CONGRESS. (REMOVAL OF DISABILITY.) 



183 



reiving: for sale or repacking any such mixed flour 

 which has not been branded, labeled, or stumped as 

 required by this act, or which is contained in pack- 

 ages which" have not been marked, branded, labeled, 

 or stamped as required by this act, shall, upon con- 

 viction, be fined not less than fifty dollars nor more 

 than five hundred dollars. 



" SEC. 43. That any person, firm, or corporation 

 knowingly purchasing or receiving for sale or for 

 repacking and resale any mixed flour from any 

 maker, packer, or importer, who has not paid the 

 tax herein provided, shall, for each offense, be fined 

 not less than fifty dollars, and forfeit to the United 

 States all the articles so purchased or received, or 

 the full value thereof. 



" SEC. 44. That mixed flour may be removed from 

 the place of manufacture or from the place where 

 packed for export to a foreign country without pay- 

 ment of tax or affixing stamps or labels thereto, 

 under such regulation and the filing of such bond 

 and other security as the Commissioner of Internal 

 Revenue, with the approval of the Secretary of the 

 Treasury, may prescribe. Every person, firm, or 

 corporation who shall export mixed flour shall 

 plainly mark on each package containing the same, 

 the words 'mixed flour,' and the names of the in- 

 gredients composing the same, the name of the 

 maker or packer, and the place where made or 

 packed, in accordance with the provisions of sec- 

 tions thirty-six to forty-five, inclusive, of this act. 



"SEC. 45. That whenever any package containing 

 mixed flour is emptied it shall be the duty of the 

 person in whose possession it is to destroy the stamp 

 thereon. Any person disposing of such package 

 without first having destroyed the stamp or mark 

 or marks thereon shall, upon conviction, be punished 

 by a fine not exceeding the sum of twenty-five 

 dollars. 



' SEC. 46. That all fines, penalties, and forfeitures 

 imposed by section thirty-six to section forty-five, 

 both inclusive, of this act may be recovered in any 

 court of competent jurisdiction. 



'SEC. 47. That the Commissioner of Internal 

 Revenue, with the approval of the Secretary 

 of the Treasury, shall make all needful rules 

 and regulations for carrying into effect the pro- 

 visions relating to the manufacture and sale of 

 mixed flour, being section thirty-five to section 

 forty-nine, both inclusive, of this act, and the said 

 Commissioner of Internal Revenue, by and with 

 the approval of the Secretary of the Treasury, for 

 the purpose of carrying said last-mentioned pro- 

 visions of this act into effect, is hereby authorized 

 to employ such additional clerks and agents as may 

 be necessary for that purpose, not to exceed twenty 

 in number. 



"SEC. 48. That any person, firm, or corporation 

 found guilty of a second or any subsequent vio- 

 lation of any of the provisions of section thirty- 

 six to section forty-five, both inclusive, relating to 

 the manufacture and sale of mixed flour as afore- 

 said, of this act shall, in addition to the penalties 

 herein imposed, be imprisoned not less than thirty. 

 days nor more than ninety days. 



" SEC. 49. That the provisions of this act relating 

 to the manufacture and sale of mixed flour shall 

 take effect and be in force sixty days from and after 

 the date of the passage of this act ; and all pack- 

 ages of mixed flour found on the premises of any 

 person, firm, or corporation on said day, who has 

 made, packed, or repacked the same, on which the 

 tax herein authorized has not been paid, shall be 

 deemed taxable tinder the provisions of section 

 thirty-six to section forty-five, both inclusive, of 

 this act, and shall be taxed and have affixed thereon 

 such marks, brands, labels, and stamps as required 

 by the provisions of said sections or by the rules 



and regulations prescribed by the Commissioner of 

 Internal Revenue, under authority of this act. 



" TEA. 



" SEC. 50. That there shall be levied, collected, 

 and paid upon tea when imported from foreign 

 countries a duty of ten cents per pound. 



"SEC. 51. That this act shall take effect on the 

 day next succeeding the date of its passage except 

 as otherwise specially provided for. 



" Approved, June 13, 1898." 



Removal of Disability. The good feeling be- 

 tween the North and the South, brought about by 

 the war with Spain, was manifested in many ways 

 during the session through individual action ; but 

 the passage of an act removing the disability im- 

 posed in section 3 of Amendment XIV to the Con- 

 stitution seemed to brush aside the last shadow of 

 a grievance left by the civil war. This section 

 provides that no one who, having taken an oath as 

 member of Congress, as an officer of the United 

 States, as a member of any State Legislature, or as 

 an executive or judicial officer of any State to sup- 

 port the Constitution, shall have engaged in insur- 

 rection against the United States, shall be Senator, 

 Representative, presidential elector, or hold any civil 

 or military office under the United States; but the 

 disability may be removed by Congress by a two- 

 thirds vote. The class excluded on account of 

 complicity in the rebellion was so large in the 

 beginning as to include nearly all the leading men 

 of the South ; but the disabilities were removed by 

 special action in many cases, nearly every one who 

 asked for the favor receiving it, so that 3,300 per- 

 sons were amnestied within two years after the 

 adoption of the fourteenth amendment. An effort 

 was then made for removing the disability of 

 classes instead of individuals, and the House of 

 Representatives twice passed measures for amnesty 

 excluding former members of Congress, officers of 

 the army and navy, and members of State con- 

 ventions who voted for ordinances of secession, but 

 the measures failed in the Senate, though President 

 Grant was urgent for a general amnesty. However, 

 a measure was passed and approved May 22, 1872, 

 removing disabilities from all save members of the 

 Thirty-sixth and Thirty-seventh Congresses, judi- 

 cial, naval, and military officers, heads of depart- 

 ments, and foreign ministers who had taken part 

 in the rebellion. This left only a small remnant 

 under disability about 750 in 1876, out of at least 

 18,000 of the most prominent men in the South 

 originally disqualified. In 1875 the movement for 

 general amnesty was strongly pushed, but it failed 

 after a fierce and vindictive debate in the House of 

 Representatives, in which Mr. Elaine, who, with 

 President Grant, had been its great champion, in- 

 sisted on the exclusion of Jeff Davis from the scope 

 of the measure, and so defeated it. And so the 

 disability which had been a great practical device 

 for keeping thousands of Southern leaders out of 

 politics became a mere grievance to a few men, for 

 most of whom disability was a title to distinction, 

 and their number decreased rapidly with the lapse 

 of years. Its removal at this late day had become 

 a mere matter of sentiment. 



The bill for that purpose was introduced in the 

 Senate, May 12, by Mr. Stewart, of Nevada, as fol- 

 lows: 



" Be it enacted by the Senate and House of Repre- 

 sentatives of the United States of America in Con- 

 gress assembled, That all disabilities imposed by the 

 fourteenth amendment of the Constitution of the 

 United States upon persons on account of having 

 engaged in insurrection or rebellion against the 

 United States and on account of having given aid 



