The Carson daily appeal. [volume] (Carson City, Nev.) 1865-1870, 1869-05-14
RICHMOND ADVICES OPINION OF
JUsTICE CHASE.

JUSTICE CHASE.
RICHMOND, May l0.-,Chief Justice Chase
delivered an opinion on the appeal from
Judge Underwood's decision declaring null
the sentence of Judge Shafiev, on the ground
of ShafHey's neligibiity-under the Four
.een.h Amendment. The Chief Justice
holds that the State Government of Virginia
was recognized during the war by Congress
at Wheeling and Alexandria. Shaffiey was
a legal Judge far as the State Govern
ment was concerned. The question was
whether, being ineligible, he was absolutely
removed bv the Fourteenth Amendment.
In the examination of question of this
sort, great attention is properly paid to the
argument of Inconvenience and cnnstruc-
ion. That which necessarily occasions
great public and private mischief must never
DE preferred tc a construction which does
not, unless the terms of the instrument
absolutely require such preference. the
Chief Justice then proceeds to show the an
srchy which will Pc produced by declaring
the past legal proceedings void. He then
considers the character and intent Of the
third section of the Fourteenth Amendment,
which he declared to be primitive [tawl.
The Fourteenth Amendment is hot seif-en-
forcing; it needs further legislation by Con-
gress. Two months after the Judgment
being discussed was delivered. Congress
passed joint resolution providing for the
removal of ineligible officers, thus showing
that persons then holding office were re-
garded IS de ficto officers, and also, pro-
viding the means for their removal by a
military Court. Ee said the Supreme Court
unanimously held ti.at* person sentenced BY
Judge de facto, though not Judge de j4re,
could not be reached BY habeas corpus.
Judge Underwood's decision was reversed
and the prisoner remanded to the State au-
thorities.-Press Dispatch.
We shall! not attempt to criticise thi,
opinion. Kent was doubtless a more
expert law commentator than we are
But any body may indulge in an expires
sion of his opinion of Mr.. Chief Justice
Chase. He happens to be one of the
politicians of the day. probably he
wrote Sprsgue's speecb.) Just as
likely as not this reported decision is
correct one. But, coming as j. does
from q man who deserted the Eepub- |
iican party for the company of Valian
bingham and the desperate chances of "a
nomination on the Democratic ticket Of
1868 for the Presidency, we are sus
picious of the motives which aetuated |
it. We, to speak plainly, believe that
Mr.. Chase is seeking to use his position
far his own political advancement The
tenor of his acts, official and otherwise,
warrants such q conclusion. Here, the |
other day, be made rulings in the
Maryland Circui. Court lin the case OF
Kimberly against Butier) which were
quite as full Of comfort to tie secesh as
this Virginia opiniou-not that there is
any particular harm in comforting the
secesh when it is the part of law and
duty to do so-but Mr.. Justice Chase
seems carefully shaping his course
TO. win the favor of, aud to make
. personal party of the politicians and
rartizans that got beaten and discom-
6,ted when Grant was elected. Chase
arly so from the fact that he holds a
very high and influential position which
he simply holds as being stepping
atone, if s6roitly employed, to the goal
If his bad ambition, the Presidency of
40 United Stataa. The bed rock rea
ION for any opinion Of his that may con
Ierve the doctrine of State Sovereignty
= that he is as badly inoculated With
he virus of that doctrine as ever An
rev johnson was. The greatest cal Ii
nifty that could befall the United States
would be Salmon P. Chase's election to
he Presidency; one of the greatest 7
nisfor,unes already upon Us is his in
aaahency CT the place he now fills. r