HC Deb 26 July 1858 vol 151 cc2105-15
MR. SPEAKER

Any hon. Member who desires to take his seat will please come to the table to be sworn.

Baron LIONEL NATHAN DE ROTHSCHILD

returned as one of the Members for the City of London, came to the table, and was about to take from the Clerk at the table a copy of the Oath prescribed by the 21 & 22 Vict., c. 48, passed this Session, when

MR. WARREN

rose and said: Mr. Speaker, I rise to order. I wish to ask you, Sir, whether notice was not necessary before—["Order! Chair!"] Sir, I rise to order—

MR. SPEAKER

Order, order! The taking of his seat by an hon. Member is matter of privilege, and ought not to be interrupted by any discussion whatever.

The prescribed form of oath was again tendered to BARON DE ROTHSCHILD by the Clerk,

BARON LIONEL DE ROTHSCHILD

Sir, I beg to state that, being a person professing the Jewish religion, I entertain a conscientious objection to take the oath which, by an Act passed in the present Session, has been substituted for the oaths of Allegiance, Supremacy, and Abjuration, in the form therein required.

Whereupon the Clerk reported the matter to Mr. SPEAKER, who desired Baron LIONEL NATHAN DE ROTHSCHILD to withdraw; and he withdrew accordingly.

LORD JOHN RUSSELL

My object in rising, Sir, is to move a Resolution in conformity with an Act recently passed. (21 & 22 Vict. c. 49). It is as follows:— That it appears to this House that Baron Lionel Nathan de Rothschild, a person professing the Jewish Religion, being otherwise entitled to sit and vote in this House, is prevented from so sitting and voting by his conscientious objection to take the Oath which, by an Act passed in the present Session of Parliament, has been substituted for the Oaths of Allegiance, Supremacy, and Abjuration, in the form therein required.

Mr. J. A. SMITH

seconded the Resolution.

Question proposed.

MR. WARREN

Mr. Speaker, it is with great reluctance and regret, and contrary to my own previously-declared determination not to open my lips again on this question, that I rise to address a few observations to the House. It has now arrived at a very grave crisis in its constitutional history and that of the country, and a sense of duty will not allow me to remain silent. I have already, and very lately, as an humble member of the great Conservative party, entered my most solemn protest against the step which the Legislature was about to take in this matter, and have but little to say upon this momentous occasion. This House is about to consummate that great constitutional change in the character of the House which it has so lately been empowered to effect, and to take upon itself the entire responsibility of admitting into the representative branch of the Legislature a gentleman who has this moment declared that he cannot take—that he cannot be bound by an oath administered on the Holy Gospels—an oath which has been so long taken by all other Members of this House, with the exception of those who, though Christians by profession, were permitted, in deference to their religious scruples, to use a different form of oath or declaration. Sir, this is to me a most painful and distressing moment—but I cannot help myself; and, in accordance with what my conscience tells me is my most imperative duty, I am resolved to take the sense of the House upon the proposed Resolution. Lest, however, any one should do me the grievous injustice of supposing that I am, at a moment so painful, actuated by considerations of a personal nature with respect to either Baron Rothschild or the ancient race to which he belongs, I beg now most emphatically and truly to disclaim any such feelings. With reference to that gentleman, I must take this opportunity of declaring, that never in my life did I hear a whisper of even an insinuation against his character—of anything inconsistent with that reputation for purity, that spotlessness of character which Baron Rothschild enjoys. He occupies, deservedly, a high social position in this country; and I can only say again, that, while compelled to oppose the Resolution of the noble Lord opposite—to resist him to the last on this question—I have not in my heart one particle of animosity towards either the Jewish race or that representative of it now seeking admission into this Christian Legislature. If it be really the deliberate will of this House of Commons, as it has undoubtedly been declared the will of the Imperial Legislature that they may, if they think fit, exercise a privilege which I for one regard as so dangerous, I have nothing more to say; but in the meantime I beg, though I should go out alone into the lobby, to meet the Resolution of the noble Lord with a direct negative.

