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argued the question with the coolness , gravity , and solemnity of a judicial investigation . On one side appeared Mr . Bethell , Mr . Evans , Mr . Aglionby , arguing the right of the Jews to take the oath without the- concluding words . Those words , it was urged , were not intended to exclude the Jews , bu the Jesuits . The 10 th of George I . enacted that the * oath might be administered to Jews , in courts o * justice , without the aforesaid words . The oath o abjuration was a creation of the Legislature , and not known to the common law : —
" Instead of the noble lord being warranted in concluding that an enactment was necessary and expired ( said Mr . Bethell ) , he would have found here , if he had interpreted the words in a liberal spirit ( in which all remedial acts should be interpreted ) , a declaration of an universal principle , a principle known to the common law , and by this enactment recognized and universally introduced ; so that this statute was to be accepted as a legislative recognition of the right of the Jews to have the principle that was adopted in courts of justice carried into other places , and the House was bound by this legislative declaration , as well as by general princip les , to administer the oath to the Jew in the manner referred to . ( Hear . ) The same principle was recognize d in the 13 th and 20 th George II . "
With respect to the case of Mr . Pease , the House took upon itself to alter , and modify , and mould the form of the oath , having no authority to do so except the general authority so to apply the formula , that the oath might be administered in the manner binding upcoi the conscience of the party required to take it , and who had a right to have it administered . { Hear , hear . ) In fact the House was in a false position , brought about by following the law , and then stopping short and refusing to follow it out .
On the other side , it was contended by the Attobney-General and Mr . Napier , on the part of the lawyers , that the Legislature intended the whole of the oath to be taken ; and this it was which distinguished the case from those where , according to the common law , the form of the oath might be moulded to make it binding upon the conscience as long as the party took the substance of the oath . The 1 st and 2 nd of Victoria did not allow an oath prescribed by statute in a particular form to be altered at plea-Bure , 6 aid the Attorney-General : —
" It only provided that if a man took an oath , demanding to take it in a particular form , he should be bound by it , and liable to the penalties in case of perjury . For some men , to evade the sanction of an oath , would say a certain form was binding by their religion when it was not . ( Hear . )" As for the Quakers , it was urged that there was a whole series of statutes relating to them ; and though an act was passed removing all doubt respecting their right to make an a ffirmation , the committee on Mr . Pease ' s case thought that act unnecessary , and so did the Attorney-General .
The lay speakers were Mr . Henry Drummond and Sir Robert Inglis . Mr . Dkummond said he had always objected to the Jews sitting in that House ; but he would not take advantage of a state of the law which never was intended to affect them , to carry into effect a princi ple which he could not do fairly otherwise . ( Hear . ) " He wished some one would fairly propose a motion to exclude Jews from Parliament . ' For that he would Tote ; but he did not like to be compelled to be firing in ambush againBt the Jews from behind a dike that w , as intended to exclude a Sardinian Prince . ( Hear , hear . )" When the House divided there were—For Mr . Bethell ' s amendment , 71 ; against it , 118 . Majority against the amendment , 47 .
The debate now took a different turn , the lay members of the House intervened , and the gravity of the discussion vanished . When the original motion was put , Mr . J 3 ki « ht rose and suggested that Mr . Salomons ought to be heard , either by himself or by counsel at the bur , in support of his right to take his seat . Ho thought also that there ought to bo a committee appointed to reconsider the subject . He requested Lord John Russell to postpone bin motion
and for that purpose he moved the adjournment of the debate . Mr . Anntky seconded the motion . Lord John Rushes would not consent to an adjournment he thought the only way in which . Mr . Salomons could be heard would l , e by himself at the bar of the House Sir JSknjamin Uaia . thought that that course would lower and injure the position at present occupied by Mr . Salomons . The motion for adjournment was rejected on a division by 190 to <> 9
Mr . G . Tuomi'hon moved , by way of amendment the following addition to the motion of the noble lord at the head of the Government : — " And that this House , having regard to the rcligiouH ncmpk'H of the honourable member for Greenwich , will exorcise its undoubted privilege in that behalf , and ' proceed forthwith to cause such alterations to be made in the form and mode of fidmini » tcring the said oath an will nablc the honourable member to take and sub » cribc the nine . " Another attempt was made to adjourn the debate Mr . Ukynommi made a playful speech , in the course of which ho said : — " \ ° regretted that > o much of the time of the IIouhc IumI been taken up in diioiuaiag religion * uueationn .
