Current:

Leader (1850-1860), 24th April 1852, Edition Town of 2, Page 391, Untitled Article

Page 391
Page 11
11 of 24

On this page

  • Text (3)

      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.

    • Untitled Article

      Untitled Article

    • Untitled Article

      Untitled Article

    • Untitled Article

      Untitled Article

  • Transcript

    • 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.

      Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

      Untitled Article

      SSSSSSSmm ,..,, „ ., < .., ^ . ^^ , W « , ^^ . V ~ 7 ^< - ^^*> = « ^<"< r ' .- > ' >";"¦ " - : " " : ^«" SoS tomiiia ^ wS , * a 4 | M * &e Jesujts taught that | ne , T > otie nad power to grant ^ sbmtjon from paths , arid that fherBbman OathplwiBibheinselves made these pgxjjamentary Ssyith meixt ^ l pvaeioftsM s ^ tr ^ ryatums , which weW supposedto have the , efFeqt of ndh # ing their , obligation and the cpnelpipn of the ; pjatjx 19 e ^ resaly directed attest this , supposed s % te £ f % » g ^ tf ° w > Jews we not then resident in the kingdom , so that jt ls ^ clear that the words *? upon the true iatf ; h pf a Pfcnstian" were not inserted . with anyhostile pbjeete tpwar # them ; and the statute expressly ^ eclare ^^ at the oath ? ras . imposed « ior ihe better friaj of the loyalty and pbedjence of hia Majesty's / i * u * umi tnu

      gu | j ? ect 8 ; ana it is periegi ^ u" * fMW » - » "J «« w words were introduced into the oath , tmj * as a test of Christianit ^ yhv ^ t in order the more effectually to bind and affect the conscience of Boman Catholics . They were , according to their then and present opinion , the most perfect Chrwtiahs , and I think these words were added in order to create the most sacred and binding obligation upon them , and for no other pufpose . The Jews were never thought of , and , indeed , the Legislature , in all probability , never contemplated that there were any subjects of the kingdom who were npt Christians .. At the time when the oath of abjuration was passed , Jews were living in England in very considerable numbers , and in common with the other subjects of the realm were liable to be

      called on to take the path , and their neglect or refusal to take it subjected them to penalties . Jfow , to permit a Jew to make-rmuch more to insist upon his makjng- ^ an oath " upon the true faith of a Christian , '' seems to me to be absurd . If , however , it was intended by the Legislature that these words should be pf the substance and essence of the oath , and that do one except a Christian should be admissible to take it , it was undoubtedly competent for them so to enactj and the path could not be lawfully taken except theywere used ; but I jthink th ^ tt there was no sutihiiitwticm-Ws&P called on to interpret highly penal statutes , and they should receive a liberal copstruc r tion . For a Jew who refuses to use the words " upon the true faith of a Christian , ' which are not at all applicable to himand which if used by him would render the oath

      , null a ^ absurd , if not worse—is , by such refusal , incapable of suing either a ^ law or in equity , to bie guardian of his own children , to be confined within the Hmits of five miles froin his home / tp ' . be ineapable of keeping arms for his defence , cpr of having property tequeathea to him , and , at the discretion or caprice p f ipiir justiciesioi ! thepeace to jbe liable to be banished , aridiii ; the event of ma returning to the kingdom , without the leave of the Crp ^ , t <> suffer death as a felon . v l" think-1 best carry out the intention of the Legislature , and give the teue legal constouction to the statute , by holding the legal form of administering the oath to ia Jew is to omit these words , and / that I thereby render the statute more effective by suppressing the mischief and advancing the remedy <» ntempiate ^ Tor

      these reasons I am of opinion that the defendant lawfully took the oath and is entitled to the judgment of the court . M » . BaronAnderson said , a Jew is to be sworn upon the Book of the -Law , and yrith his head covered ; a Brahmin by 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 paths oifonlce 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 takgn in a prescribed form , and are the

      words " on the true ffiith of a Christian" a part of that prescribed formP In 1739 an act was passed to relieve the Jows from the necessity of using this phrase in certain cases—but the oath of abjuration was riot one of the exceptions .. It must , therefore , have been the intention of the Legislature that they should use those words . And this act was passed in 1739 , when Lord Hardwicke was Chancellor , and Sir Dudley Ryder and Sir John Strange were Attoraeyand Solicitor Generals , and the acts of OfchandlOth George I . were passed when Lord Macclesfield was Chancellor , and Lord Raymond and Lord Hardwicke respectively Attorney and Splioitor-General . But it is now said that these acts wore wholly unnecessary , and that those great lawyers ought to have known it ; and we aro now , in the year of the Lord 1 ftf » 5 ? trt nnrnlrn frnm a olonn infA wlliftll t . nfisn nrrftfl . fr .

