Vermont telegraph. [volume] (Brandon [Vt.]) 1828-1843, 1837-03-01
From the Christian Review.

4 y
ing tDitness, on The ground Of Religious
belief?-
The question which stands at the head of
this article is one of great interest and i'm
portance, and of no little delicacy. Its in
terest and importance grow out of the fact
that the sound administration of Justice,
and, consequently, the rights and liabilities,
of every citizen, are involved therein; and,
inasmuch as there are existing rules of law,
the propriety Of which is connected with
this subject, the discussion of it is matter
Of obvious delicacy. Besides all this, the
question is completely enveloped and sur
rounded BY the irritated nervous system Of
popular prejudice,-so that you cannot but
wound, while you merely wish to discuss.
The debates OF last winter, in the Legis-
lature Of Massachusetts,, clearly showed,
that no individual, however pure his charac-
ter, and however sound his principles, could
take, what we deem to be, the broad ground
! of right, without exposing himself to the
charge Of immortality.
We, therefore, feel some degree of fear,
in approaching this subject, lest our motives
and our principles be suspected. But still
relying upon 'mens sibi couscia recti,"--
full trust in our own motives,-and feel
ing deeply impressed with a sense of duty,
we propose, in this article, TO investigate
the question, and advocate what we consid-
er sound doctrine.
In pursuing this investigation, we shall
first present short history of what the rule
of law involving this subject has been, and
then proceed to show what it is, both in fact
and in principle. 1t must be constantly
borne in mind, that, in the trial of cases, the
only legitimate object Of testimony is the
discovery Of truth, and that every method
of examining into evidence, which is calcu-
lated TO defeat this object, is a mischief, al
though il may be honestly intended for other
good purposes.
|. Ho1 The ldu has been.
BY the ancient English rule of law, no
person, except member Of the national es-
tablished church, was competent witness.
All others were forbidden to testify. Mel
ther pagan, nor Mahomedan, nor Jew, no
excommunicated person, nor Dissenter,
could, at one time, come into court Of Eng
land, as a witness, in any case whatsoever,
except when needed for government purpos-
es.
This all-sweeping enactment of exclu-
siveness reminds one of the time, when the
naughty Roman was taught to regard every
stranger as an enemy, and when the same
word was used to signify, Unfortunately,
a foreigner and foe.
The harsh spirit of the old rule was grad
ually softened down and ameliorated. The
Jews were, after Long period, and reluc-
tant elaboration, allowed to be used as
witnesses and the reason assigned by the
judges for their admission was, that they
believed part, at least, of the Holy Scrip
lures.
Formerly, as now, the witness was ex-
amined under oath. That is to say, he swore
to tell the truth, so far as known TO him, I'M
der pain of eternal punishment by the God
I, Of the Bible. The witness either laid his
hand on the Bible, while taking the oath, or
kissed the book after the oath had been ad-
ministered.
This mode Of seeking testimony, and this
mode Of administering the oath, were deem
ed indispensable, and truth procured in any
other way was not admitted OF course,
the testimony Of pagan and Mahomedan
,, neither of whom venerated the Bible more
than any other book, could not, consistently
: be received. Such are the mischefs of pre-
fening forms to substance.
AS English commerce increased, and the
: relations Of England with foreign countries
became more intimate, it was found, tha
necessity would compel the use of unchrls
T Iian witnesses. 1t was also found, that the
Christian form Of administering an oath
, was not considered the most obligatory, by
these disbelievers in Christianity. So, a
: last, the Mahomedan was admitted ane
sworn upon the Koran, and the disciple o
. Coufucius upon an earthern dish, and othe'
v in6dels in such form as they deemed mos
% obligatory, .- .- .,ry
!. But the relaxation of ancient rigor IN re
;. gard to English citizens did not keep ever
E. pace with the increasing moderation show
is towards foreigners. Towards Dlssen'er'
" from the established church, and especial!
s, Quakers,, the law still looked with unbend