The Sun.
London, England, 1850-07-30 00:00:00

TUESDAY EVPININGI .7171,4 Y 80, MO.

•
MONEY and COMMERCiAL NEWS.
CITY, TWO O'CLOCK.
The Cotton Market st Liverpool yisterday closed
firmly, with Am,rican 11,1. per lb. higher. Surat nearly
id., and all other devrip:ions at full price=. The sales
were estimated at 12,000 bales, of which 2,000 Amo-ican
were taken for export, and 3,000 American nod 1.000
Surat on ni.eculation. . The sales comprised 9,500 Ame-
rican; 800 Yerr,am and MarAnitm. nt 7i-d. to 84,L; 500
Egyp.ian, at 811 to 91; and 1.200 Sur:lt, at 5:11.
per lb.—The Share Market was steauy, at fully former
rates.

At a meeting of parties interested in the Indigo trade,
held yesterday, no decision was come to respecting the
re-tare. of the article, and the question stands over.
In the Amsterdam Stock Market on the 28th instant,
Mexican Bonds were in requesr. at 29 15-16. There was
an animated inquiry also fur Mi,tallics. At Frankfurt
on the 27th instant Austrian Bonds were quoted 83i
and Spanish Three per Cents. 3215-16 to 33 3-16.
The Australian Mining Coinpany makes a very fair
report, and it is obvious that our southern colonies will
contriAtte largely to the supply of the useful metals, and
the development of its resources is probably in is
infancy._

The Brighton report has upon the whole, and con-
sidering the adverse times fur railway property, afforded
satisfac'ion, but there are points brought under conside-
ration in an analysis by Mr. J. S. Tripp, that show
whatimprovements could be eifected. The mortgage
debt bears en average rate of interest of rather over
41. 105. 1011 per cent, per annum. Now, if this could
be reduced to 41. per cent., the annual saving on
1,486,3381. would be 8,094/. Now it is to the
cheapening of money generally that we look
for one source of improvement in the value
of , railway property, and while the capitali.t,
who can best afford it, will undoubtedly suffer
a little, the shareholder who findi his income so misera-
bly curtailed will be a gainer. The whole amount, for
instance, required to pay the dividend of 11. 10s. per
cent. for the half-year, on the Brighton shares, is but
69,3481., and 8,1001. added to this is more than one-
eig'ith. The party just named who writes upon the
position of this line, contends that the sum estimated by
the directors for maintenance of way is inadequa'e, and
remarks, that any oee looking at the accounts simply
as rendered, and' not being conversant with
the prior statements of the company, would
be led to suppose there remained 301,3621.
mortgage powers not exercised; whereas the real truth
is that the loan power is already exceeded by 19,8031.,
and any further capital, it is contended, must be raised
by preference shares. The directors state, referring to
the estimate of 7,200,000/. fir the final capital, that
" they see no reason to apprehend any excess in that
estimate, unless a further considerable development of
traffic should take place." Upon this Mr. Tripp ob-
serves: —" It a further development of traffic does not
take place we should like to know from what source the
additional income is to be deriv.d to meet the additional
charges on revenue on the completion of the company's
undertakings. There must either be an Increase of traf-
fic or a decrease of dividends; and if an increase of
traffic, then, according to the directors' statement, the
much' vaunted estimate of 7,200,000/., and the final
closing of the capital account is to be moonshine."
The Stock Market continues firm, but the transactions
are as limited as for some time past. The decisive
battle in Denmark inspires a hope, whatever may be
the opinion as to the right on either side, that further
bloodshed will be avoided. Consols have been 96i to
97; the New Three-and-a-Quarter per Cents. have been
99* 4; and the Three per Cents. 97i to I. Bank Stock
has been at 211 to 212; and India Stock 270. Exche-
quer-bills have been marked 67a. to 70s. premium.
Foreign Securities have been rather more in request,
and at fuller prices. Portuguese Four per Cents. have
been 34 to 341. and Spanish Three per Cents. 34.
Brazilian Bonds have been marked 92 to 92k. Chtltau
Stock has been at 103, rod Peruvian Four-and-a-Half
per Cents. have risen to 82i and 83. French Tnree per
Cents. have beau 57 75, with the exchange at 25 45.
Dutch Two-and-Bali per Ceuta. have realised 57* to..
Railway Shares are tending upwards again, and tne
account s.ems Bearish. Great Northern, North Staf-
ford, Brighton, Great Western, Midland, North-Western
and Caledonian are all decidedly higher.
QUA RTE IC TO THREE.
Coti4ols 96 97
Ditto Account ... ... 961 97
BRITISH FUSDS THIS DAY AT ONE O'CLOCK.
t From toe Official List.)
Bank Stock 211 212