      lawyers and the whole Legislature of those periods fell , and in which all persons ever since have remained ^ from 1730 down to tho time of this argument . For within our time those words have been left out of the oath in tho coao of the Jews , in tho act passed by the present Chief Justice of the Queen ' s Bench . I cannot , therefore , bo-Hovo this to be a reasonable conclusion . I think , therefore , that tho bath is not taken at all if these words , aro omitted by tho person swearing , and that Mr . Salomon ? has therefore voted without previously taking the oath of abjuration . I do most sincerely regret that I am obliged , as a more expounder of tho law , to como to this conclusion : for I do not believe that the case of tho Jowb was at all tllOUffhfc of hv t . ViA T , nrri « 1 nf , iir « wlinn t . linv frftttind tllGSO

      provisions . I think that it would lie more worthy of this country to oxcludo the Jews from these privileges ( if they aro to bo excluded at all , as to which I flay nothing ) by Homo direct enactment , and not meroly by tho- casual operation of a clause intended apparently in its object and origin to apply to a very different class of tho subjects of J ^ ngland . I rpgrot also that the consoquoncos aro sp Honous , involving dieabilitios of tho most fearful kind , in iiamtiori to the penalty sought to bo in this action roeovwod , and , iim foot , making Mr . Salomons for the future almost an outlaw , It is tp bo hppod thttf somo remedy will bo provided for those consequences , afc loaat , bythp ^ ogfiHlaturo . My duty is , however , pjain . It is tp oxpound , not to make , tho law j to decide on it as I find itnot as I may wiah it to be . It seems to mo that tho law on thin point is quito ploar . and that tho judgment mu » t ^ 0 for the plaiatim

      . ''¦ 'JMxj Babon PABiKB .-r-We must construe these act * without allowing ourselves to b , e influenced by any pf the political feelings of the present day , as to the proper policy to be pursued with respeot to her M ^ estys subjects prpfessing the Jewish faith . Looking at these provisions ma judicial spii'it , which we are bound to dp , how can we say that it is a flagrant violation of natural justice , and a manifest wrong , 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 ; and it would be very wrong in us to

      pffer or even tohuit any opinion . There is no reason , there-; ' , on the ground of inconsistency , to modify or alter the ) anguage of the oath in tlie case of members of the legisature , which alone is the present question . It is a fallacy » argue , that becaiise the immediate object of the legislature was to g ive a more binding effect tpi Christian bath , not to exclude the Jews and bthers than Christians , therefore they meant all such to be adinitted , and , consequently , tbjat the terms of the oath ought to be modified so as to carry that object into effect , aid to admit all not of tlie Christian faith to ta ^ e the oath in a form binding on their consciences . Nothing was further from the contemplation of the legislature- The trutli is , they never would form of

      supposed ithat aiw but Christians a part either 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 Jilahomedans or Pagans being placed in either category , tnentioting a provision aimed at a piecuiiar class only of Christians , the legislature have , in the most positive terms , required an oath ifrom every member df the legislature which none but a Christian can take ; and this enactment must have the effect of closing both / Houses of Parliament against every one but a ChristiteQ , 'to alter iiich strong words the clearest proof must - be required of the intention of the leerisiatufe : to aftovr all who were not Christians to be

      admitted . 35 To statute appears to contmiie the 10 th tJeo . x . c . 4 , with res |) ect to « Fews , or to have any bearing upon the present question . ' Nor does the statute 1 st arid 2 nd , c . IDS , the act tp relieve doubts as to the validifev of baths , atfect the present ease ^ If the words m question were only the ^ mode 1 of ^ ministeririg the oath , the statute could have that effect , because the bath was administered in a form aiid . yrith : . ceremonies , which the det&ndaM declared to be binding . But if this forms part of the statutes themselves , the-statute has the application , and I am clearly of opinion that they form part of the matter to be sworn to ; that is ,: _ part of the oath itself . I , therefore , am clearly of opinion that our judgment must be for the plaintiff .