Mr. WALPOLE

I do not think my hon. and learned Friend could have caught correctly the terms of the noble Lord's Resolution. It is simply declaratory, in terms of the new Act, of a matter of fact which neither my hon. and learned Friend nor any one else will contest, and does not admit either Baron Rothschild or any other member of the Jewish persuasion to a seat in this House. I hope, therefore, that my hon. and learned Friend will not put the House to the trouble of dividing at the present stage of the proceedings.

Mr. WARREN

I am much obliged to my right hon. Friend, and shall not press for a division on this Resolution. I had not caught the exact words of it and was taken altogether by surprise by the whole proceedings of this morning. I therefore withdraw my Motion.

Resolved,That it appears to this House that Baron Lionel de Rothschild, a person professing the Jewish Religion, being otherwise entitled to sit and vote in this House, is prevented from so sitting and voting by his conscientious objection to take the Oath which, by an Act passed in the present Session of Parliament, has been substituted for the Oaths of Allegiance, Supremacy, and Abjuration, in the form therein required.

LORD JOHN RUSSELL

I now rise, Sir, to move a Resolution in pursuance of the Act which received the assent of Her Majesty on the 23rd instant, and which is entitled "An Act to provide for the relief of Her Majesty's subjects professing the Jewish religion." In order that the House may be fully in possession of the words of the Act I shall now read them. By the first clause it is enacted that— Where it shall appear to either House of Parliament that a person professing the Jewish religion, otherwise entitled to sit and vote in such House, is prevented from so sitting and voting by his conscientious objection to take the Oath which by an Act passed or to be passed in the present Session of Parliament has been or may be substituted for the Oaths of Allegiance, Supremacy, and Abjuration, in the form therein required, such House, if it think fit, may resolve that thenceforth any person professing the Jewish religion, in taking the said Oath to entitle him to sit and vote as aforesaid, may omit the words 'and I make this declaration upon the true faith of a Christian.' It is not necessary to read any further. I propose, in conformity with those words in the clause, "such House, if it think fit," to move a Resolution as nearly as possible in the terms of the Act itself. Of course, I shall not now raise any question as to whether a Jew should sit in this House. That question has been repeatedly argued, and it has now been decided by Parliament, at least to the extent of leaving it to either House to act as it may think fit. I therefore content myself with moving: "That any person professing the Jewish Religion may henceforth, in taking the Oath prescribed in an Act of the present Session of Parliament to entitle him to sit and vote in this House, omit the words 'and I make this declaration upon the true faith of a Christian.'"

MR. J. A. SMITH

seconded the Resolution.

Motion made and Question put, That any person professing the Jewish Religion may henceforth, in taking the Oath prescribed in an Act of the present Session of Parliament to entitle him to sit and vote in this House, omit the words, 'and I make this declaration upon the true faith of a Christian.'

Mr. WARREN

Now, Sir, the time has arrived at which I may make my Motion, and state that I shall take the sense of the House upon it. It is, of course, not necessary for me to repeat any of the observations I have already offered, but must beg the House to regard them as having been offered in opposition to the noble Lord's present Resolution, which I now meet with a direct negative.

LORD HOTHAM

Sir, I do not intend to occupy the time of the House for more than one or two moments. My object is simply to explain the reasons of the Vote which I shall feel it my duty to give. I have always found myself conscientiously under the necessity of opposing the admission to Parliament of persons professing the Jewish religion. I have done so upon principle, and without the slightest particle of personal feeling. As Parliament, however, has decided against my views of this matter, I did not come down to the House to record any further vote on this question, but to take part in the discussion of other business; but, being here, I have to consider what course I ought to pursue. The part I have hitherto taken renders it impossible for me to concur in the Resolution of the noble Lord; while I cannot withdraw and abstain from giving any vote upon the question. I do not think it would be either an honest or a straightforward mode of proceeding, to shrink from expressing my opinion on a subject, with reference to which I think so strongly. I am therefore reduced to the necessity, without the slightest personal feeling towards Baron Rothschild, of going into the lobby with those who are resolved to meet the Resolution with a direct negative.

