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AP]^#185 2.] :l g| LEA0EK. 391 ' ¦ ' . ¦...
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RAILWAY AGB^SBABLBNESS. The Tiaily News ...
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MISCELLANEOUS. A memorial from a number ...
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Transcript
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Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.
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The Great Hebrew Oath Case. Judgment In ...
condition with regard to otflaaftom Pff <** ^ J **< $ mom deximinatiow , and that the Jesuits taught that the PoW had power to giant ahsblxitioa from oaths , and that the Roman Catholics themselves made these parliamentary ™ rtis With mental evasions and secret reservations , which ^ Xupidtoiave the effect of lni « ifving ifceir objigation and the conclusion , of the oath , ^ expressly directed aeainst this supposed state of things . Now , Jews were n & t then resident in the kingdom * bo that it-is clear that the words " upon the true feith of a Christian" were not inserted with any hostile objects towards them ; and the statute expiesjiy declares that the oath was imposed " for the better trial of the loyalty and obedience of his Majesty ' s Biibiects ; " and it is perfectly obvious to my mind . that the
words were introduced mto the patn , not as a test of Christianity , but in order the n > ore effectually to bind and affect the conscience of Eoman Catholics . They were , according to their then and present opinion , the most perfect Christians , and I think these words were added in order to create the most sacred and binding obligation upon them , and for no other purpose .. The Jews were never thought Of , arid , indeed , the legislature , in all proba bility ; never conteinp ' lated that there were any subjects of the kingdom who ; were not Christians , At the time when the oath of abjuration was passed , Jews were Hying in E ngland iii very considerable numbers , and in common ¦ wi th the other subjects , of the realm , were liable to be railed on to take the oath , and their neglect or refusal to
take it subjected them to penalties . Now , to permit a Jew to make—much more to insist upon-his making—an oath " upon the truefaith of a Christian , " seemsto ine to be absurd . If , however , it was intended by the Legisla--ture that these words should be of the substance and essence of the Oath , and that no on © except a Christian should be admissible to take it , it was undoubtedly competent for them so to enact , and the oath could not be lawfully taken except they were used ; but I think that there was no fnich intention . We are called bio . to interpret highly penal statutes / and they should receive a liberal construction . For a Jew "tvho refuses to use the words " upon the true faith of a Christian , " which are notat all applicable to him ; and which if used by him would render the oath null and absurd , if not worses-is , by such refusal ,
incapable of suinff either at law or in equity , to be guardian of his own chSdren , to be confined witbiii the limits of five miles from his home , to be incapable of keeping arms for hisi defence , or of having jjrbpeflre- bequeathed to him , and , at the discretion or caprice of four justices of the peace / to be liable to be banished , and in the event of his returning to the kingdom , without the leave of the Crown , to suffer death as a felon . I think I best carry out the intention of the Legislature , and give the true legal construction to the statute , by holding the legal form of administering the oath to a Jew is to oifiit these words , and that ~ I thereby render the statute more effective by suppressing the inisr chief and ftdvancirig the remedy contemplated by it . For these reasons I am of opinion that the defendant lawfully took the oath and is entitled to the judgment Of the court .
Mb . BaboU" AtDEBSbir said , a Jew is to be sworn upon the Book of the Law , and with his head covered ; a Brahmin b y the mode prescribed by his peculiar faith ; a Chinese by his special ceremonies , and the like . But it is also clear , that in the case of oaths of office or of qualification , where the very form of the oath is prescribed by the Legislature , the directions of the Legislature must be literally followed , and the oath must and can only lawfully be taken in the prescribed form , until that form be altered by the same authority which appointed it . The question , therefore , here is , has the Legislature required the oath of abjuration to be taken in a prescribed form , and are the words " on the true faith of a Christian" a part of that prescribed form ? In 1739 an act was passed to relieve the