3 per Cent. Reduced Annuities .. ... 971/2 4
3 per Cent. Consols Anna
New 314 per Cent. Anne.
Long Annuities, Exp. Jan. sth, 1860 Bl4
India Stock 270
Do. Bonds, 10001 49 p
Ditto under 1.000/
South Sea Stock
Ditto Old Annuities 96% 97%
Connols for Account
Exchequer Bills. 14d. 24.
March. June.
1,0001.... — 67 70 p
5001. — 67 70 p
Small
PRICE OF FOREIGN FUNDS AT ONE O'CLOCK.
Brazilian Bonds, 5 per Cent. 9244
Ditto, Small
Chilian Bonds, 6 per Cent . 103
Dansh Bonds 1825, 3 per Cent.... 78
Ditto, 5 per Cent
bleiican 80n.:.A,1846,5 per Cent., Coupons
Ditto Ex Jan. Coupons
Peruvian Bonds, 41i per Cent 82% 83
Ditto Deferred
Portuguese Bonds, 5 per Cent —
Ditto 4 per Cent.
Russian Bonds. 1822, 5 per Cent —
Ditto 41A per Cent. 9411A
Spanish Bonds, 3 per Cent,l840
Dividends on the above payable in London.
French Rentes, 3 per Cent
Exchange ..
Dutch 21,. per Cent., 12 Guild
Ditto 4 Der Cent. Certificates

BUSINESS DONE IN RAILWAY SHARES AT ONE O'CLOCK
RAILWAYS. PAID. PER SHARE.
.
Iledonian
Ditto, New 101,.'refercnce 10 ..... 5% to
Eastern Counties
Do. New Prof., 6 per Cent.. 10
f3reat Northern .
Do. % A Deferred ..... 12% 2 ~,., to
Great Western
..100
_Hi, 59 % 59 to 39%
i,ancashire and Yorkshire ...100 ..... 365..... to
Ditto Fifths 114..... 2%...... to
Do.. West Riding Union IIIA .... . 2',43/.'s .. to
London & 81ackwa11......11/ 69.3 d...... 41A to
Lund., Bright.,& South Coastloo ..... 8244 q to
London & North Western...l'lo 1103% ..... 10
1)o. New Quarters. l7 l7q/8 to
Midland •-•- .... ........ _lto
9itto,sso/. Shares ..... ...... 35 ... •• 1014 to
3.lldland, Consol. Bristol and
Birmingham. 6 per cent.... 100 .....120 1,214..• to
N ore, Staffordshire........,.. 17 4,
Reading, Guildtd., & Re4,..te 18
outh Eastern ........ . ..... ... 33 % ..... 1414
Ditto, Registered No. 4.... 10
York, Newcastle, and Berwick 25 ...... 143/ % to
Do. and Newcastle Eaten. 20
Do. G• N. E. Pur. or Pref.. 9
York and North Midland ... 50
FOREIGN RAILWAYS.
Boulogne and Amiens ... 20
~ ... 7%%... to --
Central of France (f r leans
OrailleatisVaniTßßOrdeZi.x. ' ".727.. 20
..... .•••••
Paris and Rouen .. ......
_15%
to to
JOINT
ieo i Londonoa and Joint
w Stockes t
Ini n
8,.
t.
e!r. T.:
O C.
." 2°t3 8.A"..N...K2254:41/2
. to
Union of London ...... .. ..... 10 -

