To show how little influence for good has been attributed to the oath, it is only necessary to say that for centuries, in the Christian world, no person was allowed to testify who had the slightest pecuniary interest in the result of a suit.
The expectation of a farthing in this world was supposed to outweigh the fear of God's wrath in the next. All the pangs, pains, and penalties of perdition were considered as nothing when compared with pounds, shillings and pence in this world.
Question. You know that in nearly all deliberative bodies—in parliaments and congresses—an oath or an affirmation is required to support what is called the Constitution; and that all officers are required to swear or affirm that they will discharge their duties; do these oaths and affirmations, in your judgment, do any good?
Answer. Men have sought to make nations and institutions immortal by oaths. Subjects have sworn to obey kings, and kings have sworn to protect subjects, and yet the subjects have sometimes beheaded a king; and the king has often plundered the subjects. The oaths enabled them to deceive each other. Every absurdity in religion, and all tyrannical institutions, have been patched, buttressed, and reinforced by oaths; and yet the history of the world shows the utter futility of putting in the coffin of an oath the political and religious aspirations of the race.
Revolutions and reformations care little for "So help me God." Oaths have riveted shackles and sanctified abuses. People swear to support a constitution, and they will keep the oath as long as the constitution supports them. In 1776 the colonists cared nothing for the fact that they had sworn to support the British crown. All the oaths to defend the Constitution of the United States did not prevent the Civil War. We have at last learned that States may be kept together for a little time, by force; permanently only by mutual interests. We have found that the Delilah of superstition cannot bind with oaths the secular Samson.
Why should a member of Parliament or of Congress swear to maintain the Constitution? If he is a dishonest man, the oath will have no effect; if he is an honest patriot, it will have no effect. In both cases it is equally useless. If a member fails to support the Constitution the probability is that his constituents will treat him as he does the Constitution. In this country, after all the members of Congress have sworn or affirmed to defend the Constitution, each political party charges the other with a deliberate endeavor to destroy that "sacred instrument." Possibly the political oath was invented to prevent the free and natural development of a nation. Kings and nobles and priests wished to retain the property they had filched and clutched, and for that purpose they compelled the real owners to swear that they would support and defend the law under color of which the theft and robbery had been accomplished.
So, in the church, creeds have been protected by oaths. Priests and laymen solemnly swore that they would, under no circumstances, resort to reason; that they would overcome facts by faith, and strike down demonstrations with the "sword of the spirit." Professors of the theological seminary at Andover, Massachusetts, swear to defend certain dogmas and to attack others. They swear sacredly to keep and guard the ignorance they have. With them, philosophy leads to perjury, and reason is the road to crime. While theological professors are not likely to make an intellectual discovery, still it is unwise, by taking an oath, to render that certain which is only improbable.
If all witnesses sworn to tell the truth, did so, if all members of Parliament and of Congress, in taking the oath, became intelligent, patriotic, and honest, I should be in favor of retaining the ceremony; but we find that men who have taken the same oath advocate opposite ideas, and entertain different opinions, as to the meaning of constitutions and laws. The oath adds nothing to their intelligence; does not even tend to increase their patriotism, and certainly does not make the dishonest honest.
Question. Are not persons allowed to testify in the United States whether they believe in future rewards and punishments or not?
Answer. In this country, in most of the States, witnesses are allowed to testify whether they believe in perdition and paradise or not. In some States they are allowed to testify even if they deny the existence of God. We have found that religious belief does not compel people to tell the truth, and than an utter denial of every Christian creed does not even tend to make them dishonest. You see, a religious belief does not affect the senses. Justice should not shut any door that leads to truth. No one will pretend that, because you do not believe in hell, your sight is impaired, or your hearing dulled, or your memory rendered less retentive. A witness in a court is called upon to tell what he has seen, what he has heard, what he remembers, not what he believes about gods and devils and hells and heavens. A witness substantiates not a faith, but a fact. In order to ascertain whether a witness will tell the truth, you might with equal propriety examine him as to his ideas about music, painting or architecture, as theology. A man may have no ear for music, and yet remember what he hears. He may care nothing about painting, and yet is able to tell what he sees. So he may deny every creed, and yet be able to tell the facts as he remembers them.