Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-10-24

After the surrender of Lee, was amons
the first to take measures for the restoration
of our relations to the Union, and all my eff
forts since have been directed to that end.
Several of my northern friends, knowing
my earnest opposition to secession, have ex-
pressed the opinion that could conscientious
y take the required oath. And if it were
such as you represent it, there would be nc
difficulty in my way, arising out Of the form
of the oath. But it would seem from the
editorial article in the Times that you have
misconceived its scope and effect | beg
your attention to the following clauses of the
oath.
81 do solemnly swear, that have never, vol
unfairly, borne arms against the United States
since have been citizen thereof; that hare,
potantartly given no aid, countsnance, counsel or
encouragement to persons engaged in armed hostility
thereto; that have neither sought nor accepted,
nor attempted to exercise the functions of any Of
flee whatever, under any authority or pretend
ed authority, in hostility to the United States
that have not yielded voluntary support to
any pretended government, authority, power or
constitution within the United States, hostile or
inimcal thereto, sc.
You will perceive that the language Of this
oath is exceedingly broad 1t is not limited,
as your editorial article would imply, to those
"aclo participated iiss the rebeNlon," but the
penalty of disfranchisement and exclusion
from every federal Office, Legislative, Exeeu
tive and ssJudicials is Denounced against all
who will not swear that they have '.gsrcn nc
ali, eountenance, counsel or encouragement
topersoas engaged IN armed hostility thereto. =
/ q : %. -
To have ajust comprehension of the full
extent and effect of this oath, it must be re-
.inpnbered, that during the war, every. able
bodied male, between the ages of | z and SO
was, by the conscription act, declared to be
in the army of the Confederate States, and
even those who were disqualified for active
service by bodily infrmity, were not exempt,
ed, but were assigned to light duty. Thus
the whole body ofiha population, within the
prescribed ages, were 'engaged in armed hos
tility tothe United States, and, consequently,
according to the terms of the oath, every one
who gave .said, countenance, counsel or en-
eouragement' to any person in the Confed-
crate States between the ages of II and so,
has incurred the penalty Observation-Disclosures
Under the transcription law, my eldestsoD,
five of my nephews, three brothers -in-law,
and probably thirty other relatives, and
among them number of the most promising
young men in the South, were required to go
into the army, and were thus sin armed hos
tilityFto the United States" M
Many Of these young men were cut off
from all communication with their homes-a
number of them were wounded in the various
battles in the Valley of Va.-some of them
were sick, from time to time-many of them
came tony house weary, hungry, and at
times destitute of clothing, and other neces-
saries. | sheltered, fed, clothed, and minis
tered to them, and to their companions, ac-
cording to their several necessities, and now,
it seems, that in consequence of having full
filed this christian duty, and yielded obo-
dience to the natural instincts Of humanity,
am admonished by you, that lam ineligible
to seat in the Congress Of the restored
Union!
1 acknowledge that the words of the test
oath are broad enough to exclude NE.
have no disposition to quibble about its
terms, or to evade its provisions. admit
that no man can take that oath, according to
my understanding oft, who sheltered, or fed !,
or clothed, Confederate soldier-no father
who gave an outfit, ora horse, or gun, to
his son when called into the service-no con-
tractor who furnishedsto the G.S. Govern.
ment, any thing necessary to carry on the
war-nos person who filed any civil Office un-
der the G. S. Government, or, who in. any way
gave "aid countenance or encouragement to
persons engaged in armed hostility to the
IS. ST. a.; @ sss
IF this bo the correct construction of the
oath, there are few ia Virginia, who are quail
ifed-I will not say to represent her people
but to fill her places in Congress or any other
position under the government
But let us look at The time and circnm-
stances under which this oath was prescribed
The law bears date July 2nd, 1862. The
war was then fragrant. The issue was re
garded, by many, as doubtful Several bril-
liant successes had recently crowned the arms
of the CoLfederates. Foreign intervention
was regarded as by no means improbable e.
Strong evidences of dissatisfaction with the
war had exhibited themselves in the North
and West. Popular elections indicated an
nnfriendly spirit towards the administration,
and it was supposed that many Northern peo-
pie sym pathized with the Southern cause. It
was under circumstances like these, that the
test oath was prescribed. 1t must have been
Hintended cooperate only on northern men.
It could not have been aimed at people from
the South, because they were then claiming
TO belong to different government. 1t was
not step in a hue Of policy of re-construc-
ton; for the earnest prosecution of the war
at that time occupied a much larger share, Of
the thoughts of northern men than recon-
struction. The oath was a war measure, in
tended to keep out disafected persons. during
the war, not to establish a basis of re-con-
struction, after the war 1t is only on this
assumption, that it can be excused, much
less justified. Like the suspension of hdbeas
corpus, Illegal arrests, or overthrow of the
freedom of the press, it can only be palliated,
on the plea Of military necessity.
But now, the circumstances are entirely
changed. The war is over. The Southern
States have all given in their adhesion to the
Union. They have accepted the award Of
the stern arbiter to whom they referred the
IN copfrov I'll hoxyo