The Express.
London, England, 1856-06-24 00:00:00

(Stamped Id. Additional.) [TWOPENCE.

of Eogland." This was the opinion of one of the moot 1 d
of our judges, an attempt to answer which was made on
a former occasion ; and what we. that answer ? It was an
answer attempted by a noble friend of mine who sits on the
bench., opposite, who said that if the Jews wire not
exprusly secluded, it was because parliament took their sx•
elusion for granted, sod that therefore they were to be
Madly excluded. So that wb , by any mistake,
parliament omits to legislate, we ►re to consider it to ban
legislated, especially when it is a Cale of penalties and disabi-
Mu. (Hear, hear) B then the substratum is wanting.
I dimly that in the act of William 111. they were supposed
to be excluded. There wen then in the government a man
whose learning and eloquence has Levee been exceeded, I
mean Lord Bram, and it would be extraysgemt to suppose
that he would bare allowed the act to pass with such an
intention without observation. Nay more, in consequence
of some vulgar notion that got abroad some years after re-
specting the position of the Jews, an opinion was taken of
Talbot. afterwards Lord Chucellcr, and Raymond, after-
wards Lord Chief J ustice, and they stated with reference to
the disabilities of the Jews, that they were in all respects pre-
cisely in the some situstien as any other natural born sub-
jects if this empire ; to that tt ere is no ground for the sup-
position that they were contemplated by the oath. (Hear.) I
do not wish to detain your krd.hips with lengthened quota-
' boos, but there is an opieice of another distiegukhed judge
who decided the ease in the E h- quer, to which I must refer.
The subetanee of that opinion is that if it be tight to exclude
professors of the Jewish faith, with respect to which be
1 offers no opinion, it would be mon consistent with the as-
! rioter of this country and its parliament to minds them by
direct legislation rather than by the usual expreseion
of an Act of Parliament
them, and which wee intended for another object
and • different clue of pi none. (Hear, hear)
For the rule of construction applicable to all acts is to ucer
tain what were the intentions of the legislature; you are
not to construe an act so as to derive from it some object
which is rot consonant with its plain intention, above all,
you are not to construe it so as to make it contrary to its
t , a bill of pains and penaltke. But if you get rid of
these words, "On the true faith of • Chrietian," what will
be the effect ? You will un-itiristisniss the legislating. I

