Anti-slavery bugle. [volume] (New-Lisbon, Ohio) 1845-1861, 1853-04-02
VOL. 8

was appointed to administer the oath, not TO
explain, qualify or new shape it. Mr.. Mann
knows that, as well as Howell Cobb or myself
His Office was purely ministerial. 1t might
have been performed by an automaton. In
deed, the whole thing might have been COM
, pleted by the sign of Mr.. Mann's dropping
white ball into deal box. MIR. Mann goes on
--'All the nation, ano the Supreme Court,
who cared to know, knew as well they did.
| At any rate, it was not my fault If they did
not know had told them often enough,
can hardly bring myself to believe that Horace
Mann, the author of that mastery argument
against the Fugitive Slave Law, ever penned
these sentences in serious earnest Like poor
Moses Stuart, had he no friend to prevent his
| jesting so untimelyi How Webster would
have snatched at such words from Horace Mann
to prove the contemptuous assertion, that his
opinion on law question was not worth re-
gardng!
But let us look back moment. Mr.. Mann
has just been telling us that his special oath, as
member of Congress, did not bind him to do
any thing as to fugitive slaves, or any thing
wrong. What occasion, then, had he to enter
into any explanations with those worthy indi-
viduals, Howell Cobb and Linn Boyd'i What
occasion had he to tell so often the nation
and the Supreme Court lin what particular
sense he took the OATH He has been assert
ing, all along before, that he took it just as ev
cry body else did and he made himself rather
merry at my not being aware Of the plain and
palpable legal distinction which covered all
members of Congress. But now, behold, even
this special oath is of such a nature that he is
obliged to have some private understanding
with Mr.. Cobb and Mr.. Boyd. This is very
singular. Will Mr.. Mann please let the world
know what little function there was which 9TH
members Of the House promised to fulfil, but
which he privately begged Howell Cobb and
Linn Boyd to excuse him from
Seriously, l mean to assert that up to this
elsewhere, had any reason to know or think,
from any public word or act of Mr.. Mann, that
he took that oath with any qualification OF re-
seryaton, or in any sense peculiar to himself
l respectfully ask Mr.. Mann to point me to tho
passage of his printed speeches, where he gives
the oath To the Constitution in the usual sense.
Gerrit Smith may take this position of public
notice; Lysander Spooncr may take it. They
have spoken boldly, long and loud about it. 1
do not discuss, now, whether it be tenable.-
But II Mr.. Mann finds, in defending his oa,h,
that he must needs assume it, l deny that his
past course entities him to any such defence.
His claiming IL sho1s that he cannot 10 his oon
atisfaction defend his oath on the ground which
he tries to silence me with, namely, that tho
oath is special and not general. Was / indeed
so very far wrong in saying that Mr.. Mann
lacked frankness
Mr.. Mann says-'If it be true that promise
is binding in that sense in which the promisor
Knows the promisee understands it, it is just as
true, whatever words may be used, that pro-
mise is no further binding than as the prom
isec knows the promisor understands it,
Very true. thank him for the terseness of
the statement, and think can show him. in
this connection, his mistake about the oath. 1
will talk to him as a lawyer. lie knows that
sealed instrument can only be avoided by .
scaled instrumcnt-onc contract by another OF
equel solcmnity. lie is aware also, of the COM
mon principle, that judge, for instance, may
know fact in his private capacity, which no
is not bound, OF indeed authorized to know, or
take notice of, in his o6ieia! character, till it is
proved to him by competent legal evidence
Now, in the matter of the oath, Mr. Mann is
the promisor, and the nation is promisee. Mr..
Mann knows, by official acts-the Constitution
and Supreme Court-acts he is legally bound 10
kno'0 and notice, how the nation understands
his OATH Can he show that the nation knows.
by any official acts of his-actS of uhich the ma
tion is legally bound to take notice-in what new
or particular sense he accepts the oath? When
he can, will allow that he is justified in taking
an oath to the Constitution, meaning to obey
only part Of it.
An oath to the Constitution is a promise to
the nation. 1t is made, not TO Howell Cobb or
Linn Boyd, but to me and to you-to Benton
in st. Louis-to the merchant on the New
Orleans levee-to the squatter in Wisconsin
to the planter on the banks of the Roanoke and
the Altamaha. 1t was agreed on in 1851
Then Massachusetts, and Carolina came to-
gether They agreed to entrust their common
interests, peace and war, commerce and manu-
iactures, to joint representatives. On what
conditions shall we do this said they to each
other. On condition, said Carolina, TO Massa-
chusetts, that you send no man into the gene
raj council, who does not first agree to be bound
and limited by this Constitution, the whole Of
it, 1t was SO settled, and they parted, one to
her rice swamps, and tho other to her fisher
les each at liberty to devote herself wholly to
her own business, and not obliged to watch