New-York tribune., 1866-04-28
NIX TRsT-OATM-OIGHT IT TO nE
REPEALED

The advocate, for the repeal of the tcst-Oah have
yengthened their case by the assumption that the
oth was war measure. and that the Congress which
ossed il did not intend il to endure ia time o peace
his was assumed by the President in his message
commanding a modification. The Judiciary Com
nitee in their recent report to the House, dispose oil
n, flllacy by showing that Congress Intehdeo 70
csah,h permanent rule OF pubhc policy, which
,huld exclude from the offices of the United States
evry citizen who had voluntarily abandoned his ale
gince 10 the Government. Shortly before the pas
sac OF the act appeared the famous COR ihialiouH)
Vice letter written by the Florida Senator III Jahu'
ar, I-GI revealing the deliberate purpose oil lhe
eding conSprators toretain their seats IN 'ohgress'
prder 10 prevent the passage Of any force loah' "f
yornteer bil which might put the United States III
eodition 10 crush the Rebellion when Mr. Lincoln
cane into power. It was shown that the Rebellion
,.yer could have been organized had not ~ master
pirits held Office under the Government which they
AL sworn to support. and were plotting to destroy
No one. say the Judiciary Committee, Z" no one
ut a lnadman could think of trusting these men
gam with official power in this nation. Congress
nd the country were convinced that upon the con
siences of such men the ordinary oath oi Once wo'u
i've but little effect aud that the safety OF the nation
,u;rcd their exclusion from office altogether. The
oath of 1862 was one of the results OF this convc-
un.'
The effect of this statement is TO change
n burden OF proof. Those who urge
roea of the law are bound to show that the pocy
O Congress in l-62 iu seeking TO secure the Govern
nt against future conspiraees, was mistaken policy
nd that circumstances have since occurred when
uke il safe to restore to power and to opportunity
f., other crimes those traitors who have been once
cworn and have once failed in their attempt to de-
stoy the Union But the Committee concur with the
rteraed declarations of the President, that treason Is
a rhine and must be punished, and made odious' and
thy recommend Congress To concur and adhere 10
th principle of law which was intended to make
trason odious by teaching the people that no traitor
isworthy to hold any position OF public trust under
th Government.
The President however recommends a modification
The oath basing his opinion on the statements oil
tle Secretary Of the Treasury and the Postmaster
Guera i'm reference TO business OF their departments
The former official remarks in the course OF his argu
mnt:
The counuy was in peculiar condition. Tie Rebellion
ba come 10 sudden close All resistance To the authority OF
III, United States had ceased aud some oi people, IN
tate OF disorganzaion. were left withont Any e'
whatever and without even an adequate mtiry
prdecion against anarchy and violence under
,mces as Il seemed clearly be the duty oi the Executive
TO oceed establish the Federal authority anu e
ary INTO effect the revenue the General Government
Astle coun passing from state OF war 70 she
ce and the emergency seemed too pressing TO admit OF
aehy iii the meeting OF Congress was Thought tna tne
tes oath might the great objects 10 DE oOtahed ~
sope be dispensed wh or raLher hS, persons ~
bepermtted hold offices who could take Only IL
psfed form.
The President, By his Endorsement OF Mr. McCul-
loth's report makes this argument ms own, ana IL
my be dealt with as his the more unhesitatingy IN
sspuch rs he authorized that remarkable dispensing
poicy which is herein defended. Mr.. johnson can
moi 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 at once" reestablsh
civil government in the revolted aud conquered
States and that the emergency was too pressing 10
admit Of delay till the meeting oi Congress he ior-
gets TO explain why he did not Immediately assemble
Congress as he might have done before ne issued his
first proclamation. Why did he not Clearly not
because he believed the President alone possessed
ample power to deal with the questions OF reconstruc-
ton for he-or what is the same thing, Mr. Seward
teegraphed TO Provisional Gov Sharkey OF Mississippi
That the government OF the State will be proyis.
ional only until the civil authorities shall be restored,
uins tho approval Of Congress" That was in July.
In September he repeated to Gov. Marvin Of Florida
that il must be distinctly understood that the reStora'
tion Of the State would be subject to the decision of
Congress.
If then the President believed, as he says he did,
the legislation Of Congress necessary to the festora-
ton of the States, how could he have imagined that
he had power to dispense with such legislation Is he
found already in existence Was the emergency 50
pressing for the execution Of the rsveuus laws % to
Justify bin IN gulIifyns tha law Which expressly n: