|
|
|
The Declaration of Rights was then taken up, the 36th
article being under consideration.
The question was on the substitute for the article sub-
mitted by the minority of the committee on the Declara-
tion of Rights, which was lost by yeas 21, nays 45.
The question then recurred on the substitute for the
article submitted by the majority of the committee, as
follows:
"Nor shall any person, otherwise competent, be deemed
incompetent as a witness or juror on account of his re-
ligious belief, provided he believes in the existence of
God, and that, under His dispensation, such person will
be held morally accountable for his acts, and be rewarded
or punished therefor either in this world or the world to
come. No person shall be deemed incompetent as a wit-
ness on account of race or color. But the General Assem-
bly may, at any time hereafter, change or modify this
clause, if they shall deem it expedient. "
Mr. Jones moved to strike out all after the word "come, "
the Convention having already disposed of the subject
in a different manner.
The motion to strike out was agreed to.
Mr. Ritchie moved to amend the substitute by striking
out all after the word "juror, " and insert "in consequence
of his opinions on matters of religious belief. "
Mr. Lee said the impression seemed to be that this was
a new principle, but such was not the case. In most of
the State constitutions there was no disqualification as a
witness or juror on account of religious belief.
Mr. Mackubin said the effect of this would be that a
man might sit as a juror or testify who did not believe
in the existence of God, and he was unwilling to place
either his life or estate in the power of a man who did
not regard the Most High.
The amendment was rejected by a vote of 50 to 16.
No further amendments being proposed the substitute
was then adopted and the 36th article was then passed
over. As now amended it is as follows:
"Article 36. That as it is the duty of every man to
171
|
|
|
|
 |
