The Sun.
London, England, 1829-05-19 00:00:00

ahree I should stand firmly in this assembly of ; is so intentionally extensive, that it Lean the word,
Christians and Gentlemen, calling upon them not to unnecessarily perhaps, again. Nay more, the fran-
give effect to that vicious principle—not to en- chise connected with corporations is actually men-
courage tinned again in the 14th section : thus in th.eesth
° The strong antipathy of bad to good ;" section it means one species'of franchise, in the 10th
not to promote the choice of such as we hostile to, section another, and in the 14th section a third; for
those who reverence the sacred obligation of an oath, i fear any franchise should be omitted and :Orgotten :
but to throw the doors as wide as possible to all lest any party should by chance be excluded from
who tvili idustrate this assembly by their virtues and the benefits, which I hope and trust will flow from
their talents. I quit that point, and come to the the Act, the word franchise is to be found in three
next, to which I advert with pleasure. I formed it different parts of it. I. then goes on to give all civil
on the Relief Bill. I insist that the effect of this rights, excepting such as are hereinafter mentioned.
Relief Bill is to do away with the direction of the The first question is, whether the right of sitting j
Union Act, as far as it relates to oaths. I will can- and voting in Parliament be hereinafter excepted ?
sass that proposition first :—The Union Act directed I meet that with a direct negative—it is not;
that these oaths should be taken for a particular but there are offices excepted in the 12th section, j
period only. The dtrec:ion is," Arid every member such as the Guardians and Justices of the United
of the House of Commons of the United K ngdom, Kingdom, the Regent of the United King-
in the first and all succeeding Parliaments, shall, dom, Lord High Chancellor, Lord Keeper,
until the Parliament of the United Kingdom shall Lord Lieutenant of Ireland, and High Corn-
otherwise provide, take the oaths," &c. I contend missioner to the General Assembly of the Church
that this direction is at an end, upon this directicn of Scotland. In the 15th section also the civil
depends the oath of supremacy, and my argument is, rights arc excepted which might be exercised for
that the period is arrived. The Statute uses the ecclesiastical promotion, and for presentation to liv-
adverb of time " until,"—the provision was merely ings in the gift of Corporations. These do not in-
somp.orary, and the period has expired. The Act elude the right for which I contend, and I shall not
of Union provides that certain oaths shall be detain the House by going through the Act more
taken until something shall happen. Has that ' minutely; I have read it carefully and attentively,
happened ? That is the only question. Let • and I can assert that I find in it no such exception.
tee see whether I can give an answer to the ques- - I shall be asked, perhaps, whether the right to sit
tion. I say it has : that is my assertion, and how i and vote be a civil right ? And I would reply, if I
do I prove it ? I take up the Statute and I find— were permitted to do so, by asking another ques-
what ? that the declaration is for ever abolished.— tion—if it be not a civil right, what is it ? 1 have
Iles net the 1100-e, in the words of the Act of looked into law-books with a view to this question
ITaion, " otherwise provided ?" This is a penal of civil right, and I find that Mr. Justice Blackstone,
awed reetrictive Act; it is reetrietive of the people's in his Commentaries, has divided the whole law
r;giit, I take up the Statute, and I see that the into rights and wrongs : on the front of his book is
Perlhonent has otherwise provided—not for Cat ho- formed the very right to sit and vote in Parliament.
lies alone—not for Protestants alone; but for Ca- But I appeal to common sense and common under-
thel;es, Dissenters, and Protestants—all without
,standing, is it not a civil right ? Must it not be a
limitation or restriction. That the period has ar- civil right ? In the section itself I find civil contra-
ni eed, I have distinct evidence lit what happened to distinguished from military—that Roman Catholics
rny,_cif at the table. The oaths then tendered to may " enjoy all civil and military offices." The
were different from those which would have section itself therefore explains the meaning of the
le•en tendered before the 13th April, the document term, But travelling out of the section, and resort-
proehiced was new—it was fresh for the occasion ; ing to those who have best defined the meaning of
it was a novel introduction into the House; on ore words in the English language, what do we find ?
aide were the oaths for Protestants, arid on the Dr. Johnson tells us, that " civil" is an adjective
other theoe for the Catholics; and why was this i :which means " relating to the community; politi-
Bee-I:Ise the Legislature has " otherwise provided," cal ; relating to the city or government." Now,
than at the date of the Union. Ae one of the rep re- " political" and " civil" must, by the bye, mean the
ecitatives of the people I claim the :.mefit of the pro-
same thing ; the only difference being that one word
vision, I claim to come not within any of the oaths. •If is from the Greek, and the other from the Latin.
the ne-a• provision has not embraced every case, it is They are synonymous and identical ; and no man
either the wiedom or the defect of the Act; but can deny that sitting and voting is both a political
eithee in one ease or in the other the time concern_ and a civil right. The example given front Spinet
plated has come, arid I claim my right just as if the fully supports this assertion. " But there is an-
Union Statute did net exist. But suppose that other unity which would be most advantageous to
what I have said has not convinced the House, let our country; and that is your endeavour after a
roe :all its attention to this Bill, and to ri-mind the civil, a political union in the whole nation-." This
t neree that in construing it there are general princi- definition and description necessarily includes
pies of common sense to enable us to decide on the the right I claim ; but let us see what is the
construction of a Statute, as well as any Bench of definition of that word " right." After giving other
Pre- significations, Dr. Johnson proceeds to the third
Judges to determine an intricate point of law.