Jews from the necessity of using this phrase in certain cases—but tho oath of abjuration was not one of the exceptions . It must , therefore , have been the intention of the Legislature that they should use these words . And this act was passed in 1739 , when Lord ffardwicko was Chancollor , and Sir Dudley Ryder and Sir John Strange were Attorney and Solicitor Generals , and the acts of 9 th andlOfch George I . were passed when Lord Macclesfield was Chancellor , and Lord Raymond and Lord Hardwicke respectively Attorney and Solicitor-General . But it isnow said that these acts wore wholly unnecessary , and that those great lawyers ought to have known it ; and we are now , in the year or the Lor d 1852 , to awake from a sloop into which these groat lawyers and the whole Legislature of those periods foil ,
t » * n whfck a « persons ever since have remained , from 1739 down to tho timo of this arguinont . For within our time those words have been left out of the oath in tho case of the Jews , in the apt passed by the present Chief Justice of tho Queen ' s Bench . I cannot , therefore , boliovo this to boa reasonable conclusion . I think , therefore , that the oath is not taken at all if those words are <> mittod by the person ewoaring , and that Mr . Salomons "as therefore voted without previously taking tho oath of abjuration . I do moBt Bincerely regret that I am obligod , as a moro expounder of tho law , to come to tliis conclusion : for I do not boliovo that the cauo of the Jows was at all thought of by tho Legislature when they framed those provision s . I think tW , ifc would hn mnra wnrfchv of this
country to exclude the Jows from those privileges ( if they nro to bo o xoludod at all , as to which I say nothing ) by somo direct' enactment , and not merely by . the oasual operation of a clauso intended apparently in its objeot and «« gm to . apply to a very , differont class of tho Bubjocts of -knfjland ; I rogrot also that tho consequences ore bo H 0 " » mvolying di & obilitioa of tho most fearful kind , in addition , to tho penalty sought to bo in this action reco vered , and , in' & ct , making Mr . Salomojns for the future winost an outlaw . It is to- bo hoped tluit somo remedy wm bo provided for thouo consequences , at lgost , by tho ^ ogiBlaturo . My duty is , however , plain . It is to ex-Pound , not to make , tho law ; to decide on it as I find itnot as I may wish ifc to bo . It sooms to me that tho law u / , Po » nt is quit © clear , and that tho judgment muit » o for tho plaintiff .
Mr . BAitpjr Pabke . — "We must construe these acts without allowing ourselvesf to be influenced by any of the political feelings of the present day , as to the proper policy to be pursued with respect to her Majesty ' s subjects professing the Jewish faith . Looking at these provisions in a judicial spirit , which we are bound to do , how can we say that it is a flagrant violation of natural justice , and a manifest wrongs to make a provision which has the effect of preventing all but Christians from being members of the legislature of a Christian country ? Whether it is a politic measure or not to exclude them is not within our province to inquire ; anditjwould be very wrong in us to offer or even to hint any opinion . There is no reason ,
therefore , on the ground of inconsistency , to modify or alter the language of the oath in the case of members of the legislature , which alone is the present question . It is a fallacy to argue , that because the immediate Object of the legislature was to Rive a more binding effect to a Christian oath , not to exclude the Jews and others than Christians , therefore they meant all such to be admitted , , consequently , that the terms Of the oath ought to be modified so as to carry that object into effect , and to admit all not of the Christian faith to take the oath in a form binding on their consciences . Nothing was further from the contemplation of the legislature . The truth is , they never supposed that any but Christians would form a part of
dither House of Parliament . The possibility that persons of the Jewish persuasion should be peers , or be elected members of Parliament , probably entered into their contemplation as little as that of Mahomedans or Pagans being placed in either category . In enacting a provision aimed at a peculiar class only of Christians , the legislature have , in the most positive terms , required an oath fr om every member of the legislature which none but a Christian can take ; and this enactment must lave the effect of closing both Houses of Parliament against every one but a Christian . To alter such strong words the clearest proof must be required of the intention of the legislature to allow all who were not Christians to be admitted . No statute appears to continue the 10 th Geo . I .
c . 4 < , with respect to Jews , or to have any bearing upon the present question . Nor does the statute 1 st and 2 nd , c . 105 , the act ' to relieve doubts as to the validity of oaths , affect the present case . If the words in question were only the mode of administering the oath , the statute could have that effect , because the oath was administered in a form and with ceTemonieV which the defendant declared to be binding . But if this forms part of the statutes themselves ^ tue statute has the application , and lam clearly of opinion that they form part of the matter to be sworn to ; that i $ > pai ; fc of tlio oa £ h itself , I , therefore , am clearly of Opinion that our judgment must be for the plaintiff .
