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

Next day, 28th July, and on 1st August, Bradlaugh argued before Justices Grove and Lindley his motion for a new trial on the question of time in the Clarke case. Finally (8th August), after a request from the Court for affidavits had been followed by an extremely improper step on the part of Newdegate's solicitor, who actually sent some affidavits privately to Mr Justice Grove's house, the Judges gave a rule nisi for a new trial on the ground urged. This rule could not be argued till November, and if it were then made absolute the new trial could not take place till after Christmas, so that Newdegate was once more intercepted. The criminal summonses, on the other hand, did not come on till 20th September, for reasons which will appear in the next section, and when heard were dismissed by the magistrate, Mr Vaughan.

"He was of opinion that complainant had not shown that the maintenance of which he complained came within the meaning of the statute. Though the statutes of Richard II. and Henry VIII. did undoubtedly refer to crimes and imprisonment for maintenance, still it was most singular that no indictment could be found for violation of these statutes. It seemed to him that the proceeding was an obsolete one, and that the criminal law ought not to have been invoked for a purpose of this description, when it was open to Mr Bradlaugh … to apply to the common law courts… Old statutes had been searched out in order that proceedings – which he could not help thinking had been taken to gratify a very unfriendly feeling on Mr Bradlaugh's part – might be instituted in the hope that Mr Newdegate would be committed for trial."

The licence of general criticism taken by our magistrates has seldom been more strikingly exemplified; and no one but a prejudiced magistrate, probably, would have had the assurance to condemn a litigant for "unfriendly feeling" towards a declared enemy who had wantonly and zealously sought to ruin him.156 The deliberate setting aside of the statutes as obsolete, too, while a civil action was admitted to lie, was an act of lenity to Mr Newdegate, contrasting favourably with the attitude of other judges towards Bradlaugh. But the fact that a civil action remained open was sufficient for Bradlaugh's purposes; and already Newdegate had begun to repent somewhat of his zeal. His costs were accumulating, and still the hoped-for prey was out of his reach. A circular was accordingly issued on his behalf by Captain Bedford Pim, who felt "strongly that Mr Newdegate, M.P., should not be allowed to suffer for his spirited and patriotic action against Atheism, and that some steps should be taken to bear him harmless in the struggle upon which he has so nobly entered."

§ 12

In the interval between the issuing and the hearing of the summonses for maintenance, something more serious had occurred. When the Government had in May decided to postpone their Oaths Bill, Bradlaugh, while acquiescing perforce in the delay, had renewed his platform agitation with redoubled energy, preparatory to forcing a fresh contest on the House if need were. The situation grew worse instead of better. Between 20th June and 4th July he had had a formal correspondence with Mr Gladstone on the subject. "You are aware," wrote Mr Gladstone, declining the request for an interview, "to how considerable an extent Liberal and public interests have been brought into prejudice by untrue suppositions as to communication between you and the Government." Bradlaugh answered by a detailed statement of his action, which had been guided by a desire to avoid embarrassing the Ministry; and Gladstone in reply acknowledged this; but later (28th June) intimated that they proposed to try to close the Session early in August, and they could not hope to carry any strongly controversial measure after the Land Bill. This intimation was made definite in a letter of 2nd July, and Bradlaugh was once more left to his own devices. He chose his course at once. First he addressed to the Speaker, under date 4th July, a formal letter, setting forth his contention as to the illegality of the House's action on 10th May. He was advised, among other things, that the excluding order of that date did not authorise the Sergeant-at-Arms to use force, and that the use of force to prevent his re-entry would be illegal.

"I beg therefore, sir," he went on, "most respectfully to give notice that I claim to disregard the order of the House, … and to treat the same as not requiring obedience from me, on the ground that such order is absolutely illegal… In the name of the law, sir, and of my constituents, I also most respectfully give notice that I shall, in the manner and at the time provided by the standing orders of the House, again present myself at the table of the House, to complete the fulfilment of the duty imposed on me by law."

