New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-04-08

to be broken ito the hope" by insincere
and indirect legislation.
It will, perhaps, impress the Republi-
can representatives with more force if We
state some consequences Of reviving this
dom inant DISC ratification. 1t leads to
defeat or delay of the enforcement of the
revenue laws by directing an extent Of
disqualification not, perhaps, foreseen BY
those who passed the original law. Par
ties defendant, some of whom were them
selves acting in or aiding the Confederate
cause, have excepted to Confederate SOL
diers as not competent to try cause to
which their Confederate aids and allies
are parties. This was an inconsistent and
unexpected reproach. If defendant at
law deems it essential to his own defense
to impugn the credibility of his own
father or brother, he has undoubtedly the
right to do 80. He may, therefore, under
similar stress, give away political asso-
ciate It is certainly high proof Of re-
newed loyalty to say, in effect: II so
loathe and condemn the sentiments form
er]y entertained, I SO appreciate the
merits of the federal government, that I
would not trust any man who gave aid or
comfort to the rebellion to try my rights
Of property, reputation or liberty" Could
any one doubt the loyal sincerity Of sny
who thus turn ''king's evidence, and re-
nounces all responsibility for past opinions
by a plea to the legal competency OF
persons who once held and acted under
those same opinions? We have no hest
tation in saying, on behalf of the Repub-
lican members of Congress, that, if any OF
the defendants who have fled this plea
to Confederate competency shall, after
their innocence of the charges shall have
been established, apply to Congress for a
special act relieving them from the dis
ability imposed on the Confederate
Jurors, upon the sole evidence of
loyalty implied in protesting against the
competency of their own associates, al
legged in their plea to have been in ire
bellion and instruction" against the
Union, they will be instantly qualified
so far as the Union vote can effect that
object-for any civil or military service
within the appointment of the Union
party.
AIessrs. Morton and Blaine will see, in
| the refusal of an ex-federal General to
| take this oath, an evidence Of the judicial
embarrassment to which we have adverted.
General Cyrus Bussey, whose record as q
soldier and Unionist is untarnished, ac-
cepts the disqualification of this bastard
section, from loyal respect to the laws of
the country. He had in his thought
"given aid and comfort" to the rebellion,
by furnishing personal comforts to Con-
federate soldiers captured by him with
arms in their hands. If the effect of this
statutory section be to punish with dis
qualification the soldiers of the Union who
but performed the Offices of humanity to
the captive, it will assuredly place the
Unionists in an unfavorable attitude be-
fore the philanthropists of the world. We
remember to have heard it told of the Rev.
Mr.. Pendleton- afterward General Pendle-
ton, of the Confederate army-that just be-
fore pulling the lanyards of his field bat
terry against an advance of the federal
troops, he piously raised his hands, and in
the spirit of salvation which marked his
calling exclaimed, ''Now may the Lord
have mercy on their soulsr' If We believe
that the prayers of the righteous avail
anything, We must admit that any federal
soul accompanied to the presence Of judg-
ment with the intercession of a deadly
enemy must have received invaluable COM
fort. Under the construction put upon
his oath by this conscientious juror, sus-
tanned as it was by judicial approval and
discharge, any ecclesiastical artillerist in
the federal army who should have uttered
an ejaculation so humane and SO pious,
albeit he might have assisted at the
crowning victories which led to Appomat.
tox, could never have sat on a jury. He
would not be good enough in the eye of
the federal statute to try Mckee, Melon
aid or any other man implicated for steal
ing whisky revenues out of the public
treasury. Under the construction claimed,
if a federal surgeon set Confederate
limb or staunched Confederate wound,
he has by the act of fitting the patient for
further military services given aid to the
enemy and undoubtedly comfort to the
wounded soldier.
It is for such reasons that this mad
vertent enactment should be Cancelled.
l. 1t is contrary to the intention OF a
Republican Congress, and at war with the
act and spirit of amnesty.
2. 1t embarrasses the objects Of justice
by excluding many conscientious men
from adjudicating the rights Of the peo-
pie.
3. It's repeal is due to Republican con-
sistency and to the dictates of common
humanity.
We therefore hope the prominent Re-
publicans whose attention we have in
voked will at once move to instruct the
Judiciary Committees of both houses to
inquire into the facts connected with the
compilation and confirmation of the Sec
ton referred to, and as to the expediency