The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1882-05-18
The Tebb's Case.

The Tebb'S Case.
| Since writing the article under the caption
of .sGen. Mahone's VOTE" we have been in
formed that it is currently reported in the
country that Gen. Malone voted for the
enac ment of law by the present Con-
gress to prevent any ore who had served in
the army or navy or civil department of the
Confederate government, from being ap-
pointed to any position in the army OF the
United States. There was no such question
under consideration. The facts of the case
of DR.. A. Sidney Tebbs are these: DR..
| Tebbs, when boy Is years of age was
mage in the Confederate Senate. In 1866
Congress enacted that mo person who had
served IN any capacity in the military, ma
val or civil service of the so-called CoEfed-
crate States, or of either OF the States in in
surrection during the late rebellion, shall
be appointed to any position in the Army OF
the United States" A law was subsequently
passed, we think, providing that the disabili-
ties thus created, might be removed by a
vote OF two-thirds Of Congress. At the last
session of Congress, DR.. Tebbs, who wanted
to enter the army as surgeon, applied for
relief from the operation of sec. 1918 of the
revised statutes as above quoted. The bill
for that purpose was passed, according to
Senator Wade Hampton, with great una
nimty by the Senate at the last session of
Congress and was lost in the House because
it could not be taken up. Again this year the
bill was brought up and reported favorably,
and when ii came before the Senate the Sem
| ator from Arkansas, Mr.. Garland" offered
to amend it by proposition to repeal the
| section of the law we have given. Senator
Edmunds said ''that bill involves very
broad general question in respect to VIII ich
one committee OF the Senate is now charged
with four or Ave bills to do someth ing to
| generalize the whole question, and until
| that comm ittee reports or is discharged, l
| do not think it right to do it by piecemeal."
| 1t was subsequently moved to refer the res
olution to the Judiciary Comm ittee, and on
| that motion a general debate sprang up.
| When the final vote was taken, after the bill
of relief had been called up for four or five sue
cessive days. it was referred, as proposed, to
the Judiciary Comm ittee, the Republicans,
| with acting Vice President Davis and Gen.
Malone, voting in the affirmative, and all
the Democrats proper, voting in the mega
tive. The vote stood 30 to %. This is the
state of the case.
So far as DR.. Tebbs was concerned, there
was no objection to relieving him of his disa-
bilities, and this would have been done had
not the resolution been offered to repeal the
entire section. The Judiciary Committee had
before it several bills relating to this and kin
dred sections of the law, such as the test oath,
| &C., and the policy was to report generally
| upon them and offer such notifications as were
deemed best. A similar case to that of DR.
Tebbs was acted on last session favora bly,, that
of Mr.. Heiskell, of Md, who had been ap-
pointed paymaster in the navy, we believe
| Numbers of persons have been relieved by
| simple application and none refused. 1t was
| the repeal of the entire section that was OBJ
jected to, for the reason that it would open the
army and navy to the appointment, possibly,
of those who had resigned from the Federal
army to take service in the Confederate army
after having been educated at Annapolis and
West Point at the expense of the government
against which they fought The broad scope
of the proposition to repeal was what arrested
the attention of the Republican Senators. and
not any disposition to interpose objections to
the relief OF DR.. Tebbs. Had his case been
acted upon, as others in past sessions had been
disposed of, his disabilities would have been
removed without dissenting voice.
The discussion took wide range, and while
there were no heated expressions, both the
| Union and Confederate sides were sternly main
tanned. In such state OF feelings, it was emil
nently impolitic, from Southern standpoint,
for the bill to pass for it would have met with
the united opposition of the Republicans in
the House and been defeated thus causing a
bad feeling, without accomplishing the rescind-
ment of the section under discussion. And for
this reason Gen. Malone voted to refer the sub
ject to the Committee on the Judiciary.
This is the whole of it. and it is this that
every Bourbon paper in the State has been
| CoHtoI1lHS Anto du dssaulC upou 1He YOU Ill VI
the South, and villifying and denouncing Gen.
Malone because he voted to arrest an agita-
ton that would have brought no good, but
much harm to the South.
| During the discussion a number of Reput-
lican Senators proclaimed the kindest senti-
ment, anG disposition to repeal all the legis-
lation of kindred character to Sec 1915 but
they would have it done by method and to
| comprehend the whole matter when it was
/ DONE