The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-04-29
Tho Lnwton Case.

WASHINGTON, April 9S.--Aiter the
question had been brought up in the sem
ate, on the last day OF ITS especial ses-
sion, of the eligibility of A. r. Lawton,
of Georgia, TO the position of minister to
Russia, to which position he had been
nominated, President Cleveland sub
mitted the matter 10 tho attornoy-geu-
eral for en- opinion. That opinion is
now public, unuer date Of April "a. Its
essential features are "a follows;
"SIR:-My opinion is requested on
tho following case: Alexander II. Law
ton, who had been a cadet atWest Point
and held cOmmias on as q Lieutenant
in the United States army, and In one
or both of those characters had taken
an oath, which Is commended, and which
assume as part OF the case submit
ted, bound him 20 support the constitu-
ton, afterwards bore arms against the
United States in the war of
the rebellion. On the 9Th of February,
1867, he received a full pardon aud am.
nesty for the part he had taken in the
rebellion, and the question Is whether
he can hold civil office under tho
United States, notwithstanding tho Sd
section of the 18th amendment of the
constitution, which took effect July 8,
1865, and isin the following words:
Sec, 3. No person shall be a senator
or a representative in congress, nor an
elector of president or vico-president,
nor hold any office, civil or military,
under the United States, or under
any state, who, having previously
taken an oath as member
OF congress, or any officer OF the United
States, or as a member of any state legis-
lature, or as an executive or Judiciary
officer of any state, TO support the con.
stitution OF the United States, shall
have engaged in instruction OF rebel
lion against the same, or
given aid or comfort to tho
enemies thereof; but congress
may, by vote Of two-thirds Of each
house, remove such inability. The
question presented VIII DO disposed Oh
upon the legal intent and meaning
al this amendment. After a
lengthy argument on THE point
the attorney general closed as
follows:n / am of opinion that
Mr., Lawton il not affected by tho
amendment, because at the time u was
ordained the ofienses on which the dis
ability is based could not have been inn
puted TO him, for the reason that he
had, by virtue of his pardon, become a
new man, endowed with new credit
and NNpACllNs AAAN SUN heA
Seen blottod out aud ne became
as innocent as II he had never
committed the oflense. Whatever was
his connection with the rebellion, the
effect of the pardon was TO close the eyes
OF the law 10 a perception of i. | am OF
the opinion, therefore, that Mr.. Lawton
Is qualified to hold q civil office under
the government of the United States
have the honor to DO yours very re-
spectfully, -
iSigned A. II. SAknLANp,
Before the opinion Of the attorney
general had bsen communicated 70 Mr.
Iawton, and under date Of April IL, ho
wrote TO tho secretary Of state express.
ing his firm belief In his eligibility, but
requesting that his name be not further
considered in connection with the
place. Before this letter reached Us
Destination Mr.. Lawton received a tele,,
gram from the secretary OF state, based
upon the determinationof the president
tobs guided by the opinion Of the attor