페이지 이미지
PDF
ePub

66

CHAPTER V

[ocr errors]

ADMISSION OF THE JEWS TO PARLIAMENT On the 15th May, Lord Palmerston moves for leave to bring in a Bill to alter the Oaths taken by Members of the House of Commons-His Speech-Sir F. Thesiger declares his opposition to the Measure-Remarks of Lord John Russell, Mr. Newdegate, Mr. Henley, and other Members-The Bill brought in and read a Second Time without discussion-On committal, Sir F. Thesiger moves as an Amendment to retain the words, on the true faith of a Christian "-Some of the Roman Catholic Members oppose the Bill, as retaining the distinction between the Oath taken by them and by Protestants-Speech of Mr. DeasyAnswer of Lord Palmerston to this objection-Sir J. Pakington declares his adhesion to the Bill-Speeches of Mr. Whiteside and Lord John Russell-After Debate, Sir F. Thesiger's Amendment, as well as one moved by Mr. Roebuck, are negatived by large Majorities— On the passing of the Bill a question is raised as to the eligibility of Jews to high offices of State-Mr. Seymour Fitzgerald proposes a Clause, disqualifying them for the office of Lord Chancellor, Lord Lieutenant of Ireland, and other high offices-Lord Palmerston assents to this Clause, which is inserted in the Bill-Strong protests are made against the Measure by Mr. Wigram, Mr. Newdegate, Mr. Bentinck, and other Members-The Third Reading is carried by 291 against 168-The Second Reading is moved in the House of Lords on the 10th of July-Speeches of Earl Granville, Lord Lyndhurst, the Duke of Norfolk, the Bishop of London, the Earl of Albemarle, and Lord Brougham in favour of the Bill, and of the Earl of Derby, the Earl of Shaftesbury, and the Bishop of Oxford against it-The Bill is thrown out upon a Division by a majority of 34-Lord John Russell makes another attempt to remove the Disability of Jews by moving to bring in a Bill to extend the operation of the Act 1 & 2 Vict. c. 106, giving a discretion as to the forms in which certain Oaths may be administered-Leave is given after considerable Debate and a Division in favour of the Motion of 246 to 154-Pending the progress of the Bill, a new solution of the difficulty is proposed, by applying to the case the Act 5 & 6 Will. IV. c. 62, which allows a Solemn Declaration to be substituted in lieu of an Oath-Lord John Russell moves for a Select Committee to consider the applicability of this Act to the case-Lord Palmerston assents to the Committee, which is appointed, and finally reports that the Act is not applicable to Oaths taken by Members of the House-Lord John Russell gives notice that early in the ensuing Session he shall bring the subject again before Parliament.-THE BALLOT-Mr. H. Berkeley renews his Annual Motion on the 30th of June-His Speech-The Motion is

seconded by Sir John Shelley-The Chancellor of the Exchequer and Lord John Russell speak in opposition to the Motion, which is rejected on a Division by 257 against 189.

THE

HE question of the admission of persons professing the Jewish religion into Parliament, which had been for so many years agitated without success, derived a fresh impulse from the general election, as well from the fact of Baron Rothschild being again returned by the City of London, as from the attention called to the subject and the pledges given by candidates to their constituents at the various elections. The alteration of the oath taken by members in the House of Commons, with a view both to the admission of Jews to sit and to the rejection of the absurd and useless abjurations which the existing form contained, was one of the first objects which Lord Palmerston announced among the measures of his Government for this Session. On the 18th May the House of Commons went into Committee for the consideration of this subject. Before stating the alterations that he should propose, Lord Palmerston apologised to Lord John Russell for taking out of his hands a question which he had dealt with in a manner that entitled him to great credit. He assured him that he now took up the subject solely because it appeared likely that the measure proposed would have more chance of passing if it originated with the Government.

The moment was peculiarly favourable for dealing with the subject, because every member had recently been compelled to subscribe to oaths containing many things repugnant to his feelings. The changes intended to be proposed applied solely to oaths taken

by persons not Roman Catholic; the object of the change being to relieve Christians from oaths they ought not to take, and do away with those words that exclude Jews from Parliament. After reading portions of the oaths with a running commentary, and explaining what he should keep and what throw away, Lord Palmerston read the form of the one oath, which he proposed to substitute for the three.

