National Republican. (Washington City (D.C.)) 1872-1888, 1882-05-17
General Malone and the Disqualifi-
cation Question.


The Washington Post, whose editor
and proprietor is an able and "cute"
New Hampshire Yankee, is "taking on"
dreadfully for fear that General Malone
will not allow any who were in the con-
federate service to enter the United
States Army. He has an idea in his
head, taken from some raw and unin-
formed Virginia Bourbon paper, that
General Malone has already voted "no"
on such q proposition. These presents
are to comfort Mr.. Hutchins and his
friends, who may be seeking Army COM
missions, with the gratifying information
that General Malone has not given any
such vote as he supposes, and that his
fellow-soldiers of the late confederacy
are really in no danger at his hands.
A bill to open the ranks of the Army
of the United States for the admission of
one Tebbs, who had been page in the
confederate senate, came back into the
Senate from the Military Committee with
an amendment TO repeal the following
provision of law, being section 1918 of
the Revised Statutes, enacted July %,
1866:
No person who has served in any capacity in
the military, naval or civil service of the So
called confederate States or either of the States
in insurrection during the late rebellion shall be
appointed to any position in the Army of the
United States.
The only vote taken upon this was
upon motion to refer the same to the
Judiciary Committee. Upon that motion
General Malone voted aye. By this he
declared his opposition to having the
main question brought forward on an
untimely occasion, in an improper man
ner and from the wrong side Of the late
war. 1t is an absurd proposition for ex-
confederates TO propose to those who
were on the Union side to do an
act of grace, which would have no
smack of grace if not voluntarily
done. The section quoted was en-
acted when antagonisms were undated
and resentments were burning 1t was
believed then to be merely prudential
measure. Its original friends will not
allow themselves to be branded rs ty-
rants for having enacted or sustained it.
They will not vote to repeal in response
to infammatory speeches Of opponents.
The debate having taken the tone and
temper it did, the very best thing to do
was to let Mr.. Tebbss bill wait in the
room of the Judiciary Committee until
the general subject involved in so i'm
portant an amendment could be calmly
considered, and reported upon as COM
ports with the dignity of the Senate.
For that reference General Malone
voted. When the committee makes its
report ii will be in order for the Post to
defend the confederate soldiers and
civilian otiicSrs from whatever harm
General MahVne may seek to inflict upor
them.
Upon the subject of the disqualification
Imposed by section 1918 above quoted, i
is barely possible that the Republican
members ofthe Judiciary Committee may
decide that it is repugnant to article l.
of amendments to the Constitution, which
thus declares:
40 person shall be Senator or Representative
in Congress- or elector of President aud Vice Pres
ident, or hold any Office, civil or military, under tho
United States, or under any State lFho, haling pre-
Viously taken an GATH as a member of Congress, oi
as an officer Of the United States, or as u member
Ofany State Legislature, or as an executive or Ju
dicial officer OF any State, 10 support hs.Coasiihof
Ofhe United States, shall have veengaged In insuF'ec
1ion or rebellion against the same or given aid o
comfort to the enemies thereof But Congress MAJ
by vote Of two.thirds Of each house, remove sucl
disability.
This amendment was proclaimed q par
of the Constitution July 2S, 1868. Die
il not at once become the limit to al
legislation upon the subject of disqualif
cation from "oilice civil or military
And did it not render nugatory all previ
Gus legislation which exceeded that limit
How can a law stand which imposes dis
qualifications other than those named il
constitutional provision? Are not al
excluded which are not recited? Is no
the grant to Congress, Of the power t
enforce this amendment, prohibitory o
any exercise by Congress Of greater
bower?