Charles Sumner: his complete works, volume 08 (of 20)Sumner, Charles
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Charles Sumner: his complete works, volume 08 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
“After the incompetency of the witness from defect of
religious belief is satisfactorily established by proof of
his declarations out of court, he will not be permitted to
deny or explain such declarations or his opinions, or to
state his recantation of them, when called to be sworn. But
he may be restored to his competency on giving satisfactory
proof of a change of opinion before the trial, so as to repel
any presumption arising from his previous declarations of
infidelity.”[205]
I would not press this illustration too far. But it seems to me clear,
that, if you accept the declarations of a person as decisive against
his religious belief, they must be accepted as equally decisive with
regard to his political belief. An oath to support the Constitution
presupposes political belief, as much as the oath itself presupposes
religious belief.
Pardon me, Sir, but I cannot refrain from astonishment that Senators,
learned lawyers, should be willing to treat the oath to support the
Constitution as an oath of _purgation_, an oath of _defecation_, an
oath of _purification_,--by which a suspected person may cleanse
himself, by which an evil spirit may be cast out. Sir, it is no such
thing. Such is not the oath of the Constitution. By that oath the
accepted Senator dedicates himself solemnly to the Constitution.
It is not an oath of purgation, as Senators insist, but an oath of
consecration. To such an oath may be fitly applied the words of the
ancients, when they spoke of the oath as “the greatest pledge of faith
among men.”
I would not be carried into technicalities; but, since Senators
insist that this oath is merely of purgation, I venture to add, that,
according to early writers, there were two forms of oaths,--one
technically styled “the oath of expurgation,” sometimes the _ex
officio_ oath, by which persons were bound to answer all questions,
even to the extent of accusing themselves or intimate friends. This
oath was much used and abused in the days of Queen Elizabeth. At an
earlier day it was administered to an Archbishop of York charged with
murder, and no less than one hundred compurgators were sworn with him.
The other is what is called “the promissory oath,” which is the oath of
the sovereign, the magistrate, the judge, the senator. Obviously this
is widely different from the oath by which a person clears himself from
suspicion, or cleanses his name.
There is another oath, with a peculiar title: I mean the _custom-house
oath_. You all know something of this oath, which is taken hastily,
without solemnity or question, and is now an acknowledged nuisance and
mockery, against which people petition Congress. By such oaths, “sworn
is the tongue, but unsworn is the mind.” With such oaths for seed,
perjury is the natural harvest. If Senators who have spoken in this
debate can have their own way, you will degrade the solemn oath of the
Constitution to the same class, and make it the seed of similar harvest.
Public-domain text, read in full here on John Shaqi.
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