Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-03-23
a few weeks since by the President. in re-
ply to a committee from the Legislature Of
the State of Virginia


"On the cardinal principle of representation Il
which you refer, will make a single remark, 1ha
principle is inherent; II constitutes one Of thefun-
damental elements Of this Government. Tho Rep
rcsenatives Of the States and OF the people should
have the qualifications prescribed by the Constitu
ton OF the United States. and those qdal hcation
as Representative, having the qualifications pre-
acribed by the Constitution T. fit him to take seal
in either Of the delberatve bodies which constitute
the National legislature must necessarily accord
ing 10 the intendment of the Constitution BIO lOya
man, willing to abide by and be devoted the Union
and the Constitution of the States. lie cannot be
for the Constitution he cannot be for the niOn he
cannot acknowledge obedience to all the laws, un.
less he is loyal. When the people send such mon in
good faith they are entitled TO representation through
them"
But suppose, Mr.. Speaker, that am mis-
taken as to the constitutonality of the
test oath, there are other reasons which
desire to state very briefly to the House,
why, in my judgment, it should be re-
pealed.
Test oaths have never been favored
They are inconsistent with the legislation
and spirit of a free people.
| This act of 1862 was one of the measures
which grew out of the war, and should
pass away with the war, which has ended.
The effect of the oath Is TO exclude al
most an entire population of large sec
tion of the country from holding any office
whatever under the General Government.
/ submit with great confidence that the
continuance of this oath cannot result in
any good to the country. The rebellion
has ended, and the people of the late in
surgent States are hereafter to be assOciat-
cd with us as citizens of the same Govern
ment. ..... u r.t .,
1t seems to me that every consideration
of duty and patriotism unite in urging us
to so shape our legislation as to harmonic
the country and restore kind and fraternal
relations between the two sections.
Certainly no man can entertain any we'll
grounded apprehensions that there will
ever occur a repetition of the attempt to
break up the Union by sccessOn; and il
there should, test oaths would have but
little influence in preventing it.
Sir, the best possible security we have
against any further attempt at secession
consists In this one great fact, the utter and
| complete failure Of & G late rebellion.
Mr.. Speaker, you never will, nor will our
children who come after us, ever hear Of
another attempt at secession made by the
people of the South.
Sir, the sad lessons OF the last four years
will be our firmest bulwark against its
repetition. 1t has been settled by the war
more firmly than constitutional amend
ments or test oaths piled mountains high
| COulu sGJblC ~, JudJ Il DJdlC HAS HO TIOUJ W
| withdraw from this Union, and this decis-
ion will not and cannot be reversed.
1t has been settled beyond any question,
that we are to be one people, having one
Federal Government and one flag.
Now, what is our duty to the people of
the South Is 1t to crush them, and while
we impose upon them the burdens of Gov
ernment exclude them from its benefits
Is it, sir, to seek by our legislation to de-
grade them and make them outlaws? We
have determined that they shall remain
with us. citzins OF the same common Coy
ernment Shall they Iemain with us as our
equals or not? .
Sir, rejoice that the rebellion has been
crushed, aud that these people have return
ed to their full and complete allegiance to
the Constitution; but l want them to re-
turn, not as an inferior or degraded peo-
pie, but in their true manhood, as the
equals of the people of every other State.
We must have confidence in them. They
and their children are destined to live with
us and our children for generations to come.
1t is best, sirin my judgment, that VIC should
live together on terms of friendship and
equality.
Sir, wise and patriotic President, rising
abOYe the miserable and petty passions and
prejudices of the hour, has, with gener-
GUS clemency and magnanimity which be-
come the exalted station that he occupies,
set us an example which it would be well
for us not to forget. On the Goth day OF
Nav last he issued his proclamation grant
ing pardon and amnesty, with a few eX-
ceptional cases, to the entire people of the
late insurgent States who had been engaged
in the rebellion.
There can be no controversy about the
powerin the President to grant such par
don and amnesty. The Constitution, article
two, section two, declares that "he shall
have power to grant reprievcs and pardons
for OifenseS against the United States, ex-
cept in cases of impeachment" This
power thus granted by the Constitution is
placed beyond the control or reach of Con-
gress. 1t is absolute and unqualified, eX-
cept as to cases of impeachment, and may
be exercised either before trial or after con-
| victiOn.
But Congress did, by the act approved
July IL, 1862, fully recognize this wise and
just power, and did, in the act Ito suppress
insurFection," 6c., by the thirteenth Sec
tion, provide as follows:
"SEC. l3. ARd be il further enacted. That the
President Is hereby authorized, at any time hore-
after by proclamation, to extend to persons who NAV
have participated in tue existing rebellion in any
State, or part thereof, pardon and amnesty with
such exceptions. aud at such time and on such con-
ditions, as he may deem cXpedient for the public
wefare."
Thus we see how fully and completely
the President was and i clothed with the
power to grant pardon and amnesty to all
"who may have participated in the" late
"rebelliOn;" and Congress, by the section
already quoted, has sOlemnly committed
itself in favor of the existence and eXer-
else of the power.
Now, Mr.. Speaker let me inquire what
was the effect of this proclamation of the
295h of May, 1865 /?
The rebellion having been completely
suppressed, the President, with wise and
generous clemency, which will live i'm his
tory to his honor for all time to come, said
to almost an entire people, You have
wandered from the path OF duty; in a fatal
hour you have sought to break up the
Union of our fathers; but yon have ac-
knowledged your great error, and seek
again to return to the protection of that
flag which has been planted in the capital
OF every State of this Union. We receive
you back, and the Offcnses committed by
you In attempting to withdraw from the
Union, are now blotted out and pardoned,
on the condition that you shall renew your
allegiance to the Constitution; show the
sincerity of your return by your fidelity to
that Constitution and Union In the future.
The effect was to remove entirely and COM
pletely, before the law, the crime which
was included In the pardon, with all its
legal consequences; aud beg to call the
attention of the House to q few authorities
on this question. Chief Justice Marshall
in the case of the United States cs. Wilson,