The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-06-24
The Test Oath.


iron-clad oath to be taken by INC h'eiaoelF
If The Legislature about TO be chosen. II
General CASrY we're o lawyer, such argu:
mcnts "a the Journal uses would be treated
bv him "a Mr.. CHASE treated those made
bv the same paper to prove that UNDER
WOOD was right in discharging CESAR GRIf
FIN from the pcnitentiary. They are IN
deed no arguments OF all, and VIC have ye
TO sec the first lawyer who can even ina
einc how any authority can be found in th'
reconstruction acts for exacting the tes
oath from the officers to be elected under
the new constitution. But us General CAN
ny is either grossly slandercd by the Stat
Journal, or else has allowed such aims,
logic to influence his judgment, we vii
e,gtc the case as We understand it, and a'
General GRANT understood It in March
1868, and as his Attorney General doubt
less understands it now, and as we hope
General CANDY will understand 1t before NJ
shall issue any order upon the subject.
On the I'd day of March, 1867, the " ac'
to provide for the more efficient govern
"ment of the rebel States |" was passed
over the Presidents veto. That act rccitcs
In the preamble that "no legal State &C.
ycrnmcnt exists in Virginia" for any one OF
the other rebel Statcs), and it proceeds 10
point out mode of establishing legal state
governments. 1t requires amongst other
things that the new and legal constitution
of government" shall be "in conformity
I" with the Constitution of the United States
{" in ill respects" 1t also provides that
the fourteenth amendment shall be ratined
by a vote of the Legislature {" elected ""der
said constitutional Here is plain decla-
ration as to what sort Of n Legislature We
arc to havc-not one composed of members
who can take the iron-clad oath, but OF such
members as the new constitution Itself
shall provide. Their qualifications are TO
be determined by the constitution 1t
self, not by the commanding General,
nor even by Congress. They are to be
elected "under the constitution" says
Congress, and to be just such persons
"a that constitution makes eligible, with
the single pro,iso that they are not to
bcsuch men as the Federal Constitution pro-
hibts from holding office. 1--WE stop here
to remark that nowhere in Virginia have
the Conservatives nominated any man Tor
the Legislature who is ineligible under the
fourteenth amendment. They have taken
the utmost pains to get only such men as
are not disqualifed.) The action OF the
last Congress on the same question is III
keeping with the language we have q noted
from the first of the reconstruction acts.
That action authorized General GRANT to
submit the constitution without this very
test-onth; and the sole object Of its sepa-
rate submission was to have it struck out o.
the constitution. What mockery to offer
lis on c1purgated constitution, and then to
say TO us that the reconstruction acts require
us to take the very oath which We were ac-
corded the privilege OF expurgating from
the constitution. No oath can lawfully be
required of the members Of the Legislature
which the constitution does not require; for
no oath can rightfully be e1acted from them
which cannot rightfully be e1acted from |
every officer provided for in the constitution ; |
and surely no one will contend that if the
State and county officers were elected in |
July, these could be required to take the
iron-clad oath. To say this is to say that
Congress gave Us stone when we asked for
bread. Our committee of nine and the |
Republican committee asked General GRANT
to relieve us from this test-oath. He said |
he would do it if Congress would grant him
the necessary power, and he advised Con-
gross to clothe him with that power. Con-
gress did so. Congress authorized him to
find way by which VIC could get rid OF the
tcst-oath which excludes from office nearly |
every respectable man in Virginia, and he
pointed out the way. "Vote upon it sepa-
ratcly, and vote it out of the constitution"
is what General GRANT said to us. We
purpose rigid compliance with his direc-
tons. And yet we are told by the State
Journal that General CANDY intends to
issue an order requiring the members of the
Legislature to take the very oath which
General GRANT first and then Congress de-
clarcd we might vote out Of the constitu-
ton if we could
General GRANT decided this question in
March, 1868. We have already reproduced
his telegram to General MEADE, yet 1t may
be well to quote it again. lie said;
1.-THE officers elected under the new constitution
of Georgia are not officers of the provisional GO
ycrnmcIt referred to In the reconstruction acts
arc they officers elected nnusl centred to
take the oath prescribed In section T. act OF July
10 1881 The esDiy to hold %s nd must mus a ne a
1ncnt to the United States Constitution designated
as Article XIV"
In order to perfect understanding Of
General GRANTS language, and to show
that this telegram was intended as an an
swer to the plea that the reconstruction
acts require the test-oath to be taken by
certain parties therein named, We quote TIE
ninth section of tho last Of the reconstruc
ton acts, which section is the only one that
furnishes even the shadow Of pretcxt for
exacting the iron-clad oath Of members of
the Legislature. That section is as follows
"SECTIuS y. That all members OF said Boards
OF Registration and all persons hereafter elected
appointed To office In said military districts UNI
der any sO-callcd State or municipal authority, or
10y detail or appointment Of the district command
crs, shall he required to take and subscribe the
oath Of office prescribed by law for officers of the
United States"
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