justice. But if this provision was adopted
they would hardly accept the office. We
do cot want to be deprived of the power of
having our good citizens as magistrates
and justices of the peace And we want
to allow them the right to act as members
of the Legislature, or any other officer, if
the necessities of the case require it. I
know that in the old Constitution there
was a provision to meet the case, and I am
not particular how it is done now, so that
It is done.
The question being taken upon the
amendment, upon a division, it was not
agreed to—ayes 16, nays 34.
No farther amendment being offered to
this article, article thirty-five was read as
follows:
'' That, as it is the duty of every man to
worship God in such manner as he thinks
most acceptable to Him, all persons are
equally entitled to protection in their reli-
gions liberty; wherefore, no person ought,
by any law, to be molested in his person
or estate, on account of his religious per-
suasion or profession, or for his religious
practice unless under color of religion any
man shall disturb the good order, peace or
safety of the State, or shall infringe the
laws of morality, or Injure others in their
natural, civil or religious rights; nor
ought any person to be compelled to fre-
quent, or maintain, or contribute, unless
on contract, to maintain any pace of wor-
ship or any ministry; nor shall any person
be deemed incompetent as a witness or ju-
ror, who believes in the existence of a
God; and that under his dispensation such
persons will be held morally accountable
for his acts, and be rewarded or punished
therefor, either in this world or the world
to come."
Mr. JONES, of Somerset I move to strike
out the word "a," before the word "God,'
near the close of the article, so that it shall
read, " who believes in the existence of God,
and that under his dispensation," &c
Mr STIRLING, I do not think that makes
any practical difference Still I think it is
better, and will vote for it.
The question being taken, the amend-
ment was agreed to.
Mr. DUVALL. I move to strike out the
word "or," between the words "fre-
quent" and "maintain," so that it will
read, "nor ought any person to be com-
pelled to frequent, maintain, or contribute,
unless on contract, to maintain," &c.
Mr. STIRLING. The gentleman will recollect
that the language here employed was
adopted a great while ago, when it was
customary to put in the conjunctions
"and" and "or" cumulatively. The
true, fall, amplification of the English lan-
guage requires those words to be put in in
all places. It is so done now in all legal pa- |
pers, making the phraseology more formal.
But in modern times it has become custom-
ary to be more sparing of those words, the
same meaning being conveyed without
them.
Mr DUVALL. If it is correct to say " fre-
quent, maintain, or contribute," then the
"or" between "frequent" and "main-
tain" is superfluous.
Mr. STIRLING Not so; the word "or"
is understood, if it is not written The
words "frequent" and "maintain" can-
not be put together without a copulative
or disjunctive conjunction being under-
stood, even if it is not written. I think,
in a document like this, for the sake of
greater formality, the word ''or" should
stand.
Mr. DUVALL withdrew his amendment.
WITNESSES— RELIGIOUS TEST.
Mr. MILLER. I move to strike out all af-
ter the word "witness," and insert the
words, "on account of his opinions on
matters of religions belief," so that it will
read: "Nor shall any person be deemed
incompetent as a witness on account of his
opinions on matters of religious belief."
My object in offering this amendment is
to make this provision of our bill of
rights conform to that of other States upon
this point; and also to correspond with
and conform to our recent legislation upon
the subject of the competency of witnesses.
The Constitution of the State of New York,
from which I copied this amendment, pro-
vides that—
"The free exercise and enjoyment of re-
ligions profession and worship, without
discrimination or preference, shall forever
be allowed in this State to all mankind ;
and no person shall be rendered incompe-
tent to be a witness on account of his opin-
ions on matters of religious belief."
Now, so far as the striking oat the part
relating to jurors Is concerned, that is a
matter which the Legislature is perfectly
competent to provide for. It is perfectly
competent for the Legislature to provide
that no one shall be a juror, to sit in the
trial of cases, who does not " believe in the
existence of God," &c. It is perhaps very
proper that there should be some such pro-
vision as that in relation to jurors; but the
Legislature can provide for that.
But in relation to the competency of a
witness—I am speaking now in the legal
sense—the competency of a witness to testify,
the Legislature of this State last win-
ter passed a law allowing one who has
been a convicted criminal to go into the
witness box and testify. A man who has
been in the penitentiary, and convicted of
any crime whatever, except that of perjury,
our law now allows to go into the witness
box and testify. Now, it seems to me that If
we have gone thus far in legislation upon |
