The Anti-Slavery Examiner, Part 4 of 4

by American Anti-Slavery Society

And observe, further, that we all agree, that a bad promise is better broken than kept—that every abolitionist, who has before now taken the oath to the Constitution, is bound to break it, and disobey the pro-slavery clauses of that instrument. So far there is no difference between us. But the point in dispute now is, whether a man, having found out that certain requirements of the Constitution are wrong, can, after that, innocently swear to support and obey them, all the while meaning not to do so.

Now I contend that such loose construction of our promises is contrary alike to honor, to fair dealing, and to truthfulness—that it tends to destroy utterly that confidence between man and man which binds society together, and leads, in matters of government, to absolute tyranny.

The Constitution is a series of contracts made by each individual with every other of the fourteen millions. A man's oath is evidence of his assent to this contract. If I offer a man the copy of an agreement, and he, after reading, swears to perform it, have I not a right to infer from his oath that he assents to the rightfulness of the articles of that paper? What more solemn form of expressing his assent could he select? A man's oath expresses his conviction of the rightfulness of the actions he promises to do, as well as his determination to do them. If this be not so, I can have no trust in any man's word. He may take my money, promise to do what I wish in return, and yet, keeping my money, tell me, on the morrow, that he shall not keep his promise, and never meant to, because the act, his conscience tells him, is wrong. Who would trust property to such men, or such maxims in the common affairs of life? Shall we not be as honest in the Senate House as on 'Change? The North makes a contract with the South by which she receives certain benefits, and agrees to render certain services. The benefits she carefully keeps—but the services she refuses to render, because immoral contracts are not binding! Is this fair dealing? It is the rule alike of law and common sense, that if we are not able, from any cause, to furnish the article we have agreed to, we ought to return the pay we have received. If power is put into our hands on certain conditions, and we find ourselves unable to comply with those conditions, we ought to surrender the power back to those who gave it.

Immoral laws are doubtless void, and should not be obeyed. But the question is here, whether one knowing a law to be immoral, may innocently promise to obey it in order to get into office? The people have settled the conditions on which one may take office. The first is, that he assent to their Constitution. Is it honest to accept power with the intention at the time of not keeping the conditions?—The rightfulness of those conditions is not here the question.

OBJECTION III.

I swear to support the Constitution, as I understand it. Certain parts of it, in my opinion, contradict others and are therefore void.

ANSWER. Will any one take the title deed of his house and carry it to the man he bought of, and let him keep the covenants of that paper as he says "he understands them?" Do we not all recognize the justice of having some third, disinterested party to judge between two disputants about the meaning of contracts? Who ever heard of a contract of which each party was at liberty to keep as much as he thought proper?

As in all other contracts, so in that of the Constitution, there is a power provided to affix the proper construction to the instrument, and that construction both parties are bound to abide by, or repudiate the whole contract. That power is the Supreme Court of the United States.

Do we seek the common sense, practical view of this question? Go to the Exchange and ask any broker how many dollars he will trust any man with, who avows his right to make promises with the design, at the time, of breaking some parts, and not feeling called upon to state which those parts will be?

Do you seek the moral view of the point, which philosophers have taken? Paley says, "A promise is binding in that sense in which the promiser thought at the time of making that the other party understood it." Is there any doubt what meaning the great body of the American people attach to the Constitution and the official oath? They are that party to whom the promise is made.