On general principles of law and reason, the oaths which these pretended
agents of the people take "to support the Constitution," are of no validity
or obligation. And why? For this, if for no other reason, viz., that they
are given to nobody. There is no privity (as the lawyers say) — that is,
no mutual recognition, consent, and agreement — between those who take
these oaths, and any other persons.
If I go upon Boston Common, and in the presence of a hundred thousand people,
men, women and children, with whom I have no contract upon the subject,
take an oath that I will enforce upon them the laws of Moses, of Lycurgus,
of Solon, of Justinian, or of Alfred, that oath is, on general principles
of law and reason, of no obligation. It is of no obligation, not merely
because it is intrinsically a criminal one, but also because it is given
to nobody, and consequently pledges my faith to nobody. It is merely given
to the winds.
It would not alter the case at all to say that, among these hundred thousand
persons, in whose presence the oath was taken, there were two, three, or
five thousand male adults, who had secretly — by secret ballot, and in a
way to avoid making themselves individually known to me, or to the
remainder
of the hundred thousand — designated me as their agent to rule, control,
plunder, and, if need be, murder, these hundred thousand
people. The fact
that they had designated me secretly, and in a manner to prevent my knowing
them individually, prevents all privity between them and me; and consequently
makes it impossible that there can be any contract, or pledge of faith,
on my part towards them; for it is impossible that I can pledge my faith,
in any legal sense, to a man whom I neither know, nor have any means of
knowing, individually.
So far as I am concerned, then, these two, three, or five thousand persons
are a secret band of robbers and murderers, who have secretly, and in a way
to save themselves from all responsibility for my acts, designated me as
their agent; and have, through some other agent, or pretended agent, made
their wishes known to me. But being, nevertheless, individually unknown to
me, and having no open, authentic contract with me, my oath is, on general
principles of law and reason, of no validity as a pledge of faith to them.
And being no pledge of faith to them, it is no pledge of faith to anybody.
It is mere idle wind. At most, it is only a pledge of faith to an unknown
band of robbers and murderers, whose instrument for plundering and murdering
other people, I thus publicly confess myself to be. And it has no other
obligation than a similar oath given to any other unknown body of pirates,
robbers, and murderers.
For these reasons the oaths taken by members of Congress, "to support the
Constitution," are, on general principles of law and reason, of no validity.
They are not only criminal in themselves, and therefore void; but they are
also void for the further reason that they are given to nobody.
It cannot be said that, in any legitimate or legal sense, they are given to
"the people of the United States"; because neither the whole, nor any large
proportion of the whole, people of the United States ever, either openly
or secretly, appointed or designated these men as their agents to carry the
Constitution into effect. The great body of the people — that is, men,
women, and children — were never asked, or even permitted, to signify, in
any
formal manner, either openly or secretly, their choice or wish on the
subject. The most that these members of Congress can say, in favor of their
appointment, is simply this: Each one can say for himself:
I have evidence satisfactory to myself, that there exists, scattered
throughout the country, a band of men, having a tacit understanding with each
other, and calling themselves "the people of the United States," whose
general purposes are to control and plunder each other, and all other persons
in the country, and, so far as they can, even in neighboring countries; and
to kill every man who shall attempt to defend his person and property against
their schemes of plunder and dominion. Who these men are, individually,
I have no certain means of knowing, for they sign no papers, and give no
open, authentic evidence of their individual membership. They are not known
individually even to each other. They are apparently as much afraid of being
individually known to each other, as of being known to other persons. Hence
they ordinarily have no mode either of exercising, or of making known, their
individual membership, otherwise than by giving their votes secretly for
certain agents to do their will.
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But although these men are individually unknown, both to each other and to
other persons, it is generally understood in the country that none but male
persons, of the age of twenty-one years and upwards, can be members. It is
also generally understood that all male persons, born in the country,
having
certain complexions, and (in some localities) certain amounts of property,
and (in certain cases) even persons of foreign birth, are permitted to be
members. But it appears that usually not more than one half, two-thirds, or
in some cases, three-fourths, of all who are thus permitted to become
members of the band, ever exercise, or consequently prove, their actual
membership, in the only mode in which they ordinarily can exercise or prove
it, viz., by giving their votes secretly for the officers or agents of the
band. The number of these secret
votes, so far as we have any account of
them, varies greatly from year to year, thus tending to prove that the band,
instead of being a permanent organization, is a merely
pro tempore affair
with those who choose to act with it for the time being.
