, 1865-12-23
THE GARLAND CASE,


AeTerdY 30AnHons
WAsHS01o1, Dec. sss--1n the U. s. Supreme
doaPz q & e essf e Is aomsd It q r.
tee rs counsellor, Hon. Here1dy johnson dclly-
errd N argument acalnst tie constituuonslitg Of
The Congressional test oath.
1hesr being no anIecedent Government 10 our
own, itis necessary to look into the Constitution
itscf to FEC What powers were originally conferred
NECESSARY and proper lava to esrry tben into
effect Ihe.c powers arc 70 be 50 construed "a TO
eject the object they arc deaigoed to accomplish II
II and ta,cn determine whether the lesitat!on viii
aekat or stcntc The end. restriction to this class
Of powers is that Congress shall pass no e. post
IS well andc.stood 70 be any Law which nskcs IN
when nc act vas committed; hut lbs
rrccdss c q t pettoher @ om tie s1escse it, of s ias
Ills hares end ambition, and suffering of
and q ee una a. III
Subjects him to ell tho objections OF tie tonstitu-
ttou, while It takes from him NIL Its advantages.
attorneys in the courts ot the Q. >.
Three years were suffered TO elapse when some
ono IN Congress who may hare been peculiarly sen.
ts5 ~ as*f sss I'll S &C. Sd
to tic Judiciary Committee OF The
Afterwards, however, received The saccton Of the
Senate Il wus passed for the purpose Of excluding
the psti!iones5 ind I'll e.heE; similarly sitaa!ea
subsequent but antecedcnt to the passage Of the
s:a&ute- This act cones within the cleas
meaning Of .he elanSs IN the constiiu.
.jaao iaw oT bin Of a,tsindef: No rights ca, can
to taken away By lay nniess The accrsed
shall be frt convicted Of the offence ch.reed, and
emo!nnaeut and t.ust. Snch laws ii those Of 1855
wele relal statutes. The Attorney tienssal had
argued LAST Friday tht admission to practise tn The
law, md therefore may 6e reenlaied By Law, aud
eilhez given or taken aUa5 hut Il is not trae that
conss,s ean y lam p'onhht, ths Appearance Of
lie Constitution provides that psrties Changed
With cs1mc shall hasc Tie benefit Of counsel, and
therefore congress by no jas!soietion over That
common lsw VIM power q mas lssu@atioas 70 x
to say Ohe sAsn q wig M, ssall not ,, sR;
pcsed o. md to es.e eo,rs mnsa eaI
res with It an obligation on the part OF the courts
to admit counsel. The safety Of Tho citizen de-
9a sa sfnes Of s fl ss
demands a. i1ust1a.ed by the histoy Of The world,
ihat there should be such 4 hody o. 1nen In ali
EssolGAosass it s,tusslss and desposisms which
The accneed have been denied counsel. Congress
wou;d eouyert itself into tyranny IT, while estsb
usl4nE cQutf9, Il Would exclude sQeh cI398 OF
men. The act OF Congress under review compels
u1an to swear against himself, while no power ls
G'rrn to the court to inquire INTO The facts. 70
p s e. f. peos2 t Rh aSe, te .s'5 i
tnsolyet In tho effort to establish separate :nde
rcudcbcc from the authority OF the United State*
and resisted It By lcvJlnS w5r. The punishment tor
treason anterior to The passage OF the act Of 15G5
destA Or irapris0nmeut: but this actfmposes an
additional penalty, that persons thus nccused shall
not be admitted as attorneys In the United States
courts.
Congress In 1862 passed Law saysng that when
eycr the President deemed rtopct. lie might de-
clare grEczal amnesty, wh,1 TIC Constitution con
ftrs upon lila The exclusive power Of granting
pardolss and rrrEtevee. The pardon psces the re-
commission Of The crime; makes him a new man
and diycsts him Of I'll antocedcnt Consequences.
SEppo-e this Law OF 1865 had been made part O.
thc ACT for the punl.lment Of treason. md he man
committing the crime bad been par1oned. would II
not also have exempted him from the punishment
! for the pcence and prevented him from being c1.
cludcd from practting attorney In the United
s1atcs couEtst The pardon coTers every part Of the
offence, and Congress cannot, after the pardon has
bcgn granted. rast Law 10 pNDis for the odrDee
psrdoncd. The disgracefl fact IL presented to tho
world that Congress- undertakes 10 tnicreIe By deny
tn2 the power Of parton conferred By tho consti-
tuition exclusively On the President without limit;
Congress cannot say to the penuoner, Jo1 shall
be t1ici for ttraton aftcr having been pardoned
II rhls true Of one class Of crimes, It was THE
Of ell others.
Nr. johnson quoted ftn1n various judicial optn'
Ions to foIify he points Of argument BY him pre-
sentcd The CouI: holds the matter under advise
rucut ari has adjourned until Tuesday next.