[Twenty Years of Congress, Volume 2 (of 2) by James Gillespie Blaine]@TWC D-Link book
Twenty Years of Congress, Volume 2 (of 2)

CHAPTER V
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In the face of the law requiring an oath that would necessarily exclude all such men from Federal offices, they have elected, with very few exceptions, as senators and representatives in Congress, the very men who have actively participated in the Rebellion, insultingly denouncing the law as unconstitutional." The oath referred to in the foregoing extract from the committee's report is that popularly known as the "Ironclad oath," prescribed by the Act of July 2, 1862, to be taken by every person elected or appointed to any office of honor or profit under the Government of the United States, either in the civil, military, or naval departments of the public service, the President alone excepted.

The officer, before entering upon his duties or receiving any emolument, was compelled to swear that he had "never voluntarily borne arms against the United States;" that he had "voluntarily given no aid, countenance, counsel, or encouragement to persons engaged in armed hostility to the National Government;" that he had "neither sought nor accepted nor attempted to exercise the functions of any office whatever under authority or pretended authority in hostility to the United States;" that he had "never yielded a voluntary support to any pretended Government within the United States, hostile or inimical thereto." Of course the men who had been waging war against the Government could not take this oath except by committing perjury and risking its pains and penalties.

But nothing daunted by the existence of this obstacle at the threshold of public service, the most notorious rebels sought election to the Senate and House, boasting that they would prove the unconstitutionality of the Ironclad oath, and demand their seats.
Alexander H.Stephens "had the assurance," as the committee already quoted declared, "with that oath staring him in the face, to lay his credentials on the table of the Senate as a senator-elect from Georgia." When Congress adjourned, March 3, 1865, Mr.Stephens was acting as the Vice-President of the rebel Confederacy.

Six weeks later the Confederacy was destroyed, and with a political agility unparalleled, with a degree of presumption unprecedented, Mr.Stephens secured an election to the Senate, and was in Washington at the ensuing session of Congress, asking admission to a seat as cooly as if every living man had forgotten that for four years he had been exerting his utmost effort to destroy the Constitution under which he now claimed the full rights of a citizen.

In his astounding effrontery Mr.
Stephens even went so far as to insist on interpreting to those loyal men, who had been conducting the Government of the United States through all its perils, the Constitution under which they had been acting, and to point out how they were depriving him of his rights by demanding an oath of loyalty and good faith as the condition on which he should be entitled to take part in legislating for the restored Union.


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