Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1855-12-12
JUDGE MANLY's RECENT DEcisoN

ceet from any motive but high sense of duty, and
an enlightened conviction that it the law of the
land The statement of his Honor is calm and clear,
and as the point involved is new one, will be read
| with general interest. f-> '~'
Judge Manly, however, has been misinformed as
regards the first publication of the Sampson resoiu-
| tons above alluded to. They originally pub
| lished in the Tarboro Southerner, from which pa
per we copied them. ~ Wa Herald
RUTHERFORD, Dec. 1st 1866
| Mr.. EDITOR The Resolutions of the Sampson
Convention having appeared for the first time in the
! Wilmington Herald, as L informed hope you
will do me the favor to publish also in your paper
the statement of the matter which herewith send.
am respectfully, your obt. svt,
| MATT. E. MANLY.
decision of mine in Jackson county has been
! made the subject of denuncation by State Con-
yenton of the Universalist denomination of Chris
tans in Sampson county. Public coming
from respectable source requires of me to make
statement of the facts which am satisfied have
been misunderstood, and which are necessary to en-
able the public to judge rightly.
Except the form of affirmation provided for Qua
kers, Menonists and Dunkards, there arc only two
forms OF oaths by which persons can be qualified to
| give testimony in North Carolina An oath the
Holy Gospels, and (for those who have scruples of
conscience about swearing,) an appeal to God with
uplifted hand These forms may be seen by refer
ence the Revised Statutes in the beginning of the
chapter on the Subjc OF oathS.
The witness i'll question: when offered, declined
| taking oath upon the Holy Gospels in the usual
form, the ground OF conscientious scruplcs; and
form prescribed by the act of Assembly when it
objected that he did not believe III IA future state of
rewards and punishmcnts Upon examination, he
stated he believed all persons would be saved from
/ their SINS and exempted from pains and penalties
for them altogether in the next wOrld--at sin had
its punishment i'll this life, but i'll the life to
| come" By IL reference to the terms Of the oath
which it proposed TO administer to him, it will
at once be that he could take that form of
oath. 1t is in the following wors-'' appea! to
God the witness of truth and the avcnger Of false
hood as shall answer the at the great dAy Of
/ Judgment when the secrets Of all hearts shah be
made known, that the evidence that will give &c
Here the sanction appealed TO is accountability at
the great day Of Judgment As he did not believe
i'll this sanction, and declined taking the oath the
Gospels; and as these arc the only two forms in
which persons except Quakers &c.) be sworn
in North Carolina; 1t follows, that he could not be
sworn at all without forcing his conscience In his
therefore the court relieved from the duty
of deciding what the sanctions appealed to in the
common form Of oath, and whether with his belief
he could have taken that oath he had offered do
Upon this plain statement! | think it might be
safely submitted the sober second thoughts of the
Convention in Sampson itself, whether their dcnun-
Citations against in the particular stated
not harsh and uncalicd for
Whether the belief of the witness offered and thus
excluded is the belief of the UniversaistS | have no
means Of knowing as | have never seen anv Cate
chism, other sS mbOca book of the denomination
except what has been promulg gated by the ConveIl-
ton in SanpSon, the articles of their belief; and
that is too ambiguous aid me in decision. L
have known in the part of the State where reside,
several cstilnabe gentlemen who said to be
| niversaists; and | always understood that the
characteristic feature Of their belief the finite
dur0tj0n of punishment in the next world and that
all would ultimately be brought into of bcs-
sSrn"S< lnder that impression no objection was
walton, to their competency, do think any just
objection could be made
1t is due however candor, to state that if the
creed of the UnivcrsaSt embraces denial of all &C
conn nd in DnNt rNriI
SINS committed in the body, and unrcpentcd of and
unaoned for at death he is no; competent witness
as the law nov stands i'll North Carolina, according
to my opinion. Punishment, well reward, in
a future state is a necessary belief In conformity
with this opinion, decision made by the
last Court Tor Cherokee county, and the point with
others has been Incorporated IN case and sent to
the Supreme Court from that county. trust it will
be settled in some way,-no person in the land will
more chceriu!iy acqucscc IL, and conform TO the de-
cision if it be against my opinion; none be more
willing the opinion is sustained, have the
law altered so as to embrace the excluded Glass;
My settled convictions have ever been in favor of
noaintcrferencc the part Of the Civil Authority,
either directly indirectly whether by Legislation
or otherwise, with religious liberty.
1t is not nay intention at this time TO discuss at
large the question of law involved i'll the opinion
have here expressed But as have been called be-
fore the public it may be amSs for to assure
such take any interest in the matter that it has
never been made by me question of theology of
expedency, or of crediblity, but simply of compe-
teaCy under The .aw. And believing the weight of
authority and reasoning to be against the competen-
cy of the witness rendered, it became my duty say
so. In this the judicial officer has discretion,
but must pronounce the law as it is impressed upon
his mind.
am aware there conflicting decisions in other
States; and in State circuit decisions have
been made both ways recently on this point But
the professional understanding has been generally
in unison with my opinion. And the provisions
made by our Legislature for qualifying witnesses to
give testimony Inanifestly recognize punishment of
belief. The lessons given by Judges and others to
lninstructed and ignorant persons in every case
which has fallen under my observation, have had for
heir burthen this dogma of punishment hereafter.
And the elementary writers make belief in a future
tate of rewards and punishmcnts necessary to COM
'etency. There have been indeed, some recent
POSITIONS of the phrase future state Of rer0rds and
which restricts the punishmcnts q
neant to twinges of conscience in this world. But
hey not authoritative, and do not strike
onsistent with any sound exegess of the phrase
# the principles involved.
In view of these things if my fellow citizens of
he Sampson Convention will reflect upon them, it 7
GEMS to they will find reasons for my Judgment,
'hich if not convincing will at least satisfy them
nat it might have arisen from the doubtfulness of
he question, and not from any such intolerance and
epravity of heart would lead me to commit '
fragrant outrage" upon the rights of citizens and
act unconstitutional and inmical to republican Q
II
l have made this communication not to deprecate Z