The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1871-02-02
URsDAY MORNING, FEBRUARY 2, 1871:
Debate in the House OF Representa-
eiyes Tuesday ON the Test Oath. '

- u -
Debate in tho House OF Representa-.
tives Tuesday ON the Test Oath.
Mr.. MAYNARD: wish to call the atten-
ton of the House to what this bill is. It in
effect repeals the act of 1862 prescribing un
oath Of office that is to say, it relieves
every man from the necessity Of taking 1t
who cannot take it, and leaves those VINO
| can take it with safe conscience to take IL
| as before. 1t is one Of those measures that
goes fundamentally and radically to the
whole system of policy that we have adopt
ed with reference to what is called by the
general name Of reconstruction" and
trust that it will not be passed in this hasty
and summary manner. This is bill which
has been lying until this morning upon the
Speakers table. and bill that will. effect
the entire abrogation of the present oath OF
office prescribed in the act of 1862.
shall not at this late hour of the after
noon take up the time of the Houss in argu-
ing the question to show that we have not
yet arrived at the time when with safety
this can be done. l have merely risen for
the purpose of stating to the House what
there is in the bill, what is its purport, and
what it will effect if enacted into q law;
and that statement will, | trust, be suth-
cient to induce the members OF this House,
or at least the majority of them, to pause and
hesitate before taking so important, so fun
damental and 50 irreVocable step as would
be the passage of this act and the removal
of what has been for the last eight years
one Of the most important restraints against
the enemies Of our Government, those who
participated in trying to accomplish its
overthrow.
MIR. BUTLER, of Massachusetts de-
sire, MIR. Speaker, as the organ of the Com
mittee on Reconstruction, to state exactly
how this matter has been considered.
Some two weeks ago a bill in the precise
| words of this Senate bill was referred to
our committee. That committee appointed
| IL subcommittee to examine and report
upon the subject to the whole committee.
| They were to have reported week ago to-
day. They did not then report, but time
was given to them until to-day to report on
the question. BY the majority of that SUBJ
committee bill, IN tpstssinlis Uer6is of the
Senate bill, was reported to the Committee
on Reconstruction, and by the Committee
on Reconstruction the chairman was di-
rected to report this bill for the cOnsidera-
ton of the House and rs the organ of that
committee, and by its direction, have so
reported it.
The scope of the bin is exactly this :
What is known as the - te>t-oath" OF the
"iron-clad oath" cannot be taken by any
man who took part in the rebellion; and
| the object of the bill is to allow any man
who took part in the rebellion, but who is
not disqualified by the 14th article of the
amendments to the Constitution, to take
an oath precisely as though his disabilities
were rcnlovcd-that is, IN oath to support
| the Constitution such an oath as we hear
frequently at our desk. So that the effect
of the bill is to repeal the test-oath for
every man who took part in the rebel
| lion, but who has not been disqualified by
| the 14th article Of amendment.
That Is the entire scope Of the bill and
when the House understands that, they
will be able to vote under rstandingly upon
it. It's purpose is to enable men who have
no disabilities to take the oath of Office pre-
scribed for men whose disabilities have
been removed.
Mr.. BECK: VIII the gentleman allow
lie il few minutes?
Mr.. BUTLER, of Massachusetts Ger
tainlv / will do so i'll a moment. That is
the entire scope and effect OF the bill. 1t
was my duty, us the organ of the Commit
| tee on Reconstruction, to present it fully
and fairly, us ! have done, before the
House. Upon it | express no opinion. |
now yield to the gentleman from Kentucky
Mr.. BECK.
MIR. BECK: AN permitted by the chair
man of the Committee Oh Reconstruction
IMr. BUTLER, of Massachusetts, to make a
brief statement in regard to this question.
Gentlemen will see, by referring to volume
IS of the Congressional Globe, page 1854,
under date of April %. 1870, that this bill
passed the Senate, believe, on the report
of Mr.. TRUMBuLL, the chairman of the Com
mittce on the Judiciary Of that body; and,
50 far as the Globe shows, nothing was said
upon it. | believe it passed that body unan-
| imously.
Another thing All the persons whom
this bill proposes to relieve from taking the
test-oath can now hold office in their rcspec-
tive States. 1t docs not increase that class
at all. 1t only provides that persons not
disqualified under the fourteenth article of
the amendments to the Constitution Of the
United States from holding office may take
the form of oath prescribed by this bill.
! Mr., BUTLER, of Massachusetts: If no
| further debate is desired, ] will call the pre-
MIR. MAYNARR:- ask the gentleman to
| withdraw for a few moments the call for
the previous question.
MIR. BUTLER. of Massachusetts: Will
| do so. \
Mr.. MAYNARD do not know that it
| is in order for me to refer to what occurred
at the other end of the Capitol; our rules
say it is not, and | will not therefore tres
pass upon our rules. will merely suggest
what we all of lis see and know that mea-
sures pass through either House Of Con-
gress at times when the attention of mem.
Ders is not arrested in regard to them, rs
was done in the case to which the attention
of the House was called yesterday. That
is one reason why there are two Houses Of
Congress, in order that when a measure
passes one House unobServed and unchal-
Ienged. either in the absence of members
or when they are otherwise engaged, it may
he observed and criticised in the other
House. I cannot say more upon this point
consistently with our rules.
Mr.. BUTLER, of Massachusetts, now
yield to the gentleman from Louisiana Mr..
MOREY.]
Mr. MOREY: While | am in favor of this
| bill, there is one thing in it which strikes
| ME us rather peculiar. 1t is that we should
prescribe a simple oath to support the Con-
| stitution to those who were engaged i'll the
| rebellion. and continue to require the test
oath of everybody who was not engaged in
| the rebellion. think the bill should spec-
| fy that all those disqualified under the four
| teenth article of amendments to the
| Constitution of the United States shall not
| hold office, ana that everybody else snail
simply take an oath to support the COnsti-
tuition of the United States.
Mr.. FAkNSWORTH: That is, to repeal
| the test-oath.
Mr.. MOREY: Yes. In other words, to
repeal the test.oath. 1t seems to NE to be
rather peculiar state of affairs, that the
| loyal people should be obliged to take the
test. oath, while all those who were en-
| gagged in the rebellion should take 4 simple
oath to support the Constitution of the
United States. 1T would be more simple
to pass bill repeating the test-oath entire