The Sun.
London, England, 1844-11-16 00:00:00

SPIRIT of the PUBLIC JOURNALS

FROM TH2 EVENING PAPERS OF YESTERDAY.
GLOBE.—When commenting recently on the case
of Mr. David Salomons, we took occasion to refer to
the unsatisfactory state of the law respecting as to
the form of the declaration required, as a preliminary
qualification, for municipal offices. The following
case illustrates the necessity of revising the law and
regulating the practice in the Court of Chancery
with reference to judicial oaths. The present state
of the law is obviously a source of inconvenience to
suitors in that Court, seeing it increases the costs
and occasions delay. The case alluded to, which
oecurred yesterday in the Vice-Chancellor's Court,
will explam the mode by which these results are pro-
duced :

" Mr. Lloyd moved for a special dedimus directed to
Commissioners, to take the answer of a defendant named
Pringle, and to administer such oath to him as would be
binding on his conscience. Mr. Lloyd, in support of the
motion, said the party was a Scotchman, and he had
some religions scruple to kissing the book when taking
the oath, and he desired he should be sworn by holding
up his right hand. The former Commissioners had
refused to take the answer in that way.
"Mr. Bethell, without opposing the motion, suggested
whether the Court, upon the mere statement of counsel,
would grant the application without requiring an affi-
davit of the facts.

" The Vice-Chancellor having consulted with the
Itogistrar, said the thing could not be done without an
affidavit.

" The case was, therefore, ordered to stand over for
that purpose."
For an oath to be worth anything, it must be bind-
ing on the conscience of the party. Yet, such is the
absurdity of the practice with which the Chancery
Commissioners in this case, and probably in other
cases, are enamoured, that they insist upon swearing a
witness by a form which he avows is not binding
upon his conscience ! They require a Scotchman to
" kiss the book ;" when the religion which he pro-
fesses, and the universal practice of the courts of law
in that part of the United Kingdom of which he is a
native, require him to " hold up his right hand," when
taking the oath. The tender of a declaration "on
the true faith of a Christian," to a member of the
Jewish faith only equals this. The mockery of that
which all men agree to regard as sacred, and the insult
it offers to the individual, are alike to be condemned.
To obtain the requite testimony of a witness by an
oath, the forms of administering which his conscience
will recognise and approve, an affidavit of the facts must
be made ; and then a special dedimus must issue, giv-
ing pernaission—as a personal favour, and as an act of
condescension in the Court to the weakness of the
witness—to the Commissioners, to swear him by the
form .whie'n, he alleges, will be binding on his con
science.: Without here entering upon the question as to
the potency of oaths to extract truth from reluctant or
mendacious witnesses in courts of justice, we may
venture to ask, whether it be advisable to adhere to
specific forms, when those forms are objected to, on ap-
parently conscientious grounds by witnesses; and
whether they do not rather defeat than aid the object for
which they are employed? A party produced as a
witness in a court of justice, whether civil or.
criminal, or before any commission authorised and
directed to take evidence in any suit or inquiry,
should be allowed to test the truth of his testi-
mony by any form of oath which he renders
apparent to he that binding upon his conscience ;
or if he conscientiously object to judicial oaths, in any
form, then to make and sign a declaration.
This, Quakers, Moravians, and Separatists (?) are, by
special statutes, allowed to do. Let a law be passed,
substituting a declaration in lieu of an oath in all
judicial investigations in which members of the now
exempted sects are permitted to substitute a decla-
ration for an oath. The penalties of perjury
should attach to an engagement by the wit-
ness to " speak the truth, the whole truth, and
nothing hat the truth.. " Great practical advan-
tages, without being accompanied by the slightest
inconvenience, would result from abolishing (ex-
cept in the case of the . sects referred to) the im-
perative obligation to be sworn in a judicial proceeding
by a specific form. The truth is, that adherence to
a specific form in many cases, weakens the force of
the obligation. The form is evaded; and the trick,
successfully performed, is supposed to abrogate the
obligation. An ignorant and mendacious witness of
the Roman Catholic Church, considers that the form
of a cross upon the cover of the New Testament
is requisite to compel him to adhere to the truth in
giving his testimony ; and that he is relieved from
this obligation if the book lie kisses, when taking
the judicial oath, be without that figure. A Protes-
tant swearer, who is indisposed to comply with the
terms of the oath, thinks he has escaped from the obli-
gation if he can manage to insert his thumb between
the cover of the book and his lips, and kiss the former
instead of the latter. Persons who are in the habit
of attending police-offices and other courts of criminal
jurisprudenve, are familiar with such attempts to evade
obliption. Such instances show the influence
which more forms exercise over ignorant, and there-
f.re superstitious, minds ; and suggest that where the
orrnl are retained, the oath should be solemnly and
impressively administered by the presiding judge, and
not; as now slobb?red over by one of the lowest un-
derlings of the Court.

MARKET INTELLIGENCE.

