"It is a mistake to suppose," said Lord Justice Lindley further, "and I think it is as well the mistake should be known, that persons who do not believe in a Supreme Being are in the state in which it is now supposed they are. There are old Acts of Parliament still unrepealed by which such people can be cruelly persecuted. Whether that is a state of law which ought to remain or not is not for me to express an opinion upon; but having regard to the fact that these Acts of Parliament still remain unrepealed, I do not see my way to hold judicially that this oath was not kept alive by Parliament for the very purpose, amongst others, of keeping such people out of Parliament."
This last deliverance is memorable on several grounds—memorable as showing the need, from the point of view of one more judge, for a repeal of the brutal laws of the past against heresy; and further memorable as showing once more how ready are judges to rest alternately on mutually exclusive principles of interpretation. On the point as to whether the case was one in which an appeal lay, Lord Justice Lindley grounded his opinion on the fact that there was not to be found in the Judicature Act "the slightest indication of any intention on the part of the legislature" to prevent appeals in cases which were "previously made civil proceedings for the purposes of appeals." On the same principle, he ought to have looked whether there were the "slightest indication of any intention on the part of the legislature" in modern acts to exclude all Atheists from oath-taking. There is no such indication. Not a word is said of excluding unbelievers. On the contrary, it was only with difficulty that the legislature could be got to meet the fact that there were many Atheists who at times had to give testimony in courts of law. Had the legislature really desired to exclude all Atheists from oath-taking it would surely have said so, knowing as it must have done how common unbelieving oath-taking had been. And all the judges, as individuals, must have known perfectly well that privately known Atheists had sat in every Parliament for generations. Such are the conditions of legal judgment on questions of legal principle.
Bradlaugh at once gave notice of appeal to the House of Lords; and, all things considered, he had as good chances of success as ever he had. But this litigation had now reached its climax, and the appeal did not come off. The struggle had gone far towards completing its fifth year, and relief was almost within sight. It was not to come from legislation. Mr Hopwood had undertaken to introduce an affirmation Bill grappling with the whole position, which was not merely an affair of the admission of Atheists, but of providing also for certain religionists who, not being Quakers, Moravians, or Separatists, were not entitled to affirm, though strongly objecting to the oath. And there were yet further matters to be dealt with, as the position of freethinking jurors. But the saving credit of passing such a measure was not in store for the "Liberal" Parliament. At the Liberal Conference on Reform in 1884, presided over by Mr John Morley, a resolution had been unanimously carried in favour of Northampton's right; and at the Conference of the National Liberal Federation in 1885, Mr Hopwood's Bill was unanimously approved of; but though this action was backed up by countless resolutions of Liberal and Radical Clubs, and hundreds of petitions,[187]
the Anglican and Roman Churches set to work as zealously as ever to oppose, the Liberal Government would make no attempt to grant facilities in the House, the Bill was blocked, and nothing was done while that Government remained in office. But when, on their being defeated at their own wish on the Budget, a Conservative Ministry took office, Bradlaugh at once presented himself (6th July) to be sworn. He might have presented himself before the re-elected Tory ministers, in which case they could not have taken part in the proceedings against him, but he treated them with the chivalry they never showed to him, and allowed the ministers first to be sworn in. The new Chancellor of the Exchequer, Sir Michael Hicks Beach, took up the matter on the lines of Northcote, who was now made a peer, and moved that Bradlaugh be as before excluded from the precincts. Mr Parnell and Mr Healy went further, appealing to the Speaker to have Bradlaugh (who was standing below the bar) wholly excluded from the House at once, before the motion was debated. To this stretch of malice the Speaker could not accede, and the debate proceeded in the usual way. Mr Hopwood moved an amendment declaring legislation to be necessary "on wider grounds than the interests of a constituency." Gladstone, though deprecating any general legislation on the subject, supported the amendment. Only 219 voted for it, however, and 263 against, the majority again including many Home Rulers and a number of Liberals, while many more Liberals had absented themselves. Against most of these, vigorous measures were taken in the constituencies, which now had before them the imminent prospect of a fresh general election. In this election it had been arranged that Bradlaugh should stand for the new borough of East Finsbury, London, as well as for Northampton, on the understanding that if elected for both he should sit for Northampton. This was a generous attempt on the part of the Finsbury Radicals to strengthen his case; but other Radical candidates being less generous, he finally withdrew from the Finsbury candidature to avoid a split in the Radical camp. In Northampton the fight had little excitement in it, the conclusion being foregone. Mr Richards at one of his meetings claimed credit for avoiding personalities, and mentioned that he had in his pockets letters from several persons offering to flood Northampton with slanderous tracts. He did not add that that device had been played out, and had become just a little unsafe besides. Towards the election day virulent placards were resorted to, from force of habit. Bradlaugh did not post a single