The Arkansas advocate., 1831-04-06

IT., Multiplication ef oolhs. reyju,,
 The sooisdness oi pelie, VIC t,,;,ys ;y'',
 say frightful catalogue of oa,is ' ,.1y '1Ialy under various circumstances. a,a rsen qulred by law, has often been q,lest;a' as' cd ! has been iforeitbiy urged. a5fss,eh' sSa, 1.-the evil disposed, they impose Lnt t'I. ,;.. on If any, restraint, while as respes,s s a's,e' n' honest, they are altogether superii.oa's rfI s.e flor the man whose conseienc., eOus 'n lead him to regardlis oathwith yol;,; 1a "'' reverence, will by the same mon;ts, s'0us
 equally induced 10 avoid any un;as, ;,sa oe Y immoral act. To extend their isa'' aas' 0e Ibeyond this, were only to create an ;a neo
 quality, and tho inequality in favor ;e' a"e, e,
 the bad. But this is only d part af r' q, v
 evil occasioned. The too great m Su s'e
 quency of oaths, lessen the Yei,e,s,;a. %e' felt for ti.eir sanctity, causes men 's'' ~ swear lightly and rashly, ard hence ma' Itiplies peIuries. Customhouse oa,ls
 atlidayits of deience-oaths of ofes
 and other oaths without nunber '. proverbially taken almost daily with S.
 tie consideration or regard. And !,
 may we'll be doubted, whether they bass
 contributed to prevent fraud. dim;n;,s
 litigation, secure fidelity or prono,a
 the public good. Oaths should neyss
 be administered without a solemn;tr
 calculated to impress him who swears
 with the nature of the obligation he ass m sumes: yet in practice, how much levi. ty is frequently manifested on such or.
 easions. It is. sometimes done in ma
 midst of other business, of laughter. or
 of angry altcrcation, so that neither tbe
 officer who administers, ,norhe who takes the solemn and sacred oath, is heard
 It is scarcely be expected, under these
 circumstances, that fit impression
 should be produced, as caution to
 those who may be temped to swear rash | ly, we extract the law on the subject of
 perjury, as laid down by that aniab]e
 and excellent man. and learned and .,,7.
 right judge, the Chief Justice Tlamai.
 In the case of the commonwealth against
 man named Cornish, he said. ..lt js eontented, that there can be 10 perjury where man believes what he suears.
 Butit appears to me, q position so exten. sive cannot be supported. He ouzzh!... !.. tt tt least to have some probable cause for belief. unless the oath be taken under
 such circumstances of haste or surprise
 as afford no opportunity Of deliberation If a man undertakes 10 swear to mat ter of which he has no knorr'cdae, he lheis iis
 perjured, although whas he has sworn turns out 10 be true.' Again, ssthere is
 a corruption in undertaking to swear positively to thing of which yod have
 but little knowledge, and which ori lIiar know. if you will take the trouble toin qure: and where there is corruption of this kind, the law implies malice. 4,
 gain Sit is objected, that it may be of
 dangerous consequence; if witnessesare convicted for swearing to what they be.
 lieve 10 be true. On the other hand,
 will be more dangerous if theys are te
 escape punishment, who rashly and ob- stinattellyy persist in q false oath, in a mat ter of which they will not take the pains to inform themselves And the late Judge Breckenridge added in the same cause," l am not to be at the meTeyo Of of the weakness of man, and the law viii protect me against the weakness, as
 we'll as against the actual wickednessof him, who attacks my reputation ty d
 ooM ID q court of justice. It is the same thing to me, whether it was his weak ness or actual malice and wickedness, that led him to take the oath. It inter
 ests the public, that rash and unadvised swearing a crime upon another, should
 be restrained; and how can this be done, if the only inquiry shall be, whether the weak man really thought that shichhe swore was true.
 D,fgob Mof;o,,c In Ifalv ea lover at 7