      Sib P . PDX . I . OCP , C . B . —A judicial path ( for justice is of all countries and climes ) is governed by the law of nations ; but an oaj ; h of office or qualification is governed by the municipal laws of the state which requires it to be faken , and by those laws alone . If a man cannot obey the municipal laws of the country in which he resides , he is at perfect liberty to quit it . It may be a very sound reason for altering the law , by a competent authority , but we are not justified in substituting another law in its placed According to the view of my brother Martin , it never was necessary to pass any act to relieve the Jews in respect of the registration of their names : but for every

      Pu rpose whatever it was competent not only for a Jew , a urk , a Hindoo , a Pagan , or any other , if , by accident , he were born in the realm , to take the abj uration oath , omitting the words , " on the true faith of a Christian , " and to be elected and take his seat as a member of Parliament . With these acts before me , and with the legislative commentary on them , which tho last statutes of the 13 th George II ., chap . 7 , furnish , I think , we are not as judges ( living # iough we do in a more enlightened and liberal ago ) to bo liberal above what is written , or by any method of construction when the statutes distinctly , exr presBly , and imperatively , require one form to substitute ot the

      another as eqivalent for the object or purpose Legislature , when every one acquainted with our history and fhe course of our legislation must in candour acknowledge that in any part of tho reign of George I ., George II ., or the early part of George III ., it was the furthest from tho intention of tho Legislature to admit into tho House of Commpns persona of the Jewish religion . Tho language Used appears to mo to bo ep clear , so distinct , so express , and stringent , as to exclude a relaxed ( and what may bo called a liberal ) construction by judges , quite as much as it is intended to guard against a montul reservation by those yt \\ o think that tho effect of an oath can honestly bo w evaded . On theso grounds I agree wi (; h my brothers Parko and Aidoraon that our judg ment ought to bo for t . hp plaintiff , and tho judgment of the Court w , therefore , for the plaintiff .

      It is stated , that a writ of error is being prosecutod for the purpose of obtaining tho decision of tho highest judicial tribunal in the kingdom upon tho i mportant question recently decided by tho Court of Exchequer . Mr . Salomons has again addressed tho doctors of Greenwich : — " By tho terms of the decision , " nays Mr . Salomons , " I have become a popish recueant convict ! Will thopcoplo of England , will the constituencies ot tho ompiro , permit euoh ft perversion of justice as this very name implies P If tho right of private jud gment and tho froo oxerciso of conscionco aro to bo denied tp any JJritiBh

      eubject , lot this bo plainly statod . Lot England openly become like thoso despotic countries of Europo in which . i t ia if port of thoir written law that relig ious d isabilities should prevail , bujt do not lot ua , by a stringent construe > tion of statutes u ] mqat . obsolete , virtually enact disqualifying laws , utterly and ontiroly opposed £ 0 the spirit pf tlio ago , and tp tho constjitutipn uiidor which wo have the happmosa to Jive— a constitution whiph ia , tho pndo and protection of ovory man bow pn British soil , and winch novpr abridged tho libert y pf tho subject unloss it worn nqcosiary for tho eafoty of tho State" .

      Untitled Article

      ^ A ILWAy A ^^^^ Bt ^ NT ^ S ^ The Daily News on this topic obg ^ e&rr ^^ J ^^» orduiary improvements are daily made in all artdT-rana m particular in the art of ^ making things pleasant' at tneetings of railway sharehblders . It wafl thought a year or two ago that Mr . George Hudson had imparted to tm « art the last finish of which it was susceptible j but the directors of the Birmingham and Shrewsbury Eailway Company have fairly distanced the railway king > At thfl half-yearly meeting recently held , » hirge bundle ofprosie on the table caught the eyes of Mr . Geach , M ; P . y who asked whether the directors intended to use them , and was answered " Yes . " Mr . Geach remarked that the proxies represented more votes than were present at the

      meeting . The cost of issuing these proxies was charged against the company , under the appropriate designation ot extraordinary expenses . But the precautions of tho 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 theitt 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 eoPected proxies outnumbering the votes presenl ; . After such preparations it is needless to ^ add that " all things were made p leasant , " at least to the directors , and in so far as the votes of the meeting are concerned .

