Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1872-03-23
From Charleston.

mittee on Education. which, on his motion,
was laid on the table and ordered to be print
Ell.
Tbs following resolution offered by Mr.
Price and pending a; the time Of adjournment
was then taken up as unfinished business, Mr..
rraver being called to the chair
"No person having direct interest IN
cause shall be competent 90 testify as a wit
ness In support Of such interest unless called
upon TO testify iu the cause by the adverse
party
When offering the resolution Mr.. Price had
said that he did so in the interest Of good NOR
ais and to destroy the temptation to false
swearing that is offered by the present law up
on this subject and the matter was discussed
BY Mr.. Farusworth aud Mr. Byrue, the form
sr opposing and the latter supporting the res
olution. yesterday afternoon. This morning,
Mr.. Hoge, Of Berkeley, said that much as he
regretted to differ with the distinguished au-
thor Of the resolution. lie could not vote for 1t,
and during his experience in the practice Of
law 10 Maryland and elsewhere where parties
in interest were freely permitted to testify ne
had not observed that any Generalization re-
suited therefrom. Wherever the rule has been
tried it has been found to work well, and it Is
a significant fact that DO State having once
adopted The practice had afterwards repealed
the law and gone to the old rule.
Mr.. Davenport-Thought that tho members
had not had time to devote sufficient attention
to SO important a subject. The earliest Wi
tiers on envidence made many exceptions to the
old rule. The later and better practice had
been received With almos. unanimous consent
aad approval.
Mr.. Holt, Of Braxton- Considered thisa rule
Of evidence which in its nature should be GeSi-
bic. and therefore should not be fixed by the
Constitution. Ii could not be said that the
vrongfuluess Of the rule, If it be wrong, was 50
clearly established that should be prevented
by Constitutional provision.
Mr. johnson. Of Wooj-Thought there
would be no more immortality under the pres
snt law than might result from its repeal
The question should be left 10 the Legislature.
The law was adopted four years. 1, had been
thoroughly tried and its effects observed, and
Notwithstanding several legislative sessions
had been held since its adoption 10 effort bad
been made for its repeal.
Ut Armstrong-TbouGbt that because the
Convention had prohibited yasious kinds OF
legislation it might Just as well 10 SO in this
case. if the Convention was satisfied tho rule
was wrong and destructive Of morals. He be-
lieved that the rule was conducive to immoral
" Jecauseit was productive Of false swearing.
Mr.. Hoge-Inquired whether the same re-
suits might not follow oath and reply 10
Chancery, which had long been the rule?
Mr.. Armstrong admitted that the Chanoery
rule was wrong, but that afforded 40 reason
why II should be extended
Mr.. Wilson though, tie matter should be
left TO the Legislature.
Mr.. Price thought tbs people bad demanded
Of the Convention the making Of a Constitution
that would protect them and in this seuse had
asked lyr change 10 the prcssu; law
Mr. Johnson. Of Tyler, referred to the fact
tbattle resolution had been offered ostersibIy
10 protect the morals of the people, bat lie
could no. see that there was mors immortality
IN being forsworu than in ordinary lying. As
much guilt is attached 60 flsel9oj withou.
oath as 10 false swearing.
The previous question was called and the
main question put, the yeas and nays result
irgas fllows ayes. 22;uoes. IL.
ArrErS'os sgssuS.
Upon the .ssssouj.5ag Of he C.nveaGoa iu
che afternoon. tho reror. Of tie Committee on
tho Bll Of Rights and Elections being under
discussion, matters progressed smoothly and
the report Of The committee me, vi,l genera,
concurrence until TIE following amendment
vas offered by Nr. Wiley. of Nouoagsa 90
follow tie 18th section of tie report: BU,
every citizen owes paramount allegiance 20
lie Government of tie United States
Mr.. Wiley supported lis amendment by
brief argument tou,l.us the allegiance
owed 90 the General Government ly citizen
Of tie State aud claiming ,lattlerepor; Of 'ae
committee looiei TO State allegiance a.oue.
lie was f,,ovei >y SIR President r-.e. N-.
rr-.re-. 1lv,-- I..r. called % The chair