The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-04-26

in such deplorable condition of af-
fairs, the President did not at once
call Congress together, that he might
have the aid of the Legislative De
partment of the Government in re-
ducing disorganization, anarchy and
violence to order, safety and peace.
The President lad repeatedly recog-
nized the fact that Congress alone had
entire jurisdiction over the question of
the reorganization of the rebel States,
and yet the Secretary of the Treasury
had coolly dispensed with the laws.
enacted by Congress, in view of great
objects to be attained The Commit
tee administers reproof to the Sec
cretary in the following language:
"But the test oath was established by
law, and no officer had any more right to
dispense with it than he had to dispense
with any other law. The Constitution says
the President "shall take care that the
laws be faithfully executed" and neither
he nor any other officer of the Government
has the right to dispense with any law.
All officers should know that the dispens-
ing power does not exist in this Govern
/ u.
and will not be tolerated. isaS
1t is the duty of the public officers to obey
4 and execute the laws. No obligation is
| palmer than this, and none should be
more rigidly observed. The legislative de-
slJartmenEDf the Government lis Entrusted
WITH the law nsiziTigs power, and .when
! that power is once exercised, all officers
must yield obedience to it, If the act of
! July 2 1862, stood in the way of a proper
! execution of other laws, to the extent i'm
| Dictated by the Secretary, the duty of the
President is very plain 1t was not to dis
| pense with the law, but to assemble Con-
| gress. and ask for removal of the obstruc-
ton. Had tins been done in the spring of
1865, the complication now existing in the
! affairs of the nation would, in all proba-
! bility, have been avoided; for with the
! relative to the power Of Congress over the
| subject of reconstruction, the legislative
4 and executive departments could have
worked together with little or no friction.
The committee next proceed to-
.eriticise, some of the appointments
made by the Secretary of the Treas
ury, condemning them as unlaw-
full il says ffty-fre appointments
had been made whose commissions
represented 6fty-fve violations Of
national statute. Instances are then
given, where men who could not take
the oath, were appointed in preference
to men who had been in the Union
army, whose services had been official
" recognized by Mr. LINCOLN, ANDY
JOHNSON, GEN. THOMAS and General
GRANT. That loyal Southern soldiers
should have to stand aside for men,
bers of rebel legislatures is certainly
grave offense. The Post Master
General had set aside the test oath be-
cause, of the unwillingness of many
who might otherwise act, to do so, in
consequence of the compromise of their
social position, which they fear would
result from taking the oath, where the
great majority of their neighbors con-
LISTS of thosewhe had in some form
aided in the rebellion. =
We'give the reply Of the committee
to this objection, as well as the closing
paragraphs of its able report:
Instead of this being an argument in
favor OF the amodifcatiQn of the test oath,
its force appears TO The Committee to be in
the opposite direction. modification
based on such a consideration would ope-
rate as a premium for disloyalty. 1t would
add to the social power of the diSlOyal, and
this result would stand in opposition to
the policy of the President as announced
by him III April, 1865, when he said of the
rebels: Their social power must be de-
StrOyed."
E If the test oath should be SO far modified
as to enable an ex-rebel TO take it, the So
cial influence which now overawes loyal
men would still push them out of the way,
. force lr0VArnTAGnT
offices on the diSloyal This would not
make :" treason. odiOus, nor would it
would increase the odium which now at
! taches TO Loyalty inthes Soutl Ie3n Estates,
and punish men because of their faithful
ness to the Government. a community
that viii not respect an officer of the Uni
ted States, because he has been sufficiently
loyal to the Government to allow of his
taking the test oath, does not deserve to
: | have the advantages and cOnyenienceS OF
the postal service extended TO it, bat does
deserve to have the revenue laws enforced
against it by such officers as the Govern
I ment may be able to secure the services of
I There are thousandsAof loyal men in the
South who can take the test oath, and to
e Il Snch should the offices in those States be
: given. Let the Governnrent Recognize
their claims in this regard, and loyalty
and respect for the Cove mment of the
United States will soon be rong enough to
o overcome the social power which now
frowns upon every Union man who stood
2 by the flag of the Republic throughout cle
Z whole course of the war;. Inc rr4f
5 Temporary Inconvenience Should not
n turn the Government aside from this
= policy. The unhappy condition of the
Southern States cannot be improved by
changing laws which may be opposed *
/ the views and feelings of those citizen:
= who fought for four years to destroy til,
e Government. They must learn that obedi
q ence to law is a duty not to be lightly re
= garded, and that loyalty to the Govern
lie ment is virtue which cannot be DESTROYED
Dy the social power of the dislOyaL. Whef
Is these ends are secured, it may be lexpedien
!. 10 modify the test oath, but not until then
The committee therefore ask to be dis
IL charged from the further consideration o
the subject.
3
70 Il RIGHMoND is reconstructing rapidly
d a correspondent of the BaItilnor,
tie An,ericdn, writing from the herei