R ROBERT PEEL,
The parishioners of
d'Affaires at Berne A
St
Sir R. Peel has relinquished ART*
on Wednesday last presented .his diplomatic post of Charg6
M.A., of Exeter College,
. dvertsser.
eox
tf j
loh
rieda—Rrwge:
avtlir. ee
Mackenzieat , understand
hs ,
anivdseosmtmelvina ls
Walcott,
t ohe trat
richly-
chased salver, on his relinquishing
that cury
DI*PATCII IN SHIPBEILD:4NG AT BILL.ENFIEAD.—
dmuernintginthe past week. On Tuesday,
Saturday
masted and sepharrt
eeel ofwtashe.Faidget, an iron yacht of about
last
itaiplabatuimldirn.gLahirads,sbbeuenildcionmg_-
fitpAhflteeertee,enmdthataoritnnkßssatbiarinheteFthhheieesvkd
measurement,
just
,three weeks fromuu tookheed d
anday place.one h t i
whichre,
To-
morrowcompletedyai ) , a n
tdh
ef
oorn yachts
ea ;
will
regulations have
d inge-
niouslysmenandinlagbothuerirongoothdes Shaybrbaaitlwh-ayatvy,
theTkheeel
hweaws laid.—hd-Layit,erppooostla4l/bi.
*ere in
the
common
carriers multiplied hu All
the habit.of havingtduplieates of their bills of parcels by post,
and it often happened that half a dozen of
these duplicates
were delivered, in various towns in the kingdom,
by a single
postman. It is necessary that these bills of parcels should
be delivered on Sunday, in order that carriers may corn-
ay n-work at five or six o'clock on Mo d - •ay morn's]
Since the . late postal regulations the carriers have had theseg*
duplicates sent by rail, and every Sunday all the carriers
are obliged to send each a man to fetch them, so that it often
happens that where one postman was formerly employed on
Sundays, six carriers' servants are nov employed instead.
A BRIDE'S 1:W11.-0n Sunday afternood the
residents at Thames Bank, Vauxhall-bridge-road, were
alarmed by loud shrieks and cries for help issuing from the
River; several boats put off, and five persons who had be-
come immersed were rescued. On the party recovering
from their fright, it was found that a Miss Ashton, who had
been married that morning to Mr. Harper, of 19, Little
Dean-street, Southwark-road, and whose wedding excursion
it was, had been drowned, and though search was made for
the body, it was not recovered. The accident arose from
the unskilfulness of the parties in the management of the
boat.
WociLwtcx, JULY 29.—Captain the Hon. W. E.
Fitzmaurice'a engine was taken to pieces to-day to be in-
spected, after the trials that have taken place in com-
parison with Messrs. Seward's engines. Everything was
found in perfect working order, and the Lords of the Admi-
ralty have in consequence purchased the engine from
Captain Fitzmaurice. The engine, measuring internally
only 21 inches by 10 incites, is stated in the official report to
be of 15-horse power and the difference in size, 'weight, and
cost as compared withl the engines with which it has been
put in competition is highly in its favour. It is to be sent to
Devonport, where it will be tried under the immediate di-
rection of Lord John Hay, C.. 8., superintendent at that
dockyard, and will be placd in a superior description of
boat to that in which it has been e orking here, as the boat
was in no way calculated to show its advantages. There
will shortly be a trial on a rally: ay with one of these engines,
which is looked forward to with much interest by souse of
the leading engineers. The Emperor of Russia, with that
liberality which distinguishes his patronage of science, has,
through. the Russian Consul-General, made most liberal
offers to Captain Fitzmaurice, bath respecting his engine
and gun carriage for heavy o- dunce. The experiments
with the latter were concluded at Woolwich before the Select
Committee by firing eight rounds frk,m an 8-inch gun
mounted on a garrison-carriage with iron trucks, and the
machinery for directing the gull and the supporting carriage
on which it was placed were not in the least affected by the
firing of the heavy ordnance, which, with the garrison-car-
riage, was nearly four tons weight.

t2dPERIAL PARLIAMENT,

(THIS DAY.)

HOUSE OF COMMONS.

The House was again crowded to-day, Ft Twelve
o'clock, in cons+ (pence of the itit.reA telt by 21 -m-
-hers to witness the course to be adopt. d by Mr.
Baron Rothschild on account of the vu e come to last
night. The galleries were also crowded to excess.

The SPEAKER took the Chair shortly after Twelve
o'clock.

