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
persons _already entitled_, like the Quakers, to make affirmation
"not on particular occasions but on _all_ occasions when they would
otherwise have to take an oath." Unbelievers not being thus already
entitled (having only the right to affirm as witnesses), Bradlaugh was
not entitled to affirm by the Act of 1866, read in connection with
others which did not give a complete qualification. That is to say, as
I understand him, Lord Bramwell argued that the Act of 1866 was meant
to give the right of affirmation in a particular case to persons who
already had it in all possible cases. It sounds sufficiently absurd,
and I may have failed to follow the reasoning; but I can arrive at
no other interpretation of his words as published. Lords Justices
Baggallay and Lush concurred. The latter put it that the "every other
person" in the Act of 1866 "must mean every other person in a like
position with Quakers," that is, persons having "a perfect immunity
from taking the oath in all places and on all occasions." "Therefore
I feel no doubt whatever that the true construction of this sentence
is that Parliament never intended to allow every person whomsoever
when elected to appear before the House of Commons, and on stating
that he had a conscientious objection to the oath, being permitted to
make affirmation." Nobody, as it happened, had ever said so. But Lord
Justice Lush's confident conclusion as to the intentions of Parliament
involves this: That Parliament, knowing there were Atheist members,
_deliberately chose to have them take the oath, rather than let them
make affirmation_. To this outrageous conclusion all these judges are
shut up; for there is not a word in any of the Acts about excluding
Atheists; and if the "intentions" of the legislature are to be looked
for--thus argued Sir Hardinge Giffard in this very case--"the language
must be clear and unequivocal." So say we all. But the judges expressly
inferred exclusive intentions from the mere absence of special detail
in the inclusive language. They would not infer friendly intention
from friendly language; but they would infer hostile intention from no
language at all.
[Footnote 150: Bradlaugh put the technicalities thus to the Lord
Chancellor in the Court of Appeal on 27th March:--"There are issues of
fact untouched by the demurrer, and there is the first paragraph of the
statement of defence, on which I may possibly defeat the plaintiff even
should the allowance of the demurrer be maintained."]
Public-domain text, read in full here on John Shaqi.
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