The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1870-06-09
The Iron-Clad Oath and Political Disabi1.
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seem really cognizant of the laws operating to
keep a large portion of the Southern people
from holding Federal Office Undoubtedly,
these matters have been fully discussed during
the past five years in all the newspapers OF the
country, and yet it is apparent that many in
telhgent minds do not comprehend the real
state of affairs in this respect. We are Led to
make these remarks from the fact that num-
Der of gentlemen have been suggested for the
position of Representative in Congress, in this
and an adjoining Congressional District, all of
whom are ineligible to the high Office their
friends wish them to seek. And while we di-
rect public attention to the matter, we wish it
distinctly understood that it is not our object
to Illustrate the designs of any one, or to inter-
fere, either for or against any individual now
or hereafter to be suggested. But it is solely
with view of restraining our political friends
from committing an error, already repeated too
often, of nominating gentlemen for positions
to which they are not eligible by reason of GER
tain disqualifying enactments. We would
avoid another political hari-kari, such as the
Democratic party met with two years ago, in
the election of Representatives to Congress
from the Third and Fourth Districts.
1t is well understood, we believe, that the
class of persons disqualified from holding Office
by the third section of the Fourteenth Amend
ment to the Constitution of the United States
cannot accept any Office under the State or
Federal governments, until their disabilities
are removed by a, two-thirds vote of both
Houses of Congress. This class of persons
embraces all men who held an Office, prior to
the war, which required them to take an oath
to support the Constitution of the United
States, and who afterwards engaged in rebel
lion. The two things are absolutely necessary,
in order to place a man under the ban of the
aforesaid section of the Fourteenth Amend
ment. First, helmust have held an Office re-
quiring him to, take such an oath, and secondly,
he must have engaged in the war against the
United States. Either one or the other is not
sufficient, and hence it is that the strongest ad-
herents and defenders of the Confederate
cause-soldiers voluntarily engaged in rebel
lion,if you please-are not ineligible to Office
in this State, provided they never held any po-
Fsition under the State or Federal governments
previous to the war requiring them to make
oath to support the Federal Constitution.
This result is reached by the simple fact that
the present Constitution of South Carolina
imposes no restrictions beyond those found in
the third section of the Fourteenth Amend
ment. Having stated the class of persons in
eligible to Office under the said Amendment,
which is re-enacted in the Constitution of this
State, we will proceed to enquire who are in
eligible to Federal offices, such as member to
Congress, postmaster, internal revenue asses
sors and collectors, &c.
We are met at the outset with what is COM
monly known as the iron-clad or test oath,
passed by Congress on the I'd of July, 1862,
and this solves the entire problem. 1t is the
language of this oath that prevents so many
hundreds and thousands all over The South
from being eligible to any position under the
Federal Government. Indeed, the iron-clad
oath is barrier against the staunchest Union
men, in many instances, whose hearts went
out in kindly sympathy for their section amid
the struggles and trials of terrible war; Only
now and then can one be found who is willing
to swear that he did not sympathize with the
cause for which ali suffered and endured so
much. Under these circumstances, Congress
was induced'to pass an act waving the ncces-
sity of subscribing to the test oath in. certain
cases, and substituting in lieu thereof another
oath, which is now required of all persons
elected to Federal Office whose political disa-
bilities have been removed by both houses of
Congress. This act was passed on the llth
of July, 1868, and is.as follows:
"That whenever any person who has partici-
pated in the late rebellion, and from whom all
legal disabilities arising therefrom have been
removed by act of Congress by a vote of two
thirds of each House, has been or shall be
elected or appointed to any office or place of
trust in or under the Government of the Uni
ted States, he shall, before entering upon the
duties thereof, instead Of the oath prescribed by
the following oath or affirmation /, A. B., do
solemnly swear Tor aftirln) that I will support
and defend the Constitution of the United
States against all enemies, foreign and domes-
tic; that will bear true faith and allegiance
to the same; that take this obligation freely,
without any mental reservation or purpose of
evasion and that I will well and faithfully
discharge the duties of the office on which 1
am about to enter. So help me God"
1t will be seen hat the terms of the above
oath are entirely prospective, while the IRON
clad is retrospective in its principal features.
But this oath is only applicable to such persons
as have been relieved of their legal and politi-
cal disabilities, and it may be suggested that
there are many competent and intelligent citi-
zens, worthy to become Representatives in
Congress, who are not disqualified by the oper-
-. &C 4l.a Eonrtoanth Amendments nnnnr