ANSWER. God gave me my birth here. Because bad men about me "play such tricks before high Heaven, as make the angels weep," does it oblige me to quit? I have as good right here as they. If they choose to leave, let them—I Shall remain. 'Twould be a pretty thing, indeed, if, as often as I found myself next door to a bad man, who would bring up his children to steal my apples and break my windows, I were obliged to take the temptation away by cutting down all my apple trees and moving my house further west, into the wilderness. This would be, in good John Wesley's phrase, "giving up all the good times to the devil," with a witness.
OBJECTION XV.
"Society has the right to prescribe the terms, upon the expressed or implied agreement to comply with which a person may reside within its limits."
ANSWER. This principle I utterly deny. All that Society has a right to demand is peaceful submission to its exactions:—consent they have neither the power nor the right to exact or to imply. Twenty men live on a lone island. Nineteen set up a government and say, every man who lives there shall worship idols. The twentieth submits to all their laws, but refuses to commit idolatry. Have they the right to say, "Do so, or quit;" or, to say, "If you stay, we will consider you as impliedly worshipping idols?" Doubtless they have the power, but the majority have no rights, except those which justice sanctions. Will the objector show me the justice of his principle? I was born here. I ask no man's permission to remain. All that any man or body of men have a right to infer from my staying here, is that, in doing this innocent act, I think, that on the whole, I am effecting more good than harm. Lawyers say, I cannot find this right laid down in the books. That will not trouble me. Some old play has a character in it who never ties his neckcloth without a warrant from Mr. Justice Overdo. I claim no relationship to that very scrupulous individual.
OBJECTION XVI.
These clauses, to which you refer, are inconsistent with the Preamble of the Constitution, which describes it as made "to establish justice" and "secure the blessings of liberty to ourselves and our posterity:" And as, when two clauses of the same instrument are inconsistent, one must yield and be held void—we hold these three clauses void.
ANSWER. A specific clause is not to be held void on account of general terms, such as those of the preamble. It is rather to be taken as an exception, allowed and admitted at the time, to those general terms.
Again. You say they are inconsistent. But the Courts and the People do not think so. Now they, being the majority, settle the law. The question then is, whether the law being settled,—and according to your belief settled immorally,—you will volunteer your services to execute it and carry it into effect? This you do by becoming an officeholder. It seems to me this question can receive but one answer from honest men.
LAST OF ALL, THE OBJECTOR CRIES OUT,
The Constitution may be amended, and I shall vote to have it changed.