Year: 1870

Indiana should be adopted. We all ad


NIT that the obligation TO support tn


Constitution is as binding on every citizeI
of the United States as an oath can maxi


1t, and that in fact oaths in most cases arr


of no effect to have a most solemn ac


Acknowledgement of the duty that the oaif


seems to many to impose; but it does ado


something to the guilt of the party thai


at the time he engaged in the rebellion hG


was actually under the obligation of al


oath to support the Constitution.


l. / shall favor the amendment If the OBJ
| ject is to exclude those who were in the
actual exercise of these offices, and there
fore under the binding force of theiI
official oaths at the moment that they EN-


barked in the rebellion. Whatever view


the majority have of it of course should
govern the language employed but un-
derstanding that the word sEoath' is here
introduced to designate that class of per-
sons, shall vote with the Senator from
Indiana for his amendment 1t would


have been sufficient if the other view was
to prevail, to have said that no one who
had ever held Office under the General or


State Government should have these priv
| ileges, and then there would be no neces-
sity of course for introducing this amend


ment. l hope that it win prevail, because
while it will exclude very great many,
| it will still leave some TO hold Office in
the Southern States, especially in those
States where they will have very few
qualified persons, and where many, we
may infer, have less degree of guilt at
least than those whom this amendment
| will exclude.


MIR. Johnson-l am opposed to the
amendment as proposed by the committee
and shall vote therefore, for the amend
ment suggested by the member from In
diana, because the former excludes too
many persons from eligibility to Office.
All history shows, as / think, that OF The
conclusion of civil law, the more mild,
consistently with the safety of the coun-
try, the measures are which are adopted,
the better for the restoration of entire
peace and harmony. The effect of the
amendment of the committee will be to
embrace nine-tenths, perhaps of the gen
tlemen of the South to disfranchise
them until Congress shall think pro-
per by a majority of two-thirds of
each branch to remove the restriction
have no idea that with provision like
this, the constitutional amendment will
receive the sanction of any Southern
State, for if the suggestion of the mem
her from Indiana is not adopted, then all
who have ss any time held any Office un-
der the United States. or who have been
in sny branch of The Legislature of q
State, which they could not be without
taking the oath required by the Constitu-
ton of the United States, are to be ex-
cluded from holding the office of Senator
or Representative, or that of an Elector
for President, or any Office, civil or mill
tary, under the United States, and not
satisfied with that, all who have held Of
fee under any State, military or civil, leg
islative or judicial, are to fall within the
inhibition.


Mr.. Fessenden- Those who have been
members of State Legislature @


Mr.. Johnson-And all that have held
Judicial office, they are obliged to take
the oath. -.-


Mr.. Fessenden-The Senator will OBJ.
serve it is following the constitutional
provision. -


Mr.. Johnson-I know it is, but all the
members of the State Legislature, all the
Judicial officers of the State, are COM
PEELED to take the oath prescribed by the
constitution of the United States, and ]
suppose it is fair to estimate that persons
will be excluded who held Office
twenty or thirty years ago, as well
as those who held Office at the time the


rebellion broke out. Now put it to Sena-
tors to say whether they think that these
Southern States will with such restric-
ton as that accept this Constitutional


amendment. If the amendment was in
separate articles, so that each article
might be acted upon separately by the
States, the rejection of some of the ar
ticles would not be so fatal perhaps as
will be a rejection,of the whole Suppose
the whole is rejected and it must be if
I any,part is, where are WEI Just where we
| are now. As far as arms are concerned


peace has returned, as far as harmony
is concerned, peace is apparently
as far off as ever, and what is to be the eff
feet upon the prosperity of the States which
are to be kept in this condition of thral-
dom Who will go as immigrants into the
Southern States? Who will invest their
capital? Who will engage in the cultiva-
ton of cotton, of sugar, and Of rice And
Just in proportion as these products are
lessened, just SO in proportion is the pros


perity of the whole country delayed 1 have
had occasion to say moro than once, and
the idea is so fully impressed on my mind,


that L hope the Senate will excuse


me for reiterating it, that we ought


to consider it is due justice to


consider, it is due to generosity and mag


nanimity to consider that many of the
men who will be excluded by this con-
stitutional amendment from sharing in


the honors of the country, believe that the


constitution as it stood gave them the


right to secede. Illegal as the notion was


in my Judgment, yet some of the brig ht-
est intellects In the country, North as well
as South, MAINTAIN the same doctrine, and
the war therefore in which we have been
engaged was not a war like the civil wars
which have existed, in other. counties


1t was war growing out of a difference of
constitutional opinion to say moth
ing of anything else. The opin-
ion entertained by the South was
as honest as the opinion, entertained by


the North-wrong, dangerous, unconstitu-
tional, inconsistent, as 1 think it is, with


the continuance of any Union to be formed
the States of the United States, but still
honestly entertained Now they have be-
come satisfied by the result of the conflict


that their doctrine was one which could not
be maintained and ney5r will be suffered
to exist as long as the people Of
the United States are true to the


interests and the prosperity and renown Of
the country. Why, then, should we ex-
clude the numerous class that will be ex-
cluded by this provision Do you not


want to act upon the public opinion of
| the masses of the South? Do you not
want to draw them back to loyalty? and
if you do, why strike at the men, who of
all others, are the most influential, and
can bring about the end which we all have


at heart? That my friend from Indiana,
properly construes the obligation of that


oath have no doubt. 1 think every law
yer in the Senate would say, every states
| man in the sound of my voice would say,
that for no act done after the termination
| of the official term of the officer iucon-
sistent with the constitution of the


United States sworn to by him who had


been the incumbent of the Office,
could he be indicted for perjury, and if he
| could not be indicted for perjury, it could