Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-09-02

But if we hold that in enforcing said
amendment, Congress is limited to such
appropriate legislation as is consistent
with every article end section of the con-
stitution and to give effect TO every word
and clause of that instrument, which can
be done, by considering the amendment
as only empowering Congress to punish
these crimes prospectively, and not en-
powering Congress TO punish prior crimes
or offenses, this construction harmon
ICES every article and section, and gives
full force and effect to every word and
clause. This being SO, it is the only true
and legal construction of the Fourteenth
Amendment, when taken in connection
with other parts of the constitution, and
is the one that must be adopted by the
courts. In the language of Judge Cooley,
''We venture also to express the opinion
that the construction of the constitution is
to be construed to operate prospectively
only, unless its terms clearly imply that it
should have retrospective effect. This
is rule that must always be
adhered to in the construction
# statutes, unless there is something on
the face OF the enactment putting
beyond doubt that the Legislature
meant it to operate retrospectively. And
we are aware of no reason, applicable to
ordinary legislation, which does not, upon
this point apply equally well to consti-
tutions.p Cool. Linn, 81, 81. In giving
this construction to the powers vested in
Congress, it avoids all conflicts with the
different clauses, harmonizes them, and
is to be preferred to that construction
which produces conflict between them,
and fails to give effect to every word and
clause. If we are right, and we are sat
isfied that we are, then no conviction can
be had under this act of Congress against
the parties mentioned in the said amend
ment, unless they have been guilty of the
crimes therein enumerated since the adop
ton of the amendment. Any other con-
struction than this, in the language of
Mr.. Justice Story, would be clear and
obvious violation of the plainest principles
of common right and natural justice and
absolutely void, and inconsistent with the
letter and spirit of the Constitution.
6. In conclusion permit me to say,
that, if you were in the class of persons |
pointed out by the Fourteenth Amend
ment, you could not be punished or con-
victed under this act of Congress for the |
reasons before given; but as matter of |
fact you do not fall within the class said |
to be under disabilities. You never left |
your seat in Congress-you remained |
until President Lincoln had been insugur-
ated-you passed upon his nominations,
and only left Washington after the Senate |
adjourned. You levied no war against
the United States, nor adhered to her
enemies, giving them aid and comfort in
the legal acceptation of these terms. ''NO
words, oral or written or printed, however
reasonable, seditious or criminal of them
selves, constitute an overt act of treason
within the definition of that crime. When
spoken, written, or printed in rela-
ton to an act or acts, which,
if committed with reasonable de-
sign, might constitute such act treason
but would not constitute the speaking and
writing themselves reasonable. There
must be some act-such as giving intelli-
gence with intent to aid the enemy in his
acts of notwithstanding provisions or
money-furnishing arms or troops or
munitions of war, ETC." Justice Nelson,
5 Blatcf $50. Now as you have never
been guilty of any of these acts, you are
not in the purview of the Fourteenth
Amendment. There are other views of this
subject, which are equally conclusive,
but they would ex;eal this letter too
much, as it is already too long.
Your friend, NJ. S. FRIERsON.