The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1872-04-03
HE WORLD is GOVERNED To0.MUCH.
Does the Fourteenth Amendment Dis.
qualify Anybody?

The decision of the Supreme Court
of the United States, delivered Janua-
ry %, 1872, in the case of the United
States, appellants, vs. John A. Klein,
surviving administrator of Victor +.
Wilson, deceased, raises an interesting
question as to tile force of the third sec
ton of the fourteenth amendment to
the Constitution of the United States.
That section reads:
No person shall be Senator or Repre-
sentative in Congress- or elector of Fresi-
dent or Vice President, or hold any office,
civil or military, under the United States,
or under any State, who having previous.
ly taken an oath as an officer of the United
States, member of any State legis-
lature, or as an executive.or judicial Off
Ger of any State, to support the COns;itu.
ton of the United States, shall have en-
gagged in insurrection or rebellion against
the some, or given aid or comfort to the
enemies thereof; bht Congress may. by
vote of two-thirds of each House, remove
such disability. - 5 &c
The construction put upon this sec
ton by Congress will appear by look
ing at any "reIief BILL" That approx
ed March 3, 1871, the first which
comes to. hand will do as well as
any. 1t appears among the private
acts thus: -'"
CHAP. CLXXI. An act to relieve certain
persons therein named from the legal
and political disabilities imposed by the
| fourteenth amendment of the Constitr-
ton of the United States, and for other
| purposes. 1sR WrI ign
BE it enacted on the Senate and House Of
| Representatives. Of the United States Of Au,e-
ricG in Congress assembled, (two-thirtls ot'
each House concurring therein,) That all
! legal and political disabilities imposed by
1 the fourteenth amendment of the Consti-
tuition OF the United States, by reason of
participation in the late rebellion, be and
they 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-'sim i'm.
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 thu
United States becomes part of that in
:. Observation-Disclosures on the day, of the
date of the last ratification by State
Legislature which is necessary, or from
; the time the Secretary of State of Tho
United States announces that it is va
lid to all intents and purposes as par
r of the Constitution, or albany Othel
time-and in the case of the fourteenth
amendment there is moro than til,
usual doubt as to the exact day. If :
ratification once given cannot be re
, called by State Legislature, and thu
original notifications of New Jersey
Ohio and New York were unaffecte,
c by the subsequent Withdrawals of thos
States, then the South Carolina an,
: Louisiana notifications, both, of whicl
bear date July 8, 1868, made up TIL
full tale of the twenty eight ratifica
tons required, and the amendment wa
'adopted on that day, July 9, 1865
agreeably to article V. Of the Constitu
ton, which declares any amendmen
: valid to all intents and purposes a
part of the Constitution Nchen. rattle
R by the legislatures of three-fturths c
D. the several States" If the withdraw
! ais of their several notifications by Ne7
% Jersey, Ohio and New York were gooi
y then the full tale of notifications wa
made up by Georgia, July 81, 1876;
and the amendment became of fore
f that day. If Congress has the right
ID fix the date when any amendment bs
70 comes part of the Constitution, the
e. July 81, 1868, is the date of the adoI
e. ton of the fourteenth amendment, Cor
h gress by concurrent resolution of tn;
Of day announcing "tlrat said fourteent
-. article is hereby declared to be pa
of the Constitution of the United State
i, and it shall be duly promulgated I
81 such by the Secretary of State"
m under tleusage since the act of APP
Up 90, 1918, the date of adoption is TIL
X on which the Secretary of State cert
fes to the adoption, then the fou
: teenth amendment was adopted Ju
Il %, 1868, Secretary Seward then cert
flying .'that said amendment has b
come valid to all intents and purpos
! i as n part of the Constitution of Il
s United States" Owing to the peeuli
circumstances, therefore; attending t
action upon it, the exact day when Il
!" fourteenth amendment became of for
is not otherwise ascertainable than TIL
it must be either the 9th, the 2lst
- the 2Sth of July, 1868. Month al
year are beyond question, and the d
II is not before the 9th OF after the 2S,