New-York tribune., 1872-08-14

should continue disqualihedf III hno,nol " mhosc
question is what meant by the expression. S,
who may lie disqualified by the proposed amenan%gnJ, ~ ~,
Did II mean those and All those whom under
the State Constitution should continue as 20 an az
ne AmenIment Or
who may be disqualified by and under II, AZ dmded
when the question arises whether tney are olSqu"
under the State COnstituu0nf . .. ,,., ,rouId
Also another question presents ITSELF which wona n
never have occurred TO me- but found 1t stated III ct
tr Of Governor Uadley Ii II the meaning Of Section
of Article wifi of the State Constitution tlht no oho np
is disqualified 10 hold 9c py tne IN or did
mean only that those who might be dsquahed 70 n1 %
ogs; uhuto t do so under the state Constutonf In
dshr ort did the State Constitution mean to do any
more an 70 sSand become part Of the Constitution
of the United States as part OF tne stato & Z
a fr as o hermit no TO vote, n at the tne OF OneI
Dg tn vote ne should he disqualified under That amend
ent and no one 10 bold office, IT, when elected or APP
pointed TO f. he should DO dsqualhed 70 10 50 u"uer
The Governor says that there can be no misunder-
standing as TO the meaning Of the clause I'D tbe sao
@onstitntion No one he holds, 10 be permitted TO
register vote any more than 10 % n2lu
quHnd 40 The Constitticn seems literally read There
are six classes defined and certainly the 9Snea o nv % -,
latter division OF the fourth class Itself III woua seem
as If the reference to the proposed tourteen. AZ
ment solely for the purpose OF fdehuhea'on Vi VII"
! persons disqualified by IL. .,,
These persons ii will be observed. not directly and
Immediately disqualified by the State Constitution: IL
does moi say those whom il is proposed by the -Four
| feenth Amendment to disquay," but those VINO may
Ssg4ahsd hs cnss Gy @ Of ne f State Constitution would
have no effect, for want Of persons to act upon . .
read the first clause OF section three dstribuyey and
TO read the clause defining the orurth class those VINO
may be. aud as far as tey may DC, disquahed ny 'no
| proposed amendment" &c. .-, 49,. A..
IL is certainly very grave question whether tiS the
State Constitution intended merely TO recognize such AIS
qualifications might be imposed and 30 long as Ine{
should exist and no onge by ana under ~ ne h Naopa
| Constitution whether IL intended TO say WhateSer
persons may the first dsqualfy shall continue dls-
cd hV Of
shall be by disqualified to hold office, shall 6e by ms
constitution disqualified to vote If his disquah-
| cation under the amendment shall have ceased"
| II the Constitution meant TO go beyond the Amend-
men Il in effect sad T ng T@ mendment as pro-
posed will dca but we VIII walt, ana II IL ueprlNes
os the right 10 vote and though Congress may enfran
chise them they shall still remain disranchsed here
If ali this was desired desirable why was not the
stistance OF the Fourteenth Amendment Incorporated
| into the State Constitution, and the disability to vote
pronounced by II, in addition 10 the usaD1ty 10 hou
1jcel There can be but answeTthat 1t was merely
intended recognize the disquadcations effected by
the Fourteenth Amendment ana not To pronounce adui
tonal Ones continue these alter they should cease "
| exist under the Amendment. -,
think that tins Is clearly the true construction OF he
Constitution, without reference 10 any rules OF law hat
require prefer it, II It be said that 1t was mere
suDererogation retnact the provisions or an amend
ment 10 national Constitution, necessarily In full
force without such reenactment the ready answer
that there plenty OF precedents Tor IT, Inc D OF
rights of the State Constitution does the same hng ia
regard to e1 post faeo laws and laws mparng the OBJ
| LEGATION OF contracts. o.,
here arc rules ofaw that require 10 give the Const
tuition the construction indicated There is certainly
ambiguity IN the language OF these dispositions, anu
| they are penal and against common right. Ana these
rules well settled by tho concurrent determinaons
| Of many ages and many cases Lald down by inc en-
ghteDed ursts OF Rome, they now belong TO the code
of every civilized nation for they belong 10 law higher
| than any mere municipal law-One that Is the same
| everywhere In the world To maintain disabilities IN
defiance OF them would DO crime, merely arbitrary
IN pgnoii5us causis, benignis interpretandun est.
