The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1872-12-05
General Amnesty.

4OFk WoTtO, III relerIluS " tuo duIiClpatOo IL
moyal Of disabilities imposed By the Four y
uation and gives list of persons at present
disqualified, in the following interesting letter
|a44rg .ra ~ ; pc WAsHINGTON, Nov. 20.
1t is accepted as fact in political circles
that the President in his next annual message
to Congress will make an emphatic recommen-
dation for an act of general amnesty and relief
from all political disabilities imposed by. the
fourteenth amendment, and. it is not doubted
that Congress will .ratify this recommendation.
The Radicals have now no political or party
object to gain by keeping up these disabilities,
as IL is perfectly competent for the Southern
people to elect persons of their own opinions
from the number already qualified quite as
ultra as the most ultra of those not yet reliev-
ed. The President can make some capital at
the South by helping to throw overheard the
remnant of disfranchisement that emily serves
to irritate and does nothing to perpetuate Rad
ical ascendancy. 1t is asserted by Grants
friends that general amnesty bill was within
an ace of passing at the last session. 1t would
have gone through but for the skillful opposi-
ton of Messrs. Sumner and Morton In the
Senate, neither of whom are now expected to
stand in the way Of this measure of reconcilia-
tion and peace. '',,
The number now under disabilities Is small,
and probably does not exceed 500, If indeed,
there be so many. The act of last session re-
Ieves all persons Except Senators and Repre-
sentatives of the Thirty-Sixth and Thirty
seventh Congress and officers in the Judicial,
military and naval service of the United States,
heads of departments, and foreign ministers of
the United States" This act is of doubtful
Interpretation. Itcannot be denied that the
intention of those who framed the law was to
except from amnesty those officers of the Uni
ted States Army and Navy who were in service
at the time the war broke out and who resign
ed their positions, and subsequently gave aid
and comfort to the rebellion and that this is the
true construction of the law is maintained BY
Judge Thurman and other sound jurists. 1t
was argued, however, at the time of the pass
age of the bill by the South that whatever the
intention the language of the statute only ap-
plies to those who, having held such positions
in 1861, are now in the Judicial, military
and naval service" of the United States. Such
an Interpretation was maintained by Senators
Conkling and Frelinghuysen, and, if true,
would reduce the number under disabilities to
those who served in the Thirty-sixth and Thir-
ty-seventh Congresses very small number,
indeed. It is safer, perhaps, to adopt the
broader Interpretation, inasmuch as the hold
ing of an Office contrary to the provisions Of
the Fourteenth Amendment is punished very
severely by Federal statute. ..
The list of secessiopists in the Thirty sixth
Congress now living and not yet relieved Of
their disabilities includes the following Sena-
ators:
BENJAMIN Fitzpatrick and Clement G. Clay,
Jr, of Alabama; Robert M: johnson and Will
liam K. Sebastian, of Arkansas; David l..
Yulee and Stephen R. Mallory, Of Florida !;
Alfred Johnson and Robert Toombs, of Geor-
gia Judah P. Benjamin, of Louisiana; JEFF
ferson Davis and Albert G. Brown, of Missis-
sippi; Trustin Polk, Of Missouri; General
James Chestnut, Jr., of South Carolina; A. 0.
P. Nicholson, of Tennessee; Lewis I. Wigfall,
of Texas; and R. NJ T. Hunter, of Virginia.
None of these gentlemen are in public life.
Messrs. johnson, Mallory, and Wigfall are at
the Bar Mr. Benjamin is following brilliant
career at the English Bar; General Chestnut,
Mr.. Hunter, and others are farming, and Mr..
Davis is president OF well-known insurance
company of Memphis, Tenn.
The list of Representatives of the Thirty
sixth Congress still disqualified includes James
L. Pugh. David Clopton, George S. Houston,
and Jabez l.. NJ. Curry, of Alabama; Albert
Rust, of Arkansas Charles L. Scott, formerly
of California, now residing in Alabama (;
George S. Hawkins, of Florida Martin ].
Crawford, l.. J. Gartrell, and James Jackson,
of Georgia Z. @. G. Lamar, and 0. r. Single,
ton, of Mississippi; VIM. N. 81. Smith and
Benton Craige, of North Carolina ). John
Mcqueen, VIM. Porcher Miles, and N. L. Bon.
ham, of South Carolina; John II. Reagan, of
Texas; D. G. DeJarnette, Roger A. Pryor,
Thomas S. Babcock, Shelton F. Leak, ex-Gov.
VIM. Smith, A. S. Edmundson, of Virginia,
and others.
The exception of the Thirty-seventh Con-
gress was made expressly 10 include the case
of General John G. Breckinridge, of Kentucky,
who left his seat as United States Senator, and
subsequently became q major-general of the
Confederate Army, ard towards the close of
the struggle Secretary of War at Richmond.
The list of judicial officers disqualified in
cludes Jno. a. Campbell, former Justice United
States Supreme Court, now engaged in lucra-
tive law practice at New Orleans James ID.
HALLIBURTON, former United States Judge for
the Eastern District of Virginia; J. w. Brock
enbrough, and others less conspicuous. Wheth-
er former United States marshals and district
attorneys come under this exception or not
NAV be matter of doubt. 1t would seem not,
but what Judge Bond or Judge Underwood
would decide in the case of political opponent,
the Lord only knows. The chances are he
would 60 to Albany.
Of the officers of the army and navy who
resigned and went South, some two hundred
and fifty in number, there are probably not
one-half left alive. Lee is dead, and so are
Albert Sidney johnson, Garnett, Lay, d. R.
Jones, Whiting, w. FL. Stephens, Pegram,
Stuart, Van Dorm, O'Hara, Magrnder, Forrest,
Tatnal, and many more. Of the survivors
under disabilities we have General Samuel
Cooper, the Confederate Adjutant General at
Richmond; Generals Joseph E. Johnston,
Beauregard, Braxton, Bragg, Sam. Jones, Har-
dee, Pemberton, Hood, Stephen d. Lee, D. Fl.
Hill, B. S. Ewell, G. W. Gusts Lee, son OF the
H. Haury, and Colonels L. B. Northrop, Com
missary General at Richmond; r. B. Lee,
Larkin Smith, S. G. Myers, Confederate States
Quartermaster General, .nd others. Of the
naval men there are Com n'odore M. F. Maury,
distinguished by his scientific researches and
r.