( Oh , oh !) He thought the House would soon be entitled to the designation of a second edition of Exeterhall ; it would , if it went on in the same course , become a religious conventicle . ( ' Oh ! ' and a laugh . )" Mr . Reynolds spoke as a Catholic , and he sympathized with the Jews , though Mr . Salomons had said bitter things about the Papal aggression . He then made a lively onslaught on the oaths of abjuration , which he said were as great an absurdity as could be imagined : —
" It required men to swear that they would bear no allegiance to King James HI ., or any of his descendants , when the fact was that they had ail been dead more than fifty years ! The person who took this oath further swore that he would bear true allegiance to her Majesty and to the descendants of the Princess Sophia of Hanover . He ( Mr . Reynolds ) was ready to observe that oath , and to bear true allegiance to her Majesty ; but how was he to tra . ee all the descendants of the Princess Sophia ? ( Laughter . ) Yet this was what was termed one of the bulwarks of the British constitution ! ( ' Hear , ' and laughter .. )"
The discussion now became personal . Mr . Bright asked whether the House would " presume , " under ; he circumstances , to go to a decision . They should be decent , at least , in their judgments , and not shut out argument or fact . Lord John Russelx got quite cross , and selected Mr . George Thompson as a victim : — " Then there had been declamation against his conduct on the part of the honourable member for the Tower Hamlets ( Mr . Thompson ) , who , forsooth , when
he ( Lord J . Kussell ) was endeavouring to persuade the House to agree to a law which should admit the Jews into Parliament , was lecturing or travelling in America—( Loud cries of Hear , hear *)—and totally neglecting the interests of a numerous body of constituents of the Hebrew persuasion—( renewed cries of Hear , hear ') — and now came forward , as the House had heard , having refrained from giving his vote when that vote might have had great influence , and might have contributed to change the result . "
He continued to defend himself very fiercely ; and ultimately promised to bring in a bill which he thought , if supported by a considerable majority , would be passed by the House of Lords . The House again divided on the question of adjournment , which was negatived by 207 to 59 . It was now very late , and Lord John Russell , thinking it was advisable that the discussion carried on should not be of an angry nature , at length consented to adjourn the debate till Friday .
The House on Wednesday granted a new writ for Limerick , in the room of John O'Connell ; advanced several bills a stage ; but transacted no business of political importance ; the chief matter debated being the Administration of Criminal Justice Improvement Bill , which was advanced in committee , the chairman reporting progress , and obtaining leave to sit again . The House held the morning sitting on Thursdajin the new chamber , which , it is reported , is acoustically improved , but architecturally disfigured . In the evening they met in the old chamber . One of I the first things decided on was , that the petition from the borough of Greenwich to be heard at the bar , should be presented on Monday , and that the adjourned debate should then be resumed .
On the order for the third reading of the Customs Bill , Mr . Heriues moved as an amendment , an address , praying her Majesty to direct steps to be taken for giving effect to those provisions of the act or the repeal of the Navi gation Laws , whereby her Majesty is empowered to adopt towards any foreign country in which a preference is given to national vessels over British vessels , measures to countervail such disadvantages to British trade and navigation . The ground of the complaint was , that foreign nations had not reci
procated the repeal of the navigation laws ; but instead of imitating our example they were profiting by our folly . The object of the motion was said to be , not the subversion , but the enforcement of the present system . Mr . Lahouchkuk and Mr . Wilson opposed the motion on the grounds , that the general extension of the commerce of this country ; that British shipping had derived its full share of benefit from this extension ; and that the British shipbuilder had not been injured by the change . Mr . IIkimukn was supported by Mr . Gkoiiok 1 'kkijbuick Yoi / no , who denied that under Free-trade the Hhippmg interest had partici pated in the tfeneral prosperity The debate went on very languidly , am was killed when Mr . Dihuakm recommended Ji ' multancoiisly the withdrawal of the motion , and the ad journment of the debate . The Customs Bill was of course , read a third time , after two ineffective divisions on the adjournment .
