Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-04-11
A Change Of Base.

| For that reason, We might oecilhe W
publish KS second letter. But as he
ian able constitutional lawyer, as we
have before said) absndons his former
position, and presents the question of
disabilities in now form, We give him
a hearing, ct the same time begging
pardon Of another friend whose commu-
nication, almost identical with KS in
substance, we declined to publish be-
cause there was nothing in it to dispute
about.
wss General Bswtss Really Ever Usdsr the
PsI,neaI DissbIIities Iapsssd sv the Third
s.cttsb Of the Fsurteenth Anestmss 60
tie Constitution
TO the Editor Of the Dispatch::
In admitting that you were right in
the opinion that the proclamation Of
President johnson did not prevent the
political disabilities imposed by the
fourteenth amendment from attaching to
General Lawton and all others similarly
situated, it was not the purpose Of the
writer TO admit that such disabilities
had ever attached to General Lawton or
other officers who had been in the mill
tsry service Of the United States aud
afterwards entered that Of the Con-
federats States, but to assert 8 general
proposition applicable to all persons
who were embraced by the terms Of
that amendment.
The third section Of that amendment
provides
mo person shall - hold any ONCE.
civil or military, under the United States.
or under any eta te, who. having previously
taken an oath AZ member OF Congress, or
~ On officer Of the United States. or ~
member OF any State Legislature, or as an
executive or judicial officer OF any state. to
support tho Constitution OF the United
States. shall have engaged in ipsurreetion
or rebellion against tho - me. or given aid
and comfort 10 the enemies thereof. 80"
This is the constitutional provision
embodied in the amendment, and in or
der to attach tho disabilities thereby
imposed to any one, in addition to hav-
ing held an Office under the United
States, he must have taken an oath to
support the Constitution thereof.
Were officers in the military service
Of the United States required to take,
and did they take, an oath to support
the Constitution prior to the late WARP
The third section Of Article VI. Of
the Constitution Of the United States
provides that
THE Senators nd Re personalities before
mentioned and the members OF the several
state Legislatures, and al executive aud
judicial officers. both OF the United states
ssd Of the several States shall be bound by
oath or Affirmation to support this Consti-
tuition"
There is nothing here or in any other
part Of the Constitution requiring obi
GERS in the military or naval service of
the United States to take any such oath.
BY al act Of Congress passed in 1889,
to DO found in LIST Brightly's Digest
Of the Laws Of the United States from
the adoption Of the Constitution to the
end Of the Thirty-fourth Congress-
l7se-lS57, page 706--it is provided
that
1.-The cath or affirmation required by the
sixth article Of the Constitution OF the
United States, shall be administered in tho
form followlng-to wit, l. A. B., do Solemn
~ suedr or oplrm las the case may bel ttai
dteiu support he Constitute" Of ne United
S.dics'"
This oath was only applicable, Of
course, to such officers as by the said
sixth article were required to take it.
BY an act passed January ii, 1912,
to be found in the same Digest, page
80, in reference to the army of the
United States, it is provided that
Every officer. non com missioned officer.
uusicis II. aud private shall take and sub
scribe the following oath or affirmation
10 wat, IL a. b. dOsSieB,niy SUGAR or dyI"Bs
Gas the case may be- haf UiH bear true
Jaith and allegiance 60 the United States Of
Apserica and Adi riU serps Them HONESTLY
and JaiYyuiiy against their ensmiss or sp-
posers UhotBseersr: and thaf ~iN obserUs
and obey sbs ordsrs Of the President Of the
United ssaies. and The orders Of he officers
appoinied over ne. according 10 the rules ard
articles Of tCGr.'"
This remained the law until after the
commencement Of the lato war, and no
other oath was required of any officer
or other person in the military service
until that time. The first act requiring
any one in the military service of the
United States TO take an oath to support
the Constitution was one requiring the
cadets at West Point to take such oath.
which passed the Sd OF August, 1861,
and is to be found in Cd Brightly's Di-
gest from 1857 to 1862, page 40. On
the I'd Of July, 1862, an act was passed
framing the celebrated iron-clad oath,
which all officers in the civil, military,
and naval service were required to take,
and that contained a clause for support
ing the Constitution. This act is to be
found in I'd Brightly, page 40. Then,
for the first time, officers in the military
service were required to take an oath to
support the Constitution. OF course,
General Lawton did not take that oath.
But il may be said that Congress has
always acted as If the fourteenth amend
ment did apply to officers in the milf
tary service; to which it may be re-
piled that Congress cannot by its action
or its construction change the purport
Of constitutional provision. Though
Congress has undertaken to remove the
supposed disabilities of a number Of
persons who had been in the United
States army and afterwards took sides
with the Confederate States, the fact
remains that the disabilities imposed by
the fourteenth amendment attach only
40 of{tcaxc nf tka ITn,taS ct.sae M. "a ~