Rock Island Argus. (Rock Island, Ill.) 1871-1872, 1872-03-27
rhs disabilities Question.

oursryumeu, that the fourteenth amend
nsnt disquali6es FROM once only those ex-
cspiod from tho Executive pardon Of July 4,
1868, has been 90 variously oanvassed in the
press a. to render proper its rests,sment' IL
Is this The second section Of the fourteenth
amendment speaks of participation in re-
bellion or other crime, showing that in the
contemplation Of the smsndment crime"
and "par,icips,iou in rebellion" are con
vortible terms Section three of the amend
neDi reads
No person shall be q Senator or Repre-.
sentative in Congress, or eleotor Of Presi-
den, or Vice President, or hold any office,
OWL or military, under the United States,
or under any State, who having previously
taken 90 oath ~ member Of Congress, or
as an Off oer Of the Uoitsd States, or as .
msmbsr Of aay State legislature, or as an
sxsout'Ve or judicial officer OF any State, to
support the Coustit usion Of the nited
SntsS, shall hAvs engaged in Instruction
or rebellion against the same, or given aid
OF comfort 10 the enemies thereof; but Con-
gross may, by vote Of tvo.thirds OF each
House, remove such disability.
That the word disability" in this section
is equivalent to "puni,hmOni' sufficiently
appears from article /, section ., paragraph
7, Of the Constitutions, which says ''judg-
''msnt ia cases Of impeachment shall not
extend further than 10 removal from office
"ABd disqualification to hold or enjoy any
"ofics Of honor, trust, or profit under the
Omitted States" The punishment, in other
words, on conviction upon impeschmeuti is
disability to hold office. Participation in
rebellion, then, being Crime and "disA
bililyn or "disquali6es,ioo" for office bsinl
"puuishment," il follows that the third sec
ton Of the fourteenth amendment imposes
punishment Cor crime. The 2lt Of July
1868, being the time whom lhe fourteenth
Smsndmen, became offoree, thu. Is the dG.
Of the iuhiction OF the punishment o.
whom was il iuilietsd2 Evidently only Of
those at tia, time guilty Of tina crime. Bu
who was then Euility2 Certainly no man wa
whose crime had been pardoued by the En-
seu,iye proclamation Of Jolly 4, 1868. Tn
Supreme Court Of the United States unAn
mously decided on the 29ih of JAn1Ar,
1872, thu, 'pardOn includes amnesty
IDIOTS out the offence pardonsd aud eemovs
'All is penal couSequspceS.' The prOcl'
nation Of July 4, 1868, blo,tsd out ther,
fore, the crime Of every man pardonsd b
H. Bot ever man who participated in ib
rebellion, save the two or three then undt
Indictment therefor, was pardoned by sh
proclamation. In the Iims-honored Lar
guAge Of the Law he became "a new man.
Being . new man the punishmenh Of th
tourtssnth amendment touch him not. Tn
grounds on which those pupishments bs'
themselves are lacking in his case. On
those guilty OF participation IN rebellion Al
amsnable 10 the disabilities Of the fourtesu
amendment, and he iS not guilty whose gu
was blottsd out before the disabilities
came law.
Congress indubi,ably viii hold tina, be
guilty, bat IL is fortunately the case tn
Congress can only act upon such q view
respects Itself Either House is made $,
judges Of the qualifications Of its tSeI
bsrs, and despite bis clear, rigbtful tit
may refuse to admit Q Ssnstor or RePr
sentative elect on the ground that be
disqualified under the fourteenth amen
msnt. No judicial process can reach SUI
RvTOnE, bot in every other case where
man ID denied the oHiOs TO whioh he
been chosen there 10 q remedy in I
courts. Let him hold and exercise
Office, and when indicted therefor und
section 10 of the Sc1 Of May 81, lsi
plead that ~ he was not guilty of any p'
ticipAsion Ia rebellion whom the fourteen
amendment became Of force its pensls
on those who we're guilty touch him not.