While the conflict between Mr . Alderman Salomons and the formalists of the House of Commons batU ;! ? " , Momluy ni K ht - tue Lord » w - " - The oonlu f **}™™ ™ ™<* Assumption Bill . Man ,. dH <> f , 1 O m " liSU ? wlt T «« t « 'l to the reaS i J ' ttll 8 ll | ow » t ; . who moved the second tof lfw , ? HP <; edl WhuK te 8 tin <* hiH ^ luctance Letteh Sr " which tlie ltu - ° » I >« rh . un A ^ cutr Hurried Ministers . Of course he culled ili <> hoSitoV lulor the r " Ht ; ri l > t Im " <^ -i- r «« i ho told the House to «• reject the bill / ' if they held
that it would interfere with the free exercise of the Roman Catholic religion in Great Britain and Ireland , or if it was a persecuting measure . He maintained that ?• titles * " were not mere forms , but things of substance , to which importance had always been very properly attached . Arid he quoted a " homely " remark of Queen Elizabeth with respect to the title of a peer then in the House , which had been conferred by-a foreign power . Elizabeth said he should not have the title— " She never had allowed , nor ever would allow , her sheep to be tarred by another shepherd . " He thought that the bill would not in the slightest degree interfere with the full performance of Roman Catholic worship : —
" But he admitted that if he had been asked whether he considered this bill to be essential to the maintenance of the Protestant religion , he must answer that he did not—( hear , hear )—because he was one of those who thought that the Protestant religion did not rest for its support , or that it would be right that it should so rest , on acts of Parliament or on contrivances of any kind . ( Hear , hear . )" The Earl of Aberdeen was the champion of the opposition . He made a careful speech , replying to the often-urged arguments of the supporters of the measure , and earnestly appealed to the House to prevenj ; a recurrence of the persecution and the contest which preceded the victory of Catholic emancipation . That act relieved the Catholics from civil disabilities
of a galling nature ; and though the present measure might not be felt in a material sense , he thought it would be found a " grievance intolerable" in its operation upon the conscience . The bill dealt with matters " purely spiritual ; " and he pointed out the great distinction between the bishops o £ the Church of England , who were temporal lords as well as spiritual rulers , and the bishops of the Catholic Church , who in England were only and purelv
governors of the Church . He denied that a Church was tolerated even , to which regular government was refused . He denied that any rights of our bishops were infringed by the rescript , the only reason , on which to base a retaliatory act . He asked for the Roman Catholics only that amount of freedom conceded to every dissenting sect . He wished to place Roman Catholics and Dissenters upon the § ame footing . They were so regarded by law , and so regarded they ought to be .
I He commented with severity on the changes which the measure had undergone ; and he contended that not only was the state of things with regard to the assumption of titles restored , which existed prior to 1829 , but made additionally stringent . He also cited the 24 th section of the llelief Act , and appealed to the House to say whether the assumption of titles not alread y appropriated was forbidden . He pointed out that while the assumption of appropriated titles was prohibited in England and Ireland , no mention was made of Scotland . Why was there no mention of Scotland ? Because in Scotland there were no bishops , no deans , no persons in possession of those
titles who were recognized by law . Hence he inferred that the bill before them was a violation of the act of 1829 . He characterized the rescript as an "insolent manifesto , " but if the intention of the bill was to answer that , why was that intention not avowed ? Recurring again to the titles , he said the Pope must describe his bishops somehow . He had a perfect right to change the irregular and exceptional government of vicars apostolic to the regular government of bishops in ordinary . There was nothing real in the new hiernrchy . As far as their lordships were concerned , the hierarchy had no existence " except in words . " He traced back the origin of the dtsire to appoint bishops to the days of Pitt , He declared
that the " most frightful" and " awful" consequences would ensue from the operation of the first clause , which made the appointments , and , therefore , the acts of the bishops illegal and void . He ridiculed the notion that the supremacy of the Crown had been violated , a supremacy which hud never been defined . The Queen ' s supremacy was rejected in Scotland . There was no such thing . As to Ireland , he thought the Government were quite right if the bill were passed at all , it must include Ireland ' lor to admit that the Queen stood in a diil ' crciit relation in England from that which she did in Ireland would be to decide the destruction of the Irish Church . He moved that the bill be read a second tune that day three months .
Lord Bkaumont replied to the Karl of Aberdeen . lie explained bin position in the debute He snid ho appeared isolated from those who shared his religious convictions in the course he took . But he know that many sympathized with him , and , im they had not dared to conic forward , he had taken upon himself the responsibility of standing alone . lie described the position of the Roman Catholics in England , before the introduction of liio I ' npnl rescript , as beingoneevery way favourable to thrni , mul in dome respects enjoying advantages which they could not enjoy in any other country . VV « m thin position changed by the rescript ? Were they in u belter position ? He contended thai , the-position << i' the Roman Catholics hud not changed , but that of the Roman , see in relation to the English Crown had changed . The act of appointing u biahop , and UH » iguiiuj to him
Untitled Article
July 26 , 1851 . ] ®!> £ & ** & **? 695
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Citation
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Leader (1850-1860), July 26, 1851, page 695, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1893/page/3/
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