Daily national Republican., 1865-11-01
THE POWERS OF CONGRESS.

The National MteHigcncer, with other
papers of like ilk, has been laboring for some
time, to show, by specious logic, that who
ever may be elected to Congress, cannot be
prohibited from holding bis seat as n mem
Der by any law or action of Congress, if he is
within the technical qualifications required
by Sec. 2, Art. l of the Constitution, which
reads as folows-"No person shall be rep
resentative who shall not have attained to
the age of twenty-five years, and been seven
years a citizen of the United States, and who
shall not when elected, be an inhabtant of
that State in which he shall be chosen" The
argument Of the hteiIgeNcer is an effort to
show that if person has the three qualifca-
tions prescribed by this section, that Con-
gress is prohibited from requiring any other
personal qualification. Therefore, 1.-THE act
to prescribe an oath of Office and for other
purposes, approved July I'd, 1862, which
requires that officers under the Government
shall take an oath that they have never aided
or abetted rebellion, is not cOnstitutionally
applicable to members of Congress.
The first proposition in the InteHigencey's
argument IL, that the words "civil office, -
as used by the act referred to, do not apply
to members of Congress. In our effort to
refute this proposition we will not go beyond
the Constitution, for which the InteiligeWcsr
claims the highest respect, and will therefore
ask, what is the penalty allowed by the Con-
stitution to impeachment On reference to
Article |, section g. we find that part of the
penalty is disqualification to hold any o6Ie
of honor, trust, or profit under the UniteC
States.' Now, we will ask, what are office
of honor under the United States, if tn
elective offices are not? Persons may be up
pointed by the President and heads Of De
partments to Offices Of trust and profit; bu
the offices Of honor are evidently the office
filled by elections. 1t will be admitted tha
the penalty provided by the Constitution t.
impeachment was not intended to be farcical
by allowing an impeached person to becom
a member Of Congress, and in the Senat
hold a place of honor second only to tn
presidential chair.
But, again, in that clause of the Constitu
tiOn prohibiting religious tests, the languag
is Senators and Representatives before men
toned, and the members of the several Stat
legislatures, and all executive and judicia
officers, both of the United States and of th
several States, shall be bound by oath, or af
frmation to support this Constitution; bu
no religious test shall ever be required as
qualification to any QBIee, or public trust un
der the United States Now, if the, IRteH
gencer's definition of the word Office, as use
in the Constitution and the act referred to
correct, then, by fair implication, the Cor
stitutiOn allows religious test to be apple
to members of Congress, for memJeyS Of Co,
gresS are not excepted from such test, unle
the word "ofice," as used in the Constitu
tion, excludes them.
But we turn to the main proposition Of Ii
MteLhgemeer. 1t is seen that by this artie
o, Of the Constitution, other personal quail
fcations are required of members of ConRre,
besides those enumerated in article |, sectio
2; for here is special requisi'ion that mem
bers of Congress shall be bound, by oath O
affirmation, to support this Constitution.
The language is very strong. An oath is re
auired Who shall prescribe this oath Tn
Constitution does not leave us to conjecture
BY article l, section 8, we learn that g." Con
gross shall have power to make all law
which shall be necessary and proper for cal
/. rying into execution the foregoing powers
nd all other powers vested by this COustitu