Bradlaugh at once appealed to his constituents to choose whether or not he should resign; and they promptly decided that he should not; while some thirty indignation meetings were held throughout the country within a week, all condemning the action of the House of Commons. The law advisers of the Crown further formally declared on challenge that the seat was not vacant; and Bradlaugh wrote Gladstone, formally asking whether he was prepared to do anything. Gladstone on 18th February formally replied that he was not. Bradlaugh then took a new step, forcing the question on the House more determinedly than ever.

On Monday, 20th February, Mr Labouchere formally moved in the House that a new writ be issued for Northampton, seeing that Bradlaugh had been prevented from taking the oath and his seat. Churchill moved to amend the motion by substituting a description of Bradlaugh as "disqualified." The Attorney-General formally opposed, and the perplexed Northcote did likewise, being guided by the sole fact that the motion was proposed by Bradlaugh's friendly colleague. After a debate, in which Northcote was dishonest enough to assert once more that Bradlaugh had "claimed" to be "a person on whose conscience the oath was not binding," the amendment was negatived, as was the proposition that the words proposed to be left out should be left in. The resolution was thus left at a stand at the word "who;" and on the unfinished sentence the House proceeded to divide. When it seemed as if the "Noes" would "have it" without a division, Bradlaugh moved from his seat and stood at the bar; but on Mr Labouchere's challenging a division he returned. On the vote being taken there were 307 "Noes" to 18 "Ayes." The House thus explicitly refused to decide that the seat should be vacated, though they were all the while preventing it from being taken.

Bradlaugh was once more at the bar when the tellers announced the figures. Immediately he walked up the floor to the table, members looking on without excitement, counting on a repetition of the old scene. But this time "the scene was changed." While members waited for the usual action of the Speaker, it suddenly dawned on them that Bradlaugh had a book in his hand—it was the regulation "New Testament"—and was taking the oath of his own accord! He had gone through the whole mummery before the excited House could collect its faculties, and he duly finished by subscribing a written oath on a sheet of paper with a pocket pen. The Speaker was on his feet; the Clerk had come half-way to meet Bradlaugh; and Northcote had risen to speak, and sat down again, speechless. The Speaker mechanically called on Bradlaugh, as usual, to withdraw below the bar. He did so, but in doing it announced that he should return and take his seat, which he did, seating himself on a back bench. The Speaker solemnly charged him with disobedience, to which Bradlaugh blandly responded that he had obeyed them, and had taken his seat in addition, having first taken the oath. On the Speaker insisting, however, he once more withdrew beyond the bar, sitting under the gallery as before. Churchill, collecting himself more promptly than his leader, argued that Bradlaugh, having taken his seat "without taking the oath," "was as dead," and moved that the seat be declared vacant. The Attorney-General professionally pointed out that to vacate the seat under the statute the offending member must vote or sit during a debate. He suggested that the House had better adjourn the discussion, which it did after much further speech-making, in the course of which Churchill declared that Bradlaugh had "deliberately insulted the House," not for the first time; other members of similar dignity speaking to similar effect.

Next day the debate was resumed. Gladstone made a long and scrupulously bland speech, in the course of which he endured much contradiction of those who thought him insufficiently zealous for the honour of Omnipotence, concluding by saying that he left it to the majority to act for themselves. Northcote was laboriously indignant, and lengthily led up to a motion "that the Sergeant-at-Arms be instructed to prevent Bradlaugh from entering the precincts of the House," which motion, on the correction of the Speaker, he converted into an amendment to that of Churchill. A dispute arose on behalf of Dr Lyons, who had on the previous night given notice of a more drastic motion, but had not "caught the Speaker's eye" when he rose before Northcote. Then the debate drifted on; some members drivelling, some ranting, some platitudinising. At length Churchill's motion was negatived, whereupon Dr Lyons proposed his declaring Bradlaugh incapable of sitting, as an amendment to Northcote's. The pious Lyons was of opinion that "behind the particular issue there lay a great moral question," which, however, he did not specify. Again the debate rolled on. At length it was noticed that Bradlaugh had once more taken his seat within the House. The Speaker challenged him, and Bradlaugh began to explain that he proposed to "ask the indulgence of the House," when his voice was drowned in yells of "Order." The Speaker then solemnly charged him afresh with disobedience, and called "the attention of the House to that circumstance." Gladstone rose in response to calls; but the Speaker hastily interposed to call upon Bradlaugh to withdraw beyond the bar, which he did, formally protesting. Gladstone blandly observed that there was now no disobedience to deal with, and that it was not incumbent on him to do anything. Northcote arose in a state of ostensible but flabby indignation, and declared that "he must say there was a limit" to his "very moderate line." He now proposed to withdraw his amendment and substitute a motion of expulsion. Gladstone suavely intimated that he should not object to the withdrawal of the amendment, and Dr Lyons was induced to withdraw his likewise. The motion for expulsion, on the ground that Bradlaugh had, "in contempt of the authority of the House, irregularly and contumaciously pretended to take the oath," was then put, and Gladstone intimated in a period that he would not oppose. Mr Labouchere dropped the very apt remark that "he had always found that when the House was exercising judicial functions it got into an unjudicial frame of mind," and pointed out that Bradlaugh's action had been taken to obtain a case for legal judgment, and could not reasonably be termed "insulting." On a division, 291 voted for the amendment proposing expulsion and 83 against; some Liberals salving their consciences with the formula that "the House must maintain the authority of the chair."

