Constantine republican. [volume] (Constantine, Mich.) 1836-1838, 1838-04-18

an anomaly which has not Its parallel IN
the world. Will gentlemen say, that an
oath is technically an appeal TO TO the Del.
ty? | answer, sir, that your constitution
does not require, in any case, the taking
of an oath, neither does th6 constitution of
the United States for, when either OF those
make mention of an oath, they also speak
of an affirmation, and leave it TO the option
of officers to take the one or the other as
they may elect.
Our institutions, then, being based upon
principles SO opposite in their character to
the principles acknowledged by the govern.
ment OF Great Britain, we may safely con
clude, that no reason exists for retaining
that part Of the common law now in ques.
ton, unless we find that reason in the ex-
celency Of the provision itself. We will
then consider this common law regulation,
Invested Of that sanction and authority Of
presidents to which, but for the reasons
just given, it might seem entitled. We
will examine whether its own intrinsic mer-
its are 80 valuable that it should be retain
ed as part of law in this state. Ii is ex-
essed in 'Starke oil Evidence in these
words: "Any person, believing in God
and future state of rewards and punish
ments, shall be competent witness" A
ny person who does not SO believe is OF
course an incompetent witness. Other eau
ses may render a witness incompetent, but
under the common law, this belief is an in.
dispensable test.
will first notice the argument made by
gentlemen, that witness, not having such
belief, will testify without moral response
biity, and without that restraint upon his
: conscience which will elicit only TRUTH
Indeed, this is the only objection, which has
the sembance of argument, that has been,
or as | believe, can be made to the tenth
, section of the bill, which authorizes all per-
sons without regard to religious faith, to
, give testimony under affirmation. In an.
swer to the objection, will say, that the O.
q pinons Of an honest man, respecting the
i subject of religion, are not the result of a.
nv votion of his own. He adopts or re.
iects proposition as the evidence prepon-
E derates in its favor or against 1t. Truth is
the great object of his search. Neither his
= temporal nor spiritual welfare will promp
or permit him to embrace faith which |,
not, in his estimation, supported by con
r. sistent and satisfactory proof. When up
. OIL The most mature investigation, he has a
IS dopted such views, upon the subject of re
ligion, as appear to nm most rational ant
- Just, is he the more or less an honest man
because he has adopted what we have re
: iected, or because he falls short of Ger
:, tain standard--a standard prescribed b,
:, men who hold their offices under test oat
. by men opposed to free liberation of re
Is lgion, by men who spurned the i'd OF
!; republican government! Shall We dIsiran
-, chise such man? God forbid. In tn
=. words of the poet,
n For modes &C faith let gracoloss zcaots fight,
His can't lie wrong whose life is in the right
r. and therefore, let us require Of wtnes
lat not faith, but honesty and integrity. If tn
1t. truth of the particular faith TO be require
lis of witness could be demonstrated, like
IS. problem in Euclid, then, sir, would there
some reason for its requirement. But
m no creed permits of such demonstrate
mankind will always possess diversity
70, opinions on the subject of religion. Ar
,e- infection Of punishment, any disfranchls
lot ment Of rights, or any discrimination amos
re. men, to be made by law, for such cause,
m. equally unjust and impolitic.
IN. | will give, sir, an illustration of the ii
pts propriety of retaining the common law
di. this subject. In the event Of the comm
of. sion of murder or other crime against t
,ne state, though there be witnesses to the Ia
md vet should these witnesses, from feelin
ord of friendship or other causes, be dispos
lice to screen the person accused from condi
ect, punishment, he might escape with impu
and ty. 1t is the rule, as laid down by write
nts, on the law of evidence, and the practice
ase the courts Of England, before the wltn'
ms. has been sworn, TO ask him, should there
lies. suspicion of cause for such an interro!
lad. tory. whether he believes in God and
rine future state of rewards and punishme
, a. This question might, by collision, be 7
, be and, whatever might be in reality, the
}. in lief of the witness, as the answer wo
be subject him to no penalty, he could with
wing fear OF consequences, answer IN 're no
, far tive. Cases like this have often occur
larry and the guilty by consequence escaped
am informed that special Legislation
ding once had in neighboring state, to prev
@ Of their recurrence.
stce Should witness affirm falsely, he
Q of as fully subject himself to all the pains
and penalties ofperjury. as though he had sT
s for falsely. 1t seems to me that human
VIII. should always have preference to, and
gave scribe the rule of action for mankind IN
ence. world. Our duty to the great Ruler Of
"a TO universe consists chiefly in doing to OF
,e of as we would have them do to us. This
We TO ty would not be observed, should we
en- to credit our ncighbor because his opr
# on. did not conform to our own.
par. There is another point Of view, in
con- wish to present the subject 10 the con
made ration of the Senate. The constitution
{ that vides that "the civil and religious ri
ne re. privileges, and capacities of no indlv
/ pre-. Shall DO diminished or enlarged on acc
could of his opinions or belief concerning N
of religion" This article is not cont
at this in the constitution of any other sta
lated. Strcnuously, sir, do contend that,
We this provision, no religious belief car
igious qualify any person from giving evlo
it any Is it not civil right to give eviden'
We Assuredly, competency to give 'es''
of the in court of Justice or elsewhere,
$ faith, much civil right, privilege and cap
J, have as eligibility to seat in the legls,aipu,
9. In eligibility to any other office. WI,
,,nda, ,,road .L., tas,;,ponv is given not ]