bill. The poll (25th November) stood:—Labouchere, 4845; Bradlaugh, 4315; Richards, 3890; Bradlaugh thus standing higher than ever before. The difference between him and his colleague was represented by 366 plumpers for Mr Labouchere, and 300 votes split with the Tory, less 126 plumpers for Bradlaugh, and 10 split for him and the Tory. The news was received everywhere with special enthusiasm. But still more significant was the havoc wrought among those pseudo-Liberal members who had turned the scale against Bradlaugh in the House. Mr Samuel Morley had been forced to retire from Bristol, Mr M'Cullagh Torrens from Finsbury, the Hon. H. W. Fitzwilliam from Dewsbury, Mr Jerningham from Berwick, and then later from Blackpool, the selection being cancelled before the election; Mr George Courtauld, Unitarian, from Maldon, Sir Alexander Gordon from Aberdeenshire, Sir Thomas Chambers from Marylebone, and Baron de Ferrières from Cheltenham. These were all opposed by former supporters on the express ground of their votes in the Northampton question. Others who went to the poll, again, were defeated on the same score. Mr Norwood at Hull was defeated by the running of a special Radical candidate in protest against his anti-Bradlaugh action in the House. Mr A. P. Vivian, a frequent absentee on the question, was defeated in North-west Cornwall, and Sir W. Charley at Ipswich. Mr B. Whitworth, formerly of Drogheda, chosen and then dismissed at Hackney, was defeated at Lewisham. Prominent Tory and other enemies suffered in a hardly less degree. Newdegate, after beginning his candidature, withdrew rather than meet certain defeat; Sir Henry Drummond Wolff was defeated, so was Earl Percy, so was Sir J. E. Wilmot, so was Mr Warton, so was "O'Donnell." Dr Lyons collapsed at nomination in Dublin. M'Coan was thrown out at Lancaster, Mr Nicholson at Petersfield, and Mr Denzil Onslow at Poplar. Of new Tory candidates who had been specially offensive in their hostility, Mr Hammond was beaten at Newcastle, Mr Bruce Wentworth at Barnsley, Mr Holloway at Stroud, and Mr Edwardes-Moss at Southport. There was no mistaking the "Bradlaugh element" in these cases; and though some Radicals who had stood by him were also defeated, as Mr Hopwood and Mr Hugh Mason, that was solely owing to the hostility of the Irish vote, then being manœuvred by Parnell to weaken the Liberals. Much of the work of destroying the renegade Liberals had been done by Bradlaugh in person in his lecturing tours. "I think I have settled a round dozen of them," he remarked some time before the election. One former Liberal member, who had been his persistent enemy in the House, finding defeat staring him in the face through Bradlaugh's action, came to him in his hotel when he was lecturing in the constituency concerned, and humbled himself to ask for mercy. Bradlaugh gravely refused. "You are very hard," whined the petitioner, who had thought fit to work iniquity with the majority for five long years, with as little thought of justice as of generosity.
The tables thus turned, it is probable that in the first Parliament which assembled in 1886, an Affirmation Bill could have been carried in the teeth of the Tory minority, seeing that even some Tory members had had to pledge themselves to support such a Bill; and Mr Serjeant Simon had arranged to re-introduce Mr Hopwood's. But the settlement was precipitated in an unexpected way. Bradlaugh wrote Sir Michael Beach asking how the Government would treat the Bill if introduced, and received a non-committal answer. Soon afterwards it was announced that communications had passed on the subject between Sir Michael and the new Speaker-elect, Mr Peel; and Bradlaugh wrote to ask Sir Michael what they were, but was refused the information, whereupon he strongly protested. The mystery was only cleared up when the new Parliament assembled on 13th January 1886.[188] The new Speaker had determined to reverse the policy of his predecessor in the Bradlaugh case, and the Tory Cabinet in vain sought to dissuade him. On the opening day, before any members were sworn, he informed the House that he had had two communications—one from Sir Michael Hicks Beach, and one from two other members, Mr Raikes and Sir John Kennaway, appealing to him not to let Bradlaugh take the oath. To these requests he flatly declined to accede. In the former Parliament, he pointed out, the Speaker had taken no independent authority on himself, but had always acted on the instructions of the House. "We are assembled," he went on,
"in a new Parliament. I know nothing of the resolutions of the past. (Cheers.) They have lapsed; they are void; they are of no effect in reference to this case. (Renewed cheers.) It is the right, the legal, statutable obligation of members, when returned to this House, to come to the table and take the oath prescribed by statute. ('Hear, hear.') I have no authority, I have no right, original or delegated, to stand between an hon. member and his taking of the oath. ('Hear, hear.') I have been further asked whether, when the House is completed, and after a quorum has been constituted, it would be competent for a motion to be made intervening between the hon. member for Northampton and his taking of the oath. I have come clearly and without hesitation to the conclusion that it would neither be my duty to prohibit the hon. gentleman from coming, nor to permit a motion to be made standing between him and his taking of the oath. (Opposition cheers.) The hon. member takes that oath under whatever risks may attach to him in a court of law. ('Hear, hear.') But it is not for me—I respectfully say it is not for the House—to enter into any inquisition—(cheers)—as to what may be the opinions of a member when he comes to the table to take the oath. I am bound, and the House is bound, by the forms of this House, and by the legal obligations and rights of members. If a member comes to this table and offers to take the oath, I know of no right whatever to intervene between him and the form, of legal and statutable obligation. (Cheers.)"
