" and "Gladstone"; but neither leader responded. A member asked whether Mr Bradlaugh had not already been ordered out. The Speaker helplessly explained that the order "only extended to the bar of the House and no further," on which Bradlaugh moved back to the bar and stood there. Northcote rose and feebly protested that he "was only prevented from moving that Mr Bradlaugh should be committed by the feeling that Mr Bradlaugh was encouraged by the Government in his resistance." Gladstone "entirely repudiated and repelled the statement," considered the accusation groundless and wanton, and called upon his right hon. antagonist to "point to the facts on which he has made so grave a charge to the House." Northcote suitably replied, and Gladstone again repudiated, intimating that he "should not take any steps in this matter until the time came when it appeared to him he could do it with advantage to the House." Thereupon Mr Cowen moved the adjournment of the House, which was eagerly agreed to. Only in that fashion was the House able for the time to get out of the ignoble dilemma in which it had been landed by a cowardly cabal of bigots and faction-fighters. Northcote did not dare again to move Bradlaugh's committal, but did not dare to confess it; and there was nothing to do but run away.

Next day, however, the trouble began afresh. Bradlaugh again presented himself, and was once more removed to the bar, where he stood as before. Mr Labouchere now asked whether the Government would give facilities for the Affirmation Bill he had introduced last session; and Gladstone in his lengthiest manner evolved the answer that it would depend on whether the Bill was to be opposed. Mr Labouchere and others passed on the appeal to Northcote as directly as the forms of the House permitted; and Northcote, as lengthily as Gladstone, made answer to the effect that "a measure of the kind" would have his "careful consideration," but he could agree to nothing "in the nature of a bargain." The truth was, of course, that Northcote could not answer for his more unscrupulous followers, but dared not admit as much; so the debate went on in the diffusest House-of-Commons manner. After a long speech from Bright, Mr Hubbard, losing patience, and having no judgment to lose, asked "What use were the police, or officers of the House, if they could not protect the House from the intrusion of people who had no business there?" No answer being vouchsafed from the deaf heavens, Mr Walter pompously explained that in his opinion Mr Bradlaugh ought to be allowed to affirm, but that no unbeliever ought ever to be allowed to take the oath. "It was idle to say the House had not official cognisance of the fact that the hon. gentleman belonged to a sect which did not believe in the existence of God." Another long speech from Gladstone left the situation unchanged. Mr Newdegate intimated that if neither leader moved the arrest of Mr Bradlaugh, he would, if necessary, do it himself. Still the debate rolled on. Mr Chaplin admitted that Bradlaugh while in the House "had acted with great ability and great moderation," but then he had "openly avowed," etc., so they could not stand by, etc. They commenced their proceedings with prayer, and invoked the aid of the Supreme Being to guide them in their labours. On the obvious efficacy of the appeal, Mr Chaplin did not dwell. A dozen more speakers followed, some of them – as Alderman Fowler and Mr Warton – declaring that they would oppose any bill; while one Maciver intimated that he "intended on Thursday to ask the Prime Minister whether he would introduce a short measure for the partial disfranchisement of Northampton." At length, on no assurance from Northcote, but simply on a favourable expression of feeling from Sir Walter Barttelot, Mr Labouchere's motion for the adjournment of the House, under cover of which the whole long-drawn discussion had taken place, was by leave withdrawn; and Bradlaugh withdrew to await the action of the Government.

On the 29th April Gladstone did announce the intention of the Ministry to introduce an Affirmation Bill, whereupon Lord Randolph Churchill announced his intention to oppose it; and the early stages of the measure were systematically hampered. Bradlaugh published in his journal an "Appeal to the People," in which he asked them to "speak out clearly, distinctly, thoroughly, and at once on this issue;" and he again held a great town's meeting at Northampton. After a long and brilliant speech, ending with the words, "In this struggle some one must recede, some one must bend, some one must break. This I do pledge myself, that if health do keep, and life do hold, I will never give way," there was a loud tempest of applause, at the close of which he rose again and asked the audience, "Have you still confidence in me?" and "Will you stand by me in this fight?" Every hand went up to both questions with fresh storms of cheering, and Bradlaugh answered "Then on my honour, if I live, we will win."

