The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-06-07
DANIEL WOULD
REPEAL SECTION.
Bill is OF Great Interest and I'M
portance Throughout South
ern States.
WAS REFERRED TO COMMITTEE
Report Of Venerable Alabama
Senator is an Unique
I'D Paper.
From our Regular correspondent.)

(From Our Regular Correspondent)
WASHINGTON D. CT June 6.-The
Senate judiciary Committee has voted
to report fayorably Senator Daniels bill
to repeal section $3.50 Of the Revised
Statutes Of the United States. The bill
Is aHmeasure of much interest and i'm
portance throughout the Southern States.
Ordinarily there would be no occasion to
repeal statute which the Supreme Court
as is the case with this act, but it seems
that certain executive departments have
/ ignored the position of the Supreme
Court. 9t5
Ky Section $3.50 is product OF the bitterest
period of reconstruction times. 1t pro-
hibited the payment OF any claim against
the United States accruing prior to April
10, 1861, by any person who aided, en-
gagged or In any way sided with the "re-
belion" in lS6l-'65
Referred to c Committee.
The bill of senator Daniel was referred
ITO /, subcommittee consisting OF Sena-
tors Pettus, Kittredge and Dillingham;.
Senator Pettus prepared the report, and
1T was agreed upon by the committee
A member of the entire committee an
nounced that he would agree that the bill
should be reported, but that he would
reserve the right to oppose it on the
floor of the Senate. This Senator said
& he had letters from auditors of all the
departments. except the Department OF
Justice, opposing the bill, one Of the
letters saying 1t would open the way
tor millions of dollars claims against
the government.
The report by the venerable Alabama
senator is an unique paper. He calls
attention to the fact that the Supreme
Court had passed upon the act as hay
Ing in 1865 been repealed by the amnes-
~ and pardon proclamation of President
johnson. and says that In answer to the
inquiry as to why under the circum-
stances, propose to repeal a dead act.
that It Is advisable to do It for the
instruction of the executive departments.
Gist Of Report.
1.-THE Supreme Court of the United
States, the report says in Armstrong;
case. 18th Wallace, p. 164. in an opinion
delivered by Chief Justice Chase. de-
clared the effect of that procla nation
to be that every person who acted In
that war against the United States was
by that procama ton restored to all his
rights and immunites as loyal citizen;
In other words, that the pardon Of the
President, IN a temporal sense. had the
same effect as the pardon of Holy Writ.
Let the wicked forsake his ways and
the unrighteous man his thoughts, and
the sin which lie has sinned shall be
mentioned unto him no more forever"
$50 the Presidents pardon In legal eff
feet repealed section $3.50 Of the Revised
Statutes. f
This Senate, on reports made by Sem
ator Hoar, Senator Daniel and Senator
Warren, In the sibley tent case, gave the
same meaning and effect to the Presl-
dents proclamation; that Is. that 1t. In
substance. repealed section $3.50 OF Inc
Revised Statutes (see report S;ade ~
Senator Warren; Ffty-slxth Congress,
First Session, Senate Report No. 44o).
Formal Reply Necessary.
ut may be asked, If section alsO has
4 In effect been repealed, why repeal 1t
formally?
1.-THE answer to the question Is that
formal repeal Is necessary to convince
the executive departments that section
$3.50 is not In full force and effect, as
they are stlll acting on 1t as the lew OF
the land For while the Judiciary COM
mittee was considering this bill last week
q member OF the committee read letters
from the departments (not the Depart
mont Of Justice) TO the effect that II
section $3.50 We're repealed. Ii claims
amounting to nerhaps millions barred