Rensselaer Union, Volume 1, Number 34, Rensselaer, Jasper County, 20 May 1869 — Judge Chase and the Fourteenth Amendment. [ARTICLE]

Judge Chase and the Fourteenth Amendment.

/» r *L nh L<>' pH W -M.nl' .7»S fa J*Le ahdfay. onb» BUM fc *** *** lafaj' 0 fa T indSbleVMylitJki L., .nr Federal office any person who. havicr n,TaMt»S miw> »n th UoMtifaffimTw**ln any way 6firfh»ott< with the rßbellfotgu|rie& Qnfcf** « c * ld remove the 'diefalßty, TMOtt*i nß wa * n Jtaed on Monday hist byUW Justice Cmlffiwffike YUffi* *kM* thht U ie latter fe;tgs«arei-” i?..* JU gpfhMe HM wade another bld Jit the __iCXStiQ nAMforilon for the Presi aside eons»ltutfon>d ob'i [■ JJ& e is .eiiff'W the charaaterislicA of eabwfirily W»«n (here is a ewe, andespecially thF&pOdpUe Hut the decision is not faiffiy susceptible of any such interpret- > rjttMt -aa the Zimm puts upon it. The ‘ -VMef Justice did. Indeed, make the qaee-xt’-ttonahlfc statement that “the Fourteenth *n*ti not self-on ford nM» and ->a needs iftirfWt legislation of Cougrois to enforce it; '* bat he also added that • two months aber the judgment now being reviewed was deliverer, Congress pasted a joint resolution providing for the removal of all ineligible officers—showing;'ha' persons then holding office were held to be de /IsUo officers, and also providing the means for their removal by the mih4in|l«W. The oaurt said the Supreme Court 1 ■»-■>-■ had unanimously concurred in the opinion that> prisoner sentenced by a Judge de - ,/fate, though not a Judge de jure, qovld Slot be reached by the habeeu corpuo." The facta in the case are unimportant, ”*~~TJOt to bring out clearly the legal principle I ataWDived, and which ts of the utmost im 1 * parlance, we fore the facta theqaaelwes as jffixrfed by te.egmpb, asauted that if they not justify the decision rendered, they wffir certainly disprove the allegation that fc Jfag decidon sets aside the Fourteenth : J. 'hTfo- case was that of Cs-wr Griffin, a negro. J'WbAti.s sentenced to the Poiiitaattorv for shoot- . JLJfcjiniar The Chief J sauce read lac- opinion I E«Vhe Court, t>oMtng that as the Slate Court of , EyWfinia had beea secoi-aix-d an dulse the war at WHeeling, and tMti at Alex-“wwiriw-aa MeaeUoaol Ur« GoWrmaafit indtvidlug tfc wt»ri had b--en retojrnU.-d by the Federal figiai UWI at, end debtors and Be'pnsentatlaaa mi dihucr- d by t|>at OoVerEment had bras allowed 7 Multi ib Congsese; and a* it was voder this Gov- I •* erTtnen’bfflr Shrff y had been appointed, he wes, . therefore, * legal Judge, as tar as the Bute Gov--S* eeMseuCwesueancorned.*' ST ■- ' The decision amounts, in fact, to this: t w tbeiMoodment is not an es poet facto law. .M e rhe Constitution prohibits the passage of 1 tl • 4u<ftr htwey nnd this prohibition is to be * t - T ®tfan side red in interpreting all conatitu-li-u-al provisions. This is certainly vers,. A, > reasonable. Endless, confusion, positive -X. anarchy, would follow the ex poet facto ap .-x’ plication. Tbe judicial action of years «"i, would be open to treah litigation, judge —A Cbaso-bslievts in letting the dead bury it 3 - - dead, and beginning the application of the axiaw-wito its incorooraii->u into the orgaa* >-<'*ewfowaf<helaiKi. This is the whole of , it To torture this position into a nullification of a clause of the Fourteenth **’ Amendment is absurd and far-brought. It shows either stupidity or perversity, or, rather, both of thrwe eminently Democratic qualities.— ttiaito Journal, May 12.