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>>>...Solemn oat of office Part 1 

 

The Solemn Oath of Office part iI

The Test Oath

The war-inspired a Test Oath, signed into law on July 2, 1862, required "every person elected or appointed to any office ... under the Government of the United States ... excepting the President of the United States" to swear or affirm that they had never previously engaged in criminal or disloyal conduct.

 

Those government employees who failed to take the 1862 Test Oath would not receive a salary; those who swore falsely would be prosecuted for perjury and forever denied federal employment.

 

The 1862 oath's second section incorporated a more polished and graceful rendering of the hastily drafted 1861oath.

 

Although Congress did not extend coverage of the ironclad Test Oath to its own members, many took it voluntarily.

 

Angered by those who refused this symbolic act during a wartime crisis, and determined to prevent the eventual return of prewar southern leaders to positions of power in the national government, congressional hard-liners eventually succeeded by 1864 in making the Test Oath mandatory for all members!

 

The Senate then revised its rules to require that members not only take the Test Oath orally, but also that they "subscribe" to it by signing a printed copy.

 

This condition reflected a wartime practice in which military and civilian authorities required anyone wishing to do business with the federal government to sign a copy of the Test Oath.

 

The current practice of newly sworn senators signing individual pages in an elegantly bound oath book dates from this period.

 

As tensions cooled during the decade following the Civil War, Congress enacted private legislation permitting particular former Confederates to take only the second section of the 1862 oath.

 

An 1868 public law prescribed this alternative oath for "any person who has participated in the late rebellion, and from whom all legal disabilities arising there-from have been removed by act of Congress."  

 

Northerners immediately pointed to the new law's unfair double standard that required loyal Unionists to take the Test Oath's harsh first section while permitting ex-Confederates to ignore it.

 

In 1884, a new generation of lawmakers quietly repealed the first section of the Test Oath, leaving intact today's moving affirmation of constitutional allegiance.

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