In penal interpretation to be is mor1 liberal
| Paul Digest, Tile, dedversis rguis Juris.
Inferpretqtone tgltm, poenB moHeend@ sInt poiti,s
oiiap dsperindg by Interpretation OF the law. penal
cs rather TO be made more mild than more severe
| Hermogenian: Digest, TILE de Poenis.
HtTis est intretari debe Laws are TO be interpreted
| consistently with the general advantage, and not
| literally. -
| Fapores dp,pRandO odosa restringsndd. Favors are
| 10 be amplded and OdiOus laws TO be narrowed
Ulpan said, IN ombigids re5us hun,anioren se'ten-
iara Seqld oporL In Of ambiguity thnt c0nstruc-
- TO adopted which Is the more humane Law H.,
81. Digest dc re6us dubiis
Gaius said, Semper IA dubfs beni0nford prGterendd
| sinL Always, in Of doubt are 10 prefer the
more bengnant Interpretation. Ldo S. Digest dc d'c
Mafcelus said In re dubd benigroren intepretatone
sequi minus jnStius est qan iuhns. IN case OF
the bvnignant Interpretation Ldw w. D9eSl ae
| diU. reg. JtTrS
Paus said Rapiendd oeeasiS est qua pr9bet oengnfus
resuOnm The opportunity eagerly to be seized that
allows a more benignant Interpretation. LaU l6s pr11-
Pomponus said Quotieas du5ia inerpreaio bibertats
est, seeundum hbertdten respondendum crit Whenever
the Interpretation OF an instrument that concerns ones
liberty doubtful the decision must be III favor oil LID
erty. Law 20; Digest, de dir: reg. Jur ..,.,
fas erprinsM favor due to freedom often causes
greater benlgnty Of decision. Lao 49, 5. Vn. Dig ad
Paul sad, IN o5sc,rd roruntat manumhentis taren-
dun est h6erah. Where the intention Of the manunitter
IS obscure the construction must DO III aVor OF freedom
| La,o l7s Digest, de die. reg. Jur1s
And Pomponius said In hoeriahons 6etss1mnm scrip
trd SpecdHdd est In cases OF emancipation Tue snsht-
expressions will have effect Lac .. Digest dc man
unl, test ,,,-,
construction OF provisions affecting the political rights
Of the citizen In favor OF th9se rgnis anu lVr narrow
disabilities precisely the same, and much stronger
than those which dictated the Roman decisions as 10
cannot doubt, therefore, that any enlightened and
honest court will hold that the Intention OF the Consttu
ZION WAS merely 20 dive to the Fourteenth Amendment.
n IL should become part OF the Constitution OF the
and 10 recognize the disabilities imposed by it, and no
others as long they should be- in each case continued
py au "a therefore my opinion that sec OF Art v Of
the Constitution OF Arkansas ddnot by its reference to
the right 10 gister yole and that it disqualies
no vote, by that reference nor any one to hold
| omendment ALBERT PIKE.
"' washington, d. O.. July 81.
| REyERDT JoHNsON's OPINION.
| Gen. WIN. /. CABELL, Sir: am informed by mutual
friend that you desire my opinion on the following ques-
~" whether under the DISTINGUISHING clause Of the
Constitution OF Arkansas referring TO- the Fourteenth
the State Legislature will be required to bring the dis
francbised citizens OF the Stae under the Fourteenth
|
| Congress "
Beside the clause In quesn, there provisions In
other clauses the aice OF the State Constltu
tion which regulate the privilege Of registration as
| preliminary to the rigdt to yoe.
These provisions deny the privilege TO five other DIFF
ferent classes citizens Thecass to whom your ques
tion relates Is the one embraced by tho fourth sbd
vision third section Of he eighth article. IL is in
these words "Ihose who my be disqualified by tho
amendment the Constitution OF the United
| States known Amendment XIV"
IL is very plain that the entire section designed 10
include all citizens TO whom tie privilege of registration
was denied. All citizens, Therefore, included,
far as this section Is cODcerne possess the privilege
What then, Is the meaning OF the subdivision Just
quoted When the State Constitution was adopted, the