The House, however, did not mend its ways. On 2nd May Gladstone moved that the other Orders of the Day be postponed for the Oaths Bill, and Churchill opened the debate with a vulgar and violent harangue, which ended with a hope that the Tories would "give no facilities for placing in that House brazen Atheism and rampant disloyalty." Several followed suit; and Northcote, seeing his followers leading him as usual, made one of his flabby speeches in deprecation of anything like speedy action in the matter. The measure must be discussed "upon its own merits, and not with reference to the circumstances and position of any given individual;" and there must be no "semblance of hurry for the purpose of avoiding a scandalous scene." In fine, there should be no alacrity. Gladstone extensively assented, agreeing to allow an interval after the introduction of the Bill; but a number of Tories threw over their leader, and one Lewis moved the adjournment of the debate. This failing, the Home Rulers raised a dispute on procedure, whereafter the Attorney-General, Sir Henry James, introduced the Bill. In the course of his speech Sir Henry cited the admission of Northcote to the effect that he did not object to Bradlaugh sitting in the House, but to his taking the oath. The unhappy Northcote, pressed on all sides, made the pitiful explanation that when he said so he only wanted to raise the point of the oath; but he did not now wish to be understood as having no objection to Bradlaugh's presence in the House.

Adjourned till Friday the 6th May, the debate was then proposed to be postponed till the 10th, whereupon Mr A. J. Balfour – who now for the first time interposed in the controversy within the House – objected to the Government's course as being taken "not to give relief to any large class of Her Majesty's subjects, but to deal with an individual." Sir Richard Cross, who was reminded that he had admitted there was no way out of the difficulty save by legislation, granted that he was of that opinion, but avowed that he would all the same oppose any attempt to give facilities for Bradlaugh's admission. On a division on the amendment the Government had only a majority of 6 votes – 128 to 122. On their motion being put substantively, a new discussion arose, the Tories moving the adjournment of the debate. Bright made an impressive speech, in which he "ventured to say that if the Bill were passed there were scores of members who would prefer to make an affirmation," but obstructive speaking went on, Mr T. P. O'Connor, among others, ridiculing Bright's speech, and charging him with having "insulted the religious feeling of the Irish people" earlier in the evening. After hours of time had been spent, the Government, at three o'clock in the morning, agreed to the adjournment; but on Tuesday morning, when the question was raised after one A.M., the obstruction was continued on precisely the same lines, and the ministry gave up their plan of a "morning" (i. e. afternoon) sitting. Lord Henry Lennox's principle of "putting that damned Bradlaugh on them" was now felt by his party to be an inspiration worthy of the common cause. Bradlaugh's admission stood indefinitely adjourned, so far as the Government were concerned. But they had still to reckon with Bradlaugh himself.

Giving due notice, he presented himself at the House next day, and the now customary scene was enacted. The Speaker made his usual appeal, and Sir Stafford Northcote moved "that the Sergeant-at-Arms do remove Mr Bradlaugh from the House until he shall engage not to further disturb the proceedings of the House." On challenge, he explained that by this he meant that Bradlaugh should "not come within the door kept by the doorkeepers." To this motion Gladstone agreed, asking his followers to do likewise. It "relieved the Government," as the journals noted at the time, "of the necessity for pushing on the Parliamentary Oaths Bill."

Bradlaugh for his part decided not to renew his attempt until the Irish Land Bill had got through the House. So much consideration he thought the Government were entitled to, and no amount of injustice from Irishmen could induce him to put in jeopardy a measure of justice to Ireland. On this decision he promised the Sergeant-at-Arms not to attempt any forcible entry of the House without giving him full notice.

