The Sun.
London, England, 1857-07-20 00:00:00

TO THE EDITOR OF THE SUN.

SIR,—It is most wonderful to observe the loa'ls
of rubbish with which lawyers, and, I am sorry to
say, Statesmen--at any rate, those who pass as
such—encumber and mystify cases affecting the
public weal ; and undoubtedly the one wider con-
sideration has received its full 'amount, and this
because some men lift up the whites of their eyes
and call it a question of consience.
At the public meeting ou Thursday, Sir James
Graham endeavoured, and, I am sorry to say, suc-
ceeded in frightening the M.P.'s, by treating the
case of Alderman Salomons as one in point,
whereas, in truth, it had no bearing whatever on
the question respecting Mr. Dillwyn s resolutions,
for Mr. Alderman Salomons took no legal oath,
o,nd it was proposed that Baron Rothschild should i
take one.
Lord John Russell's proposed bill is, according
to his own showing, bosh ; for he said " it was to
clear up the ambiguity, whether the words, on any
occasion, are confined to courts of justice, or extend
to higher authority." Such a sentence from a
Russell ! How are the mighty fallen ! For surely
the words, "on any occasion," are wide enough to
admit everything, from Buckingham Wan to a
cobbler's stall. _ _

Mr. Dill wyn's resolutions are very bad ; they are
either too large, or not large enough. Those which
I would suggest are these :-
Ist. That by the undoubted law of these realms,
every per son called upon to take an oath is entitled
to have such oath administered in the form and
with the ceremonies most binding upon his con-
science. _

2d. That the question " Whether the oath which
the deponent is willing to take is really most bind-
ing upon his conscience," must, from the nature of
the case, be decided by the party who administers
the oath.
3d. That although any such decision by an in-
ferior court would be a proper subject for appeal,
yet it is the law of this laud that there can be no
appeal between courts of co-ordinate jur:sdiction.
These resolutions being adopted, and who could
gainsay them, then Baron Rothschild would apply
to take the oath, when the usual one would be ten-
dered to him. He would then state to the House
that the words "on the true faith of a Christian,
so help me God," were not those most binding upon
his conscience.
Mr. Speaker—State to the House the words
which would be most binding upon your con-

science.
Baron Rothschild—The words which would be
mast binding on my conscience are, So help me
Jehovah, omitting those "on the true faith of a
Christian, so help me (plod."
Whereon it would be moved and seconded that
the words " on the true faith of a Christian, so help
me God," being the form of oath, and not the sub-
stance of that which is sworn to, the oath be admi-
nistered to Baron Rothschild by the omission of
the above words and the substitution of these, "So
help me Jehovah," being those which Baron
Rothschild has declared to be most binding upon
his conscience.
Assuming this question to be carried in the affir-
mative, for, if not, the question falls to the ground,
the Baron is called on, informed of the decision of
the house, takes the amended oath, and votes.
.ag A qui tam action is brought to recover 5001.
for having voted without taking the oath required
by law ; and the plea would be that the Baron had
Taken the oath required by law, as appears by the
journal of the House of Commons.
This would, in truth, be an at empt to raise the
question whether the words " on the true faith of
a Christian" were part of the substance of the mat-
ter sworn to, or the form of oath, and undoubtedly,
upon this question, a fair differeNce of opinion may
arise—a difference which, as is well known, ex-
tends to the judges of the land.
But what would the Court hold ? Can there be
any rational doubt in the mind of any lawyer
that they would say we hate no jurisdiction on the
question whether the oath was or not properly
taken, because that has already been decided by a
Court of co-ordinate jurisdiction and equal authority
with ourselves. Surely this is thi straightforward
mode of settling the question.
I am, Sir, your obedient servant,
July 18, 1857. EL M.P.