Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-10-18

| that his acts as sucu Wero nun "uu WIZ
and that as consequence the indict
ment trial, conviction and imprisonmen
were illegal, null and void; and there
fore he ordered Griffin to be dischar set
from imprisonment. Al appeal va
taken to the Circuit Court, which Wal
heard by Chief Justice Chase. who re
versed the judgment Of Underwood, and
remspded Griffin to confinement. Ar
appeal was taken, We believe, to the
Supreme Court, where it is now pending,
awaiting argument and decision ct the
present term of that Court Judge Chase
was of opinion that Sheffey was Judge
de facto at least, and that his acts ~
such were valid while in the exercise Of
the Office.
The Chief Justice indicated the opin-
ion that one ard the chief purpose OF the
section was primitive, incapacity to hold
Office being the punishment; and that,
like other punishments for crime, it could
nat be inflicted without some proceeding
of the nature of trial and convictions,
wherein the party to be affected should
have an opportunity to make defense and
show his innocence. The opinion as
published 10 The newspapers is not very
clear to this point A paragraph of the
published opinion is worth transcribing.
"The object of the amendment I'D sec
tiop) is to exclude certain persons from
certain offices. Now it is obviously i'm
possible to do this BY simple declare
ration, whether in the Constitution or in
an Act of Congress, that all persons in
cluded within particular description
shall not hold Office. For, In the very
nature of things it must be ascertained
what particular individuals are embraced
in the definition, before any sentence Of
exclusion can be made TO operate. To &C.
complish this entertainment and insure
effective results, proceedings, evidence,
decision, and enforcement of decisions,
more or less formal, are indispensable;
and these can only be provided for BY
Congress-.
The Chief Justice further intimated an
opinion that the third section, which de-
clsres the offending persons incapable Of
holding Office, should be constructed to
hsrmonize with the Constitutional pro-
vision which prohibits tbs enactment Of
an ca pest faeto law; and, therefore. that
the third section should not be held ap-
plioabls to acts or offenses committed be-
fore the adoption of the section, and con-
sequently that the section should not be
held applicable to acts done before it's
adoption in aid Of the rebellion.
As to persons elected to the Lsgisla'
ture or to Congress- WIG are within the
prohibitive category, what will be its
operation on them2 Each house of Con-
gress or Of the Legislature is the judge
Of the qualifications it, own members,
exclusive of any contract by any other
department Of the Government. So
when person comes and claims to be q
member and asks to be qualified, it rests
with the House Ehs.hsr to admit or ex-
clude him. Az to the houses Of Con-
gress, Senate and House of Represents
tives. there 10 10 uncertainty as to the
fate of any man engaged In the rebellion
who shall propose himself for admission
as a member. Objection will be made,
Of course, and the Republican majority
and organization are overwhelming, and
their luminosity ia irresistible. As to the
houses of the State Legislature, the dis
position would De otherwise. No otbjec-
ton of the kind has therefore been made,
and none seems likely to be made.
In regard to other State Offices, the
person elected will qualify and enter
upon the Office unless objection be made.
The question is, how can the objection
be made7 ia the absence Of legislation
by Congress on the subj ect, it 10 not clear
the precise mode in which the objection
can he made. Congress has the power to
enact laws giving efficacy to the Constr
tutional aection. Thus far it has not
been done. Chief Jqstics Chase intima-
ted an opinion in the case Of Griffin that
the Constitutional section was incapable
of operation per sc. and that legislation
by Congress vac necessary to give it
effect.
These are grave and difficult questions,
and they are we'll calculated to deter
from candidacy for Office mcn Of nice
conscience and scrupulous integrity
who haze engaged in the rebellion;
and to continue upon the people the
affection Of Bs1 being candidates for
Office who are carless Of osihs, etc.,
consequently Of grade Of integrity
and official fitness.