The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1843-09-26
From Tie Journal Of COBuHtrce.
IMPORTANT ALTERATIONS IN THE LAW
OF FXlDEkCE


The extremely artificial character OF the rule, re-
guating the admission OF testimony ia courts of lu--
tee operating they frequently do 10 shut ont he
truth, has long been subject OF comp Boa. Not
content with requiring oil evidence 10 be given under
the sanction Of an Oathwhereby the witness solemn
~ iuyokes the Divine vengeance on hs head II he dl
not declare the whole truth as far as he knows It,
and Xing the certainty OF severe temporal penal
ties to the dread OF eternal punishment thus Imposing
upon the conscience OF The witness the strongest obi
CATION 10 reveal tie truth lat human wisdom eau de-
yise---ihe law has erected an nsurmOunable barltr
of eXcu'on, embracing I, only those Who have been
convicted OF infamous crimes and who, having shown
themselves regardless Of all laws, both human aud
divine, cannot reasonably be expected TO regard the
obligation Of oath, but all those who have an in
terest in giving the proposed evidence whom II like
wise dsqualihes from rendering testimony, often TO
an utter obstruction OF the Development VI truth II
is true that of late years, the courts both IA Englltd
and The United States, aware OF the injustice and
oppression which result from strict adherence 10
this rule, have endeayored as lar as possible consh
tently with The older authorities to lot the objection
go rather To the credit than the competency OF VAT
nesses But the great principle has heretofore been
unde,iatingy adhered 70, that person shall be adj
mted TO testify who is directly Interested IN the event
of suit, however small that interest may be- or who
might all himself Of the ,erdlc IN cause, 10
give IN evidence any future occasion support
Of his own interest. Herein the law presents glar-
ing Inconsistency, with Ms practice, III receiving the
testimony Of those who, Influenced by the strongest
/ ~
temptation TO deceive. No degree of relationship
connection in society, whether natural or artificial,
save that of husband aud wife, whose interests IN
law IDENTICAL is held to Incapacilate the parties from
giving evidence for each other Surely the ntl euov
of small pecunary interest is not more powerful, 10
dives the human mind Of all restraint resulting from
religious and moral obligations, than the endear-
ing ties OF kindred and friendship to IT to
manifestation of partiahty for the r object.
This apparent anomaly in the praetlce OF the law
has been productive of too much injustice to adj
NIT Of It's escaping the observation and anmadyer-
SION Of reiormers and efforts have been made in
some Of our legislatures 10 effect its removal
But IT was reserved for England, she led the way
in building up the noble structure Of the common
law, also to lead the way in repairing aud
waiting the edhce, adapting 10 it the Improvements OF
modern discovery and enarglng 10 correspond with
the wants Of the times. An Act Of the Imperial Par
lament went into operation the 22i ut, in all
parts Of the United Kingdom except Scotland enti-
tied An Act for improving tue law OF Evidence p
This preamble declares that the inquiry alter truth
in courts OF justice, Is often ob,tructed by ncapac-
ties created BY the present law that IT Is d"slafIc
that full info nation as to the facts al issue, both 40
criminal and civll cases, should bc laid before tie
persons who were appointed 10 decide upon them
and that such persons should exercise their judgment
as the credit of the Witnesses adduced, and
the truth OF their testimony. Ihereupon II euacis
that heBcelorth person Offered witness shall le
excluded by reason of ncapacity from crime or IN
terest, (past presently from giving evidence either
so rendered shall not Individually be party to the
matter in question.
In Courts of Equity there given add tional pow
ers permitting defendants To be examined the part
OF plaintiffs or co defendants.
;. MARSHAL BERrHANp,-This gallant soldier arrived
at Natchez the l4th instant, on his way up the
river. HIS reception is thus noticed III The Cou YER
Of the 18th instant
The steamer Admiral landed at our quarantine
p VIII al o.
Bertrand on board. Arrangements had been prev
ousy made TO receive the old veteran in style be
coming his renown and on the boats andug, the
committee, headed 10y C,ptain Julicnne, proceeded
|, on board, when he invited TO the City iut.l
where citizens generally might have an opporju-
nifty OF giving CORDIAL greeting The invitation "a,
accepted, and the old marshal was escorted 10 The
City Hotel by the largest procession seen herl SINCE
\ the visit OF MIR. Clay where large number Of per-
sons proceeded 10 shake him BY the hand, and nam
fest the. admiration for HIM In the mean time old
= Saratoga was laundering out her approval
c The marshal remained about two hour, al tie C'N
Hotel and was escorted back TO tie steamboat We
( l. on his way TO Nashville.
/ LIS reception Here was very hatierng ono indie a
, HEATHER BELL-F ouxpINc.-Ihe Indian pap .e,
contain curious account Of the casIIug OF ,l".-
nous bell at RInguou, ap offering from Toe IN
, 10 the great temple of Shoey Dagon, in that cAl b.
Is stated that 5000 men were employed at the 1I'
Iorges or wind pipes put in requisItIon tbs cccI-
M their gale>t attire, all the principal officer, uI
town, aud chief men of the surrounding yl.tl.
havItg made their supplication commence op,gl4.H
al lour lorges constructed for appropriate u,,, aa
then followed The active movements OF The fgc h.
dfed plebiaD iorges hundred and seventy Nl-.,r
OF SILVER, nearly OH lbs, and hundred aud fay
OF gold, nearly Jas lbs. added by the pcoplyl
the metals which had been provided hy the kms be-
s.des vast number OF gold and silver ornament al
which no account was taken. la four day, anI ,t.
nights the work was completed The dImcu, i.. ..
the be are said TO be seven cubts IN diameter tN,-
V-onc m circumference, eleven m height gud o.,
aud two inches thick. The weight Of the metal. u'
which an account was taken was five hundred loss.
II was ordered that The bell should restLn %, mould
Tor icrty days, during which period neither DO. si
OF cannon, muskci nor even that OF a rice m.l.u
should be bc ri IA RAJ, on, lest the conclusion Of M
atmosphere should crack the mighty Sing
paper.
An arrival at Savannah reports that the yellow
yer was raging at ST. Jago de Cuba with much t.-
ence. Several British vessels in port on Tie 2- ut
August were unable to go 10 sea Tor want Of hand.
i The marriage Of a couple, upwards Of 20 years OF
age, Is announced IN the Madison, Ind. News Who
ther tey have arrived at years Of discretion or no.
uncertain
MARRIED,
! Al Brighton, England on the 2glh July, Right
/ Hon Lord ERSklNE, Envoy Extraordinary aud
Minister Plenlpolentiary 10 the Court of Munich,
Bayoria, Germany, TO ANN BOND, daughter Of lr
late John Travis, Esq Of Philadelphia.
] Il lie COMMERCIAL AND FINANCIAL o..
i GISLA1lON OF EUROPE AND AMER
CA-by Macgregor-l vol London--just impor.'
from London 10y +. TAYLOR
Also, "Tbe Principles Of Political Economy. d.,
McCulloch, author OF McCmloch's Commcrcai u o.
. tonary--l vol London, 1912;
Adam Smiths Wealth Of Nations, edited 10y ~.