The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-11-08
HON. a. II ~. STUART, OF vIH
GINA AMI THE TEST OATH

Hon. A. II. II. stuart. elected to Congress at
the recent election in Virginia. hss written a
lengthy letter to the New York Times on the
test oath prescribed by so act Of Congress for the
qualification of members of that body. Accord
ing to biz construction, he cannot take the oath,
and if HE premises are correct be is not eligible
TO seat. After quoting the oath be says
you will perceive that the language of this
oath il exceedingly broad. IL Is limited, az your
editorial article would imply, to those who par
ticipated in the rebellion, but the penalty oil dis
franchisement from every Federal ONCE. iegisia-
tive executive and judicial, is denounced against
all who will not swear that they have given no
aid countenance, counselor encouragement to
aersons engaged 10 ARR Ell hostility thereto.
ITO have Just comprehension of the full ex-
tent and effect of this oath, II must be remem
bered that during the war every aDle-
bodied man bstTeeo the ages OF sew
enteen and fifty was, by the conscrp-
ton act declared TO be in the army OF the
| Confederate States: and even those who were
disqualified for active service by bodily lnnrmltY
were not exempted, but assigned to light duty.
Thus he whole BODY OF the population within
the prescribed ages were engaged 10 armed nos
| tilitv 10 the United States, and consequently,
|
who gave aid, countensnce or encouragement
IN any person in the Confederate States between
the aces OF seventeen and fifty has incurred the
penalty of Acknowledgement.
| "ITnder the couscription law, my Oldest SOD,
FIVE of ms nephews, three brothers in-aw' ana
probably thirty other relatives, and among them
number of the most promising young men IN
the South, were required ID 60 into the army
and we're thus in armed hostility to the United
States
MANY Of these young men were cut oil from
| all communication with their homes number
| Of them wounded IN the various battles IN the
VALLEY Of Virginia-some oil them were SICK
from time to time Many of them came to my
house weary, hungry, and at times destitute oil
clothing and other necessaries / sheltered, fed
clothed and admins cred TO them and their sew
eral necessities, and now, it seems, that in con-
seouepce of having fulhled this Christian duty
| and Welded obedience 10 the natural instincts OF
humanity. | am admonshed by you that | am
Ineligible TO a seat 10 he Congress OF the re
stored Union
81 sacknow ledge th.t the words OF the test
| oarh are broad enough TO exclude me. have
no disposition to bubble about It's terms, or 10
evade its provisions | ADMIT that no man can
take the oath, according TO my understanding oil
| il. who sheltered or fed, or clothed COniede-
rate soldier-no father who gave an outht, or a
horse. or gun to his sOn when called into the
seryice--no contractor who furnished to the Con
federate States Government anything necessary
to carry on the war-no person who hlled any
| civil Office under the Confederate States Govern
ment, or who in any way gave aid, countenance
or encouragement to persons engaged III armed
hostility to the United States.
eff this be the correct construction OF the oath,
| there are few in Virginia who are qualified---l
will not say to represent her people-but to fill
her places in Congress or any other position
under the Government