Sir ROBERT PEEL was introduced by Mr. Goulburn
and Mr. Cardwell, and took the oaths and his seat.
Otter the ceremony of taking the oath the lion. 13sronet
retired behind the Speaker's chair, where he received the
congratulations of his friends.

AStII3Y'S DIVORCE BILL.

This Bill, us anu-nded, was consider( d and agreed to.

SECOND READING.

The Bishop of L'aidon's Estate (Saint Gubriers
Churcb, Pimlico) Bill was read a second time and or-
dered to be cummisted.

On the motion of Mr. BROTHER [ON it was or-
der,d that is be an instruction to the Committee of Se-
lection, that they do appoint, if they thick fir, the Cum-
mirtee on the Bishop "f London's E-tate (Saint tie,briel's
Church, Pimlico) Bill, to meet any thy utter the ex-
piration of the eighth day trcm the second reading if
the Bill.

On the motion of Mr. FREW EN, after a short discus-
sion, it wart ordered that the stinitng order, No. 200,
nquiring one clear day's notice to be given of ail
amendments proposed to be navde on the third reading
of private Bills be dispensed with in the case of the
Westwiusrer Temporary Midge Bill.
Mr. SCULLY postponed the following questions of
which he riad given notice till Friday, to ask the Chief
Secretary for Ireland the following qustioris:—la it a
,tact that true bills of indictment were sent up mid found
against George Mathews, alias Duncan Chisholm, at the
recent Commission in Green-street, Dublin? Will the
Right Hon, Gentleman explain the nature of the charges
against the said clerk; and it any and what steps have
been since taken to arrest the accused?
BARON ROTHSCHILD—TAKING THE OATHS.

At twenty minutes past twelve o'clock, at which time
the benches oa both sides of the House were nearly
filled, Baron Rothschild appeared at the bar, and im-
mediately advanced to the table in company with Mr.
Page Wood and Mr. John Abel Smith, amidat loud
cheers from the benches to the right of the Speaker.
The Clerk, having first handed him a small edition
of the Old Testament, which the Baron examined, then
proceeded to read the oats of allegiance. The Baron
repeated the words of the oath distinctly and emphati-
cally Lifer the clerk, and on coming to the conclusion of
it, pronoun,!ed the words "So help me God" i❑ the
usual manner in which Jews take an oath i❑ courts of
justice, viz , by kissing the book while covered.
The oath of supremacy was taken in the same way.
The next and last oath was that of abjuration, which
it will be recollected contains the words " On the true
faith of a Chiutian."

On coming to those words the Baron paused and said,
" I omit these words, as they are not binding on my
conscience."—(Loud and prolonged cheering from the
Ministerial side of the House, during which the Hon.
Member put on his bat and concluded the oath by say-
ing " So help me God.")
A paper was then handed by the clerk to the Baron,
which he signed amidst continued cheering.
The SPEAKER requested the Hon. Member to with-
draw.—(Loud cries of No, no.")
The Hon. Member, however, withdrew behind the bar.
Mr. HUME rose to order. As the lion. Member had
taken the oaths at the table—(Loud cries of " No,"
from the Opposition benches)—in that form which he
thought most binding on his conscience, he put it to the
House whether it was right that he should be required
to withdraw.—(Cheers.) He concluded by moving that
the Hon. Member do take his seat at once.—(Cheers.)
The SPEAKER thought the Hon. Member had risen
to "order."—(Cheers and laughter.) He (Mr. Speaker)
understood that the Hon. Member for the city of London
did not consent to take the three last words of the oath,
" on the true faith of a Christian," which were prescribed
by the Act of Parliament—(Hear. and cheers)— and he
therefore requested the Hon. Member to withdraw that
the House might come to a decision on the question
which that omission involved.—(Cheere.)
Sir F. THESIGER—Sir, I beg leave to move that the
Baron Lionel de Rothschild, one of the Members of the
city of London, having refused to take the oaths pre-
scribed by law to be taken, before a Member can sit and
vote in this House, Mr. Speaker be instructed to issue a
new writ for the election of a Member in the room of the
said Baron Lionel Nathan de Rothschild.
Sir R. INGLIS seconded the motion.

