Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1869-05-21
Judge Chase aad the Fourteenth
Amendment.


NOT long ago Judge Underwood, of
the Richmond Federal Court, rendered a
decision nnllifyinCa q sentence previously
rendered by Judge Sheffey, Of the State
Court, on the ground of the latter'e in.
eligibility under the fourteenth article of
the Constitution. The clause upon which
Judge Underwood based his decision is
the clause declaring ineligible TO any State
OF Federal office any person who, having
previously taken an oath To support The
Constitution, was In any way connected
with the rebelliop, unless Congress should
remove the disability. This decision was
nullided on Monday last by Chief Justice
Chase. The Times claims that the latter
decision "virtually pronounces void
clause in the Constitution itseL" III SO
Judge Chase has msde another bid for the
Democratic nomination for the Presi.
deDcy. Setting aside constitutional obi
cations is one of the characteristics of
Democracy, especially when there Is a
rebel in the case, and more especially
when, as now, there is also negro under
the woodpile But the decision is not
fairly susceptible Of any such intcrpreta-
ton ss the Tines puts upon IT, The
Chief Justice did, indeed, make the ques'
tionable statement that ''thc Fourteenth
Amendment Is not selfenforcing, and
needs further legislation of Congress to
enforce its" bat he 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 ofiicers-showing: that
persons then holding office were held TO
be de fdcto officers, and also providing
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 de
fdcto, though not Judge de jure, could
not be reached by the hdbeds corpus"
The facts in the case are unimportant,
but to bring out clearly the legal principle
involved, and which is of the utmost i'm.
portance, VIC give the focts themselves as
reported by telegraph, assured that If they
do not Justify the decision rendered, they
will certainly disprovc the allegation that
the decision sets aside the Fourteenth
Amendment
1.-THE case was that Of Cmsar Grimm, negro
who was sentsnced TO the Pcnitcntiary Tor shoot,
ing man, The Chief Justice read the opinion
OF the Court, holding that as the State Court Of
Virginia had been recognized all during the war
by Congress-hrst at wheeling, and then at Alex
andria-as the action OF the Government I'm divid.
ms the state had been recognized by the Federal
Government, and senators aud Representatives
elected by that Government had been allowed
seats in Congress; and a. II was undor this Gov
ernment that She1ey had been appointed, he was,
therefore, legal judge, AZ far as the State Gov
ernment was concerned
The decision amounts, in fact, TO this /;
the amendment is not an ca post factO law.
The Constitution prohibits the passage of
such laws, and this prohibition is TO be
considered in interpreting all constitu.
doDal provisions. This is certainly very
reasonable. Endless confusion, positive
anarchy, would follow the en- post tdct0 ap.
plication. The judicial action of years
would be open 60 fresh litigation. Judge
Chase believes in letting the dead bury It's
dead, and beginning the application of the
law with its incor poratlon into the organ
ic law of the land This is the whole of
it To torture this position into nullifi-
cation of clause of the Fourteenth
Amendment is absurd and far brought. 1t
shows either stupidity or pervcrsity, or,
rather, both oil those eminently Demo.
cratic qualities, s. Chicdgo Journal, Nay 12.