BILL FOR REMOVING THE CIVIL DISABILITIES AFFECTING JEWS.
GEORGE IV. 1830—1831
The only other measure affecting the constitution of the legislative body during this session was proposed by Mr. Grant, who moved for leave to bring in a bill to repeal the civil disabilities affecting British born subjects professing the Jewish religion. In support of this motion Mr. Grant narrated to the house the treatment which the Jews had received from the conquest down to the last century, when the act for naturalizing foreign Jews was repealed within a few months after it was passed, in consequence of the commotions excited by the measure. From that time, he said, nothing had been done respecting: the Jews; they had derived no benefit from the growing liberality of legislation; and were alone still placed beyond the pale of the constitution. They were excluded from practising law and physic, from holding any corporate office; and from being members of parliament. They might even be prevented from voting for members of parliament, if the oath were tendered to them. They were, also, subject to local grievances; for in the metropolis, at least, they could not obtain the freedom of any of the companies, nor exercise any retail trade. And yet they formed a community of peaceable and industrious persons. They were less stained with political offences than any other body of men; and by their wealth they added to the opulence of the country; and all they asked in return was to be admitted to the benefits of the constitution. The house had nothing to do but follow the example presented by the Catholic bill of last year. The introduction of the bill was opposed by Sir Robert Inglis and the chancellor of the exchequer, as inconsistent with what had been the constant practice of the legislature; namely, to protect Christianity under some of its forms in all their enactments. The proposition could only stand upon the principle that no regard should be paid to a man’s religion. It would therefore apply to Turks and Mohammedans as well as to Jews; and it would only teach the people that parliament held Christianity a matter of indifference, though Christianity was bound up as part and parcel of the constitution. As for the Catholic relief bill, that was no precedent; there was a broad distinction between admitting to power in a Christian state, those who were sworn enemies to Christianity, and those who were Christians of different denominations. Jews were aliens in the popular and substantial sense; they had another country and an interest not merely distinct from, but hostile to that of the country which they might happen to inhabit. The solicitor-general said, that, according to the law of England, the Jews had no rights; for when they came back to this country at the Restoration, after being driven out, no law had passed giving them the rights of citizenship. But how did they stand at present? Their religion was protected; their children legitimate; and they had power to purchase land, and to transmit it to posterity. No man could doubt that Christianity was a part of the law of England; and this was to be borne in mind in legislating for those who were not Christians. The question is, “Will you put an end to all religious distinctions?” There could never be a thorough community between Christians and Jews; there was a marked line of distinction between them; a complete individuality in the Jewish character. The bill was supported by Sir James Mackintosh, Dr. Lushington, and Messrs. Macauley and Smith, on the ground that it was persecution to look at a man’s religion when speaking of his fitness for civil rights; and that from the introduction of Jews, no danger was to be dreaded either to the constitution or to Christianity. To refuse the bill, it was said, after admitting Catholics, would be an absurd and inexplicable contradiction. On a division the motion for introducing the bill was carried by a majority of one hundred and fifteen against ninety-seven. Before the second reading came on several petitions were presented in favour of the bill, from London, Leeds, Liverpool, and other places, as well as from private individuals. On the second reading the usual topics in favour of it were enforced by Sir Robert Wilson, Lord John Russell, and Messrs. O’Connell, Brougham, and Huskisson. Sir Robert Peel—for the honourable secretary had now become a baronet by the death of his father—said that he would not go so far as to say that this bill would unchristianize the legislature; but its principle was clearly this, that every form and ceremony whatever, which gave an assurance of adherence to Christianity, should be abolished; and all who supported the bill must maintain that every man, whether a sectarian or infidel, would have a right to the same concession, though he could give no affirmation which would afford a security to the state. General Gascoyne moved as an amendment that the bill should be read a second time that day six months, and on a division this was carried by a majority of two hundred and twenty-eight against one hundred and sixty-five, and the bill was lost.