Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh EditionRobertson, J. M. (John Mackinnon)
Religion
Charles Bradlaugh: a Record of His Life and Work, Volume 2 (of 2): With an Account of his Parliamentary Struggle, Politics and Teachings. Seventh Edition
Robertson, J. M. (John Mackinnon)
Bradlaugh, Charles, 1833-1891
It was within this period that he came before the public in a new
light, through having been challenged to fight a duel by a wild French
_député_, M. Laisant, who declared in the Chamber, 27th December 1880,
that he had precise information proving Bradlaugh to be a Prussian spy.
Declining to go through the ceremony of the duel, Bradlaugh invited
M. Laisant to lay the matter before a jury of honour of six--three
to be English M.P.'s of whom M. Laisant should name one, and three
French Deputies of whom Bradlaugh should name one. The matter, like the
regulation French duel, came to nothing. But Bradlaugh had a very real
fight before him at home.
§8.
Meanwhile the litigation forced upon Bradlaugh by the policy of the
Government was proceeding, heaping up debt and preparing disaster.
After some distant skirmishing on points of form, the action of Clarke
came on in the Court of Queen's Bench on 7th March 1881, before Mr
Justice Mathew (a Roman Catholic) who, being newly appointed, was only
that morning "sworn in." When the case was called, the junior counsel
for the prosecution applied for an adjournment on the score that his
leader, Sir Hardinge Giffard, was absent, and he, the junior, did not
feel able to argue the case. Bradlaugh curtly explained that "Sir
Hardinge Giffard has on more than one occasion refused to consult my
convenience," and declined to agree to the adjournment. Giffard then
appeared. Stripped of minutiæ as to demurrers and cross-demurrers, the
arguments were:--
For the plaintiff: That the defendant was not in law entitled to make
affirmation of allegiance as he had done, the laws permitting such
affirmation having been "intended" to cover only persons holding
religious beliefs--_i.e._ beliefs as to a Deity and a future state.
For the defendant: That the Parliamentary Oaths Act of 1866 expressly
provided that every person "for the time being by law permitted to make
a solemn affirmation or declaration instead of taking an oath," should
be entitled to make affirmation in Parliamentary matters; that the
Evidence Amendment Act of 1869 enabled any unbeliever to give evidence
in any court of justice on the presiding judge being satisfied that an
oath would not be binding on his conscience; that the further amending
Act of 1870 defined the term "judge" as covering any persons legally
authorised to administer oaths for the taking of evidence; and that the
Speaker was so authorised. Therefore defendant was entitled to affirm
allegiance. "I contend," said Bradlaugh, "that all enabling clauses in
statutes must be interpreted liberally, not restrictively, in favour of
the person claiming the benefit, and not harshly against him."
Public-domain text, read in full here on John Shaqi.
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