sense of " right," which is `'just claini ;" and lie
Vows to the Union and, to the passing of the Act of
follows it by others ; such as " that which justly
:30 Chades 11., the object of the Le stature was to
prevent Papists from silting end voting in Palle. 'eel:mg.; to one "—" property "—" interest "
ment, and arty decision of the Hoese upon that Ste- '' power, Prerogative"—" immunity, privilege;" in
short, there is not one of these significations that is
tote must be a deeiefon ancillary to that object. The
object of the Statute at Charles teas to exei,ide Pa- more comprehensive than I would desire it to be.
't- ; but here now before me a Statute whose
peen.
" • " Roman
object is to open the doors to the Roman Catholics, leigh, f "just claim : The citizens were
and to annihilate the bar that has hitherto impeded by the sword neoght to acknowledge the Pope their
their progress. First, I say that this Relief Bill, Lord, though they knew not by what right." This
like manv others, sometimes takes up a portion of is a plain definition and descriptien of civil right. It
the siihject in the middle—then it goes at once to cannot mean " franchise," because franchise has
the earnmencemento and again reverts to some other already been included—it cannot mean " property,"
part of the subject : at ail events, it is not so me- because property is included in the 23d section of
thod:cal in its construction; as to enable me to give the Act, which requires no oath at all for the en•
at once an analysis of its content?: Thee second ac- joyment of it :—" From and after the passing of
tion provides for this case, for all Roman Catholics this Act no oath, or oaths, shall be tendered to, or
being Peers, and it enables them to sit and vote on required to be taken by, his Majesty's subjects pro-
taking the new oaths. It applies as well to the feising tlip Roman Catholic religion, for enabling
Peers din the period that intervened between them to hold or enjoy any real or personal property,
the Statutecreate of Charles IL and the present day, as Thus, then, " civil right" in this Act does not
well as to those Peers whose titles and rights existed mean property ; it does not mean franchise, but it
priGr to that Statute : of these there were two who means a just claim, a political privilege, au imam-
were deprived. I may now say, because it has been alty of any kind whatever. Common sense here
ntimitted in the Legislature, by an unjust attainder Fhews nihat the law sanctions—that by civil right
—Lord lienmare and Lord Baron French : they necessarily tmmst bn concluded the right to sit and
wore created Peers during the period when it was vote. Another observetion is, that this section re-
impossible for either of them to enerehia the, right of fates to the :time and manner of taking the oaths;
the Peerage by sitting and voting in Parliamene,— but suppose I were to concede that no time arid
This Act has admitted them to those rights. As manner are expressed, yet the civil right being
the prerogative of the Crown has been restored to granted ooder the oaths directed, anti the time and
its full effect by means of this Statute, so the right manner beii.g the only condition, necessarily would
of representation has been male an etosol right; as supply the condition:, %%'e have in the 19th section
the Royal Prerogative has been perfectly successful, the mode of taking the oatig; for corporate offices,
the - privilege of the people ought to be equally and in the 20th the time and manner of taking the
potential. There are, however, these words in the 1 oaths for other offices; but I will not detain the
second section :--° or who shall after the commence- House upon that point, because in the 23d section
merit of the Act be returned as a Member of the the Legislature has wisely provided for the case: it
House of Commons to sit and vote in either House declares, " That the oath, herein appointed arid set
of Parliament respectively." After the passing of i forth being taken and subscribed in any of the
the Act, every body is to be entitled to the benefit; Courts, or before any of the persons above men-
ead I beg the House to reflect, that if Ibe not by tioned, cell be of the sante force and effect, to all
the second section included, lam not excluded by intents and purposes, as, and shall stand in the place
it : though it does not affirmatively establish my of, all oaths and decioretions, required or prescribed
right, it does not negative it by any enactment ; it ' by any law now in force forthe relief of his Majesty's
may not he sufficient to admit me, but there is no- Roman Catholic subjects from any disabilities, ince-
thing to shut me out. One point alone includes pacifies, or penolties." That is the second portion '
me, and it is a point of legal construction, slepend- of the 23d section, and in one mode of punctuation it
100 on the authority of cases which I shall not now will bear the meaning I attribute to it. However, as
analyse. I might do so as a lawyer were I address- I there is no punctuation in Acts of Parliament, I shall
ing a Bench of Judges, but before a popular asseme not oneuble the House with any special pleading on
bly I ought not to occupy time in . any such at- particular words, but come to the remaining and dis-
eempt ; I only allude to them in order that if a tinct portion of the section :—" And the proper
Court should hereafter decide that my argument is officer of any of the seeterts above-mentioned in
valid, it would impose upon me the necessity of ' which any person professing the Aoman Catholic
taking no oaths at all, or else protect me against the religion shall demand to take and oni3a.tribe the
exaction of the penalty. The construction which a oath herein appointed and set forth, is hereby aotho-
lawyer may put upon the Statute, I apprehend, rised and required to administer the said oath to
would be, that he who was returned before the pass- such person ; arid such officer shall make, sign, and
ing of the Act was embraced within its provisions; deliver a certificate, of such oath having been duly
and the House will give me leave just to mention, taken and subscribed." There ie the time, and that
that it has lately been solemnly decided iyi the case time is when it is demanded. The Courts are also
of a will, that notwithstanding the peculiar wording specified, viz. the King's Bench, Common Pleas,
of it children born after tine date of the instrument Exchequer, and Chancery. The time is as universal
were included in its provisions. I will only remind as th,e benefit of the Statute was intended to be, and
1
the House of these technical rules, which, I trust, every thing is complete for my purpose. The ob.
