I know well the whole history of oaths, and how often they are the occasion of perjury by the wholesale. But I cannot resist the conclusion that at this moment, when we are taking securities for the future, we ought to seize the opportunity of impressing upon the people fundamental principles on which alone our Government can stand. You may exclude Rebels; but their children, who are not excluded, have inherited the Rebel spirit. The schools and colleges of the South have been nurseries of Rebellion. I would exact from all seeking the public service, or even the elective franchise, a pledge to support a republican government; and to make this pledge perfectly clear, so that all may understand its extent, I would enumerate the points which are essential. If a citizen cannot give this pledge, he ought to have no part in Reconstruction. He must stand aside.
From this requirement the bill proceeds to enumerate certain classes excluded from office and also from the elective franchise. This is less stringent than what is known as the Louisiana Bill. It does not exclude citizens who have not held office, unless where they have left their homes within the jurisdiction of the United States and passed within the Rebel lines to give aid and comfort to the Rebellion,—or where they have voluntarily contributed to any loan or securities for the benefit of any of the Rebel States or the central government thereof,—or where, as authors, publishers, editors, or as speakers or preachers, they have encouraged the secession of any State or the waging of war against the United States.
The bill then provides for executive and judicial officers, and for their salaries, under the provisional government; also for grand and petit juries; also for a militia. But all officers, jurors, and militiamen must take the oath that they are not in the excluded classes, and also the oath to support a republican form of government.
The bill then annuls existing legislatures; also the acts of conventions which framed ordinances of secession, and the acts of legislatures since, subject to certain conditions; and it provides that the judgments and decrees of court, which have not been voluntarily executed, and which have been rendered subsequently to the date of the ordinance of secession, shall be subject to appeal to the highest court in the State, organized after its restoration to the Union. Safeguards like these seem essential to the protection of the citizen.
The bill does what it can for education by requiring—
“That it shall be the duty of the governor and legislative council in each of these States to establish public schools, which shall be open to all, without distinction of race or color, to the end, that, where suffrage is universal, education may be universal also, and the new governments find support in the intelligence of the people.”
Such are the provisional governments.
The bill then provides for permanent governments republican and truly loyal. For this purpose the governor must make a registration of male citizens twenty-one years of age, of whatever color, race, or former condition, and, on the completion of this register, invite all to take the oath that they are not in the excluded classes, and also the oath to maintain a republican form of government; and if a majority of the persons duly registered shall take these oaths, then he is to order an election for members of a convention to frame a State constitution. Nobody can vote or sit as a member of the convention except those who have taken the two oaths; but no person can be disqualified on account of race or color. All qualified as voters are eligible as members of the convention.
The constitution must contain in substance certain fundamental conditions, never to be changed without consent of Congress:—
First, That the Union is perpetual;