lative, and executive, and the acquiescence of the
people for fifty years, do not prove which is the true construction,
then how and where can such a question ever be settled? If the
people and the courts of the land do not know what they themselves
mean, who has authority to settle their meaning for them?
If the Constitution is not what history, unbroken practice, and the
courts prove that our fathers intended to make it, and what too,
their descendants, this nation say they did make it, and agree to
uphold,--who shall decide what the Constitution is?
This is the sense then in which the Nation understand that the
promise is made to them. The Nation _understand_ that the judge
pledges himself to return fugitive slaves. The judge knows this when
he takes the oath. And Paley expresses the opinion of all writers on
morals, as well as the conviction of all honest men, when he says,
"that a promise is binding in that sense in which the promiser
thought at the time that the other party understood it."
OBJECTION II.
A promise to do an immoral act is not binding: therefore an oath to
support the Constitution of the United States, does not bind one to
support any provisions of that instrument which are repugnant to his
ideas of right. And an abolitionist, thinking it wrong to return
slaves, may as an office-holder, innocently and properly take an
oath to support a Constitution which commands such return.
ANSWER. Observe that this objection allows the Constitution to be
pro-slavery, and admits that there are clauses in it which no
abolitionist ought to carry out or support.
And observe, further, that we all agree, that a bad promise is
better broken than kept--that every abolitionist, who has before now
taken the oath to the Constitution, is bound to break it, and
disobey the pro-slavery clauses of that instrument. So far there is
no difference between us. But the point in dispute now is, whether a
man, having found out that certain requirements of the Constitution
are wrong, can, after that, innocently swear to support and obey them,
_all the while meaning not to do so_.
Now I contend that such loose construction of our promises is
contrary alike to honor, to fair dealing, and to truthfulness--that
it tends to destroy utterly that confidence between man and man
which binds society together, and leads, in matters of government,
to absolute tyranny.
The Constitution is a series of contracts made by each individ
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