Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1865-07-11
STANTON, July sth, 1865.
n, K. TROUT, E So,

NIX TROUT, ESQ.,,
DEAR SIR Il have had the honor to. receive
your note of the 7th inst requesting me, on be-
half of yourself and your Associate Commission
ers of Election for Augusta county, to give my
opinion es to the legal effect of President John
sons Proclamation of Amnesty, upon these lgibil-
ity to Office and capacity to vote of persons en-
braced by its terms.
regret that have not access to my library, 80
as to make thorough examination of all the au-
thorities bearing on the subject but as my i'm
pressions, founded on general principles are very
decided, / will state them, in as few words as l
can, and fortfy them by references to such stand
ard authors are before me.
1t seems to me that if there be any propo-
stion which has been more firmly established
than another, by the terrible struggle through
which our country has passed, it lis, that the
Constitution Of the u. S. and all laws passed in
pursuance thereof are the supreme law of the
land, anything in any State Constitution or laws
to the contrary Notwithstanding. As corrollary
to this proposition, it must be conceded, that all
proclamations of the President, and other execu-
tive action, following up the Constitution and
laws OF the U. S., and intendedsto give practical
effect to them are of like permanent authority.
If we bear this cardinal proposition in mind it
will give much aid in solving the difficulties viii CHI
surround the subject.
The Constitution of Virginia provides that :'no
person shall hold any office under this Constitu-
ton who has held office under the sQ-called Con-
federate government, or under any rebellious
State Government or who has been member of
tho so-caled Confederate Congress, or member
of any State Legislature in rebellion against the
authority of the United States, excepting those
from County officers
1t also requires that every one who shall seek
to hold any office under the Constitution of Vir
glnia shall take and subscribe the following oath ::
81 do solemnly swear for affirm) that will sup
port the Constitution of the U. S., and the laws
made in pursuance thereof, as the supreme law. OF
the land, anything in the Cons tituton and laws of
the State Of Virginia. in the ord inances of the
Convention which assembled at Richmond, n 9th
Feb, 1861, to the contrary Notwithstanding, and
that | viii uphold and defend the government of
Virginia, restored by the Convention which as
sembled at Wheeling, on / It'll of June, 1861, and
that have not since the 1st Of January, 1864,
Voluntarily Civ aid or assistance, in any way,
to those III rebellion against the Government of the
United States, for the purpose Of promoting the
same''
The language Of the Constitution and oath, is
very broad and compre hensiye, and if they be
consistent with the constitution and laws of the
u. S.. the effect will be to disfranchise probably
80 out of every 100 of our citizens For whateV-
or opinions parties may have entertained in gard
to the unconstitutionality of secession, and the
the Union there is hardly man to be found, who
after the war had been commenced, and his sons
and brothers and near relations we're forced into
it by CONSUMPTION, did not furnish them with hor-
SEES, clothing, food money, and other articles nee
essary to their comfort and thereby incapacitate
himself from taking the prescribed OATH
We cannot disguise the fact that the object and
effect of the provisions of the constitution abov
quoted, were to impose other and generous penal
ties on persons guilty of treason, in addition to
those imposed by thu laws of the U. S. 1t mat
ters not what the form of the Acknowledgement
may be- it is substantially penalty for offence.
Treating it penalty two questions present
themselves
lst, Is it competent for a State Government to
impose penalties for an offence against the q. S.
in addition to- and different from those which the
Congress of the q. S. has thought proper to i'm
pose and
I'd, If such penalties be imposed, how far will
the pardon of the offence, by the President, grant
ed III. pursuance of the consti tution and laws of
the u. s. operate to relieve the parties from such
penalties
The constitution CT U. s., Art. III, Sec g. de-
clare that 'sTreason against the United States
shall consist onlyin leyying war against them or
III adhering to their enemies giving them aid and
coyltcrt. No person shall be convicted Of Treas
on, unless, on the ties timony of two witnesses to
the same overtact or by confession in open court
I'd, 'The Congress shall have power to declare
the punishment of treason, but no attainder of
treason shall work corruption of blood or forfeit
ure except during the life of the person attained y
1t seems to be an established principle that in