The Sun.
London, England, 1847-11-18 00:00:00

THE OATH OF ABJURATION.
TO THE EDITOR OF THE TIMES.
Sir,—As the question will shortly arise whether
Baron Rothschild is entitled to represent this City in
Parliament, it may be well to consider the arguments
of those who seek to limit the efficacy of our suffrages
by maintaining the contrary. The position taken by
these reasoners is briefly this:—The faculty of re-
presenting a constituency in the House of Commons,
say they, is a civil right, which cannot be claimed
by a race who are aliens in the eye of the law, or
who at any rate are specially disqualified in this par-
ticular, by the necessity of taking the oath of
abjuration " on the true faith of Christians" before
they can sit.
Now, that the Jews are aliens, is a vulgar error,
which the mere fact of their enjoying the franchise
disproves. This has not escaped the notice of their
adversaries. A writer in the last Quarterly goes
indeed so far as to suggest that they vote only by
sufferance ; but the reason he assigns is, that the
bribery oath, which any elector on coming to the poll
may be required to take, must always be administered
"on the Evangelists;" a statement, Sir, which I
need hardly tell your readers is incorrect. No such
provision is made by the statute which prescribes the
oath. Its administration, therefore, is regulated by
the common law, which ever since the case of
" Ornychund v. Barker," decided by Lord Hard-
wicke, has been held to be, that whenever an oath
is legally requisite it must' be administered in the
form most binding according to the religion of the
person sworn.
Driven from this, our crusading politicians resort to
their other stronghold. At any rate, they cry, the
conclusion of the oath of abjuration--" on the true
faith pf a Christian"—must operate as the Shibboleth
of aspiring Israelites until the Legislature formally
dispense with its use. And this of course is equiva-
lent to saying, that the House of Commons is 4n-
competent by mere motion to make such a remission
on the approaching occasion. Let us examine this
point.
Everybody knows that the House is the sole ex-
tpionnn nitt
sof p trhnev
ilnaeNev si an
tsbsiesdr
respect
et
eh
te
bSetiantge forpre
ci
iss
erl
ye g u lthata-
of a judge with a case under his cognizance. Both
declare, neither makes, the law. The oath of abju-
ration is, in a legal point of view, merely one of
those formulae with which statutes abound. And it
may be laid down as a general rule on this subject,
that a strict adherence to the letter of such forms is,
by the practice of the courts, only so far required as
may be necessary in order to convey the full force of
what the statute contemplates.
To apply the analogy :—lf Baron Rothschild takes,
or offers to take, this oath minus the phrase in ques-
tion, the House will be called on to decide simply
whether such an omission on his part in any way
impairs the force which the entire form of words
was meant by its framers to possess ; and if ay, to
refuse him his seat. Very little foresight, however,
is necessary to see how such a test must operate.
A single glance at the oath itself shows that it was
concocted with a view to excluding the Stuarts from
the throne ; but an inference is attempted to be drawn
from the concluding phrase, that it also embodies the
ulterior design of excluding non-Christians from the
House of Commons. Now, in the first place, if this
be true, its framers have fa, fled, for it seems pretty
clear that any loyal Atheist might take it without
falsehood ; and secondly, apart from this considera-
tion (which it should be premised is not essential to
our argument), precedent, and the acts of the Legis-
ture itself, alike belie such an interpretation.
First, let us take the case of an Atheist. The oath
consists of three parts : the abjuration of the Stuarts ;
a pledge that as surely as the person sworn is a
Christian he will abide by such abjuration ; and a
calling on God to witness. What is there in this
form, as it stands, at which a Jew or a Deist stum-
bles ? Why cannot either openly declare, " I will
take your oath in Coto, and obey its obligation ; but
the clause which further pledges my obedience on the
existence of a nonentity, viz., my faith in Christianity,
is simply nugatory, and of itself no more affects my
veracity, than were Ito promise, that as surely as I
am what lam not I would fulfil vow." This line
of conduct is abstained from, not because it is held
discreditable to evade an imputed object of the Legis •
lature who inserted the phrase ; were this so coaches-
and-six would not so often be driven through Acts of
Parliament without demur or scandal, nor would so
many " honourable gentlemen" elude the propertyquali-
fication by getting a sufficientestate conveyed to them-
selves the day before, and reconveyed the day after
taking their oaths. No; Jews and Deists are with-
held solely by the consideration, that it would be
impious mockery to invoke the Divine attestation to
a triviality. But what weight can this have with one
who believes that there is no Deity to mock ? If,
therefore, the phrase in question wag pointed against
non-Christians, it has at any rate failed in reaching
their most objectionable variety.
Let us next look to precedent. The oath of supre-
macy was notoriously of an analogous character to
that now claimed for the oath of abjuration. It was
framed to exclude Romanists from public offices and
dignities. How was this object achieved? By tacking on
to the tail of some oath, adapted throughout its whole
composition to a different purpose, the words " on the
true faith of a Protestant ?" Had this been done,
Catholic emancipation would not have cost such a
struggle. No ; Parliament took good care to make
the entire oath subserve to so frank a denial of Papal
supremacy as no Romanist could adopt.
Lastly, have the acts of the Legislature itself coun-
tenanced the interpretation now put forward ? On
the contrary, when the two substitutes were framed
for the oaths of allegiance, supremacy, and abjuration
—the one for Papists, the other for Quakers to use—
this redoubtable phrase, so pregnant with legislative
force, failed to find its way into the new forms, and
was not even rendered by an equivalent.
Can Jew or Gentile resist the inference, that the
sole purpose of the oath in question was to ahjure the
Stuarts—that in all likelihood its framers did not even
contemplate the possibility of its being ever adminis-
tered to Lon-Christians—far less that they provided
against such a contingency ? And if, Sir, this is the
conclusion at which the House of Commons is bound
to arrive, then is Baron Rothschild entitled to take the
oath shorn of its Shibboleth ; and the effect of our
suffrages is indefeasible. The question, therefore, of
religious or political expediency is superfluous; for it
would be both inexpedient, and something worse, to
violate the law.