MR. HADFIELD

said, he had never been able to account for the prejudice which influenced hon. Gentlemen opposite in their hostility to the Jews. In his opinion the world was more indebted to that particular family of the human race than any other nation or people that ever existed. Hon. Gentlemen talked of excluding the Jews as a matter of Christian principle. He would say, let them endeavour to Christianize themselves by following the example of Him they all reverenced as the great messenger of peace, charity, and toleration, and who directed that the Gospel should be preached to all men—but to the Jew first. He regretted that this prejudice towards that family of the human race, to whom we were so deeply indebted, should have so long continued, but rejoiced in the opportunity of taking part in the removal of the Just of the disabilities which that prejudice had in this country inflicted upon them. He looked upon that occasion as a great triumph for the cause of religious liberty.

MR. WALPOLE

Sir, when first this question was brought before the House expressed my opinion, and I have never shrunk from that opinion since, that it was a religious rather than a political question. I thought from the first that the Legislature of this country, being admittedly a Christian Legislature from the earliest time, was not a body into which a person professing the Jewish religion could properly or conscientiously be admitted. I merely mention that for the purpose of showing, that now that the time has come for this House to determine how it will act, it is impossible for me not to feel, while admitting that Parliament has given us the power to seat Baron Rothschild on our own responsibility, that considering the opinions I have always held, I cannot be a party to the proposed Resolution. One or two words more and I have done, for I do not wish to raise any controversy on this occasion. I cannot disguise from myself that the person whom the House is now about to seat has this very much in his favour—that throughout the whole of this controversy he has never attempted to act in a manner contrary to the law of the land or to the rules of this House. I think it due to Baron Rothschild that I should say so much. I agree in the observations made by my noble Friend (Lord Hotham) when stating the reasons which would compel him to vote against this Resolution, and I shall go into the lobby with my noble Friend. There is one other observation that I would make. The hon. Members who advocate the admission of the Jews think that they are now closing this matter; but in point of fact they aro not. The course taken by Parliament in reference to this question is a course which in my opinion cannot be too much deprecated. I, for one, am extremely sorry that if Baron Rothschild, and those who like him, profess the Jewish religion, were to be admitted into the Legislature at all, they were not admitted frankly, plainly, and honestly, by a declaration made by Parliament in the form of an Act of the Legislature, instead of in a mode which I am afraid we shall hereafter find cause to regret.

MR. SPOONER

Sir, the hon. Member for Sheffield has charged those who oppose the admission of the Jews into Parliament as so acting in consequence of a prejudice against the Jewish people. I, for one, utterly deny that. The Jews are a most interesting nation—interesting, if we look to their past history, and more so if we contemplate their future destiny. No, Sir, we are not actuated by any prejudice against the Jewish people as a nation, or from personal objection to the respectable individual who now presents himself for admission. There cannot be a second opinion with regard to that gentleman personally. He has the respect and esteem of all who know him, and especially of those who possess his friendship. What does actuate those who oppose such admission is the full and decided conviction that a Christian assembly like this Legislature should be wholly Christian, if we expect what we pray for—the blessing of Almighty God on our exertions to properly direct the affairs of a free and Christian people. The hon. Member for Sheffield (Mr. Hadfield) who so much rejoices at the House of Lords having given their consent to the admission of Jews to this House by a simple Resolution, has not made one word of objection to the Reasons which came down from that House for having rejected that clause of the Bill which permitted the Jew to take his seat in this House—which Reasons declared, in emphatic terms, that the Jew was morally unfit to sit and legislate in a Christian Legislature. I beg to express my full concurrence in those Reasons, and therefore I cannot give my vote for admitting a person whom those Reasons declare to be totally unfit for admission into this House.