have beard that argument insisted on with grist psr tinatity,
and in • great variety of forms. Is it meant to be said
that duriag the reign of William 111., when that pre-
cise oath did net exist, the parliaments were
lets Christian? or that the House of Commons was
less Christian than the Hons. of Commons of the present
day ? (Hear, hear.) Noy further, look beck to the reign
of Edward VI., • reign remarkable for its aliens theta
ter. No each words as these formed part of sty oath re-
quired to be taken at that tints ; and because it that, are
we to say that parliaments in the reign of Edward VI.
were less pious than at the present moment? The aims
argument may be repeated in coatiezion with the long
reign of lUisalieth. I have also beard it said that it is in.
consistent with propriety that • person of the Jewish faith
should be a member of the Christian legislature of a Chris-
tian country. I have heard this oser and over again re •
peated ; I believe it had its origin with a right rev. prelate
tor whom I have • great aspect, who I regret now not
to see in his place, and that toe more because of the cause
of his abeenee—l allude to the distinguished metropolitan
bishop. New, I have always heard it said, Be cautious of
an argument embodied in • phrase, for it is weed to ci.ver
some fallacy. Boatels* the phrase, "the Christian legit.
later* of • Christian country." No doubt this is a Christian
country. What is meant by that?—it means a country of
which the great portion of the inhabitants are Christmas—
of which the government is Christian—of which the estab-
lished church is Christian. But it is not to be said that
there are none others than Christians here. Nor is it con-
tended that those who are not Chrtitians are to be put
utterly out of consideration. We find that those of the
Jewish faith are possessed of all the rights of citisenehip,
and are liable to all its duties. Why, then, should
they not be reprecrated in the Christian legislature
in • proportion similar to the numb rs in this Christian
country? (Hear, hear) A member of the Jewish faith is
required to fill onerous offices. You call epos him to fill
the office of sheriff. If • Jew is chosen sheriff of London or
Middlesex and does not octopi the office he is mulcted in •
heavy fins. A member of the Jewish faith is bound to
serve an juries ; nay more, we h.ve placed them in • Insi-
des to riminister the law ; we have placed them in the
musisipal corporations of the country, and I charge any
person to say whither they have not performed the duties
Incident to this office as well as those oher British subjects
who have previoaily filed them. (Hear, hear) There
is at this time • gestlemats of the Jewish faith
at the heed of the magistssey of this metrop3lis,
and I sea festlesely put it to any of your lordships
to sky whether in indialgecce, impartiality, beam:-
lents and splendid liberality, that gent'emen has been
slap:Ned by any of h.s predict soon In office. (Hear, hear.)
I have heard • remark, I confer with surprise, of this do-
ariptica, that it was a strange spectacle that • Jewish
ehief magistrate should attend at fit. Paul's on the day
when a solemn thanksgiving was offered to Almighty God
for the restoration of the blowoutss of peace. I, my lords,
hays been present at the performance of divine worship in
eathedral., when the fan of worship and the doctrinal
taught differed widely from the religion which I hold to be
true ; but, notwithstanding, when I have seen myself our•
weeded by Dumber; who gave praise to God according to the
manner which they in their consciences devoutly beloved to
both. true one, I confess that I have felt myself stirred with
feelings of religious emotion, whch I should seek in vain
to describe to your lordships. (Hear, heat).
.Again, the
phrase to which I aye referred, that it is toconsistest
with r` ht that a gentians of the Jewish faith should be
• member of the Christian legislature, enunciates • prin
ciple. If it Is • principle it ought to be acted upon with
uniformity. Let us see bow it is acted as. I remember,
some years ago, upon the union of the two provinces of
Canada, the coustatu'ion of that colony was considered in
I this house. Many right reverend tr.lates were pretest,
' for questions deeply affecting the interims of the church
were nadir dismission. Is Unmade less a Christian country
than England, or was its legi.lature lie, Christian than our
own? But no person hid, when the discussion to which I have
retorted took piece, proposed to insert • class prev.inung •
1 Jew irons sitting in tics Canadian legislaturieThis is the more
rersaiksb:e, bitter* the attention of parliament must have
bees celled to the matter; for when the to'osy was divided,
a gentleman ef the Jewish faith sat in the House of Repro-
eartaiives, and was one of its most distioguished members.
And yet the principle, if true principle it be, ought to he
acted up in everywhere and oonstaelly. Theme, however,
to whine I refer, took plies some t. me heck; many of your
lordships may not remembei or may have forgotten it. But
within a very few year. we have giant • constitution to
Australia, to New Zealand, to the Ceps of Gold
Hops—all Christian countries, all Christian legislature., but
rot one of them bound to exclude a Jew from being one of
their representatives. It has been said, "No such claw
would have bees rased; such an attempt would have been
negat'ved by the legislature." Arid yet you are now taking
hold of • fragment of an set to do tt at which other wise you
are unable to do. (Hear, hear) It has also been said, it
persons of the Jewish faith tit in parliament, how
meld they inapt of qsations effected by religious conside-
rations ? That argument was urged with great effect sad
eonsiderable ability when the claims of cathodes were under
conelderat'on ; but in that case it was fogad tube ding,
even though applied to • sect which feels it its duty to prose-
, lytise, and which Icoks upon the Boglish church as peuesairg
places and tetopsrelities to which it lays claim. But how
widely different is the case of the Jews. They have no de.
sire to make converts—their principles are °acad toit ;

