OATHS, AFFIRMATIONS AND ATHEISTS
I got some interesting feedback on my last posting, so I’m going to say a bit more about Article 6 of the U.S. Constitution.
Article 6 declares that state and federal officeholders shall be bound by oath or affirmation to support the Constitution, but that no religious test shall ever be required as a qualification for public office.
The Framers of the Constitution were well aware that Britain, our mother country, not only had a national church, but also had a law called the Test Act, which required office holders to receive the sacrament of the Anglican Church before assuming their positions. This requirement, originally aimed at excluding Catholics, also effectively excluded non-Anglican Protestants and Jews.
The Framers were also well aware that many of America’s early settlers came here to escape religious persecution at home. Very likely, the provision of Article 6 that allowed office holders to “affirm” their loyalty to the Constitution, was a nod to the Quakers, who had religious scruples against the swearing of oaths. (The Framers were, after all, meeting in Philadelphia, the capital of a state that had been founded by Quakers.)
It is interesting to compare Article 6 with the subsequent expansion of religious liberty in England. The Test Act was repealed by Parliament in 1829. New members of Parliament still had to swear an oath before taking their seats, but by 1866, the language of the oath had been modified so that it could be taken in good conscience by Catholics, Jews and non-Anglican Protestants. There was even special legislation that allowed Quakers to “affirm.”
But atheists were another matter. In 1880, the radical Charles Bradlaugh, a well-known atheist and freethinker, was elected to Parliament. Initially, the House of Commons refused to let him take the necessary oath by affirmation, because he was very clearly not a Quaker.
Bradlaugh countered by asserting that under a law passed in 1869, witnesses in court who objected to being sworn could make a “promise or declaration” to give truthful evidence. Accordingly, he insisted that he belonged to a class of persons who, under the law, were permitted to affirm.
In a very unusual proceeding, Bradlaugh was allowed to address the House of Commons, without being sworn as a member. He spoke for half an hour.
“There is,” he declared, “no precedent – I respectfully submit there is no right – on the part of this House to stand between me and the oath which the law provides for me to take, which the statute under a penalty compels that I shall take.”
“I beg you gentlemen,” he concluded, “to pause before a step is taken in which we may both lose our dignity; mine is not much, but yours is that of the Commons of England.”
Unfortunately for Bradlaugh, the MPs were less careful of their dignity than he had hoped. They still refused to let him take the oath. And, when Bradlaugh, in turn, refused in protest to leave the chamber voluntarily, he was forcibly removed and briefly confined by the sergeant-at-arms.
Public opinion was aroused by this high-handed move, and the House of Commons was forced to back down. A week later, the members passed a resolution that allowed duly elected MPs to take the oath of office by affirmation.
When we reflect that this blot on the history of the Mother of Parliaments took place nearly a century after the ratification of our own Constitution, with its prohibition of religious tests, we have to renew our admiration the wisdom and foresight of our Founding Fathers.