Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1843-07-26
.MIsCELLANEOUs.
Eron ikc Souraerr ckronielc.

COMPETENCY OF WITNESSES.
:. In the last Spartanburg Journal there is
IN article from the pen of James E. Hen.
~ ESQ, as we judge from the initials slp-
pended TO it, upon the competency Of wit
nesses in court Of justice. We will make
few extracts:
"Ali persons are en,i,ledio be sworn as
Witnesses unless some Of ,he rules Of sx-
clasion be established against them. Idiots,
Lunatics and Infants OF tender age may
not be sworn on account OF q want OF Gu
oaci,y. Husband and Wife cannot, gen.
orally be sworn for or against each other
on account Of their relationship and sup
posed identity .of interest. All persons
having direc, pecuniary interest in the
cause are excluded. Persons having been
convicted of certain offences are rendered
thereby infamous aud iucompeicni. Char
ac,er, however bad, does not exclude, but
goes 10 the Credibility. of which the Jury
ore to judge. All The law books lay down
another exclusion. He who does not be-
lave 10 the existence and the Providence
nr a God il incompetent 10 testify. To
test Tho Witnesses belief Ia a God the
usual Question, time imtnenorial has been,
sDo Son believe in future rewards and
punishmenisT Perhaps better and more
exaci mode Of propounding The question
would bc, DO you believe iE,ho Exis-
tenee and the Providence Of n. God and
,ha, he He 10 the Avenser Of falsehoo6"
In either form Of propounding The question
certainly 40 member OF, any christian sect
could be excluded 10 this State, Men may
believe that God acts &C The .Gvehger. Of
falpehood in - future that is immedi-
aiely subsequent TO the preparation Of The
falsehood, ofsa future thai ezte6ds to ano-
tber stale Of existence and is TO the last
throughout eternity. The law does no,
limit the belief. extend or control Il.
"According TO the rule Of The common
law which is considered of force in this
State, an Atheist 10 undoubtedly ircompe-
,oni to testify 10 a Cour of Justice. BY
an A,heis, understand .one who denies
the Exis,enco aud the Providence OF a
God and the Immortality Of the sout Of
man. Whose creed is that man owes @,
responsibility 10 Superior Being; but
who when hc dies perishes together like
beasts Men have held and do hold these
opinions so revolving to The sres. raass OF
Chris,endom. Yea are they psotec,ed N
holding these cp,uious by The Cous,ila,ion
OF ,t,c Uuitcd States and 81 ,i,is State.
provided that The liberty OF conscience
ibereby declared. shall not be so construct
ed as to exercise acts Of licea:iousness or
justify practices Inconsistent ,rih TIE peace
and ssfety ofthe State.
.sI, iiaa no, been decided by the Su-.
preme CoGf, Of this State ihasany one is
incompetent 10 testify because he or she
disbelievss in God--in Providence, or in
any rewards or prnishments 10 this world
or in the world to come When iha, ques-.
lion shall arise I have no doubt wha, will
be the decision--wha: ought to be the de-
sision-and OF the Constitutional artbori-
" OF tho Court 10 make the decision.
Such man or wonan will be declared in.
competent TO testify no; on The ground
that in the administration Of justice we
anust have some tie on The conscience OF
witnesses upon whose testimony are de-
penJaut life, liberty aud property, and
whose opinions would not tend 10 Iicen-
iiousness and prove inconsia,en, with tho
poace and safety Of the Stnte in tao per-
sons of the citizens.
%"To invoke the sanction Of being 10
whose existence we do noi believe. 10 ask
Him 10 hear witness to the ruth Of what
wc say, whilst We declare our appeal ad-
dressed To an imaginpry heinG, is, 10 say
che least, yery absurd and foolish. To nd
ni, this class Of witnesses se must lay the
founiauons Of society anew. Ourjudicial
oa,hs mus, be remoddied and new form
adop,ed. To be reasonable aad consistent
re mus, rejcc, God in our Courts Of Jus
tico. and instead of concluding the Oath
with so help me. God might as well
conclude with so help me, devil either
would be equally obligatory for neither
would form q tie ON the conscience Of the
Atheist" ~
Il N.ic Negro Nation From on cx-