Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-08-20
III y ~ ~ - = =
THE IRON-CLAD OATH.
Who Shall be Nominated for Con.
gressl
From the New York world.

1
From the New York World. ~
The third section of the Fourteenth
Amendment Is in these words:
-,"Sec. 81 No person shall be Senate
/ or Representative to Congress, or electo
of President and Vice-President, or hol
any Office, civil or military, under tn
United States or under any State, who
having previously taken an oath, as
member of Congress, or as an officer o
the United States, or as member of an
State Legislature, or as an executive Of
judicial officer of any State, to supper
the Constitution of the United States
shall have engaged in instruction Of
rebellion against the same, or igven aiC
and comfort to the enemies thereof. Bu
Congress may, by a vote of two-thirds OF
each House, remove such disability"
This excludes all citizens who, previous
to the rebellion, had held any Federal OF
State office which required them to swear
to support the Constitution; but it does
not exclude anybody for simple psrtici-
patton IN the rebellion, not even if he was
an officer of the Confederate government
or 9 military officer in its service. Hence
some have inferred that such persons are
not declared from admission to Congress.
By the fourteenth amendment they are
not certainly; but what is called the iron
clad test oath, which is infexibly admin.
istered to the members, shuts out all who
cannot take it. This oath, required by
the act of July 2, 1869, which is still in
force, is in the following words: 81.
81, A. B., do solemnly swear (or af-
firm) that I have never voluntarily borne
arms against the United States since
have been q citizen thereof; that have
voluntarily 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 have not yielded a
voluntary support to any pretended gov
eminent, authority, power, OF constitu-
ton within the United, States hostile or
inimical thereto. And do further swear
Cor affirm) that, to the best of my know
ledge and ability, l will support and de-
fend the Constitution 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
purpose of evasion, and that will well
and faithfully discharge the duties of the
office on which am about to enter, so
help me God.n '- q,
If any Southern district elects MEM
Der who cannot take this oath, it will
merely throw away a seat in the House
and vote on the Democratic side. We
shall not be so rich in seats and votes
that we can afford to squander them. Nc
Pherson, the Clerk of the present House,
has authority by law to make up the roll
of the next House, and he viii insert
therein the name of no member who
is not ready to take this test oath.
1t is certain that the oath will be en-
forced; and this is the ground of the
unanimous recommendation of the Dem
ocratic members of the present Congress.
The Southern Democrats will put our
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 dis
qualified under the fourteenth amend
ment, whose disability has been removed
by act of Congress. r. r. Butler, of
Tennessee, Senator Pool, of North Caro-
lima, and more recently, Senator johnson,
of Virginia, and Gen. Lewis, of Ken
lucky, were admitted on taking this
oath; and there may have been
some other instances. But it has no ap-
phcation to ordinary cases.