The Chancellor of the Exchequer in vain sought to make a declaration: he was called to order. Bradlaugh was duly sworn, with a Tory Ministry in nominal command of the House. The protesters against "profanation" had to stand by and see what they had defined as profanation "solemnly"—as the law courts defined solemnity—authorised by the supreme authority of the House. They had refused to permit affirmation; their oath was now, on their own declaration, outraged and trampled upon. At the same time, the whole past procedure of the House, the whole course of the last Speaker, was overruled and impeached as unwarrantable. The House had drunk its cup to the dregs.
§ 22.
The Tory press naturally solaced itself by repeating the well-tried falsehood that Bradlaugh had originally refused to take the oath, and declaring that he had now eaten his words. On 26th January, dissatisfied with that unsubstantial comfort, Mr Raikes asked the Government if they would prevent Bradlaugh from sitting and voting until he had proved his capacity to take the oath, or until the judgment of the Court of Appeal was reversed by a higher tribunal. Sir M. Hicks Beach formally replied that he was not prepared to take action, and no action of the kind was ever taken. Soon the Tories, being in the minority in the House, were turned out and the Liberals installed in their places. Appealed to to enter a stet processus in the action in which Bradlaugh had appealed, they timorously declined, dreading Tory comment. But when the Tories later in the year were returned to power by the election following on Mr Gladstone's defeat on his first Home Rule Bill, and Lord Randolph Churchill became leader of the House of Commons, that versatile personage, desirous of placating if possible so formidable and so avowed an enemy as Bradlaugh, gave the relief which the Liberals had refused. Bradlaugh was thus finally secured in his seat by the capitulation of one of the most unscrupulous and offensive of his old enemies. Churchill's allusion in the House to Bradlaugh's supporters as the "scum and dregs of the nation" had elicited from Bradlaugh, in connection with his agitation against perpetual pensions, a short tractate on the manner of the founding of the Churchill family, which struck his lordship in a fashion he had not been used to at the hands of Gladstone, or even of Mr Chamberlain; and he desired to make peace. He did not obtain it.
But not only did the Tory party, as represented by its new leader in the Commons, thus give up all it had contended for: it was finally to make personal submission to the man it had wronged. The Affirmation Bill introduced by Mr Serjeant Simon never reached a debate; and it was left to Bradlaugh to carry one on his own initiative in 1888, by the votes of the men, Tory and Parnellite, who had defeated former Bills. Last of all, it was in the same Tory House of Commons, while Bradlaugh lay dying, that there was carried the resolution he had repeatedly put down, expunging from the journals of the House the old votes for his exclusion, even as the resolutions against Wilkes had been expunged. If the act was one of repentance, it the more certainly implied an infamous wrong done.
There were certainly many reasons why the Tory party should repent. They had "struck for themselves an evil blow," though the sudden rising of the Home Rule issue served to obscure the consequences of their course in the Northampton struggle. It was impossible that as a party they could have gained in credit by it either among the masses or among thoughtful and earnest men. Nothing was more notorious than that nine-tenths of the leading Bradlaugh-baiters were the least worthy men in the House. Wolff, described by Bradlaugh as a noted retailer of choses grivoises; Churchill, the noisy and reckless charlatan of the new Toryism, "the Demosthenes of bad taste and vulgar vehemence;"[189] Tyler, the company-promoter, hooted by the shareholders he had impoverished; "O'Donnell," the turncoat; Callan, the drunken; Newdegate, besotted with more fumes than those of fanaticism; Fowler and Warton, the gross and blatant; Healy, the ever-rowdy—these could not gain good repute from alliance with types like Mr Samuel Morley, and could not be made respectable by the leadership of Northcote, whom they hustled and humiliated. It is not possible to say with entire certainty what had been the general view of Beaconsfield on the case while he lived; but it is difficult to believe that he could have taken any satisfaction in seeing the most prominent function of the new Toryism made out to be the rowdy resistance to the sitting of a freethinking member, and the insolent refusal of a constituency's rights.
There can be no doubt, I think, that one effect of the whole episode was to create a new and widespread intensity of antagonism to the prevailing religion and to the Conservative cause. Men who had before regarded Christianity with indifference or disfavour or contempt, as a delusion, began to detest it as a living fountain of injustice; and men who had seen in recent Conservatism a policy of diverting the people's attention from home needs by foreign adventure, now saw in it a great machinery for working iniquity within the State. The party which had been seen making gun-wadding of the decalogue in its wars of aggression had now made a crass Semitic Theism the pretext for a dastardly effort to crush one man, partly by way of embarrassing the opposite side; and the party which denounced "disloyalty" took sides with the disloyalists to the same end. Of course, the heat of the immediate struggle did not last on one side any more than on the other; above all, it did not last with Bradlaugh himself; but it is certain that thousands of Freethinkers date their conversion from the time of Bradlaugh's fight with the bigots; and I fancy there are still many who preserve the impression they then gained of what Voltaire meant by "the infamous," and the purpose they then formed to make war on it throughout their lives. As regards Toryism, too, though "each day brings its petty dust, our soon-choked souls to fill," the adherents of that cause may rely on it that for many a citizen, for many a day to come, their declarations of concern for justice and right, in any case whatever, are made derisory by memories of their five-year-long course of gleeful injustice to the Atheist. Time brings its revenges. If Liberals in mass have deserved ten years of frustration, in an effort to do right, by their former treatment of Ireland, Tories in turn have wrought for the cup of defeat they have tasted, and are yet to drain to the dregs. And the Irishmen who, claiming freedom for themselves, shamelessly withheld from another even the rights they already enjoyed—they, too, have paid and are paying for their misdeeds, despite their avowed repentance.
