Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1870-02-02
DISABILITY TO HOLD OFFICE uN-
DER TaE FOURTEENTH CoNsII'
s-TrvT8yAI AMENDMENT.

The substance of the Fourteenth Con-
s;,u,ional Amendment is, that no per-
son who has held auy ofice, civil or mil
itary, under the United States, or any
Sale. and as such officer has taken az
oath to support the Constitution OF the
United States, aud sfterward shall have
engsved in rebellion or insurreciion
.gsinst the United States, or any State,
or given sid or comfort TO the enemies
thereof, shall hold any tfice, civil or
military, under the United States or any
State
It's proper that the force and opera
lion of this clause Of the Constitution
shall be distinctly understood. Persons
malic,ously disposed toward candidates
for office are likely to be inclined to make
usa Of the clause as means of irjuring
the election to Office Of candidates whom
they #;sh 10 defeat l. osght to be ex-
pactad that geulemen who took part in
the rebellion, bee use they deemed It
du,v they owed to the South, will not be
diszosed for ssch reason to iniare their
associates in arms However, 1T Is per-
hsps too much to expect of human ma
tuts. that there will not be occasional in
ataness where selishness will nislesd
men TO DO acts which their better feelings
aud principles should disspprove.
Bot TO the Law in this matter. The
Glance in question has rsceived the ex'
pos;tion. aud, TO some extent the deer
sion of Chief Justice Chase. sf ihe
Supreme Court Ct the United States, an
the case Of Judge Schaffer, Judge OF
one of the Circuit Courts Of Virginia.
Judge schaGer held an oeice before the
rebellion, and took the osth 70 support
the Constitution Of the United States,
and after the close OF the war was again
aupoin,ed Judge Ct one Of the Circuit
Courts Of lhe State. Acting as such
judge, he tried, convicted and sentenced
man upon charge of felony of high
grade. Objection was made 10 the va
lidiiy Of the proceeding, on the ground
that the Judge was disqualified to hold
Office by operation Of the fourteenth
Amendment, and, therefore, the sestsnce
was null aud void. Judge Chase held
otherwise, deciding that the proceedings
of Judge Schaffer we're valid. 10 the
course of his opinion. Judge Chase en-
tered at some length into the discpssion
Of the effect Of the Fourteenth Amend
ment. He held, frat, that the clause was
imperative without legislation by Con-
gress to give II effect. SECOND. that the ex-
elasion from office because Of pariicipa-
ton in the rebellion was Of the ssture Of
punishment for an oifense, and conse-
queutly ought not to be allowed TO ope-
rate upon acts Of the kind. committed be-
fore the clsnse became part Of The Con-
sii,gtion. E. post fdefo laws are those
which undertake TO iraict puuishaest
upon sets ioue before the enactment Of
he law. aud WHICH, when committed,
we're not sal jsci to tie punishment in
posed By TIE IsE. Laws Of this kind are
expressly prohibited BY the Constitution,
ard are universally rsprobalsd By Ell civ
ilizsd governments. To asctits 70 The
Amendment operation upon sris dout
before il became part Of the Consolation,
is. clearly 70 give j. The character Of 80
e. post fdsf0 Law. rss opinion q ledge
chsss Distinctly iutinass5 hat sscb
esscf could pOi be rroperlyEirsutoit It.
Il is clear, therefore. itsi he Fear