The gross number of these secret votes, or what purports to be their gross
number, in different localities, is occasionally published. Whether these
reports are accurate or not, we have no means of knowing. It is generally
supposed that great frauds are often committed in depositing them. They are
understood to be received and counted by certain men, who are themselves
appointed for that purpose by the same secret process by which all other
officers and agents of the band are selected. According to the reports of
these receivers of votes (for whose accuracy or honesty, however, I cannot
vouch), and according to my best knowledge of the whole number of male
persons "in my district," who (it is supposed) were permitted to vote, it
would appear that one-half, two-thirds or three-fourths actually did vote.
Who the men were, individually, who cast these votes, I have no knowledge,
for the whole thing was done secretly. But of the secret votes thus given
for what they call a "member of Congress," the receivers reported that I had
a majority, or at least a larger number than any other one person. And it
is only by virtue of such a designation that I am now here to act in concert
with other persons similarly selected in other parts of the country.
It is understood among those who sent me here, that all persons so selected,
will, on coming together at the City of Washington, take an oath in each
other's presence "to support the Constitution of the United States." By
this is meant a certain paper that was drawn up eighty years ago. It was
never signed by anybody, and apparently has no obligation, and never had any
obligation, as a contract. In fact, few persons ever read it, and doubtless
much the largest number of those who voted for me and the others, never even
saw it, or now pretend to know what it means. Nevertheless, it is often
spoken
of in the country as "the Constitution of the United States"; and for
some reason or other, the men who sent me here, seem to expect that I, and
all with whom I act, will swear to carry this Constitution into effect. I
am therefore ready to take this oath, and to co-operate with all others,
similarly selected, who are ready to take the same oath.
This is the most that any member of Congress can say in proof that he has
any constituency; that he represents anybody; that his oath "to support the
Constitution," is given to anybody, or pledges his faith to
anybody. He has
no open, written, or other authentic evidence, such as is required in all
other cases, that he was ever appointed the agent or representative of
anybody. He has no written power of attorney from any single individual.
He has no such legal knowledge as is required in all other cases, by which
he can identify a single one of those who pretend to have appointed him to
represent them.
Of course his oath, professedly given to them, "to support the Constitution,"
is, on general principles of law and reason, an oath given to nobody. It
pledges his faith to nobody. If he fails to fulfil his oath, not a single
person can come forward, and say to him, you have betrayed me, or broken faith
with me.
No one can come forward and say to him: I appointed you my attorney to act
for me. I required you to swear that, as my attorney, you would support the
Constitution. You promised me that you would do so; and now you have
forfeited the oath you gave to me. No single individual can say this.
No open, avowed, or responsible association, or body of men, can come forward
and say to him: We appointed you our attorney, to act forus. We required you
to swear that, as our attorney, you would support the Constitution. You
promised us that you would do so; and now you have forfeited the oath you
gave to us.
No open, avowed, or responsible association, or body of men,
can say this to
him; because there is no such association or body of men in existence. If
any one should assert that there is such an association, let him prove, if
he can, who compose it. Let him produce, if he can, any open, written, or
other authentic contract, signed or agreed to by these men; forming themselves
into an association; making themselves known as such to the world; appointing
him as their agent; and making themselves individually, or as an association,
responsible for his acts, done by their authority. Until all this can be
shown, no one can say that, in any legitimate sense, there is any such
association; or that he is their agent; or that he ever gave his oath to them;
or ever pledged his faith to them.
On
general principles of law and reason, it would be a sufficient answer for
him to say, to all individuals, and to all pretended associations of
individuals, who should accuse him of a breach of faith to them:
I never knew you. Where is your evidence that you, either individually or
collectively, ever appointed me your attorney? that you ever required me to
swear to you, that, as your attorney, I would support the Constitution? or
that I have now broken any faith that I ever pledged to you? You may, or you
may not, be members of that secret band of robbers and murderers, who act in
secret; appoint their agents by a secret ballot; who keep themselves
individually unknown even to the agents they thus appoint; and who, therefore,
cannot claim that they have any agents; or that any of their pretended agents
ever gave his oath, or pledged his faith to them. I repudiate you altogether.
My oath was given to others, with whom you have nothing to do; or it was idle
wind, given only to the idle winds. Begone!