CONGRESS, UNITED STATES. (REPEAL OF THE TEST-OATH.) 



209 



giving countenance, counsel, encouragement, 

 etc., to those engaged in armed hostility to the 

 Government. It also tests the fidelity of the 

 affiant as to the acceptance of office, or the ex- 

 ercise of the functions of any office whatever, 

 etc. With permission, I place the oaths re- 

 quired of us, or what should be required, in 

 juxtaposition, thus: 



Good oath of bad rebel who Bad oath of good patriot 

 did not support, etc., the ivho did support, etc., 

 Government. the Government. 



I do solemnly swear that I do solemnly swear that 

 I will support, Wotect, and I have never voluntarily 

 defend the Constitution borne arms aeainst the 

 and Government of the United States since I have 

 United States against all been a citizen thereof ; that 

 enemies, whether domes- I have voluntarily given 

 tic or foreign, and that I no aid, countenance, coun- 

 will bear true faith and sel, or encouragement to 

 allegiance to the same ; persons engaged in armed 

 that I take this obligation hostility thereto ; that I 

 freely, without any men- have neither sought, nor 

 tal reservation or evasion ; accepted, nor attempted to 

 and that I will faithfully exercise the functions of 

 perform all the duties any office whatever under 

 which may be required of any authority, or pretend- 

 me by law: So help me e.d authority, in hostility 

 God. to the United States ; that 



I have not yielded a vol- 

 untary support to any pre- 

 tended government, au- 



ConttUutional oath, as it thority, power, or consti- 

 ought to be. tution within the United 



I swear to support the States hostile or inimical 

 Constitution of the United thereto. 

 States : So help me God. And I do further swear 

 - -Article VI, section 3. that to the best of my 

 knowledge and ability I 

 will support and defend 

 the Constitution of the 

 United States against all 

 enemies, foreign and do- 

 mestic; that I will bear 

 true faith and allegiance 

 to the same ; that I take 

 this obligation freely, 

 without any mental reser- 

 vation or purpose of eva- 

 sion, and that I will well 

 and faithfully discharge 

 the duties of the office on 

 which I am about to en- 

 ter : So help me God. 



" One of the ridiculous features of these two 

 legalized oaths is, that it forces a person to 

 swear that while he is taking the oath he is 

 not forswearing himself, that he has no men- 

 tal reservations, that he is playing no sleights 

 with his conscience, no thimble-rig with words. 

 He swears that he is not lying ; while the man 

 who is yet supposed by some to be, or has 

 once been, obnoxious to our laws, judged by 

 this very test-oath, swears the lovely oath of 

 loyalty. The difference between these oaths is 

 apparent. In my judgment, the only constitu- 

 tional oath that ought to be is: 'I swear to 

 support the Constitution of the United States. 

 So help me God ! ' (Article VI, section 3). 

 Such an oath would be applicable to us all. 

 There would then be no two classes of men, 

 differently sworn, yet sitting side by side as 

 equals. 



" All this bill proposes is to repeal the act of 

 VOL. xxiv. 14 A 



July 2, 1862, and such sections of the Kevised 

 Statutes of the United States as perpetuate the 

 oath prescribed in said act, which is the ' iron- 

 clad ' oath. It thus makes all the oaths taken 

 in this chamber like the one first referred to. 

 It may not be known, but it is true, that this 

 long test-oath was repealed by the act of April 

 20, 1871. It was never re-enacted, except in 

 the Revised Statutes and by indirection, though 

 the act of June 22, 1874, makes this, and all 

 other revised acts, the law of the land." 



In opposition to the measure Mr. Boutelle, 

 of Maine, said : "We hear a great deal said in 

 deprecation of exciting sectional animosities, 

 and reviving sectional issues. I ask the gen- 

 tleman from New York why he brings this 

 sectional question in here to-day ? We are liv- 

 ing, sir, under a law in regard to our oaths 

 which was adopted many years ago; a law 

 which was supported by the gentleman from 

 New York himself. I know of no reason what- 

 ever, I can understand no special cause for ar- 

 resting the proceedings of this body to change 

 the nature of the obligation which 'is assumed 

 by the representatives of the people upon en- 

 tering on their duties here. The gentleman 

 says we ought not to have two oaths here. I 

 want to say to him that we are not responsible 

 for the fact that two oaths are required. 1 

 want to say to him that the loyal people of 

 this country are not responsible for the fact 

 that gentlemen on the one side or the other of 

 this House are unable, unfortunately, to take 

 that oath which I believe men should, under 

 ordinary circumstances, be required to take 

 before entering upon the legislative duties of a 

 body like this, an oath that they had never at- 

 tempted to destroy the government of their 

 country. 



" I understand perfectly well, Mr. Speaker, 

 that we have had peculiar experience in this 

 country. I understand perfectly well that we 

 have modified the ordinary procedure. I do 

 not undertake to question the validity of the 

 seating of any member upon this floor. I do 

 not undertake to cast any reflection upon any 

 gentleman who is unable to take the iron-clad 

 oath in this body. But when we are informed 

 that there is an impropriety, or a hardship, or 

 a lack of generosity in insisting that the oath 

 of loyalty shall stand, for those who choose to 

 take it, I think we are going faster than the 

 country calls for." 



The discussion was very brief, and the rules 

 were suspended and the bill passed by a vote 

 of 185 to 14. February 27, in the Senate, the 

 bill was reported back by the Judiciary Com- 

 mittee, to which it had been referred, with an 

 amendment striking out everything after the 

 enacting clause, and substituting the follow- 

 ing: 



That section 1218 of the Eevised Statutes of the 

 United States be and is hereby amended so as to read 

 as follows : 



" SEC. 1218. No person who held a commission in 

 the Army or Navy of the United States at the begin- 

 ning of the late rebellion, and afterward served ir 



