“He that imposes an oath, makes it,
Not he that for convenience takes it:
Then how can any man be said
To break an oath he never made.”
Said a Union man, when rumor was current that everybody would soon
be made to swear loyalty to the Confederacy, he would take such an
enforced oath “from the teeth out.” And so too, an ex-Confederate
soldier, made to swear loyalty to the United States, muttered to his
friend the words of Galileo when compelled to abjure the Copernican
system: “It still moves!” Yet both the Unionist and the Confederate
were conscientious, worthy citizens, who alike in times of peace,
would esteem the oath before a court of justice as “a recognizance to
heaven,” and again, to quote pithy lines from Hudibras, as--
Being “not purposed more than Law
To keep the good and just in awe.
But to confine the bad and sinful,
Like moral cattle in a pinfold.”
However, despite all ethical objections to the miscellaneous
administration of the oath of allegiance, and the numerous instances
of its futility in the war, its reputation still held good as a
specific for curing disloyalty; or at least, as a certain preventive
of ill consequences from that political sickness through men
afflicted with it. Therefore the extensive use of it by Judge
Humphreys in his court-room with Union citizens indicated no lower
degree of intelligence in him, although in the opinion of some it
might show his lack of judicial wisdom. Instances were not wholly
wanting in which the use of that requirement was denied him, because
the patient thought the prescribed dose too astringent for health of
conscience, as may be seen by the following from the _Knoxville Whig_
of that period: