The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1866-02-25

as well as by the rules of common sense
and Justice, no one who submits to @ de
tacto king can be declared traitor. They
saw the sURsted States leading indiscrimi-
nate war against Union men Dis well as 4se-
cessionists, desolating the country, burn
ing their houses, piundering their provi-
slons, and leaving them and their families
to starve: They saw their friends and kin
dred in the Southern army trying to defend
their country, and homes, and property.
hghting as their forefathers had done in
the American Revolution. for the right of
self-government: 1t would be in vain to
ASK such Union man to swear he had
never, in word or deed, 'scountenanced'
the rebellion or given aid and comfort to
those who were in rebellion. ~.
This test oath may have been politically
right whilst the war was going on, so far
as it applied to the officers Of the Govern
ment: It's purpose was to,exclude traitors
and disunionists from office. But with
peace, all necessity for the oath ceased in
the loyal States. Its enforcement in the
southern States is not only unjust, after
the Presidents amnesty proclamation, but
utterly impracticable. The Government
cannot be administered, in those States.
with that oath. It is Impossible to find
persons abte to take the oath who are ca
pable Of filing the various appointments,
under the Treasury and Post Office De-
partments. The heads Of those depart
ments, as l once informed 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 conscientious1y declare that
they had not given countenance to the re-
bellion.
But this test oath does not apply to
members n Of Congress, for; they are not
officers. Of the Government. The Fede-
raj Constitution does not, anywhere, call
them officers, or recognize them or allude
to them as officers of the Government
Instead of being officers of the Govern
ment, they are the representatives of the
people and the States, Senators and Mem
bers OF Congress-. In the early history of
our Government it was so decided, and has
been so recognized ever since, till the pas
sage of this test oath.
Ihe Federal Constitution prescribes an
oath for Senators and Members Of the
House, and no additional oath Of any cha
racter whatever can be constitutionally re-
qulred Of them. The powers of Congress
are delegated and enumerated, and they
have no others, and can exercise no others.
except 1T be to carry out and enforce some
enumerated power.
1t would be monstrous, indeed, if o ma
jority in Congress had the power Of pre-
scrlblng an oath for the members to take
the minority from their seats By requiring
them to swear that they never had been
democrats, or voted Democratic ticket
or countenanced in any way o Democratic
candidate r :,
Each House is the judge of the election
returns and qualifications of its members,
put TINS simply requires the House or the
Senate to decide whether the election re-
turns and qualifications OF the members
elect are In conformity with the Constitu-
tion. The attempt to derive the power to
pass test oath from this clause of the
Federal Constitution is about as absurd as
the right Of secession, and equally as dan
gerous in its consequences
1t would seem that the object of the ra-
dlcal party in Congress, in Offering so
many amendments to tho Constitution,
and in insisting on the application of the
tsst oath to members of Congress, was to
Perpet9ate their power in the Government
will more thani likely have just the oppo-
site tendency. Their amendments will
never be adopted by three-fourths Of the
States, and their continued exclusion of
the Southern members must produce a re-
action against them, when they go before
the people again.
II the Southern members were all admit
ted, the radical party would still have
majority In both Houses. They need not,
therefore, be afraid of the sceptre depart
ing from Judah, during the Thirty ninth
Congress. 1t is true their majority would
be diminished, and it is possible that
measure like that of the Freedmen 8 Bureau
bill might have beer. endangered on it's
passage, if the Southern Representativ
had been permitted to show its monstrous
Injustice to the planter, its demoraGzing
influence on the freedman, its ruinous con-
sequences to the culture of the Sea Island
cotton, and startling expenditures it will
require to support the idle and vicioas ne
groes, who will not work, and are to be fed
and clothed by the Government. This bill
taxes the poor white man throughout the
North to support the vicious and vagrant
Southern negro. It takes from the planter
his home without consideration, and turns
in order that his former slaves may not be
under the necessity Of making contract
to work those lands, but be able to live on
them in idleness, and get their support
from the Freedmen's Bureau.
AS an evidence Of the boasted loyalty and
good conduct OF these negroes, it may be
stated that party of gentlemen from the
State of Pennsylvania visited one of the is-
lands near Charleston the other day, with
written permission from Gen. Sickles. The
regroes captured the party, in violation of
military orders, and were going to massacre
the whole party Of them; marched them
lwelve miles across thu island, and treated
them with the greatest indignity the whole
route! Those are the people who are to be
allowed to vote, andAelect out Of their num-
ber member Of Congress!
The Southern people have been peculiarly
unfortunate. At one time they thought it
better 20 withdraw their members from
Congress, and live separately from the
North. This they desired to do peaceably
and quietly. The North objected, and de-
clared that the Union should not be dis
solved. They were repeatedly told that
they must lay down their arms, elect their
members OF Congress, and resume their
position in the Union. Finally they con-
sented to do so. Now they are told that
the IInion Ia disxalxad and thau ahall not