1. An oath is an appeal to God, by him who makes it, that what he has said, or what he shall say, is the truth. It is the most solemn form under which one can assert or pronounce anything. To utter a falsehood while under oath is perjury, a crime of the darkest hue. One which God has declared he will punish, and one which is made infamous, and punishable by fine and imprisonment by the laws of the land. 2. The Constitution (Art. 6, Sec. 3) requires that Senators and Representatives, and members of the several State Legislatures, and all executive and judicial 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 enacted by Congress, we find that not only official oaths are required; but in a great variety of other cases, men who transact 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 vessels. Many oaths must be put in the form of affidavits; 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 naval 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, countenance, counsel or encouragement to persons engaged in armed hostility 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 evasion, 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, a............