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to take an oath nnd to give evidence . I assume for the moment Mr . Phillips was correct in concluding that Mr . Holyoake had not such religious belief ; but in my next letter I shall show that he was not justified in forming any such opinion ; and that he ought , from what took place hefore him , to have allowed Mr . Holyoake to be sworn . . . Formerly , infidels ( by which word Jews as well as heathens were included—that' is , all who did not believe the Christian religion ) were not allowed to give evidence :
and it was not until the great case of Omychund v . Barker , decided in 1744 , that the law , as it now stands , was clearly established . " In that case a commission to examine witnesses in the East Indies having been issued by the Court of Chancery , the commissioners certified that they had examined several persons professing the Grentoo religion , whose evidence was delivered on oath , taken in the usual and most solemn form in which oaths were most usually administered to witnesses who profess that religion , and in the same manner in which oaths were usuallv administered in the
courts of justice erected at Calcutta by letters patent . On account of its importance , Lord Chancellor Hardwicke was assisted by Lee , C . J ., Willes , C . J ., and Parker , C . B ., at tlie hearing of the cause ; when , on its being proposed to read as evidence the deposition of one of those persons , the defendant ' s counsel objected that , in order to render a person a , competent witness , he must be sworn in the usual way upon the Evangelists , and that the law of England recognised no other form of oath . The case having been learnedly argued on both sides , and the authorities fully gons i : ito , each of the judges delivered an able and elaborate judgment ; in
which they showed clearly that oaths are not peculiar to the Christian religion , having been in constant use , not only in the ancient world , but among men in every age ; that the substance of an oath is essentially the same in all ciscs—namely , an invocation of a Superior Power to attest the veracity of a statement made by a party , acknowledging his readiness to avenge falsehood , and in some cases invoking that vengeance ; and that consequently the mode of swearing is no part of the substance of the oath , and ought to be adjusted to suit the conscience of the witness . They , however , agreed
that mjiclels ivho do not believe in God ova slate of rewards and punishments cannot be admitted as witnesses ; and although from some of the language in that case , and other books , it might be inferred that a belief in a future state of rewards and punishments is required on the part of the witness , there is no decided case to that effect , and the better opinion is , that the belief in an avenger of falsehood generally is the essential question , the time and place of punishment being more matters of circumstance . "—Principles of IZvidtmcc , &c , by W . M . Itesfc , A . M ., LL . B ., p . 3 56 \
It will appear , from the above extract , that Mr . Phillips was wrong when he said that " our law required a belief in God , and the dispensation at' future rewards and punishments in a future state . " To show that this ia not Mr . Host ' s opinion alone , I will quote a passage- from Pitt Taylor ' s Treatise on the Law of -Evidence . "It may bo considered as wow generally settled in this country , as well su in America , that it is not material whether the witness believes that the ; punishment will l > o inflicted in this world or the next . It is
enough if lie * lias the religions son . se of accountability to the- Omniscient Ueing , who i- « invoked by an oatb . "—( p . 1 ) 22 . ) The . . same opinion is expressed in Sfarkie on the Law of Evidence , p . 93 ; and ia S . March Phillipps' work on the same- subject , vol . i ., p . 3 7 , n . 2 . The 1 and 2 Viet ., c . 105 , was only : in act deelararatory of the common law as established by the beforementioned case , and to remove doubts as to whether persons who were of one religion in fact , but had allowed themselves to be : sworn in a manner peculiar to some other religion , were- bound by the oath so administered , and whether such per . soiij could be indicted for perjury if they swore falsely . The latter part of
the statu , enacts Unit nny person who shall have bad tlie oatli udininist . ored in a manner which he lias declared to bo binding , " in ease of wilful false swearing , may bo convicted of the crime of perjury in the same manner ns if the- oath had been administered in the form and with tlie ceremonies most ; commonly adopted . " " In lH : ii ) , one George Connard , an insolvent , " says Mr . Holyoake , " was remanded to JLunonster ( Jaol , solely because bo would not take tlie customary oath . This act was then quoted in ! , ho public papers ; Lord Urougbain and Mr . 11 nine both presented petitions on behalf of the insolvent , and . Lord Norinanby ordered his liberation without conditions . "
Not being awure of the particulars of this case , I cannot express any opinion upon it ; hut if the insolvent was sent to f'aol " because fie would not fake the customary ««/// , ' * being at the name f . inie willing to lake Homo other oath , and havimj lltei necessary rc / n / ioum belief , tho judge wan clearly wrong ; for the common
law , and also the statute 1 and 2 Victoria , c . 105 , enabled the insolvent to take the oath in such a forms a he should declare to be binding . As to the case in which ISTt . Robert Owen was examined as a witness , I think by the same statute he was entitled to be sworn in the manner pointed "out by the Court , after making the declaration required , but not unless he believed " in the existence of God , the
rewarder of truth , and avenger of falsehood . " Mr . Holyoake does not state whether any examination took place as to Mr . Owen ' s religious belief . I should think it probable that it did ; and from what I know of Mr . Owen ' s opinions , as expressed in his works , I have little doubt that his answer to a question put generally upon this subject , would justify the court in allowing him to be sworn . A Babiustbe . Temple , Feb . Ii , 1853 .
