Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1837-03-01
BRANDON, WEDNESDAY, MARCH 1887

-N4Uu onu ulSIeSdlueu, duu lney HeIe toTceu
to choose between sacrificing their con-
science, or losing their freedom within the
walls of a Jail.
Abuses like these reused the Indignation
OF the thoughtful and humane, and, ulti-
mately, provoked such men as John Locke
and Lord Somers, to exert their influence
to reform public opinion, and alter the law
BY their benevolent efforts the law was
changed, so far as to allow Quakers to tes-
tify upon affirmation, in civil cases. To
this day, however, Quaker cannot, IN Eng
land, be witness in criminal case. If
Quaker mother be the sole witness of the
dishoner of her daughter, her testimony
cannot there be admitted to convict the raw
Usher. If Quaker father be the sole wit
ness of the murder Of his child, the villain
is allowed to go unhung. The same rule
applies not on " TO Quakers, but to any one
else who objects to taking an OATH A
Turk, Chinese, or Tartar may, but a
conscientious English Christian non-juror
may not, be used as witness in criminal
cases. This, truly, is a charity which be-
gins not at home.
Letus now see,-
II. What the american lac noer is upon
this point.
The comprehensive illiberalitv Of the old
English common law has not been copied,
in its broad extent, by the Americans. But
the relics of that ancient rule are still to be
found, even among US.
1t is the law Of many, if not Of most, of
our States, as declared by judicial authori-
ty, that no person can be received as a rit-
ness, 1oho does atot bel iere in the existence
Of Supreme Being, and in the doctrine
of punishment for Sin, here or her ed fer.
In applying this rule, our courts never
stop to inquire into the private character of
the person offered as witness, nor into his
reputation for truth-speaking, nor into the
amount or importance of his knowledge of
the facts, nor into his motives to speak the
truth. He may be an exemplary man, a
good citizen, kind neighbor, devotee Of
truth, without prejudice, or motive to mis-
state, and fully possessed of the most essen
tial testimony,-yet is he rejected, if he
come within the exclusion of the rule. So,
also, he may be a monster of iniquity, prof
ligate, rank in his corruptions, and notori-
ously mendacious,- and yet, he is admitted
as competent witness, because he pretends
to believe that of which his life proves him
to be an open and perpetual contemner.
The warmest advocates of Christianity
amongst whom we claim at least humble
rank ,-cannot fail to see, that, however well
adapted this rule Of law may be, to mani
fest the respect Of the court for our holy re-
ligion, it is not consistent with the funda-
mental principle Of the law of evidence be-
fore stated, to wit, that the sole object of
testimony is to elicit and develope the truth,
or the facts in the case
Here, once for all, we take our stand, and
proclaim ourselves the unfinchiug friends
OF pure religion, the untiring enemies OF
lnhdellty,-and protest against any suspi-
clon of our sincerity on the ground of the
doctrine which we maintain in regard to
the law of evidence.
Laying down, then, as our cornerstone
the position, that in the Investigation Of q
case, erery person should be admitted as q
u0itneSs, 1oho is posses II Of facts releran'
and material thereto, uhdterer may b.
his creed, and thai every circumstance dt
fecting his credibility should also be pse
into the cdSe,-we are prepared to declare
the existing rule of law false, unsound, I'm.
just and hostile to the free spirit Of our ma
tional and state constitutions.
However strongly we state this PROPOSE
ton, it is the sober result of long and fire.
quent meditation.
1st. In the first place, the ldU errs in he
choice Of its sanction, in the selection Of
motives 10 act on the minds of witnesses.
All human tribunals are not only finite
but exceedingly limited in the extent Of
their jurisdiction, as well as in the compass
of their powers. Beyond this narrow limit
they strive in vain to pass, and all their ef-
forts TO do so are both foolish and wrongful
In an oath, imprecating Gods vengeance
on the perjurer, the, law endeavors to hold
up pains and penalties, which are far be-
yond and above its direction and control ,-tc
threaten almighty wrath and eternal pun
ishment-punishment which cannot be
l inflicted, except by the court of Heaven
That oath, therefore, transgresses the legit
innate boundary of earthly jurisdiction, ane
: trenches on the authority of the high chan