Charles Sumner: his complete works, volume 17 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 17 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
Looking at the text of the Reconstruction Acts, the conclusion of
reason is confirmed by a positive requirement. By the ninth section of
the Act of July 19, 1867,[196] it is provided,--
“That all members of said Boards of Registration, and all
persons hereafter elected or appointed to office in said
military districts, _under any so-called State or municipal
authority_, … shall be required to take and to subscribe the
oath of office prescribed by law for officers of the United
States.”
Senators find ambiguity in the terms “under any _so-called State_
or municipal authority”; but I submit, Sir, that this is because
they do not sufficiently regard the whole series of Reconstruction
Acts and construe these words in their light. If there be any
ambiguity, it is removed by other words, which furnish a precise and
unassailable definition of the term “so-called State authority.” By the
Reconstruction Act of March 2, 1867, it is provided, “that, until the
people of said Rebel States shall be by law admitted to representation
in the Congress of the United States, any civil governments which may
exist therein shall be deemed _provisional only_, and in all respects
subject to the paramount authority of the United States.”[197] This is
clear and precise. Until the people are admitted to representation,
the State government is “provisional only,”--or, in other words, it is
a “so-called State authority.” Now the Legislature was elected under
“so-called State authority,”--that is, under a State constitution which
was “provisional only.” Therefore, according to the very text of the
Reconstruction Acts, one interpreting another, must this test oath be
required.
If it be insisted that the Legislature was not elected under “so-called
State authority,” pray under what authority was it elected? Perhaps it
will be said, of the United States. Then surely it would fall under the
general requirement of the Act of July 2, 1862,[198] prescribing the
test oath to all officers of the United States. But I insist upon this
application of the statute only in reply to those who would exclude the
Legislature from the requirement of the Reconstruction Act. I cannot
doubt that it comes precisely and specifically within this requirement.
This conclusion is enforced by three additional arguments.
Public-domain text, read in full here on John Shaqi.
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