Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1870-08-12
DISABILITIES.
Answer Of Hon. George Din on to "DemO.
crat's" Inquiry Whether or net he Is
Under Political Disabilities.
He SustaIns the Position of the Appeal as
to the IneIIgiblIityOf Persons Disquall.
fed and PronOnuces Himself Eligible.

Editors Appeal:-In your paper of the
10th inst, 1 find a communication signed
" Democrat" calling upon me to know
whether / am laboring under any disa-
bilities to take a seat in Congress should
1 be nominated and elected. Fully ap-
preciating the Importance ofthe question,
and believing that no one should consent
to the use of his name for the position of
Congressman, about whose eligibility to
take q seat after election, there could be
any question. ] will, with pleasure, an
swer the question of 1" Democrat :" and
in order to do so, L deem it necessary to
embody in my reply the various acts of
Congress, and the Fourteenth Amend
ment to the Constitution, by which every
one viii be enabled TO judge how far he
may be disqualified from accepting the
position.
The first act of Congress passed End
July. 1862, usually called the Iron
Clad, " is in these words:
i, A. B., do solemnly swear Tor affirm)
that l have never voluntary borne arms
against the Uunited States since | have
been a citizen thereof: that 1 have volun-
tarily given no aid, cOuntenance, counsel
or encouragement to persons engaged in
armed hostility thereto: that / have
neither sought, nor accepted, nor at
tempted to exercise the functions of any
Office whatever, under any authority, or
pretended authority in hostility to the
United States: that l have not yielded
a voluntary support to any pretended
government authority, power or consti-
tuition, with in the United States, hostile
or inimieal thereto, and l do further
swear Tor affirm) that to the best of my
knowledge and ability, / will support
and defend the Constitution of the United
States against all enemies, foreign and
domestic; and that | will bear true faith
and a11pnfanaa 70 thu av,o NIa~ 7 -
this obligation freely without any mental
reservation or purpose of e~rasiOn, and
that | will well and faithfully discharge
the duties of the Office on which l
am about to enter so help mcleod.
The act further prescribing that any
person falsely taking the oath" shall be
guilty of perjury, and on conviction. in
addition to the penalties now prescribed
for that %ofIense, shall be deprived of his
office, and rendered incapable for ever
after of holding any office or place under
the United States. This oath and penalty
applies to every person that has given aid,
c~ountenance, counsel or e-ncouragemen
to persons engaged in armed hostility to
the Government of the United States.
This oath l could not take.
Oh the day of July. 1866, Congress
passed the following, as an amendment to
the Constitution of the United States.
which, being afterwards adjudged to have
been ratified by the required number of
States, was, on the Goth of July, 1865, pro-
mulgated by the Secretary of State as the
NIVth Amendment to the Constitution:
Section 3. No person shall be a Senator
or Representative in Congress, or eleator
of President and Vice President, OF hold
any office, civil or military, under the
United States, or under any State, who,
having previously taken an oath as a
member of Congress, or as an officer of the
United States, or as a member of any State
Legislature, or as an executive or judicial
officer of any State, to support the Con-
stltution of the United States, shall have
engaged in instruction or raheilian
against the same, or given AID and com
fort to the enemies thereof. but Congress
may, by g vote of tWo-thirds of each
House, remove such disability.
under this amendment, having held the
office of Judge of the Common Law and
Chancery Court of the city of Memphis,
ana hsVing previously taksA an cath as
such Judge to support the Constitution
OF the United States, l would not have
been ahle 10 hold the Office of Representa- |
tive in Congress, without having the dis
abilities mentioned removed by a vote of |
thirds of each house OF Congress. By
an act o~fCongreSs QFFabruary, 1870, passed
by aYate II two thirds of each house, nv
disabilities, with those of W. 7. Avery. Nj. |
Wright, j. Il. X. Ray, and a number of |
other gentlemen, of West Tennessee. were /
removed as provided in the latter payt ofi
the l4th amendment, by which va were
enabled to take and hold any Office. civil
military, under the United States or
The state Of Tennessee. 6y the atm sec
tion Of the law, in relation to the taking
we oaths o. office, as prescribed by Con-
sre'S passed July IL, 1868. 2. hrightly's
it is enacted.
Whenever any person who has partici-
pated in the late rebellion, and from
all legal disabilities arising there
from have been removed by act of Con-
gress by a vote oftwo thirds of each house,
has been or shall be elected or appointed to
any Office or place of trust in or under
government of the United States, he
shall, before entering upon the duties
thereof, instead of the oath prescribed by
the act of July 2, 1862, take and subscribe
the following oath or Affirmation: /,
B., do solemnly swear Tor affirm that
Will support and defend the Constitu-
ton OF the United States against all enc
mics, foreign and domestic; that / will
bear true faith and allegiance to the
same; that l a this obligation freely,
without any mental reservation or pur-
pose of evasion, and that | viii well and
faithfully discharge the duties of the of
on which. L am about to enter. So
help me God" Then / conolade that my
having besn removed by a
vote oftwo thirds of each house of Con-
Eress, / am not amenable to the disabilities
If the Fourteenth Amendment, and being
able to take the oath prescribed by the act
DfJulYl1, 1865, substituted for that of JalY
3, 1862. Ieould without doubt or eavfI
take the Office of Representative in Con-
yress. This view OF THE case is, / under
stand, universally recognized as the cor
rect one in Congress and by all the gov
officials, both at Wash
and throughout the country. So
that II President Davis or General Lee
their disabilities removed by a vote
Of t~Wo-thirds of each house of Congress,
they would be eligible TO a seat in the
Senate or House of Representatives with
out any other oath than that prescribed
by the act of July IL, 16GS.
Believing hat | am eligible to take my
seat in Congress If honored by an election
the people from this district, 1 have an
nounced to friends that II nominated by
Convention to b. held In this district,
| would accept il and use my best exer-
ions to insure my election. should any
Of tho worthy gentlemen whose names
have been mentioned In connection with
be the nominee, i should yield him
a hearty and cordial support. Apologize
ing to you for the length OF this article, l
hone YOU will excuse ID in view of the
and interest which the
feel upon the subject Of legal disc
Truly yours,