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SUNDAY REFORM . ( To the Editor of tho Leader . ) Sir , —There are some reforms with respect to which public meetings and petitions are of little practical use , so far as immediate legislation is required . I include among these the movements whicli are supported by a party in the House of Commons . In such cases the petitions are quietly put by , and nothing more is said of them ; the only purpose they have answered being that of recording the opinions of those from whom they emanate f , or a future time . "Whoro any cause is supported by a strong party , I regard public meetings and petitions ns very valuable . They are not then doomed to be silently consigned to obscurity . They aro supported with animation , and pointed at as evidences of what the public say upon the matter .
The movement which ha 3 been already noticed in your columns for opening the Crystal Palace on Sundays , seems to me to be eminently one of those in which meetings and petitions are useful . We who desire to see that object effected may count upon the support of a very irreat number of the members of the House of Commons . No consistent Free-trader will hesitate to record hie vote in favour of the opening . We may reasonably suppose that those who represent the railway interest will vote in our favour ; and the Catholic party cannot well object to a cause which is sanctioned to a still greater extent where the Roman-catholic religion
prevails . At tho same time , we know that powerful influences will be brought to bear on the other side . Bigotry , fanaticism , and cant , will be hard at work , rnd the advocates of Sunday freedom may need both to be encouraged and stimulated . I have no doubt the common sense of the great mass of tho public lias led to the conclusion that the Crystal Palace ought to be , and will be , opened on Sunday . They feel so sure of that , that they hardly think it noccssary to express their opinions . Too much confidence is as dangerous as too little ; and \ f theyi remain silent , our opponents will ex-claim : " Whv subvert an ancient and honoured
institution to which tho peojilo are attached , and against the maintenance of which they do not petition ?" What I wish to say through your columns is , that this aspect o ^ the agitation should be borne in mind , not only in London , but in the provinces also . This i ; t not merely a metropolitan question . It . affects the whole country . It does not merely concern the Crystal Palace , but touches the right of the people to have good anil useful Sunday amusements . On it depends
in no small degree the seventh days' use of pleasure grounds , parks , museums , and institutions everywhere . Whichever way it is settled , it will be drawn into a precedent ,. If in our favour , we may £ <> on to make Sunday a day of improvement as well us of rest . If against " , us , the . " unco guid" will attack such privileges as we already possess . It soenis t : > me that , the time ban entile when we must either progress or retrogress , and working men wherever they may be should not stand by supinely at such a moment .
I would strongly advise that . 11 le other large towns of the kingdom should imitate London . That ; meetings . should be held and petitions presented either tbrou"b ( . he working man's committee , sifting at Anderton ' s Hotel , I ' 'leet-sl , reet , or through the local representatives , the latter being requested to support , their prayer ; and I hope that you will ^ ive fo this suggestion the aid of your able advocacy , so that , flu ; work may lie set about , at , once and in earnest . I am , sir , yours very obediently , Wim . ia . u Nkwton . a , ., Arhu ' ur Niiu ; ii- (( , IVlm-oli : ( , 1835 .
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TllK TRHATMKNT OK CAHMION . ( To tho Editor of tho Leader . ) Tn io attention of the public has for some time been turned l . o the Cab-question . A correspondent of tlie Times lias flii-s week h , letter entitled , " How to Fix Cabmen" vi / .,, by some definite 1 jil : in of fares which , no doubt , Hie cabmen would be us willing to see nettled an the public . Hut there is another point , worth , perhaps , a passing consideration ; wliilo wo consider how
to fix cabmen , would it not be useful to consider how to treat them ? No doubt many cabs are driven by worthless , exacting , abusive men ; but it is also true that many cabmen arc much more civil and well-conducted than are some of the people they are called upon to drive . The cab ranks are sometimes replenished by decayed gentlemen , who have lost none of their refinement in their misfortune . But whatever a man may be , no sooner is he thrust by necessity into that order than he finds himself treated , by common c onsent of the public ,
as depraved , which must have a tendency to make him so . He must be a man of the very highest nature , who shall find himself always treated with suspicion and contumely , and not at last grow indifferent as to whether he deserves this estimation or not . The most permanent incentive to good personal conduct is tho favourable estimation of those around us . Neither the high nor the low can , ns a class , preserve virtue without this encouragement . If a man is sedulously thought ill of ; and spoken ill of—be he what he may , and do what he may—he inevitably comes to feel that it cannot be worse with him if he become the villain he is painted .