I beg, Sir, to sign myself (with whatever historical
impropriety),

Nov. 17.

Your obedient servant,
A TEMPLAR,

- -
TRH ELECTRIC TELEGRAPH IN LIVERPOOL.—The
wires have now been carried under the streets from the
railway station, Lime-street, Liverpool, to the new office
of the Commercial Electric Telegraph Company, Ex-
change Buildings, nearly opposite the Exchange News
Room. There are nine copper wires, all inclosed in one
small iron tube, about the thickness-of a finger, and yet
the whole had been so carefully preserved from contact
with each other throughout the whole distance, about a
mile, that when tested there was not the slightest de-
flection of the needles, which would have been the case
had any two of the wires touched each other at any point
along the whole line. At the corner of Water-street, a
diverging group of nine wires, inclosed in an iron pipe,
is carried along that street, towards the docks and the
river—with what intention we have not heard ; but it ii
ndt unlikely this is to form the commencement of a line
of electrico-telegraphic communication, terminating at
Holyhead. For some thonths of every winter, and very
frequently in the other parts of the year, the present line
of telegraphs aro rendered useless for a time, by dense
fogs obstructing the vision of the officers at the different
stations who have to keep a look-our. This has been a
great drawback to the utility of the present range of
telegraphs ; and it would be a great boon to the mercan-
tile community, if communication with Holyhead could
be rendered independent of fog or darkness, and be made
at any hour of the day and night—especially with the
immense additional advantage of possessing the means of
asking questions and receiving answers, as to the vessels
in sight, &e. Amongst other uses, important news
brought by a mail steam ship from the United States
might be telegraphed direct to Liverpool, Manchester,
and London, twelve hours before the steamer, could
reach Liverpool to land her passengers and mail bags.
Another advantage would be, that the owners of an out-
ward bound vessel might transmit a message to the cap-
tain, twelve hours or more after his vessel hod left the
port. We hope, in the course of next year, to see this
line of telegraph in active operation.—Manchester
Guardian

FORGERY OF BANK-NOTES.—A gentlemanly-
looking man, named William Theophilus Greene, who
is Supposed to have been passin7 forged notes purporting
to be the notes of the North Wilts Bank Company, in
the city of Bath and the neighbourhood, to a very great
extent, has been committed to the prison of Bath on
three charges of passing 51. notes to tradesmen. Ilis
plan was to purchase goods at various shops, and tender '
51. notes for payment, obtaining the difference in gold or
slyer. When taken to gaol he was searched by Mr.
Pike, the governor, who found on him fifteen note for
W. each, purporting to be of the North Wilts Bank., all
of which were forgeries, and also 241. in gold and 54 in
silier. Ire will be tried at the next assizes. Two per-
sons, who are supposed to be his confederates, have beet, endeavouring to pass similarly forged notes at Devizes,
but have not yet been apprehended. The police are
said to be in possession of a clue to the engraver of the
plates of these forgeries. •
The examination for Fellowships in the Royal
College of Surgeons is appointed to 'take place on Tues-
day, December 2, and Thurbday, December 9.

Mr. Frederick Toulmin said he found deceased, on
the 23d October, in a state of prostration, vomiting
violently. The symptoms exhibited the effects of an
irritant, but witness learning that she had
been ill three or four days, had no suspicion
of the fact. Mr. flacon subsequently_ attended.
Catherine Sheridan, accused's sister, was then
called, and detailed the substance of her evidence
given at Worship-street. Deceased had beef tea,
arrow-root, &c., which was made in a room adjoining
deceased's bedroom. Shortly before last Christmas
witness took from her brother's waistcoat pocket two
white powders, large enough to cover a shilling, and
upon witness asking him what they were, he appeared
angry, and said " What is that to you ?" Witness
again asked what they were for, and he replied, "It's
morphine—l want it for my own use." The annuity
payable to the deceased was secured by the Excise.
The policy of 5001. secured on the death of the ac-
cused was also at the instance of the Excise. Witness
was once in the accused's company, while about to
pay the premium, when he said that the family would
not have a farthing of that money. They had already
had too much of him, and he would not have accepted
the Excise situation if he had known the burden he
would have to bear. She became exhausted, and
after a discussion as to the propriety of examining her
at greater length, the further evidence was postponed
until Tuesday.