Sib F . PotEOCK , C . B . —A judicial oath ( for justice is of all countries and climes ) is governed by the law of nations ; but an oath of office or qualification is governed by the niunicipal l aws of the state which requires it to be taken , and by those laws alone . If a man cannot obey the lnunicipal laws of the country in which ho resides , he is at perfect libe rty to quit it . It may be a very sound reason for altering tho law , by a competent authority , but wo are not justified in substituting another law in its place . According to the view of my brother Martin , it never was necessary to pass any act to relieve tho Jews in respect of the registration of their names : "but for every not onlfor
purpose whatever it . was competent y a Jew , a Turk , a Hindoo , a Pagan , or any other , if , by accident , ho were born in the realm , to take the abjuration oath , omitting tho words , " the truo faith of a Christian , " and to b * e elected and take his seat as a member of Parliament . With these acts before me , and with the legislative commentary on them , which the last statutes of tho 13 th George IL , chap . 7 , furnish , I think , wo are not as judges ( living though wo do in a more enlightened and liberal ago ) to be liberal above what is written , or by any method of con struction when the statutes distinctly , expressly , and imperatively , requiro ono form to substitute another as cqivalent for tho object , or purpose of tho
Legislature , when every one acquainted with our history and tho course of our legislation must in candour acknowledge that in any part of tho roign of George I ., Goorge _ II ., or tho early part of George III ., it was the furthest from tho intention of tho Legislature to admit into tho House of Commons porsons of the Jewish religion . Tho languago used appeal's to mo to bo so clear , so distinct , so oxpross , and stringent , as to exclude a relaxed ( and what may be called a liberal ) construction by judges , quite as much as it ia intended to guard against a mental reservation by thoeo who think that the ofloct of an oath can honestly bo so ovoded . On those grounds I agroo with my brothers Parke and Aldorson that our judgment ought to bo for the plaintiff , and tho judgmont of tho Court is , thoreforo , for the plaintiff .
Ifc is stated , that a writ of error is boing proHocufcod for tho purpose of obtaining tho decision of tho highest judicial tribunal in fcho kingdom upon tho important question recently decided by tho Court of Exchequer . Mr . Salomons has again addressed tho doctors of Greenwich : — " By tho torms of tho decision , " miyfl Mr . Salomons , " I have bocomo a popish recusant convict ! Will tho pooplo of England , will tho constituonoioo of tho orapiro , permit , euoh a perversion of justico as tins very name implies P If tho ( right of private judgmonfc and tho freo oxorciso of conscience < iro to bo domed to any British
subject , lot this bo plainly stated . Lot England openly become liko thpso despotic countries of Europe in which it is a part of their written law that reli g ious disabilities should urovaiV but do not lot us , by a stringont construO tion of statutes almost obsolete , virtually enact disqualifying l < iwa , utterly and entirely opposed to tho spirit of the ago , and to tho constitution under which w / o have the happiness , to live—a constitution which ia tho prido and protection of ovory man born on British soil , and which never abridgod tho liberty of tho subject unloaa it woro nopoBBiuy for tho safety pi tho State-. "
Ap]^#185 2.] :L G| Lea0ek. 391 ' ¦ ' . ¦...
AP ]^ # 185 2 . ] : l g | LEA 0 EK . 391 ' ¦ ' . ¦ " ¦ ' ' ' ' Lll ^_^—^_!______!___^_^_ 1 TJ—!— . _ i -. ^ i ' ¦ ' - 1 " ' _ .. ...., •¦ ,.. 1 ¦ ... I . '¦ 1 . i-i I ... T" '¦ ¦¦ -- - 1 ^ _ LL 1 ^ ; ; LLUJLll-lSl ^^ L—^^— - ^—¦^^^^—i—i—*——
Railway Agb^Sbablbness. The Tiaily News ...
RAILWAY AGB ^ SBABLBNESS . The Tiaily News on this topic observes—The most extraordinary improvements are daily made in . all arts- ' —and in particular in the art of " making things pleasant" at meetings of railway shareholders . It was thought a year or two ago that Mr . George Hudson had impartedto this art the last finish of Syhich it was susceptible ; but tho directors of the Birmingham and Shrewsbury Bailway Company have fairly distanced the railway king . \ At n the half-yearly meeting recently held , a large bundle of proxies on the table caught the eyes of Mr . ( reach , M . P ., who asked whether the directors intended to use them , and was answered " Yes . " Mr . Geach remarked that the proxies represented moro votes than were present at the meeting . The cost of issuing these proxies was charged ' aeaiiist the company , under the appropriate designation of extraordinary expenses . But the precautions of the directors did not stop here , They sent free passes to certain shareholders , to enable them to be present at the
meeting , and not to others . When asked why this partial issue of free passes had been made , they replied that any other shareholders might have had them , for applying . But why send them to some and withhold them from others ? The dissentients from the directorial policy declared explicitly that free passes had been sent to those only who it was known would vote with the directors . As only one holder of a free pass opposed to them was named at the meeting , this charge may be held to be substantiated . It appears , therefore , that the meeting was packed by enabling the supporters of the directors ( and them only ) to travel to it free of expense ; and that the directors , reluctant to face even a packed meeting , had collected proxies out-numbering the votes present . After such preparations ifc is needless to add that " all things were made pleasant , " at least to the directors , and in so far as tho votes of the meeting are concerned .
