The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-16

Offices established in the constitution ana also by law
Is il his private property An Attorney is not admitted
the bar for the purpose Of giving him ONCE Congress
has SAIL that the Court may establish rules ana IN Ios
the qualification for the place was framed as y now
stands other qualifications may 20 required such as
the examination BY board Of the applicants for adms'
sion. Mr. Speed then conrdverted the other PROPOSE
tions u Mr. Carpenter The place held by an attorney
was an Office: but what was the tenure? When he ac-
cepted the Office did he not know the Court could pre-
scribe such rules would deprive him Of the Officer
was was Known t. him Hs Wien 0S s entered s upon Il
The decision had been made and over again that
Congress could prescribe the qualifications Ohces are
held at the will of the power comforting them and the
duties may nom time TO time be changed. There is
nothing like penalty in the law; II Is qualification.
As TO whether qualification is penalty depends on the
standpoint State may say a person under twenty
one years shall not vote that he shall not vote unless
he possesses property qualifications and this Court
say that man practising at its bar must have fair
ana ,aas nc "a. LDr ,hrce year. IN
act which would prevent reunion, but at the same me
ne would desire Congress TO pass such laws as would
Keep ont OF high places those who have NOT been aitin
TO the country in the past The time Is coming, put
we cannot say so yet with Mr. Carpenter, that peace
regns. The President has not yet 50 declared Those
who held Office under the government, but who went
into rebellion, did not so behave as TO ente them
selves 10 fcoccupancv Was there anything in the spirit
OF tue Constituencies II framed that pardon
arrests the arm Of ustces pardon prevents the incon
Of punishment but il Is not key to enable the party TO
unlock the offices OF government The pardon was an
ironclsd to speak, for the purpose Of defence The
gentlemen remarked that while the pardon says the re-
cpient shall DO punished the law OF Congress says
he shal but the President does not say the petitioner
shall practise in this court The President only gives
him the right of every other citizen II y the pary
OWL fault If he cannot take the OATH IL Is simply 10
give assurance TO the Court that 1t Will not admit 10
practice pars who has been IN the rebellion There
the party has not been rebellion against the United
States If 50 he cannot appear in this and other legal
has been decided by authorities which he quoted that
while pardon is protection against ell assaults Tor The
lhing done, II can never be the foAdatoI FOR cain
II sir Gsiiands Office was forfeited when he bccase
public enemy Is he not coming before the court with the
rresidents pardon and making y the foundation Of
claim? That cannot be DONE II Is simple proscc-
ton; not weapon of defence, not a key
by which office can be opened. Mr. speed
TRAITOR leon' is actionablc; but suppose il rs
said 'you were traitor feon this Is not acton
able pardon does not wipe out fault ~ sni ~, re-
mains May not Congress say such facts are dsqf aih
caonss Is II not competent for Congress to say mur
derer shat Rot stand here2 Is not this embraced n the
man has fair character who comes here AFTER
ne has attempted 70 destroy the government Does not
that disqualify him in this Court2 Is u Lot
competent for Congress to say the pardon shall not
qualify man for practice in this court, and canuot tue
people or state say through Their dclegated anthosy
vote or hold officer What more power have people in
convention than Congress has under the constitutions
conventions can prescribe the qualifications OF candidates
for Office. Congress has power just as plenary NJ
Speed maintained, thon that the qualification IN the
law Ia not penalty. He looked upon II something
which Congress may make 1t the duty Of thc'cout to
embrace. After further argument Mr.. Speed said he
wanted all the powers Of tho government exercised Tor
the purpose Of aging about peace. No crnment
had ever before passed through 80 many trials as our
own Within the last four years. The sl5mberiug powers
OF the constitution when the war commenced were
found adequate for domestic for foreign Mr..
Garland did by Of his antagopstic position,
whom he engaged In rebellion, become a public
| enemy, and thus vacated the ONCE which he
| held The pardon did not restore him, nor
give The petiiiener right he did not otherwise possess
He repeated, the oath prescribed by Congress was
qualification and not penalty, and II was competent
for Congress- % prescribe H. The oath was just both IN
| letter and spirit
Hon. Reverly Johnson viii next Friday continue
tho argument in support of the application OF the pe
TONER.
The remarks of Messrs. Carpenter and Speed were
listened 10 with marked attention. The above VI mere
4 ticn2en