The Massachusetts spy. [volume] (Worcester [Mass.]) 1821-1823, 1821-10-10

statute in an imnaterial part only. It was
admitted that the reason for granting the ex.
emption, claimed by the petitioner, was the
existence of conscientious scruples as to bear.
ing arms, and that the object of requiring the
certificate was to ascertain their existence
But 1t was contended, the fact of being a
member Of Society of Quakers, necessarily
implied such scruples; since it was well
known to be fundamental principle of the
sect of Quakers, that it was unlawful to bear
arms.
On the other side it was urged that this
was case of claim to be relieved from a
common burden, and that the party claiming
an exemption from liabilities to which the
citizens generally were subject, should be
held strictly to comply with the conditions
upon which that exemption is granted that
the requistion to produce the certificate
on or before the first Tuesday Of May. was. in
Tact, praaftege to the party, Of which he
might avail himself il he chose and that
therefore, no neglect, supposed or real. on the
part OF others, could entitIe him to favour
which ne himself had neglected to secure
since, then, the exemption claimed by the
petitioner, was to be granted only upon con-
dl'ion with which he had failed TO comply,
there was no ground for impcaching the juds-
ment of the magistrate
But, 1t was further contended, no sufficient
certificate had ever been produced. The mart
an which the certificate was defective, was
not an imnaterial ono. The Statute REQUIRES
three things to be ccrtifad-the party's mem
bership--his usual attendance On RELIGIONS
worship with the Socety-and his copscien-
hous scruples. Neither two are sufficient
without the third. Qual1ers and Shakers
have the privilege of obtaining an exemption
from military duty, only on account of their
scrnpIes OF conscience. They alone have
this privilege, because no other religious sect,
as a body, profess these scruples. Individuals
ct other sects haze such sruples, but are not
entitled to the privilege. To prevent frauds,
the Legislature has very properly required
that the party claiming the privilege shall
furnish evidence, not merely that lie is
member of che these sects; but that ne is so
from principle, which is to be evinced by his
frequent and usual attendance with his Society
in religious worship - and not evidence of
these two things alone, but reasonable as
aurance also, that he has the conscientious
serupics on 2ccount Of which this peculiar
privilege is granted. The Court cannot take
notice, nor is to be Inferred, that every Quak-
er Is conscientiously scrupulous of bearing
arms The requisition, to the whole extent.
Is a reasonable one and unless il be a(toeeth-
er complied with, no right is acquired to the
exemption claimed by the petitioner.
The opinion of the Court was delivered Nv
fudge WILDE, and was against the petitioner
upon both points; for reasons, as we under
stood them, substantially the same as those
urged by the Counsel in support of the iugd-
ment of the Justice.
We have not, in the foregoing sketch, at.
tempted any thing more than an outline Of
tAe arguments on each side.
Taft, and Darts Of Worcester, for the pe-
6tioner.
Aincot'r, for the respondent.