Question. What is the difference in the parliamentary oath of this country which saves us from such a squabble as they have had in England over the Bradlaugh case? Answer. Our Constitution provides that a member of Congress may swear or affirm. The consequence is that we can have no such controversy as they have had in England. The framers of our Constitution wished forever to divorce church and state. They knew that it made no possible difference whether a man swore or affirmed, or whether he swore and affirmed to support the Constitution. All the Federal officers who went into the Rebellion had sworn or affirmed to support the Constitution. All that did no good. The entire oath business is a mistake. I think it would be a thousand times better to abolish all oaths in courts of justice. The oath allows a rascal to put on the garments of solemnity, the mask of piety, while he tells a lie. In other words, the oath allows the villain to give falsehood the appearance of truth. I think it would be far better to let each witness tell his story and leave his evidence to the intelligence of the jury and judge. The trouble about an oath is that its tendency is to put all witnesses on an equality; the jury says, "Why, he swore to it." Now, if the oath were abolished, the jury would judge all testimony according to the witness, and then the evidence of one man of good reputation would outweigh the lies of thousands of nobodies. It was at one time believed that there was something miraculous in the oath, that it was a kind of thumbscrew that would torture the truth out of a rascal, and at one time they believed that if a man swore falsely he might be struck by lightning or paralyzed. But so many people have sworn to lies without having their health impaired that the old superstition has very little weight with the average witness. I think it would be far better to let every man tell his story; let him be cross-examined, let the jury find out as much as they can of his character, of his standing among his neighbors—then weigh his testimony in the scale of reason. The oath is born of superstition, and everything born of superstition is bad. The oath gives the lie currency; it gives it for the moment the ring of true metal, and the ordinary average juror is imposed upon and justice in many instances defeated. Nothing can be more absurd than the swearing of a man to support the Constitution. Let him do what he likes. If he does not support the Constitution, the probability is that his constituents will refuse to support him. Every man who swears to support the Constitution swears to support it as he understands it, and no two understand it exactly alike. Now, if the oath brightened a man's intellect or added to his information or increased his patriotism or gave him a little more honesty, it would be a good thing—but it doesn't. And as a consequence it is a very useless and absurd proceeding. Nothing amuses me more in a court than to see one calf kissing the tanned skin of another. —The Courier, Buffalo, New York, May 19, 1884. |