The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1870-08-18

tested seats. Il is worse than idle, H is sui
cidal, for the Southern Democrats to elect 1
Representatives who would not be permitted
10 serve. Our only hope OF controlling the
next House depends on the prudence Of the
Southern Democrats in their selection of can
didates; and IL is for this reason that we make
an urgent appeal to their good sense and
patriotism.
We need not say how thoroughly we de-
test the proscriptive legislation which restricts
their range of choice and deprives them of
the services of their ablest men. We shall
labor for the repeal of those restrictions until
the last vestige of them is swept away.
demand for their removal should be inserted
in every Democratic platform, North and
South. But while they remain we cannot
ignore them and In pressing this warning
upon Southern attention we only repeat the
counsel given in the Democratic address,
signed by all the Democratic Senators and Re-
representatives. in the present Congress, shortly
before the adjournment. That address was
prepared by a committee composed of some
of the ablest lawyers and staunchest friends
of the South in either branch of Congress;
Senator Thurman being its chairman, aud
Judge Woodward, of Pennsylvania, and j.
Proctor Knott, of Kentucky, being the other
members. There is no point in the address
which is insisted on with 80 much earnestneSs
as this of nominating for Congress men who
can be admitted to seats. The soundness of
the advice cannot be controverted, and it
only remains that we clear the subject of
misconceptions by precise statement of the
nature of the proscriptive barriers They
are two in number-the fourteenth amend
ment and the test-oath; and ii unfortunately
happens that manv Southern citizens who
would not be excluded from Congress by the
former are effectualy shut out by the lat
ter. The third section of the fourteenth
amendment is in these words:-
'Section 3. No person shall be Senator or Re-
present ative to Congress- or eector OF President
and ice-President hold any oice civil or mill
tary under the United States, or under any State,
who, having previously taken an oath, as member
a member of any State Legislature, or 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 enemies
thereof. But Congress may, by vote of two-thirds
OF each house, remove such disability"
This excludes all citizens who, previous to
the rebellion, had held any Federal or State
Office which required them to swear to sup
port the Constitutions but it does not exclude
anybody for simple participation in the re-
bellion not even if he was an officer of the
Confederate government or military officer
in its service. Hence some have inferred
that such persons are not debarred from ad-
mission to Congress BY the fourteenth
amendment they are not, certainly; but what
is called the iron clad test-oath, which is ia
hexibly administered to the members, shuts
out all who cannot take it. This oath, re-
quired by the act of July 2, 1862 which is
still in force, is in the following Words
81, A. B., do solemnly swear (or anlrm) that have
never voluntarily borne arms against the United
States since have been citizen thereof that L
have voluntarily given no aid, countenance, coun-
sci, or encouragement to persons engaged in armed
hostility thereto that l have neither sought nor
accepted attempted to the functions OF
tended authority in hostility to the United States
that have not yielded voluntary support to any
Htuton within the United States hostile or nimica
thereto And do further swear or aflirm) that, TO
the best of my knowedge and ability, will sup;
States against all enemies, foreign and domestic
| that will bear true faith and allegiance to the
mental reservation or purpose Of evasion, and that
will well and faithfully discharge the duties OF the
| office on which l am about to enter, so help me
| God"
If any Southern district elects a member
| who cannot take this oath, it will merely
throw away a seat in the House and a vote on
the Democratic side. We shall not be so rich
in seats and votes that we can afford to squan-
der them. Mcpherson, the Clerk of the pre-
sent House, has authority by law to make up
the roll of the next House, and he will insert
therein the name of no member who is not
ready to take this test-oath. III IS certain thai
the oath aoiU be enforced;' and this is the
| ground of the unanimous recommendation OF
the Democratic members of the present Con.
gress. The Southern Democrats will put oul
control of the next House in jeopardy if they
disregard this advice,
1t is true that modified oath was pro-
vided by an act passed in 1868; but this
modified oath is only for members disquali
fed under the fourteenth amendment, whose
disability has been removed by act of Con
gress. r. r. Butler, of Tennessee Senator
Pool, of North Carolina, and more recently
Senator Johnson, of Virginia, and Genera
Lewis, of Kentucky, were admitted on taking
this modified oath; and there may have beer
some other instances. But it has no applica
tion to ordinary cases.
1t is the more incumbent on us to call at
tention to this subject, as we recently spok,
in terms of appreciation of nomination t.
which our present warning applies. We re
tract nothing which we said of the persona
fitness of the candidate; but as he will see
on examination, that he cannot take his sea
if elected, we confidently expect his patrioti
withdrawal. A public letter assigning hi
reasons would be copied into all the Southern
papers and save other Democratic constituen
cies from a similar mistake. We canno
doubt that he will justify the high opinion
we have expressed of his character by takin
this course. At any rate, the Southern Demo
cratic press will aid us in correcting the exist
ing misapprehension, and preventing abor
tive nominations to Congress.
SPECIAL NOTICES.
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