A new point was raised by the intimation of one of the tellers that Bradlaugh had voted in the division. He had thereby completed the legal circumstances for a test case. The Speaker again asked for instructions, but Northcote, rather than begin a fresh debate, let the matter pass. Then arose the question, energetically put by Mr Storey, whether Bradlaugh should not be heard afresh in his defence; but this too had to be dropped. On the substantive motion being put, 297 voted with Northcote, and 80 against; and a motion for a new writ was at once agreed to by Mr Labouchere.

§ 15.

Not only his constituents, but the people generally, gave Bradlaugh their instant and warm support. At a great Sunday meeting at Manchester, to which hundreds of men had trudged many miles through the rain in the early morning, over hills and moors, from the country round, some of them only to find the hall full to the door, he had a reception which brought tears to his eyes. At Northampton, of course, the struggle was desperate. Mr Samuel Morley, bent on making reparation to his Deity for his one act of rational tolerance, followed up his many Tory votes by a letter to the Northampton Nonconformists, asking them to vote for the Tory candidate as an "act of allegiance to God;" but, on the other hand, the Radical Association of Bristol (the town for which he sat), who had by this time, after twice hearing Bradlaugh, determined to unseat their member, sent 3000 copies of an address begging the Northampton electors to return Bradlaugh by an overwhelming majority of votes. A meeting of delegates from some scores of workmen's clubs in London sent down 10,000 copies of a similar appeal. When Bradlaugh went down, thousands of people lined the streets to see him pass to say a few words in the Market Square. Radicals came from other towns to help in the canvassing, and Mr Labouchere gave his powerful aid. The Tories, on their part, did their utmost, using, if possible, viler weapons than before; and meantime they had been adding every possible vote to the register. The insolence of the Tory candidate to the workers was such that several of his meetings were broken up. The outcome of desperate efforts was that Corbett, the Tory, received rather more of the new votes than Bradlaugh, the figures being 3796 to 3688, a majority for Bradlaugh of 108 (2nd March 1882). In the fury of despair, the Tories had demanded a re-count of the votes, but this had only altered the majority by three. The betting fraternity, who had mostly laid their money on the side of "religion," were naturally enraged; and Corbett was reported to say on leaving, "I shan't come back to your dirty town any more." When the news spread, the fury did. One academic ruffian wrote in the Saturday Review:—

"The average Northampton elector and the rascal who shot at the Queen, while the average Northampton elector was voting for Mr Bradlaugh, probably acted from motives not dissimilar in kind, though the acts to which those motives led differed in degree of heinousness."

Journals which had predicted that Bradlaugh would be defeated, now propagated the lie that he had been carried by terrorism—their own terrorism having failed. By the workers in general the news was received with delight; in most towns it was waited for on the evening of the election with intense excitement, and acclaimed with unbounded enthusiasm. The House of Commons, however, was not to be turned from its evil courses.

On 4th March Northcote notified Bradlaugh of his intention to take the same course as formerly if he presented himself, and to make a motion on the writ if he did not. Bradlaugh replied, saying he presumed the motion would be one to promote the legislation which Northcote had often said ought to take place. "I congratulate you," he concluded, "on the return of at least yourself to some respect for the law, and beg to assure you that I shall in such case do my best to help you to avoid further embittering a conflict of which I am sure you must feel heartily ashamed." On Monday, 6th March, Northcote asked the Speaker whether the resolution of 7th February was still in force, and was answered in the negative. He was proceeding to say he would make a motion, when successive protests against the interruption were made by Mr Labouchere and Mr Dillwyn. The Speaker overruled both, and Northcote moved that Bradlaugh, should he present himself, be not allowed to take the oath. On the Liberal side, Mr E. Marjoribanks (now Lord Tweedmouth) moved as an amendment a resolution that it was desirable so to alter the law as to permit any elected member to take the oath or make affirmation, at his choice. With the worst of bad taste, Mr Marjoribanks, who had before declared his preference for decorous hypocrisy, went on to explain that he was "one of the very large section of that House who regarded Mr Bradlaugh's conduct both within and without that House with something very like disgust and indignation," and to describe the recent oath-taking as an "unworthy manœuvre"—a display of class hatred which may serve to suggest the nature of the feeling on the Tory side. Mr Labouchere, after defending his colleague, undertook for him that if the amendment were carried he would not present himself until a decision was come to. Gladstone formally approved of the amendment; but after a long debate of the usual kind, it received only 244 votes against 259, to the wild delight of the Opposition. Twelve Liberals, including Mr S. Morley, Mr Torrens, and Mr Walter; and twenty-six Home Rulers, including Mr McCarthy and Mr Sexton, had voted with Northcote.