Philadelphia: 1864. 38pp. Disbound, last two leaves loosened, center crease. Signature of Bayard on a yellow slip of paper pasted at head of title. Good+.
The 1862 Test Oath required elected or appointed federal officials to swear or affirm that they had not engaged in disloyal conduct. Bayard, "the only member of the Senate present at this session who has not taken the oath," explains his position: the oath is unconstitutional, requiring an affirmation different from the one prescribed by the Constitution. He opposes it as "an expurgatory test-oath, retrospective in its character, and covering the events of the affiant's past life. The Constitution prescribes an oath appealing to the conscience alone for the future performance of duty." Bayard would, in protest, take the oath and resign his seat.
Bartlett 356. Sabin 4030n. Not in LCP. Item #31967