The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-04-30
The Test.oath-ought i, to be Repealed

Congress which passed IL ola NOT lnVenu IL 10
endure in time of peace. This was assumed by
she President in his message recommending
modification. The Judiciary Committee, in their
recent report to the House, dispose OF this tal-
lacy by showing that Congress intended to es-
tablish permanent rule OF public policy, which
should exclude from the offices OF the United
States every citizen who had voluntarily aban-
doned his allegiance to the Government. Shortly
before the passage of the act appeared the
famous for infamous) Yulee letter, written by
the Florida Senator in January, 1861, revealing
the deliberate purpose of the leading con-
spirators to retain their seats in Congress in
order TO prevent the passage OF any force loan or
volunteer bill, which might put the United
States in condition to crush the Rebellion when
MIR. Lincoln came into power. 1t was shown
that the Rebellion never could have been orga'
nized had not It's master spirits held office under
the Government which they had sworn to sup.
port and we're plotting to destroy. mo one"
say the judiciary Committee, mo one but
mailman could think OF trusting these men
again with official power in this nation. Con-
gress and the country we're convinced that upon
the Conscences OF such men the ordinary oath
of Office would have but little effect, and that
the safety of the nation required their exclusion
from office altogether The test-oath OF 1862 was
one OF the results of this conviction"
The effect OF this statement is to change the
burden OF proof Those who urge repeal OF
the law are now bound to show that the policy
of Congress in 1862, In seeking to secure the
Government against future consplracies, was a
mistaken policy and that circumstances have
since occurred which make 1t safe to restore to
power and to opportunity for other crimes
those traitors who have been once tors worn, and
have once failed in their attempt to destroy
the Union. But the Committee concur with the
reiterated declarations of the President, that
treason is crime, and must be punished and
made odious, and they recommend Congress to
concur and adhere to the principle of law
which was intended to make treason odious by
onti inn hat M ig Unrt Nv
to hold any position OF public trust under the
Government.
The President, however, recommends modi.
fcaton of the oath, baslng his opinion on the
statements OF the Secretary OF the Treasury and
the Postmaster General in reference to the busi-
ness of their Departments. The former official
remarks in the course OF his argument
''The country was in a peculiar condition. The
Rebellion had TO sudden close. All resistance
to the authority OF the Uneu States had ceased and
some 900 600 of people IN state of utter dIsorgani.
zatlon, we're left without any civil Government
whatever, and without even an adequate military
protection against anarchy and vfoe Under
these circumstances, as It seemed clearly to be the
duty OF the Executive to proceed at once to establish
the Federal authority and civil government IN these
effect the revenue Jaws of the General Government.
As the country was passing from state OF war 10
state of peace, and the emergency seemed too press
ing TO admit Of Delay till the meeting OF Congress il
thought that the test oath might in view OF the
great objects to be obtained, some instances be
dispensed with; or, rather, that persons might be
permitted to hold revenue offices who could take 1t
only IN qualified FORM"
The President by his endorsement of Mr..
McCulloch's report, makes this argument his
own, and it may be dealt with as his the more
unhesitatiDgly, inasmuch as he authorized that
remarkable dispensing policy whicn is herein
defended Mr.. johnson cannot disguise his
feeling that his policy is badly in need OF some
defense. But when he urges that it was clearly
his duty to proceed Eat once" 10 re-establIsh
civil government in the revolted and con-
quered States, and that ''the emergency was too
pressing to admit OF delay till tlfe meeting of
Congress, y he forgets to explain why he did not
Immediately assemble Congress, as he might
. have done before he issued his first procama-
ton. Why did he not? Clearly not because he
believed the President alone possessed ample
power to deal with the question OF reconstruc-
ton, for he-or what is the same thing, Mr..
Seward telegraphed to Provisional Governor
Sharkey, OF Mississippi, that "the Government
of the State will be provisional only, until the
civil authorities shall be restored, with the ap-
proval of Congress-" That was in July. In
September he repeated to Governor Marvin, of
Florida, that it must be distinctly understood
that the restoration Of the State would be sub.
iect to the decision OF Congress.
II, then, the President believed, as he says he
did, the legislation OF Congress necessary to the
restoration OF the States, how could he have
imagined that he had power to dispense with
such legislation as he found already in exist
ence? Was the emergency so pressing for the
execution OF the revenue laws as to Justify him
in multiplying the law which expressly restricted
the revenue appointments to loyal men? Upon
less full than might be wished. Mr.. Johnson's
argument, if it means anything, means that be-
cause he has violated the law, Congress ought to
repeal it. ,... ,.r.l. :.
the President might be just,ned in disregardtng
a law, though we cannot conceive the admins
tration OF the revenue laws TO constitute, under
any circumstances, one OF those present emer-
gencies where the lie OF q nation might need 10
be preserved at the expense OF broken statute.
But was there in this case any need TO break the
statute even for the sake OF administering the
revenue laws-that is, of appointing certain per-
sons to office in the Rebel States tor the collec.
ton of revenue? The Secretary of the Treasury
gives a list of ffty-hve officers appointed in
violation OF law, and his apology Is thls:-
"In most OF the Southern States nearly every man
of the character and intelligence necessary 10 qua.
lily him Tor position revenue officer some time
during the progress OF the either ENGAGED IN
hOstiities against the United States, or held will
ing or unwllllngy, otfoe under Rebel authority
Hence it has been necessary, as before stated to
employ IN a few important but not remunerauYe
OF this class especially as the salary and induce.
ments OF the offices were generally too small to in
duce Northern men 10 accept them"
The Committee think the Secretary might
have found loyal men If he had looked They
find from the records that the Rebel States fur
armies. Is it possible that out of this multitude
there were not htty-hVe competent TO fill the
revenue offices to which the Secretary preferred
TO appoint traitors? Congress in 1865 resolved
that soldiers ought to have the preference II
appointments to civil othces--a resolutlonIWhlcl
applies with peculiar force TO those noble loyal
lists from the Southern States who fought in tn
Union armies. Can there be a doubt that th
Federal offices might and should be filled b.
them? Where then Was the necessity of vic
lating the law, and what becomes OF the argJ
II must even be doubted whether the Pres