Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1872-08-14
xith congresslonal District.
Ge.. Clarke EllsiSilisy - . Sect
In Congress.
IFrom the Missouri Republican.

(From the Missouri Republican
EDIToRs REPUBLICAN: There is q
communication in the Republican of
the 5th inst, signed "Vindex," at
tempting to show that Gen. John B.
Clark, Sr., Of Fayette, Howard couu-
ty, is not eligible to a seat in Con-
grcss. In justice to- him and a host
Of friends who have urged his claims
for Congressional honors in this dis
trict, l make the following answer:
Gen. Clark, as stated by "Vindex,"
was elected by n large majority to
the Thlrty-seventh Congress; but
he was never a member of that Con-
gress ; he never offered or asked to
to take a seat in it, and Congress had
no power to make him a member. 1t
has the power of expelling those who
arc members, but caunOt make those
members who do not ask it. Blair's
resolution. therefore, did not and
could not have that effect.
Gen. Clark served out his time in
the Thirty-sixth Congress !; he did not
leave his seat therein or violate his
oath to support the Constitution
while a member of that Congress.
The Fourteenth amendment must
be construed either TO include all
persons. from u Congressman TO a
constable, who cver did ut amy time
take the oath to support the Consti-
tuition, or must be confined to those
persons who joined the rebellion du-
ring their term of office. That the
latter is the proper construction call
not admit any doubt. Statutes penal
=, <I,ni. <,l,a ,.., . =. nt.n Y,nN-nl. hold In
mean more than q fair construction
of their words imply. The coustruc-
ton is always limited, extend
ed, otherwise persons might be pun
ishcd for Offences they never dreamed
themselves guilty of. Gen. Clark is
therefore not under disability OH ac-
count of the Fourteenth amendment.
But suppose he had left his seat in
the Thirty-siXth Congress aud viola
ted his oath by going into the rebel
lion. Before the Fourteenth amend
ment was passed, Gen. Clark was par
doncd by the President and the STU
preme court of the United States, in
the case OF Garland, contrary to the
opinion of"VindcX,' declared that a
pardon did remove call disabilities
and penalties, and gave the party new
credit and capacity. AT the time the
Fourteenth amendment was passed
Gen. Clark stood rs one who had
never committed any offence included
therein, and it cannot be construed
to apply to an innocent man, but
only to II who was at that time
guilty before the law.
Vindex has also misconccivcu the
object and meaning of the act passed
at the last session of Congress. That
act is intended to remove, and does
remove, disabilities from some per.
sons, but it imposes disabilities OIL
no one. The act itself declares that
such is the object. II Gen. Clark
was at that time under disability,
but if he was not under disability,
that &C: certainly imposed none.
What IL Radical Congress may Ito is
not the matter in question. When
they choose they may prevent any
one from taking his seat, though moi
under disability, rs they have already
dOue with two of the gentlemen
Gen. Shields and Col. Switzler, who
are asking for the nomination againsI
Gen. Clark. 1t Gen. Clark is DIS
Qualified by law, he ought not to bt
returned but if he is legally quail
fed, Democrats ought not to 0e de
tered from sending Il good man tt
Congress for fear thai Il corrupt par
tv may eXpcl him. In view of thi,
state of facts, the voters o: the Elcv
emth Congressional district, Il lhrg,
majority OF whom it is believed pre-
fer Gen. Clark to any other man
will continue to urge his claims fol
the nomination., believing that thil
matter of eligibility. or the want o
1t, is . scarccrOw, got up expressly Il
nominate some milk and watcr can
didate, who is not the choice of thu
people. Like children, we have bee,
frightened at those stories lon.
enough.
In a Radical Congress no DeHocra,
can be found who would be certain
to retain his scat if his expulsion
was regarded as necessary, and Gen
Clark would be as little objection
able as any Democrat. If, however
as all our people expect, there is
Democratic majority in the mex,
Congress, there is no danger whoever
may be elected, whether Gen. Shields
Col. Switzler or Gen. Clark. Ii
however, the Congress remains n.
corruptly Radical as heretofore, Il,
they have already refused seats
although legally elected, to Cen
Shields and Col. SwitZler, they ma,
do likewise to Gen. Clark.