New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-07-03
Perjury under Durtss, ms Defended In
The New.York World.

To The Editor Of The NJ Y Tribune.
SIR: The HOrids commentary on Gilliess
Aristotle simply stupid and lndicrous; its doc
rine of the oath lately propoundod by its legal and
constitutional editor c. be only fifty characterized
infamous aud atrocious. 1t Is not enough to call II
unchristian. heather would be shocked by IL. II
goes beyond its original author the Senator from Mary
land. He had the grace to be so far ashamed OF 1t as
attempt qualification or TO put mask upon Its In
tolerabIe hideousness He had only in view. he
the political scruple as entertained by loyal who
could take tho oath truly but doubted the power OF
imposing It, He only meant TO teach such persons that
they would violate principle Of conscience. commit
crime. in obeyng the ordinance Of the convention.
The plea was miserable. evasion. for no such loyal
persons sought or needed It, Thousands avaled them
selves OF the sopbistca argument in its only intended
and practical sense. They took the oath
falsely. because they made TO believe that
II was no OATH and that perjury. legal
or moral could not be committed under it. II was
indeed. a political absurdty, that State conven
ton Of the people representing State had power to
keep out aliens. enemies. or those who were worse
than alien enemies notorious traitors from voting
on its fundamental law 1t was siiIl absurd 10
maintain that in voting & constitution intended In
the very OF things only for tho true and loyal
citizens of State the should be mode Of evidence
for deter mining who such. though that mode
were reduced It's simplest and easiest form. solemn
declaration Of loyal citizenship by tho party claiming
the privilege OF a voice.
But waving for the present tho political question
AZ something u sufficient Importance TO be discussed
by ITSELF Let US return TO the moral aspect. No doubt
thousands took the oath who had been dsloyal both
in the act and in the spirit. They did no urdcr the
advice Of Nr. johnson. They qnieied their con-
sciences 10 the belief that nothing they could say
under such circumstances however false II
might be- could be legal moral perjury. be-
cause the oath duress aud nulliiy
and these notorious traitors many Of whom bad been
in the Rebel service could only Ia this way avoid the
disagreeabe necessity " Of originating civil war; 1hes
did so because so they had been told y respectable
authority 1t was Of com ulsion in which they
ac,ed as automatic ard not moral agents. and so
the question whether they really loyal citizens or
not whether they were entitled to share In the
government Of Maryland as loyal State Of the Union
or were truly aliens in act and spirit, had no moral
bearing In the premises This was In fact. the
ING and this the only practical conclusion. though Sen
aor Johuson Is ashamed OF 1t and atempts 70 disguise
H. The World however Is more reckless. or more OBJ
tusey bold I'VE are very sorry" 1t says that Nj.
johnson did not tell the citizens a. OF Maryland
plsrpy and squdreyi An oath which there Is no legal
right exact Is no tie moral or legal, III Is iiko
signature extoTted by duress. Take the oath as you
would give promise to highwayinan. and treat II as
YOU would that promise after you get out OF the high
wsymans hands"
There is morality for you Does II not look bcan.l'
full, especially In o paper that In a original pros
pcctus asked tie public patronage on the ground OF
that high "eysngelicali-In" Of which IT promised 90
large gu ant and In which tie daily press OF the
city was said 10 DO 70 lamonably detective. Even lis
oase of the bighWayman stated In its way. not
as clear as II thinks II 10 be. The puret moral 70
have held PROMISE in such circumstances TO DO
bindiag. although such prospective obligation Is
very different thing IRON the truth or fnlschood OF
solemn statement respecting past act and that TOO
not requie any GROUND Of threatened danger oul
simply as q condition 60 "a benefit 10 be received.
Bat take TIE World. extreme casej such promise
70 tie hghnayman has been held binding by the best
ethical authorities on tie ground that tho interest OF
,rut in The world especially When sanctioned by the
oath where fhore comes in an immniabe third party
higher IL an tic taker aud the mpose) II Of far more
than any private Individual convenience
/ Most convincing examples might DO cited from the
scrinres 70 the same effect OAths taken under actual
durc oaths obainsd by fraud or by surprise are held
bindny and those are aded who under sneh cir
cuosaUces swear to their own burt aud change not.
The great nano Of God is In item. and that Is enough
10 override all allegations Of duress eyon Of the
! uosi,ive hn1-much more when the aosurdly
/ alleged dufees Ia siup.y tue not receiving
bapct 10 which tue oeth and that. too not thing
10 be done but t evidence Of pastor present act
IA moas condition yfcocdent. Even though man may
blnk hin sclf wronsed In moi receiving such bench
without the cah sim It is not easy 10 how that car
excuse him IN Deliberately swearing false TO got H. On
such view every nducoment 10 commit perjury on The
ground Oh any privilege or interest 10 be obtained by IT,
il 80 much Garess rendering the perjury gnitess The
Wow IL proposterosy immoral and absurd. oven sup
ro.iDn isf a man had aaturdi rig 10 vote In shipping
the pol,iiosl Institutions 81 State against whose au
ort, and allegiance be had been deliberately tghtng
ut 10 put II on the ground Of "duress. ~ make snci
a eoultion precedent dnteGded not for aggression oc
so) Justification Of deliberate perjury Is unsuF
nsssod ty any ethical enoraity ever ascribed TO tn
roo.t nnprinoip.ed cosusis Of the jesuit school
/ "T,ke tl,o oath" says The World, '"as you woul'
Give "A ufouise 10 higi wayman pistol In hand; sne
/ then treat Il You wond that hgnwaymHh ai'cr yo'
had got ont Of bis hands" Lot complete tho perai
id The Convention representing tho ioy@ people
Nsryland isfis hghwaymnn. tho Rebel VINO mas oon'
all he could 90 destroy that State In takinsH RON u
sworn potiop Ia the Union no Who has cast on al al
le1ispoe aud ustihed The fonest treason 10 ths inno
cent marty sssaiIed aad put undcr this strange anfes
NJ =, promise Tor future good behavior. Ihs Won
has indeed failed Of late years. In keeping mp 70 i nE
eelioslism,' II 10 rather moro popular j" I'll
co,terlousos and Dead Rabbit dens OF New-fork u"
cooa have been expected from s great reigi' as pro
fesion but such moral obuseness Is almost