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.
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.