Daily Republican., 1878-11-16
fYrom Yesterdays Late Editlon.I
THATP RDON.

II There Pardon ~r 10 There NOT
The Question stfll Unssttled-Th,
Every Evening" CerrespeaAens .
aI.awyer.
Is Col. Martin pardoned or nots |
the important inquiry that effects tn
public political mind Of Delaware. Tn
"E. f." the self constituted organ o
Col. Martin, has found It necessary /,
make n statement In It's last edition o
yesterday. The statement is in thu
form Of correspondence, dated Seaford
Nov. l4th, though II was written in an
swer To al article In the first edition o
the REPUBLICAN Of the same date which
made its appearance upon the stree,
about o'clock. P. NJ, the mail train
from seaford arriving in this city al
1910 p. N. about an hour before the
appearance Of the paper. Pretty quick
work to get letter from Seaford.
In relation to Col. Martins pardon II
may be that it has been granted. but
nothing definite can be shown In Viii.
mington tina. he has been pardoned
The Erery Erening in its article called
Correspondence, &C., )" has already
admitted a misquotation Of the letter
said to have been sent by U. s. Mar
shal Johnson to Col Martin. and yes.
terday it gives what it says is the true
copy Of the original, and makes 1t now
read " Presidents warrant for your
pardon" instead Of Papers for your
pardon, +" as had been previously pub.
lished. This may be correct or not,
nobody can know which after a paper
admits its own errors in such an i'm.
portant document. The public Is In
formed Of the whsle course pursued
when the warrant Of parlon was granted
and that the papers applying for the
pardon are all on fle in the Office Of the
Secretary of State at Washington. But
this does not dispose of the question.
The people only have mans word
for 1t that was sent to Washington to
examine the dockets, and came away
without bringing transcript of the
record to prove his assertion. The peo-
pie of Delaware know nothing about
this, and although it is probable that
Col. Martin has been pardoned, they
want some positive proof Of that fact.
and that proof has not been produced.
There Is nothing to base ar opinion
upon except the mere fippant state
ment OF newspaper correspondent,
whom the j.. E. says misquoted an in
portant letter. There Ia not the least
scintilla of evidence in the United
States District Court to show that the
pardon has been granted. II il was
ever sent to U. S. Marshal Johnson,
land it does seem that some kind Of
papers were senD he has failed TO hav.
ii recorded on the docket, and the par
don cannot be found amongst the pa.
pers OF the Court.
But all at once the wise correspon-
dent Of the +. 4. turns lawyer and
says that "if Col. Martin had not been
pardoned, his conviction would not
make him ineligible to a seat in Con
1ress unless he had taken an oath A.
member Of Congress or as an officer of
The nited States or judicial or exc
;utiv" officer Of any State Legislature.
70 support the constitution" and then
he quotes the following section from
he constitution of the United States to
prove that position
Sect. 3, Art. IA No person shall be
Senator or Representative in Congress
'r elector Of President and Vice Presi
lent, or hold any office, civil or mill |,
ary, under the United States, or under
my State, who, having previously
aken an oath as member of Congress, .
" as an officer of the United States, or I
IS member Of any State Legislature, t
" as an executive or judicial officer {
y any State to support the !
of the United States. I
hall have engaged in ins1rrec. I
ion or rebellion against the sane, '
! given aid or comfort TO the enemies a
hereof. But Congress may, by vote '
f two-thirds of each house. re,Dov.
nch disability.
The above is intended for knock
own argument and as final extin-
usher Of Col. Martins ineligibility
Mt let us see how it extingushes. The !
'rrespondent who by the wav has :
abbled considerably in Blackstone,
'ems to have forgotten that there was
rebellion in this country some few :,
ears ago and that special law was
asS-d lust to meet such offenses of ii
hich Col. Martin was convicted and II
" the benefit of the correspondent we
Ill quote the section under which he !
as convicted. 1t will be found in i,
hapter 2, Revised Statutes of the :
nlted States, seAion 5233, passed at I
'ashlngton, July 18th, 1862, and reads l
! follows y
Every person who incites, sets on N
OF, assists or engages in any rebel
on or instruction against the au-
'"rity OF the United States, or the n
ws thereof, or gives aid or comfort &
'ereto, shall be punished by imprison I
"nt not more than ten years, or by
ne OF not more than ten thousand dol y
RS or hy both of suci punishments;
'd shall, moreover, be incapable of ', ,
'ldlng any Office under the United A
ates." II
This will probably settle the smart I
wyers about the Erery Ereninq office, n y
I'd set them to hunting up the par ar
N records again. This is their only =
'pe to save Congressman and State !
'hr Democracy. The only way now M M
u to set the matter at rest and to sat do
y the people that Mr.. Martin is eli tw
bic to a seat in Congress, is to procure re- re-,