Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1885-04-29
THE RUSSIAN MISSION.
synopsis Of Attorney-Gen. aarland's
Opinion az to the Eligibility of
Lawton.
His Refusal to Serve. Notwithstanding
the Decision Presidents
Letter Of Regret.

question had been brought up In the
senate on the last day Of Its special sts-
sion as to the eligibility OF A. II. Law
ton OF Georgia TO the position OF minis
ter to Russia, 10 which position he had
been nominated, President Cleveland
submitted the matter 10 the attorney
general for an opinion. That opinion
il now public under the date Of oath
inst. Its essential features are as fol-
lows:
''Sir, my opinion is requested in
the following case: Alexander IL.
Lawton, who had been a cadet at
West Point and held a commission as
lieutenant in the United States army,
and in one or both OF these characters
had taken AN oath, which, 1t Is
commended, and which j am as
sured, as q part OF the case sub
mitted, bound him to support
the constitution, afterwards bore
arms against the United States in the
war of the rebellion. On the 9Th OF
February, 1867, he received full par
don and amnesty for the part he had
taken In the rebellion, and the question
il whether he can hold civil office
under the United States government
notwithstanding the third section of
the fourteenth amendment TO the con-
stitution, which took effect July 5,
1868, and Ia In the following words:
"'SEC. 3. Noperson shall be senator
or representative In congress, nor an
elector OF president or ice.president,
nor hold any Office, civil or military,
under the United States or under any
state who, having previously taken an
oath as a member OF congress, or as an
officer of the United States, or as q
member OF any state legislature or
as an executive OF judiciary officer OF
any state, to support the constitution
OF the United States, shall have en-
gagged In an insurrection or rebellion
against the same or giving aid or COM
fort TO the enemies thereof, but con-
gress may, by vote OF two.
inability
"The question presented will be
disposed OF upon the legal intent and
meaning Of this amendment"
After q lengthy argument on this
point, the encouragement closes as
followa: {" / am Of the opinion that
Mr.. Lawton IL not affected by the
amendment, because at the time IL was
ordained the offices on which the dis
ability is based could not have been
imputed to him for the reason that he
had by virtue OF his pardon became a
new man, endowed with new credit
aud capacity. His guilt had been
blotted out and he became as innocent
as II he had never committed
the offense. Whatever was his
connection with the rebellion the
effect OF the pardon was to close the
eyes OF the law to perception of It,
am of the opinion, therefore, that
Mr.. Lawton Is qualified TO hold civil
office. under the government OF the
United States. have the honor t
be be, yours very respectfully,
A. II. GARLAND,
Attorney General.
To the President
Before the opinion of the attorney
general had been communicated I,
Mr.. Lawton and under the date o
April 18th, he wrote to the secretar,
of state, expressing his firm belief Ii
his eligibility, but requesting that hi
name be not further considered In con
nection with the place. Before tbi
letter reached its defamation MI
Lawton received telegram from tn
secretary OF state based upon tn
determination of the president TO b
guided by the opinion OF the attorney
general, informing Mr.. Lawton tina
he might proceed with his prepars
tions to undertake the mission
Notwithstanding this, Mr.. Lawto
forwarded another letter, dated Apr
18th, in which he adhered to ali h
had said in the letter the day befor,
The following Is the reply OF the pre-
ident:
EXECUTIVE MANSION,
WARRINGTON, April %, 1855.
To tho Hon. A. II. Lawton, Savannah, Ga:
my Dear Sir-I regret exceedinF ri
that for any reason the administratio
10 to be deprived OF your honorable an
valuable service la the mission [
Russia. Tho opinion of the attorney
general upon the question OF your a
legged disability under the Fourteent
amendment to the constitution was
completely satisfactory and remove
so entirely from my mind all doubts
to your eligibility that upon resdin
IL / at once decided to ask you to a
cept the position, and l learn froi
the secretary OF state that he tel
graphed you TO that effec
but IL seems that your letter OF IL
l7th was then on its way, which WI
followed by that OF the 18th reafiirn
Ing your decision. sincerely regr,
this determination on your part, 30 III
selilshly formed and 30 patriot
ally expressed, and whilst
must reluctantly accept II as an a
nouncement OF your deliberate desl
and personal wish, can but feel TIN
the country Is greatly the loser by
With sincere regard and high respeC
! am your obedient servant,
"GRovER CLEVELAND"