Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1866-03-10

territory, should be excluded from all partici-
patton in such legislation. 1t is not only
contrary to Republican principles, but an out
rage on the sense of justice in despotsm, Tor
ten millions of people to be tried, condemned
AMI deprived of their civil, political and con-
stitutional rights without hearing. They
have been in rebellion, it is true, and they
have likewise been pardoned by Executive
cIemency and restored to their citizenship and
LOYALTY. There were in those rebel States
Union men who struggled bravcly to ward off
the terrible calanites Of disunion till oil pro-
lection by the United States was withdrawn
from them, and they were lef! no choice but
to become the obcdient citizens Of de f,tcto
Government. Is it right that they should DO
punished for their misfortuncs, and have no
distinction made in their favor?
IF the doors Of Congress were opened to the
representatives Of the Southern States, very
few of them could take the test oath. They
NAV have oeen ardent and Jealous Union men
at the beginning Of the struggle, but the force
of circumstances necessarily compelled them
to give countenance to the rebellion before It
was over. The United States Government
ceased to protect them, and left them subject
to another Government, which maintained its
control over them for four years. l}y the rigid
laws of England on the subject OF treason, as
we'll as by the rules of common sense and JUS
ticc. no one who submits to de .fact0 king
can be declared traitor. They saw the Uni
ted States leading indscrminate war against
Union men as we'll as seccssionists, desolating
the country burning their houses, plundcring
their provisions, and leaving them and their
! families to starve. They saw their friehdsand
kindred in the Southern army trying to defend
their country, and homes, and property, fight
ing as their forcfathers had done in the Amer
lean Revolution for the right of sclf-govcrn-
mcnt 1t would be in vain to ask such
Union man to swear re had never. in word or
deed, countcnanced the rebellion or given
aid and comfort to those who were in rebellion.
This test oath may have been politically
right whilst the war going on. SO far us 1T
applied to the officers OF the Government. Its
purpose was to exclude traitors and disunion-
lists from office. But, with peace, all nccessi-
ty for the oath ceased in the loyal States Its
enforcement in the Southern States is not only
unjust after the Presidents amnesty procla-
nation, but utterly imrracticable. The Gov
ernmcnt cannot be administered, in those
States, with that oath. 1t is impossible to
find persons fbc to take the oath who nre ca
pable of filing the various appointments, un-
der the Treasury and Post Office Departments.
The heads of those departments, as ! once in
formed them, whilst the Provisional Governor
of South Carolina, would have to wait, till
another generation sprang up. for neither the
men, women or children could conscientiuusly
declare that they had not given countenanco
to the rebellion.
But this test oath does not apply to mem
bcrs of Congress, for they arc not officers"
of the Government. The Federal Constitu.
ton does not, anywhere, call them officers, or
recoenzo them or alude to them MS officers Of
the Government Instead Of being officers Of
the Government, they are the representatives
of the people and the States, Senators and
Members of Congress. In the early history Of
our Government it was so decided, and has
been so recognized ever since, till the passage
Of this test oath.
The Federal Constitution prescribes an oath
for Senators and Members Of the House, y,d
no additional oath of any character whatever
can be constitutionally required Of them. The
powers Of Congress arc delegated and enumer-
atcd, and they have no others, and can exer-
else no others, except il be to carry out and
enforce some enumerated power
1t would be monstrous, Indeed, if majority
in Congress had the power of prescribing an
oath for the members to take when they quail
ify They might exclude the minority from
their seats by requiring them to swear that
they never had been Democrats or voted q