om my
staying here, is that, in doing this _innocent act_, I think, that on
the whole, I am effecting more good than harm. Lawyers say, I cannot
find this right laid down in the books. That will not trouble me.
Some old play has a character in it who never ties his neckcloth
without a warrant from Mr. Justice Overdo. I claim no relationship
to that very scrupulous individual.
OBJECTION XVI.
These clauses, to which you refer, are inconsistent with the
Preamble of the Constitution, which describes it as made "to
establish justice" and "secure the blessings of liberty to ourselves
and our posterity:" And as, when two clauses of the same instrument
are inconsistent, one must yield and be held void--we hold these
three clauses void.
ANSWER. A _specific_ clause is not to be held void on account of
general terms, such as those of the preamble. It is rather to be
taken as an exception, allowed and admitted at the time, to those
general terms.
Again. You say they are inconsistent. But the Courts and the People
do not think so. Now they, being the majority, settle the law. The
question then is, whether the law being settled,--and according to
your belief settled immorally,--you will _volunteer_ your services
to execute it and carry it into effect? This you do by becoming an
officeholder. It seems to me this question can receive but one
answer from honest men.
LAST OF ALL, THE OBJECTOR CRIES OUT,
The Constitution may be _amended_, and I shall vote to have it
changed.
ANSWER. But at present it is necessary to swear to support it
_as it is_. What the Constitution may become, a century hence, we
know not; we speak of it _as it is_, and repudiate it _as it is_.
How long may one promise to do evil, in hope some time or other to
get the power to do good? We will not brand the Constitution of the
United States as pro-slavery, after--it had ceased to be so! This
objection reminds me of Miss Martineau's story of the little boy,
who hurt himself, and sat crying on the sidewalk. "Don't cry!" said
a friend, "it won't hurt you tomorrow."--"Well then," said the child,
"I won't cry tomorrow."
We come then, it seems to me, back to our original conclusion: that
the man who swears to support the Constitution, swears to support
the whole of it, pro-slavery clauses and all,--that he swears to
support it _as it is_, not as it hereafter may become,--that he
swears to support it in the sense given to it by the Courts and the
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