As for the Conservative party, despite its practical recantation, it would be too much to say that there is any real concern among the mass of its members for the five years' carnival of injustice over Bradlaugh. I have gone through Mr Lang's "Life of Northcote" without finding one word of regret for the whole shameful business, though he quotes a passage in which Northcote expressed in his diary a mild deprecation of the ruffianism of some of his followers in the matter. But, indeed, the capacity to do the thing as it was done excludes the capacity to be ashamed of it. Toryism is transmuted, but does not repent. At best, new Tories may at times deprecate the action of their predecessors.
§ 23.
Whatever be the sympathies with which the matter is looked at, there is no gainsaying the historical fact that Bradlaugh's struggle is a decisive episode in constitutional history. It will always rank in English annals with the partially parallel case of Wilkes, dating a hundred and twenty years earlier; and it will be a very bold or a very blind majority which ever again attempts to exclude from the House of Commons a duly-elected member against whom no legal objection lies. Of Wilkes, Mr Gladstone has declared that whether we choose it or not, his name must be enrolled among those of the great champions of English freedom. If that be so, Bradlaugh's name must stand still higher, in that it represents not only the principle of the rights of constituencies, but the principle of freedom of conscience in the last and most serious issue. And in every moral respect, Bradlaugh's case stands above that of Wilkes. The point in which they best compare is their courage; but even the undoubted courage with which Wilkes faced an unpopular king and unpopular ministers was a less rare thing than the fortitude which faced the hate and the slander of half of the more articulate part of the nation. For the rest, though he had the merit of geniality, Wilkes was a poor creature enough in many ways—a rascal towards his wife, a leader of ribald orgies, a prurient poetaster, a briber of constituencies, while professing to be uncorrupting and incorruptible. He was a blasphemer in the strict and really bad sense of a man deriding a Deity in whom he did not profess to disbelieve; he wrote and privately printed indecent verse for the indecency's sake. And if he is to be remembered for courage in that he resisted an unpopular Ministry with a great and aristocratic party to support and salary him, much more so is Bradlaugh, who was scouted and insulted by many even of the Liberals that felt constrained at times to vote on his behalf, and who had little save poor men's help in his long and costly fight. It is significant of the worth of common opinion that Wilkes was much more readily forgiven for real and ill-meant and undisputed obscenity than was Bradlaugh for the earnest and scrupulous defence of true doctrines infamously miscalled obscene. On the point of politics, Wilkes is hardly more justly notable than on the point of character. He had no higher mission than to attack an autocratic and unpopular minister; his very animus was partly the evil and vulgar spirit of racial animosity; he had no high purpose of political reform. After unwilling drudgery in a public office of dignity, he found his chosen reward in a semi-sinecure. Bradlaugh stood for great causes in the world of thought as well as in the world of action: he was a thinker and a high-minded reformer where Wilkes was at best a high-spirited adventurer.
And as Wilkes was the worse man, so he had the worse case. When elected in 1768, he was legally an outlaw—albeit under an unjust sentence; and his supporters signalised his success by a riot, breaking windows wholesale, mobbing and insulting leading opponents. Afterwards he was elected while a prisoner. Certainly Parliament, in his case, took a more courageously illegal course than it did in Bradlaugh's, not only refusing to admit him, but declaring him disqualified, voiding his seat, and declaring Luttrell member when elected by the minority. The jugglers of 1880-85 kept a member out of his seat without daring to declare the seat therefore vacant, though the law courts hinted not obscurely that an Atheist was hors la loi in respect of the chief civic rights. Certainly in the case of Wilkes the King was known to be the main mover in the breaking of the law, and so was more openly putting the liberties of the whole people in jeopardy. But the fact that in Bradlaugh's case the tyrants were bigots and partisans, representing masses of electors, and the wronged man a heretic, only made the danger the more profound. The final triumph of the law-breakers would in his case have been a worse blow to freedom than it could have been in that of Wilkes, just because so many hundreds of thousands of bigots would have rejoiced in it. It would have been more dangerous to democracy, because undermining democracy from within, whereas the ostracism of Wilkes was an ostentatious blow from without. The "many-headed tyranny of an unscrupulous senate" is a more sinister thing when it rests on the fanaticism of thousands than when it is the mere subservience of time-servers to the sovereign; for if the principle were to be practically established that a man may be politically ostracised for theological heresy, the axe would be laid to the root of a greater thing than political privilege. What the Inquisition did for Spain, brainless bigotry might have begun to do for England. It had become clear that the law courts would not give any decision which struck at the freedom of the House of Commons to act as it pleased, our constitution being thus seen to lack the safeguard set up in the Supreme Court of the United States; though the House went through the form of arguing its case before the judges. The value of their decisions was seen when, after Bradlaugh took the oath before Mr Speaker Peel, he was allowed to sit in peace though he had been declared legally incapable of taking an oath. Evidently the principle of legality had little remaining validity. It may be, nevertheless, that the time is not yet come for the majority of Englishmen to realise fully how much was saved to their heritage by Bradlaugh's long stand against nefarious faith. The language of sincere conviction still blends with the language of cant in calling his opinions "peculiar" or worse; and half of those who stood beside him on the political issue were anxious in avowing their repudiation of his doctrines and his personality. But even in the few years between his struggle and his death there was a change; and to say that he has not yet had his full share of honour is only to say that his fame will be at its clearest in the larger air of a more enlightened day.
