SWEARING AND AFFIRMING.

_Question_. What is the difference in the parliamentary oath of

this country which saves us from such a squabble as they have had

in England over the Bradlaugh case?

_Answer_. Our Constitution provides that a member of Congress may

swear or affirm. The consequence is that we can have no such

controversy as they have had in England. The framers of our

Constitution wished forever to divorce church and state. They knew

that it made no possible difference whether a man swore or affirmed,

or whether he swore and affirmed to support the Constitution. All

the Federal officers who went into the Rebellion had sworn or affirmed

to support the Constitution. All that did no good. The entire

oath business is a mistake. I think it would be a thousand times

better to abolish all oaths in courts of justice. The oath allows

a rascal to put on the garments of solemnity, the mask of piety,

while he tells a lie. In other words, the oath allows the villain

to give falsehood the appearance of truth. I think it would be

far better to let each witness tell his story and leave his evidence

to the intelligence of the jury and judge. The trouble about an

oath is that its tendency is to put all witnesses on an equality;

the jury says, "Why, he swore to it." Now, if the oath were

abolished, the jury would judge all testimony according to the

witness, and then the evidence of one man of good reputation would

outweigh the lies of thousands of nobodies.

It was at one time believed that there was something miraculous in

the oath, that it was a kind of thumbscrew that would torture the

truth out of a rascal, and at one time they believed that if a man

swore falsely he might be struck by lightning or paralyzed. But

so many people have sworn to lies without having their health

impaired that the old superstition has very little weight with the

average witness. I think it would be far better to let every man

tell his story; let him be cross-examined, let the jury find out

as much as they can of his character, of his standing among his

neighbors--then weigh his testimony in the scale of reason. The

oath is born of superstition, and everything born of superstition

is bad. The oath gives the lie currency; it gives it for the moment

the ring of true metal, and the ordinary average juror is imposed

upon and justice in many instances defeated. Nothing can be more

absurd than the swearing of a man to support the Constitution.

Let him do what he likes. If he does not support the Constitution,

the probability is that his constituents will refuse to support

him. Every man who swears to support the Constitution swears to

support it as he understands it, and no two understand it exactly

alike. Now, if the oath brightened a man's intellect or added to

his information or increased his patriotism or gave him a little

more honesty, it would be a good thing--but it doesn't. And as a

consequence it is a very useless and absurd proceeding. Nothing

amuses me more in a court than to see one calf kissing the tanned

skin of another.

--_The Courier_, Buffalo, New York, May 19, 1884.

The Works of Robert G. Ingersoll, Volume VIII. Interviews · 第 175 / 269 题