Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-01-02
From the National Intelligencer
TEST OATH.

Weekly paper only. or st irregular intervals in
either Of the lapersr viii be charged 81 per
square Tor each aro eTe-y insertion.
-----a--s-zza--u-s-
From the National InteIliEencer.
TEST OATH.
Next in Importance TO the question of
lie admission Of Southern members 10
their seats il Congress Is the test oauS
passed July second, eighteen hund' ed
and sixty-rw0. Ii affects every officer of
the Government, from the members of
the Cabinet % the postmaster or post
mistress Of the poorest village or hamlet,
thus pervsding every artery and nerve
OF the body polite. In the present srti-
Gle. however. il is proposed 70 regard it
rs applicable only 70 members of Con-
gress.
Tile following are the provisions Of the
above cited set OF Congress
d" That hereafter every person elected
or appointed TO any Office OF honor or
profit under the Government of the Uni
ted states, either in the civil military
or naval Departments of the public ser
vice except the President OF the United
States. SHALL before entering upon the
duties Of such offices, and before entitled
10 any Of the salary CT other emOluments
thereof take ami subscribe TO the follow
ing oath or affirmation = A. g. 10
,-olemnly swear .or affirm that | have
never voluntarily borne arms against the
United states since I have been a citi-
zen thereof; that i have voluntarily
given no aid OF cOuntenance, council or
encouragement 10 persons engaged IN
armed hostility thereto that / have
neither sought nor accepted nor at
tempted 10 exercise the functions Of any
Office Whatever under any authority or
any pretended authority in hostility TO
the United States that ! have not
welded a voluntary support 10 any pre-
tended rovern1lent, authority, power, or
constitution within the United States
hostile or inimical thereto and do
further swear .Or affirm that, % the
r.est Of my knowledge and ability, viii
sgpport and defend the Constitution Of
the United States against all enemies
foreign or domestic that viii bear true
faith and allegiance a the same Jhat !
-ake this obligation freely, without any
mentui reservation OF purpose Of evasion;
and thar I viii well and faithfully dis
charge the duties OF the Office on which
I am about 70 enter, 80 help me God -
which said oath. 80 taken aud signed,
shall be preserved among the files Of the
court. House OF Congress, or department
fa which said Office may appertain. And
any person who shall falsely take this
said oath shall be guilty Of perjury, and
oll conviction, IN addition O. the penalties I
now prescribed fsr that offence, shall ee
derived of his Office and rendered inca /.
Ole forever after OF holding any Office or 1
lllsce under the United States. "
II is proposed 10 examine whether the 1
foregoing act Is authorized by the Cen I
.tit7Itiou uf the United States; and if it 1
H1-sararr~rfh mil and q
.yoid. and must be- - declared by the I
,.ourrs Of the country, il u can IN any
way he brought before them
The second section OF the INST article
rl~ovides that " No person shall ie rep
Tesen1ative who shall not have attained
=Ita aye Of tweut y-years, and been seven
C-asrs . citizen OF the United States, and
who shall not, when elected, be an in
bsbitaut Of the State in which he snail
b. chosen - ANY person may, there
fore. be elected who possesses ~. rec illred
AGE and citizenship. The qualification
of Senator varies only - 10 age and clti-
ssThs fifth section Of the same article
,,razcrihas tllat each House shall be the
fufin,. Of the elections, returns, and quail
fdcafiun of It's own members Ihis sec-
ZION sras designed, maniiesty, not 10
sy7vs4 F.gwcr to Congress 70 ordain olnhr
Qualifications, but simply TO decide who
-,,.os IsoaUv elected 70 each House, and
- ,lazide between contestants Tor TIE
ssnae sat. The action OF each 10 titus
made separate and distinct without the
ioirfco-aUeraUOna ana EXecutt'e approval
demanded bv aB act. Any other con-
st-gction would give power 70 congress
10 prescribe any other DISCRIMINATION
-. ,sver-g provision, for instance,
..E-. fFrssra F1rfagn
71uaI income. OF shall profess certain
--,.i-,ir,Is faith. Orsny other accumulation
- - hriaf provisions Of the above cited
,-..,-r-d lection. No commentator OI L9e
(,,--grifrltiOil can be found % so construe
ff-,Dd if Is quits certain that It's OppO-
- =, IA. conventions Of the States
,---,-,75 FsE-e denounced il as a most dan
,,.rol,s uower. Il they bad supposed that
1rgvi.i6ns 50 plain could he distorted 70
tnnoze other disqGalificau0Rs upon Their
l3enresanfatives in Congress.
