Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-09-16
POLITICAL DISABILITIES-TH
FOURTEENTH AMENDMENT
THE ERON-CLAD.

relative to the oath required to be taken
of members of Congress. We therefore
propose to set out these matters in full, so
all may judge for themselves.
The third section of the Fourteenth
Amendment reads as follows:
mo person shall be Senator or Repre-
sentative in Congress, or ElectOr of Presi
dent or Vice-president, or hold any office,
civil or military, under the United States,
| or under any State, who, having previ-
ously taken an oath, as a member of Con-
gress, or as executive or judicial officer of
any State, TO support the Constitution of
| the United States, shall have engaged in
instruction or rebellion against the same,
or given aid or comfort to the enemies
thereof. But Congress may, by vote of
two-thirds of each House, remove such
disability"
By the act of Congress passed July 2,
| 1862
Every person elected or appointed to
any office of honor or profit under the
| government of the United States, shall
take and subscribe the following oath or
affirmation 81, A. B. do sOlemnly
swear, Cor affirm), that have never vol
| UNFAIRLY borne arms against the United
States since | have been a citizen thereof;
that have voluntarily given no aid,
| COuntenance, counsel or encouragement to
| persons engaged in armed hostility thereto;
that l have neither sought, nor accepted,
nor attempted to exercise the functions of
4 fl -bo4 hn
or pretended authority, in hostility TO the
| United States; that | have not yielded
| a voluntary support to any pretended gov
eminent, authority, power or cOnstitu-
ton within the United States, hostile or
| inimical thereto. And | do further swear
Cor affirm) that, to the best of my knOwl-
edge and ability, will support and de-
fend the constitution of the United States
| against all enemies, foreign and domestic;
that bear true faith and allegiance to tie
same; that take this obligation freely
without any mental reservation or pur-
pose of evasion, and that l will well and
faithfully discharge the duties of the office
on which am about to enter, so help he
God"
As the law requiring this oath of all
persons who take office under the general
Government was in full force at the time
the 14th Amendment was adopted, the re-
moving of persons disabilities did not
relieve him from taking the above oath,
and to obviate this difficulty for awhile as
TO certain parties, Congress relieved them
from taking the test oath when their dis
abilities had been removed by resolution,
and at last, to fully settle the question,
Congress, on the 18th of July, 1868,
passed the following law, which is yet in
full force, viz: whenever any person
who participated IN the late rebellion, and
from whom all legal disabilities arising
therefrom have been removed by act of
Congress, by vote of two-thirds of each
House, has been or shall be elected or ap-
pointed to any office or place of trust in
or under the government of the United
States, he shall before entering upon the
duties thereof, instead Of the oath pre-
scrj6ed by the act Of July 2, 1862, take
and subscribe the following oath or afir-
nation:
81, A B., do solemnly swear Cor affirm
that l will support and defend the Consti-
tuition of the United States against all
enemies, foreign and domestic; that l
will bear true faith and allegiance to the
same; that take this obligation freely,
without any mental reservation or pur-
pose of evasion, and that | will we'll and
faithfully discharge the duties of the of
fee on which | am about to enter, so
help me God"
To Place the matter beyond al caVil or
doubt, Congress, on the 14th December,
1869, passed the following law, viz:
''SEC. 2. And be it further enacted, |
That all persons from whom the disabili- |
ties imposed by the 14th 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 |
any office or place of trust in or under |
the government of the United States, or
of either of the States, or territories,
shall. before entering on the duties there
Of, take and subscribe the oath prescribed
in the act approved July II, 1868, enti-
tied an act prescribing an oath of office
to be taken by persons from whom legal
disabilities shall have been removed, in
stead of the oath prescribed in the act ap.
proved July 2, 1862, entitled an act to
prescribe an oath Of office and other pur-
in any other act to the
contrary Notwithstanding.
From the above it will be seen that all
who take office under the United States
are required to take the iron
clad oath of July ?, 1862, unless they
have had legal disabilities under the third
section of the fourteenth amendment,
and have had them removed by a two
thirds vote of Congress, and then they
are only required to take the oath pre-
scribed by the act of July II, 1868.
Many are insisting that Congress can or
may require persons whose disabilities
have been relieved to still take the iron
clad oath. This is in the face of two diff
ferent laws of Congress.
From reading the 18th amendment and
.he acts here referred to, we think it clear
hat where person had no legal disa-
Dilities, or was not obnoxious TO the third |
section of the 18th amendment, he will !