The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1866-04-28
THE TEST OATH.
Report Of the Hense Judiciary Co,
miflAA

THE TEST OATH.
Beport Of the House Judiciary Con.
mtttee.
"on luded from yesterday
CONDITION OF the SOUTH.
The Secretary Of the Treasury, in speaking
OF the condition of the country after the sur.
render of the rebel armies, says:
"The country was in o peculiar condition
The rebellion had come to sudden close
All resistance to the authority Of the United
States had ceased, and some seven millions
OF people, IN a state of utter disorganization,
were left without any civil government what.
ever. and without even an adequate military
protection against anarchy and violence. I'm.
der these circumstances, as it seemed clearly
to be the duty Of the Executive to proceed ct
once to establish the federal authority and
civil government in these States so it seemed
necessary to carry into effect the revenue laws
OF the general government. As the country
was passing from state Of war to . state Of
peace, and the emergency seemed too pres
sing to admit Of delay til! the meeting Of
Congress, it was thought that the test oath
might. in view of the great objects to be OBJ
tanned, IN some cases be dispensed with or,
rather, that persons might be permitted to
hold revenue Offices who could take it only in
qualified FORM
This is a sorrowful picture indeed. Seven
millions of people in q state Of utter demor-
aization, "left without any civil government
whatever. and without even an adequate pro-
lection against anarchy and violence pre-
sented questions OF gravest moment for the
seems strange that this appalling condition Of
things did not suggest to the President the
propriety of calling Congress together that
he might have the aid of the legislative dis
organization, anarchy and violence to order,
safety and peace.
The interests Of the country seemed to de-
mand, the Secretary informs the House, that
civil government should be at ONCE establish
ed. 1.-THE emergency seems to be too pres
sing to admit Of delay until the meeting Of
Congress" But Congress could have been
called togetherat once Congress could have
been convened before the date Of the procla.
nation through which the President under
took to organize provisional government
for North Carolina. Why was it not done |?
1t was not because the President believed
that he alone possessed the power to provide
government for the insurgent States for he
expressly negntived that idea by the terms Of
the following despatch:
DESPATCH TO GOV. sHARKEY.
WASHINGTON, July "a, 1865.
W. L. SHARKEY, Provisional Governor Of
Mississippi
Your telegram of the 21st has been receiv-
ed. The President sees no reason to inter-
fere with Gen. Slocum's proceedings. The
Government of the State will be provisional
only until the civil authorities shall be restor-
ed. Nth the opproral Of Congress Mean
while military authority cannot be withdrawn.
WILLIAM II. SEWARD.
Here the power of Congress over the whole
subject of reconstruction is expressly stseed.
And at much later date the President reas-
serted this power of Congress in even more
emphatic terms, as follows:
DEPARTMENT OF STATE,
WASHINGTON, Sept. IL, 1865.
His Excellency. William Marvin, Provisional
Governor of Florida, Tallahassee:
SIR our Exceliency's letter Of the Goth
ult.. with the accompanying proclamation,
has been received and submitted to the Pres
ident. The steps to which it refers toward
reorganszlng the government of Florida, seem
to be in the main jndicious, and good results
from them may be looked for. The pre-
sumption TO which the proclamation refers,
however. IN iaver of insurgents, who wish to
vote, and who may have applied for. but not
received. their pardons, is not entirely ap-
proved. All applications for pardons will be
duly considered, and will he disposed Of as
soon as practicable. 1t must. horerer, be dis
tiactly understood. that the restoration TO which
your proclamation refers ,cili be subject to the
decision Of Congress.
have the honor to be, &C.,
WILLIAM Fl. SEWARD.
WHY CONGRESS WAS NOT CONVENED.
1t wasn not. then, because the President be-
lieved that the Constitution clothed him with
full power to restore civil governments to the
insurgent States, that he failed ID convene
Congress in extra session. Nor was it because
he considered no legislation necessary to
enable him properly to administer the laws oi
the United States for the Secretary of the
Treasury, with the approval of the President,
says that it was important to execute the
revenue laws in the Southern States, and a,
the emergency was pressing, 'sit was thought
that the test oath might, in view Of the great
objects to be attained, in some cases be dig
pensed WITH"
THE OATH BINDING.
But the test oath was established by law,
sane no officer had any more right to dispense
.wts it than he had to dispense with any
Other law. The Constitution says the Presi-
dent @ssLall take care that the laws be faith
fully executed" and neither he nor any
other icer of the Government has the righl
to dispense with any law. All officers
should know that the dispensing power
does not exist in this Government, and thai
its exercise is dangerous and will not b.
tolerated.
1t is the duty Of public officers to obey and
execute the laws. No obligation is plainel
than this, and none should be more rigidly
observed. The legislative department of the
Government is intrusted with the law makinf
power, and when that power is onse exercised
all officers must yield obedience to it. If tht
act of July 2, 1862, stood in the way of I
proper execution of other laws to the exten
indicated BY the Secretary, the duty of the
President was very plain. 1t was not to dis
pense with the law, but to assemble Congress
and ask for removal Of the obstruction
Had this been done in the spring of 1855, tn,
complication now existing in the affairs o
the nation would, in all probability, hav,
been avoided; for with the views then enter
tanned by the President relative to the powe
OF Congress over the subject of reconstuc
ton, the legislative and executive depart
ments could have worked together with littl,
or no friction.
DISPENSING WITH THE OATH
Instead. however, Of calling Congress to
gether, the Executive Department of th,
Government elected to dispense with the Law
Of July I'd, 1862, and the Secretary Of tn,
Treasury presents the House with the follow
ing exhibit of officers appointed under thi
dispensaiion:
lhere follows a list Of '6fty-fve officers
mostiv collectors, assessors, and assistan
assessors Of internal rnvoroo IN tha Ctefoe =,