Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1872-06-06
FOR GOVERNOR.
Amnesty.

~ ~N""Oo'H uOt, Tie 1dIIleS OI many
are given whose disabilities are
not removed by that act, including
William Il. Avery and james IL.
Thomas, Of Tennessee, who were
members of the 36th Congress.
All the members from Tennessee,
in the Seth Congress, remained in
their seats until the expiration of
that Congress on the 4th of March,
1861 which was before Tennessee
seeded, and also before the civil
war commenced; consequently
Avery and Thomas did not leare
Congress, but, servedo out the term,
and were not members of Congress
at the time Tennessee seeded nor
when the war commenced.
In that editorial it is said that
the law is ambiguous and express
es some doubt as to whether those
now living of the $50 officers Of
the army and navy of the United
States who left their places to aid
the rebellion, are relieved or not
by the recently passed Amnesty
act. BY reference to the l4th
article of amendment to the con-
stitution of the United States, and
to the constitution and laws as
they were when the war commenced
it will at once be seen that the Of
ficers of the army and of the navy
were not placed under any disabil-
ties to hold Office under the United
States nor under a State. Nor
were U. S. District Attorneys and
Marshals disabled by the said l4th
amendment; which provides, "Sec-
ton 8. No person shall be Sena-
tor or Representative in Congress,
or Elector of President and Vice.
President, or to 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 an
officer of the United States, or as a
member of any State Legislature,
or as executive or judicial officer
of any State, to support the con-
st;tution of the United States,
shall have engaged in instruction
or rebellion against the same, or
given aid or comfort to the enemies
thereof. But Congress may, by a
vote of two-thirds Of each house,
remove such disability"
Thus it appears, chat the fact
ola person having held Office under
the United States or under State
did not of itself disable such per,
son from holding Office under eth
er one or the other government,
Federal or State. But, to make
the l4;h amendment include such
officers in the disabled class, In ad-
dition to his holding an office, he
must, as such officer, having taken
an oath 10 support the constitution
of the United States, and who af
terward 'engage 10 insurrection or
rebellion against the same, or given
aid or comfort to the enemies there
Of" Constitution of the United
States, Art. G, Sec. 8. 1.-The Sena-
tors and Representatives before
mentioned, remembers ofthe sew
eral State Legislatures, and all
executive and judicial officers,
both of the United States and of
the several States, shall be bound
by oath or affirmation, to support
thls constitution" The only of
ficers required to be bound by oath
or affirmation to support the con-
Etitution of the United States were
legislative, executive and judicial
officers of the United States and
of the several States. No law of
Congress, it is believed, existed
nrior to the commencement of tie
late civil war, which required of
f;cers of the army and navy to
take an oath to support the Con-
stitution ct the United States; and
as neither the constitution nor the
law required such oath, it was not
taken by army and navy officers;
therefore they were not under any
liabilities to bold Office by rea,