The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1872-03-27
THE WORLD Is GOVERNED TOO MUCH,
Does the Fourteenth Amendment Dis
qualify Anybody


qualify Anybody
The decision of the Supreme Cou,
of the United States, delivered Janus
ry 90, 1872, in the case of the Unite
States, appellants, VS.. John A. Kleir
surviving administrator of Victor +
Wilson, deceased, raises an interestin
question as to the force of the third sec
ton of the fourteenth amendment t
the Constitution of the United States
That section reads:
No person shall be Senator or Repre-
sentative in Congress. or elector of Pres
dent or Vice President, or hold any.offict
civil or military, under the United State,
or under any State, who having previou.
" taken an oath as an officer of the Unite
States, or as a member of any State legis
4 lature, Or as an executive OF Judicial off
Ger OF any State, to support the Constitu
ton OF the United States, shall have en-
gagged in insnrrectiOn or rebellion agains
the some, or given aid or comfort to TIA
enemies thereof; but Congress may, by
vote of two-thirds of each House, remoy
such disability. 5s 81
The construction put upon this sec
ton by Congress will appear by look
ing at any "relief BILL" That APPROX
ed March 3, 1871, the first which
comes to hand will do as we'll a.
any. It appears among the private
acts thus: ha
CHAP. CLXXI. An act to relieve certain
persons therein named from the lega
and political disabilities imposed by The
fourteenth amendment of the Constitu
ton of the United States, and for othe,
purposes. - -.4
BE it enacted by the Senate and House O,
Representatives Of the United States of Ams
RIGA IN Congress assembled (two-thirds OF
each House concurring therein,) That all
legal and political disabilities imposed by
the fourteenth amendment of the Consti.
tuition of the United States, by reason OF
participation in the late rebellion, be and
hey are hereby removed from the follow
ing persons, &C.. &c.
1t thus appears that Congress con
siders that prior to the adoption Of the
fourteenth amendment all citizens were
eligible to Office, even though they
might have participated in insurrec-
ton or rebellion, but that with the
adoption of the amendment such class
es as are named therein were rendered
ineligible by reason of such participa-
ton. Or, in the exact language Of this
and all other relief acts, the third Sec
ton of the fourteenth amendment elm
posed" disabilities. In this view it be-
comes of interest to learn the time
when the fourteenth. amendment be-
came of force. 1t has never been iu-
dicially decided when any amendment
proposed to the Constitution of the
United States becomes part of that in
strument-whether on the day of the
date Of the last ratification by a State
legislature which is necessary, or from
the time the Secretary of State of the
United States announces that it is va
lid to all intents and purposes as part
OF the Constitution, or at any other
time-and in the case of the fourteenth
amendment there is more than the
usual doubt as to the exact day. If a
ratification once given cannot be re
called by State legislature, and the
original notifications of New JERSEY.
Ohio and New York were unaffected
by the subsequent Withdrawals of those
States, then the South Carolina and
Louisiana notifications, both of which
bear date July 8, 1868, made mp the
full tale of the twenty eight ratifica-
tons required, and the amendment was
adopted on that day, July 9, 1868,
agreeably to article V. of the Constitu-
ton, which declares any amendment
valid to all intents and purposes as
part of the Constitution "when ratified
by the legislatures of three-fourths of
the several States" If the withdraw
ais of their several notifications by New
jersey, Ohio and New York were good.
then the full tale of notifications was
made up by Georgia, July 81, 1868,
and the amendment became of force
that day. If Congress has the right to
fix the date when any amendment be-
comes part of the Constitution, then
July 2l, 1868, is the date of the adop-
ton of the fourteenth amendment, Con-
gress by concurrent resolution of that
day announcing "that said fourteenth
article is hereby declared to be a part
Of the Constitution of the United States.
and it shall be duly promulgated as
such by the Secretary Of State" If,
lnder the usage since the act of April
20, 1918, the date of adoption is that
IN which the Secretary of State certi-
les to the adoption, then the four
zenith amendment was adopted July
9, 1868, Secretary Seward then certi-
ying, "that said amendment has be-
ONE valid to all intents and purposes
g a part of the Constitution of the
United States" Owing to the peculiar
circumstances, therefore, attending the
ction upon it, the exact day when the
ourteeDth amendment became of force
; not otherwise ascertainable than that
must be either the 9th, the 2lst or