Weekly national intelligencer., 1864-03-24
A DEFECTIVE TEST OATH.

was introduced into the Senate on the 18th ultimo
by Mr.. HARLAN, of Iowa, and reported on the 9Th
instant from the Committee on the District of
Columbia by Mr.. DIXON, of Connecticut, without
amendment, proposing to make certain alterations
in the "act to continue, alter, and amend the
charter of the city Of Washington" approved
May IT, l84S, and further proposing "to pre-
serve the purity of elections and guard against the
abuse of the elective franchise by registration OF
electors for the city of Washington in the District
of Columbia"
The pending act provides that every male citi-
zen Of the United States who shall have attained
the age of twenty-one years, and who shall have
resided in this city one year Immediately preced-
ing the day Of election, and who may not be
otherwise disqualified, shall be entitled to vote for
mayor, collector register, members Of the board Of
aldermen and board of common council, and asses
sor, and for every officer authorized to be elected
at any election, under any act or acts to which
this is amendatory or supplementary, provided
they shall take and subscribe the following cath,
to wit: a
"I do soemuly swear Cor affirm that have never
voluntarily borne against the United States since
have been citizen thereof; that have voluntarily given
aid cOuntenance counsel to persons
engaged in armed hostility tbereto that have neither
sought accepted attempted to exercise the funo-
tiOns of any Office whatever under any authority pre-
tended authority in hostility TO the Uoited States that
have not yielded given voluntarily any support or ap
prova any pretended government authority power or
constitution within tho United States hostile nimIcal
thereto by action, words letters conversation or
Otherwise encouraged aided any other person per
to do and do further 10 the best OF my
knowledge and ability. will support aud defend the Con,
sttution and Government of the United States, and all
laws and proclamaons made in pursuance and by the
authority thereof against all enemies, foreign domestic;
that will bear faith and allegiance to the that
take this obligation freely without any mental reserva
ton or purpose of evasion SO help me God"
It will be seen that this test oath, prescribed
ss condition of suffrage in this city, is modelled
after. that prescribed in the act of Congress ap-
proved July 2, 1862, to be taken and sworn ss
conditit of holding any Office Of honor or profit
under the Government of the United States, either
in the civil, military, naval departments Of the
public Service" except that it differs from the latter
oath by containing certain interpretations. The pre-
else terms of the latter are as follows
"I, B. do solemnIy swear Cor afirm) that have
voluntarily borne against the United States
since been citizen thereof that have uuta-
ry given aid countenance counsel encouragement
persons engaged armed hostility thereto that have
neither sought accepted attempted exercise the
functions OF any Office whatever under any authority
pretended authority hostility to the United States that
have not yielded voluntary support to any pretended
government authority power or constitution within the
United States hostile inimcal thereto And do fur.
ther that to the best OF my knowledge and ability
will support and defend the Constitution 0f the United
States against all enemies foreign and domestic; that
will bear true faith and allegiance to the same that
take this obligation freely without any mental reservation
or purpose OF evasion and that will well and faithfully
discharge the duties of the Office which about to
enter. SO help me God"
Omitting all reference to other interpretations
proposed to be introduced into the aboverecited
oath as condition Of exercising the elective fran
cbise in Washington, we propose merely to signal
se that which requires the voter to swear that he
will, "to the best of his knowledge aud ability,
support and defend the Constitution and Govern
ment of the United States, and all laws and pro-
clamations made an pursuance and By the autho-
rity thessof against all enemies, foreign and do
mestic" fEt
It will be seen that this oath, by reason Of the
ambiguity Of its terms, can be taken with good
conscience equally by one who approves and who
disapproves of certain proclamations of the Pres-
dent, provided he who dsapprovcs of said procla-
nations does SO the ground that they are not
made in pursuance of the Constitution AS test
oath, therefore, designed to exclude from tho right
of suffrage in this city all that class of persons who
oouscentiously believe that the proclamation of
emancipati,n" is issued without constitutional au-
thority, the aboverecited formula is not sufficient
iy explicit or stringent to accomplish what may
presume to have been the object of its author in
fran ng it and Of the committee in reporting it
without amendment The words "made in pur-
suance and by the authority thereof should be
stricken out or exchanged for other terms more
D, ecise and exclusive of ambiguity As it is, the
test oath may serve simply as snare by which to
entrap weak conscicnces into a renuncation of the
right Of suffrage where the committee do not in
tend it, or where, if they do intend it, they have
bought "by indirection to fud direction out" Ii
would be better to make their mtaning and pur-
pose unequivocal.
We regret, moreover, that the author Of the bill,
ID drawing the formula Of an oath pledging all who
rould vote in this city to swear that they will
support and defend" not only the Constitution
md Government Of the United States, but also
oil laos and proclamotions made in pursuance
r - Al