CLOSING YEARS.
1886.
Admitted at last to the seat for which he had fought so long and so hard, Bradlaugh set himself strenuously to work to make up for lost time. With nearly every quality that goes to make a good legislator, and with the most abundant political experience from his youth up, he had reached his fifty-third year before he sat in his place in Parliament by secure tenure. He had fought for that place, in all, eighteen years—chronically during twelve of them, against constitutional opposition; continuously through six of them, against gross injustice. And in these last six years, unhappily, his life went very much quicker than the years. Those who had lived by him through it all recognised that it had made him an old man. A certain aging effect seems to have come from the terrible attack of typhoid fever in New York in 1875; but still in 1880 his portraits show him in his prime, the face mature without being furrowed. In 1886 he looked far more than ten years older. The long battle had left its dire marks.
No private member in his prime, however, went to work in the Parliaments of 1886 with such energy. Before January was out he had obtained leave to bring in his Land Cultivation Bill,[190] which was backed by Mr Joseph Arch, Mr Thomas Burt, and Mr Labouchere; and he was extorting from the officials exact details as to the Perpetual Pensions, against which he had already for years agitated outside. In March he obtained from the new Liberal Ministry the appointment of a Select Committee on the subject. The debate on Mr Jesse Collings' amendment to the Address, calling for labourers' allotments—the amendment on which the Tory Ministry were thrown out—gave him his first opportunity of striking a blow at the party which for him was identified as much with tyranny in general as with tyranny towards himself. In February he gave the first notice of his intention to raise a question which he later pushed far—that of market rights and tolls; his first move being to call for a return giving minute particulars as to the state of the case in each municipal borough in England and Wales. And in the same month he was vigorously pressing his proposal for a Labour Bureau on the lines of that of Massachusetts—a proposal to which the Government promptly acceded. In March he took a step abundantly justifiable on public grounds, in moving the reduction of the monstrous vote of £12,000 to Sir H. D. Wolff for six months' unprofitable service abroad, and £3000 more for telegrams in connection with his mission. And he was further able to connect another enemy, Sir Henry Tyler, with systematic breaches of the Truck Act on the part of the Rhymney Iron Company, of which he was a director. Bradlaugh characterised the action of the Company as part of "an infamous system by which poor men are defrauded of part of their earnings." The result was a Government prosecution and the infliction of the fullest statutory penalty. In the way of direct service to labour, he was in the same month appointed a member of the Select Committee on the Employers' Liability Bill, on which he worked hard and carefully. In April came the epoch-marking Home Rule Bill, in the debate on which he made a powerful speech in support, loudly cheered by the Home Rulers who had so long helped to exclude him. He was emphatic against the exclusion of the Irish members, but urged that such points should be left for discussion in committee; and he did his best outside for the second reading by organising a great mass meeting in St James's Hall, presided over by Mr Labouchere, which was in its way a great success, a multitude coming sufficient to fill the hall twice over. His own Land Cultivation Bill came to its second reading; and his speech upon it was well received, though he saw fit not to try to press it to a division. Again in June, shortly before the decisive division, he delivered a second and longer speech in support of the Home Rule Bill, to listen to which to the end Mr Gladstone delayed his dinner; and on the dissolution he issued an "Appeal to the Electors: Mr Gladstone or Lord Salisbury: Which?" He had done more than justice by the people whose representatives had most zealously done him injustice. Readers of his journal had written to urge this on him as one reason for opposing Home Rule. He answered: "If I cannot try to do justice to my political and religious enemies, I am unfit to be a legislator." On the merits of the reform he tersely observed: "Home Rule is no four-leaved shamrock, but it is the beginning of justice."
