Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-02-18
Not the Last Restriction.

To the Editor of The Evening Star:
On the 18th instant the Senate passed
House bill No. 1885, TO remove the re-
stricton on ex-confederates that prevents
them from serving federal juries, and
which has been variously and extensively
stated to have been the last restriction of
any kind placed on that class of citizens
because Of rebellion against the govern
ment.
untrue.
The law of June ~, 1870, provides in ex-
press terms section - that all persons who
served ninety days or more in the military
or naval service of the United States dur
ing the late war of the rebellion, and who
! have been honorably discharged therefrom,
and who are now or who may hereafter
be suffering from mental or physical dis
ability Of permanent character, not the
result Of their own vicious habits, which
| inca pacitates them from the performance
of manual 'abor in such (. degree as to
render them unable to earn a support,
snail. uDon making due proof of the fact
according to such rules and regulations as
the Secretary of the Interior may provide
be placed upon the list of invalid pension
crs of the United States, etc.
Section > of said law extends its pro-
visions to the widows and minor children
of all soldiers embraced in section =, with
proviso that said widow shall have mar
ried said soldier prior to the passage of the
act.
Under the rules and regulations so adopt
ed and approved by the Secretary of the
Interior the, and the only, requirements in
soldiers case. under said law, are:
!. An honorable discharge
= That he served at least ninety DAYS
j. y permanent physical mental in
ability to earn support but not due to
vicious habits. Ut need not have originated
in the service)
Said law, be it observed, declares that all
persons. and no exception is made, within
the purview of section > shall, upon max
ing due proof of the fact, be placed upon
States
Further the converse of proviso No. /
of said section must logically be ap-
plicable: If persons pensioned under chem
existing laws, or whose claims are pending
may receive the benefits of this act, and
nothing herein contained shall be so con-
strued as to prevent any pensioner there
under from prosecuting his claim, and re-
celNlng his pension under any general or
special act" it follows INTERCHANGEABLE
that such person is eligible under the act
itself
But, notwithstanding said law, and his
regulations for its administration, the Sec
Ietary of the Interior excludes from all
benefit of it any person who, prior to his
service in the federal army had yolun-
teered and served in the confederate army
regardless Of the cause or facts of the ter
mination of such confederate service
This exclusion is based on section ZIG
Revised Statutes, VIZ: No money on ac-
count of pension shall be paid to any per-
son. or to the widow, children or heirs of
any deceased person who in any manner
voluntarily engaged in or aided or abetted
the late rebellion against the authority of
the United States"
Congress assuredly had full knowledge
of the existence of said section when en-
acting the subsequent law of June 81 1890
which, by its terms. ''al persons" abro-
gates the said section, and prescribes the
sole and only conditions for n nension nm
der said law.
This view is emphasized .by the act ap-
p1 owed March II, 1898. which dispenses
with proof of loyalty during the war of
the rebellion as prerequisite to the issue
OF bounty land warrant where the proof
otherwise shows that the applicant is en-
titled thereto: so that if man otherwise
proves his title to a land warrant it shall
be issued to him or to his heirs, regardless
OF prior confederate service. And as the
Interior Department holds land warrant
to be equivalent to pension, to issue the
one to, ana to withhold the other from
maybe the identical person, is especially
in view of the terms of the act of Tune
1880, illogical. 49,
Moreover, after inviting and receiving
the Dement'S OF mans services the die
tates of morality and good faith should
estop the recipient of those services from
denying any benefits accruing To the servi
tor, due from them.
NO. The last restriction of any kind on
eX-confederates has not been removed.
Ihey may sit on the Supreme bench Of
the United States, in the cabinet in the
Senate or House. be commissioned and
render distinguished services in the mill
tary or civil ranks of the government, but
until their little pensions there are b,1t
few in such lsD, earned and due for serv
ices rendered, are paid to them their last
moved. w II G
February H. 1890. " =
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