The only remaining prsElsioh apPIIca,
BE 70 this matter u me tillru seGtloil' u
fbe sixth article Wsich provides thAt
ssrf-, .snafnrs and Representative
sHqV be bound by oath OF ST
s,rastion 10 support this Constitution
INF no religious Jest shall eger he re-
,,,is-.I a. q qualification TO any ONCE of
gl,,bIi, trTjst under the [ nited states.
Tha powers Of Congress ere thus emu
yneratef plainly IN tho tonstltuuon'
There Is none giving authonty - Fisr
.ssriba the qualifications or dls4 4uAiiica-
tf,,s, ,fifs rTeUog,ers- these are established
- ~ Constitution itself, No power 10
- sff;ft can be shown; and 50 Jealous
,,,era oI5r forefsthers. and 50 Teaffui Iilat
some clauses might be perverted 70 ellecl
UNDERSIGNED purposes, tnat among l-le
amendments insisted upon by the olsilfs
a. rhe tenth article, when prescIl 1e7
that tthe powers not deiegaUeG - e l1le
TTnited states by ths Constitution, nor
,,,oi,ibitsd by Ii 10 the states, are reserved
10 the states respectively OF 70 tile
n the midst Of the ezGiteplcnt OF tle
-eaanf strife between the North ana the
S.ufb. the above cited act was passed.
i,,,,osing disaualifications apon those
Claiming seats ia Congress aGoltlpial %
,.I,gf ne rrescribed W the Constitution
Tg7e r,urnoss of the act was evidently
s.af;onaI II vas % exclude from Lhe
halls OF Congress Northern Wen siP-
r,0sad 10 sympathize with tne 5outA N
rs struggle IL was not enacled lof
southern men, because there were nehe
upoB whom Il could then operate; ~"
that 5he excitement eNists 30 t'A5tI
now that there is no reason iof uls "a
and fhat q calm review OF the sugeets
bripgs lie inevitable poDGiusioa that IL
IL not sanctioned by the Consti IAlioni
but clearly in cOntraveDtion OF IL me
sacred oatn tC support the Constitution
demands is repeal. Il should 10 longer
stand az q Barrier 20 exclude rom liie
halls of Congress Southern men VINO are
engaged ln good faith in the work OF re-
storing the broken Union. II II De the
lust and generous purpQse 0f the states
% the North to welcome The States OF
the south 10 the national fraternity with
e0rdiallty and good viii, let them
promptly remove every obstacle The
greateti Of which Is the above q ed test
act
Why Is IL that the above cited acl
imposing the test cath excludes from its
proyisiOns the President of the United
states2 Clearly because the COasgiIu-
tion prescribes his oath OF Office, which
can neither be added to OF substracted
from. Il makes provision also for the
oafb 10 be taken by members Of Congress
and other officers Of the Government
and vet Congress demands more than
f5ln Consultation docs FROM thes6 while
r. PERMITS the highest and mOst impor-
tant functOnary 70 discharge his duties,
after taking his constitutional oath.
Clearly. no reason exists IN tile one case
which does not exist an al tne others.
nj NAV well be Questioned whether
any political oath preserves or promote promote
personal integrity. II : but sas7 Aeos7s.ll az :
Il refar 10 the times Of the james > ant
tbe Challes's IN England, and 70 tlereN
clinton OF France, and 70 Mexico III ~ ~
dav. 10 learn the value Of test and poiitl
.sf oatbs. Morality asks, why denla,iS .a;
whst can produce no earthly good n.
not rather obey the Soriptprai il uncno.n
2 swear not Al al q? " The person Wn'
takes Office performs his duties not NOR
faithfully because be swears 20 90 20
The man Of integrity may well Jorge
the oath ha has taken, but he never dis
regards duty and honesty. Our courts
civil and n4ilitary-knoW well how Z
regard the oAias ef Witnesses aud II Il
painful 20 rsad in the reports cf the per