In the new General Election, a new excitement was given to the contest in Northampton by the candidature of a Liberal Unionist, Mr Turner, a leading local manufacturer, in coalition with a Conservative. His supporters were extremely confident; but when the vote was counted the figures stood: Labouchere, 4570; Bradlaugh, 4353; Turner, 3850; Lees, 3456. On the declaration of the poll, Mr Turner, being shouted down by the crowd, addressed to the reporters the intimation that he "came forward for the first time to wrest the representation of the town from the greatest and most mischievous demagogue of the present century." But by this time the old obloquy had considerably quieted down. At the beginning of the year the Bishop of Peterborough, Dr Magee, had published a review article in which, while making hostile allusion to Bradlaugh—doubtless in recollection of old criticisms—as an Atheist "whose name certainly neither softens nor sweetens any controversy with which it is connected," he declared forcibly against the Parliamentary Oath altogether. As he truly observed,
"Whatever else our present Parliamentary Oath was designed to effect, it was never designed to keep Atheists out of Parliament. It was, and is, strictly a political test, and for a purpose happily quite remote from modern English politics. It is dynastic.... It does not even ... exclude Republicans; for, should the Parliament which imposes it decide at any time upon the ultimate abolition of monarchy, there would then be no 'successors according to law' to whom to be faithful.... As a political test, it is practically all but obsolete.... It does not even incidentally and indirectly act as a religious test, for no Atheist that we know of has ever refused to take it."
Oddly enough, while arguing for the abolition of the Parliamentary Oath, the Bishop proposed to "retain" the oath in courts of justice, being apparently unaware that there it was already to some extent optional. His opinion on the other point, however, counted for something; and though an appeal was made to the Liberal ministry, as it had been made to their predecessors, to prosecute Bradlaugh afresh for sitting and voting, the ministry refused, and the matter dropped once for all. There was also, of course, a cessation of the attacks on him by Conservative members. One, a Mr E. H. Llewellyn, at a Primrose League meeting early in the year, scurrilously spoke of him as having "seemed more as if he spat upon than kissed" the Testament in taking the oath; but for this congenial indulgence Mr Llewellyn had to make a public apology to Bradlaugh and to the House of Commons alike. Bradlaugh was an excessively inconvenient enemy to have at close quarters.
No one knew this better than Lord Randolph Churchill, who was now promoted to the leadership of the House of Commons over the head of Sir Michael Hicks Beach. "The most bitter enemy of the Tory party," wrote Bradlaugh, "could hardly have planned for it greater degradation than this leadership." One Tory journalist attributed to him, quite falsely, a proposal to hiss Churchill on his first rising to address the House. That was not his way of fighting. The "new leader," on his part, was extraordinarily conciliatory. When the new Parliament met in August, Churchill made not even a sign of wish to stand again between Bradlaugh and the oath; and when Bradlaugh made his important motion that the House do not assent to the usual Sessional Order prohibiting the interference of peers in elections, his lordship actually offered him a committee for the following year to frame another Order instead, admitting that the existing one was habitually ignored. Bradlaugh, however, pressed the matter to a division, when 126 members supported him, the Liberal leaders voting with the Tory majority against him. His object had been, as the vigilant Newdegate noted, to take the "first step to getting rid of the House of Lords." By allowing peers to interfere freely in elections, he proposed to strike at their hereditary privilege. But the time for such a measure was not yet.
It was understood to be on Churchill's urging, again, that two months afterwards the Tory Attorney-General entered a stet processus in the still outstanding appeal to the House of Lords, thus ending an action which the Gladstone Ministry had declined to end at Bradlaugh's request. But Bradlaugh in no way slackened his hostility on this score. On 19th September, in a discussion on the committal of Father Fahy for using threatening language towards magistrates, he reminded the House how its leader had once declared in the House that the Crown could procure the decisions it wanted from certain judges. Churchill, entering the House later, and learning what had been stated, assured Bradlaugh that he had been entirely mistaken, and gave the statement an unqualified denial. On Bradlaugh saying he thought he was right, Churchill made the curious answer: "I am sure he cannot find anywhere a record of my having said such a thing." Bradlaugh immediately went to consult Hansard, and not finding the passage he had expected, came back and frankly confessed the fact to the House. But on turning back he found that he had made an equivalent statement in his letter to Northcote on 1st March 1884, and that Northcote, while disputing in his reply certain of Bradlaugh's assertions, lest he should be taken to admit them, did not dispute this. A more leisurely search in the newspaper files cleared up part of the mystery. Churchill had repeatedly said in effect what Bradlaugh had attributed to him. In at least three speeches (30th April 1883; 21st February 1884; 12th June 1884) he had directly and indirectly insinuated that the Government could get the decisions they wanted in a collusive action against Bradlaugh by bringing it before judges who had been Liberal Attorneys-General. What had apparently happened was that the noble lord had struck at least one passage out of the Hansard report when, according to custom, the proofs of his speeches were sent to him as to other members for correction afterwards. Having done this, he felt safe in saying that Bradlaugh "could not find anywhere a record" of such a statement on his part. It was a mistaken confidence; and besides publishing the newspaper extracts at the time, Bradlaugh later found an opportunity to pay off his score with interest.