Miscellaneous. A Memorial From A Number ...
MISCELLANEOUS . A memorial from a number of country publishers waa forwarded , on Saturday last , by Mr . W . Williams , M . Pfor Lambeth , to the Chancellor of the Exchequer , stating that they had been illegall y interfered with by the Stampoffice , and praying for compensation . Mr . B . R . R . Moore , the Anti-corn-law lecturer , so well known for his triplicate initials , is out on his former mission . Warringtori , Carlisle , Lancaster , York , and other places , hav # already been visited by him . Mr . Hume has obtained a verY , interesting return to the Houee of Conana . ork 8 ^ showing- the number of passenger ships which have sailed from ports in the United Kingdom with emigrants on board , during the hist five years , distinguishing the ports under the superintendence of an
emigration office , and showing the number of such snips which have been wrecked , or destroyed at sea , and the number of lives so lost . It appears that from 1847 to 1851 , inclusive , the number of emigrant vessels that sailed from ports in the United Kingdom was 7129 , of which 252 were chartered by the Colonial Land and Emigration Commissioners , of which there was only one wreck . The per centago of loss was ' 396 , or 1 in 252 . Of ships despatched from ports under the superintendence of Government emigration offices , there were 5 , 964 , out of which there were 30 wrcckB , and the per contage of loss was * 503 , or 1 in 199 . There were 913 despatched from ports not
under the superintendence of Government emigration offices , of which there were 13 wrecks , and the loss was 1 * 42 per centago , or 1 in 70 . In the 7129 ships which sailed in the five years , there were 1 , 494 , 044 passengers . Tho number of lives lost by sliipwreck was 1043 . The percentage of loss was ' 069 , or 1 in 1432 . No lives were lost by tho ships chartered by tho Emigration Commissioners . The Liverpool Mercury has prepared a sort of Rcaay Reference Table , of tho opinions repreaontod by that ingenuous phvoso tho " Country party , " who arc anything but Unitarians in policy . Political analysation reduces tho compound to tho following elements : —
" 1 . Dorbyites , pure and thorough ( habits not known ) . " 2 . Derbyites , faltering and hesitant ( habits unknown ) . " 3 . Dorbyitos simple , who will not hurt free trade unless they cannot help it . '' 4 , Agriculturists , who can do very well with free trade , but who will not refuse protection , if they can got it . " 5 . Bo-called moderate Protectionists , who do not liko froo trade , but who dare not attempt to rovorso it . " 6 . Medium Protectionists , who woiilcl bo content with a 5 j » . dutv on corn , but would rather havo a lOvf . duty .
" 7 . Ultra-Protectionists , who would go back , if thoy could , to tho old policy of a sliding scale , navigation laws , and all kinds of monopoly . ' 8 . Special burden men , who think that freo trade ia Sod and bad—good for tho pooplo and bad for tho land-• ds . " 9 . Froo-traders , but strong Conservatives . " 10 . Protended Free-traders . " 11 . Ultra Froo-tradorH , who , if tho . ro must bo froo trado in corn , will huvo froo trado in land , sugar , fillips , malt , hops , tobacco , timber , wine , and ovory othor mortal thing . " 12 . [ Reciprocity mon . " 13 . IVoo-trudora in corn , but Protectionists in shipping . " 14 . Antf-Maynoothitos . ; ; " 15 . I ' ro-Blaynoothitos .
" 10 . Anti-pro-Maynoothitoe , a vory singular varioty , of which wo havo a spocimon } n Mr . William Forbes Maokonsiio , who voted ^ against antall grants to Maynooth booauso thoy worn pinall , and in favour of largo grants bocauno they woro largo , and who is novortholoss resolutely determined to oppoBo nil grants to tho Roman Catholic Church . ' " 17 . Opponents of all Parliamentary reform , " 18 . Advocates of an extension of tfto franchise to such an extent and to such classes as would not bo likely to injure ' tho bnlauoo o £ interest , ' or , in othor words , to intorforo with tho undue preponderance of tho tomtoriol olo , mont . "
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Citation
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Leader (1850-1860), April 24, 1852, page 11, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_24041852/page/11/
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