Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1866-01-24
THE TEST OATH.

Frequent allusion is made, in con-
nection with the question of recon-
struction, to the test oath of office en-
acted by the Congress Of 1862 to be
administered in the cases specified.
As it will no doubt be proaaiaent in
the debates to which the assembling
of Congress is expected to give rise,
we copy it as follows;
CHAPTER CXXVIIL-An act TO pre-
scribe an Oath Of Office, and for
other purposes.
BE ii enacted 'by thc Senate ana
House of Representatives, oftke United
States of America, IN Congress assem-
bied, That hereafter every person cleo
ted or appointed to any Office of honor
or profit under the Cover nment of the
United States, either in the civil, mil
itary, or naval department of the pub
lie service, excepting the President Of
the United States, shall, before enter
ing upon the duties of such Office, and
before being entitled TO any OF the
salary or other emoluments thereof,
take and subscribe the following oath
or affirmation ~ a, B, do selemnly
swear (or affirm that j have never
voluntarily borne arms against the
United States since have been a cit
izcn thereof; that / have voluntarily
given no aid, countenance, counsel or
encouragement to persons engaged in
armed hostility thereto; that / have
neither sought or accepted, nor at
tempted to exercise the functions of
any Office whatever, under any au-
thority or pretended authority in hos
tility TO the United States; that /
have not yielded voluntary support
to any pretended government, author
lity, power or Constitution within the
United States, hostile or inimical there
TO. And 1 do further swear (or affirm
that, to the best OF my knowledge and
ability, j will support and defend the
Constitution of the United States
against all enemies, foreign and do
nestle; that ] will bear true faith and
allegiance TO the same; that / take
this obligation freely, without any
mental reservation or purpose of eva
sion, and that ! will well and faith
fully discharge the duties of the office
on which am about to enter, so help
me God !" which said oath so taken
shall be preserved among the files of
the Court, House Of Congress, or de-
partment TO which the said Office may
appertain. And any person who shall
falsely take the said oath shall be gull
| ty of perjury, and, ON conviction, in
addition to the penalties now pre-
scribed for that offense, shall be de-
rrived Of his Office and rendered inca
pabe forever after ofholdingany office
or place under the United States.
Approved July 2, 1862.
Hon. Edward Bates, Attorney Gen.
eral during Mr.. Lincoln's administra-
ton, having been interrogatcd, upon
the Constitutionality of this oath, by
a number of the citizens of st. Louis (;
thus closes his answer. lie says:
"Test oaths, odious, oppressive and
cowardly always, are always the re-
sort of desperate parties, who Gas vio-
lent as timidity can make them seize
upon this method to weaken their ad.
versaries, whom they are afraid to
meet in fair and open controversy.
1t was of frequent occurrence during
the French revolution, and one re.
markable instance has been preserved
for our instruction by the great histo.
rian of that epoch. The two legisla.
tive councils-the Ancients and the
Five Hundred-imputing to their ad-
versaries the crime Of royaiism, hoped,
by an adroit trick, to get rid Of their
presence in the councils, and their in.
fluenco with the people. And SO, in
.hc forged name of republicanism,
they decreed that all the members OF
the council should, on certain day,
take an oath of hatred to royalty
The opposition quite as good repub,
Leans, in fact, as their hypocrtical
oppressors) resisted, as best they could
complained and protested-but they
took the oath--for they had no notion
Of deserting their place in the govern,
mcnt, and thus leaving their un.
prncipled adversaries unTesistcd to
work cut their wicked will in the mis-.
government of the country. And the
philosophic historian dismisses the
subject with this brief remark "This
formality Of an oath, so frequently
employed by parties, mover could be
considered as a guaranty il has never
been anything but an annoyance Of
the conquerors, who have taken de.
light in forcing the conquered 10 per-
jurc themselves.
}, Justice-that was the crafty policy
of the French revolutionary radicals
, land our revolutionary radicals do
but follow their example. And we
may indulge the hope that the rcign
of our radicals will be made as brief
as that of their great examples, and