2. The Constitution (Art. 6, Sec. 3) requires that Senators and Representatives, and members of the several State Legislatures, and all executive and judicial5 officers, both of the United States, and of the several States, shall be bound by oath or affirmation to support the Constitution. Then in the second article, section eight, the form of the oath required of the President before he enters upon his duties, is given in these words:
“I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability preserve, protect and defend the Constitution of the United States.”
3. This is all the Constitution says about oaths; but it is enough to show that no man (unless he commit perjury,) can accept office, either under the United States or any State government, unless he in good faith will support the Constitution.
But in the laws enacted6 by Congress, we find that not only official oaths are required; but in a great variety of other cases, men who transact7 business with the government are required to verify their accounts and statements with an oath. This is particularly the case with those who do business with the custom house; such as merchants, shipowners, and masters of vessels8. Many oaths must be put in the form of affidavits9; that is, the oath must be written and signed by the deponent, that the statements made may be preserved.
4. The form of official oaths varies according to the nature[575] of the duties to be performed by the deponent. The oath must be taken before the officer enters upon his duties. Should he neglect or refuse to do this, his acts will be illegal, and he would make himself liable to punishment.
After the late civil war broke out, Congress for the purpose of preventing those who had voluntarily taken part in the rebellion, from holding thereafter any office under the government, passed an act requiring every one before he could accept any office, either in the civil, military, or naval10 departments, to take an oath in the following form:
5. “I, A. B., do solemnly swear (or affirm) that I have never voluntarily borne arms against the United States, since I have been a citizen thereof; that I have voluntarily given no aid, countenance11, counsel or encouragement to persons engaged in armed hostility12 thereto; that I have neither sought, nor accepted, nor attempted to exercise the functions of any office whatever, under any authority or pretended authority in hostility to the United States; that I have not yielded a voluntary support to any pretended government, authority, power or Constitution, within the United States, hostile or inimical thereto. And I do further swear (or affirm) that to the best of my knowledge and ability, I will support and defend the Constitution of the United States, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion13, and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
So strong and comprehensive an oath as this was never before required from any officer of the government. It answers the requirements of the Constitution, and substantially comprehends all contained in any other forms heretofore used. It is at once an oath of allegiance, an oath of support of the Constitution, and an oath to discharge faithfully the duties of the office taken. This goes by the name of the Test oath, and frequently “The Iron-clad Oath.”
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6. The object of the test oath was, during the Civil War, to prevent the entrance into any office of a person who might be secretly unfriendly to the government, and use his position to the advantage of its enemies. So comprehensive and minute an oath would allow no chance of mental evasion to a conscientious14 person, and would lay the offender15 under the liability of severe punishment. It is evidently proper to bind16 all officers of the general and State governments under the strongest and most solemn obligation to a faithful and honest discharge of their duties.
7. Whoever receives an office in the United States, which is connected with the revenue in any way, so that public money passes through his hands, is required to give a bond as security for such money. These bonds give the government a claim on their property if the money is not accounted for according to the directions of the law. They are signed by one or more persons who must show that they have the means to pay the amount for which they become security. The amount of security required depends on the sums of money that are to pass through the hands of the official, or which is likely at any time to accumulate in his possession. The government takes all the care it can that there shall be no risk of loss of the public property, and the bond is designed to afford adequate security for all that any officer may have charge of.
8. By this means two important ends are gained. No person can get an office who has no friends and no reputation for uprightness sufficient to induce those that know him to risk their own property on his honesty and faithfulness. It was designed to be a sure means for the government of finding out who were to be trusted. If he has not property himself, so that he can secure his bondsmen to their satisfaction, he must have so high a character for integrity that they are willing to risk their money in his hands, or he cannot obtain an office. Security for public funds, and a high degree of personal worth are both expected to be gained by this requirement.
On the whole, this works very well indeed, in both respects,[577] but there seems no security, that is quite infallible, against roguery, unless it be in the extreme care of the people, and their constant watchfulness17 over all the affairs of the country and all the men who represent them. It is difficult to make a house so strong that a thief cannot get into it by force or stratagem18, and rogues19 who wish to steal from the public funds may band together and help one another to get into office and then divide what spoil they can secure; or unforeseen events may bring more money than was properly secured into an officer’s hands, or those whose duty it is to see that he disburses20 the funds at the right times may be careless or dishonest.
9. The only sure way is to take care that none but men of proved integrity get into office, and to take all pains to cultivate honesty in the community at large. The money lost by the government is probably much less in proportion than in the private business of the country. Great watchfulness is really exercised, and when such a case occurs it is immediately known through the whole country. Not many men are willing to run so much risk of punishment and public reprobation21. Too much care, however, cannot be taken to prevent corruption22 in public life. It destroys the purity and soundness of character on which our institutions are founded. A republic cannot exist without a high standard of virtue24.
10. Every official is required to take an oath, or make a solemn affirmation to discharge the duties of his office faithfully. Though we cannot expect to be quite secure against the trickery and insincerity of false and corrupt23 men, yet we have reason, on the whole, to congratulate ourselves on the general security of public property, and the watchfulness of the people over their servants in places of trust.
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1
perjury
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| n.伪证；伪证罪 | |
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hue
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| n.色度；色调；样子 | |
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infamous
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| adj.声名狼藉的，臭名昭著的，邪恶的 | |
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imprisonment
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| n.关押，监禁，坐牢 | |
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judicial
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| adj.司法的，法庭的，审判的，明断的，公正的 | |
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enacted
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| 制定（法律），通过（法案）( enact的过去式和过去分词 ) | |
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transact
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| v.处理；做交易；谈判 | |
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vessels
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| n.血管( vessel的名词复数 )；船；容器；（具有特殊品质或接受特殊品质的）人 | |
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affidavits
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| n.宣誓书，（经陈述者宣誓在法律上可采作证据的）书面陈述( affidavit的名词复数 ) | |
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naval
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| adj.海军的，军舰的，船的 | |
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countenance
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| n.脸色，面容；面部表情；vt.支持，赞同 | |
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hostility
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| n.敌对，敌意；抵制［pl.］交战，战争 | |
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evasion
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| n.逃避，偷漏(税) | |
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conscientious
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| adj.审慎正直的，认真的，本着良心的 | |
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offender
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| n.冒犯者，违反者，犯罪者 | |
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bind
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| vt.捆，包扎；装订；约束；使凝固；vi.变硬 | |
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watchfulness
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| 警惕，留心； 警觉（性） | |
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stratagem
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| n.诡计，计谋 | |
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rogues
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| n.流氓( rogue的名词复数 )；无赖；调皮捣蛋的人；离群的野兽 | |
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disburses
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| v.支出，付出( disburse的第三人称单数 ) | |
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reprobation
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| n.斥责 | |
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corruption
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| n.腐败，堕落，贪污 | |
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corrupt
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| v.贿赂，收买；adj.腐败的，贪污的 | |
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virtue
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| n.德行，美德；贞操；优点；功效，效力 | |
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