Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-05-15

/ Twas hardly 10 lie presumed that an honest y an
could sniIcr under the provisions OF this oi as there
were 50 many OF proving MS Ih'oee"c.. =
would be lust as hard for innocent man 10 su'r aS
it would lie for false witness to persist III i'e '''o'c
court. :, -, I, 6
Ue had heard great deal said about the danger OF
change His experience in legislation had long since
convinced him that the profession OF "'cn NJ was an
humble member, were so much attached % "no'e"
usares that they were strongly a'eFse 10 eia"se'
TLe;r ,artiaty to the rules of their ancestors was 50
ar.,t rs TO render them nsensblc to great degree,
to the necessity of any departure from them.
THE prncipic Of common law required that for wit
ness TO be disqualified he must have an interest III le
event of the SUIT "
Rnt the treat mischief arising from this was, that
with this restriction only, strong nduccment to per
Jury was held ont, and strong temptation existed o'
these foreign villains to coalesce IN deiraud'hg tle re-
venue God forbid that his attachment 10 Inc coio"
Lave should be such as prevent him from yo'In 'oT
chance in particular cases. when 1t was so much heeo
ed
This great system of defrauding the revenue has m
creased 10 fearful extent and is leading from fraud |"
perjury and yet gentlemen get up ana tell US ABOUT
the dangers of any change But wouiu re,nu 'l,ose
gentlemen that if it may be necessary to make changes
in favor of Government, when 1T may not De heces'
sary 10 make a change in relation to individuals
The Government has great and formidable interests
of ma onitude far exceeding any case where lndVi.
dnas NAV he concerned and these interests are more
liable TO be endangered under the application OF part-
cular principles than those OF individuals Yet we
fold our arms and say there shall be no change why
gentlemen talked about not violating the RUE, ana yet
il had been vro..cd already In suits in which Go
vcrnment was CO ccrncd did it ever pay any costs:
Was there in that departure from the rhle
already: Yet re cmcn say 1t IS dangerous 10 Apply
different rules to the Government and individuals
Why in this case, did not the rule Apply 10 inc one as
well as to the other.
Mr. Y then went on to show that for very long pc
Rod the question as what constituted an interest SO
as to disqualfy witness, had been unsettled by the
court.
But gentlemen in their speeches upon the common
law seemed have lost ght of one OF ITS greatest ex
cellences They appeared to have forgotten It's maea
blity-its capacity for varying and changing so as TO
accommodate itself the various interests and circum
stances of society .
Here new interest had arisen by this system ottraud,
BY this combination of villains TO detaud our revenue;
and yet gentlemen say we have no right TO vary inc
rules OF law as to meet the emergency
It was competent for legislative body to create new
crimes hat was tcchncallv) and 1t was also conpr-
tent 20 say what testimony should be taken to prove
those offences Here was long bill providing penal
ties for new offences, and was 1t not competent Tor
CONGRESS to state in what these offences snail
be proved
The arguments of gentlemen against change in the
common law were, OF them, very plausible, ana,
at first view appeared very sound but when they came
10 be examined by the standard OF common sense, 1t
was evident that much mischief would result from
refusal to adopt this scctlon than by Tn" retention ot
the lass as present administered IN the courts Let
gentlemen weigh il in the scales, and balance the ac-
! count
/ The gentleman from Pennsylvania contends that the
Withholding Of tbs interested evidence would br dis
respect to the Jury, who would be anxious 10 have all
the evidence The arguments OF that gentleman he
was constrained 10 say, appeared to HIM more speclous
than sound So far his experience had taught hnl,
he would say with dsrespcct to the Juror, that IT III
al l,n haze MS he would
rather take his chance with the individual than with
Government For the least knowledge Of human ma
iurc would shos. that i'll cases of trial between the
Government and al individual, the sympathy OF Ju.
rcr was excited most powerfully in favor of the weakest
party And combination or Nose rogucS who dctraud
the Union in addition to this Sympathy would be in
many cases sufficient TO defeat justice As the Juror
III. one hand observed the United Stscs like a fat
roosc and a few isolated individuals on tn, other il
could Be very easily guessed on which side he could
lean.
Mr. V concluded by stating, tina, after examining
the bill he had come to the conclusion that the section
\ in question was most vital portion OF IT. and without
which il would be perfectly nugatory.
= Mr. MONROE had no doubt that honest merchant:
were injured By frauds on the revenue because those
committed The frauds were able to undersell tho
honest n;uorter >, very point MI NJ. would 90 any
i,L % la, Il law passed to enforce the collection
: f,h .rnnc bat could not take the bill as it now was
- %oud not consent to this section in any shape be
: cause he believed II nrngcd the rights of citizens; an,
was Of opinion that bill could be framed to answr
the purpose designed. Mr. NJ. expressed the hope tina
the ball would be sent back to the Committee on Manu-
acturcs that it might mature a bil! that would J..
acceptable to the House. lie would raih- 49, III .h'
-.uo,,nn. government should be lost than tina
{ this section of the bill should be passed
The question was further debated b. Mcssrs. MON
ROE, UNDERWOOD, CURTIS, ADAMS, HOFF
, MAN and CRAIG,
When, the question being on striking out the section
under debate in the original bill, except the first line
and inserting the amendment ii was carried without
count.
Mr.. RIlETT then moved to strike out the entire sec
$ ton amended.
And the question being put, the ayes were ~, the
noes 60
No quorum having voted, a motion was made thai
the committee risc-on which the ayes 2l the
, noes -.
There still being quorum,
The committee and reported that fact to the
House, which tlcrcupon AT o'clock, adjourned