A Proper Oath

Do Office holders take a proper Oath?   No they do not!  Oaths must consist of BOTH invocation & imprecation, but no current officer holder takes an oath like that.  Definitions are vitally important.  

OFFICIAL ACT -- An act done by an officer in his official capacity, under color and by virtue  of his office.  An act not be a lawful act that it may be an official one.  If this were not so, the sureties on his official bond would never be responsible. 

color of office  -- an expression of acts performed by an officer which are entirely outside of or beyond the authority conferred by the office.

virtute officii -- Characterizing acts of an officer which are within the authority of the officer when properly performed, but which are improperly performed.

OATH. A declaration made according to law, before a competent tribunal or officer, to tell the truth; or it is the act of one who, when lawfully required to tell the truth, takes God to witness that what he says is true. It is a religious act by which the party invokes God not only to witness the truth and sincerity of his promise, but also to avenge his imposture or violated faith, or in other words to punish his perjury if he shall be guilty of it. l0 Toull. n. 343 a 348; Puff. book, 4, c. 2, s. 4; Grot. book 2, c. 13, s. 1; Ruth Inst. book 1, ch. 14, s. 1; 1 Stark. Ev. 80; Merl. Repert. Convention; Dalloz, Dict. Serment: Dur. n. 592, 593; 3 Bouv. Inst. n. 3180.

2. It is proper to distinguish two things in oaths; 1. The invocation by which the God of truth, who knows all things, is taken to witness. 2. The imprecation by which he is asked as a just and all-powerful being, to punish perjury.






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