Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-07-29
DisnbiIiSies.
To the nditor Of the Isdgsr;

To the Editor OF the 1e"ke'. IN
Il is asserted that Col. r. r. Looney
ia nnder disabilities. Upon what author.
Nv 4 this stated? The facts are not
/ tSat wav n When we speak OF disablilness,
those created by the Fourteenth Amend
ment and the legislation of Congress 70
an force h are meant. These are really
he 6nlv disabilities that can be so nom
mated with any legal accuracy: Col.
I,ooney cannot take what is called the
;ron-ciad oath. This was prescribed by
Congress as a rule Of admission TO its
body Il may be. dispensed with by
either House in Q particular case, !, pes
ing at all times under the control oil
either House in its application, io'fhon'
| he consent Of The other. 1t has not the
effect Of a law. 1t cannot render Invalid
the election of any one. The inability
| N take IL may or may not, according 10
tbe Measure Of either House in the
given case, be enforced to exciude
he elected member from the ttoor; ;
INIT this cannot legally rdcdte
the seat of the member, or al
NIT his opponent because he can
take It. The disabilities imposed under
the Fourteenth Amendment have dit
ferent effect. They invalidate by the
terms of the act the election OF the party
falling within the denomination OF the
amendment and the statute to enforce IL.
Here is a wide difference. Hereafter let
no person be spoken Of as under disa-
hil;ties. simply because he cannot take
The iron-clad oath. This oath might ex
oIude oven one who had worn 1.-THE blue. -"
He might. though in hostile ranks, have
symnathised with the South, and at some
time. in his humanity, might have gwen
mid and comfort to the South or her sol
diers. There are few, if any, in our
midst, fit representatives OF tire South'
who can take entirely the OATH can
see no reason for speaking OF one as be-
ING under disabilities simply because he
NAV be unable to take the oath referred
10 CITIZEN.
Since the above communication was
given into the hands of the printer, Col.
r. f. Looney called at our office and de-
sired us to state that he is no longer
candidate for Congress, thinking 1T a
question as to whether he could take his
seat. if elected. he is not disposed to
embarrass his friends in the canvass or to
prevent the nomination of one who is
entirely eligible to the office. Colonel
Looney is not under the disabilities OF
the Fourteenth Amendment, and would
not, therefore, be prevented from holding
a seat in Congress. The difficulty arises
in taking the iron-clad oath, which is
required by both Houses of Congress.
If this was repealed. which no doubt it
will be at the next session of that body,
then all who do not fall within the pre-
scribed clause mentioned in the Four
teenth Amendment may go to Congress
without fear of being rejected by the
dominant party Colonel Looney is
gentleman of the highest order of talent,
and is the favorite Of the majority of the
people of this district. His courtly
manners and nice sense of honor has
endeared to him many friends who will
regret his inability to continue the race
for Congress. Time will, however, so
arrange matters that the friends of this
gentleman will have the opportunity of
paying the compliment SO justly due
L.