Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-12-31

these are the only exceptions and these al not include
colonies IN the rebel army officers Of lower rank lieu
or officers Of lower rank in the rebel navy Govern
" OF legislators which betrayed their States by perjury
a"u treason INTO Ine rebellion, or members OF rebel con
ventons which did the Nor do these exceptions IN
cude those who mobbed, whipped robbed and murderec
Union men for their loyalty to the Government All these
not parakng also of the character Of those
excepted may forward and prescribed
and keeping it little while shall not only their lives
liberty and property but shall be re-enfranchsed with TINT
sovereignty which they abdcated by their rebellion
exclusion OF all Others who though they may have been
ever loyal through much suffering will not consent
to hold their sovereignty at the will of the Chief
by submission to any test not recognised by the Cons
tuition and the laws qualification for the exercise Of
the freemans elective franchise
1t is true that if the loyal mepf Tennessee and other
Seeded States shall find means and opportunity in sd-
vance OF the organization contemplated reOrganze
their State Governments the President at liberty by
terms of his proclamation to reorganze such Govern
ment to the exclusion, of course of subsequent ogan
izaton-supposirg such recognition necessary But if
In Tennessee 4600 men, qualified voters by our former
election lawsbe they all rebels q mixed party-shall
take the oath prescribed and organize anticipation Of
other organization, State Government an adopt
State Constitution consistent with said OATH repub-
in FORM the President binds himself TO recognise the
same and to protect such preenson of Government by
the power of the General Government against the remain
ing 10000 voters of the State should they not acquesce
Il speak in round numbers and from memory in
10 the Presidential vote Of 1869 Should these seek
restore the authority of the Constitution of Tennessee
s-nay though this nine-tenbs of the population of
Tennessee should embrace the fifty or seveny-fve thou
sand real loyal men of the State and though they should
amend tho Constitution Of the State to abolish sIa-
4 49,. e - con. N
have secured its recognition the P esdent binds him
self to bring the nneenhs who decline his test oath into
subsection to the TENTH and to the sword of the
nation (if called on) to that end
raise question OF the legal or moral right Of the Presi
dent to make with rebels in the extension to hem of
the amnesty which pertains his prerogatve No doubt
many rebels and not few OF the bsser sort will make
hsste to accept the terms proposed 1t may not require
long time to in 1900 such persons in Tennessee
qualified voters by the former election laws of the State
equal to tenth of all the votes cast for President in 1860
1t is not probable that the loyal of Tennessee will
make rush upon the officers which may be appointed TO
receive this test Some loyal men may indeed take the
prescribed oath, but il not such should comply then
these 800 regenersted rebels empowered organize
State Government, excluding from participation in such
organization all others This oath shall be indeed
very BY and with it, if all may not be saved
yet surely many may be who wicked the worst
but without it may be saved by or for his own
righteousness What promise and prospect is this Oh
Union men 81 the South, which is opened up by the
Chief Magistrate with whom have stood, and whom we
have sustained, through evil aud good reports They
shall come from the east and from the west from the
north and from the SOUTH and shall sit down'-with
whom shall ! say Tin the kingdom" which tha be-
while the children of the Kingdom shall be cast out"
We have kept the commandments and ordinances blame
less We have observed the ancient covenant We have
not bowed the knee to Baa We have left father and
mother and and children and houses and lands for
our Governments sake. But by the deeds of the law
shall no flesh be justified"
Though the temptation is great not, however, dis
posed to treat this grave subject with rdcue
Has the natural right Of the peoples sovereignty dissp
peared7 Can the President ~ Prucramatruu,
sovereignty be constituted 10 it's entirety the
oountrys enemies and dsranch Sc by bare omission Of
bis peu or an excluding clause of four words fifty thou
sand sovereign citizens Of Tennessee and many ten thou
sands other Ststes Or has this been oversight of
the Presden1 We look in vain in his proclamation
accompanying message for any recognition mention Of
the loyal Of the South 1t is surely no. found 10 the
following passage Of the last named document: There
must be test by which to separate the opposing ele
nts t. build ouy from the sound and that test
sufficiently liberal which accepts sound who
VIII make eWOTn Tecantdt0n OF his former
soundness" Or in this: For thsse and other reasons
it is thought best that support of these shall be
included in the oath and it is believed the Executive
may lawfully claim it in return for pardon aud restora-
ton forfeited rights which he has the clear constitu
tioaa power withhold altogether, grant upon terms
which he shall deem wsest for the public interest" II
is manifest from careful consideration of these passages
and their context that the President only tenders his test
ih Of souuduess to those who have need to recant their
former unsoundness and that it is only believed that
the Executive may lawfully claim it 10 return for p,rdon
and restoration Of forfeited rights" But it is equally
manifest from the clause of his proclamation quoted at
the head Of thess comments that all others who have
taken this OATH and kept long enough to vote
excluded from participation ia the contem.
plated.
In what category them do the Union of the South
stand 10 the proposed arrangement 1t is most manifest
that the President intends TO guere their loyalty alto.
geher else he Intends by quasi recognition Of dis
solution Of the Union and the dogma Of complete State
sovereignty to impats unsoundnes to those who have
at all times been loyal to the Constitution the Govern
ment the Union. One thing at east s clear that the
President tenders the oath prescribed to him who may
take condition Of Ex cutve cemency aud require
Of him this test and receives it, recqntatun of the
former unsoundness Cf repentant rebel He claims IL
AS lawful right Of III, Chief Magistrate to require this
condition Of pardon aud consideration for the re-
stoston Of forfeited rights which he has the clear const-
tutiona power to withhold altogether" Then he who
t.La aath ihgI t.ba IL.