On the 7th of February 1882, when Bradlaugh as before presented himself at the table of the House, he was as before interrupted by Sir Stafford Northcote, who made his customary motion. This time, however, it was rested on the ground that Bradlaugh had admitted himself to be a person of a class on whom the law declared an oath had "no binding effect." Thus the Opposition stood explicitly on the nefarious application of an ambiguous legal formula, which, as has been above shown, was not at all framed to carry the meaning thus put upon it. On this occasion nothing seems to have been said by the Tory leader in his opening speech about "profanation."
Bradlaugh withdrew to the bar pending the discussion, and Sir William Harcourt, in Gladstone's absence, briefly moved the previous question. Newdegate followed with an imbecile speech, which supplied a useful measure of the minds of those who had supported him throughout the country. He pointed to the history of France, protested against the proposed Channel Tunnel, and argued that to admit Bradlaugh would be "to destroy the distinctions between the basis of government in the two countries." Further,
"let them compare the condition of the two countries. While the wealth and the population of France were stationary, and the prestige of her arms was gone, England's wealth had increased and her kingdom expanded into empire. The fundamental difference between the two countries was this—that in the coronation oath taken by the Sovereign, and in the oath taken by members of both Houses of Parliament, a Deity was recognised, and the people venerated the obligation. There was but one other country in the world besides England that had not been conquered or had not suffered from revolution, and that was Russia.... Both countries based the claim of their Government to the respect of their subjects upon the Word of God. The United States had not adopted that system, and they had seen a civil war and two Presidents murdered there."
Bradlaugh was then allowed to make his Third Speech at the Bar. He struck briefly but sufficiently at the speech of Newdegate; and once more nailed down the eternal misrepresentation as to his having "paraded his opinions." When he reminded the House that his letter of 20th May was outside the House, and that he had objected to the Committee taking cognisance of it, the Opposition laughed. He reminded them that judges give a silent hearing to a man pleading his case. "If you are unfit to be judges, then do not judge." Again he put the plain dilemma: "If what I did entitles the House not to receive me, why has not the House had the courage of its opinions and vacated the seat?" Then came a graver challenge:—
"I have read within the last few days words spoken, not by members of no consequence, but by members occupying high positions in this House, which made me wonder if this is the House of Commons to which I aspired so much. I have read that one right hon. member, the member for Whitehaven[159]—(laughter from the Ministerial side)—was prompted to say to his constituents that I was kicked downstairs last session, and that he hoped I should be again. If it were true that I was kicked downstairs, I would ask the members of the House of Commons on whom the shame, on whom the disgrace, on whom the stigma? I dare not apply this, but history will when I have mouldered, and you too, and our passions are quite gone. But it is not quite true that I was kicked downstairs, and it is a dangerous thing to say that I was, for it means that hon. members who should rely on law rely on force. It is a dangerous provocation to conflict to throw to the people. If I had been as wicked in my thought as some members are reported to have been in their speech, this quarrel, not of my provoking, would assume a future to make us all ashamed."
As the speech went on, he came into more and more sharp conflict with his antagonists.
"Does the House," he asked, "mean that it is a party to each oath taken? ('Hear.') There was a time when most clearly it was not so a party. There was a time when the oath was not even taken in the presence of members at all. But does the House mean it is a party now? Was it a party the session before last? Was it a party when Mr Hall[160] walked up to that table, cheered by members on the other side who knew his seat was won by deliberate bribery?—(loud Opposition cries of 'Order')—bribery sought to be concealed by the most corrupt perjury. Did the House join in it? (Renewed cries of 'Order.') If the House did not join in it, why did you cheer so that the words of the oath were drowned? Was the House a party when John Stuart Mill sat in this House?"
After repeating his former explicit declaration that the words of adjuration would in no way weaken the binding effect of the promise on his honour and conscience, he was met by jeers, and he began: "Members of the House who are ignorant of what is honour and conscience," meaning to add "in the case of a non-religionist" or words to that effect. He was again interrupted by loud cries of "Order" and "Withdraw" from the men who had just been insulting him en masse. He asked to be allowed to finish his sentence, but was still interrupted by the mob of hon. gentlemen on the Opposition benches. "These," he cried, pointing at the rowdies, "these are my judges." There was a silence, and he went on. His blood was up, and he spoke at greater length than before, dwelling among other things on the scene of August, and indignantly rebuking those who had exulted in it. In conclusion, he offered to stand aside for four or five weeks if the House would in that time discuss an Affirmation Bill. Nay, if they feared to make it a Bradlaugh Relief Bill, he would resign his seat and stand for re-election. The Liberals cheered at this, and he ended: "I have no fear. If I am not fit for my constituents, they shall dismiss me, but you never shall. The grave alone shall make me yield."
Mr Labouchere, speaking next, stated that he had had sent him over 750 fresh petitions, signed by about 170,000, in favour of Bradlaugh being allowed to take his seat, and that other Liberal members had received petitions signed by about 100,000 more. He proceeded to challenge Northcote to abide by his own declaration of the previous year, that the question should be legislated on by the Government; and Northcote rose to make a second speech. He too, he averred, had received many petitions, and among others one from Northampton, "signed by 10,300 persons, giving their occupations and addresses"—a manifest prevarication, inasmuch as many of the 10,000 must have been the wives and children of the Tory electors.[161] On the Government amendment he objected to "profanation of the oath;" and as to the obstruction of the Oaths Bill last session, he reminded the Government that though they had certainly been somewhat obstructed, they might at any later time have put the Bill first on a Government night. As before, however, the Tory leader declined to make any "bargain." Gladstone replied, pointing out that it had been quite impossible for the Ministry to push the Oaths Bill as suggested, and declining to promise that the Government would give precedence to an Oaths Bill. They should let Bradlaugh swear, and take his chances in the law courts as before. On this theme he rang the changes, without much energy. After a number of minor speeches the House divided, when there voted for Northcote's resolution 286, and for the previous question only 228. Such a vote served to dispose of the view which had been advanced by some Liberals, that the minority of 26th April 1881 was due to the absence of many of their party who were prolonging their holiday, while all the Tories were in town for Beaconsfield's funeral. Some seventy "Liberals" had now deliberately stayed away (among them being Mr Goschen, Sir John Lubbock, Sir E. Reed, and Sir A. Gordon), while the whole Parnellite members present voted with the Tories. Five Scotch, eight Irish, and fifteen English Liberals did the same, among the latter being Mr Samuel Morley and Sir Edward Watkin.
Immediately on the vote being announced, and the question being put, Bradlaugh presented himself afresh, refusing as formerly to obey the resolution. The usual appeal from the Speaker elicited the usual motion from Northcote, which being carried, Bradlaugh said: "It would be undignified in me to indulge in any other kind of contest on the floor. I respectfully obey the House, and withdraw below the bar." The struggle was now apparently reduced to something like a recognised set of moves, all of which had been made and might be in due course made again; and Bradlaugh for the present was left to attend every meeting of the House, sitting beyond the bar, but without the power of voting or speaking.