they have se claim ro your temporalities; they are inoffen-
sive; not desirous at all of interfering with yam religion,
but solely minions to be allowed to wiinsbip God ace aiding
le the rule of the Mosaic law. We have a mains at law
" de miaimis non carat Is. ;" I wish I could apply the
was rule to the arguments of thaw who oppose this mea-
sure. As I cannot do so, I must answer an observation which
has been made; which, however, I. so trivial se en argu-
ment that I only notice it because it is founded cn • misappre-
heasion of foot. I have heard this said, " How can • pima of
'ldeJewish faith properly fulfil the duties of a 1111111007 of tbe
Ikon of COMINIOSS ? COMM (tam of that house, elect on
MOMMlbrits especially, are sometimes hound to aft is die in
am% end • Jew meld not attend a sitting upon • Bator-
illey." Now I have been in communication with the high-
est sathoritim urn the subject, and 1 find that such a
matement has no faisdatioss in fact. There is nothing in
lie Jewish religion pre sting the doing of such • duty as
to. Sabbath, and two parsecs is the Ta.mad have been
polluted oat to use which appear sufficient authority for the
statements which I have beard. la truth this is a question
which assets not religions but civil r ghn, and,
in cosmica with this, I assist mailed your lord-
ships that you bus sot templed to form others
tends that whi.h you do not do yourself. The noble lord
wont' rd Clarendon) ben had some argument with the
raskisti goverment, and has no doubt pet it to theta tow
egad they thus deal with their Christian subjects ; that
re qaestioa was one of anvil rights, not of religious opt-
imises, sad he has thus urged them to admit them Chris-
tmas to equal rights with their Mentalism fellow subjects.
Thins* argiumests, backed no doubt by something which
will sot now stop to allude to, have proved amesseful, and
by the Hatti-Scherilf now in form, Christians and Memel.
sus are cm an meal footing. I souse' your lordships to
take sample by this, and not 'o force precepts opal others
*Wok you fail 1.11 preedsing y7omrmlvse. My lees, there
la sew • bill wpm per • table, the erasable of
wheel MOM " IMAM 410e1;ary to the Welt of
teas edleles dies the ISNISSO ehiskl be subject to disabili-
ties es assent of that flews of wesettip." TIM bill bas
bees as your table elf Mee weeks; it kw boos refers's' to
the Rusin Law Oessolesks, • bay .setae/ sf the
ligluNtsifsl.msgolost witkeettlee is IN land 11tas
peaseslisys ikl. yea with tbe peasello s•
and Who sulsolpie disk it easselates, mad upon ;MOM
pew pos sew to ea% Soy Imo takes their high stinetkren I
lbs. times en Irks with eosatkles like
ems es Mm J.wlok nee. 1 kap% liowsmer. that *isle eis

