The Van Buren press., 1870-09-13
Disabilities.

uSHsioh eAlsls eNcii among wen informed
people, as to the effect of the xiv amend
ment. Many p5rsons have the xiv amend
ment, the iron clad oath, and the disfran
chising clauses of the reconstruction acts
congealed in their heads in a sort of lie
gal catarrh, of which they cannot rid
themselves. We shall endeavor to ad-
minister an eifectual remedy which will
clear up their heads in the series of edi
torial articles headed "Who are qualified
electors" In the meantime and to facili-
tate proper understanding of the "sit-
uation," we shall briefly state the require
ments of these several measures.
The fourteenth amendment dcpriues no
qualified elector Of the right Of roting. 1t
merely disables comparatively small
class of persons from holding office. The
following is the disabling clause of the
xiv amendment
STc, 3. No person shall be Senator or Rep.
resentative TO Congress, or elector of Presi-
dent and Niee-President, or hold any Office,
civil or military, under the United States, or
under aay State, who, having previously taken
an oath, as a member of Congress, or as an
officer of the United States, or as a member of
any State Legislature, or as an executive or
judicial officer of any State, to support the
Constitution of the United States. shall have
engaged in insurrection or rebellion against
the same, or given aid and comfort to the enc
mics thereof. But Congress may. by vote
of two-t thirds of each House, remove such dis
ability.
This only disables persons who held
office previous to the rebellion" from
again holding office. 1t excludes no per
son on account of participation in the re-
bellion, or holding Confederate Offices,
not even members of the secession con-
ventions, Even the Little Rock Repub-
lican has admitted all this except as to
members of the conventions.
The impression that persons who "gave
aid and comfort to the rebellion are de
prived of the right to vote, grows out Of
that clause of the Reconstruction act
which debarred persons disqualified from
holding Office by the xiv amendment,
from U0tiag in the reconstruction elections
The class Of persons who were allowed
to participate in those elections is thus
set forth in the 9th section of the act of
March 2, 1867:
Male citizens Nv enty -one
years old and upward, ofwhateyer race, color
or previous condition. who have been esi-
dent in said States for one year previous to
the day Of such election. except such as may
be disfranchised for participation in the re-
bellion or for felony at common law"
The subsequent act of March 20, 'G7,
merely sets out in the preliminary oath
required to be taken. the classes disfran
chised as they are named in the four
teenth amendment
What is called the "iron clad OATH is
required to be taken by all officers Of the
United States, and it is prescribed by the
act of July 2, 1862, and is as follows:
|, A. b., do solemnly swear (or affirm that
have never voluntarily borne arms against
the United States since | have been a citizen
thereof; that have voluntarily given no aid,
countenance, council or encouragement to
persons engaged in armed hostility thereto;
that have neither sought nor accepted nor
attempted to exercise the functions of any
Office whatever under any authority or pre-
tended authority in hostility to the United
Ssates; that have not yet yielded volunta-
ry support to any pretended government au-
thority power or constitution within the
United States hostile or inimical thereto. And
do further swear (or affirm that to the best
ofmy knowledge and ability, ! will support
and defend the constitution of the United
States against all enemies, foreign and do
nestle; that will bear true faith and allegi-
ance to the same; that take this obligation
freely, without any mental reservation or
purpose of evasion, and that / will well and
faithfully discharge the duties of the office on
which am about to enter, SO help me God.
Aside from all question as to the con.
stitutionalty Of this oath-and it has
been decided to be unconstitutional by
the Supreme Court Of the United States
as required of lawyers, so held in the
Garland case-it deprives no one Of the
right to vote but merely disables them
from holding office. The Congressional
democratic conservative committee have
recommended that no one who cannot
take it be run for Congress by the South.
ern Conservatives in the fall elections.
But the recommendation was made by
the committee, merely because it is cor,
tain that every member elect will be ex-
cluded who cannot take it; and one or
two such exclusions may prevent the
Democrats and Conservatives from con-
trolling the next House A modified
oath has been provided for persons
whose disabilities have been removed by
act ofCongress.
We hope that orr friends will bear this
matter in mind-that no person is dis
qualified to v0te in the State elections, by
any constitutional amendment or act Of
Congress; and that certain persons only
are excluded from holding office, Let the
cry be in every county-REGIsTER-REG
lsrER-REGIsrER. Let every Conservative
in the State who is qualified eleotor fail
not to register. 1t is solemn duty he
owes to himself, his people and his coun
try, and should not be neglected - Gaz-
cite.
Gg' "What is pride, my dear?"
Walking with cane when You amt
lame - ranlial the intelnppnt iuVphilp