Joseph Story: Oaths of Office - Religious Test - Ratification of Constitution

Commentaries on the Constitution of the United States (1833)by Joseph L. Story

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Oaths of Office - Religious Test - Ratification of ConstitutionSec. 1837.Sec. 1838.Sec. 1839.Sec. 1840.Sec. 1841.Sec. 1842.Sec. 1843.Sec. 1844.Sec. 1845.Sec. 1846.Sec. 1847.Sec. 1848.Sec. 1849.Sec. 1850. FOOTNOTES
   1. This clause, requiring an oath of the state and national functionaries to support the constitution, was at first carried by a vote of six states against five; but it was afterwards unanimously approved. Journ. of Convention, p. 114, 197. On the final vote, it was adopted by a vote of eight states against one, two being divided. Id. 313. The clause respecting a religious test was unanimously adopted. Id. 313.
   2. The Federalist, No. 44; 1 Tuck. Black. Comm. App. 370, 371; Rawle on Constitution, ch. 19, p. 191, 192.
   3. 2. Pitk. Hist. 22; 1 Secret Journ. of Congress, June 25, 1778, p. 374.
   4. Act of 1st June, 1789, ch. 1.
   5. Lloyd's Debates, 218 to 225; 4 Elliot's Debates, 139 to 141.
   6. See also M'Culloh v. Maryland, 4 Wheat. R. 415, 416.
   7. See 4 Black. Comm. 44, 59, and ante; Vol. I, § 53.
   8. 4 Black. Comm. 52, 53.
   9. 4 Black. Comm. 54, 55.
   10. 4 Black. Comm. 57.
   11. See also 2 Kent's Comm. Lect. 24, (2 edit.) p. 35, 36; Rawle on the Constitution, ch. 10, p. 121; 1 Tuck. Black. Comm. App. 296; 2 Tuck. :Black. Comm. App. Note (G.), p. 3.
   12. See ante, Vol. II, § 621.
   13. Ante, VoL. I, § 279.
   14. The Federalist, No. 43.