In the October of 1886, meantime, he addressed to the noble lord an open letter of scathing comment on his policy, his tactics, his speeches, and his character. It contained the sentence—referring to "old English gentlemen"—"These belong to a class to which I, as well as yourself, am a stranger—I from birth, and you from habit;" and in reference to his lordship's language (outside) towards Mr Gladstone, it had the passage: "He has often been generous to you—the great can be generous. You might, in taking a leader's place, at least have for the moment aped a leader's dignity. Noblesse oblige; but no such obligation weighs on you; où il n'y a rien le roi perd ses droits." Yet even after this Churchill sought to make his personal acquaintance and disarm his resentment making repeated attempts to be introduced, and on one occasion actually intervening with a broad compliment in a conversation between Bradlaugh and another member in the smoking-room. Bradlaugh bowed with the old-fashioned ceremony which he adhered to in such cases, but would not further accept the obtruded friendship. He had, however, passed beyond his former disposition to square accounts with the lordling who had called his supporters the "mob, scum, and dregs." I once heard him remark that it was pitiful to see Churchill, with his fidgety, lawyer's-clerk manner and tactics, trying to rise to the dignity of the leadership of the House, trying not to twist his moustache all the time, and to listen to opponents like a statesman. And some story he heard of an act of generosity on Churchill's part helped further to disarm his never very vindictive hostility.
Nothing, indeed, could well surpass the magnanimity with which he put away from him all rancour for the endless insults he had received. New Tory members, expecting perhaps to see in him a truculent demagogue, were disarmed on finding a genial gentleman and comrade, who bore no malice, was excellent company, and played chess as sociably as skilfully. As the years went on, there actually arose a sort of enthusiasm for him among the younger Tories, more than one of whom assured him that they deplored the treatment he had met with at the hands of their party. Of course they did not suffer from the embarrassment of the Liberals at the prospect that the irrepressible Atheist, with his extraordinary gift for legislation, would possibly have to be included in the next Liberal administration.
This feeling began to arise very rapidly among the Radicals outside. His prompt success in securing the Labour Bureau, and in checking the practice of truck in Scotland and England, brought him immediate votes of thanks from labour organizations, though the press at this stage practised against him such a boycott that at a time when he was constantly speaking on the estimates, correspondents wrote deploring his silence in the House. The old tactic of ostracism was not easily unlearned; and the official Liberal journals, as the Daily News, for years on end sought to suppress the fact that it was he who had brought about the Labour Bureau. So anxious were such journals to keep him out of sight, that when the important return moved for by him as to market rights and tolls was issued, and had to be discussed, the News dealt with it elaborately without mentioning that it was Bradlaugh who had obtained it.
No conspiracy, however, could suppress general knowledge of such a mass of work as he got through, outside the House as well as inside. When it was not sitting, he was on lecturing tours, and I find that in the last three months of 1886, Parliament being in recess, he addressed nearly sixty political meetings in all parts of the country, in addition to his Secularist lecturing, which he never abandoned, though he devoted a larger proportion of his lectures to politics than formerly. In the House, besides working specially at his questions of truck and land cultivation and perpetual pensions, and serving on the committee to consider the effects of the Employers' Liability Act, he was one of the most generally industrious of legislators. All this strain was not for nothing, and at the end of the year we find him suffering from erysipelas and neuritis.
1887.
In the session of 1887, however, he went to work with unslackened energy. In a long speech delivered to a full house in the debate on the address, he attacked the Government on their permission of illegal truck practices, on their Egyptian policy, on their Burmese policy, and on their Irish policy. On the resignation of Lord Randolph Churchill, the new Commons leader, Mr W. H. Smith, continued the Tory policy of concession to the former victim of the party; and he was granted a Select Committee on Perpetual Pensions, himself being a member. The point raised by him last year as to peers' interference in elections was made the subject of investigation for another committee (of seven), moved for by the Government, and on this too he sat. The majority of the committee, of course, soon reported in favour of leaving the Sessional Order unaltered, Bradlaugh and Mr Whitbread dissenting. Meanwhile, he was continuing his attacks on the practice of truck, and got down for discussion a Truck Act Amendment Bill in addition to the Affirmation Bill which he had introduced when Sir John (formerly Mr Sergeant) Simon's came to nothing. In March, too, he took an active part with Mr Howell and Mr Labouchere in the attack on certain members of the Corporation of London, including, and specially, his own old enemy, Alderman Sir R. N. Fowler, for corrupt expenditure. In Fowler's presence Bradlaugh on his part "undertook to specifically connect the hon. baronet with the issue of City funds under conditions which compelled the knowledge on his part that they were corruptly used for the purpose of influencing the decisions of that House. He would prove that up to the hilt." And again he renewed his energetic action against the huge expenditure on Sir H. D. Wolff's mission to Cairo, a mission which, he declared, amid Radical cheers, to be a gross Conservative "job;" and he had the support of 146 members to his motion to quash the vote.