will never be earried into effect at the e...aoence of jection vanishes, because the time is as extensive as
any whom I am addressing. I repeat, that if the can be demanded. I have taken that oath in one of
second section does not include, it does not exclude the Courts named. lam reedit .to prove it. I pro-
me. It may be said that it was framed for other duced the certificate at the table; and Layip,?; taken
objects—to let in persons who have such claims as that oath, rants produced that certificate, I turn mend
those of the Earl of Surrey ; and here let nee claim and respectfully as:so why lam not to be allowed to
the assistance of the legal gentlemen in the House, , exercise my rights ? La it be remembered that my
Beyond a doubt—and I call their particular atten- I ease cannot be drawn into preendent ;it can never
lion to the fact—if the second section does not aid occur again; and I ask the House, in construing the
me, it cannot possibly injure my right to sit. and Art, whether it intends to make it an outlawry
vote. I come, then, at once to the right—l come against a single individual ?—(Hear, hear.)—If the
to it under the tenth section of the Act ; and I im- Act were meant to meet my case, why was riot my
plore you to forgive me for trespassing so long upon case specified in it ? It existed whorl the Act was
other matters, when I have this section before me, passed; it was upon the records of the House, for a
which seems to render doubt impossible. Committee had sat while the Bill was pending, and
" And be it enacted, that it shall be lawful for any a, hod given in its report upon oath. Why, I ask
his Majesty's subjects profrssini• the Roman Catholic Re- agoio, was not my case specified ? Because it was
ligion to hold, exercise, and enjoy al) civil and military not intended to be included. Where, then, is the
offices and places of trust or profit tinder his Majesty, his individual whowoold. think it ought to be included?
......
heirs or successors, and to exercise any other franchise or Let me call the attention of the House to the recital
civil right, except as hereinafter excepted, upon takifig
.% r the Statute•—" Whereas by vas:inite Acts of Par-
and .
subscribing, at the times anti hi the manner herein-
tiament neertain restraints and disabilities are imposahl
after mentioned, the oath hereinbefare appointed and set
forth, instead of the oaths of allegiance, alarremacy, and on the ROttitia ,c4tholic subjects of his Majesty, to
:abjuration, and instead of such other oath ore' oaz.lut as are which other sulijecte of his Majesty are not
or may he now by law required to be taken for the perpose liable." It includes all resiraint; arid disabilities
aforesaid by any of his Majesty's subjects professing the affecting Roman Catholics ; and proceedse--" And
Roman Catholic Religion." whereas ie is expedient that such restraints and cbee
I claim the benefit of that seetioa : it is-plain abilities shah be henceforth discontinued : and
and distinct, and includes no technical subtleties : whereas by various Acts certain oaths and certain
there is nothing to throw A cloud over its clearness, ,declarations, &c., are or may be required to be taken,
and having read it, I might stand upon that alone. made, and subscribed by the subjects of his Majesty
If then I touch upon other mattes, it iS only be- as qualificatiorss for sitting and voting in Parlianneeto
cause, not having the right of reply, it i,; necessary and for the enjoyment of certain offices, franchises,
-for me to endeavour to ontiekoateO If, iirooranxiety and civil rights: Be it enacted, &c., that such re.-
so remove all objectiOnsaPd obstacles, I attribute to , stroints and disabilities shall be from henceforth disc
'lion. Members weak arguments they would not continued." All are to be discontinued. What do
• have used, and which they may gravely disclaim, 111 claim ? That they shall be discontinued. It is a
hope I shall be foigiven. This section introduces, maxim of law that the recital of a statute shall not
the franchise: in Common parlance, indeed, the ' control the enactments,—but with this qualification,
franchise was introduced before ; because the sth that although a particular recital cannot control a
section provides that Roman Catholics shall rote at 1 general enactment, there is no rule of law that a
all elections of cities, counties, and towns; and it ' general recital shall not explain a particular, enact-
provides a new oath to be taken. Therefore, as far meet. But I have a general recital, and a general
sts franchise can mean the elective franchise, the riot 1 enactment too, in my favour, If to sit and vote be