§ 10

Meanwhile the battle of opinion went on outside the House. It was noticed at the time, as a significant fact, that in the newspaper war on the subject nearly every attack on Bradlaugh was anonymous, or signed with initials, while nearly every defence of him was signed. His friends fought for him with his own spirit. A "League for the Defence of Constitutional Rights" was founded in his support; and an "anti-Atheistic Committee" was formed on the other side, with an office in the Strand, and with the name of Sir Bartle Frere figuring in its propaganda. On this Bradlaugh struck out as he seldom did. "At least very shame," he said, "should have made Sir Bartle Frere hesitate before he paraded his blood-and-shame-stained name in a crusade against me." The "anti" Committee held a ticket meeting in Exeter Hall, at which a Secularist who had a platform ticket learned from a member of the Committee, a magistrate, that the Committee had engaged for the evening six prize-fighters, with instructions to "stop the mouths of Mr Bradlaugh's friends with their fists." The meeting was presided over by Earl Percy, and among the speakers was the Varley before mentioned. "Bradlaugh's friends" filled the street outside and carried counter resolutions. Indoors the promoters had the services of the police in tearing up the tickets of any comers who were pointed out to them as Freethinkers, and in ejecting the presenters; while disorder was created by the further ejection from the platform of a number of Freethinkers who had gone thither with proper tickets.151 No less than two hundred policemen had been supplied by the Home Office. After this naturally there was some disturbance. According to Canon Taylor, one of the speakers, "for an hour and a half it was scarcely possible for the different speakers to get a hearing, except a few sentences at a time; and when 'God save the Queen' was sung the Atheists in every possible way showed their disloyalty." The resolution of the promoters was declared carried; but the Rev. Canon "was alarmed to see such a large minority, extending from beneath the platform to the other end of that large hall, composed of men and, he was grieved to say, women." (The boys present, it may be inferred, belonged to the Young Men's Christian Association.) And this alarmingly large minority, when the "contrary" vote was taken, "rose with the greatest possible manifestations of dissent, and with the waving of handkerchiefs." Quite a number of similar meetings in the provinces failed more or less badly. On the other hand, Bradlaugh in person held crowded meetings, free to all, in many towns, getting an ovation everywhere, in addition to which scores of resolutions and petitions in his favour were sent to the House by Liberal and Radical clubs. A mass meeting held at St James's Hall under the auspices of the Constitutional Rights League, finally, was packed to the door. Among the speakers were three clergymen, one belonging to the Church of England, Admiral Maxse, and Mr Labouchere; and no dissentient vote was given on the resolutions in Bradlaugh's favour. One of the Nonconformist ministers who spoke, the Rev. Mr Sharman, told how Plymouth Liberals had sent to Northcote the telegram: "We protest against your effort to deprive Northampton of one-half of its representation as being revolution in the name of Conservatism and robbery in the name of religion." The Rev. Stewart Headlam said of Bradlaugh: —

"I know the great work he has done in the east of London for the moral condition of the people. I know how he has got hold of hundreds of people whom we clergy have been utterly unable to reach; and … I am certain that the work he has done in the east of London has been of the greatest moral use for the elevation of the people."

Bradlaugh, on his own part, paid one of his many tributes to Gladstone.

Of this meeting no report appeared in the leading Liberal paper, the Daily News, then understood to be mainly owned by Mr Samuel Morley, before mentioned. This was unhappily not the only instance of a Liberal journal perverted by private motives to the side of bigotry in Bradlaugh's case. Mr Joseph Cowen, M.P., owner of the Newcastle Daily Chronicle, who had long been on friendly terms with him, and who had volunteered the expression of approval of Bradlaugh's action when he was imprisoned in the Clock Tower, now took the line of charging him with inconsistency in proposing to take the oath, though it was for trying to take the oath in the previous session that he had been imprisoned. And Mr John Morley, then editing the Pall Mall Gazette, not only gave prominence in that journal to utterances hostile to Bradlaugh, such as that of Mr Holyoake, but suppressed letters in his favour, even when sent by a literary man of good standing like Mr Moncure Conway. Mr Morley, while of course condemning the Tory tactics, now blamed Bradlaugh for proposing to take the oath at all, though he had before spoken of him as "parading his views," and though, when he previously accused him of first "declining" the oath and then asking to take it, he had not condemned oath-taking by an unbeliever. Bradlaugh pointed out that voluntary abstention from taking the oath would have made his seat void in law, to which the Gazette editorially answered by expressing its confidence that if Bradlangh had simply refused to take the oath, the House would not have dreamt of unseating him on that score. On the strength of that conviction the Gazette editor wrote:152—

