Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1869-05-21
2 Judge Chase and the four'een'n
Amendment.

Nor long apo Judge Underwood, OF
the Richmond Federal Court, renuereu
decision nullifyinga sentence previously
rendared bv Judge Shefey, of the STATE
Court ON the ground of the latters III
eEgihilitv under the fourteenth article OF
the Constitution. The clause upon which
Jndge Underwood based his decision ID
the clause declaring ineligible to any State
or Federal office any person who, having
previously taken an oath to support Inc
Constitution, was in any way connected
with the rebellion, unless Congress should
remove the disability. This decision was
nullified on Monday last by Chief Justice
Chase. The Times claims that the latter
decision virtually pronounces void q
clause in the Constitution itself" Ii SO
Judge Chase has made another bid for the
Democratic nomination for the Presi-
depcy. Setting aside constitutional obi.
cations is one of the characteristics OF
Democracy, especially when there is
rebel in the case, and more especially
when, as now, there is also negro under
the woodpile. But the decision is not
fairly susceptible ofany such interpreta-
ton as the Times puts upon it. The
Chief Justice did, indeed, make the ques-
tionable statement that the Fourteenth
Amendment is not selfenforcing, and
needs further legislation of Congress to
enforce it; y butshe also added that two
months after the judgment now being re-
viewed was delivered, Congress passed .
joint resolution providing for the removal
of all ineligible officers-showings ihs1
persons then holding office were held TO-
be de .facto officers, and also provldl!n1g
the means for their removal by the mill
tary. The court said the Supreme Court,
had unanimously concurred in the opinion
that prisoner sentenced by Judge 0e
facto, though not Judge de J1re, couid
not be reached by the hd6e0s cor1ps,S.
1.-The facts in the case are unlmportant,
but to bring out clearly the legal principle,
involved, and which is of the utmost I'M
portance, we give the facts themselves as
reported by telegraph, assured that IL they
do not justify the decision rendered, tney
will certainly disprove the allegation that
the decision sets aside the Fourteenth
Amendment
"The case was that of Cesar Griffin, negro,
who was sentenced to the Penitentiary FOR snooI-i
ing man. The Chief Justice read the opinion
of the Court, holding that as the state court OF
Virginia had been recognized all during Inc war
by Congress-frst at Wheeling, and then at Alex
andria-as the action OF the Government In div1d,
ing the State had been recognized by the Federal
",
elected by that Government had been allowed
seats in Congress; and as 1t was under this Gov
eminent that Shelley had been appointed, he was,
therefore, legal Judge, as far as the State Gov
eminent was concerned" ~ ~ 81. &E
g The decision amounts, in fact, TO this
the amendment is not an er post tacto law.
The Constitution prohibits the passage of
such laws, and this prohibition is TO be
considered in interpreting all constitu-
tional provisions This is certainly very
reasonable. Endless confusion, positive
anarchy, would follow the er post facto ap-
plication. The judicial action Of years
would be open to fresh litigation. Judge
Chase believes in letting the dead bury its
dead, and beginning the application, of the
law with its incorporation into the organ
ic law Of the land. 4 This is the whole Of
it. To torture this position into nullif-
cation of a clause of the Fourteenth
Amendment is absurd and far-brought. 1t
shows either stupidity or perversity, or,
rather, both of those eminently Demo-
cratic qualities Ohicooo Journal, May 10.