"I do sincerely promise and swear that I will be faithful and bear true allegiance to Her Majesty Queen Victoria, and will defend her to the utmost of my power against all conspiracies and attempts whatever which shall be made against her person, crown, or dignity; and I will do my utmost endeavour to disclose and make known to Her Majesty, her heirs and successors, all treasons and traitorous conspiracies which may be formed against her or them; and I do faithfully promise to maintain, support, and defend, to the utmost of my power, the succession of the crown, which succession, by an Act intituled An Act for the further limitation of the Crown and better securing the rights and liberties of the subject,' is and stands limited to the Princess Sophia, Electress of Hanover, and the heirs of her body being Protestants, hereby utterly renouncing and abjuring any obedience or allegiance unto any other person claiming or pretending a right to the crown of this realm: and I do declare that no foreign prince, person, prelate, state, or potentate, hath or ought to have any jurisdic

[ocr errors]

tion, power, superiority, pre-eminence, or authority, ecclesiastical or spiritual, within this realm." Lord Palmerston concluded with a brief recapitulation of the chief arguments for the admission of the Jews.

"The exclusion of the Jews is the last remnant of prejudice and intolerance with which we have to deal. What is it that you fear from admitting Jews to Parliament? Are you afraid that the admission of a few Jews will shake the Christian religion? Why, sir, I have heard of many Jews who have become Christians, but it never fell to my lot to hear of a Christian who became a Jew. The progress of mankind is governed by laws which admit of no retrogression. The Old Testament prepared the way for the New Testament, but the New Testament will never lead us back to the Old. Of what, then, are we afraid? We cannot for a moment suppose that the introduction into this House of a few persons professing the Jewish religion will at all affect the Christian character of the country. I am convinced that such members, from their knowledge and intelligence, would render us material assistance in our deliberations; their position as men of considerable property would be a guarantee for their interest in the welfare of the country; and by admitting them to Parliament we should carry out that system of liberal legislation for the establishment of religious liberty which has of late years made so much progress. I trust, therefore, that the House will give its most serious attention to this subject. Many Members of the House are unfettered by pledges, and are free to act upon their own judgment, I do trust that this

measure will be carried by a large majority of the House; and then, if the opinion of the House should be stamped upon the Bill in approbation of the principle it contains, I cannot but indulge the sanguine expectation that those obstacles which elsewhere have hitherto impeded the realisation of the ardent wishes of my noble friend the member for the City of London may give way to an impulse proceeding from a new House of Commons, and that at last we may have the satisfaction of giving the finishing stroke to that which has been too long delayed, but which I hope will now be conceded."

Sir Frederic Thesiger said he should not oppose the introduction of the Bill; but he wished, for the sake of consistency, that the Government had treated this question as it had treated all other questions of Parliamentary reform. Mr. Locke King was told the other night not to carry further his Bill dealing with property qualification. This was a question of oath qualification; why should not it also be postponed? For the benefit of the new members, Sir Frederic gave a history of the Jew question from 1831 to the present time. It was not a question of civil and religious liberty, but a question of power.

Lord John Russell, in reference to the apology offered by Lord Palmerston, said that he should have given him the same advice as those most interested in the question. The measure had a far better chance of success in the hands of Government; and as he only desired to see it carried, he could not feel at all envious. He briefly replied to Sir Frederic Thesiger. Sir Frederic was not under the ban,

England.]

and could talk at his ease about civil and religious liberty; but what would he say if it were proposed to exclude all the gentlemen of the long robe?-and there might be some plausible reasons for such a measure the saving of the time of the House, for instance-would he not exert himself to show that it was impossible for a House that respected civil liberty to exclude "a most respectable class of persons?" Lord John said he thought the Bill was now put in a shape that would best effect the object in view, and he should give it his hearty support.

Mr. Newdegate and Mr. Henley regretted that the removal of some useless phrases from the oaths had not been separated from the question of the admission of the Jews. After a few words from Mr. Locke King, leave was given to bring in the Bill, which then passed its first stage.

The second reading of the Bill
was passed by consent without dis-
cussion, with a view to taking the
debate on the committal of the
Bill. On the 15th June, this stage
being reached, Sir F. Thesiger,
pursuant to notice, was prepared
to move that the words at the end
of the existing oath, which contain
the profession of the Christian
faith, should be added to the pro-
posed form. A new objection,
however, was interposed by some
of the Roman Catholic members
of the House, who wished to get
rid of the distinction now existing
between the oaths taken by mem-
bers of their Church and by Pro-
testants, and to substitute a simple
declaration of allegiance and of
fidelity to the established settle-
ment of the Crown.

