, 1866-04-25

THE REPORT ON the TEST oar11,

aAAot kAsN 4nQ IIluft 4ddfG3S+
syAddrrss "cH1CAGo TRIBUNE" Chicago, III
WEDNESDAY, APRIL Is, 1855.
THE REPORT ON the TEST oaraI.
The report Of the Judlclasy Committee Of
the House against the repeal, modification or
dlsref1rd OF the test oath, made through Its
chairman, btr. Wilson, Of Iowa, aud published
In cur columns to-day, is m able, patriotic
and statcsmanlike document, which We hope
every one Of our readers will not only read
carefully himself, but see that an his neigh
bors read.
The report lrst proceeds to show that the
rebellion derived It's strength from the vnst
number Of members OF Congress and officers Of
the Government, who, while bound by solemn
oath to uphold the Constitution, used alt the
power Of thcIs offices TO overthrow it. Sena~
tor Yulee's letter shows that the Senators of
the seeding States agreed In caucus to retain
thcls seats a{1er their States had seceded,
long enough to prevent Congress from pass
Ing force, loan and volunteer bills which
would enable the President TO save
the Government. Men who could thus pro-
fcss In public public to respect their oath Of
office, and In private arrange for the destruc-
tion Of the Government, wcrc simply perjurel.
It would be madDess 10 permit them to re-
turn to any Federal Office wlntcvcr. Yet the
men who controlled the State Governments
Of tic eeceded States, their Governors and
members Of the State Legislature and all
other State officers, were bound br the same
oath TO support the Constitution Of the
United States, and equally perjured them
selves In entering into the rebellion.
-. x1~a AL 3rf3
Of Congress md the country that the Ordinary
oath Of Office would he Of no service to guard
against treason from such Men in the future.
In this conviction they passed tue act Of lstsa,
excluding from Fedcral Office any who had
taken part IL the rebellion. It was not pass
ed Tor my temporary reason OF purpose, but
for rcasops " vh1cl are as sound, and objects
which are us desirable to-day rs they were in
1ssa.
Because these traitors have failed once, in
one form, II docs not follow that, II they are
rciurcsted with Office and power, they might
not succeed In some other form. II was TO
guard acaius. such n danger in future that
the test cath was cnnc,ea. The Committee
believe That Congress will adhere 10 1t. True
men can be found In all the States, and none
others should be selected. They quote Pre-
idcnt tJolnson's repeated affirmation Of this
doctrine, that traitors should to an time BE-
excluded from office, and that loyal .nen,
however few In numbers, elonla noao al
tho Offices. The test oath ensures
inst this result It *'I.~Ses treason odious"
and .scauscS rebel 70 take back seat6 IN the
work Of recrstfuct1on."
Tie PRESIDENT, secretary McCulloch and
Postmaster General Dcnnison ask Congress 10
A,&~ ILL., l.
hold office. They allege that proper loyal
men could not be found in the South to take
the Offices, aud therefore they concluded to
''dispensc With" the test oath and appoint
rebels.
The Presidents duty is to execute the laws.
He has no discretionary power to violate
them himself, to allow two OF his Cabinet
officers to violate them, ma Still punish 9TH
crs Tor their violation. Ifhc thought pas-
tlcular Jaw should be repealed, 1t Was his
duty to call Congress together and ask the
law-mnkinE power to repeal 1t. Atthnt time the
President, By his letters TO Governors shatkey
and Marvin, acknowledged that Congress had
entire control over reconstruction, and,
Therefore. had lie convened Congress at that
time, there could hare been no coutlict be
tween tbe law-uaklng and the law executing
power. 1t was his duty, therefore, 20 assem-
BILE Congress and ask them 10 modify the Law.
lustcaa Of his, he chose to dssobey it. In
so doing, he subjected himself legally to the
same criminality and liability to punishment
as any other Officer who dlsobeys Inv. In
Aity-hyc instances The Secretary oitle Treas-
ury, in violation Of The law, appoints rebels
IL otice. In ono instance, u Confederate Col
1ector, whuse sons were NIL In the rebel army.
is appointed ty the Secretary, aud tAcy all
@.suck Government pap" together.
What prctcnee exists for these nfly.Hye yio-
la,icns 0f the law Il Is not true that proper
lpya1 men could not be found to hold tbe
oGces. The committee show tint over inv
thousand white men entered the En..n arnv
from these rebel States, and from these u,ne
nil the offices could be filled. Congress has
long since recommended that Federal soldiers
should he preferred for appointment to all
offices In the gift OF the FEDERAL Government.
The President has endorsed, by circular, this
congressional recommendation, though
without naming It. Instead Of himself COM
plying With tlis policy, the committee show,
among other instances, that a loyal citizen Of
Alabama, air. J.. ]. Giers, who has
ecrrcd the Government throughout the
war, md whose character and capa-
city were endorsed by hIr. Lincoln, Gen.
George II. Thomas. Gen. Grnnt, and by
Andrew johnson hinsc1G when Governor Of
Tennessee. was denied m appointment which
he applied for as taI collector IN his own
State, and the appointment was given instead
10 Mr.. Sykes. n member Of the rebel Lesisla-
ture OF Alabama-in direct violation or the
test~outh law.
The Secretary even sneers nt the loyalty Of
the prOfcssed Union men who apply for these
ot1iccs, Ms 1ncn OF no social position md states
nis preference for the mcn of'' character md
Intelligence who supported the rebellion"
Tic Postmaster, on the other hand, says that
the pay is not enough to induce loyal raen to
take tic offices. Here we have from the two
Secretaries the marvellous statement that
Southern rcbels Of social position aud intclli-
gencc will take Offices at a lower pay
than the OBSCURE md lllitcratc poor men who
sustained the Union cnusc! Tie committee
report thai loyal mcu~ will take office nj rs
lou salaries as rebels, that where the prcpon-
dcrnncc Of rebel sentiment is such thnt loyal
men would be 1ntimidated from taking Office
rs postmastcrs the people do not deserve TO
lnye post office facilities, md thal any rebel
sentiment which would object to loyal man
acting as tax collector, would best he counter
actea BY appointing loyal man. aud only en-
ccurugcd by appointing q rebel.
To appoint rebels to Office over the heads
OF Union men, ns thc President md lis two
Sccrcta,ics hnrc done, because the majority
OF the people Of the ylciuity y are rebels, offers
n punishment Tor loyalty md premium for
tsceson.
Thousands Of loyal men stand ready to fill
all offers and Il is NOT only a crime aea1pst