The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-04-06
THE INELIGIBLE MINISTER.
The Question of Mr.. Lawton's Ineligibility
Has Raised Robbery in the South.

y
Savannah Special in Atlanta Constitution.
The announcement of the withdrawal by the
President of General Lawton from the Russian
mission: on account of the adverse report of the
committee, claiming his ineligbility, has been
the topic Of discussion. The bar here are unani-
nous in the opinion that he is eligible; that the
pardon by johnson relieved his disabilities, and
indignation is expressed that the Republicans
resorted to this subterfuge.
The Constitutions correspondent found the
General in his office, surrounded by the mail
just received comprising large number of con-
gratulatory letters and kilograms The General
stated that the first intimation he had of the OBJ
lection to his confirmation was private tele-
gram received from Washington, last evening,
announcing the withdrawal of his name, and
promising particulars by letter. In response to
an inquiry as to the true cause of this unexpect-
ed action, the General replied:
''Well, from what can learn, the Republicans
raised the question of constitutional inelgibillty
and the President, rather than precipitate the
Senate into warm discussion, withdrew my
name as l am led to suppose, for the present.
well, why should you be singled out from
among many others, in the same position as
you2"
II don't know, except that, as soon as my NOM
ination became public, the newspapers began to
bring up my war record in prominent manner
dwelling with great gustO on the fact that l had
been Quartermaster- general Of the confederate
army, and had fought and been wounded with
jackson, etc. This had of course, tendency to
attract more than usual attention to me, and
about too many Southern brgadiers being ap-
pointed to high positions. 1t is probable that
the Republican senators became obstinate
and made up their minds to make an exempie of
some one. and that some one happened to be my
self. Hence the question as to whether my po
litical disabilities had been removed was raised,
and resulted In the withdrawal of my name.
The constitutional amendment by which they
claim am disqualified from holding Office was
passed in 1868, while have full pardon from
Andrew johnson, dated February, 1867, over
one year previous to the passage of the consti-
tutioual amendment. AS soon as | learned the
cause of my non-confirmatlon called on certain
legal friends in the city, and asked their opinion
on the subject not caring to pass on my own case.
Their reply was that undoubtedly there was no dis
qualification in the way of my holding Office and
that the pardon received by me the year previous
placed me without the pale of the amendment.
1 telegraphed Mr. Merrick, the noted Wash
ington lawyer, so prominent before the public
in the celebrated star-route trials, and the only
one who came out pure, for his opinion on the
subject. He telegraphed me that he and Ed
ward j. Phelps minister to England, who hap
pened, presume, to be guest at the house. had
studied the case, and there was no doubt in their
minds that was entirely eligible. This opinion
is backed up by numbers of other prominent
public officials, whose names / do not care to
give, for the reason that they are confidential.
There is no other ground upon which the refusal
to confirm was baseG-none whatever, as these
kilograms will show. Personally everything is
all right, but l feel particularly anxious that
the question Of my neligibiity should be made
perfectly clear Since I am indebted to the Presi-
dent and Secretary of State more than any one
else for the honor of my nomination / would not
have it appear that had remained quiescent,
and allowed the President to make nomination
which was disqualified to hold. So far as the
position of minister to st. Petersburg is con-
cerned, do not prize it so highly, but it is great
honor to bestow on me by the President"
"Well, General, if this thing should hold good,
would it not have very serious effect on many
others who are now holding office from the
South?"
''It would affect nearly every man who was old
enough to aid in tn Q war of the rebellion. Every
one would have to have special act passed be-
fore he would be legally qualified to hold Office,
and the consequence would be that several thick
books would have to be printed for recording
these acts. Besides, it would cause Congress to
sit several months more each year to attend to
this business; and the amendment includes the
State offices as WELL"
Il suppose you intend to do nothing in the
Nothing except to establish before President
Cleveland the fact that l am not ineligible to
Office. This done, shall be satisfied. No, /
cannot say if my name will be sent back, but
from the tenor of my correspondence, am led to
believe it will at the next meeting of Congress"
ONE MAN WITH NERVE.
An Attorney. in Constitutions City Article.
81 don't think it probable that the President
will disregard even a technical objection when it
is made on a constitutional point My opinion
is that when the President first heard of the
objection he consulted his Attorney general If
the Attorney general had advised him that the
constitutional point was not good one think
he would have stood by his nomination and
made the fight, saying to the Senate, prefer
to contest the opinion of my Attorney general
rather than withdraw the name 1t appears to
me that the prompt withdrawal of the name
President however unwillingly, that the OBJ
lection would stand. This view is strengthened
by the fact that the judiciary committee reported
adversely to the confirmation on that ground
only. There are Democrats on that committee
and if the objection could have been overruled
they would have overruled it in committee meet
ing. I am very much afraid that the withdrawal
of the name is final"
''Then can General Lawton hold no position
under the government
s'None. Had he been appointed q member OF
the Cabinet the same objection would have ruled
him out It is very unfortunate that application
was never made for the removal of his disabili-
ties. 1t could have been done at any moment
necessary. Within the last few months Con-
uraso has rovnnvod thu disabilities of uerhans