In an able and temperate speech,
Mr. Deasy stated that his object

107

was simply to place the Roman
Catholic members on a footing of
equality with all the other mem-
bers of the House. He said he
was actuated solely by a sense of
duty to his Church. There should
be but one test of admissibility to
the House-that of bearing true
allegiance to Her Majesty, and of
promising to continue that allegi-
ance in the line of succession
pointed out by the Act of Settle-
He asked them to abolish
ment.
the distinction that exists between
Protestant and Catholic, as Lord
Palmerston asked them to abolish
the distinction between Christian
and Jew. The oldest and greatest
of the Christian Churches should
not stand in an inferior position
to the unbelievers in our common
Christianity. If it is unnecessary
and offensive to exact from Pro-
testants an abjuration of the doc-
trine that sovereigns deposed or
excommunicated by the Pope may
be murdered by their subjects, and
a declaration that they take the
oath without mental reservation,
is it not offensive and unnecessary
to exact them from Roman Catho-
lics? Why not repose confidence
in the loyalty of the one as well as
the other? It is said that there
was a compact in 1829 that pre-
vented Roman Catholics from
seeking to alter the oaths: but he
denied that it was so; he quoted
Sir Robert Peel to show that Sir
Robert did not regard them as
necessary although he proposed
them, and Sir Charles Wetherell
to show that the oath really did
not restrict a Roman Catholic from
seeking to injure the Church Es-
tablishment. The formidable foes
of the Established Church are not
the Roman Catholics, but the Pro-
He showed
testant Dissenters.
that the Roman Catholic members

regarded the language of the oath as ambiguous, by quoting three different constructions put on it by the Duke of Norfolk, the late Mr. Shiel, and Mr. John O'Connell. It is now an opportune time for effecting a change that would not impair the security of the Church, and would gratify the gratify the wishes of millions of their fellowcountrymen. Mr. Deasy moved that the words" temporal or civil" should be substituted for "ecclesiastical or spiritual " in clause 1.

Lord Palmerston said that he should imitate the temperate tone of Mr. Deasy and avoid religious disquisitions. He thought it would be desirable, if practicable, that there should be only one oath. If he had power to frame the oath, there are parts which he should not think necessary. But the question was, not whether Catholics should be placed on a footing of equality with those now excluded, but whether, while Protestants are relieved from superfluous declarations, we should at the same time admit a section of our fellow countrymen who for years have been excluded from Parliament. Mr. Deasy should consider the question as one of prudence as well as principle. If he succeeded in altering the oath, it would cause the failure of the aggregate measure. Mr. Deasy said the oath was not a part of the general arrangement of 1829, and he quoted Sir Robert Peel; but the stronger the evidence adduced to show that the oath was not in conformity with the opinions of Sir Robert Peel, the clearer the inference that it was a compact between Sir Robert and those opposed to him-a bridge by which some might pass over to support the Bill-an arrangement that

would justify others in ceasing their resistance. Lord Palmerston trusted that the Committee would not acquiesce in the amendment.

"At the same time, I would add, that those who vote against this proposition do not thereby pronounce an opinion that the Catholic oath is exactly in all respects such as they would wish it to be; for I am sure that there must be many who think with me that there are things undoubtedly in that oath which are unnecessary, but that this is not the time for disturbing the settlement which was made in 1829."

Mr. Henry Drummond thought that the time had come for putting an end to these distinctions and trying the effect of confidence. Mr. Stapleton objected to the amendment because it would imply an acknowledgment of the ecclesiastical and spiritual power of the Pope. Mr. Walpole also opposed the amendment.

Mr. Roebuck said there was one quality of an oath that had entirely escaped attention-truth. Is it true, as the oath declares, that no foreign potentate has any power, authority, or pre-eminence, ecclesiastical or spiritual, within these realms? In the course of his life he had been twenty times called upon to swear an actual lie, for there is not a man in the House who does not know that the Pope does exercise ecclesiastical and spiritual dominion in the realm, nay in this very city. To declare that he does not, is swearing to a lie knowing it to be a lie; and as he disliked such formal lying, he should vote for the amendment.

Sir Frederic Thesiger said that construction of the oath astonished him. The oath involved a de

« 이전계속 »