On this declaration he set about acting. He had had no encouragement whatever to hope for justice save under pressure. Northcote, who had no moral motive for his action, was open to no moral appeal. To him Bradlaugh addressed a public letter (1st July 1881), which to-day needs neither adding to nor taking from. After a recital of the facts, it ran: —

"At first, though I disagreed with you, I thought you honest, for you had the repute of an honourable man, and you said that it was not from any desire to prevent my taking my seat, but from a desire to prevent the profanation of the oath, that you were prompted to act as you did. You had been present in the House when John Stuart Mill took the oath, and you raised no objection. You have been present in the House when other members, whose heresy is matter of common repute, took the oath, and you have rested silent. Yet I counted you a fair English gentleman, and I believed your word in any case. But now, from your speeches outside the House, I find that you claim to hinder me from sitting in Parliament, whether by complying with the law as it now stands, or by means of any change which may be proposed to meet your objection. At Manchester you justified your action on the ground that there was a general feeling in the country against me personally157 – a dangerous argument, even if it were well vouched. But how is this feeling to be tested? Nearly all the meetings called against me have been lamentable failures, despite the most ridiculous precautions. Almost every meeting called in my favour, and this whether or not I have been personally present, has been an enthusiastic success.

"And yet the very vilest means have been resorted to to damage me in the public mind. In your presence at Manchester, and without one word of rebuke from you, one distinguished and noble member of your party repeated against me some of the utter falsehoods of the Varley pamphlet, although I had given you in writing my distinct assurance of the untruthfulness of much of that pamphlet… To make a show against me, petitions have been sent round the country to hundreds of Sunday Schools, and little children by the score have been compelled to affix their signatures. Two petitions presented by yourself from Glasgow and York contain hundreds of signatures of lads and girls under twelve years of age. Orange Lodges, Roman Catholic organisations, and the machinery of the English Church Associations have been utilised to procure signatures."

Northcote replied: —

"I cannot admit that there is any foundation for the charge of illegality which you make against the House of Commons. But I must decline to enter into controversy with you upon the general subject of your case. I can only say that I have acted from a sense of public duty, and from no personal motives; and that I see no reason for doubting the propriety of the course which I have pursued."

But even those Liberal members who had voted on his side were for the most part quietly acquiescent in the injustice done, regarding a wrong to one "unpopular" man as a small matter. The only member who persistently protested was Mr Labouchere, for whose courage and constancy throughout the whole struggle no words of praise could be too high. In the circumstances there was nothing for it but to rouse the country, and this Bradlaugh did as only he could. It is difficult now to realise the enormous amount of energy he had to spend. While his cases were pending in the higher courts, he was doing three men's work outside. Thus in the week 18th to 24th July we find him spending three days fighting his case in the hot and crowded Court; holding three night meetings in London; attending a Freethinker's funeral (where the sight of the grief of the widow and children made him quite break down); speaking at a great demonstration of miners in the north; giving three lectures in South Shields; and holding a huge gathering in the Free Trade Hall in Manchester. He knew he was drawing terribly on a constitution which, though of a giant's strength, had for many years been doing giant's work; but he never flinched in a battle while he had any strength left. His plan was to evoke a clear expression of feeling on behalf of his claim in all the large towns, to hold a mass meeting in Trafalgar Square, and then again to present himself at the House; and if the House had been capable of looking at the issue half as reasonably as the constituencies did, it would have been promptly settled. Wherever Bradlaugh went, he got unanimous votes in his favour. At one stage he reckoned that out of a series of audiences amounting in numbers to 75,000, only two hands had been held up against his claim. It was wonderful to see how he swayed audiences against their own prejudices. He must have been listened to by thousands of men who disliked him and his opinions equally; but they simply could not resist the appeal for a just judgment. I well remember how, when he spoke in Edinburgh in 1881, he extorted a vote from a general audience there. The body of the hall was filled with middle-class citizens, few of whom had any sympathy with his propaganda, and many of whom must have strongly resented his "notoriety;" in the gallery were a number of Tory students, with the manners of their kind; and post-cards had been freely circulated with a view to an organised opposition. At the outset the students did their best, but Bradlaugh's voice rose easily above their din; a quick repartee or two to their interruptions turned the laugh against them, and soon he was quietly listened to.158 At the close he made the usual call for a show of hands on his claim. As one of the promoters of the meeting, I was interested in watching the manner of the response; and I can still see the respectable church-going shopkeepers slowly and as it were compulsorily raising their right hands at the call of the Atheist and Republican. Only some dozen, as far as I remember, voted "on the contrary." This was in an audience mainly unsympathetic. At Trafalgar Square, of course, he was in a dense army of enthusiastic supporters, including many delegates from provincial towns. The Dublin Freeman then, owned by Mr E. D. Gray, and the organ of Mr Parnell's party, intimated beforehand that "no large assembly can take place within a mile of Westminster Palace and the police will very summarily dispose of Mr Bradlaugh's ragged followers." The police made no such attempt; and it was well they did not, for the followers were neither ragged nor timorous, and their blood was not just then very cool.

