Vicksburg weekly herald., 1870-01-29

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military commission when be
takes his seat as Uniied States
SenaioFq Itis rumoFed that he
hopes 70 hold both positions that
be does not intend to resign.
The Constitution Of the United
States has heretofore been con
slrued to prohibit any such con
dition OF affairs. Ithas in the past
bean held that the civil and mill
tary service should be kept en-
tirely distinct no merging the one
with the other. But then what
is the Cons titution, and of what
avail is It? 1t is a tattered, neg.
lected and disregarded old piece
Of national furniture, which has
grown too antiquated for modern
use, and islinIcOnsequence chucked
away in the cock loft to be fes-
tOoned by spiders and clothed in
the indisturbed dust of the age.
If it is simply Constitutional pro.
visions which are referred 10 the
subject has passed beyond debate,
for they control nothing if they
conflict with Radical interest.
The question of whether General
Ames will resign his army com,
mission or not, is decided sole.
ly by the action Of the Radical
party in Congress. Ifthey choose
to admit him without demanding
that he shall resign, there will be
no course Of action open where by
legal decision he could be COM
PEELED to measure his acts
by the demands of the law
of the land. For If the
dominant party should decide to
sustain there is not a Court in the
country possessing sufficient in.
dependence to declare Radical
action illegal and unconstitutioA.
al. The various courts would eli.
ther refuse to hear, avoid q trial
upon questions Of jurisdiction or
the various other schemes BY
which they have lodged action
on the Reconstruction Acts.
While those who would desire to
see General Ames comply with
the law, should point to the ac.
ton had with reference 10 Gene..
al Rosseau-when he was elected
to Congress and compelled, be,
fore being permitted to take his
seat, to resign his position in the
Army, to which, however, he was
afterwards re-appointed by Mr..
johnson. The opponents of such
views could in equal illustration
point to the cases OF General
Slckles, Minister to Spain, and
Colonel in the Army, and to that
of the President of the United
States, who, so far as VIC can
learn, has never resigned his po-
sitiOn in the Army. In Cen
eral Sickles case he was given n
leave Of absence to enable him to
accept and fill the position to
which he was appointed. This
of course carries with it pay
in both departments. We pre-.
sumo General Grant also gave
himself an indefinite leave To
enable him to occupy the Presi-
dental chair, and with it the sal
ary belonging to the position, and
in time, in all probability, draw
back pay, commutation for quar-
ters, fuel, ratlons, and other little
matters as an officer in the army
during this interesting lite period
in his rather eventful history. If
two such illustrious men, Generals
Grant aud Sickles, can do these
things, why cannot Gen. Ames .?
We have often thought why it is
that General Ames should be will
ling to surrender a life position
in the army for q five years term
in the United States Senate. We
can account for it only in one
way, and that is by asserting that
We do not believe he intends to
resign his military position, but
simply intends to spring this point
upon his Radical coadjutors in
Gen. Ames is one of
The unattached officers, and when
his term of service here in com.
nand of this department shall
have expired, lie will be put
upon the awaiting orders" list