But, say some, our lives are notice to the whole people what meaning we attach to the oath, and we will protest when we swear, that we do not include in our oath the pro-slavery clauses. You may as well utter the protest now, as when you are swearing—or at home, equally as well as within the State House. For no such protest can be of any avail. The Chief Justice stands up to administer to me the oath of some office, no matter which. "Sir," say I, "I must take that oath with a qualification, excluding certain clauses." His reply will be, "Sir, I have no discretion in this matter. I am here merely to administer a prescribed form of oath. If you assent to it, you are qualified for your station. If you do not, you cannot enter. I have no authority given me to listen to exceptions. I am a servant—the people are my masters—here is what they require that you support, not this or that part of the Constitution, but 'the Constitution,' that is, the whole."
Baffled here, I turn to the people. I publish my opinions in newspapers. I proclaim them at conventions, I spread them through the country on the wings of a thousand presses. Does this avail me? Yes, says Liberty party, if after this, men choose to vote for you, it is evident they mean you shall take the oath as you have given notice that you understand it.
Well, the voters in Boston, with this understanding, elect me to Congress, and I proceed to Washington. But here arises a difficulty,—my constituents at home have assented—but when I get to Congress, I find I am not the representative of Boston only, but of the whole country. The interests of Carolina are committed to my hands as well as those of Massachusetts; I find that the contract I made by my oath was not with Boston, but with the whole nation. It is the nation that gives me the power to declare war and make peace—to lay taxes on cotton, and control the commerce of New Orleans. The nation prescribed the conditions in 1789, when the Constitution was settled, and though Boston may be willing to accept me on other terms, Carolina is not willing. Boston has accepted my protest, and says, "Take office." Carolina says, "The oath you swear is sworn to me, as well as to the rest—I demand the whole bond." In other words, when I have made my protest, what evidence is there that the nation, the other party to the contract, assents to it? There can be none until that nation amends its Constitution. Massachusetts when she accepted that Constitution, bound herself to send only such men as could swear to return slaves. If by an underhand compromise with some of her citizens, she sends persons of other sentiments, she is perjured, and any one who goes on such an errand is a partner in the perjury. Massachusetts has no right to assent to my protest—she has no right to send representatives, except on certain conditions. She cannot vary those conditions, without leave from those whose interests are to be affected by the change, that is, the whole nation. Those conditions are written down in the Constitution. Do she and South Carolina differ, as to the meaning? The Court will decide for them.
But, says the objector, do you mean to say that I swear to support the Constitution, not as I understand it, but as some judge understands it? Yes, I do—otherwise there is no such thing as law. This right of private judgment, for which he contends, exists in religion—but not in Government. Law is a rule prescribed. The party prescribing must have the right to construe his own rule, otherwise there would be as many laws as there are individual consciences. Statutes would be but recommendations if every man was at liberty to understand and obey them as he thought proper. But I need not argue this. The absurdity of a Government that has no right to govern—and of laws which have no fixed meaning—but which each man construes to mean what he pleases and obeys accordingly—must be evident to every one.
What more power did the most despotic of the English Stuarts ask, than the right, after having sworn to laws, to break such as their consciences disapproved? It is the essence of tyranny.
What is the Constitution of the United States? In good old fashioned times we thought we knew, when we had read it and listened to the court's exposition. But we have improved upon that. The Liberty party man says, it is for him "what he understands it." John C. Calhoun, of course, has the same right, and instead of "Liberty regulated by law," we have liberty regulated by fourteen millions of understandings!
The Liberty party man takes office on conditions, which, he says, are not binding upon him. He gives us notice that he shall use the power as he thinks right, without any regard to these conditions of his oath. Well, if this is law, it is good for all. John C. Calhoun can of course take office with the same broad liberty, and swear to support the Constitution "as he understands it." He has told us often what that "understanding" is—"to sustain Slavery." Of course having made this public, if, after that, Carolina sends him, according to Liberty party logic, it is evidence that Massachusetts assents to his "understanding," and accepts his oath with that meaning! Why I thought I had fathomed the pro-slavery depths of the Constitution when I read over all its wicked clauses—but that is skimming only the surface, if the Constitution allows every man, to whom it commits power to use it, as he chooses to "understand" the conditions, and not as the nation understands them. If with this right, Abolitionists may take office and help Liberty, we must remember that by the same rule, slaveholders may take office and lawfully use all their power to help Slavery. If this be so, how absurd to keep crying out of this and the other thing it is "unconstitutional."
Away with such logic! If we have a Constitution, let us remember Jefferson's advice, and not make it "waste paper by construction." The man who tampers thus with the sacred obligation of an oath,—swears, and Jesuit like, keeps "reserved meanings" in his own breast,—does more harm to society by loosening the foundations of morals, than he would do good, did his one falsehood free every slave from the Potomac to the Del Norte.
OBJECTION IV.
"The oath does not mean that I will positively do what I swear to do, but only that I will do it, or submit to the penalty the law awards. If my actions in office don't suit the nation, let them impeach me."