This was on 2nd August; it was on the next day that Bradlaugh again presented himself at the House; and then occurred the crowning episode in the struggle – crowning alike in point of the dastardliness of the tactic employed against him and the desperation to which it momentarily moved him.

His unanswerable contention was that the House was bound to do something to settle the case. It ought either to declare his seat vacant or take some course to permit of his sitting. To keep an elected member out of his seat without disputing the validity of his election was a course which only a majority of professed lawbreakers could consistently take; and the resolution excluding him from the House was merely a puerile evasion by the majority of the legislative problem they had raised. When, however, Bradlaugh presented himself afresh, that puerile policy was adhered to, only in a fashion that developed puerility into brutality. The Liberal Government acquiescing in the vote of the majority, the matter was left to the police, who treated it as a police question, some of them behaving with that exuberance of insolence and ruffianism which they so often and so naturally bring to their task. Their way of seizing him angered him in a way in which he had never been angered before. A few extracts from the newspaper accounts of the time will suffice to tell what happened: —

"Mr Bradlaugh, after having waited till the Speaker had taken the chair, claimed admission to the House. He was in the first place opposed by the regular officials. 'I am here,' he said, 'in accordance with the orders of my constituents, the electors of Northampton; and any person who lays hands on me will do so at his peril!'" Attempting to enter the House, he was seized by the messengers, but their resistance being insufficient to overcome the force they roused him to use, the police were called upon. "It was said by Inspector Denning that four ordinary men certainly could not have expelled Mr Bradlaugh, and that the ten constables, all remarkable for strength and activity, who were engaged in forcing him down the lobby stairs, found their task far more arduous than they had expected." They had him by the throat, arms, and collar, and he had some of them in the same hold. "The strong, broad, heavy, powerful frame was hard to move, with its every nerve and muscle strained to resist… The sight, little of it as was seen from the outside, soon became sickening… An almost deathlike pallor had spread over Mr Bradlaugh's sternly-set features; he was gasping for breath, his body was bent, and he was in a state of exhaustion painful to see. His black frockcoat was much torn, his collar and shirt disarranged, and he himself in a condition of intense mental excitement and bodily prostration… The Trafalgar Square phrase that this man might be broken but not bent occurred to minds apprehensive at the present appearance of him… His face was deathly white, and there was about the mouth an expression of determination, which those who witnessed it cannot readily forget. Overborne by the desperate struggle, he fainted, but soon recovered when water was brought to him."

