Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1870-01-26

Would strike together and restore It;
II right made might in every fight.
The world would be the better for il.
.z=zzzzII.zzI.u..-
Reconstruction. ---OpiniOnS Of Senator
Morton.
The following is the Globes report
of the remarks of Senator Morton, OF
Indiana, on the 10th inst, in regard to
reconstruction in Virginia particu-
larlyand in the south generally.
Mr.. President, without discussing
the question as to what the Governor
is required to do, it will be admitted
that the members of this Legislature
are not required to take the test oat i
unless there be some provision of law
demanding it. Now, the only pro-
vision of law that is relied upon is the
9th section of the act of July 10, 1867;
and / show, and | think there can be
no doubt about it, that the words used
there referred to then existing So
called States, because that was the
language we then employed to des-
cribe those pretended organizations
brought about by President johnson;
and the same language employed in
the I'd section, authorizing the Gener-
al of the army to fill any vacancies
in office in the place of any persons
elected or appointed to Office under So
called State or municipal authority
settles the question as to the meaning
of it.
But now 1 come to a broader propo-
sition, to which invite the atten-
ton of the Senator from Michigan.
and that is, that the whole spirit of
the reconstruction acts, from begin
ming to end, permits all rebels to take
part in the reconstruction of these
States who were not embraced in the
third clause of the 14th Amendment.
/ make the broad statement that the
spirit of the reconstruction act is that
Ill rebels might take part in the reOr-
ganization of these States, except
those who are embraced in the third
clause of the 14th Amendment; that
mere participation in the rebellion is
not to be regarded as an ineligibility,
but that being embraced in the third
clause of the 14th Amendment was to
be regarded an ineligibility and, to
show that, / will begin by reference to
the original reconstruction act, which
was passed on the I'd of March, 1867.
What was the qualification of vo-
ter, one who was authorized to vote
for members of the convention under
that act? Was a man disqualified
from voting because he had partici-
pated in the rebellion? No; but if he
was embraced by the third clause of
the 14th Amendment he was disquali-
fed. Then, what was the disqualifi-
cation of a member of the convention?
He was not disqualified because he
participated in the rebellion, but he
was disqualified if he wa5 embraced
in the 14th Amendment. The provi-
so to the fifth section of the first of
the series of acts is as follows:
"PrOUided, That no person can be
excluded from the privilege of hold
ing office by the said proposed amend
ment to the Constitution of the Uni
ted States" referring to the 14th
Amendment, which had before been
named-'shall be eligible as a men,
Der of the convention to frame con-
for any of said rebel States
nor shall any such person vote for
members of such convention"
If it was not designed to exclude
man from the convention that was to
frame the fundamental law, because
he had taken part in the rebellion and
only in case of his being embraced in
the fourteenth article, is it reasonable
to suppose that Congress meant to ex-
clude a man from seat in the Legis-
lature, to be afterward elected, be-
cause he had participated in the re-
bellion and was not embraced in that
No, sir; the very spirit
of these acts from the beginning is
that rebels shall be allowed to partici-
pate in the reorganization of these
States, unless they are persons en-
braced within the disability created
by the third clause of the l4th Amend
ment.
That is the way it starts out. Now,
| come down to the act of July %,
1868, providing for the admission of
certain States. 1t will be found, by
reference to that act, that the original
idea and spirit is carried out; that the
only disability to take part in the re-
of these States is that
by the third clause of the
l4th Amendment. | will ask the
to read the concluding part
Of the third section of the act of 1868. |
The Chief Clerk read as follows
"But no person prohibited from
holding office under the United States, |
Or under any State, by section three
Of the proposed amendment to the
of the United States
known as article fourteen, shall be |
deemed eligible to any Office in either
Of said States, unless relieved from
as provided in said amend !
nent; and it is hereby made the duty |
Of the President, within ten days af- /
Ter receiving official information of
he ratification of said amendment by |
he Legislature of either of said States, |
% issue proclamation announcing |
hat fact.
Mr.. Morton-That was simply the /
declaration, upon the admission of the |
States named in this act, that the /
for office in those States /
,hOuld be the disability under the |
-4th Amendment and none other.
The amendment introduced by the
Senator from Massachusetts required /
hat the members of this Legislature
hall take the test oath; that is to say,
hat they have not been concerned in
he rebellion, either directly or indi-
'ectly. If that was not the law at the
ime of the election, then those men
we're eligible TO be elected unless they
we're embraced in the fourteenth arti-
lie. Therefore, the effect of the adop-
ion of the amendment of the Sena-
or from Massachusetts, would be this:
hat he would now create a qualifica-
ion for office which did not exist at
he time these members were elected;
hat they were eligible to election,
nut that they were afterward required
o take the oath which they could not
axe. Sir, that would not be good
aith. We are required to keep good
aith, as well as to require the rebels
o do it; and, when we lay down our
oDdition and say that if those con-
itions are complied with they shall
e entitled to admission, if they fairly
omply with those conditions, we can
lot, without some very grave reason
ONE new and important develop
nent, refuse to admit them.
As l before remarked, for my part 1
egret that the reorganization of these
,tates was not confined IN man ubo