There is a recent enactment of Congress requiring that no person shall be appointed to any office of the United States, unless such office has been created by law.[62] And there is another enactment of Congress, providing that all officers, civil or military, before entering upon their official duties or receiving any salary or compensation, shall take an oath declaring that they have held no office under the Rebellion or given any aid thereto.[63] In face of these enactments, which are sufficiently explicit, the President began his work of Reconstruction by appointing civilians to an office absolutely unknown to law, when besides they could not take the required oath of office; and to complete the disregard of Congress, he fixed their salary, and paid it out of the funds of the War Department.
Of course such proceeding was an instant encouragement and license to all ex-Rebels, no matter how much blood was on their hands. Rebellion was at a premium. It was easy to see, that, if these men were good enough to be governors of States, in defiance of Congress, all others in the same political predicament would be good enough for inferior offices. And it was so. From top to bottom these States were organized by men who had been warring on their country. Ex-Rebels were appointed by the governors or chosen by the people everywhere. Ex-Rebels sat in Conventions and in Legislatures. Ex-Rebels became judges, justices of the peace, sheriffs, and everything else,--while the faithful Unionist, white or black, was rejected. As with Cordelia, his love was “according to his bond, nor more nor less”; but all this was of no avail. How often during the war have I pleaded for such patriots, and urged to every effort for their redemption!--and now, when our arms have prevailed, it is they who are cast down, while the enemies of the Republic are exalted. The pirate Semmes returns from his ocean cruise to be chosen Probate Judge,--leaping from the deck of the Ship Alabama to the judicial bench of the State Alabama. In New Orleans the Rebel mayor at the surrender to the national flag is once more mayor, and employs his regained power in the terrible massacre which rises in judgment against the Presidential policy. Persons are returned to Congress whose service in the Rebellion makes it impossible for them to take the oath of office,--as in the case of Georgia, which selects as Senators Herschel V. Johnson, a Senator of the Rebel Congress, and Alexander H. Stephens, Vice-President of the Rebellion. These are instances; but from these learn all.