The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1870-08-26
Friday, August ,26, 1870.
ELIGIBILITY OF MEMBERS OF
- CONGRESS.

That able Democratic journal, the
New York llorM, to the fow words
Of friendly counsel which it offered to
Southern Democrats II few weeks since
ON the subject Of negro suffrage, has
now added some wrl!~,imcl advice Oh
Tie selection OF prnpcr nnminccs as
!Candiuaics lu- Congress. 1t urges
that it would be suicidal for Southern
Democrats to elect mcmlcrs TO Con
"rcss who could not ta!,n their seats !;
and if parties in the next House are
nearly equally balanced, the loss Of
one vote might lose tho organization,
and thus enable tho Ec:ubIicans TO
awavi Ill the contested seats. Every
thing may thus dcrrnl upcn the
lprudrMcs OF Southern i>rmoc!at;.
The present rroscriptivc Legislation
which dcrrivrs tie South OF &o.ae OF
its ah!est members, il rcpuwnant to
lhc true nri"ciI ''rs of our Government,
!and d;s=rarit:! to Tho character Of the
iruling power at tho North. TO re-
peal that Legislation, is tho cherished
wish OF the Democratic party, and.
,hc World and other icah.n" Journals;
|"rc urging the incorporation OF tl:is
as 4 caiT!inal r!aHs. liz every Demo
cratic platform North or South Eut
as long as this legislation exists, We
must conform to il. This is the view
taken by tho Democratic Senators;
and Representatives in tho present
Congress iii &hc Address which was
issued shortly before tic al;nurnncEt;
and the names Of Senator Thurman,
and Judge Woodward, and other
*taunch fri"nds Of tho South, which
AFRO appended, furnish i guarantee of
the soundncss OF the advice there en-
bodied. Yet there is hotpoint insisted
upon with moro carnrstncss in that
Address, than this very ono Of clcc-
ting members to Congress- who can
take their seats.
The opposing barriers in tho way
of prosrr:ptive legislation aro two
fold, the Fourteenth Amendment and
tho Test oath. Tho third section of
tho Fourteenth Amendment is in
this words:
"sEc. 3. Noprrson shall be Senator Or Rep
va tI,( IN
and Vice President, OR hold any office. civil OF
4 military, un'cr the Cnitcd States or under any
State, who. having previously taken an oath
as member OF Congress. an ofIi.er OF
the United States. or a member Of any
State Legislature uor as all executive or judicul
tion of the United States, shall have engaged
III iusurrtcti"n or rebellion against the same
or given did and comfort to the enemies there
OF But Congress may by u vote of two thirds
Of eac!. House remove such disability.
This excludes only those citizens
who previous to the war held any
Federal or State Office, and as sucl,
took an oath to support the Constitu-
ton. The Test oath is moro Sweep
ing in its provisions, and proscr;bcs
all who took part in the war.
! This oath, required by the act OF
July 2, 1862, which is still in force, is
in the following words:
]. B. B., do solcnniy swear, or Affirm, that
' have never voluntarily borne arms against the
; United States since I have been citizen there
Of; That lnve Voluntarily given no aid, couu-
t"n"ncc, counsel, or encouragement to perpons
engaged in armed hostility thereto that
have neither songht nor accepted nor attemr-
ted TO exc, else the functions Of any Office what.
ever under any authority or pretend :d artLor-
lty III hostility 10 the United States; tI,ut ]
';nVe not yielded voluntary support to any
pretended gov' rEnlcut. authority, power or
constitution within Tie United Slate; hostile or
'nImicnl thereto And do further swear, or
ht'!iin. that. to the best Of my knowledge and
ability. will support and defend ;he Consti-
tutinn ol the United States against ell enemies.
foreign and dontstic; TINT l will bear true.
in!th and allegiance TO the same; that take
'h's obligation freely, without any mental res
Iervatlon or purpose Of evasion, aud that will
well and faithfully discharge the duties of Tho
Office on which / ain abou. TO enter, so lcln me
God. '''o
! This oath according to Tic World
will certainly Lc, enforced, and to
olcct any who cannot take it will be
to throw away scat in Congress
This oath excludes all except til ogc
who.residcd hero during the war, and
lent neithcrinid nor encouragement,
or who have Como hero since. .,s
1T is true, says tho ?JToyld, that a
modified oath was provided by an
act passed in 1868; bnt this modified
oath is only for members disqualified
under tho Fourteenth Amendment
whose disability has been removed bv
act Of Congress. Il. r. Eutlcr, Of
Tennessee, Senator Pool, Of North
Carolina. and more recently, Senator
johnson, of Virginia, and General
| Lewis. Of Kentucky. were cdmittcd
on taking this modified oath; and
there may have been some other in
stanccs.; But it has no application To
ordinary cases. "I.'4 ~ 19as .:T4,t
southcncrs then would. do welp I'd
Med. ee tho advice given, and nominate
no eapdidate, who laboring. under, tho
Disabilities ereatediby tho fourteenth
Antehd dmSnfand theal,est7 OATH thas
not HAD M th tdisabilstfss > orcnSvsd.