The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1871-03-31

Speech OF Senator ~. Rohessson..
We have published extracts from the
speech OF Senator Sawyer on the remoy-,
the Senate on the 2Ist inst. Senator
Robertson followed Mr.. Sawyer in the
debate, and the subjofned extracts are
taken from the report of his speech:
The Senate having under oonsidera-
ton the following amendment proposed
by Mr.. Sawyer:
Aud "the bill to relieve all persons en-
gagged IA the rebellion from tho disabiii-
ty imposed by the fourteenth amend
ment to the Constitution, with certain
exceptions" MIR. Robertson said:
Mr.. PRESIDENT: The amendment offer
ed by nv colleague is to include in the
resolution the bill introduced by me
originally, and now before the Senate.
This bill proposes to relieve the disnbili-
ties of all persons involved in the rebel
lion except three classes:
1st. ALI persons who being members of
the Congress of the United States with
drew from their seats and aided the re-
belliop.
I'd. All persons who being officers of
the army or navy of the United States,
and being above the age of tv o ,ty-ol 9
j
the rebellion.
Sd. All persons who being members OF
State conventions which adopted pre-
tended ordinances of secession voted in
favor of the adoption Of such ordi-
nances.
Mr.. President, the third section Of the
fourteenth amendment of the Constitu-
tion of the United States excludes from
State or Federal Office all persons who
participated in the rebellion who had
held any Office, State ,r Federal, which
required the taking of au oath to sup
port the Constitution of the United
States. The fourteenth amendment was
originated by Congress in June, 1866,
shortly after the termination of the war
growing out Of secession, and before the
rebellion was proclaimed by the authori-
ties of the United States to have termi-
mated, which termination was not pro-
nuunced to have occurred until the Goth
day of August, 1866.
The fourteenth amendment repre-
sented the then existing state of public
sentiment of the people of the United
States. The passions agitnted by the
great struggle through which the country
Even at that early day, it was deemed
PlOPCt W BLouu u"uCotJ ~ LhO RtcutcI
part of the persons engaged in the rebel
lion. This was done by tho fourteenth
amendment. in reserving from amnesty
q certain class-those who had taken on
oath of Office to support the Constitution
Of the United States. All others engaged
in the rebellion were, by necessary i'm
plication. fully pardoned. We may say,
then, in general terms, that tho vast
majority OF persons engaged in the rebel
lion were pardoned by the fourteenth
amendment. The fourteenth amend
ment was, then, an act of grace and par
don. It is true, it excluded from this
grace and pardon a certain class of per-
sons; but. even as to them, it did not
make their exclusion from pardon per-
petual. On the contrary, it gave Con-
gress power to relieve all disabilities.
The fourteenth amendment teaches the
lesson of forgiveness, for it pardoned far
more persons than it prescribed, and the
prescription of some was perpetual, but
subject to the discretion of Congress.
When the fourteenth amendment was
originated, it was not deemed prudent to
pardon all persons engaged in the rebel
lion. 1t was necessary to draw the line
of distinction between those who were
not pnrdoned. In drawing this line, it
litu " Dc oOlc III u beucTdI "hy. IL WINS
done by excluding from pardon all who
participated in the rebellion and had
taken the oath to support the Constitu-
ton. This, perhaps, was as good a line
of general division, between those to be
pardoned and those who were not to be
pardoned, as could have been devised.
But it was merely an arbitrary line; and
many persons who deserved pardon were
excluded from pardon by it, and many
persons more to blame than some of
those excluded from pardon were par
doned
The fourteenth amendment did not, rs
regards individuals, dispense exuct JUS
tlce; indeed, it did not profess to do ST..
Many were embraced in the disfranchise-
mcnt announced by the fourteenth
amendment who were as little deserving
of prescription as could we'll be ina.
gined, and many Of the more intense
secrssonsts were pardoned by the
fourteenth amendment We cannot con-
slider the fourteenth amendment. then,
as u rule of perfect justice. Many of
the most innocent were punished by it,
many of the most guilty absolved.
There is nothing. then, in tho justice
dispensed by the fourteenth amendment
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