The mountain Democrat., 1864-03-12
The Test Oath In the Senate.

ThlS prominent subject OF senatorial de.
bate will continue TO occupy more or less
Of public attention until it is disposed Of
Nobody suppoSes that Senator BaYard 'S
! refusal 10 take the extra. constitutional
oath proceeds from inability to swear
with truth to all il requires He has never
been in arms against the government !; he
has never given aid to the rebellion he
has never sought or held office under the
c0nfederacy; he has never yielded volun.
tary obedience to e government of JEFF.
Davis. Why then does he refuse the Oalhy
Why not swear to the simple truth, and
let the question slerpI For no other
reason in the world than because such an
oath is not authorized by the Constitution
and opens the door to grave abuses.
The Constitution defines the ouaIifca.
tons Of a senator. lie must be thirty
years Of age; he must have been nine
years citizen he must be an inhabitanl
nfthr State lOr which he is chosen; be must
swear to support the Constitution. The
qualifications for this trust being fixed by
the Constitution, Congress has no power
to ill., r as. dimi .iSh, or in any way alter
them. Once cuncrtle the power to require
more than the Constitution II QuireS, and
a party in power may Use its discretion t.
impose qualifications for the purpose ol
excluding its political opponents, and the
Senate would be converted into a cloSc
corporation, virtually appointing its oW n
members. IL Mr.. Bayard has done any
of the things which the Republican Sen
atOrs wish him tO swear he has not done,
he is liable to expulsion. and the Senate
ought to eXpel him. But as nobody sus
poets, or prrtendS to suspect, that he
c"u not take the oath with a clear con
scirnce-s0 far as mere truthiuncsS is
concerned it must be some motive ve,v
different from the honor of their boi Y
which induceS the abolition senator's l.,
insist GA the oath. II it is the fut,r.
which they are locking out for, do they
not kno" that livery future Senate viii
ro>>'sS, III the power Ui expulsion, the
same means at viu1icnlihg its purity aud
,a'ty 'ha, Is possessed by the present.
! Besides b'ing unconstitutional aud q
dang r"uS precedent. This oath may prove
practical Y mi>chicyUus. Suppose Mr.
Gannt, of Arkansas, who has been rcbc
4 hri-adicr &c eial, hut is nuN zea!0u>lv V
trying to bring back his State into IN,
! nioh. Should succeed in tnAt =, hiIri.i
AMI l'airl tic attempt, aYd he elected A.
che OF it> Senators la Congress, could ht
/ take tins oath! The oath To support the
I Constitution hc could certainly take, bu'
: not this new ole, "ith"ut prirIy. lie
has brcn in arms against the Union; IL,
= mas aided the To- ,Inn he has held otir,
under it; hr'haS render, voluntary ODE
/ di'hcc To the pretended government "t
j. 4. Davis. How. then, could he swear
that hc has not? But ifrepcntant rchvl-
OF character anI IHhhcnre are To he re.
! PEELED, how il the Cnlnn ever IL Le rc
} >t"rrdg VII" wnul not reio,ce to sc
Alexander II. Steph us leading q nrsii
/ back under the old flag: But if sh,
>noutd afterwards s'nl h'm to rrpr,s sent
. her in IL" Sc'atc, oughi hr to he >pnrncd
away hcCau>e he Gould not swear tn {:
H.! The senate is the guardian Of il,
own honor; it must insist on the qu1liti
cations rcqIirr'i hv ttc Crn>,i;ution hu
it mrInhcrs are suspected uf dislNvalitN
"r other crime, each case mast nc deal
with by itself, ON It's oNn particular cvi
/ deuce and lis separate m"Ii'S. A oatl
to support the Constitution is sufficient
"vri' nee "i loyalty, iftakcn in good faith
but a man who would not stick at priiui\
in this oath wnuid not stick at p,iiury u
nuy oath. The pr,tridcd design of tn,
rev oath Is to keep out traitors. But il
the treason carrot be pro. cd, the con
science uf the Sw carer j. the only gualan
tc,; but What ,e!innre could he placed oi
a conscience that woul permit it>rlf t.
swear falsely i'll all But II the treas"
can he proved, the proofs are Sutticlrn
ground al action. and expulsion a sufii
cirLt remedy. N. \. World.