The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1843-09-28
From the Journal Of Commerce.
IMPORTANT ALTERATIONS In THE LAW
OF EVInENCE

The extremely artificial character of the rules re-
guating the admission Of testimony in courts OF JUS
tee, operating they frequently do TO shut out the
truth, has long been subject OF compliant Not
content with requiring all evidence TO be given under
the sanction of oath-whereby the witness solemn
y inyokes the Divine vengeance ON his head II he do
not declare the whole truth as far as he knows it,
and annexing the certainty of temporal penal
ties TO the dread OF eternal punishment thus imposing
upon the of the witness the strongest ob!i
cation to reveal the truth that human wisdom can de-
yise---lhe law has erected an nsurmouniable barrier
of exclusion embracing ne only those who have bs en-
convicted OF Infamous crimes, and who, having shown
themselves regardless Of all laws. both human and
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 1t like
wise dsqualifes from rendering testimony, often to
an utter obstruction Of the development Of truth. 1t
true that of late years. the courts both in England
and the United States, aware OF the injustice and
oppression which result from strict adherence to
this rule, have endeayored, far possible consis
tently with the older authorities, to let the objection
go rather to the credit than the competency of wit
nesses But the great principle has heretofore been
undeviatngly adhered to, that person shall be adj
mitied to testify who directly interested in the event
OF suit, however small that interest may be- or who
might avail himself Of the verdict in cause SO as to
give IT IN evidence any future occasion in support
lot his own interest Herein the law presents glar-
ing inconsistency, with its practice in receiving the
testimony of those Who Influenced by the strongest
ties Of natural affection, lie under much greater
temptation to deceive M degree Of relationship or
connection in society, whether natural or artificial
save that of husband and wife, whose interests are in
law Identical. Is held to ncapacate the parties from
giving evidence for each other. Surely the inf ence
of small pecuniary interest is not more powerful to
divest the human mind of all restraint resulting from
religious and moral obligations, than are the endear-
ing ties of kindred and friendship to swerve it 10
manifestation of Partially for Their object
This apparent anomaly in the practice Of the law
has been productive of too much injustice to adj
NIT Of its escaping the observation and animadver-
sion Of reformers and efforts have been made in
some Of our legislatures to effect its removal
But it reserved for England, as she led the way
| in building up the noble structure of the common
law, so also to lead the way in repairing and
waiting the edhce adapting to it the improvements of
modern discovery, and enlargng to correspond with
the wants OF the times. An Act Of the Imperial Par.
lament went into operation the 22d ult. in all
parts of the United Kingdom except Scotland, ent-
tied An Act for improving the law Of Evidence -
This preamble declares that the inquiry after truth
in courts OF justice, often INSTRUCTED by incapac
ties created by the present law that is desirable
that full info nation to the facts issue both in
criminal and civil cases, should be laid before the
persons who were appointed to decide upon them,
and that such persons should exercise their Judgment
to the credit of the Witnesses adduced and as to
the truth of their testimony. Thereupon it enacs,
that henceforth person offered as witness shan be
excluded by reason of Dcapacy from crime or in
terest (past or presently from giving evidence either
in person by deposition, provided that the witness
rendered shall not individually be party to the
matter in question.
In Courts of Equity there are given add tonal pow
ers, permitting defendants to be examined on the part
of plaintiffs co defendants: