The daily republic. [volume] (Washington, D.C.) 1853-1853, 1853-07-09


F GIDEON & co. Washington, d. C.
afforded by oaths. Their lordshps all knew the
great difficulty of getting at the truth when
disposition existed on the part of witness to con-
cea it, and, although the fear Of temporal punish
ment might do much, yet there were persons who,
considering the chances of prosecution not beng
persisted in, and tho further chances Of a prose-
cution falling, would not hesitate to give false
evidence if that were all they had TO fear from
doing so, but who would not probably be disposed
to commit perjury by breaking an oath. He well
recollectcd instance of this which the late Lord
Erskne was fond of reciting. woman from the
northern part of the island was brought forward
as witness in the Court of Queen Is Bench, and
was sworn according to the ancient form in use in
this country, by the crier Of the court administer
ing the words Of the oath, and causing her to kiss
the book The witness had given her evidence in
the most clear and unhesitating manner, when
Lord kenyon, who presided, said TO MIR. Erskine,
who acted as counsel, g You cannot meet this
case, the evidence is all against you" Mr.. En-
skine replied, 81 believe can, my lord. will
swear the witness in the form IN use ~ Scot
land" Whereupon he made the witness mold up
her hand, and with that manner and with that
voice, which no one that he Lord Brougham) had
ever seen or heard speak came within sight OF,
administered the form of an oath which was III use
among our fellow-subjects in the north-a form OF
oath which, as well the mode OF administering
was as superior 10 WulCA Woo AZ NnS
this part of the island as any one solemnity could
exceed or be superior to another Hear, hear.
| The result was that the witness refused to take
the oath in that solemn form, and thus ended the
case. He would not, therefore, abandon the sys-
tenn of administering oaths altogether, out ne
would give discretion to the judge to allow a
witness 10 take an affirmation instead of an oath
in all cases where he was convinced that his OBJ
lection to take the oath from conscientious
scruples. He found that in number OF cases
this power had been exercised by Judges ana IN
more numerous cases by magistrates IN ocotlahd'
but evidence taken under such circumstances was
clearly Illegal and his impression was that on the
whole it would be expedient to render that course
legal which had been already adopted IN many
case by the Judges and magistrates under the
pressure of the difficulties by which they had been
Lord CAMpBELL presented thirty petitions from
Edinburgh, Glasgow, Perth, Dundee, and other
towns in Scotland, to the same effect. There was
one of those petitions which had peculiar claims
to their lordships' attention, inasmuch as II was
signed by seventy-two ministers OF the ohteo
| Presbyterian Church of Scotland The grievance
| to which the petitioners called the attention OF
their lordships was a very serious one. Al pre-
sent the only classes who were allowed by law to
take an affirmation instead Of an oath were aua-
| kers and Separatists. Now, he felt JUSTIFIED IN
saying that there might be orthodox members OF
the Church Of England who considered it unlawful
to take an oath, and, although he Lord Camp
j belly was of different opinion, he did not at al
wonder that many persons did entertain serious
scruples on the subject. But it was not the scrn-
pies of witnesses alone that their lordshPs had TO
consider The loss of the testimony was also TO
be considered. Suppose witness refused TO swear
to the fact Of the marriage OF the father ana mo-
Their of one Of their lordshps, their title TO SIT IN
that House might be seriously affected. he hoped'
therefore, that the time had arrived when rem
edy might safely be provided tor tins grievance.
| He admitted that it would be monstrous to pro-
pose the abolition of judicial oaths altogether but
he could see no harm in abolishing them SO TAR as
the class of persons were concerned who really
and truly entertained religious scruples on the
subjects and he should be glad to see a measure
| giving relief to such persons introduced even our
| ing the present session. Hear, hear he thought
that the common-law commissioners, IN their sec
ond report, had pointed out the true course to
follow; and that was to allow the judges dscre-
ton in the matter
| Lord Brougham said he was not aware that
that suggestion had been made by the conlnis,
sioners; but it was very good one. lie nad
been informed of very hard case-perhaPs the
hardest that had occurred under the exisuhg sys,
tenn. 1t was that of a young man who happened
to be present when some offence was committed
He was taken before the sheriff, and, having re-
fused to swear, he was sent to Jail Tor cohtu-
macy, where he remained one month. lie was
! in feeble health and when he came out he TOOK 10
| his bed and never rose again. lie uleu III s'N
weeks after. Hear, heart
! BAD DoINGs IN New YoRK.--The city of New
York is represented as exhibiting sad state OF
disorder on the Sd and 4h instant. Drunken
ness, profanity, obscenity, and tumult, outraged
the Sabbath and disgraced the anniversary of our
fraodnn