218, "An act prescribing an oath of office to be taken by
persons who participated in the late rebellion, but who are not
disqualified from holding office by the fourteenth amendment to the
Constitution of the United States," has become a law in the manner
prescribed by the Constitution, without the signature of the President.
If this were a bill for the repeal of the "test oath" required of
persons "elected or appointed to offices of honor or trust," it would
meet my approval. The effect of the law, however, is to relieve from
taking a prescribed oath all those persons whom it was intended to
exclude from such offices and to require it from all others. By this
law the soldier who fought and bled for his country is to swear to
his loyalty before assuming official functions, while the general who
commanded hosts for the overthrow of his Government is admitted to place
without it. I can not affix my name to a law which discriminates against
the upholder of his Government.
I believe, however, that it is not wise policy to keep from office by an
oath those who are not disqualified by the Constitution, and who are the
choice of legal voters; but while relieving them from an oath which they
can not take, I recommend the release also of those to whom the oath has
no application.
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