"We have not concealed our opinion that Mr Bradlaugh would have consulted his own dignity by refusing to take the oath, and fighting out an issue which could only have one end." And again:153 "The national belief in the existence of a Deity will not be lessened by the fact that Mr Bradlaugh and men like him are no longer called upon to use a form which in their lips is an indecent piece of mockery."

When later elected himself, Mr Morley made no attempt to act on the rule he had thus laid down or caused to be laid down for another man.

It is a curious and a melancholy illustration of the instability of human character that while Mr Morley was partly playing into the hands of the spirit of injustice, Mr Goldwin Smith, who now wears its livery, was emphatic on the other side. He thus wrote in his Toronto journal, the Bystander, in April 1881: —

"To the shame of British civilisation and religion, the attack upon Mr Bradlaugh and upon the civil rights of his constituents goes on, and has been technically successful in a court of law. The ringleaders are scamps, putting forward religion as a pretext for political persecution. It is Sandwich over again denouncing Wilkes for impiety. Set a coronet on Mr Bradlaugh's head, give him a large fortune, make him a Tory in politics, and though he were the most offensive of Atheists, and the most profligate of debauchees to boot, he would have these crusaders at his feet… If Parliament allows a fine to be levied on Mr Bradlaugh for taking the seat to which he had been duly elected it will undergo a far greater disgrace than any that can be inflicted upon it by obstruction."

Doubtless Mr Goldwin Smith, writing in Canada, did not feel the burden which weighed on Liberal respectability at home, the more so as he had never professed himself a rationalist.

§ 11

The lawsuit raised by Clarke on behalf of Mr Newdegate still went on its difficult way, Bradlaugh fighting it inch by inch and point by point. On 2nd May 1881 he argued before the Lords Justices of Appeal a point on which he had previously been stopped, and on which no judgment had been given. This was as to the validity of the "replication," in which Bradlaugh argued that, as he had actually made affirmation, he could not properly be sued (as he had been) for sitting and voting without taking the oath. The judges ruled that as he was not in their opinion entitled to affirm, the fact of his affirming was not a valid answer. Defeated here, Bradlaugh decided next to endeavour to overthrow the action on what he described as a pure technicality, the argument that, as the writ was dated 2nd July 1880, and the vote sued on had been given on that day, the action had been brought too early, "for that the writ must be held to have been tested at the earliest possible moment of the 2nd of July, and therefore prior to the sitting and voting for which the penalty is claimed." This point was raised on 16th and 17th May before Lord Chief Justice Coleridge and Mr Bowen, on Clarke's counsel moving for judgment, and Bradlaugh advanced a long and learned argument on the point. Judgment was delayed, and the legal point was tried on 20th and 21st June, before Justice Denman and Watkin Williams, on the plaintiff's amended statement, Bradlaugh demurring. His demurrer was overruled, Justice Denman admitting that the point raised was "true as a general rule of law," but not applicable to this case; and his lordship gave this singular reason: "For a legal fiction is for the purpose of doing justice, not for defeating it." It was not suggested that justice was being done in the case in hand; but if Bradlaugh's argument were to hold good, it might be defeated in somebody else's case. "No rule of law," said Justice Watkin Williams concurring, "compels us so to violate common sense and plain understanding," another decision worth remembering in the present connection. Bradlaugh drily wrote in his journal: "I think the decision of Justices Denman and Watkin Williams is in accordance with common sense, but I do not think it is consonant with common law." He added: "I shall, of course, appeal against the decision. The next step will probably be the trial at Nisi Prius" – that was, the trial of the matter of fact as to the exact hour of issuing the writ, which had still to be proved by oral evidence before a jury.

