Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1865-12-20
row faIlsl n the OEouu,I wIthout His

t0n OF always having DeeD the generous
friend of popular liberty In Its most COM ils
=. Attorney General Speed said he gejoiced
as much as Mr.. Carpenter, who had just adj
dressed the court, that peace has again re-lo)
turned. As beounderstood the argpmentJ
that gentleman had maintained, that while =,
In rebellion against the United Statee, MT. !"
Garland was still an officer Of this court,las
W ith as much tight TO IL as he had ". l0coTT
motion and property. On this Mr.. Speed
took ISSUE, and said there never was time
Wheh Congress did not prescribe qualificariHI
tionsh for Office The petitioner arrayed him.
self with those who not o1lv endeavored 70.
destroy the Court, but the Government itS1q"
self and hereby ceased to beam sOlfieeFgAd
Could not the power that made the otflee 40
destroy It,? II the position Of the gentle-
man was correct, Judge Magrath, ,wIIo new
er resigned his place, Is judge Of theiDisr sdt
trict Court of South Carolina, and although ~
he took part in the rebellion, will be restored
to his position when he is pardoned by the ="
President. Now this pardon will not cer7.
tainly 80 restore him. Take, also, the case ~
of postmasters and officers Of the army and
navy, who participated In the rebellion! Itio y
certainly would not be econsideredthatapar
don would restore them to their offices and 10
regalia, The proposition Is, that by his trea-
son Mr.. Garland did not forfeit his office;
and it is insisted that, as attorneyin this um
court, he holds an office Now there ared Il
public and private offices, as there are pub
lie and private corporations, and there are 0'l
offices established in the Constitution and u
also by law. Is the position of an attOrneysis
a private or public Office, and is It his, ,pri-
vate property? An attorney is not admit4'
ted to the bar for the purpose Of giving nI
him Office Congress has said that the st
court may establish rules, and in 1889 the N
qualification for the place was framed as it
now stands. Other qualifications may be Z
required, such as an examination by on
board of the applicants for admission .IrT
Mr.. Speed then controyerted the other O.,
propositions of Mr. Carpenter. The place
lihdld by an attorney was au Office, but whatnd
was the tenure when he accepted the offictl ~
Did he not know the court could prescribe
such rules as would deprive him of the Of
flee? The power of Congress over the
qualification was known TO him whenhe
entered upon it. The decision had been .
made over and over again that Congress
lcoud not prescribe the qualifications. Or
fees are held at the will of the power con- c
ferring them, and the duties may from time
to time be changed. ,.,.., .,,,s.-,i...,,s
There is nothing like a penalty in the d"
law; it is qualification, and as to whether rHi
a qualification is penalty depends on the
stand point. A State may say person un-
der twenty lone years of age shall not vote,
or that he shall not vote unless hepossesses
a property qualification; and this court %
may say "a Indu pFdCLlclDR az 10 O'At hiuS1 I
have a fair character, and that he has prac-
ticed for three years in the highest court OF
his State. He would deprecatei any act 10
which would prevent reunion, but at
the same time he would desire Con-,
gress to pass such laws as would
have not been faithful to their county,
in the past. 81, The time is coming, II,
but we cannot say yet, with Mr.. Carpenter,
that peace refgns. The President bas rot p
vet so declared. Those who held office 30
under the Government, but who went into
rebellion, did not so behave as to % %entlue
themselves to reoccupancy. was there
anything in the spirit Of the Constitution
was itI so framed--that q pardon, arrests "a
the arm of Justice? A pardon prevents the
infiction of punishment, but 1t is nota key
to enable the party to unlock the offices OF
the Government Oh .,., .i'aoJ Sih3H
The pardon was an.iron-clad, SO to speak,
for the purpose of defense, The gentleman
had remarked that while the pardon says
the recipient shall not be punished, the q
law Of Congress saws he shall be. But the i
President does not say the petitioner shall
practice in this court, The President only
gives him the right of every other citizen.
1t Is the party's own fault If he cannot take I"
the oath; it Is not test oath; 10 is simply u
to give, assurance to the court that they W
t will not admit to practice party who has
been in the rebellion. There is In the oath
y | statement of fact that the party has not "
been In rebellion against the United States; n
and so he cannot appear in this and otheer,oe
Il legal tribunals. 1t is fact and not test,
4 1t has been decided by authorities which y
hequoted; but while the pardon is apro-no
teetion against all assaults from the thing qy
done, it can never be the foundation for q Ia
III claim. If Mr.. Garland's Office was forfeited
i when he became public enemy, Is he not :"
W coming before the court with the Presi- 10
L. IL. inn Cd
tion of claim, which thing cannot be doneg n
Fl 1t is a simple protection and not weapon
IN of defenseAiiot key by which an Office q
can be opened 'lJa.1 ~G| "h OH OIL nnii
II Mr.. Speed admitted that to call a man n
who has received q, pardon, traitor or g,
felon, is aetlonable; but suppose 1t is said
'SYoti were traitor, or felon," this Is not u
acknowledgements does not wipe out O. (
; fault, but it still remains. May not Con- 4
1 gress saw such facts are disqualiticatiOns!
lsit not competent for Congress to say a
! murderer shall not stand here; and is not
thisembraced-in the rule Sof iair character9'' 10
Can't be said that "a man has % fair char7
acter" who comes here after he has az
tempted to destroy the Governmentg Does
q not chat disqualHy HMM this court Isit9I
~ not competent for Congress TO- say the parr "
don shall not quality a man for praotice in "a
this court and cannot the people OF State
say through their delegated authority that
| man VINO mas cOutnlSbeub hOiulCtuc onhlA l
never voteTOr hold offlcef aWhatl more
!, power have the people ip conventions than !,
4 Congress has under the Constituti0hr
q Conventions can prescribe the iqualifica-h
4 tions of candidates for office and Congress-
has powers just tas plepary. y. 8ilg bggo1dt
NJ Mr.. Speed maintained then that the
, qualification IN the law is not penalty T.
|, ! BE looked upon it as something which O
L Congress may make It theduty of the court
to embraeeoiAf AFTER. further aargnmentnMT
u Speed saidihe wanted all theIp Ip0lEers ofthe
; 4 Constitution exercised Tor, the purpose Qf
, bringing about peace. No Governments
: had ever before passed thruughgsO mAuyDs
: trials asour own within the last fouryearsoli
The, slumhering powers OF the IConstitp7, Y
y tf0n, when the war commenced, were found
y as fnadeduate for domestic as for foreign
~ war! Mr.. Garland did, by reason 6hls ansni
. tasonistiopositio wheRyhe engaged IN re7IT
p hellon, become q pnblle enemy, and this !
u vacated the office which he held. The par y
don did not restore hfm, nor give the peti9al
s'i toner A. right which ohedid notUtherwissDii
, possess. He repeated. the e9tlll pEeseribedi \
BY Congress was asqHal location, and pot, q \
tfr,t