The Sun.
London, England, 1846-10-12 00:00:00

for enabling Quakers and Moravians in all cases and in ;
All places to make his or her solemn affirm ‘tion or
the
inslea.,l of an 0,,,r1 ; for t% copy of
Order in Council sent in F_-brow). IS3B. coram•tnanig
them to register an A " for the more etf,-?ctit
Lion of Oaths anal Affir:na-ions in a• ions dep .r
the State, and to t-übstitute declarations in lieu the;-eof; '
and also for a copy of the Order in Council, dated Jan.
17, 1839, commanding them to register the " Dissenters
Oath Act," all which Orders in Council, I understand,
have been disobeyed-
" Mr. Godfray informed me, that he could not furnish
me with copies of the said Orders in Council, because
they had not been registered. I shall therefore feel
obligedd, if you will give directions to those who may
have the custody of the sail orders, either to supply me
with copies of the same, or to allow me to inspect tnem,
so that I may acquire the necessary information to make
a representation to her Majesty's principal Secretary of
State upon the subject.—l have the honour to be, Sir,
your most obedient and very humble servant,
" ABRAHAM JONES LE CRAS.
"Sir John De Veulle, Knt., of Jersey."
The following is a copy of the Bailiff's answer :
" Portland place, St. Helier's, Ist 0ct.,1846.
" Sir,—l beg to acknowledge the receipt of your letter,
dated the Ist inst.,* received on the 30th Sept., and in
reply, to inform you, that I consider that the Grt ffier
acted very properly in declining to give you copies of the
Order of Council and Acts of Parliament mentioned in i
your cousmunication, which it apcears have not been
registered, and are not in force in this island. I beg
further to observe, that I could not c9nsistently with my
duty, direct him to c immunicate to you any document
which is not duly registered, or which does not emanate
from any of the local authorities.—l have the honour to
be, Sir, your obedient servant,

"J. DE VEIILLE.

"Mr. A. J. Le Cras."
Before we conclude we must make a few remarks.
F.rst, as regards the judgment. Lempriere pretended
that, being of the persuasion called Quakers, he could
not be compelled to take oath, but must be heard on his
solemn affirmation, conformably to the Act of Parlia-
ment 3d and 4th, Will. IV., c. 49. Now the Act of the
Court says, " conformably to an Act of Parliament,"
without specifying what one, and singular enough, it
says, " the said Act of Parliament has not been regis-
tered." Really, this slovenly way of rendering judgment
is unpardonable. The Act of the Court then goes on to
say, "considering that the project of law passed by the
States, on the 7th March, 1842, in order to assimilate
the law in this island to that now in England, respecting
the Quakers and Alorasians, has not obtained the royal
sanction, and that therefore if Philip Lempriere was to
make a false declaration, there exists no law by virtue
of which he would be punishable, as a witness would be
who should falsify his oath, the Court has adjudged that
he is bound to take the customary oath as contAined in
the code of 1771." Thus, this judgment is not founded
on the pretension, but is altogether beside the question.
The witness claimed the benefit of the law, and no power
upon earth can lawfully withhold it. The affirmation of
Quakers has long been known in Jersey and pro-
vided for by the laws of the island, enacted by competent
authority, but then those laws have been repudiated.
So then the Court, take advantage of their own wrong
or disobedience towards her Majesty, by declaring that
the Act of Parliament which they refused to register,
has not acquired force of law! They say nothing the
Order in Council which commanded them t register it,
and which order, as well as cove -al others, have not
been registered, although Mr. Ln Breton as-urcd the
Commissioners that " Orders in C ,until were always re-
gistered, notwithstanding the Court had the power to
suspend them until a representation was male." Again:
because the States have passed a project to supersede
the Act of l'arliament, which project has been disaltvwd,
the Royal Court declare there is no law N. the punish-
ment of Quakers, who may make a false declaration.
Now what said Mr. Le Breton before the Commis-
sioners? "Although we have no criminal law, but the
coutumier, yet the Court uses its discretion in the
punishment of crime." Then why not hare done so in
the present case? whether there is or not, a law, far the
punishment of a false declaration, the Court was bound
to admit the witness to affirm, conformably to Act of
Parliament. It was bound to administer the law just as
they found it, and not to anticipate, that the witness
would perjure himself. By cluing so, they have violated
a positive law to prevent a bare coningence—which is a
grave dereliction of their duty. If they -did not think
proper to admit fenapriere to depose on his affirmation
they ought to have di'pensed with his evidence, and not
to have imprisoned him for nonconformity.
The Act of Parliament under which Lempriere
claimed exemption was applicable to all the British
dominions; besides, there was an express Provision made
in the Code of Laws, permitting persons calling them-
selves Quakers to to heard on their solemn affirmation
in certain cases, which is a recognition of the right. It
was an Act of George IL, for collecting moneys for the
support of Greenwich Hospital, and contains the fol-
lowing clause:—"Provided and be it further enacted
by the authority aforesaid, that in all cases, wherein by
this Act an oath is required or appointed to be taken,
the solemn affirmation or declaration of the people
called Quakers, shall be accepted instead of such oaths,
in such manner and form, as by laws and statutes of this
kingdom is directed and appointed; and if any such
Quaker shall refuse to make such solemn affirmation
and declaration in any case, wherein any other person
is hereby required to take an oath, every such Quaker
so refusing, shall for every such offence, be subject to
the like forfeitures and penalties, as any other person
refusing to take an oath. is made liable to by this Act.
And in case any such Quaker shall upon his solemn
affirmation or declaration, affirm or declare any matter

