New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-04-29
GENERAL LAYTON QUALIFIED.
THE ATToRNEY-GENERAL SAYS HE is ELIGIBLE
NOT GOING 70 eCssIA.

NOT GOING TO RUSSIA.
WASHINGTON, April 29.-The Senate, on the
last day Of the special session, having raised the point
against General A. r. Lawton, OF Georgia, that he was
ineligible for appointment u the Office OF Minister to
Russia under the terms OF the Fourteenth Amendment
the President Withdrew his nomination and referred the
question of his disabilities to the Attorney General In
his OPINION rendered to-day, Mr. Garland says:
am requested to give an opinion IN the following
case: Alexander X. LawtOn who had been cadet at
West Point and held commission lieutenant IN the
United states Army. aud IL both ~ those charac-
ters had taken oath which, it Ia cont1nded ana which
am TO assume as part OF the case submitted bound nun
tho United States ia the War OF the Rebellion: CD Feb
ruary g. lo6I, he received fuli parton ana amnesty
Tor the part he had taken III the Rebellion auu hs cues
On In whether lie can hold civil office under the unteh
states outstanding the thirc section or tho rOur
eenth Amendment OF the Constitution, which took Ell
feet july 20 1868.
In the exercise Of an unquestODaole power had giah
pariOnr IT, the person whose Is now under cOnsii
ertiUu aud others standing Ia tue same predcanleL Oh
guilt The power To pardon vested III the Executive
the Constitution WAS not given To be exercised Ss1rl-
cinusy hut when resOried To- In cases Ike the cset IL
should he III furteracr Of the peace OF society aud In
the interests Of the Government a..
AT the time the Fourteenth Amendment went into
operation General LAYTON, and the other persons re-
errrd to- had been RESTORED by the pardOns previously
Granted I" al their fights as citizens ana na oec99
by virtue OF those paidos as innocent az II they mi
hev,r coinmte cd Tue offences forgiven, :, Tue ,e
OF the Fourteenth Amendment TO take away
rights which previous par'ons had restored.
II not to bc supposed that Congress- Intended By the
general language o the act to onorOach upon any OF the
prcrOgatyes OF tits President and ESPECIALLY that benign
prclUgatiVr ~ merry which lies In the pariDnhR power
IL IL more reasonable 10 COhclue that Cncts restored
L. their rights Of property by the power Or tht President
Weiehot III contemplation" 81 Congress ia lasSng tue
act and were not intended a. be embraced ny thr TO
qhitenrnt Ia question an of the OPINION That thn
consequences OF hl"WlhS th gehefal Worus Oh eH'
cluslUn ia the Fourteenth Amendment To operate with
out Limitation IL favor OF PerS"is IN the Situation OF
General IatWtun would lr productive Of AN juscc aud
dsregari uf the public faith which nothing short or
the most explicit and controlling language should
authurze.
IL The conclusion have reached Is not well founded
then IL follows that u the people OF the United states
should amend the third section OF tho Fourteenth
Amendment In the single particular OF re
vote OF both Houses to remove the disability
imposed al persons whose disabilities had bcenherco
fore removed BY twO-th.rls vote would nnd themselves
again under the Necessity OF applying to Congru's re-
suit ~hcl would hot he whit less at Wal with justice
thar hat UG Occur II General lHwtOh ai others In
bir situation ~err hello tD have been degraded Oy the
Amendment tLt condition Of disability from which their
phfdvse bad raised them. also of opinion That be-
eiHl Lwt"n II not affected 10y tho amendment because
al ia, TIM II MAS oidahc tho onc"ors on which tue
disability Imposed N basrd could not have been imputed
H. blu fOI the rrason that lie had 10y virtue of s pardon
became a how man endowed WIN " " new rreilt anu
c.arItI " h, Guilt had been blutcd OuJ" aud he had
b,oou,c as innocent ~ II he bad never connte the
offence" Whatever was his connection WIN the Iee
U the effect Uf the pardon was 10 close the eyes OF the
These pnsii,ns have been laid down upon
tho greatest consideration by the Supreme Court
OF the Unlled States In cases already cited
winch make entirely clear that To have accused "n
cr liwtun OF of the ahoyc uuncd offences AT the
time the amendment was adopted would nave Deen h
defamation for which Il action might have lain.
Two years before tue amendment became law the
Supreme Court laid IA already cited, that pardon
had tho cleansing renOvatiug effect have Described
aud II almost seems like impuung To the frnlnefs OF tue
third section OF the amendment either ignorance or tue
law the purpose 10 set snare 10 say tha, theY ID
tended to Include persons already paidohed WITHOUT
specially referring To them.
alm OF OPINION, therefore. that General Lawton Is
qunie to hold civil office under the Government OF
the United states. -.
Goueral Iawton. notwithstanding the opinion OF MT
Garland VIII not accept the Russian Mission, having 80
expressed himself 10 the Secretary OF State.