The Sun.
London, England, 1839-02-23 00:00:00

ratiits, and that the taking of any oath is contrary to my reli-
igious belief." Did it stop there? No. The words were
superadded—" as well as essentially opposed to the tenets of
that sect." They would not require that from a Member of
the Church of England, and therefore this Bill was not placing
the Members of the Church of England on the same footing
as the sects whose religious principles were fundamentally op-
posed to it.—(Cheers.) His (Sir R. Peel's) chief objection
to the Bill was this, that they could not stand on the founda-
tion they were building. A great part of the argument
against the existing system was founded on this, that there
was no difference between the obligation of an assertion and the
obligation of an oath. Why, then, did they require a solemn
affirmation ?—( Cheers.) What did they mean by a solemn
affirmation ? Did they mean to superadd a religious sanction to
an assertion? If they did not, where was the distinction?
What was the nature of the religious sanction which they
sought to apply to the word solemn ? Suppose, as the Hon.
and Learned Gentleman had said, there should be a party who,
referring to the Word of God, found a prohibition against
swearing at all—why not respect that man? Why should you
visit him with punishment because he acted according to his
conscience? Suppose another man said, I find also in Scrip-
ture an injunction that my conversation shall be " Yea, yea,
nay, nay,: and that is all the declaration I shall make, and you
object to it as the condition of relieving me from an oath, while
in the word solemn" you imply a distinction between the asser-
tions I am to make in Court and those I am to make in ordinary
transactions, I think you ought not to draw a distinction between
degrees of veracity and credibility, and you ought not, by the
use of the words " solemn affirmation," to make it appear
more binding than the bare assertion of a man. I clam,
therefore, to be relieved from your solemn affiesnation. I ask
you to trust to my word—to permit me to quote the text
which I think favours my construction. What would they do
with that man ? They would say his religious.. scruples were
without foundation.—( Cheers. ) If they passed this Bill they
could not stop short of an enactment to this effect, that no man
should be bound to make an oath, but that every man should
give his evidence in a Court of Justice, or perform the func-
tions of a Juror, exactly upon that sanction, which, according
to his preconceived opoinion, he might think best. The Hon.
Gentleman said they would take his security by a preliminary
declaration, but that would be no security against scruples
and they must come to this, that no man should make any de-
claration whatever. To push this argument to its natural con-
sequence, every Juror who hail to pronounce npon the life of
another must be released from all religious sanction.—
( Hear, hear.) Balancing the advantages, limited in extent,
with the enormous evils which would flow from the con-
sequences of this Bill he must give his vote against it.
Mr. LAW explained that it was net his intention to direct
the expression which had been remarked upon, against either
the Quakers, Aleravians, or Separatists.
The SOLICITOR-GENERAL said he could not
complain of the tone in which the Right Honourable
Baronet had discussed this question, for he had stated
it to be a question of the balance of convenience and
inconvenience, of which he conceived the inconvenience to pre-
ponderate. It, order to arrive at that conclusion the House
must consider that he was driven to the necessity of pushing
the question to the extreme—a limit which he, the Solicitor-
General, did not shrink from putting to the test. He was ready
to admit, if in the progress of society that there should be
cla-ses of persons who had a conscientious scruple in saying—
" I solemnly affirm so and so," exactly the same principle
which induced him now to say he would not put the indi-
vidual to his oath would lead him to say he would not
put him to his affirmation.—( Cheers from the Opposition,
and counter cheers from the Ministerial benches,) He sup-
posed Hon. Gentlemen opposite who cheered meant to say that
was absurd, but he saw nothing absurd in it. Why require an
oath at all ? Some people said it was the only test of the truth
of what a party had to say. Let him call the attention of the
House to one circumstance connected with this case, which
would throw a great doubt on their sincerity who trusted so
much to an oath. It frequently happened that a witness had
stated something which he afterwards deemed on oath. If this
importance of an oath had any weight, they ought to say,
Never mind, he only said it when not under the sanction of an
oath; yet everybody knew the case was established against hlm
when they could get him to contradict an oath what he had
previously stated. Of what value then was the oath in this ease ?
It was not the oath that gave the sanction, but the solemnity of
the mannei in which it was administered, and the circumstances
under which it was taken. He would -sk whether the present
alteration was novel ? Certainly not. lion. Gentlemen
must be aware of the great alteration that vas made in 1829,
when a declaration was substituted for en oath on taking office.
He did not think the House would gain much by saying that
exemption should be given to Quakers, Moravians, and Sepa-
ratists, but not to individuals of other denominations. He
thought the ajection of the Right Hon. Baronet was a most
cogent reason why the Bill should go before a Committee. lie
felt the strongest conviction that the time would sho. tly ast4ve
w hen it would be considered a complete mockery to tb;- • •
K more
of an oath than a statement. He considered
prejudice
favour of an oath would be removed by ti-
n" in
.
Me. PRYME rose amid loud er' .ee and education.
and " Divide, divide." 11'
es of "Question, question,"
differed on matters Pr
sse did not see why Quakers, who
others. phraseology, should have privileges above
Sts•
..ange.s were then ordered to withdraw, and the House di-
vided, when there apposed—
For going into Committee 93
Against it
Majority against going into Committee
The Bill was consequently lost.
The House then adjourned.