That trial took place before Mr Justice Grove and a special jury, in the Queen's Bench Division, on 19th, 20th, and 22nd July; and the cross-examination of witnesses by Bradlaugh elicited, for one thing, that Newdegate was the financial backer of Clarke's action, and, for the rest, that the evidence of Newdegate and his principal witnesses on the question of the time of issue of the writ was rather worse than worthless. Newdegate had a very bad time of it in the witness-box, and the verbatim report of his cross-examination154 may be recommended to legal students as illustrating the value of the testimony of an English gentleman and magistrate who believes devoutly in God, and holds that no unbeliever can be believed. A worse appearance has seldom been made in the witness-box by a man of standing; and in the case in question it was only surpassed in importance by the exhibition made by Newdegate's principal legal witness – a gentleman who was proved to have expressed his surprise that another legal gentleman should consent to give evidence for "a man like Bradlaugh." The whole report is a singularly dramatic comment on the proposition that oaths secure truthful evidence. Probably no competent and unbiassed person who now reads it will have any difficulty in concluding that the writ had actually been taken out at least an hour before Bradlaugh had given the vote on which it proceeded, and that at least three witnesses swore to falsehoods. Bradlaugh categorically asserted in Court that Newdegate had lied; and Newdegate's evidence was hardly the worst.

The facts of the case may now be historically stated with tolerable confidence. Newdegate had been afraid that a friendly action would be brought against Bradlaugh, in which case Bradlaugh would not have to meet the £500 penalty. Newdegate desired that Bradlaugh should be mulcted; and he had actually been indecent enough to block the Bill of Indemnity introduced on Bradlaugh's behalf by Mr Labouchere. Nay more, in opposing the motion that Bradlaugh be permitted to sit on affirmation, he had argued that it was beneath the dignity of the House to lay a trap for a man and leave him to be caught in it by any one who cared to prosecute. Yet after saying this, he gave a bond of indemnity to Clarke, the common informer, for suing Bradlaugh; and he had apparently selected Clarke – a nondescript person, sometimes called a surveyor, sometimes an accountant, but professionally neither – because, having little or no means, he could not be made to pay costs in case of Bradlaugh winning the action.155 Such a litigant would not stick at trifles. In concert with his legal advisers, Newdegate, to forestall the friendly action, had the writ ready for serving before Bradlaugh had voted. This, at least, seems to be pretty clearly revealed by the extraordinary prevarications of Newdegate and his witnesses.

The case ended oddly. The jury, after being locked up for nearly an hour, intimated that they were not likely to agree; and the judge asked whether a majority verdict would be accepted. Bradlaugh offered to do so, but Newdegate's counsel declined. After nearly an hour more, however, the jury agreed on their verdict; and it was for the plaintiff, Clarke. It was understood that they had agreed to give their verdict by majority. Bradlaugh tersely remarked in his journal: "The ultimate verdict a little disappointed me: I had thought that I had won." Certainly the judge's summing-up had seemed to be in his favour.

As usual, he appealed. Like Ben Bolt in the novel, he was "bad to beat." He appealed for a new trial, on the ground that the verdict was "against the weight of the evidence." But that was not all. Newdegate, having confessed giving a bond of indemnity to Clarke, had laid himself open to a return action, under a form of law, for the offence of "maintenance;" so on 27th July Bradlaugh accompanied Mr (now Sir) George Lewis, the famous solicitor, to Bow Street Police Court, where Mr Lewis moved for a summons against Newdegate, and another against his solicitor as accessory. The magistrate, Mr Flowers, was somewhat taken aback. "Is it not rather – " he began. "Yes," said Mr Lewis promptly; "and so is the action against Mr Bradlaugh. Mr Newdegate asks for strict law against Mr Bradlaugh, who now asks in return that strict law may also be enforced against Mr Newdegate." The summonses were granted.