MR. NEWDEGATE

I confess, Sir, I was not aware, till a few minutes ago, that this Resolution was to be proposed to-day; and having had no notice that such a course would be taken, I arrived rather hastily. It is not my intention to detain the House by any lengthened observations; but I wish to say one or two words before the Resolution is put from the Chair, in reference to the conduct of the House of Lords, which I think has been very much misunderstood. What the House of Lords have done, Sir, is this:—They have placed this matter, which affects the constitution of this House, entirely in the hands of this House, at the same time retaining the strong conviction which that noble assembly has consistently and conscientiously acted on for eleven years. They have recorded the fact that their conscientious opinion on the subject of the admission of Jews was unchanged, at the same time that they thought it quite consistent with their duty and quite consistent with the constitution of the country to cease to interfere with what concerns the composition of this House alone. I think it due to the House of Lords that their conduct should not be considered as disrespectful to this House, when they thought fit to place the constitution of the House of Commons in the hands of its Members. With regard to my own course, deprecating as I do any attempt to admit the Jews into this House, I shall continue to act on those views which have hitherto influenced me, and record my vote against the Resolution.

MR. FOX

remarked, that the well-merited acknowledgment of the right hon. Gentleman the Home Secretary that Baron Rothschild had never throughout the whole of this controversy attempted to contravene the law, might with equal justice have been applied generally to the body to which he belonged, for it was a principle of the Jewish religion that, wherever they might be carried away captive, or in whatever country their lot was cast, they must respect the law as established, and pray for the peace and order of the country serving as their temporary home. To that rule they had always adhered. With regard to their moral unfitness he would remind the House of Lords, and those who used that argument, that the moral law of Judaism was the moral law of Christianity. For himself he would rather that this concession had been made upon the simple and broad ground of religious toleration instead of as a matter affecting the constitutional right of the House of Commons to make rules for the admission of its own Members. He concurred in the opinion of the right hon. Gentleman (Mr. Walpole) that the question was not closed. It must again come under consideration upon the direct ground of religious toleration. But in the mean while it was most absurd to talk of constitutional government while Her Majesty remained the ruler of 180,000,000 of people, not one of whom was qualified to raise his voice in that House to state the grievances of his fellow-countrymen, They talked of the Christian character of the Parliament. There were two different ways of showing their Christianity. One way was by their words and oaths, the other and better way was by their deeds; and he was satisfied that, whatever their professions, they would never act up to the spirit of a Christian Legislature until they were influenced by feelings of toleration and respect for the opinions of others.

LORD JOHN RUSSELL

It is not my intention to detain the House, but the right hon. Gentleman the Secretary of State has made one or two observations which seem to call for some remark on my part. The right hon. Gentleman, in the first place, has objected to the mode in which this question has been settled by Parliament. I beg him and the House to recollect that that mode of settlement was not proposed by the advocates of the admission of Jews, by those who have rested the question upon the ground of civil and religious liberty, but by those who have hitherto been the chief opponents of the measure which has now happily proved successful. It was supposed—I know not for what reason—that it would prove more acceptable to those who still oppose the admission of Jews than any other mode that could be suggested; but, I repeat, it was not our choice, but the choice of the other House of Parliament. The right hon. Gentleman made another objection. which I should be sorry to think well founded. He said that this was not the end of the question. After the discussions that this subject has under- gone—after so strong an expression of the opinion of the House of Commons as we have had during the present Session—I do trust none will hereafter attempt to deprive the Jews of the privilege which we are about to confer upon them. Undoubtedly it will be in the power of anybody to do so by moving to rescind this Resolution or by some other mode; but I trust that what we are now doing, being in conformity with the general wishes of this House as representing the country, there will be no change in the policy of Parliament upon this subject. I have nothing further to say. The right hon. Gentleman having frankly and truly acknowledged that Baron Rothschild has never attempted to infringe the law, I am hound to state, on the other hand, that those who have opposed the admission of Jews have done so from no personal or unworthy feeling, but simply in the discharge of a duty imposed upon upon them by their consciences. I rejoice at the success which has attended our efforts this question, and believe that the principle of religious liberty has made great progress.