Mr. ANSTEY wished to know from the Speaker if
this would be the proper time to move the amendments
of which he had given notice?
No answer was given to this question.
Mr. P. WOOD—Do I understand that the motion has
been seconded?

Sir R. INGLIS—I had the honour of seconding it.
Mr. P. WOOD said the Honourable and Learned
Member had moved for a new writ; but he had stated no
reason far it—(Cheers)—end he should take leave to
move by way of amendment that the meat of the Lion.
Member was full.—(Cheers.) He apprehended that
this was a question of extreme and deep im-
portance to the privileges of this House, and one
which not only concerns the privileges of this House,
but concerns most deeply the country at large and the
rights and privileges of the electors of this kingdom.—
(Cheers) The electors of the city of London had shown
extrema forbearance with respect to the whole of this
matter ; it had been no wish of theirs to bring the ques-
tion upon the House, or to throw the House into collision
with the courts of law. So long as they were satisfied
that there wes an intention to treat the question fairly
in Parliament they were quite content not to in-
sist on a right which any party could question;
they still believed it to be their right to send the Baron
to that House as their representative, and to be their
right that he should take his seat.—(Cheers.) Yet they
were perfectly ready to have the question of right placed
beyond the possibility of doubt, so long as there was
any serious intention on the part of Parliament and Go-
vernment to deliberate and decide upon the question.—
(Hear, hear.) But what had happened? A
Bill was brought forward to remove all these
doubts, which was passed by a large majority,
of that House, but was rejected elsewhere.—(Hear
hear.) Baron Rothschild, with that strs;ghtferward con-
duct which he had pursued throughout the whole pro-
ceeding, thought it right upon that to resign his seat
and lay the case again before the electors of the city of
London, with a request to know if it was their wish that
he should again contest the question.—(Hear, hear.)
The answer of the electors cf London was
an immense majority in the affirmative, and
that being so they waited patiently an-
other year; a second Bill was passed by a consider-
able majority of that House, and again rejected by the
other place.—(Hear, hear) A third time they resisted,
and perhaps too patiently this time. In the mean time,
some facts transpired with reference to an admission of a
gentleman in a much stranger case than this. It trans-
pired that Mr. Pease was admitted to a seat in that House
without taking the prescribed oaths. That circumstance
had only recently transpired owing to the records of the
case having been destroyed by the fire which burnt
down the Houses of Parliament.—(Hear, hear.) Upon
that information it struck him and others that this was
a most important feature in the case, and accordingly
he took upon himself the task of moving for a Com-
mittee to consider the subject.—(Hear, hear.) The in-
vestigation of that Committee filly established the
truths of the case, but from a technical
cause the Committee was precluded from
going into the circumstances of the matter in their re-
report. Still, he thought, he should be able to show,
from the report and the state of the existing law of the
case, that the House was called upon to take no active
step in this matter after what had taken place, and after,
as he contended, the oaths had been duly administered
and taken.—(Cheers.) The seat was unquestionably not
taken; and, even supposing that the oaths had not been
duly taken, the House would have a difficulty in
determining that the seat was not filled.—(Cheers.)
He had already stated that the electors of London had
exhibited the utmost forbearance in this matter e they
had manifested no desire to bring the House into colli-
sion with the other House, or with the courts of law.
(Cheers.) They were persons who had all along, as a
body of electors, been distinguished in a most remark-
able manner; as much so as any body of electors in the
kingdom ; and they had shown it in this instance.—
(Hear, hear.) But when Hon. Members found at the
close of the session that that Bill which had been
so introduced was about to be withdrawn, it was
impossible that the electors of London could remain
in that position during this third session of Parliament,
without bringing the case to a decision.—( Hear, hear.)
Lie (Mr. P. Wood) thought he should be able to bring
conviction to the mind of every Hon. Member that the
oaths had beets preperly taken—even to the mind of the
Noble Lord himself (Lord John Russell).—(Cheers and
disapprobation.) And even if that were not established
to the satisfaction of every Hon. Member, the House
would see by the statutes that there was no vacancy
the seat. They must divide the oaths into two distinct
classes with reference to this question. By the 30th
Charles 11. the penalties were enacted which now regu-
lated the oaths of allegiance and supremacy. That sta-
tute directed those oaths to be solemnly taken at the
table of the House; and the statute Ist of William ant
Mary, cap. 1, repeated in words the Act of Charles, but
re-enacted that the oaths of supremacy and allegiance
should be taken under tee penalties of the statute C arles
Now if those oaths had not been taken in this case it
was perfectly clear the seat would have been vacant.
—(Hear. hear, and cheers.) If those oaths had not been
taken the penalty wetial have been that the party not
taking them would be deemed a Popish recusant to
begin with, and would be disabled to sit and rote in
the llouse of Commons, and without further conviction
or proceeding his election would be d-.clared void. So
clear did the Legislature speak when it was intended to
move for a new writ. He came now to the oath of abju-
ration, and with regard to that the case was most re-
markably different. The 13th William 111., c. 6, first
imposed penalties with respect to that oath, and the
t
penalties inflicted by it were,. that if the oath of abjur -
don were not teken as therein prescribed, every person
not takine it should be consideredp re,.u, tt
comae:, and be disebled from ex. cutihg any e or plate
of profit civil or military, and sb °eh bsdt,abh d a!so fr‘im
tha-nce.orth to sit or vote in either [I )11.,,, of parlirtal
The 17ib sectien of the Act ~t G erg,had
I. a;l the
same penalties as the Act of' Widiete, except deeming a
men a Popish recusant, and disabling }-.itrt from holding
an office or trust, cavil or military ; and it also excepted
and passed over the disabling to sir and vote in Parlie-
ment. which was most remerkehle.—(Cleere) When,
theretore, the Legislature insisted chat a Me: bee
should not sit or vote in Parliament. it StlW so in p! on
and distinct words--that was to say, if he did no. take
the oaths of supremacy and allegiance, his seat was to

