Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-12-11
THE "IRON-CLAD" OATH.
The History and Text of the Famous
Test Oath.

Test Oath.
From, the New York Tribune.
WASHINGTON, Dec. There is a
hopeful prospect that the last relics of
the proscril tive legislation which was
the legacy Of the rebellion be speed
ily swept away. Tho Honse Commit
tee on Rules agreed yes,eruay u bring
in bill abohshing the -so-called ''iron-
clad" oath, and to couple this with
provision for the removal of all politi-
cal disabilities. The House, more than
once during the last Congress, passed
measure for general amnesty, but the
Senate refused to agree to it, and in
sisted upon prolonging the proscriptive
system that grew out of the distrusts
and animositieso Of the war. 1t now APP
pears to be admitted upon all hands
that this system has survived its uses,
if it ever had any, and had better be
put out of sight and forgotten as soon
as possible. The ''iron-clad" oath be-
longs to the same class of rubbish.
At one time its asseverations, repe-
titions and circumlocutions had an i'm
pressive significance. When the storm
of war ragged round the capital, it was
natural that the lawmakers should
wish to assure themselves that there
were no enemies or traitors in their
midst by administering an oath to all
corners SO stringent as to leave no loop
hole for equivocation. For this pur-
pose the test oath, which soon after
ward got the popular name of iron
clad" was devised by Horace May
nard; of Tennessee, the law prescrib-
ing it bearing the date of July 2, 1862.
After reconstruction, the oath became
a stumbling-block and an irritation for
most of the new Office holders in the
South and the Congressman from that
section, and for their benefit modified
form of obligation had to be authorized.
This was done by the act of July IL,
1868.
OF late, the test oath, with its brist-
ling points, designed to catch the con-
science of the unwary, has become a
useless absurdity, like scarecrow in a
cornfeld after the crop has been har-
vested Whenever it is administered
in the House it excites smiles on the
faces of the large number Of members
who cannot take it, and who are called
up afterward to take the modified oath.
The absrrdity of it's continuance was
strikingly shown at the opening of the
present session, when the House ex-
tended the exceptional courtesy to the
late Vice President of the Southern
Confederacy of allowing him to choose
his seat before any one else but Mr..
Dawes, after he had been obliged to
wait with the great body of Southern
members until all who could take the
''iron-clad' oath had been sworn be-
fore he could be qualified.
1t is a curious circumstance that Mr..
Maynard, who drafted the ''iron-clad, :"
is to introduce the bill for its repeal
The text of this famous historic oath,
soon to be swept from the statute book,
may be of interest to the reader. 1t is
as follows:
Il, A. B., do solemnly swear or af-
firm, that | have never voluntarily
borne arms against the United States,
since I have been citizen thereof; that
l have voluntarily given no aid, coun-
tenance, 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 what
ever, under any authority OF pre-
tended authority, in hostility to the
United States; that l have not yieldeda
voluntary support to any pretended
Government, authority, power, or Con-
stitution within the United States, hos
tile or inimical thereto, And l do
further swear or affirm, that to the best
Of my knowledge and ability Twill sup
port and defend the Constitution Of the
United States against all enemies, for
eign and domestic; that I will bear true
faith and allegiance to the same; and
that I take this obligation freely, with
out any mental reservation, or purpose
of evasion; and that | will well and
faithfully discharge the duties Of the
Office ON which l am about to enter, so
help me God"