For some years past I have made a few experiments , winch I ask leave to relate . Having an appointment , which afforded some minutes of grace , I thought one day that instead of higg ling with the c abman about the fare , I would trust to him for once , and try whether honour , said to dwell even among thieves , did ever dwell on the " ranks . " Accordingly , I called friei d " Cabby , " and putting one shilling into his hand , sni < % " Drive me as far on my way to the India House ra that fare will pay for . " The charge to the India House was sixteen pence ; he drove me to it for the shilling . Thinking that an exception , I tried tho case again , and I avrs driven next day in another part of the city such a lengthy . shilling fare , that I gave tho man a fourpenny piece conscience money . Such unusual conduct seemed to me to demand explanation ;
and , after some more experience , I hit upon the theory , that it was like much more morality we haver in the world—a . sunshine development ; so I tried tho thing after sunset , and as cabmen after eleven o ' clock at night have a new scale of fares , I thought they might put on new principles of action , and I repeated my experiment at three o ' clock in the morning in Piccadilly , and I was driven so far beyond the distance cip ; htcenpence would take me , that I gave the man two shillings , who did not , however , cither ask or affect to expect any gratuity . The bargain had been a tacit appeal to bis honour : I had not higgled
with him , and lie did not attempt to higgle with me . However , I was far from satisfied . It appeared to mo that these successes might be accidental , or that tho sentiment of self-respect , on the part of metropolitan cabmen might just then bo epidemical ; so I next tri < d the experiment in Piccadilly , Manchester—then on tho liroiniotow , Glasgow—then in Prinee's-. street , Edinburgh ; r . iul in every case I was taken beyond any distance I mvself should have proposed , or than it is at all likely the driver would himself have driven me . I have nothing io add beyond this , that J have como to the conclusion that , cabmen have at , least an
intermittent sentiment of . ' -elf-respect as well as the public ; and , like other men , they are apt to behave "well , when treated without suspicion . !> y all means let an equitable system of distances and fares be adopted , which we may all lenr . u without trouble , i : nd enforce without higgling : it will be better for flu ; cabmen and better for the public . I ! y all means let , all oases of extortion or gros : ; behaviour on the part of base cabmen be exposed , and dealt with vigorously ; but lot , the public reprobation fall on the offenders , and not on the entire class ; let . us not , by assuming ; dl to be had , take lift ! most , effectual way of making them so ; and when they have become what we practically have invited them io be , turn round with indignation , as though the depravity was entirely natural , wanfon , gratuitous , and universal . Cr . . ! . JL London , Fob . 18 t . Ii , 18 . 13 .
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NOTICKS TO OOKItKHI'ONDKNTH . " Another Hlmnjjor" didpulos llio improsiimn rcci . nli' i' Mr . Kilwnnl MuiII ' m recent , maiden o : iMM . y in I lie I b . usoof ( ' oiiiiiioiin . \ V'e Ii .-ivo only Io May , oneo lor nil , 1 . 1 ml . wo urn nol . rtv <|>< niMililn for I he viowh of our correspondent , wlimo pni-liiiiiioiitnr . y mLoIoIiom mI . IojimI . |> om ; h \ sm l . lie iidvnnt . i / 'o of liein / v ( niton on thonpol . They me llio vimvH of a eorroMpoiiclrlit , nnrl , nd Htieli , wo do nof , liolil oiuhoIvoh rciipoimible foi : ( licin . AVhiil . Mm . Summary of tho Nowm mud of Mr . Miidl , id Mn < opinion of I ho Leader on Iijm Hpooeh , iim it , npiioared beforn t lie public in lh << daily joiimimIh . Wo may mid ,
from our poniomil knowledge , Hint . " A Nl ranker in J ' arliiiuH-nL " in ii . wiirm admirer « if Mr . Alinll , nn the louder of mi inllucnt . ial party mid an alilo jniirmili . Hl , u hnlover view ho limy havo taken from l . h » ( Jiillory ol ' lho now ineinber ' n oiipuci ! , i <; n as Ik Hpcivkor in mixed anMemlilien , and of liidolumoen of I ' arlmmvntary BUCoeBH . If I lie oorroMpoiulcnlwlio , in I bo Leader , Home low months pant , wrolo from llalli . re ., pooll . ni ^ " Woinimn Kitflita , " and Hi « n . ud himtielf " S ., " w ill < ¦ oiiiiiinnie : il e \\ i | Ii I'Yedoriu It . Yount , IpBWloh t-tuflolli , Mio hitter |;< 'iit lom . in will tool particularl y ol ) Uu ; cd . ' IneoiiMtiinl , Koiider . " Wo do not , romeniber to uuvo publirthed llio Monnet , alluded l . o , though WO UCOIU to huvo a VUgUO recollection of flic , lino quoted .
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March 5 , 1853 . ] THE LEADER , 231
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Citation
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Leader (1850-1860), March 5, 1853, page 231, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/vm2-ncseproduct1976/page/15/
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