The Anti-Slavery Examiner, Part 4 of 4American Anti-Slavery Society
Philosophy
The Anti-Slavery Examiner, Part 4 of 4
American Anti-Slavery Society
Antislavery movements -- United States -- Periodicals; Slavery -- United States -- Periodicals
Well, the voters in Boston, with this understanding, elect me to
Congress, and I proceed to Washington. But here arises a
difficulty,--my constituents at home have assented--but when I get
to Congress, I find I am not the representative of Boston only, but
of the whole country. The interests of Carolina are committed to my
hands as well as those of Massachusetts; I find that the contract I
made by my oath was not with Boston, but with the whole nation. It
is the _nation_ that gives me the power to declare war and make
peace--to lay taxes on cotton, and control the commerce of New
Orleans. The nation prescribed the conditions in 1789, when the
Constitution was settled, and though Boston may be willing to accept
me on other terms, Carolina is not willing. Boston has accepted my
protest, and says, "Take office." Carolina says, "The oath you swear
is sworn to me, as well as to the rest--I demand the whole bond."
In other words, when I have made my protest, what evidence is there
that _the nation_, the other party to the contract, assents to it?
There can be none until that nation amends its Constitution.
Massachusetts when she accepted that Constitution, bound herself to
send only such men as could swear to return slaves. If by an underhand
compromise with some of her citizens, she sends persons of other
sentiments, she is perjured, and any one who goes on such an errand
is a partner in the perjury. Massachusetts has no right to assent to
my protest--she has no right to send representatives, except on
certain conditions. She cannot vary those conditions, without
leave from those whose interests are to be affected by the change,
that is, the whole nation. Those conditions are written down in the
Constitution. Do she and South Carolina differ, as to the meaning?
The Court will decide for them.
But, says the objector, do you mean to say that I swear to support
the Constitution, not as I understand it, but as some judge
understands it? Yes, I do--otherwise there is no such thing as law.
This right of private judgment, for which he contends, exists in
religion--but not in Government. Law is a rule _prescribed_. The
party prescribing must have the right to construe his own rule,
otherwise there would be as many laws as there are individual
consciences. Statutes would be but recommendations if every man was
at liberty to understand and obey them as he thought proper. But I
need not argue this. The absurdity of a Government that has no right
to govern--and of laws which have no fixed meaning--but which each
man construes to mean what he pleases and obeys accordingly--must be
evident to every one.
What more power did the most despotic of the English Stuarts ask,
than the right, after having sworn to laws, to break such as their
consciences disapproved? It is the essence of tyranny.
Public-domain text, read in full here on John Shaqi.
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