The Howard union. (Glasgow, Mo.) 1865-1866, 1865-10-19


ELMrRA, N. Y, August 28, 1865.
Honorable and Dear SIR:
this day mail 10 the Secretary Of State
my oath OF loyalty as Curator Of the State
University, to be placed on file, as re-
quired by the New Constitution. have
been absent from Missouri since July 10Th,
and shall probably he detained here by
important matters until about the middle Of
September.
Fbel have seen very little Of the discussions
| Sf at the enfofCG-.ef. Of tac New COnSti-
tuition, but have given good deal Of thought
TO the subject, and think may take the
| liberty Of expressing 10 your excelency
some Of my views. Your purpose faithfully
10 put in force q Constitution adopted by
the people, notwithstanding your personal
disapproba,ion Of some of its provisions,
must be approved by all candid men who
can appreciate your obligations as magis-
trate. 1t seems to me, however, that
practical question may arise in regard to
your obligation Immediately and sternly to
put in force certain provisions which were
inserted by the Convention while the re-
bellion was still rampant, which the collapse
Of the rebellion has made unnecessary, and
which it is probable that majority Of the
people, at the time Of their voting upon the
Constitution, would have rejected if they
had an opportunity to vote upon them as
separate propositions. refer particularly
10 the provisions requiring ministers of the
Gospel, as such, to take and file the "oath
of loyalty" The opinion that this is an
unwarrantable enroachment of the civil
power upon the church, real infringement
| = L., r1.l
TO those who sympathize with disloyalty.
1t is decidedly my own opinion. | claim no
exemption from responsibility TO the State
for all my actions on account of ministerial
character. If do any disloyal act or say
any dlsloyal word, IN pulpit or elsewhere,
arrest me as promptly and punish me as
severely as any other culprit. Take me
t even from "the horns Of the altar" But l
do not admit the right Of any State 70 impose
upon me any oath, or anything else whatso-
ever a. qualification ior an Office which
= the State does not confer, and has TO right
e to control. This, say, although the oath
, is one which can take and have taken as
a qualification for the exercise Of the right
of suffrage and for the civil Office which l
hold, acknowledging the right of the State
> 10 regulate those civil relations If take
5 it as minister, shall be obliged 10 do so
g with public protest against it as wrongful
eXaction cf civil power to which l have
been entirely faithful and dutiful-which it
Il is my pleasure TO serve and defend against
o all forms OF disloyalIy, but which it is pe-
ouiarly painful 10 me 10 find violating my
sacredist liberty. In regard 10 those minis
ters who cannot truly take the cath, who have
by word or deed manifested sympathy with
I the rebellion, | have this TO say: Ii they
e have not been found so dangerous during
4 the prevalence of rebellion in the State as
10 require their expulsion or arrest by the
=" military power, now that the danger is past
u aud the power Of the rebellion no longer
: exists, cannot make it seem manly TO
:. drive them away from the State or from
: their profession. If being unable 10 take
the oath, they leave their profession and go
: into any secular business, cannot see that
't their influence will be less dangerous TO the
i. State than if left in their present position,
q and If they continue 10 preach and are ar
rested and imprisoned, the State will,
think, appear TO be punishing them not for
e their disloyalty, but for preaching the gos-
S pei. Is it neoessary-is it welI-to put
n our State Government in this attitude? |
y feel very confident that if our Convention
. had been sitting after the surrender of Lee
; and Johnson, it would not have inserted
n such provision. | an sure that many
i who voted FOR the Constitution as a whole,
i exceedingly regretted that this provision is
in it. am very confident that an amend
ment striking ont +his provision, if now
Il submitted to the people, would be adopted
e BY large majority. l earnestly hope that
2, your cXceilenoy will be convinced that the
,. real will Of the people is that you should
-, exercise cemency in exempting from the
~ penalties of this constitutional requirement
'e all men whose behavior since the suppress
II sion of the rebellion is uneXceptionable, or
Of at least in staying the execution of such
penalties until the will of the people can be
ascertained, BY The submission TO their votes
y Of an amendment 70 .he Constitution by
e their Legislature.
l. Most respectfully and Loyalty,
a HENRY A. NELSON.
= To lis Excallenoy, ThOa. c. Fletcher, Gov
:, ernor.