be !soil, and a nets writ was to he issued.
The statute altered the oath, and altered also the penal-
ties, and emitted the penalty of disability to sit and
I vote. -rheref,,re he said, that if this oath of abjuration
had not been taken by the Hon. Member, he rids anti
not disqualified himself, and though be may be liable to
penalties for sitting and teeing. still he is not +li-
j from sitting and voting. He would now turn to the
atm raiment. that the seat was now full, and he would say,
with regard to that, that the question arose in this
manner—bad the Hon. Member taken the oath of abju-
ration or not ? That would turn mainly on this,
whether the words en the true faith of a
Christian were a portion of the invocation of
the oath, or were a declaration of the Christian
faith contained in the oath. He had read to the House
yesterday, and would not trouble them again to-day with
the universal concurrence of all jurists, that it did not
mate r how a man was sworn, but whether he was sworn
or not. The question now to to considered was whether
the oath had b,en taken. Let the House rererk the
case of Qtrakers, and he thought that that would show
them that these words were a portion of the oath w hich
was sworn by, and no it portion if that which was sworn
to. The case of the Quakers was thin—There was first
the general st.ante of the 7th and Bth William acid
Mary, c. 34, by which it was enacted that the solemn
affirmation and declaration of the people called Quakers
should be accepted in the place of the usual form
of the oath. Let the House pause at this
pint ; by this statute they had indulged the
peculiarities of It people. arid made a solemn affir-
IDZIVOII in lieu of an oath. This statute freed them trots
the things by which they were to swear, but not from
the things to which they swore; and though it ja,tified
him in omitting the form of oath, it did nut justify hun
from anything contained in the oath. Then they cam,
next to the 61). Anne, c. 23, which was a special statute,
and enacted that the oath of abjuration should be taken
with regard to certain matters in Scotland, with penal-
ties against those who refused to take the oath, and
against those who, being Quakers, should refuse to de-
clare and affirm the substance of the oath. How
did the rate now stead? Here the Quakers
were in precisely the same position as Baron Roths-
child—there was the oath of abjuration to be taken—
there was the statute of William and Mary, which said
that qttakers should make affirmation instead of oath,
and there was the Act of Anne, which said that Quakers
should declare the effect of the oath of aajuration. It
was remarkable that in this oath the words" on the true
faith of a Christian" occurred, and also the words " I
swear" in the middle; and when the 1 Geo. I. cap 6
was passed, which recited these statutes, and provided
for the forte of abjuration to be taken by Quakers, as
directed by the 6tti Anne, they found that wnerever
they were obliged by that statute to take the oath they
were allowed to declare the effect of it, leaving
out the very words "on the true faith of
a Christian." Here there was Legislative declaration
of the points which he contended for, that the whole
substance of the oath was embodied without the words
"on the true faith of a Christian." The Legislature
plainly said that these words were no part of the things
sworn to, but simply part of the oath to which they
sword. The Legislature had split the oath into two
parts—the thing sworn to, and the thing sworn by—be-
cause the Quaker would not swear to anything, and
would only affirm the substance and effect of the
oath.—(Hear, hear.) The Honourable Gentleman then
alluded to the case of Mr. Pease, and observed
that in the reign of George I. a statute was passed to
relieve Quakers of some of the particular difficulties
under which they laboured. That Act was the Bth
George 1., c. 16 ; but the abjuration oath which was
taken by Mr. Pease was not the one which was pre-
scribed by its provisions, but was an oath similar to the