• of the prejudices of • former time which tas almost passed
away. For my own part, I cannot but view them u • meet
remarkable people, calling firth widely duff. rert feeliogs.
Even when in captivity at Babylon we find them before long
high in the confidence and service of the conqueror,. When
we come to more modern times, and consider the cue of
Spain, we find them for many pan overwhelmed by
oppression sad kept in obscurity ; but the moment that
oppreuion ceased end • liberal eystem was introduced, they
came out from their obecurity, aid in the sent three cen-
turies were distinguished in literature, tele Lee and the
arts. In still later times we find their history the same. Is
there, thee, ground for defies to point the Sieger of scorn
at these our fellow-subjects t For let it riot be I, at eight of
for a moment that these are British sutj, eta for whim I
am now pleading—not asking • fsvour, but contending for
a right. (Hear, hear.) My lords, I have always considered
this huge av the eafegue rd of the people against rash and
hasty legislation. But, myilords, to stand se &barrier egainat
bills coming repeatedly from the otter tomer up. n a sub-
ject deeply affecting the constitution of the other house
itself, only calling for legislation through the i ..ion
of an act of parliament, is, I consider, incocsist, at with
tree policy, and contrary to the fundamental principles of
the constitution. The principle upon which Via bill is
founded has bean several times affirmed in the other house
of parliament, after debut' in a hick the highs et ornaments
of that house bays taken coupicuous part. The first bill
upon this subject eras introduced in the other bowie by a
distinguished member, to whom, is the opinion of many
of your lordship, ranch of Ike prosperity of the country
might be tread. From that time to the Resent may
have been the bills which have ben brought
to your lordships' bar. 1 would urge upon yen
the impoliey of linger opposing their 'progress.
My lords, it has been made en argument by
those opposing of this dissuasion, that an removing
the disabilities which pus upon the Jews we are acting
in contravention of the prophecy under whuci they labour.
No doubt If a man looks to a prophecy, and deliberately
takes means which arc rdiog to his judgment would tend to
its falsification, nothing could justify hint in each an set.
Bat we know to little of the mysterious ways of Providence
that we should commit a grave error if we were to be guided
by any interpretation which we might plat.. upon proitiecy,
inetead of surrendering mule's to the dictates °f lutist*
and charity. We have succeeded in establishiog an tere-
ditary and landed monarchy connected with representstive
bodies and liberal institutions. We have advanced, though
by slow and cautions steps, to cur present system el c v l and
religious liberty. There is one defect only in that system,
one blot—the subject now under coosioer,tion. Let us
remedy this last defect, or rather let us tear the defect itself
from the statute book, and make perfect that system which
L founded on that eternal principle of justice—the inde-
pendence of civil rights and religious opinion. (Cheers.)
Earl STANHOPE moved as an amendment that the bill
should be reed a second time that day six months. Amon
all divisions of the Christian community there w u a bond
of anion what. presence and streegthshoo.d on all rc7asions
be recognised. With the Jew there was no such c immu-
nips, and it would be impossible to admit a numb r of that
perthuion without throwing open the doors of parliament
to Mehometans and Pagans indiscriminately. He denied
that there was anything exceptional in the exclusion of the
Jews. The constitution bad appointed various qualifica-
tions as essential to the privilege of sitting in the legislature.
Minors, aliens, or person. net possessed of a certain amount
of landed f roperty, were thus disqualified, and the profes-
"ion of Christianity might justly be included amon, other
requisites. The 'offerers from the exclusion Al created had,
he contended, no special grounds for complaint, while to the
nation at large it was a matter of the most serious import-
ance to preserve unimpaired the Christian cheract. r of its
legislature.
The bill wu opposed by Lord DUNGANNON; rind sup-
ported by the Marquis of CLANRICARDII, Lord DAVIS'S-
WORTH. the Earl of St. DURHAM., and the Marquis of
LANSDOWNI.

Their lordship then divided.
Contents—Present 46
Proxies 3- 78
...

66

Proxies 4l-110

Majority against the second reedin, 32
The other ordtrs were then dial. °sod uf, sal the how*
adjourned at ten miasma to nine o'clock.

HOUSE OF COMMONS.- MONDAY, JUNE 23.

The Bramma tcok filo chair at 4 o'clock.

