The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1870-08-23

THE CHA
case Of the members elect from North Caro-
lima. Against this usurpation Of power the
South can only protest; but it can avoid
giving the Radicals an excuse for efecting,
under cover of the law, exclusions which
will leave them, as before, in the majority.
The Southern members should, at least, be
eligible according to law; this is demanded
Of the South in justice TO itself, as well as in
justice to those Northern members who are
ready to battle for the restoration, and main
tenance ola truly constitutional Union.
The proscriptive barriers which stand in
the way of Southerners are two in number
the Fourteenth amendment and the test
oath; and it unfortunately happens that many
Southern citizens who would not be excluded
from Congress by the former, are eTectually
shut out by the latter. The third section of
the Fourteenth amendment is in these
words:
SEC. 3. No person shall be senator or rep
Tesentatiye to Congress, or elector of Presi-
dent and Vice-President, or hold any office.
civil or military, under the United States or
under any State. who, having previously taken
an OATH as q member of Congress. or as an
officer Of the United States, or as O member Of
any State Legislature, or as an executive or
judicial officer ofany State. to support the Con-
stitution of the United States, shall have en-
gagged 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 Constitution; but it does not ex-
clude anybody for simple participation in
the rebellion, not even if he was an officer
of the Confederate Government or military
officer in its service. Hence some have in-
ferred that such persons are not debarred
from admission to Congress. By the Fourth
teenth amendment they are not, certainly;
but what is called the iron-clad test oath,
which is infexibly administered to the men,
bers, shuts out all who cannot take it. This
oath required By the act Of July 2, 1852,
which is still in force, is in the following
words:
LAB, do solemly swear Tor afirml that
have never voluntarily borne arms against the
United States since I have been citizen
thereof; that have voluntarily given no ald,
countenance, counsel, or encouragement 10
persons engaged in armed hostility theretoi
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
States: thar have not yielded voluntary
support to any pretended government, author
ity' mower. or constitution within the United
States hostile OF inimical thereto ana de
further swear Tor afirm) that, to the pest OF
my knowledge and ability thn VIII 1nlaG spp0rss statea naa
against all enemies. foreign and domestlci that
I will bear true faith and allegiance to the
same: that take this obligation freely, With
ont any mental reservation or purpose OF eva
sion. and that / will well and faithfully dis
charge the duties of the Office on which am
about to enter, SO help me COD"
Now if any Southern district elects
member who cannot take this iron-clad
oath, it will merely throw away seat in the
House and a vote against Radical tyranny.
The oath, according to the New York World,
will certainly be enforced; and that oath
cannot be taken by any man who, in or out
OF the army, gave voluntarily any aid, as
sistance or encouragement to the ''rebel-
''lion," or to persons engaged in ''rebel-
slion." This oath virtually excludes all but
Southern Union men as they are called.
The candidates must be taken, it would
seem, from among Southern Union men, or
from among those who have taken up their
residence in the South since the war, and
who, BESIDES gave the South, during the
war, neither encouragement nor assistance.
There is, however, modified oath provid-
ed by an act passed in 1868; but this modi-
fed oath is only for members disqualified
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 General
Lewis, Of Kentucky, were admitted on TAX
ing this modified oath; and there may have
been some other instances. But it has no
application to ordinary cases. To make our
meaning clear, it may be added that General
Butler, for example, who was disqualified BY
the Fourteenth amendment and has had his
disabilities removed could take the modified
oath and claim his seat, while any private
in his command, although not. disqualified
by the Fifteenth amendment, could not
claim seat, because, having voluntarily
been soldier, he could not take the iron
clad test OATH
We hope and trust that the Southern dis
tricts, bearing these facts in mind, will be
especially careful either to nominate men
scao haue had their disabilities remoued, or
those who do not rest under the disabilities of
the Fourteenth amendment. and can take the
i1'on-clad test oath.