Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1869-07-29
The Test Oath.

otter of the 9Th instant, addressed to tho edi,or
~ tho Now York Times. On the subject oi the
"Tsst. Oath in Virginia. Relieving from the
tone of that letter that It is your desire ana IT.
tontion To act conscicntiOus!y in this matter
n do that only which you consider right, and
the law requires and that you have ''@o '".'
,r1.,c ifsir, l. IMPOSE al 0tR0ri1uS 0dit upon
INV Of the people Of Virginia, | respectfully
submit for your consideration the following
hastily prepared remarks upon thus very I'M
portant subject:
The question ha, been raised, and mnah
apitated, whether the members OF the Leg
stature. lust elected under the new Const'
tnton Of Virginia. before entering upon
The discharge of their duties, shall BE- re-
nnired and compelled 10 take the 'test-"alii,
commonly called "M, lI02.Ctd. This, re-
qncctlully submit, must alone depend upon TIE
provisions of the C0pehtUt'oR, Just ratified and
adoptcd by the people oil Virginia the 49, "'
C5ag,sss, approved April 10, 1869, authorizing.
the submission Of that Constitution TO vote ol
the people; and the P0cIun1i99 oj IN !I'"'
'G,ni of III, inite3 .S'atSS, issued IN pursuance
of that act OF Congress, bearing date May llth'
1860. 70 these, and these alone We must loo.
tor the law OF this ease; the rrcVionS ae'S o'
Congress upon this subject can have no opera
tom whatever. as shall in the sequel show.
The 9th section, article 3 ct the ConS,ltu,
ton aforesaid, prcscribes an oath Of office.
to be taken and subscribed by all persons,
"before entering upon the discharge OF any
function, rs officers of this State; the oath
thus prescribed is the usual, ordinary oath, TO
support and maintain the constitution and
laws of the Unitcd States, Ne.
The eth section, however provides, that
"ip addition to the foregoing oath Of office, the
Governor, Lieutenant Governor, membey% W
the general assembly," &C., &c, shall, before
they enter upon the duties OF their respective
offices. take and subscribe the following oath
or affirmation. Here follows the regular
iron clad OATH
Now, there can be no question that i lie
Constitutions as it came from the hln!s oi Is
trainers, had been adopted b. the people, the
members Of the Legislature would have been
compelled, before entering upon the discharge
of their legislative functions, to take and sub
scribe the iron clad OATH Congress, however,
bv the act of April 10, 1869, authorized the
President to submit, and the President, by his
proclamation Of the 18th May, 1869, did sub
nit, the ratification or rejection OF THIS 'th
section, article >, to separate vote OF the peo'
ple. The people By an overwhelming vote. re
iected IT, and 1t is no longer part OF the State
The true meaning substance aud effect OF
this legislation on the part OF Congress, and
the PROCLAMATION Of the President in pursuance
thereof, was to abandon all previous Legislation
of Congress upon this question, and have It
entirely to the people OF lrginia, to say Tor
themselves, whether The members OF their
Legislature should be required to take the
iron clad ooH.' | say such is as plainly ana
inevitably the effect OF this legislation As 1t
Congress bad said 50. 'tntidem verbs. -tnd
the peope of Virginia having declared, with
the Sanction OF Congress and the appreciation
of the President, that their Legislators shall
not be required TO take this oath, there IS no
other power on earth TO compci them to 40 80.
Here shall, no doubt, be mt with the deca.
ration on your part that the laws OF july ..
1862 and July IL, lNGN, are sull IN fofce,
and that District Commander cannot dis
pensc with the oaths prescribed by those laws
as they apply to particular cases, and SUBSTITUTE
for them, the cath prescribed by any proposed
Constitution, the validity OF which Is contln
gent upon future action. 10 this reply that
the laws of ltG2 and l9GS, so lar as they may
be construed to require the members OF the
Virginia Legislature to take the "test-oath,
are wholly inconsistent, with, and rcpu2naut to,
the act of Congress OF a pril 10, 1860. the las;
act on the subject, and to that extent, accord
Ing TO the we'll established rules and presidents
governing the construction OF statutes, are
hereby repealed. | farther reply that as
Congress, by the act last mentioned, has liked
time for the assembling and organization OF
the Legislature, and has even gone so Tar rs to
dictate to that Legislature certain course oil
legislation to be had before the State shall he
admitted to representation in Congress, then
the validity of such assembling aud nrganHa
ton is rot, and cannot be, to Use your own
language, "C0ni,nQ,M apOH tHtHys dfiDR. =
In concluding what have to say upon this
point, | beg leave To submit, and respectfully
request IN answer To, The following query, viz
Why submit to the people of Virginia the Gues-
ton whether the members OF their Legislature
hall be required to take the iron.clad oath; IT.,
after they have decided that they shall not, It
is within ! our power may il, ~ you contend,
| il is your positive and absolute duty 10 compel
them TO take it ? You have intima5ed on sew
eral occasions that you 10 not desire 10 force
this obnoxious oath upon the people oi II.
einia, If it ian BE- avoided and that You will
not do 90 unless compelled by 4 sense oil duty.
If such arc really your wishes, | respectfully
suggest that your way out OF the dlfllculty Is
plain and easy. The last clause Of section :,
article ,, OF the State Constitution provides
tllut tdCH uUuSC SidI IViHC WI 'hO S'|e'i"'',
qualification and returns of its members - and
it is lnTther provided in the same section. that
leach house shall appoint its own officers,
.Settic IT'S o,cu rites Of proccc3taaS, &c., &c. In
view OF these provisions, | beg leave to ask,
what have You to do with the meeting and
orpanz lton OF the Legislature, and the adj
ministration of the "test oath" to It's mem
bers? in my humble opinion, nothing what
ever; they are matters which do not concern
you, and with which you have nothing to do.
All that you have to do is to make "otic'al
pron,ulqatton' OF the ratification OF the Con
stitution, as provided by the 9TH section OF the
| act OF Congress of April 10th, 1869; having
done this, that act provides for the time OF
| meeting of the Legislature, and the clause Of
the Constitution above referred to, for Its or
ganization there is no necessity for any farther
| action on your part, and you may wash your
| hands of the business. So act, and all thing:
| will move smoothly on. and Reconstruction,
so far as Virginia is concerned, will have been
| accomplished Act otherwise . undertake to
| force the test cath upon the Legislature and
YOU thwart the action of Congress, countcract
the policy of the President, and indefinitely
most none the rcadmission of Virginia TO the