THE BISHOP OF MANCHESTER ELECT.--YeSter-
day (Wednesday), at twelve o'clock, the Dean and
Chapter of the Cathedral Church of Manchester met
within the chapter-house at the cathedral. The mieting
was summoned by the Rev, the Dean in the usual way,
in obedience to the conge d'elire issued by her Majesty
and accompanying letter-missive, commanding the
Chapter to elect the Rev. James Prince Lee, of King
Edward's Free School, Birmingham, to the office of
First Bishop of Manchester. Of the Chapter, which
consists of five members, only three, the legal quorum,
were present on the occasion, viz., the Very Rev. the
Dean of Manchester, the Rev. Cecil I). Wray, the Sub-
Dean and Senior Canon, and the Rev. Canon Oswald
Sergeant. The Rev. Canon Clifton is absent on the
Continent, having been called away by the illness of his
mother ; and Canon Parkinson is at present resi-
dent at St. Bees' College, Cumberland, of which
he is Principal. The Chapter having been con-
stituted in the regular way ; the royal mandate and
missive were produced by the Dean, atter which, having
satisfied themselves of the eligibility of Mr. Lee, they
proceeded at once to elect that gentleman to the vacant
bishopric. The Chapter then certified their election
under their hand and seal, to be transmitted to her
Majesty, and ie virtue of which Mr. Lee will assume
the title of Bishop of Manchester, and be entitled to all
the dignities of his office. The only remaining dut)
was for the Chapter to appoint gentlemen' to act as
proctors, to inform the Rev. Gentleman of his election,
and to acquaint the Chapter whether or no he accepts
the appointment. Mr. F. Robarts and Mr. Austin were
nominated to this duty. The Chapter then broke up.
We understand that Mr. Gurteridge's charg-•s against
Mr. Lee did not come before the Chapter in any shape
or form, and no protest or expression of a dissent
from the appointment from any quarter cause btfort,
them. The general feeling in Manchester appears to be
in favour of the course pursued by Mr. Lee, of seeking
to have the charges cleared up by an appeal to the civil
tribunals.

TUTOR TO MIS ROYAL HIGIINESS TIM PRINCE OF
WALES.—It is rumoured in this quarter—and the ru-
mour has some semblance of truth—that Dr. Philpott,
Master of Catherine-hall, who performed the honours of
Vice-Chancellor during the visit of her Majesty and
Prince Albert at the late installation, is about to be ap•
pointed tutor to his Royal Highness the Prince of
Wales. It is certain that Dr. Philpott has just returned
from a visit to Windsor Cat-tle, at which he is reported
in the Court Circular to have dined twice with her
! Majesty. Dr. Philpott's courteous and dignified de-
meanour, united to attainments of a high order, would
admirably fit him for the high and delicate trust of di-
recting the youthful studies of the heir presumptive ;
and perhaps the discharge of these important duties
would not be incompatible with his retention of the
Mastership of Catherine hall. At the late installation-
her Majesty and Prince Albert honoured Dr. Philpott,
as Vice-Chlne?llor, by dining at Catherine Lodge._
Cambridge Advertiser.
CLEVER TnErr.—Yesterday forenoon, as a respect-
ttble individual, who had newly arrived from Dutnbar
atogn:mw,ea
es 1 proceeding o(ci
dressed
dg
youngu p Ili gwho-
isnt
ar cue, t,wroth_heoi
could direct her to a particular localityti in town
requisite :cf:h‘r)hrnitiad.riobnya.
thioni if'fhe
d.
ed at this, and
could
per coach from
The young
said she had but that moment arrived
much fatigued th
Ayr. Appearing
ter into a respectable tavern, for thee Purpose of 'They has not been there many
some refreshment.
afterthe ihoaunniganlad3trh declared
. herself quite re
covered,
wanildeil
Much tog we individual for his kind
silheoe'rlllyefitftehrierlwa.rds, that he was emhianillhl ishewadticele:weieirdecdh'
the fair deceiver had dexterously contrived to abstract
from his Pocket.—,,Glasgow paper.
DIOCESE OF CHESTER.—It iis ttended forthwith
to found an Archdeaconry of Liverpol, in the diocese
of Chester, comprising the deanery of Worrail in the
county of Chester, and the deanery of • '
Warrington (ex
co
pt the parish of Leigh) in the county of Lancaster. l