The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1869-07-07
The .Arimesn on the Test-oath.

Z The New York Times has a very conelr-
siye article on the question OF requiring the
members Of the Virginia Legislature elected
Yesterday 80 take the test-oatls. IT Is, in
deed, not difficult to make conclusive ar
gament ON the subject; but the Times does
more. IL presents the equity rs ''eii as Ia"
of the case In manner that entities IL 10
our warm consideration.
The whole question Is as to whether
the Government elected under the constitu-
ton Is provisional. We cannot imagine
how &c can be 50 considered. tits intended b!
Congress to take the place of the proSl-
sional government, and the members eiecI
are elected "under the constitution ana
they cannot be lawfully gotten at OUTSIDE
or through the constitution "under " WINCH .
Z they are elected to impose upon them any
goaths or qualifications not prescribed In the
constitution itself. The government under
the constitution " may be in an inchoate
state until Congress approves it but 1t Is
not "proyisional," nor is 1t subject TO
other regulations than those prescribed IN
the constitution.
General GRANTS letter to General MEADE
is so very concise and explicit that we nave
always felt surprise that General CANBy
ever thought of raising the question. That
letter, dated the Goth April, 1868, we repro
duce:
at have carefully read your letter OF
10Th April and its enclosures. ISee nothiaeg
IN them to change any opinion as expressed
to you In my dispatch of March 2, Iaoo'
The officers elected under the new constltu-
ton Of Georgia are not ofhcers OF tne pro
y;sional government referred to in the re-
construction acts, nor are they 0llicels
elected under any so-called State authority,
and are not, therefore, required to take the
oath prescribed in section 8, act OF July 10,
1867. The eligibility to hold otfce must 0e
determined on the netc constitution. ana the
amendment TO the Constitution Of TIE Onited
States designated as article IA"
The same instructions W ere given TO Gene
raj BUCHANAN June so, 1868, by General
GRANT. We regret that the President had
not adhered to the views he entertained
while General of the Armies of the United
States, which he so clearly stated to his SUI
balterns last year, without deeming it neces-
sary to refer them to Acknowledgement
HoAR. The General of the Armies is high
authority, and the President of the United
States should Mt all times entertain great re-
spect for his opinions. But when the sPresi-
dent is to pass upon his own orders while
General, we can hardly see how he can hest
tate. ~
Nevertheless, let us be patient, and await
the issue. We are satisfied with General
GRANTS official Judgment on the question
Of the detestable "iron-clad" applicable
to our case, and we should think that it is
at least probable that it will not be reversed.
We make the following extracts from the
conclusion OF the article in the Times:
"In the exercise of this power he the
President) has submitted separately that
part of the Virginia constitution which en-
acts an oath substantially identical with the
test-oath to be taken by all officers and
legislators in the State. The people OF The
State will probably eXpunge this provision
from the constitution, and in so doing they
will not transcend the privilege conceded
by Congress. Surprising, however, General
Canby's rendering of the ninth section OF
the second supplementary reconstruction
act to be correct, this anomaly will he wit
messed: The test which the people vote
down. under authority conferred by Con-
gress, will be restored by the mere order of
the district commander. Nay, II test which,
in the Judgment of the President. IL TOO
odious and unjust to be Incorporated IN the
constitution without the explicit approval
of the electors, will be eXacted in more
aggravated form by General Candy. The
possession of such authority on his part I'M
plies power, by military order, to impose a
requirement not warranted by the c0nstitu-
ton under which members of the Legisla-
ture will hold their seats and perform their
duties. The anomaly would be too, fragrant
to be tolerated under any rule Of reason OF
law. For it would in effect confer upon
the district commander power to annul the
popular vote, and neutralize the policy OF
Congress, by virtue OF whose special enact
ment this election is held.
"Apart from the fair and common-sense
rendering of the law, there are considera-
lions of general policy which, in our
opinion, should cause the disallowance OF
General Canby's order. The whole ten
dency Of public opinion, and Of the recent
measures adopted by Congress and the Pre-
sident, is against prescription as an agency
in reconstruction. The conviction is all but
universal that, however necessary in the
period Immediately subsequent to the rebel
lion, disabilities are no longer desirable
They are recognized as hindrances to the
HufIiiOuy anu DcSCc WutSIi dlC VII az sioO'
demanded. This feeling led the President
to facilitate the purgation of the Virgins
constitution of its obnoxious features, ant
compels even those who were nominated
as proscriptionists to affect a more liberal
policy.
General Candy should be required tt
revoke his decision, and leave the member:
of the Virginia Legislature subject only t.
the provisions of the State constitution AMI
the prohibitory section of the fourteenth
amendment"
Rebels Not SO Bad After All.
rho D;rotinal crome Of the ultra Radical