The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-06-12


BY the English law "no oath can be reouirad mn.
less it be established by act of Parliament or bv
| common law "a new oath not 81 estabIiSbod
cannot be imposed upon the subject" I'd Coke's
Institutes, 479; s Comyn Digest, title Semaine.
26S. 1t is only oaths administered in a civil or
criminal suit in court of justice having power to
administer an oath, or before some maqistrate or
officer invested by statute with similar authority
that the law takes cognizance of; and couseouenty
all voluntary aflidavts are extraiudicial. The
House OF Commons has no power to administer q,
oath except In those particular instances in which
tnat authority Is granted by express act of Paria
ment-lz Petersdorf 803, note.
The law takes no notice of any periurv I'm, srob
as Is committed In some court of Justice havin1
power to administer OATH or before some ,naaise'
trate or proper officer invested with similar An
thorlty, In some proceeding relative to civil sn+
or criminal prosecution; for it esteems all other
"aths at least unnecessary, and it is much oues
oneu now lar any magistrate is ustifiabe in TAX
ing voluntary affidavit, in any extraiadicial mat
yer, as Is TOO frequent upou every petty occasion
biacKsone Com 1871. And in Chittv's Notes g,
party must be lawfully sworn, and the person nv
whom the oath is administered must bsTe sly aUn ~
tent authority to receive it," P0
And, therefore, no false swearing berora ina;
viduals acting IN private capacity, or befnrn on
GERS who have no legal Jurisdiction to administer
the particular oath il question will amount to ner
lnry.-4 Bl. Com. 1876 Go. Inst. 166; Gro. Car,
The foregoing is the law in England. and such is
the law in the United States. For the General
Government there must be some statute prescrib.
ing the oath, the terms of the OATH and the officer
before whom it is to be taken. 1t has no common
law. Every oath not taken pursuant to the above
requisites is voluntary oath, and all such are
wholly void. having no binding force and the yio
laton OF which can never subject the party to the
guilt OF perjury This is the law where the taking
OF the oath Is purely voluntary. But where it is
coerctUe it is agranty void and imperative Every
lawyer knows, and most laymen know that pro-
mise mise or engagement, and the executing of |
M Ut other solemn instrument under duress is of /
which or operation. 1t is only judicial oatbs |
public ius De enforced and these for purposes of
Now it il st. IN order to obtain testimony.
stitution of The mat the oath to support the Con-
mero9s cases to private irdiiS"a lnis'erea III nu-
oy oncers civil and militarv q D, ana repeated
by what authority it is exacted eImit me to ask
voluntarily and son,:aio submitted to,
and when refused, is followed by nna coerevely;
The 9th article of the Constitution of nent?
states prescr1bes that the Senators and R United
tlves OF the United States, and of the esenta.
States, and all executive and judicial officers several
same, shall take the oath to support the Conti me
ton; and by the 4th section Of the act of COM
passed LIST of June, 1889, all officers (probabiS
military and civiD appointed under the authorityy
VI he United States, are required to take the same
oatn. These are all the persons ioho required to
e oath to support the Constitution of the United
tbar ~ clear beyond all doubt, that no person, whe-
an oath =, OF private individual Is required to take
w support the Constitution of the United !