Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-09-17
Democratic Nominees.
ELIGIBILITY.

This IS serious question: anu - us
cussed by the Democratic papers all
over the Sonth. Inview Of the approach
ing Congressional Convention. which
meets at jackson next Tuesday, the 10th
inst, we give prominence to such facts
as should be considered and understood
well BY the delegates The third section
of the Fourteenth Amendment reads as
follows:
No person shall be Senator or Rep
resentative in Congress, or Elector OF
President 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
member Of Congress, or as executive or
judicial officer of any State. TO support
the Constitution of the United States,
shall have engaged in instruction or re-
bellion against the same, or given aid or
comfort to the enemies thereof. But
Congress may, by vote Of two-thirds of
each house, remove such disability.
BY the act of Congress passed July I'd,
1862
ANY person elected or appointed to
any Office Of honor or profit under the
Government of the United States shall
take and subscribe the following oath or
affirmation:
Il, A B, do solemnly swear'l or affirm
that / have never voluntarily borne
arms against the United States since |
have been 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
attempted to exercise the functions Of
any Office whatever, under any authority
or pretended authority in hostility to the
United States; that have not yielded
voluntary support to any pretended
government, authority, power or consti
tuition within the United States hostile
or inimical thereto; and ] do further
swear Tor affirm that to the best of my
ability, viii support and defend the
Constitution of the United States against
all enemies, foreign and domestic; and
that / will bear true faith and allegiance
TO the same; that | take this obligation
free, 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.
The Union and American says:
AS the law requiring this oath of all
persons who take Office under the Cen
eral Government was in full force at the
time the Fourteenth Amendment was
adopted, the removing of persons dis
abilities did not relieve him from taking
the above oath, and TO obviate this diff
Guilty for awhile as to certain parties,
Congress relieved them from taking the
test oath when their disabilities had
been removed by resolution, and at last,
to fully settle the question, Congress, on
the lth of July, 1868, passed the fol-
lowing law, which is yet in full force,
viz: Whenever any person who parti-
cipated in the late rebellion, and from
whom all legal disabilities arising there
from have been removed by act Of Con-
gress, 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 in the act of July 2, 1862,
take and subscribe the following oath or
affirmation:
al, A. b., do solemnly swear Tor af-
FIRM that will support and defend the
Constitution Of the United States against
all enemies, foreign and domestic; 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 will well
and faithfully discharge the duties Of the
Office on which | am about to enter, SO
help me God. d"
To place the matter beyond all cayil
or doubt, Congress, on the l4th Deem
Der, 1869, passed the following law, viz:
SEC. 2. And be it further enacted. /
That all persons from whom the disabili- |
ties imposed by the 18th amendment Of /
the Constitution Of the United States /
have been or shall be removed, and who I
have been or shall be elected or appoint I
ed TO any Office or place Of trust in or
under the Government of the United
States, or OF either of the States or Ter
ritories, shall, before entering on the du-
ties thereof, take and subscribe the oath
prescribed in the act approved July IL,
A-'~f hAnAltu ah NJ prescribing an Oalu
Of Office to be taken by persons from
whom legal disabilities shall have been
removed, instead Of the oath prescribed
in the act approved July 2, 1862, entitled
an act to prescribe an oath Of office, and
for other purposes anything in any
other act to the contrary notwithstand-
ing.
From the abOve it will be seen that
all who take Office under the United
States Government are required TO take
the iron-clad oath Of July ?, 1862. unless
they hove had legal disabilities under
the third section Of the Fourteenth
Amendment, and have had them re-
moved by a tWo-thirds vote Of Congress.
and then they are only required - .ake
the oath prescribed by the act Of July
II, 1865. Many are insisting that Con-
gress csn or may require persons whose
disabilities have been relieved 10 still
axe the iron-clad oath. This is in the
face Of two different laws Of Congress.