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Page thumbnail for The Northern Star, And Constitutionalist
Domestic News June 13, 1835

The Northern Star, And Constitutionalist

Warren, Bristol County, Rhode Island

What is this article about?

In Nantucket's Court of Common Pleas, witness James H. Briggs refused to take the oath, citing conscientious scruples. The court, unsatisfied, required testimony he didn't provide. The clerk resigned rather than administer the oath; a new clerk was appointed, and Briggs was ordered imprisoned until complying. (Source: New Bedford Mercury.)

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OCR Quality

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Full Text

Conscientious Scruples.—At the recent term of the Court of Common Pleas in Nantucket, Judge Strong presiding, a somewhat curious occurrence took place, the facts of which are as follows;—James H. Briggs, called as a witness, declined taking the oath, offering to affirm. The counsel in the case objected to his taking an affirmation, unless the Court should be satisfied that the proposed witness had conscientious scruples which would prevent his taking the oath.—The Court then examined Briggs, and were not satisfied from the examination, that he had conscientious scruples upon the subject. The Court then suspended the subject until the next day, saying to witness that the Court would receive testimony from his acquaintance and neighbors as to his general character, habits and opinions, which might have a tendency to show that he was sincere in his declarations as to his conscientious scruples. On the next day, Briggs appeared, but offered no testimony of this or any other description. The Court then required him to take the oath, which he said he should do if compelled. The Court then directed its clerk to administer the oath; but the clerk declined doing so, and said he should resign his office—which he did, and a new clerk was forthwith appointed and sworn by the Court. Briggs then refused to take the oath; whereupon, the Court ordered him to be imprisoned during the session of the Court unless during the term, he should take the oath required.—[New Bedford Mercury.

What sub-type of article is it?

Legal Or Court

What keywords are associated?

Nantucket Court Oath Refusal Conscientious Scruples Clerk Resignation

What entities or persons were involved?

James H. Briggs Judge Strong

Where did it happen?

Nantucket

Domestic News Details

Primary Location

Nantucket

Event Date

Recent Term Of The Court Of Common Pleas

Key Persons

James H. Briggs Judge Strong

Outcome

clerk resigned; new clerk appointed; briggs ordered imprisoned until he takes the oath.

Event Details

James H. Briggs refused to take the oath as a witness, preferring to affirm due to conscientious scruples. The court examined him but was unsatisfied, requested character testimony which he did not provide, and ultimately ordered him imprisoned for non-compliance after the original clerk resigned rather than administer the oath.

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