      Untitled Article

      MISCELLANEOUS . A memorial from a number of count ry publishers waf forwarded , oi , Saturday last , by Mr . W- Williams , M . P . for Lambeth , to the Chancellor of the Exchequer , stating that they had been illegally interfered with by the Stamppffice , and praying for compensation . Mr . Ei ^ E . E .. Mopre , the Antucprn-lavr lecturer , so well knpWn . foy Bis t 4 pficate initials , is out on his former mission / Harrington , Carlisle , Lancaster , York , and other places , have already been visited by him . Mr . Hume has obtained a Very interesting return to the House of Commons , showing the number of passenger ships which have sailed from ports in the United Kingdom with emigrants on boardj during the last five years , distinguishing the ports under the superintendence of Jan emigration office , and showing the number of such ships which have been wrecked , or destroyed at sea , and the number of lives so lost . It appears that from 1847 to 1861 , 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 centage of losa was -396 , or 1 in 262 . Of ships despatched from ports under the superintendence of Government emigration offices , there were 5 , 964 , out Of which there were 80 wrecks , and the per centage of loss was -603 , or 1 in 199 . There were 913 despatched from ports not under the superi ntendence of Government emigration offices , of which there were 13 wrecks , and the loss was

      1-42 per centage , or 1 in 70 . In the 7129 ships which sailed in the five years , there were 1 , 494 , 044 passengers . The number of lives lost by shipwreck was 1043 . The percentage of loss was ' 069 , or 1 in 1432 . No lives were lost by the ships chartered by tho Emigration Commissioners . Tho Liverpool Mercury has p repared a sort of Reaay Eeforenco Table , of the opinions represented by that ingenuous phrase tho " Country party , " who are anything out Unitarians in policy . Political analysation reduces tho compound to tho following elements : — " 1 . Derbyites , pure and thorough ( habits not known ) . " 3 . Derbyites , faltering and hesitant ( habits unknown ) . " 3 . Derbyites simple , who will not hurt free trade unless they cannot help it . . ¦? ' 4 , Agriculturists , who can do very well with iree trade , but who will not refuse protection , if they can get it . but who will not refuse protection , if they can get it . who do ot liko

      " 5 . So-called moderate Protectionists , n free trade , but who dare not attempt to reverse it . f 6 . Medium Protectionists , who would be content with , a 5 « , duty on corn , but would rather have a 10 s . duty . " 7 . Ultra-Protectionists , w h o would go back , if they could , to tho old policy of a sliding scalo , navigation laws , and all kinds of monopoly . " ' 8 . Sp ecial burdon men , who think that tree trade is good ana bad—good for tho people and bad for the landlords . " 0 . Free-traders , but strong Conservatives . " 10 . Protended Free-traders . " 11 . Ultra Froo-traders , who , if there must bo froo trade in corn , will have froo trado in land , sugar , ships , malt , hops , toba cco , timber , wino . and every other mortal thing . " 12 . Reciprocity men . " 18 . Froo-tradors in corn , but Protectionists in

      eluppmg . ' " 14 . Anti-Maynoothitos . " 15 . Pro-Maynoothitcs . " 10 . Anti-pro-Maynoothitos , ft very , singular variety , of which wo have a specimen in Mr . William Forbes Mackonsiio , who voted against small grants to Maynooth bocauao thoy wore small , and in favour of Jargo grants bocauao they woro large , and who i » nevertheless resolutely determined to ' oppejao all grants to tho Roman Catholic Church / " 17 . Opponents , of all Parliamentary reform . " 18 . Advpcatea of an extension of tho franohiao to fluoji p , n oxtont and to such classes as would not bo likely to inn jure ' tho balance of interest , ' or , in othor word * , touiterforq witl ^ t | io undue proponderano ? of tho ^ orritoww m * . mont . "

      Untitled Article

      M ^ mMm-:. - : . tww hmAVMm ¦ . ¦ .. ' . . - ¦ : ' . ; ^ ¦ M- V

  • Citation
    • Leader (1850-1860), April 24, 1852, page 391, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1932/page/11/