FROM LAST NIGHT'S GAZETTE.

At the Court at St. James's, the 20th day of February, 1839,
present, the Queen's Most Excellent Majesty in Council,
Her Majesty having been pleased to appoint the Most Noble
Constantine Henry Marquis of Normanby to be one of Her Ma-
jesty's Principal Secretaries of State, his Lordship was this
day, by her Majesty's command, sworn one of her Majesty's
Principal Secretaries of State accordingly.
Her Majesty having been pleased to appoint the Right Hon.
Robert John Lord Carrington to be Lord Lieutenant and Cus-
tos Rotulorum of the county of Buckir.gham, his Lordship
this day too': the Oaths appointed to be taken thereupon, in-
stead of the Oaths of Allegiance and Supremacy.

CROWN-OFFICE, FEB. 19, 1839.
MEMBER RETURNED TO SERVE IN THIS PRESENT

PARLIAMENT.

COUNTY OF BUCKINGHANI.—CaIedon George Du Pre,
Esq., in the room of the Marquis of Chandos, now Duke of
Buckingham and Chandos.

WAR-OFFICE, FEB. 22.

6th Regiment of Dragoon Guards—Gaptain B. J. Knight,
from the half-pay Unattached, to be Captain, vice R. T.
Gerard, who exchanges, Feb. 22.
7th Regiment of Light Dragoons—Serjcant-Major H.
Humphrys, to be Quartermaster, vice T. Blackier, who retires
upon half-pay, Feb. 22.
2d Regiment of Foot—J. Jopp, M.D., to be Assistant-Sur-
geon, vice Hibbert, appointed to the 15th Light Dragoons,
Feb. 22.

9th Foot—Lieut. C. Hind to be Captain, by purchase, vice
Telford, who retires; Ensign F. D. Lister to be Lieutenant,
by pur-hase, vi• e Hind ; D. B. Macleod, Gent., to be Ensign,
by purchase, vice Lister, Feb. 22.
10th Foot—Captain W. Tedlie, from the half-pay Unat-
tached, to be Captain, vice W. Rannie, who exchanges, receiv-
ing the difference, Feb. 22.
17th Foot—Ensign T. 0. Ruttledge to be Lieutenant, by
ourehase vice De Burgh, who retires, April 23, 1838; Ensign
h. H. Cormick to be Lieutenant, by purchase, vice Ruttledge,
whose promotion, on the 20th July last, has not taken place ;
A. M‘Kinstry, Gent., to be Ensign, by purchase, vice Cor-
miek, Feb. 22.
26th Foot—Lieutenant J. Shum to be Captain, by purchase,
vice flovenden, who retires ; Ensign H. J. W. Postlethwaite
to be Lieutenant, by purchase, vice Shum ; A. F. Wall .ce,
Gent., to be Ensign, by purcbase, vice Postlethsvaite, Feb. 22.
31st Foot—Lieutenant H. K. Sayers, from the 2d West In-
dia Regiment, to be Lieutenant, vice Hutchinson, who ex-
changes, Feb. 22.
52d Foot—Ensign G. Campbell to be Lieutenant, without
purchase, vice Surtees, deceased, Dec. 21 ; Ensign W. H. F.
Cavendish to be Lieutenant, by purchase, vice Campbell. whose
promotion, by purchase, has not taken place, Feb. 22; Lieu-
tenant C. J. C. Mills, from the 59th Regiment, to be Lieute-
nant, without purchase, vice Napier, appointed to the Cape
Corps, Feb. 23 ; R. 0. Cuming. Gent., to be Ensign, without
purchase, vice Cavendish, Feb. 22.
59th Foot—Lieut. J. M. Isaac, from the Cape Mounted
Riflemen, to be Lieutenant, vice Mills, appointed to the
Regiment, Feb. 23.
66th Foot—Lieut. G. L. Dames to be Captain., by purchase,
vice llamas, who retires; Ensign G. A. Taylor, to be Lieute-
nant, by purchase, vice Dames ; G. M. Knipe, Gent., to be
Ensign, by purchase, vice Taylor, Feb. 22,
91st Foot—Lieut. W. G. Scott to be Captain, by purchase,
vice Boyd, who retires; Ensign J. Christie to be Lieutenant,
by purchase, vice Scott; W. T, L. Patterson, Gent., to be
`E ns ign , by purchase, Tice Christie, Feb. 22; J. Paton, Gent.,
to be Ensign, by purchase, vice White, who retires, Feb. 23.
94th Foot—P. Estwick, Gent., to be Ensign, by purchase,
vice Osborne, who retires ; Captain W. B. M'Alpine, from
the half-ray UnAtached, to be Paymaster, vice Paterson, de-
ceased, Feb. 22.