When Bradlaugh appeared at the door in the grasp of the police there was a cry of wrath from the assembled crowd, which told of a source of "force" that might conceivably be tapped. At another door Mrs Besant stood, at the head of a mass of followers, who, hearing vaguely of what was happening, were urgent in their demand to be let take the law in their own hands. A word from her, a word from him, would have sent the multitude headlong into the House. They were not a chance London mob: they included thousands of staunch working men from all parts of the country, who had attended the demonstration the day before. They were wroth with the callous iniquity that had been and was being worked by the majority inside. And Bradlaugh, standing bruised and shaken and insulted on the steps, hardly able to breathe, but with the fury of physical struggle still upon him, had a supreme temptation. In his first anger, alluding to the brute force used against him, he had said to Inspector Denning, "I shall come again with force enough to overcome it;" but he did not carry out his threat, though he might have done it on the instant. Had he but lifted his hand to beckon, the ten policemen would have been tossed aside like chaff by the host of his infuriated friends; the House could have been stormed, and his enemies could have been kicked wholesale into the river. With a supreme effort, he controlled himself, and forbade all outbreak; proceeding further to go through the form of trying again to enter the House, so that Inspector Denning should have to make a form of resistance, on which he might found an action. It was well. But it is believed that there are still some who, perfectly recognising the superiority of the course actually taken, can never wholly stifle, on retrospect, an obscure and unreasoned but haunting wish that the multitude had taken its own way, sacked the House, and thrown, if not the Speaker and his wig, at least Lord Randolph Churchill, and Sir Stafford Northcote, and Sir Henry Wolff, comrades three, into the Thames, that ancient river and unclean.

The picture as it stands is memorable enough. I have been told that James Thomson the poet, the estranged friend of Bradlaugh's youth, was among those at the gates; that he turned pale at the sight of the struggling group; and that his companions could hardly withhold him by force from rushing to his old comrade's help.

English gentlemen in general, of course, did not feel about the matter in that way. Bradlaugh told: —

"On Wednesday last I saw more than 150 members of the House of Commons gathered to witness, for the first time in English history, the cowardly and shameful use of overwhelming brute force in order to prevent a duly-elected member of that House from complying with the law. Most of these members seemed to enjoy the scene; one, Montague Scott, climbed to the top of a pillar, so that he might have a good (and safe) view; another, Alderman Fowler, actually followed to the very bottom of the stairs, encouraging with voice and gesture those who were using force against law. A few, a very few members, protested against this conduct towards one of their fellow-members."

Fowler had shouted "Kick him out." He afterwards denied doing so. Bradlaugh on this wrote: —

"I see that Alderman Fowler in his place in the House of Commons denies my statement. I can only say that it is quite impossible I can be mistaken, for I saw Alderman Fowler stand, occasionally making jeering gestures, for nearly ten minutes after this, within four or five feet from me while I was recovering from the exhausting effects of the struggle."

Others saw the same. Concerning Fowler it is not necessary to investigate: his denial may stand for what it is worth; but it is quite certain that scores of members had looked on gleefully. Such creatures can our "English gentlemen" become, under the inspiration of their religion and their politics.

Inside the House the matter was at once raised by Mr Labouchere, who moved as a matter of privilege that the resolution of 10th May only excluded Bradlaugh from the outer doors of the Chamber, and not from the lobbies, and that the officers of the House, in excluding him completely, had acted without authority. The Speaker stated that the officers had acted under his directions. Mr Gladstone lengthily argued that there were "three distinct grounds" on which it was to him "quite plain that the motion could not be sustained." Northcote naturally approved altogether of the Speaker's action. Sir Wilfred Lawson contrived, despite interruptions, to make a good fighting speech on the main question, under cover of a proposed amendment, which turned out to be a motion for the rescinding of the resolutions of 26th April and 10th May. Mr Cowen invited the Government to say whether they would reintroduce their Oaths Bill next session, but no response was given; and the discussion drifted on in the usual wasteful way. Mr Biggar observed that on personal grounds he was indisposed to vote on Bradlaugh's side in the matter, because Bradlaugh had voted for the expulsion of Irish members earlier in the year, but he would vote against it as a bad precedent. The level of the debate was raised by a dignified speech from Bright, who irregularly appealed to the Opposition to think of what they were doing; whereupon Lord John Manners' made the pragmatic reply that might have been expected from that feudal personage. On the moving of an amendment approving what had been done, Gladstone diffusely intimated that it would be out of order for him to answer Mr Cowen's appeal. After much talk a vote was taken, when 7 voted for Mr Labouchere's motion and 191 for the amendment, a number of Radicals walking out to avoid voting. To the amendment, put as a substantive resolution, Mr Ashton Dilke moved a fresh amendment asserting the need for legislation, but this was disallowed as irrelevant. Sir Wilfred Lawson tried another, which fared no better. Mr Callan rose to explain that whereas Mr Bright had described Bradlaugh as being reduced to a fainting condition, he had put one of the officers in a far worse condition by his grip of that officer's throat – a statement which, despite its source, was not wholly untrue. Finally the resolution approving the course taken was allowed to pass, whereupon Mr Labouchere gave notice that he would again raise the main question on going into Committee of Supply.

