Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)United States. Congress
History
Abridgment of the Debates of Congress, from 1789 to 1856, Vol. 1 (of 16)
United States. Congress
Law -- United States; United States -- Politics and government
Mr. SHERMAN was not afraid of being charged with inconsistency. He had
voted against a similar clause when the bill was before the House, but
he was convinced now of its propriety; he thought it more eligible to
have a general provision for taking the oath, than particular ones. It
also appeared necessary to point out the oath itself, as well as the
time and manner of taking it. No other Legislature is competent to all
these purposes; but, if they were, there is a propriety in the supreme
Legislature's doing it. At the same time, if the State Legislatures take
it up, it cannot operate disagreeably upon them, to find all their
neighboring States obliged to join them in supporting a measure they
approve. What a State Legislature may do, will be good as far as it
goes; on the same principle, the constitution will apply to each
individual of the State officers--they may go, without the direction of
the State Legislature, to a justice, and take the oath voluntarily.
This, I suppose, would be binding upon them. But this is not
satisfactory; the Government ought to know that the oath has been
properly taken, and this can only be done by a general regulation. If it
is in the discretion of the State Legislatures to make laws to carry the
declaration of the constitution into execution, they have the power of
refusing, and may avoid the positive injunctions of the constitution. As
our power in this particular extends over the whole Union, it is most
proper for us to take the subject up, and make the proper provision for
carrying it into execution, according to the intention of the
constitution.
Mr. BOUDINOT wished to remove the gentleman's objections arising from
inconsistency. The clause that was rejected by the Committee of the
Whole on this bill, contained a penalty for the neglect of taking the
oath as prescribed; but the amendment of the Senate was not
objectionable on that account, because it contained no such provision.
As to the policy or expediency of the messure, he entertained not the
least doubt respecting it. The constitution said only that the officers
of Government should be bound by oath, leaving to Congress to say what
oath. In short it was the duty of the House, as had been well said by
the gentleman from New York, (Mr. LAWRENCE,) to detail the general
principles laid down in the constitution, and reduce them to practice.
He would enforce the expediency of the measure with one further remark.
Several of the State Legislatures were sitting at this time, and had
expressed a wish or expectation that such a regulation would be made by
the General Government; if from principles of false policy the measure
did not take place, the State Legislatures might neglect it also, and it
was well known that their officers cannot act without it; hence the
legality of their acts may be called in question, and give cause to a
great deal of uneasiness and confusion.
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