2d West India Regiment—Lieut. B. tE. S. Hutchinson,
from the 31st Regiment, to be Lieutenant, vice Sayers, who
exchanges ; E,nsi n G. Griffin to be Lieutenant, without pur-
chase, vioe Halliday, deceased ; W. M. Murray, Gent., to be
Ensign, vice Griffin, Feb. 22.

Cu Mounted Riflemen—Lieut. G. T. C. Napier, from the
52d Regiment, to be Lieutenant, vice Isaac, appointed to the
59th Regiment, Feb. 23,
BREVET. —Capt. W. Tedlie, of the 10th Regiment, to be
Major 4A the Army, Jan_ 10.
HosmTAL STA ry.—B. U. Hamilton, Gent., to be Assistant-
Surgeon to the Forces, vice Ottaway, who resigns. Feb. 22.
IivIEMORANDUM.—The Christian names of Ensign Donald-
son, of the Royal African Colonial Corps, are Thomas Hislop
Janes, The commission of Deputy-Assistant Commissary-
General George Bull has been cancelled from the sth of
February 1839, he having received a commuted allowance for
his half-pay.

Commissions by the Lord Lieutenant of Surrey.
Surrey Regiment of Yeomanry Cavalry—F. Mangles, Esq.,
to be Captain ; J. Hart, to be Cornet, Feb. 11.

CROWN-OFFICE, FEEL 21.

- -
Days and Places appointed for holding the Lent Assizes, 1839 :
MIDLAND CIRCUIT.
The Right Hon. THOMAS Loan DENMAN, Lord Chief Justice;
The Right Hon. Sir JOHN BERNAILD BOSANQUET.
Northamptonshire—Monday, March 4, at Northampton
Rutlandshire—Friday, March 8, at Oakham.
Lincolnshire—Saturday, March 9, at the Castle of Lincoln.
City of Lincoln—Same day, at the City of Lincoln.
Nottinghamshire—Friday, March 15, at Nottingham.
Town of Nottingham—Same day, at the Town of Nottingham.
Derbyshire—Tuesday, March 19, at Derby.
Leicestershire—Friday, March 22, at the Castle of Leicester.
Borough of Leicester—Same day, at the Borough of Leicester.
City of Coventry—Wednesday, March 27, at the City of Coventry.
Warwickshire—Same day, at Warwick.
NORFOLK CIRCUIT.
_ _ _

The Right Hon. Sir NicoLAs CONYNGHA 31 TINDAL, KM,
Lord Chief Justice ; the Right lion. Sir Joni VA COHAN.
Buckinghamshire—Monday, March 11, at Aylesbury.
13edfordshire—Saturday, March 16, at Bed'ord.
11untingdonshire—Wednesday, March 20, at Huntingdon.
Cambridgeshire—Saturday, March 23, at Cambridge.
Suffolk—Saturday, March 30, at Bury St. Edmund's.
Norfolk—Saturday, April 6, at the Castle of Norwich.
City of Norwich—Same day, at the Guildhall of the said City
of Norwich.

HOME CIRCUIT.
The Right Hein, J.a.xtEs Loan MUNGER, Lord Chief Baron ;
Mr. Justice LITTLEDALE.
Hertfordshire—Wednesday, Pt). 27, at Hertford.
Essex—Monday, 4, at Chelmsford. 1°:
1
Kent—A!..on -day,
March 11, at Maidstone,
--ad
Sussex—Monday, March 18, at Lewes.
Winchester,
Surrey—Monday, March '25, at Kingston-upon-Thames.
Castlela uo
fr.f
1:v.
WESTERN CIRCUIT.
Southampton—Thursday,Feb., ,
Mr. Baron.
G ults'F% ;2Vral Ethaeronl‘
Wiltshire—Wednesday, March 6, at New Sarum,
Dorsetshire—Tuesday, March 12, at Dorchester.
Devonshire—Monday, March 18, at the Castle of Exeter.
City of Exeter—Same day, at the Guildhall, City of Exeter.
Cornwall—Tuesday, March 26, at Bodmin.
Somersetshire—Tuesday, April 2, at the Castle of Taunton.