Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-09-12


THE New York World again most
earnestly cautions the Southern peo-
nile against sending to Congress any
persons under disabilities, u who are
unable to take what is called the
"iron-elad OATH" or that passed by
the Congress in July, 1852. The gen.
eraI rule is that all members Of Con-
gress must take that oath. And it
would, therefore, be unsafe to elect
any not able to take it,.and would re-
suit in their rejection beyond all
doubt. AS touching those under disa-
bilities, and not able to take such an
oath, the counsel of the World is time
ly and important.
But the World itself admits, and it
is too plain a matter for doubt, that
there are some exceptional cases, and
Senators Pool, Of North Carolina,
johnson, of Virginia, and Lewis, Of
Kentucky, with Butler, of TenBes-
see, and others, have already been adj
mitted without taking the "irOn-
clad" The act Of December,14, 1869,
is as follows:
Sec. 2. And be it further enacted, That
all persons from whom the disabilities i'm
posed by the Fourteenth Amendment of
the Constitution Of the United States have
been or shall be removed, and who have
been or shall be elected or appointed to
office or place Of trust, in or under the
- H. -
either of the states or Territories, shall,
before entering upon the duties thereof,
take and subscribe the oath prescribed In
the act approved July IL, 1865, entitled an
act prescribing al oath Of office TO be
taken by persons from whom legal disa-
bilities shall have been removed, instead
of the oath prescribed in the act of July2 2,
1862, entitled an act to prescribe an oath
OF office, and for other purposes, anything
in any other acts to the contrary nOtwith-
standing.
This operates a repeaIiof the general
law as to them. 1t would be absurd
10 require of those who are known to
have given aid and" comfort TO the
C~Onfederacy, and whose disabilities
Therefore Congress has actually re-
moved, an oath that they had given
no aid and comfort /; and there
fore this provision was made for
their cases as exceptional. They have
only to swear 10 support the Constitu-
tion, bear true allegiance to the
Government and demean them
selves faithfully as members
of the two houses. If, for instance,
of the candidates for this district
Lacey, or Latham, or Vaughn, or
Shelton should be elected, the one
elect would be required to take the
irOn-ciad; Whileif Archibald Wright,
or VIM. T. Avery, or George Dixon
should be elected, neither of these
having been relieved by Congress
would be required to do more than
take the last provided mere oath to
support the Constitution. OF this
conclusion there can be no reasonable
doubt, for the subsequent and latest
action Of Congress has to all intents
and purposes repealed the act Of July,
1852, US TO them. They are not only
not required to take it, but they are
virtually forbidden, by the provis-
ion of another and a different oath,
which they are required TO take, and
which all who mean well to the
country can take. Men having
no disabilities must take the "iron-
clad" Those from whom such disa-
bilities, having existed, have been
removed, are not so required,
and cannot be required to do
80 by the clerks who administer the
prescribed oath Of Office. Spoon But
Ter must swallow the whole ugly iron
clad animal, hOofs, horns and all. But
our own Tennessee Butler, being made
over again, and perfected as far as
Radicalism a do it, need not,