Lynchburg: Virginian Power-Press Printing Office, 1865. 23, [1 blank] pp. Stitched in original printed pink title wrappers [some ink spots and extremity wear]. Else Very Good. Presentation copy: "For Lewis E. Harris, with friendly regards of C.L. Mosby."
The Congressional Test Act barred from federal office any person who could not swear that he had "never voluntarily borne arms against the United States," or given "aid, countenance, counsel, or encouragement" to persons who had done so. The Test Act meant that leaders of the pre-War South were barred from returning to their accustomed Congressional sinecures. Mosby, a well-regarded Virginia lawyer, was the cousin of the notorious Confederate partisan John Singleton Mosby. "Charles L. Mosby's father was Wade Mosby, a horse racer, the owner of Duroc, sire of American Eclipse. He lost his property, and General John H. Cocke, of Fluvanna, loaned C.L.M. money to take law at the University of Virginia" [Watson, page 250].
In the form of two letters to his friend F.B. Deane, Jr., Mosby argues that the Congressional Test Act is unconstitutional. Article I of the Constitution prescribes the qualifications for prospective members of the House of Representatives and Senate. So long as the candidate satisfies those requirements-- age, citizenship, and holding no other federal office-- he cannot be denied his seat. "These are ancient Constitutional rights held in reverence from the foundation of the government." Contrary views "wholly misapprehend" the Constitution. He justifies his position with learned argument and precedent.
Haynes 12695. Not in LCP, Bartlett, Blockson, Harv. Law Cat., Marke. OCLC 6408839 , 35236478  as of July 2020. Hughes, A Thousand Points of Truth. The History and Humanity of John Singleton Mosby in Newsprint. Watson, 'Notes on Southside Virginia,' in XV Bulletin of the Virginia State Library 250. September, 1925. Item #36945