Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-02-12
The Test Oath and the Reoonstruo-
ton of the Federal Union.
D.,sssr,a {. q. r.ses sgs. Sso,. Jaw. %. lse..

Mr. President, BY the Constitution OF the
United States IL j. required that Senator'S and
Representative shall be bound by oath or firm
alton TO " support. and 10 other Oath or afhrm-
alton sas taken by any Senator or Represent
tive until the present Congress. nor was u sought
20 impose anv other oath until by the act Of 81
July. l-62 L was required that tie party assum
ing any Office Of the United States shall fret by
solemn oath declare not only his fidelity 10 the
Consultation Ia the future. but that la the past be
has not voluntarily borne arms against the
United States. nor given aid, cognteuance, coun
sci. or encouragement 10 persons IA armed hos
tilsty theretD; aud neither sought nor accepted
nor attempted exercise the functions OF any
Office ander auy authority or pretended authority
Ia hostility TO the United States. nor yielded
voluntary support 20 any pretended government,
authority, power. constitution within the /
United States hostile or inmchl thereto. When 4
i took nv seat Ia this Chamber Senator 4
from the State of Indiana. although did not !
believe il could rightfaly be required yet lest +
my course might De misunderstood by some and /
misconstruej 6y others. and there nothing !
in the oath 20 which could not without sny 4
reservation bind myself. | dill not contest the I
question. bat voluntarily. upon what esteemed +
a proper explanation. complied with The require /
meDts Of the But. sir. when Il u nOw sought /
BY rule Of the Senate. proposed bv the Senator +
from Massachusetts,. alr. sumner. % require
ussnd in this body. will not give the prop I
osition my vote or support Whoever cunes
here, being duly elected. and having the qualih-
cations prescribed bv the Constitution. has right
to biz seat and his State may well demand il for
bsm Tbe right of his State 90 be represented ,
BY him il conferred by the Constitution. ana can
not be deBiel or impaired Nv any rule Of this
boJs oF LAY any act OF Congress. | will not stop
90 inquire whether the language of the act con
sidered in the Ugh, OF established rules OF
.tructioa aud of n,ijsdged csses. incln,les Sena-
tors aud Representatives; bur will nlhlntsin that
IT. constree.I To include them il j. - FAR IN
hict with the Constitution and null andi void
Nor will stop % question that terms may be
added % the oath OF obesii. nee To the COnsttn-
ton required Of all officers. but such additional
terms cannot add % or take from the quafca-
tons preScribei bv the Constitution The Con-
stitGti"n prov isles that no person shall be Sen
ator who shall not have attained the age of thirty
wears and been nine years a citizen O. the United
States and who shlli not, when elected be an
inhabitant of that State Tor which he shall l..
chosen A person not thirty years of age or
who has not been nine yesrs a citizen. or who u
not an ifhabitint of the State for which he IS
chosen. Is not qualified 10 be Senator. but all
other persons qnalIhe'i. and there - no power
in the Government to dISqualify render them
Ineligible. Bs declaring these three circum-tan-
ces OF disqualification, touching the age, citizen
ship. and residence Of the party the Constitution
excludes every other disqualification The rule
OF construction "a well stated by Story in his
work the Constitution. He says
''IISould seem but fair reasoning. upon tue
piainest principles Of INTERPRETATION. that when
the Constitution established certain qnalifca-
tons a. necessary ior office. il meant 10 exclude
ali others prerequisites From he very nature
OF such provision the affirmation OF these quail
iheations would seem 10 imply negative OF all
Others"
"A power TO add new qualifications il certainly
equivalent To = power to them "
The Senator from Illinois MIR. Trumbulll Cit
ed the oath required of United State, jndges by
The judiciary act OF 1853. and claimed it
conclusive precedent Hsd authority upon the
question With great Difference to that gentle
man. both because OF has conceded ability a.
iuris aud because OF his position IN this body ut
the heal of the Judiciary Committee. cannot
admit that he has found either precedent or an
authority toe the measure he now advocates IL
II true that the Constitution requires the judges
10 take an oath of obedience 70 IL; and IL Is also
true that the act OF l7S9 adds To that oath
but has IL escaped the attention of the Senator
that the oath of office required OF the Judges Is
in no respecs retroactive. tut is altogether pros
pective aud looks only Co faithful discharge of
the duties OF their high ohcef By the terms OF
that oath. no qualifications super sdied the
qualifications prescribed By the Constitution, and
no persons by il excluded from the bench
VINO ellgiDle unuef tie CONSTITUTION Nheh
a Judge of the United States courts swears that
he will obey the Constitution and will admins
ter Justice without resrect to persons, and 10
equal ight to the moor and the rich and implr-
TALLY disch rye and perform ali the duties IN
cumDent upon him, he gives solemn assurance
OF official fidelity n the future. but he looks not
over his past lite: nor is he required to torswetr
either follIes faults. or crimes. tie i not denied
the Office because he cannot swer tfat ne u
uifftsluE fault re-ueet the law the COnStifu-
ton. Or il nav be- his allegiance.
But sir the measure before the Senste Is
almost if not altogether otherwise ], Is not
pr0spectivx. nor does u seek 10 secure hteIty IN
ofiice but for the most part IS retrospective, and
seessto exclude trom seats IN tbs Chamber er
sons who are not excluded by the Constitution.
ana to establish qualifications unknown to that
instrument
IL cannot be said that the proposed rule
oures an oath but does not prescribe quilihca-
ton tor ii the o.nh be required eutire class -
excluded; "a etfectually excluded as II the cause
were interpolatesi among the disqualhc itons
prescribed in the Constitution. Gould this body
by a rule. or Congress by law. require Senators
before taking their seats take au oath that they
are over forty years OF axe. or that they have
have been twenty years citizens oil the
United Statesl All will agree that IL could not
be done Aud why not. srf Fer the obvious
reason that it would be going beyond the con-
exclude classes not excluded by that instrument.
The measure before the Senate i proposed oy
the Senator from Massachusetts,. Mr. Sumner )
WilIthat Senator allow me To remind him that
when he took has seat in this body. twelve wears
ago. Sen4tors ol his political views were IN a
small miuority: that both branches % Congress
we're controlled by men vino. standing upon the
adudicatiog,s Of every department OF tue govern
nent believed that the Constitution not only
allowed. but required legislation on the part OF
Congress securing the return OF fugitive slaves
and that good faith. sell the htrmony Of
the sections and the unity OF the republic, re-
-quired that theeisws enacted for that purpose
should be faithfully executed A. undeF> land
that Senator came With avowed convictions al
verse 10 the constitutional power 81 Congress To
enact laws upon that subject and dlsclaiming all
obligation the part Of the citizen All ia their
Enforcement Now. sir. had Congress by Caw
or the Senate by rule. required THAI senator
before taking his seat. by so.enn oath affrms-
ton 90 declare that m the past ne had given no
countensuee. counsel or encouragement 10 GER
Sons engaged IN resisting she execution ri the
fugitive slave LAWS. ani that N future be would
he ioyai TO their requirements ami obligations
what course could the honorable Senat,r then
have felt IL his duty to pursue! Ii animated by
the lofty sentiments of the great men his State
had produced. he would have returned to her.
and At her feet laid down the commission she had