New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-08-08
The Law Of Testimony in Massachusetts.


have been very much interested and graf
fed bv your remarks relative 10 The escape OF
criminal az Lowell. IN consequence OF the ma
gls;ratc refusing TO ADM; the tcSti nony OF the
injured parties, the witnesses. on the ground
that they were Atheists. that Is. did not believe
IN a God am re Olced that this senseless cry
Of Atheism docs not frighien YOU from the sup
port OF night and justice
There Is 10 law OF MassachuSet.S-l mean
statute law, the only constitutional law OF The
Statc-ihat dlsqualties one from tes,lfyIng onac
count OF his belief on religious matters On the
contrary. the Constitution OF the State expressly
declare, that no one shall be hurt. molested or
restrained IN his person or estate for his religious
professions or sentiments The Legislature
has never invaded this constitutional provision,
by any law iorbdGng Atheists 10 testify. Tins
infringement of the constitutional rights OF the
citizen comes from the judiciary, and they reach
the power in this way: They assume that our
ancestors brought with them, when they emlgra-
tel to tins country, The English Common Law.
and that by that law no Atheist Is allowed 10
testify The oath of no Atheist l. valid under
thai law. II both these assumptions were true,
still the constitutional provision above cited
would abrogato the Common Law IN TINS particu-
lar. II prohibits the judiciary and the magistrates
from mOlestIng 4 witness on account OF his
religious sentiments or professions But the
assumption ihatour ancestors brought with them
10 TIM Commonwealth the English Common Law.
Is purely an assumption, a mere legal fiction. con
iradlcicd by the whole legislative and potltlcal
history Of the Colony, Province and state. II
would indeed be singular If the IRISH, Scotch,
French. Dutch, &c who lmmlgrated here, Drougn'
with them laws To which they were strangers al
home The Common aw does not extend even
over all England Il does not prevail in Kent,
nor did II ever in Ireland. Scotland, Jersey, and
some other appendages Of the English monarchy
THIS state was settled by emlgrants from all
those countries and was glad to see Mr. Room
son. N his recent address before learned assocla-
tons, stating and demonstrating the TACT that we
are not an Anglo-SaXon that Is. an English PEG
pie No. the first settlers IN Massachusetts
brought with them no law except their Charters,
which gave taem power to make laws, but those
laws must b. sufficiently pabtshcd m Wr'ag.
The first General Court OF Massachusetts re-
solved that none but the General Court hath
power 70 make law :" and our present COnstltu-
ton, following ont the same idea, which has
been adhered 10, through all changes IN the gov
eminent since 1890. declares that " the people
Of this Commonwealth are comfortable by no
other laws than those 10 which their cOnsftn-
tional representative body have given their As
sent" Blackstone repudlates the doctrine main
tanned by our Judiciary, that where fngllshnen
settled they carried with them the British laws,
common or statute and all OuT history as before
remarked, cOntradlcts the JUDICIAL assumption.
Therefore, tins disqualification of witness IN
th!s Commonwealth On account of his opinion
upon religion, Is nor only without authority Oi the
law aud the Constitution. but Is IN derOgatlOn OF
both Il IS an encrOachment by the Bench upon
the rights ol the citizen. founded on an aSsump-
ton of facts that do not exist. and persisted IN
IN violation OF the constitutional guarantee before
cited
So much for the law IN this case OF outrage.
Now for the nature and policy OF such rule OF
evidence Speculative belief on religious mat
tiers does not affect mans capacity Tor telling the
Truth. The motive assumed originally for ths
disqualification never rested on so absurd a
cfcund A. that religious belief affected a mans
capacity for telling the truth. il has, however,
= clerical origin. and was intended originally 20
enforce conformity 10 an established religion.
lCn.cCuiOrmst was a hcTctlc-a hereto was eL-
communicated. and that carried with II many
clyil disabilities. among others Incompetency "a
witness and The common law respected these
eCcle>iastIca. uses But here, having no estap-
h>hed creed. We can have no heresy, OF course
no accommodation, anc no consequent Glsaull-
l'ICs
We have 10 right TO punish man tor Ms
epnions. only Tor MS illegal acts. Belief 5 no,
a matter of the Will. but results instantly an'.
inevitably from conviction. II We arc convinced
Of a thing. We must believe tiff not We cannot
helie,c II There H. therefore. no merit in be
Ge,-no dement, in disbelief We might as well
,l,cua.iiv witness On account OF hls hearing,
seeing. tasting. Smelling or feeling, as on ac-
count # his belief Belief y a, mncn Sensa-
ton a. either Of these. One man has Just a much
right 10 express HI opinion q another All III
ihl~ TC>Teci are upOn Para leNel-dhu one
opinion on these speculative SUBJECTS IS as good
a, anothers To reproach man because ne
does net believe a. we believe, is 20 aoandon the
grecerts Of Christianity, and 10 assume t!e
character of Pharsee How cruel. how al
~,lro. how unjust To- OUTLAW i mau--tO withdraw
fIom hn the protection OF the laws he paws 70
u|holc. CT account O. hi> eilei--Cn account Oi 4
.e1sqf.oq over which he mas no control!
How beautiful the sentiment on this subject
If Mr. Jefferson - " M, matters It 10 NE Il
my ntiebbor believes II no God. or m twenty
Gods II neither picks ny pockets nor breaks
INV lec M4s>.CHC SETS.
E.sfoR. Aug ]. lsJl.