Question put, That any person professing the Jewish Religion may henceforth, in taking the Oath prescribed in an Act of the present Session of Parliament to entitle him to sit and vote in this House, omit the words, 'and I make this declaration upon the true faith of a Christian.'

The House divided:—Ayes 69; Noes 37; Majority 32.

List of the AYES.
Adair, H. E. Grey, R. W.
Akroyd, E. Hadfield, G.
Anderson, Sir J. Hamilton, L. C.
Ayrton, A. S. Hayter, rt. hon. Sir W. G.
Bagshaw, R. J. Headlam, T. E.
Baines, rt. hon. M. T. Henniker, Lord
Baring, rt. hon. Sir F. T. Hope, A. J. B. B.
Bass, M. T. Jervoise, Sir J. C.
Berkeley, hon. H. F. Kelly, Sir F.
Bonham-Carter, J. Kinglake, A. W.
Brady, J. Langton, H. G.
Buchanan, W. Lennox, Lord H. G.
Byng, hon. G. M'Cann, J.
Calcraft, J. H. Melgund, Visct.
Calcutt, F. M. Osborne, R.
Cardwell, rt. hon. E. Rich, H.
Clifford, Col. Ridley, G.
Codrington, G. Roebuck, J. A.
Colebrooke, Sir T. E. Russell, Lord J.
Cox, W. Russell, A.
Craufurd, E. H. J. Smith, rt. hon. R. V.
Crawford, R. W. Smith, A.
Cubitt, Mr. Alderman Somerville, rt. hon. Sir W.
Dalglish, R. Stapleton, J.
Davey, R. Thompson, Gen.
Davie, Sir H. R. F. Trelawny, Sir J. S.
Dillwyn, L. L. Vane, Lord H.
Disraeli, rt. hon. B. Villiers, rt. hon. C. P.
Duff, M. E. G. Westhead, J. P. B.
Dunbar, Sir W. White, J.
Duncombe, T. Wickham, H. W.
Dunlop, A. M. Williams, W.
Elphinstone, Sir J. Wilson, J.
Forster, C. TELLERS.
Fox, W. J. Smith, J. A.
Greer, S. M'C. Knatchbull-Hugessen.
List of the NOES.
Adderley, rt. hon. C. B. Knatchbull, W. F.
Arbuthnott, hn. General Knightley, R.
Bernard, hon. Colonel Knox, Colonel
Blackburn, P. Manners, Lord J.
Bridges, Sir B. W. Miller, T. J.
Cairns, Sir Hugh M'C. Mills, A.
Cecil, Lord R. Mowbray, rt. hon. J. R.
Collins, T. Newdegate, C. N.
Cooper, E. J. Nisbet, R. P.
Cross, R. A. Noel, hon. G. J.
Du Cane, C. Peel, rt. hon. General
Du Pre, C. G. Spooner, R.
East, Sir J. B. Taylor, Colonel
Egerton, W. T. Vance, J.
Fellowes, E. Walpole, rt. hon. S. H.
Gard, R. S. Whitmore, H.
Hamilton, G. A. Yorke, hon. E. T.
Hardy, G. TELLERS.
Hodgson, W. N. Warren, S.
Joliffe, Sir W. G. H. Hotham, Lord
Baron LIONEL NATHAN DE ROTHSCHILD

being again come to the Table, desired to be sworn on the Old Testament, as being binding on his conscience:—Whereupon the Clerk reported the matter to Mr. Speaker, who then desired the Clerk to swear him upon the Old Testament.

Baron LIONEL NATHAN DE ROTHSCHILD

was sworn accordingly, and subscribed the Oath at the Table.

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