The charges against the Corporation were formally heard before a Select Committee of the House of Commons, Bradlaugh acting as prosecutor. Fowler, without really denying the charges in the House, had described them as "anonymous tittle-tattle;" and on the insufficiency of this disclaimer being pointed out, one of the ministers, Lord G. Hamilton, formally denied the charges on Fowler's behalf. Before the Committee—consisting of Lord Hartington, Sir Joseph Bailey, Mr Dillwyn, Mr Houldsworth, and Mr Stevenson—the statements made as to expenditure were proved,[191] as Bradlaugh had promised, "up to the hilt." Fourteen witnesses were examined by him; the City accounts for five years and other documents were closely gone into; and when the alleged payments could no longer be disputed, the defence (conducted by Mr J. Compton Lawrence, Q.C.) took the line of arguing that the challenged payments were within the right of the Corporation. They had been made during a number of years by way of resisting the popular movement for the reform of the municipal government of London. In the words of Bradlaugh:—
"£19,550, 10s. 10d. was proved to have been expended in financing Associations such as the Metropolitan Ratepayers' Association, Metropolitan Local Self-Government Association, Anti-One-Municipality League, and South London Municipal Association, described by Mr Howell as 'bogus' Associations, which were mostly started by paid agents employed by City officials, under the direction of, and with the knowledge of, the Special Committee; and which Associations were used as a means of creating a fraudulent, unfair, and collusive opposition to the proposed legislation for London municipal reform. Improper use and malversation of funds were also shown in promoting and carrying on collusive and fictitious charter movements in Lambeth, Woolwich, Greenwich, and other places in the metropolis, with the view of representing these to Parliament and to the Privy Council as spontaneous and bona-fide movements, when they were really only intended as opposition to the Government Bill. (The fictitious nature of the charter movement is especially illustrated by Mr Stoneham's answer: 'When the London Government Bill was dropped, the charter movements were let fall through by the City to a great extent.') Improper use was further shown in paying men to attend in very large numbers for the purpose of opposing, sometimes with violence, the meetings in favour of the reform of the Corporation; in paying for sham deputations, sham meetings in favour of the City, and for unfair reports which were published in the press; in procuring signatures to petitions," etc.
The most extraordinary thing of all was the fact that in the case of one municipal reform meeting in 1883, at least 2000 forged tickets had been issued, and their distribution was not obscurely traced to Corporation officials. In regard to this matter, Fowler was shown to have helped to evade inquiry when it was challenged at the time; and in regard to the improper expenditure, he was shown to have been officially cognisant; and though the Committee let off their fellow-member as lightly as they could, he had a very bad quarter of an hour under Bradlaugh's examination. One by one, the champions of the religiosity of the legislature against the Atheist had been shown to do their cause small credit in their persons. About the same time Bradlaugh took a leading part in exposing in the House a gross and systematic fraud in the preparation of a certain petition from Haggerston, signatures having been forged and invented wholesale, to the extent even of putting names of infant children and racehorses; and this again was done for payment made by City officials. But on Bradlaugh's side there was no subordination of the public to his private interest; and when, in April 1887, Newdegate died in the odour of sanctity, he displayed no vindictiveness in his comments on the local obituary biography, which of course dealt freely with his own name. "I am credibly informed," he wrote, "that, apart from his bigotry against Catholics and heretics, Mr Newdegate was a kindly country gentleman, well liked by those who knew him. I regret to learn from his biographer that he treated the six years' harassing anxiety and cost to myself, which he did so much to continue, as a subject for merriment."
In respect of his legislative work he was as successful as he was industrious. By the end of April he had got his Truck Bill into the Committee stage; and he secured from the Government, without a blow, the Royal Commission on Market Rights and Tolls for which he moved in a speech of an hour's length.[192] The manner of this success was singular. In the words of one Tory journal: "It was no secret that the Government intended at first to oppose Mr Bradlaugh's motion, but it gave way on receiving an intimation from a large number of Conservative members sitting below the gangway that, if a division took place, they would be compelled to vote with the junior member for Northampton." So oddly had the tables been turned. Yet he had in no way slackened his opposition to Tory policy. On the Coercion Bill he had made three forcible speeches, and he was always pursuing ministers with awkward questions. His success with the enemy was due simply to the irresistible impression he created of honesty and industry and single-mindedness. And when in May he made a merciless exposure of Churchill on the point above alluded to, of his old imputations on the integrity of Liberal judges, it did not appear that Conservatives failed to enjoy the proceedings. It was in the course of the privilege debate on the Times' articles on "Parnellism and Crime." Bradlaugh first elicited from Churchill a repudiation of one of his former utterances, and then proceeded to quote in full the passage from Hansard, with the now verified reference. Another challenge elicited another denial, and yet another quotation, with the reference. They were all ready for this occasion. "I am not responsible for Hansard," cried the noble lord, in much agitation; whereupon Bradlaugh added new and sharper punishment, going on to quote yet more of the damnatory passages from Hansard. "The noble lord," he went on, "was of opinion in 1884 that the courts of law were not fair tribunals," whereupon Churchill again indicated dissent. "It was perhaps," admitted Bradlaugh, "not quite correct to say that the noble lord was of that opinion—he only said it." And still the castigation went on, the House punctuating it with laughter, till Churchill rose and protested that in regard to his recent speeches on the Times question he had been utterly misrepresented. Whereupon "Mr Bradlaugh said he was not dealing with the noble lord's views—he did not know what they were. (Opposition cheers and laughter.) He was only giving the noble lord's words." At the close of the speech, which as a whole was unanswerable, Churchill rose to offer a "personal explanation" on the Hansard business. Delivered with anxious prolixity, it was primarily to the effect that in 1884 his speeches were "greatly compressed" in Hansard, "as is invariably the case with ordinary members," and that the compressed reports could not be taken as true and faithful. This gave Bradlaugh his final opportunity.