Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1866-03-29


The House, rs in Committee Of tht
Whole ON the state Of the Union, havin,
under consideration the Presidents an
uuaI message
Mr.. Finck said.
1lr. Speaker. Having some weeks sine,
introduced in this House "a bill which ha
for its purpose TO prescribe the oath O
Office, so as 20 make i conform TO the re
quirements OF the Constitution Of the
United States, and to repeal the act o.
July >, 1862 commonly known aS The
test oath, desire 10 submit a few consid
erariOns TO the House why, in my judg
ment- the act Of July ,, 1852, should o,
repealed.
ft Is as follows:
I, 4 B, do solemnly swear or affirm
that l have never voluntarily borne arm,
against the United States since I have
been a citizen thereof; that I have vol
unfairly given no aid. cOuntenauce
counsel or encouragement to persons en-
-aged in armed hostility thereto that
have never sought nor accepted MOI
attempted TO exercise the functions Ci
any office whatever under any authority
or pretended authority in hostility % the
United States, that I have not yielded 9
eminent, authority mower or .c1uStl-u-
Jion within the United States. hostile or
inimical thereto. And I do further swear
tor affirm that, TO the best of my EuOwl-
edge and ability, I viii support and
defend the Constitution of the [ uited
states against all enemies, foreign and
domestic; that I viii bear true faith and
alleeisuce 10 the same; that / take this
obligation freely. without any mental
reservation or purpose of evasion, and
that ] viii well and faithfully discharge
the duties Of the office on which I am
about 70 enter, etc.
Now, Mr.. Speaker, it seems TO me that
this oath, Al least SO far as il relates TO
senators and representatives in Congress,
j. unconstitutional
Section two, article one, Of The C0nsti-
tuition declares:
So No person shall be a representative
who shall not have attained the age Of
twenty-five years, and been seven years
a citizen OF the United States, and who
shall not when elected be an inhauitant
of that State IN which nesL8lI be chosen
And I'm relation to senators, il Is pro-
vide3 that
"No person shall be a senator who
shall nos have attained the age of thirty
wears. and been nine years citizen of
the United States, and who shall not
when elected, be an inhahiLaut Of that
state for which he shall be chosen"
Article six provides that
fThe senators and representative be-
fore mentioned, and the members Of the
several State Legislatures, and all eXecu-
tive and Judicial officers, both OF tie
United States and Of the several States,
shall be bound by oath or affirm ton 20
SIunBrt LnfS CONSTITUTION.
Justice story. in his commentaries on
the Constitution, speaking Of the House
Of Represeuratives, section ga says:
at would seem blt fair reasoning,
upon the plainest principles Of interpTe-
tsti8n. that when the Constitution est2b-
Gshed certain qualifications as necessary
for office, il meant to exclude al Others.
From the very nature Of such provision
the affirmation OF these qualifications
would seem 10 imply negative 70 ali
Others"
NIr. Madison. IN the Ftd.To7tst, conf
neuting on the same subject, sLys;
The qualifications OF the elected being
less carefully and properly defined b. the
State constitutions. and being st Tie came
time more susceptible Of uniformity have
been very properly considered and re-
gartied by the Constitution. \ repre-
sentative Of the United States must De OF
the age of TWENTY-FIVE years must have
been seven years q. 9.ciriZen Of the United
states. mus AT the time Of his election
be an inhabits1t OF the state be- Is tO
represent, and during the time or BIS ser
vice must be in no office under ihe
United states. Under fhe5e reasonable
limitations the door Of fhsS part OF the
Federal Government is open @ merit OF
every description. whether native OF
d. M d
without regard 20 poverty or wealth, or
10 anv particular profession OF religious I
faith. D. Fcder1lisf No. 81
But, Mr.. Speaker, If Congress had au-
thOrity TO prescribe this test oath Of ls32, I
81 has the power 10 oadd other and differ
ent qualifications for seu5tors and repre- I
sentatives than those provided in the .
Constitution and thus change the or 4
cauic law by legislative enactment; /
and We have hardly advanced far 4
enough vet for such a claim o. power a. 4
that 4
The first set Of the First Congress was /
10 prescribe the oath Of Office, and which I
was as follows:
That the oath OF affirmation required 1
by the sixth article Of the Constitution I
of the United States shall be adminis- r!
Tered In the following form, 70 Wit: j, A .
case may be- that viii support the Com
stitUtiou Of the United States"
/ DO not pretend 10 say that the Consii- 4
tuition viii require the oath 10 be in these
precise words. Congress msy very prop
erly require the party 20 swear that he .
will faithfully discharge the duties Of the
Office on which he is about 20 enter. But
90 say that the oath provided for i'm the
Constitution cannot be 80 sUtF'OqfiQiiV
and materially changed as TO operate 70
add aslC and other qualifications for hold
ing the Office than those provided for in
the instrument itself fit can be, and
the taking Of such oath required as an
essential prerequisite % the exercise o.
the Office, then, indeed, Congress can
most effectually defeat the purposes
Of the Constitution and the rights Of the
people.
sir. the right TO bold a seat on this
floor is defined and provided for under .
the Constitution, and does not depend So 4
much upon the determination Cf this 4
House, as il does upon the legal voters ol I
the proper districts, and the qualifications Z
clearly defined by the Constitution. But 4
the exclusive right TO judge "Uf the elec-
lions. returns, and qualifications Of Its Z.
own members. has been expressly con- 4
ferred upon this HoUse, aHd it would b. ]
false 10 Itself and % the country n it I
should neEiecl the fair and constitutional d
exercise4of this high and necessary power \
in every case where IL Is called upon 70 J
act. II would, however, bea most wicked 4
and moustrous perVersiGn Of this power 4
should party majority ever be io1nd 50
,,orruut Is 10 use 9 for the purpose Of
Maintaining its aseeBdengy, by depriyiugi
fbe peoDle Of any Of the districts - the
Union from being TeFreseuted o. thls
floor. through members cOnstitutOnaliy
elected and possessing the requisite quail
ifications.
Sir. considering the present coalition
0f affairs, ] do not believe the people ~
the South viz ,seud men here Who would
be wanting in hdelay - ihe Aoustitu- I
lion.
4 viii be fieir Interest to send only I
such representatives as are determined To
support and defend the Constitution ana
preserNe the ni0n.
These people VIII never again attempt
20 break up tGe Union. Their Interest
and prosperity ~ The f2ture are only %
be advanced ia msiniaiping the Cons1-
tuition and the Union agalnst al those
who would seek their overthrow, The
danger Of the hour is not now secession
that has been met and overcome, but lt
- a Nilli-EI III a inherent NlEGtA4tA. AZ
Is, sir, the danger Of the Capitalization Of
power in the Federal Government
Certainly sir, no man who Is rot fixed
and determined in bis purposa % support
and defend the Constitution and main
lain the Union ought 10 be sent here;
and L trust no man who .s net thus sim (
cere and patriotic iB bis purposes,
whether he comes from the North or the (
south, VIII ever occupy a seat ID ibes6
Halls.
And here allow ne 10 read an extract /
from a very able and patriotic adj
dress made a few weeks since by the
President, In reply 10 a committee from
the Legislature Of the State OF Virginia;
81 On the cardinal principle Of repre-
sentstion 70 which you refer. i viii make
q single remark That nrineiple 4 in
herent; 1t constitutes one Of he sunda-
mental elements OF this Govern elent. 4
The Representatives Of the statss and Of
the people should have the quaIifiestions
prescribed by the Constitution Of the !