Daily national Republican., 1865-11-01
ton in the eOrsrnm,nt Of tn, United stats.

| uOn IN tne uoNornment OF tne Oniteu othtes
or in any department or officer thereof
Congress, then, has the right to prescrib'
this oath, for the Constitution does not do ]
for members Of Congress, but for the PreSi
dent
Observe the language requiring the oath o
members Of Congress. 1t is not they shat
take an oath to support the Constitution
More than that Is required. It must be ai
oath that will bind them to support, &c
Known principles Of law will force the infer
ence from the language used, that the per
sons who are to take this oath shall bo S,
qualified that the oath tciH bind them 4
support the Constitution, for the words ar,
"shdH Be bound by oath or affirmation" " &c
And there Is but one exception that can b
taken to what Congress may prescribe as the
terms Of the OATH and that refers to reli
gious test. Further than this, the prohibi
tion Of a. religious test would seem to imply
that other tests may be prescribed to pre-
serve the purity and loyalty Of Congress.
Now, IL persons elected to Congress mus
be so qualified that they can Be bound by III
or affirmation to support the Constitution,
and Congress is the lawful authority to pre-.
scribe the required oath, which we think we
have shown, then Congress was right in pass.
ing the act Of 1862 increasing the safeguards
Of the Republic.
These are extraordinary times; and Con-
gress, under the conviction that the circum
stances in which our country is placed by the
rebellion and the experience had in oath.ta
king by former rebels, has decided that a
person who had aided or abottod rebellion,
could not Be bound BY an oath to support the
Constitution.
1t was not supposed, probably, that every
person, who had aided or abetted rebellion
was callous to the binding obligation of Al
oath; but experience had shown that th
was general with the classes who had beef
engaged in rebellion, and If there were ex
ceptions, they only proved the rule. But i
is not our province to apologize for the act
Of loyal Congress and President in the eI
ercise of their judgment 1t is evident tina
they thought "treason was a crime, whicl
incapacitated its aiders or abettors for posi-
tions of trust or honor under the Govern
ment.
If, then, the act of 1852 is constitutional
why encourage the rebellious districts I
elect persons to Congress who cannot tax
the prescribed oath, with its penalty for pei
jury? Why incite them to place themselve
in conflict with Congress- It is well know
that there is class of papers and politician
who are willing to bid high for tho politics
support Of the districts that were in rebellio
but it is difficult to understand how the polio
they advise these districts to pursue will re
suit in gain to either party. 1t is far bette
that these districts should understand tn
true situation and conform themselves to II
They are the true friends of the Souther
people and of restoration who advise CON
pliance with the law.
1t is vain to suppose that the loyal peopl
of the country will submit to dictation or as
sumption on the part of those who were latel
in rebellion-nor will they be scarfed by tn
cry of Capitalization raised by tho aiders
abettOrs or apologists of treason. The plail
course indicated by Congress and Presiden
Johnson will soonest result in a perfect re
construction. If these States Yillnot fur
nish dozen men each, who are competent
under the laws of Congress, to represen
them in the National Legislature, the loya
people Of the country will be well satisfied
that they remain long time under provis
ional governments. On the other hand, If
disposition is shown by those lately in rebel
lion, to accept the situation and conform t,
the safeguards establishedby Congress, the!
will have no reason to complain of the actiol
of that body.
1t is disgraceful for any paper, claiming
respectability, to intimate that Congress hai
no power to prohibit known murdcrers and
thieves from taking seats as Congressman, il
they are only elected in due form.
The MteiHgemcer is losing manhood as il
increases its age, if this is a specimen of it,
teachings on subjects of such Importance tc
the country. 1t may call on its druidica
Gods Precedent, and State Rights, but i
will discover, in time, perhaps, that gran
diloquent" yerbiage will not give respecta
bility to pernicious propositions, nor Great
respect for English precedents with the peopl
of the United States.