THREE:In pursuance of this resolution, Lord John Russell, soon after the meeting of Parliament in 1851, introduced his Jewish Emancipation Bill once more. The usual arguments were reiterated on both sides, and the second reading was carried by the reduced majority of 25. In the House of Lords the second reading was moved by the Lord Chancellor, on the 17th of July, when it was thrown out by a majority of 36. In the meantime Alderman Salomons had been returned as member for Greenwich, and, following the example of Baron Rothschild, he appeared at the bar, and offered to take the oath on the Old Testament, omitting the phrase, "on the true faith of a Christian." The Speaker then desired him to withdraw; but he took a seat, notwithstanding. The order of the Speaker was repeated in a more peremptory tone, and the honourable member retired to a bench behind the bar. The question of his right to sit was then debated. Sir Benjamin Hall asked the Ministers whether they were disposed to prosecute Mr. Salomons, if he persisted in taking his seat, in order to test his legal right. Lord John Russell having answered in the negative, Mr. Salomons entered the House, amidst loud cries of "Order!" "Chair!" the Speaker's imperative command, "Withdraw!" ringing above all. The Speaker then appealed to the House to enforce his order. Lord John Russell then moved a resolution that Mr. Salomons should withdraw. Mr. Bernal Osborne moved an amendment. The House became a scene of confusion; and in the midst of a storm of angry cries and counter-cries, Mr. Anstey moved the adjournment of the debate. The House divided and Mr. Salomons voted with the minority. The House again divided on Mr. Bernal Osborne's amendment, that the honourable gentleman was entitled to take his seat, which was negatived by 229 against 81. In defiance of this decision, Mr. Salomons again entered and took his seat. He then addressed the House, stating that it was far from his desire to do anything that might appear contumacious or presumptuous. Returned by a large constituency, he appeared in defence of their rights and privileges as well as his own; but whatever might be the decision of the House, he would not abide by it, unless there was just sufficient force used to make him feel that he was acting under coercion. Lord John Russell called upon the House to support the authority of the Speaker and its own dignity. Two divisions followedone on a motion for adjourning the debate, and another on the right of Mr. Salomons to sit, in both of which he voted. The latter was carried by a large majority; when the Speaker renewed his order to withdraw, and the honourable gentleman not complying, the Serjeant-at-Arms touched him lightly on the shoulder, and led him below the bar. Another long debate ensued on the legal question; and the House divided on two motions, which had no result. The discussion of the question was adjourned to the 28th of July, when petitions from London and Greenwich, demanding the admission of their excluded representatives, came under consideration. The Speaker announced that he had received a letter from Alderman Salomons, stating that several notices of actions for penalties had been served upon him in consequence of his having[604] sat and voted in the House. A motion that the petitioners should be heard at the bar of the House was rejected; and Lord John Russell's resolution, denying the right of Mr. Salomons to sit without taking the oath in the usual form, was carried by a majority of 55. And so the vexed question was placed in abeyance for another year so far as Parliament was concerned. But an action was brought in the Court of Exchequer, against Alderman Salomons, to recover the penalty of 500, for sitting and voting without taking the oath. The question was elaborately argued by the ablest counsel. Judgment was given for the plaintiff. There was an appeal from this judgment, by a writ of error, when the Lord Chief Justice Campbell, with Justices Coleridge, Cresswell, Wightman, Williams, and Crompton, heard the case again argued at great length. The Court unanimously decided that the words, "on the true faith of a Christian," formed an essential part of the oath; and that, according to the existing law, the Jews were excluded from sitting in either House of Parliament. This judgment was given in the sittings after Hilary Term, in 1852.
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THREE:On the 15th of April, notwithstanding Luttrell's signal defeat, the House of Commons, on the motion of Onslow, son of the late Speaker, voted, after a violent debate, by a majority of fifty-four, that "Henry Lawes Luttrell, Esq., ought to have been returned for Middlesex." The debate was very obstinate. The whole of the Grenville interest, including Lord Temple, was employed against Government, and the decision was not made till three o'clock on Sunday morning.This was to send a part of Lincoln's militia, under Colonel Brown, to endeavour to surprise Fort Ticonderoga, Mount Independence, and Fort George, to capture or destroy all the stores there, to hold them in strong force, and thus completely to cut off Burgoyne's retreat by the lakes to Canada. Brown, being joined by another body of militia under Colonel Johnson, invested Ticonderoga. Being repulsed there, he sailed through Lake George in the vessels he had taken; made a fresh attempt upon Diamond Island, and, being also repulsed there, he set fire to the captured vessels, and returned to the American camp in the rear of Burgoyne. Partial as his success had been, he had, however, opened the route, and whilst he and the rest of the militia were watching Burgoyne, other bodies of Americans were mustering in his track, and the retreat of Burgoyne became an impossibility. He could stay where he was no longer. His provisions were exhausted; his horses were dying for lack of forage, and his situation was most deplorable.
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