one imposed on Quakers by the 6th of Geo. 111. When
Mr. Pease came to take his seat in the House, he could
not refer to any statute which prescribed a
declaration that would be binding on his con-
science ; and according to the evidence of that
gentleman it appeared that a new form of declara-
tion was prepared for hirn.—(Hear, hear.) Now this
was most important, especially when they came to con-
sider the form of oath which had been taken by Mr.
Baron Rothschild at the table of the House. On the
occasion of Mr. Pease coming to take his seat the House
did not resolve on the adoption of any special form of
declaration, but it came to the following resolution:se-
*. That it appears to this House that John Pease is enti-
tled to take his seat on making a solemn affirmation and
declaration to the effect of the oaths which are
directed to be taken by the House."—(Cheers.)
Now, there was no law whatever that allowed an oath
to be taken in that form.—(Hear.) This, therefore,
involved the whole question before the House.—(Hear.)
lied Baron Rothschild sworn to the oath ? Mr.
Pease was allowed to escape from, affirming, and thus
to avoid the words " in the true faith of a Christian."
Baron Rothschild said he wished to be sworn in the
mode most binding on hip conscience, and the House
had slid he had a right to be so sworn, viz., on the
Old Testament. Baron Rothschild said the words
"on the true faith of a Christian" were not binding
on him, but he had taken the whole oath with the
exception of those words and had, therefore, done
more than • a Quaker would have consented to do.
The authorities he had quoted the other day laid it
down that all the questions they had to ask were, had
the party sworn upon an oath which he believed would
subject him to the penalty of the Deity if he told an
untruth—(Hear)—and did he believe in a state of
future rewards and punishments ? and if he did that
was enough. As to the declaratory statute of
Victoria that had been so much relied upon,
it only provided, that iu any case in which
the oath had been lawfully administered, the person
taking the oath was bound by it, provided it was admi-
nistered in a manner which the party declared to be
binding en his conscience.—(Hear, hear.) The Baron
Rothschild had taken the oath in the manner in which
he had declared it was binding upon him.—(dear, hear.)
It was idle to talk of' the danger of incurring these ques-
tions, for they would always arise, and the House
must take upon itsof to decide them without any con-
sideration as to the course that ought to be adopted in
the courts of law, it might be as well for the House to
keep within the course prescribed by the courts of law,
but it was not bound to pay a slavish adhesion to the
construction that might be put upon, questions by courts a
of law. It was necessary on swearing Jew that he should
not bo sworn upon the true faith of a Christian, and
Lord Hardwicke, on the question that came before him,
dashed out with the stroke of his pen the words " upon
the Holy Gospel," and permitted the party to take the
oath upon the Old Testament.—(Elear, hear.) Formerly
an Act was passed ruling that a legacy left to a party
who was a witness to the will, which will had relation to
real property, was null and void, because as the
law then stood the fact of the legacy being left
to the witness would preclude the will being proved. But
a doubt afterwards arose as to wills relating only to per-
sonal property; and in a case where one of the witnesses
was a legatee, it was sought to deprive him of his
legacy. At that time, however, witnesses were not re-
quired to such a will, and the courts held therefore that
the reason for the deprivation did not exist in this case,
and the legacy was declared to be good.—(Hear, hear.)
Well, that was the way in which he wished the House
to say the common sense and mode of law does not
exist to this case.—(Cheers.) When they found a thing
doubtful they ought to take the common sense and
common reason of the thing.—(Hear, hear.) In a court
of law if such a point arose the Act would be looked into
