Charleston Daily Courier/April 9, 1869

Although in this State the disqualifications from suffrage have been removed, yet under the Fourteenth Amendment the disqualifications from office still remain. All who held any office under the State or Federal Governments and took an oath to support the Constitution of the United States and afterwards participated in or aided the Confederate States in the late war are still excluded from any office of honor or trust.

Congress, however, under the terms of the amendment may by a two-thirds vote release these disabilities.

Although frequently invoked both upon principles of public justice and welfare, to remove all these penalties of past political differences, Congress has as yet failed to respond to these demands of peace.

These disabilities still remain upon the statute book and are every day enforced in violation of that fraternity and harmony which should characterize a people who acknowledge but one Government and no other allegiance than to its common Constitution.

It is over four years since the sword and the rifle have been laid aside for the plough and the loom. The conflict of arms has long since given place to the pursuits of peace. It is time, therefore, that the passions of war should subside, and that the legislation alone suited to a condition of hostility should cease in the presence of a restored concord.

This was the plain path of wisdom in Congress. And in not following in this way, and obeying the evident desire of the public welfare, Congress, in our judgment, has committed a grave error.

How can we be one people as long as the distinctions of war are preserved and the badges of inferiority conspicuously displayed upon the statute book?

Can this be consistent with universal peace, harmony and order?

Is not rather the presence of such a law an attack upon the civilization of the age, the unity of the present, and the prosperity of the future?

But not only has Congress not passed any general Act relieving of the disabilities of the Fourteenth Amendment, but it has of its own volition enacted an oath of office which excludes many who do not come within the inhibitions of the amendment.

This oath, commonly known as the test oath, applies to all whether they held office previously or not, who either aided or sympathized in any way with the cause of the Confederate States. It extends not only to the acts but to the feelings and the sympathies. No one can either be a representative in Congress or hold any office under the United States without subscribing to its terms.

It goes beyond the Fourteenth Amendment. Passed in July, 1862, in the very midst of the heat and strife of the late civil war, it has now no longer any mission or purpose save that of dissension and strife.

It should be promptly repealed.

Now that, beyond all dispute, we are under one Government, the common need is that the Union be restored.

So far this resolution has not been accomplished. States are still kept under military power; citizens are still under the ban of disqualifications and political penalties; distinctions are still preserved upon the statute book. Nearly five years have passed and yet the dove of peace has scarce yet found rest for the soles of her feet. The simple truth is that party has heretofore been the only impediment to restoration. This has placed in the way of harmony its various Bills of penalties and disqualifications.

When these are swept away the country will breathe more freelv. There will then be an equality of right as there is an equality of allegiance. As there are no distinctions as to fealty so then there will be no distinction as to privileges.

Senator TRUMBULL, as Chairman of the Judiciary Committee, proposes to modify the oath of office. In this he has done well. He has taken a step forward in the right direction.

Let him advance still further and propose a Bill relieving from all the disabilities of the Fourteenth Amendment.

Then indeed will the people of every section feel that they are once more united, for then all distinctions as to rights will be abolished.