which shall be false, or if any other person before any
such receiver or other person hereby autle rised to
administer oaths shall wilfully make a false oath, every
such Quaker or other person being thereof lawfully
convicted. shall for every such offence, suffer and be
liable to the like fines, pains, penalties, and punish-
ments, as persons convicted of wilful and corrupt per-
jury are subject and liable to by the laws of the re-
spective places, where such offence shall be eommitted."
The Court have acted under the erroneous impression
that an Act of Parliament, in which the islands are in
eluded, under general terms, have not force of law, but
this objection has been anticipated and provided for by
the Order in Council, which is the statute law of the
country. As for the notion that an Act of Parliament
has not force until registered it is preposterous. It ha;
been overruled by the Lords of the Council, the Queen's
Bench, and the Court of Exchequi r. The authorities
may petition the Privy Council against an Act, but in
vain. It is not within the competency of the Crown to
release them from its obligations, as may be seen by the
following Order in Council :
At the Court at Hampton Court, the first day of July,
1731, upon reading this day at the Board a report for
the Right Hon. the Lords of the Committee, for the
affairs of Jersey and Guernsey, dated the 16th of last
month, in the words following, viz., " Your Majesty
having been pleased, by your order in Council of the 9th
of July, 1730, to refer unto this Committee the humble
petition of the States of your Majesty's Island of Guern-
sey, setting forth that by an Act passed in the second
year of your Majesty's reign, it is enacted that some
former Acts made concerning the raising sixpence per
month from all seamen's e ages, towards the support cf
Greenwich Hospital, should be extended to the ship.; and
vessels belonging to any of the subjects of the said Island
of Guernsey, and that the said duty should be collected
and levied in that island. That apprehending the col-
lecting and levying the said duty within the said
island is contrary to the charters and privi-
leges' granted to the inhabitants by your Ma-
jesty's royal progenitors • the.y, therefore, humbly
prayed that they might be heard In maintenance of their
privileges, and that your Majesty will be pleased to
grant them your royal protection, and such relief in the
premises, as to your Majesty shall seem meet. The
Lords of the Committee, in obedience to your Majesty's
said order of reference this day, took the said petition
into consideration, and were attended by counsel for the
States of the said Island of Guernsey, as alsd for the re-
ceivers of the said duty. But it appearing on the face of
the said petition, to be a complaint "against an Act of
Parliament," their Lordships did not think proper to
hoar the counsel on the merits of the said petition,
" being of opinion that the same was not cognisable
before your Majesty in Council ;" and therefore humbly
report to your Majesty, that the said petition ought to
be rejected.
We have now only one more observation to make.
Lempriere has been robbed of his property. He has
charged two persons with the commission of the offence,
and they have been liberated on bail ; one has forfeited
his recognisance, the other may do the same, but Lem
priere, who comes forward on behalf of the public to
bring them to justice, is made the scape goat. He is
first robbed of his property, and that of his liberty alse.
And yet this is a Christian country. Hurrah for
reform !

• In the hurry of business we made a mistake in the
date. The bailiff also makes a mistake, in supposing we
►anted copies of the Acts of Parliament, whereas it was
Only of the Orders in Council.—En.

The King of Prussia has conferred upon Miss
Herschell the large gold medal of merit, as a reward for
her scientific works.
SUSPICIOUS DEATH OP A CARLIST GENERAL
OPYICER.—On Friday Mr. Bedford received information
of the death of a Spanish refugee named Le Chevalier
Constade de Perez, formerly a Major-General in the
service of Don Carlos, residing at No. 7, Haddon-street,
St. James's, under somewhat suspicious circumstances.
It appeared from a statement made by the summoning
officer, that on the breaking up of the Carlist forces the
deceased escaped to this country, where he became a
teacher of languages. Sines the arrival of the Duke de
Montemolin in London, the deceased had become more
than usually animated. On Wednesday last he dined
with a Mr. Zenora, of 13, Maddox-street, Regent-street,
whom he left in good health, and returned to his lodg-
ings. Next morning he was discovered lying in bed life-
less. No vessel containing anything of a deleterious na-
ture was found, but from strong rumours that have got
abroad in the neighbourhood, the coroner has ordered a
post motion examination of the body to be made prior to
his holding an inquest.

HORRIBLE MILITARY EXECUTION IN RUSSIA.—A
letter from St. Petersburgh gives an account of the exe-
cution of a soldier for the murder of a non-commissioned
officer against whom he had a hatred. The murder was
perpetrated under horrible circumstances. The mur-
derer entered the sleeping-room of his victim, where he
stabbed him with his bayonet, and then cut the body
into pieces with a razor, and putting them into a sack
threw them into a canal. The sentence was, that he
should pass through the ranks of his regiment receiving
blows from sticks until death should ensur. He went
boldly through the first part of his punishment, singing
a war-song, but at length his voice failed and he fell.
Th• surgeon on examining the body declared that life
was szOacti—French paper.