The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1885-05-06


The Attorney Generals Opinion in the
Lawton Case, and President Cleveland's
Reply to His Resignation.
WASHINGTON, April 2S.-After the question
had been brought up in the Senate, on the
last day of its special session, as to the eligi-
bility of A. r. Lawton, of Georgia. to the
position of Minister to Russia, to which po-
sition he had bean nominated, President
Cleveland submitted the matter to the At
torney General for an opinion. Taat opin-
ion is now made public. under date of April
IA. 1t is as follows:
sIE-My opinion is requested on the following
case: Alexander r. LzwtOn, VINO mad been
cadet at West Point, and held a commission as
Lieutenant in the United States Army, and in one
or both of these cnaracters bad taken an oath
part OF the case submitted, bound him to support
the Constitution, and afterward bore arms against
the tbn Sas6 @ states % in the war of Ies ksSe1 &
perdon and amnesty for the part he had taken In
the rebellion. and the question is whether he can
withstsnding the third section of the fourteenth
amendment OF the Consultation, which took
effect on the 10th OF July, 1885, and s in the fol-
lowing words:
Sec. 3. No person shall be Senator or Repre-
sentative in Congress. or elector of President aud
Vice President, or hold any office, civil or mill
tsry under the United States, or under any State,
who, having previously taken an oath as g mem
Der OF Congress, or as any othcer OF the United
States, or as member OF any state Legislature, or
as executive or judicial officer of any State. to
support the Constitution of the United States,
shall have engaged IN 1nsurrecti0n or rebellion
against the same or given aid or comfort TO the
enemies thereof. But Congress may, by vote OF
two-thirds of each House, remove such diss-
bilty.
The question presented will be disposed OF upon
the legal intent and meaning of this amendment.
Prior TO the adoption OF the amendment, the Ex-
ecutive in the exercise of an uRquestionaple
power, has granted pard0ns to the person whose
case is now under consideration and others stand
i'll the same p-edicarlent of guilt. The power 20
pardon vested in the Executive by the COnStitu
zion was not given 10 be exercised capriciously,
but when resorted to in like the present, IL
should be in furtherance of the peace OF society
ana in the interest of the Government.
Such being the theory 1t must be presumed that
every exertion OF that power in such case by the
Executive Departme Mt OF the Government was in
furtherance o the objects for which the power
granted for nothing is better established than
that want OF fidelity to its constitutional duties
never to be imputed to any one OF the great Co
ordinate departments of the Government If IL be
possible TO avoid it. At the time the fourteenth
amendment went into operation, Mr.. Lawton and
the other referred to had been restored by
citizens, and had become, by virtue of their par
d0ns, as innocent as II they had never committed
the ofense forgiven. The question then. for my my
fourteenth amendment to take away rights
which previous perdons had restored: or, in
other words, whether 1t was the purpose OF that
amendment TO cast reprosch upon the Execn-
tive Department OF the Government by repudtat-
ing, as unworthy OF cIeQlL, lis actS OF UOqueS-
tionable validity, by destroying the rights which
had undoubtedly vested under those acts, and by
violating the National faith and solemn pledges
It can not be denied that the amendment is as
comprehensive as Language can make it,;
but, at the same time. Il must be remem-
S be- aRen 6a ne IN III every @ its 1en
and that where they are general, their sense Will
be restricted. If necessary 10 prevent an unjust or
absurd consequence, which, ii must be presumed.
the Legislature could not have contemplated. IL
was upon this principle that the Supreme Court
OF the United States, that held that an individual
debsued from suing in the Court of claims. By a
law providing that an order to recover the pro
ceeds Of captured or abandoned property, the
| claimant must prove that he has never given any
aid or comfort to the present rebel.
proceeds; That this principle IS applicable to tue
Interpretation of constitutions as to statutes was
5 the ans sy ths s ws
the Court refused TO accept the full meaning oil
certain general words in the first section of the
depreciation that would have involy ed so great q
departure from the structure and spirit OF our in
stitutons as In the absence OF explicit language
a Gs % 1 so pne of
TO the third section OF the fourteenth amend acct
an OF opinion that the consequence OF allowing
iii alton in isyor OF persons in the situslion OF
Mr: Lawton would be productive OF al injustice
and disregard OF the public faith which nothing
shortof the most explicit and controlling language
e fdnndss ssn soselusS1 ors S
II the people OF the United States should
| amend the third section of the fourteentf
seoSSms an in os ss1sas snss
| vote of both houses to remove the disability I'M
| posed on.all persons whose disabilities had beer
heretofore received by a stwo-thIrds vote would
find themselves again under the necessity OF ap
| plying 10 C0ngress-a result which would not %
| whit lees at war with justice than what woulc
occur II Mr.. Lawton and others in his situation
| were 70 have been DEGRADED by the amendment te
the condition Of disability from whicn their par