people have settled the conditions on which one may take office. The
first is, that he assent to their Constitution. Is it honest to
accept power with the intention at the time of not keeping the
conditions?--The rightfulness of those conditions is not here the
question.
OBJECTION III.
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
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