Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-09-17
From readipe The Fourteenth Amend

! From reading the Fourteenth Amend
ment and the acts here referred to, we
think il clear that where person had
no LEGAL disabilities, or was not obnox-
ious to the third section Of the Four
teenth Amendment, he will not be re.
lieyed from taking the iron-clad oath OF
July q 1862, by Congressional pardon
or vote of two-thirds of Congress.
The act of Congress Of July ii, 1868,
prescribing the modified oath, refers
alone by its very terms to those from
whom all legal disabilities arising there
from have been removed by act of Con-
gress, and does not at all apply to those
who had no disabilities, but who attempt
by Congressional pardon to get the
benefit of this modified OATH
The act OF Congress passed March Z,
1870, relieving the disabilities of several
thousand persons, and which is similar
to all others on the same subject, reads
as follows
That all legal and political disabilities
imposed by the Fourteenth Amendment
of the Constitution Of the United States,
by reason of participation in the late
rebellion, be and they hereby are re-
moved from the following persons, viz:
-
And it fully accords with the view
above set out.
In letter to Gen. Tom Benton Smith,
of Williamson county, who is candid
ate for Congress in the Nashville dis
trict, and whose disabilities have been
removed by Congress, the Hon. Edward
Mcpherson, Clerk of the House of Rep
resentatives, says, under date of Au-
gust 81:
If the House believed you to be the
person relieved, and that the constitu-
tional provision on the subject was act
ually carried out in your case, you would
not be required, if elected, to take the
test oath, as special oath is admins
tered to persons relieved of disabilities
by act of Congress.
The following letter has been received
by Colonel J. N. Hughes, of McMinn-
vile, from the National Democratic Elk
ecutive Committee:
WAsHrSGros. September 2, 1870.
DEAR SIR: The committee have care
fully considered the suggestions in your
letter of the 23d ult., and discussed the
positions you have submitted to them,
in all their aspects, hoping that they
might be able to advise you to continue
as a candidate for Congress. But they
have unanimously concluded that it is
inexpedient for you to make the race at
this time.
By an act of Congress the present
Clerk of the House Of Representatives is
made the Judge of the qualifications of
in the first instance, and re-
quired to place on the roll Of members
such only as he thinks competent to oc-
cupy seats.
From our experience of his course in
regard to questions similar to those by
which you are now embarrassed. we
think he would, without doubt, refuse to
enroll your name. We are also satisfied
that the Radicals would, without excep-
ton, vote against your admission, when
ever your application should be pre-
sented to the House. Upon such rejec-
ion, your opponent, however small his
rote, would be admitted as the duly
elected member from yonr district.
We think, therefore. that the proba-
,ility of unfavorable action on the part
# the Clerk and the House in your case
s so great, and the consequences of such
.ction would be so serious, that the party
md the country would ask Of you in the
resent emergency the sacrifice Of with
Irawing from the contest.
The committee regret much more
leeply than yourself, the necessity which !
leprives the country, for the time being, .
# the aid Of your ability and patriotism
n the national councils. We enclose
opy of the address Of the Congressional
Committee, from which you viii perceive
hat the questions submitted TO us have ,
,een considered by the distinguished ..
Gentlemen composing that body.
Respectfully, etc,
RICHARD P. MERRIcK,
One Of the Committee.
Upon the reception Of this letter, Col.
hughes declined to be a candidate for
congress-