Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-10-03
The DUTY of Voters.

Tne DUTY OF t0CerS.
In our issue of September the 9th, we
showed that the Constitution imposed no
other restrictions upon eligibility to the House
of Representatives in Congress than that the
Representative should be 25 years of age,
seven years citizen of the United States,
and, when elected, an inhabitaut of the State
in which he shall be chosen. These are the
only Constitutional restrictions, and any 9th,
crs which have been imposed by Congress
are palpably unconstitutional. The only oath
which the Constitution requires members of
Congress to tako is, that they shall support
the Constitution Of the United States, and the
imposition of any other is without Constitu-
tional authority There is no Constitutional
authority for requiring persons elected to
Congress o take the test oath imposed by
Congress in July 1862.
No one can vote noao who has not taken a
solemn oath to 'Jaihtully support, protect,
and defend the Constitution Of the United
States and, consequently, it is the sworn
duty of every voter to the Government to-
vote for those Only who Will Support, protect,
and defend the Constitution of the United
States and it is their duty to themselves to
: support those only who will defend all the
rights guaranteed to them by the Constitu-
ton.
The course of the Press of this State in
urging the withdrawal of all candidates for
Congress who cannot take the unconstitu-
tional Congressional test oath, is wrong both
10 principle and policy. 1t wrong in prin
ciple, because it Acknowledges the right of
Congress to impose restrictions upon eligibil-
ity which are without Constitutional author
ity; and wrong in policy, because if We do
not assert and claim our rights they will new
er be granted to US.
We maintain that, under the obligations of
the solemn oaths whiah Ill voters have taken
to faithfully support, protect, and defend
the Constitution of the United States" it is
their duty to support those only who will not
submit to unconstitutional requirements. The
people can effectually Support, protect, and
defend the Constitution" only by clccting
Representatives who will oppose all unconsti-
tutional legislation.
II we acknowledge the right of Congress
to prescribe qualifications Of eligibility, Con-
gress can prescribe any it may choose. It
may prescribe that the Representative shall
ola11 h. g.
high, that he shall weigh 200 lbs, that he
shall have red hair, or any other qualifca-
ton equally absurd It is monstro1s prop
osition, and otis strange, passing strange"
that any sensible man should believe that it
was designed by the wise authors of the Con-
stitution to invest Congress with such right.
We should elect men who deny this right,
and who would refuse to take an unconstitu-
tional cath, or to submit to any other uncon-
stitutional requirement. Those, even, who
could take the Congressional test oath with
out any violation of conscience, should refuse.
to do so, upon the ground that it is an unau-
thorized and unconstitutional requirement,
and that it is their duty, under their sworn
obligations to faithfully support, protect,
and defend the Constitution of the United
States" to refuse to do any act which would
recognize, in the slightest degree, the right
of Congress to impose such test Every
friend of the Constitution who may be cleo
ted Representative, whether from the North
OF South, should peremptorily and persistent
lyrefuse to submit to such requirement
They should take their stands boldly upon
the firm and solid bssis of the Constitution,
and each be willing, like Fitz-James, to ex-
claim:
s.Come one, come all this rock shall fly
From it's firm base soon as l."
Suppose the citizens Of this State should
elect only such men as would take the oath,
and that they should move in Congress the
repeal of the Congressional test oath, would
snot the members from the North say that the
people of this State showed their approval Of
the test oath By electing only such as would
agree to take it' They would say that such
was the sentiment of Virginia, that all can
.didates who could not take the oath were
either compelled to withdraw from The can