Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1885-05-04
The First Step.

Attorney General Garland has shown
in his opinion in the Lawton case that he
has strong fellow feeling for his ex-reb-
el associates. and little regard for the con-
stitution when it stands in the way of their
advancement. Lawton, who was appoint
ed Minister to Russia by President Cleve-
land. is plainly one of those persons to
whom the Fourteenth Amendment APP
plies. He was educated at West Point and
held a commission as lieutenant in the
United States army, and afterward bore
arms against the United States in the war
of the rebellion. For this he might have
been tried and executed as a traitor to his
country, but President Andrew johnson
granted him pardon. and freed him from
liability to criminal prosecution. and from
the civil disabilities which then rested up.
on him. After this Johnson granted am
nesty, in sweeping proclamation, to
nearly all who were concerned in the re-
bellion.
To prevent these amnested rebels
from holding Office the constitution was
amended by the people imposing new
qualification as a requisite to the holding of
public Office The third section of the
Fourteenth Amendment. reads rs fol-
lows:
No person shall be a Senator or Reprpsen-
tative in Congress, or elector of President or
Vipo Pr silppt hold nfyt ;vil
military, under the United States or any
State, who. having previously taken An oath
as member of Congress or IA an officer Of
the United S'a'os. or as an executive or ju-
diCial officer of any State. to support the
Constitution of the United States. shall have
engaged in insurrection or rebellion against
the same. or given aid or comfort TO the enc
mics thereof; hut Congress may, by vote
of two-thirds of each House, remove such
disability.
This was not intended to conflict with
pardons which the President had granted
to rebels who were guilty of treason, re-
lieving them from criminal prosecution
and punishment tor their crime. but it in
tended and established that the persons
designated in the foregoing section should
not hold Office under the government ex-
cept their disabilities were removed by a
two-thirds vote of Congress.
Mr.. Lawton was one of this class. The
President appointed him to an important
office. The question of his eligibility was
then raised. The matter was referred to
Attorney General Garland for his decision ;
he decided that Lawtou iseligible and the
President accepts the decision as his rule
of action. The Attorney General holds
that the pardon of the President fully re.
stored Lawton to the condition as citi-
zen that he was in before he committed
treason. and that the section in
the amendment to the constitution
which we have quoted does not apply to
him.
The amendment has been in operation
nearly twenty years. 1t has been recog.
nized and construed down to this time as
excluding all such persons as Lawton
from office. and now Mr. Garland sets all
this aside and treads the constitution under
his feet in favor of allowing the rebe
Lawtons of the South free permission t.
occupy any national offices to which thew
may be appointed The Tribune says
lin the interval between 1867 and 1885,
tiles removed by Congress. but never nm
Ill this time has President Johnson's par
don been offered as sufficient to set asid,
the Fourteenth Amendment. II is iortun
ate that the country has found out Mr.
Garland in time. He is known to be Al
aspirant to the Supreme bench. but Ger
tainly no republican senator can ever per
init the appointment if his vote will pre-
vent it. 1t has always been said that i
the democrats should come into powe
the constitutional amendments would b,
practically destroyed. Perhaps Mr.. Gar
lands opinion is the first step in that pro
cess. The real point of Mr. Garland
opinion is that part of the Constitution
is itself unconstitutional. and we regre. t,
saw that the President needlessly puts hi
foot into it by iudorsing Mr.. Garland
absurd position"
The warnings of republicans in time
past in relation to the design of the rebels
in case they succeeded in obtaining con
troll ofthe government, to make themselve
amends for all the disabilities and losse
which they justly suffered and brough