to see if it applied to Jews, and it would be found that
the Act was directed against Papists, and could not there-
fore apply to the Jews.—(Cheers.) An abominable pro
vision of the Act of George 1., which no one denied wise
directed against Papists, sTili remained ia force, which
ought to have been referred to iu the report, and which
would illustrate the inconvenience of construing such
Acts as these strictly, and nut according to their plain
common sense reason and meaning.—(hear, hear.) By
that Act any two magistrates who took it into their
heads that suelrand such a person was disaffected, might
call upon bun to take the oath of abjuration, and if he
refused it, to inflict upon him all the penalties which it
provided for.—(Hear, hear.) Now could it be supposed
that under that provision two magistrates would be jus-
tified in going to a Chartist meeting, and, selecting a
Jew, requite him to teke e oath, and yet that was
how it was proposed to act in this case.—(Cheers.)
He came now to the ouly argument which had been
urged against the case or the Baron de Rethschild, and
that was that in two instances Acts of Parliament had
been passed to proti ct the Jews from the operations of
un Act directed against Pepisty, which required ell
Catholics who held real estates to take the oath of
abjuration upon the true faith of a Christian upon
pain of forfeiting their estates. Now one of these, tee
10th of George the First, was passed in the year fol-
lowing the passing i f the Act requiring all parties to
take the oath to whom it might be tendered, and as the
case case of Elireton v. Baiker had not been decided,
it was thought proper to pass this Act to
prevent its applying to Jews. In the other Act, how.
ever, the 13th of George 11., which had reference to the
Act for the Naturaliz alien of Foreign Protestants and
others, *as passed to give the Jews the benefit of that
law, but it did not affirm that Jiws could not take the
oath prescribed by the original Act, bet simply declared
that it was passed because " Jews may be prevented by
the oath from receiving the benefits of the Act."
What he (Mr. P. Wood) said was, that the House had
a understood. a
only a prima lade case, suggested at the time when the
nrscltoothde. y
passed They ad-
mitted
an
npriiicillMalr. law
Pease was
on no
a t
resolution, eiel-
Act afterwards, saying that the oath must be taken in
the very way in which Mr. Pease took it.—
(Cheers.) And that was not a declaratory
Act. Yet the House admitted Mr. Pease
to take the oath in that way. There
ees then no fear of any of those conflicts with any
other place, or with any of the higher or lower branches
of judicature, which had been apprehended in this case.
But the real truth and substance in Mr. Pease's case
acs, that the House acted on general principles.—
(flear, hear.) The house allowed Mr. Pease to
treme a declaration, that declaration was made an
Act of Parliament after they admitted it, and not by
a declaratory process, and not by an enacting process.
Therefore, by their own argument, he contended Hon.
Members opposite were ad wrong in admitting Mr.
Pease.—(Cheers.) lie (Mr. P. Wood) hoped he had
now grappled with every difficulty in this case; and it
would be for the House to say whether or not, in a case
of thi.; gravity, they would hear it solemnly discussed
aid argued by counsel, if the House was to be a
judicial tribunal. But he said it was a very
sOieCl9ll duty they had to perform. They were about
now to exclude ge loan who, by the t esolutions
they ha i passed, wigs arimittel ha' e toa cleur and a;s.
bees eight, to a seat in that 11011 bl). He had been elected
isvice by large bodies of his eunstitu: nts; he was ad-
mitted riot to be proscribed on the old pretence of his
tieing an alien, or of that being u Christian Legislature.
eney had gone by all that, and they had come to the
it :.rr,,de,,t, questioti, which was simply
Whether, that h• Mg a statute which introduceil
into the oath the words " on the truefaith of a Christian,"
following in the wake of a statute of Jameri iutended to