§ 13

Thus once more was the day of reckoning put off, the more decisively because an early result of the scuffle for Bradlaugh was a dangerous attack of erysipelas in the arm – the same arm which had suffered from the Tory bludgeons in 1878. He was able, indeed, though sorely shaken, to speak at the Hall of Science in the evening, when he appealed to his followers to avoid all violence. He was able to attend the law courts at Westminster on the 5th, when a House of Commons policeman, seeing him, fled indoors to give warning. On the same day Bradlaugh attended at the Westminster Police Court to apply to the magistrate, Mr D'Eyncourt, for a summons against Inspector Denning for the assault of the 3rd – not the ejection by the police, but the later formal resistance to Bradlaugh's entrance. This was a purely formal action, Bradlaugh having testified in his speech at the Hall of Science that Mr Denning personally had managed his unpleasant task with all possible consideration. The magistrate, laying significant stress on the action of the Speaker and of the House, declined even to grant the summons. One of his explanations was that "society has a right to protect itself against intrusion," and his tone throughout showed sufficient animus.

Having thus done what he could, Bradlaugh had to own himself disabled, and go to the seaside under medical treatment. On his arrival at Worthing, when he had wearily taken his place in the fly, a clergyman walked up, stared hard at him, and then said in a loud voice: "There's Bradlaugh; I hope they'll make it warm for him yet." The enemy in general behaved with their accustomed generosity. The Irish Times led the way with an intimation that he was malingering, stating further that the Irish members had opposed him because he "supported the Coercion Bill." The North Star repeated the charge of malingering with exuberant brutality. The St James's Gazette spoke of Bradlaugh as having behaved "like a drunken rough," further repeating the lie that he had "originally refused" to take the oath. Others rated him for his constant appearances in the law courts. The Standard, on being courteously asked to insert a letter correcting a misrepresentation, suppressed it. Liberals, professing to deprecate the course taken, yet palliated it; and Professor Thorold Rogers, among others, declared that nothing the House of Commons could do was illegal. The ministerial journals, of course, condemned him, telling him he had "lost friends" by his attempt. He was to sit still and wait till the Ministry should have the courage to make an Affirmation Bill a Cabinet question – a course which they refused from first to last to take, though it would at once have compelled their deserters to return to their allegiance. On this it may here suffice to say, once for all, that the justification given for Gladstone's course in the matter simply serves to show how low are the standards of our "Christian" statesmanship down to the present day. The justification is that Gladstone was bound to refrain from "compromising" his party by making the admission of the Atheist a Cabinet question. The good of the party must override the claims of justice. Mr Gladstone's memory is welcome to all the credit which such an argument will gain him from a posterity probably devoid of his sense of religious enlightenment. It will be a doubtful certificate of the foundations he claims for his morality, that while conscious of "bloodguiltiness" in the matter of the Transvaal, he declined to incur for conscience' sake the trivial and transient odium of having made justice to an Atheist a decisive demand as between him and certain of his followers. I am not here putting the opinion of Bradlaugh – whose chivalrous respect for Gladstone prevented him from passing any such criticism, whatever he may have thought in his heart – but laying down what seems to me the only doctrine worthy of conscientious democrats.