The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1871-04-15
Removal of Disabilities.

6peCCn Oh 1Ou. 1uOmhS y. 4hoOSthooht Va
South Carolina, delivered in the United States
Senate on March 2lst. the Senate having
under consideration the following amendment
proposed by Mr.. Sawyer:
"The bill to relieve all persons engaged in
the rebellion from the disability imposed by
the Fourteenth Amendment to the Constitu-
/ ton. with certain exceptions"
Mr.. Robertson said: Mr.. President, the
amendment offered by my colleague is to in
elude in the resolution the bill introduced by
| me originally and now before the Senate.
This bill proposes to relieve the disabilities Of
all persons involved in the rebellion eIeept
three classes:
First-Al persons who, being members of
the Congress of the United States. withdrew
from their seats and aided the rebellion.
Second-An persons who, being officers of
the army or navy Of the United States, and be-
ing above the age of twenty-one years. left
said army or navy and aided the rebellion.
Third-All persons who, being members Of
State conventions which adopted pretended or
dinances of secession, voted in favor Of the
adoption of such ordinances.
Mr.. President, the third section Of the
Fourteenth Amendment Of the Constitution of
the United States excludes from State or Fed
eral Office all persons who participated in the
| rebellion who had held any Office, State OF Fed
eral, which required the taking Of an oath TO
support the Constitution of the United States.
The Fourteenth Amendment was originated
by Congress in June, 1866, shortly after the
termination of the war growing ont of seces-
sion, and before the rebellion was proclaimed
by the authorities Of the United States to have
terminated; which termination was not pro-
nounced to have occurred until the Goth day
of August, 1866.
The Fourteenth Amendment represented
the then existing state of public sentiment of
the people of the United States. The pas
sions agitated by the great struggles through
which the country had passed had not then
subsidized. Even at that early day II
deemed proper To grant amnesty to the greater
part of the persons engaged in the rebellion.
This was done by the Fourteenth Amendment
in reserviug from amnesty a certain class,
those who had taken AN oath OF office to sup
port the Constitution of the United States.
All others engaged In the rebellion were by ne
cessary implication fully pardoned. We may
say, then, IN general terms. that the vast ma
| jority of persons engaged in the rebellion were
pardoned by the Fourteenth Amendment
The Fourteenth Amendment was, then, an act
| Of grace and pardon, 1t Is true II excluded
from this grace and pardon u certain class OF
| persons; but even as to them il did not make
their exclusion from pardon perpetual. On
the contrary, il gave Congress power TO re-
heve all disabilities. The Fourteenth Amend
| nient teaches a lesson of forgiveness, for it
pardoned more persons thanit prescribed, and
and the prescription of none was perpetual
but subject to the discretion of Congress.
When the Fourteenth Amendment was orig
mated 1t was not deemed prudent TO pardon
all persons engaged in the rebellion. 1t was
necessary to draw the line of distinction be-
! tween those who were not pardoned. In
drawing this line in had to be done in a gen
eral way. 1t was done by excluding from par
don all who participated in the rebellion and
had taken the oath to support the Constitu-
ton. This, perhaps, wasusgoOd line of gem
eTal division between those to be paTdOued and
those who were not to be pardoned as could have
been devised. But 1t was merely an arbitrary
! line; and many persons who deserved pardon
were excluded from pardon by II, and many
| persons more to blame than some Of those ex-
| Guided from pardon were pardoned.
The Fourteenth Amendment did not. as re-
| CARDS individuals, dispense exact justice; in
! deed, it did not profess to do 80. Many were
| empraced in the Acknowledgement announced
| 10y the Fourteenth Amendment who were as
| little deserving of prescription as could well be
| imagined, and many of the more intense Sc
| cessionists were pardoned by the Fourteenth
Amendment. We can not consider the Four
teenth Amendment, then, a rule of perfect
| justice. Many of the most innocent were
| punished by 1t; many Of the most guilty alb
| solved. There is nothing, then, in the Justice
| dispensed by the Fourteenth Amendment to
| make us cherish it in an especial manner.
II consult my own Judgment, I would say,
| pass an act of universal amnesty with u few
individual exceptions; but as wish to attain
| practical result have, in difference to what
| take to be the opinion Of Congress, excluded
from my proposed bill Of amnesty all persons
who left Congress, the army or navy Of the
| United States, and all persons who were men,
| bers of State conventions that adopted pre-
| tended ordinances of secession. and voted for
such ordinances and afterward joined the re-
| bellion. With the exception of these three
| classes / propose universal amnesty. NV
| reasons for thus giving amnesty are briefly
these: wish to restore peace, good feeling
and harmony to the country. have always
| been devotedly attached to the union of the
| States. / have always seen in the flag of my
country the symbol Of hope to mankind
! Upon the success of our Government depends
as believe, the fate of liberty.
| know that the Fourteenth Amendmer, Is
considered by many at the South as griey-
ance. propose to remove this grievance. at
least. in part. The tendency Of this removal
can not but be good; il Is u step toward har.
mony naturalization. The experience Of Eng.
! land in regard to Ireland admonishes Inc OF
! the importance of removing all grievances
| The union between England and Ireland has
never been cordial; the Irish people have al
| ways supposed they were hardly dealt with by
| the British Government, and after long expe-
rience of the inefliciency of a repressive policy
/ in regard TO Ireland, the British Government
has become satisfied OF the necessity Of q poll
! cy of Cancellation. My idea is TO profit by
the experience OF Great Britain in regard to
Ireland, and enter upon policy Of concilia-
ton and harmony at once. Lot us exhaust
| Cancellation. IL that fails then other n,eapa