The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1855-12-12
JUDGE MASLY,s RECENT DECISION.
Prof. Joseph Henry.

Al tate Convention Of the Unvcrsaist denomi
nation of Christians, recently held in Sampson conn-
", resolutions were passed condenning in very |
strong terms reccn, decision Of Judge Manly, by /
which certain witnesses were rejected because d
their disbelief in the doctrine of future punshments.
These resolutiones originally published il the Tar
borough Southcrner, have brought out the following
reply from Judge Manly, which VIC copy from the
Wilmington Herald
Rutherford, Dec. LIST, 1855.
Mn. EDITOR The resolutions Of the Samp-
son Convention having appeared lor The FRS, time
in The Wilmington Herald, rs am 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 obd',. servant.
MARI. E. MANLY.
decision If mine in jackson county has been
made the subject &c denuuciaiion by State
Convention oi The Universalisi denomination Of
Christians in Sampson county. Public crnsure
coming from So respectable source requires 81
me 10 make statement Of the facts !; which am
satisfied have been misunderstood. and which
are necessary TO enable The public 10 Judge
rightly.
| Except The form Of affirmation provided for
/ Quakprs. Menonisls and Dunkarls, there are only
Two forms OF oaihs nv which persons ran be qua
lifted 10 give testimony in North Carolina. An
oath on the IInly t;osp.l., and (fnr those who
have seruples of conscieAre about swearng) an
appeal To God with nplilied hand. These forms
may be seen nv reference to The Revised Sta
,uies in the beginning Of the chapter on The sub
icct af oahs.
The witness in question, when offered. de-
clned taking an oath upon the Gospels in the
usual form. on the ground OF conscientious scri-
Piles; and The rlerk was ahont 10 swear him in
the alternative form prescribed by the act Of As
,cmbly, when il wa. objected that he did mol be-
lieve IN future state 81 rewards and punshmenls
Upon examination. he stated he believed all
persons would be saved from their sins, and ex-
empied from pains and penalties Tor them alIo-
geihetin The next world-that sin had It's punish
men, in this life. but none in the life To come.
, BY reference IN the terms OF The oaih which
!, was proposed 10 administer 10 him, IL viii al
onre be scen that he could not take that form Of
oath. Il is in the following wnrds--"I appeal
! to God as The wines. q ruth and he asenger
Of Judgment when lie secrets of ali harris Tf .is
he made known, ,llsl the evidence that Will
g,vr." &r.
Here the sanction appealed 10 Is scrounlabiliiy
al The great day of judgment. A. he did no, be-
: leve IN this ssnciInn, and drclIned taking the
oath IN the Gospels and as these are the only
! two FIRMS ~ ~hich persons Excerpt Qnakefs.
g. ran he sworn in Nnnh Carolina il ipllows,
that he could not he sworn AZ all without fnicing
his conscience. 10 his ra-e therefore ihe court
was relieved from Tie duty ~ tleriding whai are
the sanctions appealed 10 in the r0mmnn form
~ oath, and whether with his belief. Ne r.suId
have taken that oath II he hal offered 10 do 80.
Upon this plum statement think il might be SAFE
" Submitted 10 tie sober serond Ihau shis II he
Convention in Sampson itself. whether their
dcnnneiaiians against me. 10 the particular ease
stated, are not harsh and nncsllet Tor.
Whether The belief NJ The witness offered and
thus excluded 10 the belief ~ ,he Umrersaisls.
have no means Of knowing; a. have never seen
any c.iechi.m. or other symbolicsl book o. the
denomination except what has been promulgai.
ell by The Convention in Sampson. a. The ari-
cles 81 llen belief; and that is loo ambiguous IN
aid me IN decision. have known IN tie parI
II The State where reside. efaissimable gen.
lismrn who we're said 10 be universities aud
always understood that the CHARACTERISTIC frslure
oI their brIirf was The finite duration 81 pnni.h-
, msni 10 the next ~o,ld. and that al would uli-
malrly be brought INTO state II bl'ssednsss.
: Under thai impression, no ol,jerli"n was evsr
made BY me. ~ any body else under nv obser-
vslion. 10 their competency. mr. do think that
any Just ohieriinn could be made.
. II i due hBwesef 90 rsndpr. 10 state that j
The creed ~ The Unve,alisi embraces DENIAL 81
al accountability. ard punishment 10 The ne1I
world for ans committed IN The bpdy. and unre
penied ef and unaioned fof al death, he Is mol )
! competent witness a. The Law now stands %
: North Carolina. according 10 my opinion. Pun-
4 ishmeni, a. well ~ reward. 10 fuiure stair.
. 10 necessary belief. IN conformity with this
. npinion, a derision was msJe By me al The
! last coun Cor Cherokee Country, and The ppini
wiih Others has heen Incorporated IN ease and
. sent 20 The Supreme Coun from that conn.
/ ". trust j, viii be se.llei 10 some way. NJ
/ person in The lsBd will more cI.eehully aeguIcscs
! ~, and conform 20 Tie deei,ion Il il be sgaInsl
i my opinion none be mofe willing, 10 rass lhs
opinion !. sustained. 10 have tie law altered - ,,
! 70 embfance the excluded rlass. Ny settled con.
!. vietions have ever been IN favor nf nnnin.
ierietenre on the part 81 the Civil Auibnriy
ether directly or indirectly, whether BY legs
IaI,on o. Otherwise. with religion. liberty.
u - noi my intention 81 this lime 10 discus.
Al large the question Of Law involved 10 The opln.
!. ,on have here expressed. But .. have been
called bsIare he public, i msy not be ami.s 10
! me 10 assure such - lake any interest 10 III,
|. rnstlef. ihsi Is has nryef been made by me !
question NJ theology, n expedenry. % 81 ere.
b duluy. bal SIMPLY % eomptieny under iiie law
!, And believing The w.ighi o. snIbonty and rra.
!. sonng h, be sgsin.l ,he competency Of the Wit
!. ness rendered. Il becsme my duty 10 saw 90. u
mi. the iuJ,r,al officer has no discretion, bu