The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-12-18

NEST.
Attorney General Speed said he re-
joiced as much us Mr.. Carpenter, who
had just addressed the court, that pence
has again returned. As he understood
the argument of that gentleman, he had
maintained that, while in rebellion
against the United States, Mr.. Garland
was still an officer of this court, with as
much righttO IL as he had to locomotion
and property.
On this Mr.. Speed took issue. There
never was n time when Congress did
not prescribe qualifications for office.
The petitioner nrrayed himself with
those who not only endeaVored to de-
stroy the court but the Government
itself, and thereby ceased to be an officer,
Could not the power that made the
office destroy itP If the opinion of the
gentleman was correct, Judge Mngrath,
who never resigned his place rs Judge
of the District Court of South Carolina.
but who took part in the rebellion, will
be restored to his position whan he is
pnrdoned by the President, but the
pardon would not certainly restore him.
Take also the case of postmasters and
Officers Of the army and navy who par
ticipated in tho rebellion. II certainly
would not be commended that a pardon
would restoreto them their offices. The
proposition is that by his treason Mr.
Garland did not forfeit his office, and
1t Is insisted that our attorney in this
court holds an Office. Now there are
public and private offices, as there are
public and private corporations, and
there are offices established under the
Constitution, also by law. Is the posi-
ton OF an attorney u private or publiCI
Office? Is II his private property? An
attorney is not admitted TO the bar for
the purpose of giving him office. Com
gress has said that the court NAV rs-
nd In
cation for the place was formed MS IL
now stands. Other qualifications NAV
be required, such as an examination.
by a board, Of the applicants for nd
mission.
Mr.. Speed then controyerted the 9TH
er proposition of Mr. CARPENTER, The
place held as an attorney was an office,
bnt wh1t was the tenure when he nc.
cepted the officer Did he not know the
court could prescribe such rules as
would deprive him of office? The now.
or OF Congress over qualifications was
known To him when he entered upon
IL. The decision had been made over
anu over again that Congress could
prescribe the qualifications. Offices
are held nt the will of tho power CON
Ierring them, and duties may from time
to time be changed. There is NOTHING
ike penalty in the law. 1t is a ouaIis
hcation. As to whether qualification
Is a penalty, depends on the stand.
point. A State may saw n person nm
der twenty-onO years shall not vote or
That no shall not vote unless he possess
seS q property qualification. And this
court may sny n man pT1lcticing- nj its
bar must have fair character. md
that he has practiced for three wears in
the highest court of his State, He
would deprecate any act which would
prevent reunion, but at the snme time
he would desire Congress to pass such
law rs would keep out of hinh nIaCas
those who have not been faithful To
their country in tho pOst. The time is
coming, but we cannot say vet, with
Nir. carpenter, that peace Feigns. Tho
PRESIDENT has not vet so declared
Those who held office under the Gov
eminent, but who went into rebellion.
CnQ not so behave as to entitle Them
selves TO reOccupanCy. Was there anyy
thing in the spirit of the ConstitntioIS
W. as II so framed that pardon arrests
tho arm of justice? A pardon prevents
the intiiction of punishment, but is NOT
IA Key TO enable the party to unlock the
oticeS of Government, The DRrSlon
was an tron-clHd, so to sneak. for the
purpose of defencs, The gentleman
had unmarked that whilo the parion
says the recipient shall not be puuish
e 60 the law OF Congress says he shall.
bnt the President does not say the ne
uttoncr shall practice in this coTirt.
The President only gives him the RIGHT
OF every othor citizen. 1t is the parfy,s |
own fault ifhe can't take the oath. d II |
IS not a test oath-it IS simply to give |
assurance that the Court wTIl not admit |
70 praettce party who has been in the |
rebellion. There Is In the oath a state /
i1ent OF fact that the party Inns not /
Seen IN rebellion against the United
states; II so, he cannot appear in this I
.llH oSher legal tribunals. It is, he re-
peabeQ, tact, and not a test. n has