Mr. 0. PORTEBCUE brought Goosed the emotion of
whish he had given notice, and which was ro framed as to
reverse the resolution &delved on the previous Tuesday on
the motion of Mr. Walpole, with respect to the system of
national education in Ireland. Admitting tbet the course
which be sow wised the house to adi pt was unusual, he
contended that the eircumsiacees of the cos were mop-
tiooal, and that the majority in favour of Mr. Walpole's
resolution bad been obtained by accident, upon a question
only half discussed, and while a large numb. r of members
had remained absent, under the persuasion that the debate
would be adjourned.
Mr. HIRE having seconded the motion
Mr. WALPOLE commented spoil the position in which
the house would he placed, ta,th as regarded the itrows pre-
vious vote and in relation to the trowel, by adopting the
'revolt resolution. He denied that the majority is fav ur of
his motion had been obtained by surprise, or issiihout ample
cad deliberate discussion. Turning nest to the el.:tuition be-
fore the house, the right hon. gentleman proceeded to in-
quire bow far he could agree to is consisteutly with the prin-
ciples of the address which the house had voted • few even-
ings before. Teat reeoluVon consisted of three par's The
first asserted • fact—namely, " That this hithae had ob-
served with satisfaction as prioress made in the inatruction
of the poorer clagess of her Majesty's Irish subjects, under
the direction of the Commit Boom of National Elucation."
With all that he (the right hon. gentlemar) cordially eon-
caned. The mood part of the resoluaion expressed an
oprrion—namely, " Tr at i• the admina•reti:n t f that
system, or in any modificatioa of its rules, there should be
malatsined a strict and undevistirg a therence to its
fundamental principles, securing p trental authority
and the rights of consciencet, pupi.s of all denomina-
tions, by excluding all compulsory religions tta Agog."
That part rf the resolution had re ferer ce to certain i fit-
ciplea which it celled fundamental, aid which rose of
them would wish to see altered; but it also referred to
modifications is rules which they all agreed might be varied
so as best to carry out the fundamental principles on which
this national system was founded, namely, that pares.t4
authority should be regarded; that the r ghta of cone-lance
should he respected ; and that ?elisions teachieg at' cot
be compulsory. With that part of the roe. lute n h. (the
right hon. gentleman) also cordially concurred. (Hear.)
Lastly, the motion expressed a conviction, namely, " that
no plan far the education of the Irish prof, however wisely
sad ithexceptionably contrived in er.ber respects, could be
carried into effectual optretior, unless it weep explicitly
avowed and c'early ancient-ad, as its leading principle, that
no attempt shall be mods to influence or disturb the peculiar
religious tenets of any sect or denominati in of Chnstians."
This rart of the resolution was in the words of the commis-
slows of 1812 or 1813, of whom a large proportion were
prelates of the Irish church ; and he could rot say, there-
tore, that hediespproved even of that. lie had now sone
fairly through the resolution—(a laugh) —and It ere was no
part of It with which, taken by itself, he did mi t cordially
concar. (Hear, hear) He now turned to the •ddrac
which the house had adopted, in order to see whether it
' was or was not in harmony with it. It was as follows:
" That her Majesty would be graciously pleased to direct
that such modifications may be made in the rules of the
mottoes] system of education in beland as would extend the
advantages now enjoyed by nos-voted schools to any other
than vested schools now existing, or hereafter to be esta-
blished, whatever their regulations might he ac to the mode
of religious instruction." [Mr. Horsinan—Hear, hear.]
That request was followed up by the following qualification
" Provided that no children should be compile! to learn
any catechism, creed, or formulary to which any parent or
guardian might object; and provided that the ps trona
should be willing to place such schools in thonexior. with
the board, to permit the board's enstrol over hooks to ha
seed is general instruction, end to receive officially the
visits of the government inspectors." The words in that
address which the right hon. gentleman cpp-site appeared
to think inconsistent with the resolnilon we!. tbees

" Whitten their regulations might be as to the mode of re-
ligious instruction." Bat the question really was whether
consistently with it* principles, the natiosal board could
make such attentions in its rules, os the one hand, end whe-
ther the church and Wesleyan eehoo's could make snots
alterations in their rules, on the other, that they lailAt
receive the assistants of the state. Now, be did not presume
to say what rules might be framed for that purposes,
nor was it even for the bean to do so. It sem
for the house to lay down prissiplea, and for the natOnal
board to devise the rules soder whieh these principle might
boat be carried into *flesh For his own part, however, he
did sot see how the address sad the nsolutioa could be midi
is he out of hammy with each other. He wished to masa
them as the dame of • bill sad • proviso added to it—
modifying its =mains, 'sited, bat so: rtmludiag It. 'rho
Mom earnestly desired to Ries a portims of its grants to ell
schools, provided they could only so Irmo their vales as sot
to infringe upon the authority of paresis or the rights of
conosienes. With that ohm it would to no more than

masoushie tint the hoard should modify its rules is eau-
tensity with the reisommeadatious of Lord Granville. That
wee one velaziedes which might easily be roads. Another
which they might mill make would be to say that uhere
them were enSdent number of salmis to of wets the Roma
asthatis pendstios, they would give grants to eNareh sod
eat=aschools, requiting only the 'audition ttiv Roman
should not mud their ehildreu to %hi ea except .tth
• full lumewledp of the shunter of the newels. (Hear,
hist.) ANW might be, that whoa it OR pnfectly cleat