Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-09-10
po,.TrlCAf. DIsABrLTTTEs.

1t seems that the effect OF removal OF |
political disabilities by Congress is not yet
fully understood cannot see that
there can be any doubt in the construc-
ton of theiaws relative. TO the oath re-
quired of members of Congress. There
are but two laws upon the subject; one
passed in 1852, while the war was raging,
which requires the iron clad oath to be
taken by every newly elected member of
Congress. In 1868 another law was passed
which exeRpted persons whose disabil-
ity had been removed by act Of Con
gress from taking the iron clad, and sub
stituted for such modified OATH All
newly elected members whether from
Massachusetts or Alabama, whether in
the Federal or Confederate service, or in
neither, have to take the iron clad unless
Congress has by act removed their disabil-
ities. The fact Of their having no disa-
bilities does not change the law, they
must take the iron clad. But if Congress
has passed an act removing their disabil-
tiles, then they can only be required to
take the modified oath prescribed by act
of July, 1868. Neither the Speaker nor
Clerk of the House has any discretion in
the matter. We have received from an
esteemed friend the following letter on
the subject: '7ias..3' zee .-
To the Editors of the Union and American:
| LAFAYETTE, Tenn, Sept Q, 1S70.-A
few days ago you published an article
from the New York Herald in relation
to the iron-clad test oath. Some persons
misunderstood that article, and believe
the test oath enacted by Congress the I'd
of July, 1862, will be inexorably applied
| to all members elected to the next house
| of Congress. This is a mistake, which
is apparent from the second section of
the act of Dec. IA, 1869. 1t is as fol
lows: 'And be it further enacted, That
all persons from whom the disabilities i'm
posed by the Fourteenth Amendment of
the Constitution of the United States
have been g. or shall be removed,
and who have been or shall be elected OF
appointed to any Office or place of trust, in
l or under the Government of the United
States, or CT either of the States or Ter
ritories, shall, before entering upon the
duties thereof, take and subscribe the
oath prescribed in the act approved July
IL, 1868, entitled an act prescribing an
oath of Office to be taken by persons from
whom legal disabilities shall have been re,
moved, instead Of the oath prescribed in
the act of July 3, 1862, entitled an act to
I prescribe an oath of office, and for Other
purposes, anything in any other acts to
: the contrary Notwithstanding"
The test oath will be applied to all who
| have not had their disabilities removed.
The latter class will be required only to
swear to support the Constitution of the
United States, and in future to bear true
and faithful allegiance to the government,
and faithfully to demean themselves a.
members of the House of Representa-
| tives. This is the substance of the oath
, required by the act of July II, 1868.
1t was not made as some supposed fol-
| the special benefit of r. R. Butler, OF
Tennessee, Senator Pool, of North Caro-
lima, Senators johnson, of Virginia, and
Gen. Lewis, of Kentucky. The oatt
prescribed by the act of 1868, will be ad
: | ministered to all who were disqualified
under the Fourteenth Amendment, whose
! disabilities have been removed by act Of
Congress. The disability prevented from
| holding Office; the removal, of course
| allows the person to hold office. If il
does not mean this, the removal of dis
abilities means nothing. 1t is worse thar
absurd. 1t is mischievous nonsense.
am yours, truly, &. L. G.