(From the London .New Price Current of Nov. 1.5.)
Sucait.-This afternoon West India Sugar of all
descriptions was in excellent request ; two parcels of
St. Lucia, amounting to 445 hhds 64 trs and 247 barrels
were offered at public sale, and readily disposed of at
full enarkfrrates; indeed, in some cases a small advance
was obtained ; fine yellow fetched 64s to 655, good
598 6d' 14 6is, middling 56s to 58s Gd, low 55s to
55s 6d, Ordinary brown 535 6d to 545, middling 54s to
54s 6d, 'goad -555, low to middling grey 53s 6d to 565,
drainage damaged 54s 6d to 55s 6d. The total pur-
chases, fer the week amount to the large quantity of
2,753 blids and trs, and the advance in prices for that
period Ja.6d to is per cwt. The market closes with a
very healthy appearance.
REFINED.--To-day the grocers were anxious to pur-
chase Refined goods, but the market was scantily sup-
plied, and a further advance in prices took place, brown
lumps fetchirg 72s to 72s 6d, and standard 73s to 73s 6d.
The market is firm for bonded Crushed Sugar, and it is
difficult to purchase at 29s 6d per cwt.
MAURITIUS.--There has been much inquiry by private
contract for all descriptions, and the rates offered are
rather above those of last Friday. The stock of Mauri-
tius is, however, nearly all in second hands; at public
sale only 651 bags have been offered ; the chief part was
of ordinary quality, in indifferent condition, and mostly
in small lots, they went as follows, viz., middling yellow
M 555, good brown 50s,:middling 48s to 48s 6d, low
middling 455, and very-low- 41s to 43s per cwt, but a
part, only was sold on account of the stiff rates required.
EAST IIiDIA.-7.This afternoon two pareels of Bengal
Sugar, amounting to 2,957 bags were offered at public
sale, and sold at very full rates, good strong yellow Do-
bah at 623"-to 635, mid 61s 6d,_ damp and washed 60s 6d
to 61a,'-ttrid sound brown 445, damp and washed 40s to
43s 6d,- good ditto 50s to 525, low yellow Ms 6d to 545,
middlipy, 558 to 57s 6d, g00d,588 6d to 60s 6d, and damp
and rittshcd 51s 6d to 595. In Manilla a good business
was transacted privately at -19 s to 19s 6d per cwt. for
middling yellow.
FOREIGN.-The accounts come to hand from the Ha-
vannah, stating that the Sugar crop had been greatly
damaged by hurricanes, and that tho production was
got expected to be more than, 600,000 boxes, whereas
last season it waT 850,000, boxes, have caused buyers
here of yellow Havannah Sugar to be more inclined to
operite; but in consequence of the, scanty supply at
market, together with the advancedxates required, an
extensive business has been prevented; indeed, the lead-
ing merchants have withdrawn their Sugar from the
market, waiting for further accounts.
Coerzu..-The trade are still turning their attention
to west India Coffee, and the tendency of prices is still
upwards ; a good demand has prevailed this week for all
descriptions, and the rates paid show an advance on
those of Friday last of is to 2s per cwt. This afternoon
a good demand prevailed for Plantation Ceylon, and
689 bags at public sale were all sold at full rates-mid-
dling coloury fetched 83s, low middling 79s 6d, fine fine
ordinary' 665, fine ordinary 61s 6d to 645, very good
ordinary 57s 6d to 58s, and bold titiage 42s ad ; good
ordinary, however, was taken sparingly by private con-
tract at 53s Gd to 545. Holders are not so desirous to
sell as they were in the early part of the week. Of
Jamaica, 64 casks were sold at the farmer value ; low
middling at 77s to 80s, fine fine ordinary 60s to 653, fine
ordinary 52s to 555, good ordinary 51s, and triage 21s
to 30s_ per cwt.
DIA.-Importers show firmness, and none has again
been brought to public sale ; there is still little offering
by private ti:eAty. The stock is much the same as it
was last season. For Congou prices are :Id to 2d, for
Twankay id to.3d, for Hyson Gd to 10d, and for Gun-
powder .2d to„bd per lb higher than they were in
1843 at this period. The demand has. fallen off for
Congou, we quote common 10'i to 10-i-d, good
common 10id to lid, but middling rather coarse I lid
to 111 d, rather blackish leaf, and blackish leaf Is to Is 4d,
jstrong blackish leaf end Pekoe kinds is 541 to 23 4d, very
tuyerior 2s 5d to 2s 6d par lb. The supply is still small
(A tine Congdtr. Pouchong at sid to 10d ; superior sorts
have been fetching 10;led to is Id. Souchong is held
firmly. Twankay of common quality has been in brisk
demand, and rather higher rates are paid, largo parcels
tit leaf having been disposed of at is I ',,'d
t6' ;yellowB "-2d per lb ; superior sorts are fetching
ls'gil, tki-ii'-'BOl for brinhtish leaf and is 9d to 2s 5d per
114. fist Itygoirkind; the supply of' the latter is still small.
Sint Atirnf Oil-Unary sorts. II -.on has been in excellent
re *est, conitilon at 2s eel to 2):: 7d, 1,,;r 2s 8,1 to 2s 9d
univilit.o. 2i: klitto 35 and b 1 peari 0".5.2.1t0 Os Gd. Gun:
Gun-
powder is:still much ,wante:l 1 vices are still on the ,
advance; thetinisply is insufainegien3nst
tofor 4 the wants of the trade;•elei;...o las .been fetch
2s 2cl-• ; • ; , The parcels of Inaperia'si (Tr), and Canton
been tam," - -
•: clean 2s 8d to as 4dspoasnel of
have
b
een , . :41110.11, . : ' ented Orangp Pekoe, 3s 4d to 3s f
-1.,t:,114 31:lia*t! 4. ry Pekoe is not much wanted,
'll
utrsasyskre4ener I, ustained. For Young ityse,„(4
the fi'd.•has 6een ti ly for small parcels in cunse-
' f the liigh,rates that are current. Caper ha
s
b 0 Q. i
jit good request, and prices continue moderate.
b vn ,
, is
, plan is selling at coffiparitively moderate rates.
fly- VI
--
i Jas been one arrival from China since this day
Tnere
week. -..
TQ457
..,t
....,,