The sun., 1879-03-19
Mifnpsscs, Onfhs.

A California judge has recently become
conspicuous by rcusins TO exclude tho tes-
timouy of n witness because Of his alleged
atheism. This was in dcrogation Of the COM
mon law rule that mau shall not hc al
lowed to testify In judicial proceedings unless
he believes in GuD and in future state of
rewards and puuishmcEts. II was, however.
in harmony with the Constitution OF this
state which provides that no person be
rendered incompetent TO be a witness on ac-
count of his opinions on matters of religious
belief As the law used to stand, man, in
order to have his testimony admitted. nccd
not be Christian; he might be Jew. Mo-
hnmmcdan, or q Gentle; he might simply
affirm, or he might be sworn on the Gospels
the Pentatcuch. the Koran. the foot OF n
Brahmin, or the body of a new-klied cock
hc might entertain, ns to religion. any kind
of horctical or hotorodox opinions but he
must not deny that thcre Is a GoD VINO
will punish him, either here or hercai.
ter, FOR swearing 10 u falschOod. As the
Judge we speak Of remarked. the enforce
mont Of this rule In these days Of scientific
skcpticism would exclude from the witness
box not only TYNDALL, HUXLEY, SPENCER
and other eminent men, of whose truthful
ness there ia no suspicion, but host Of less
wcll-knOwn iniidels. whose word, ON ordinary
occasions. would be taken by their neigh
bors ior any assertion they might make.
Wa have made further Innovation. In
this State, on the old practice, by permitting
witnesses who have conscientious scruples
against taking oath TO testify on their
solemn affirmation. and it is a question
whether we might not we'll 60 q little fur
thcr, and adopt the affirmation in all cases.
Oaths as at present administered are only
the modernized form OF the trial by ordeal
and by the wager Of battle. to which our
forciathcrs used TO appeal to ascertain the
rights OF a matter, for want OF n better
/ method. 4 few centuries ago person ac-
cused OF n crime was required to plunge his
arm into boiling rttcr, or to take up IN his
hand rcd-hot iron, or to walk over fiery
ploughsharcs. II he escaped unhurt, he
was acquitted if he WAS burned, lie was
/ condemned. Two men who had dispute
about money or land fought in person or by
| champion in the presence Of judges, and
the victor won his cause. \ supposed witch
was bound hand and foot and thrown into n
pond: II she aoate1, she was held guilty; II
she sank, she was discharged as innocent
then so firm. that the results OF such expert
ments were accepted as divine judgments.
/ In the same way It was believed that per-
/ jury would bring down tn instant wrath ot
/ heaven. and that lightning would strike
/ dead the audacluus wretch who should call
I on GoD 10 bear him out in telling Il lie. We
/ have abolished trial by ordeal and the wager
/ of battle; we have ceased to believe in
witchcraft. and, no longer trusting GOD TO
punish perjury, we visit it with imprison-
ment in the state prison; but we still keep
up the form OF invoking the divine ven
geance on false swearing, in even so little
matter as entering goods at the Clstom
House. Is II not time to do away with this
practice, and to cease pretending 20 secure
the telling OF the truth by means which
most of US know to be Intellectual
II will be said, of course, that the aboli-
tion Of witnesses oaths would remove n
valuable safeguard against false testi-
mony The general assumption is that men
fear to swear TO lie. which they would not
hesitate 70 utter in less formal manner.
But this is distinction which is anything
but generally prevalent. and which would
speedily be obhterated II the practice Of
taking oaths were discontinued. 1t Is not
religion but superstition. which makes per-
jury worse than simple lying. Really re-
ligious people regard the telling of untruth
as the sin. and not the violation Of the
oath. The giving OF false testimony. too.
need he none the less severely punished by
human agency because it was not preceded
by an appeal to COP, and experience has
shown that penalties enacted by law, when
swiftly aud certainly inflicted, are much
more enlcacious restraints than those winch
are threatened in the future life only.