Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-12-23
FROM WASHINGTON.
Robbery Of a PaymaSter in
Washington.
Gold last night closed f46 f-8.
Associated Press Report.
Washington News.
southern Caucus

cOAAACEA N<4uCuSs
NEW York, December 22.-The CONNER
ciaPs Washington dispatch says: The South
ern members of Congress elect held a caucus
yesterday and decided to return to their
homes, leaving one from each State to repre-
sent them before the Joint Committee of
Congress,
New York COIIecfOrship.
The Posts Washington special saws: Mr..
Van Dicks friends are confident of his ap-
pointment as Collector of the port of New
York. He is strongly recommended by
prominent citizens.
General Grant and the Freedmen's
Bureau.
WAsHIEeroN, December 22.-In the recent
report of Northumberland Grant, to the
President, giving his views of the feelings
of the Southern people, he spoke of the
Freedmen's Bureau as an absolute necessity
until civil lay is established, to enforce
security to the freedmen in their rights and
full protection. He said, in this connection,
that at present, however it is independent
OF the military establishment of the country,
and seems to be operated by different agents
of the Bureau according to their Individual
notions. General Howard, Commissioner of
Freedmen's Affairs, view of this remark
OF General Grant, issued an order calling
the attention of the assistant commissioners
TO that report and saying that a most
thorough inspection, at once, will be made
and the evils complained of corrected.
An order from the War Department makes
the Bureau independent of the military
establishment and any agent or officer who
Presumes to act contrary to instructions will
be removed or reported by the Department
commander for trial by court martial.
Assistant Commissioners.
General Howard has issued the follow
ing order:
In all matters of a military character
Assistant Commissioners are under the di-
rections Of Department Commanders, in the
same manner as an officer of engineers
building fort, in the same Department.
who reports directly to the Chief Engineer
Every Assistant Commissioner will con-
tinually seek cooperation with the Depart
ment Commander, and mnst keep him
furnished with all information IN his pos
session. His formal approval must be Sc
cured when possible to all arders and cir
culars issued by the Assistant Commits
sioners.
Minister to Japan.
1t is stated that General Van valkenburg
of New York has been appointed Minister
to Japan.
The Garland Case.
In the United States Supreme Court to-
day, in the case of A. H. Garland, of Ar
kansas, asking to be allowed to practise as
a counsellor, Hon. Reverdy johnson deliv-
cred an argument arinef AZ e~--StiSUtIOnal
ICY OF the congressional test oath.
There being no antecedent to our own
government it was necessary to look into the
Constitution itself to see what powers were
originally conferred on Congress. These
being that Congress is authorized to pass
all necessary and proper laws to carry them
into effect These powers are. to be con-
strued so a. to effect the object which they
are designed to accomplish. 1t is the duty
of the Court TO ascertain what this is, and
determine whether legislation will de-
feat or secure that end. A restriction to
that class of powers is that Congress shall
pass no expost facto law or bill Of fattainder.
The meaning Of this is we'll understood
to be that any law which makes an act
crime which was not crime when the act
was committed. But the law of 1865 does
punish in point Of fact, because it precludes
the petitioner from the exercise of lawful
occupation, and strikes at profession in
which his hopes and ambition and support
of himself and familyare involved. The
punishment is severe, cruel and unexam-
pied. 1t subjects him to all the objections
of the Constitution, while it takes from him
all its advantages.
The original act of 1852 was not made
applicable to attorneys in courts of the
United States. Three years were suffered
to elapse when some one in Congress, who
may have been peculiarly sensitive, and
who saw danger in every view of any
man who had taken part in the rebellion,
introduced bill applying the provisions Of
the law to practising attorneys. The bill
- Il g. LII
of the Senate and by a unanimous vote
rejected. Afterward, however, it received
the sanction of the Senate. It was passed
for the purpose Of excluding the petitioner
and all others similarly situated, from the
United States courts 1t was not for con-
duet subsequent but antecedent to the
passage of the statute. This act comes
within the clear meaning of the clause in
the Constitution that Congress shall psss
no expost facto law or bill of attainder. No
rights can be taken away unless the accused |
be first convicted of the Offense charged,
and these rights include the holding of
an Office of emolument and trust. Such |
laws as that passed in 1865 were penal
statutes. .rag4s.I te.-s.ta-es
If the Attorney General had argued last |
Friday that admission to practice in the |
courts is not natural right, but created by |
law, and therefore may be regulated by law |
and either given or taken away, it is not |
true that Congress can by law prohibit the |
appearance Of counsellors in the Courts of |
the United States. The Constitution pro- |
vides that the party, charged with crime5
shall have the bens6 tAffeounsel /; therefore
no ojursdis ssihn over that subject.
It is true every court is vested by common |
law, with power to make regulations to ex-
clude improper officers, but Congress has |
no right to say who stah and who shall not |
appear as counsel cflhe obligation which is
imposed on Congressto to create courts, car
ries with it an obligation on the part of the |
courts to admit counsel The safety of the |
citizen depends on the existence of the pro- |
vision for the admission Of counsel. The |
of liberty demands, as illus |
trated by the history OF the world hat there |
should be such body Of men in revolu- |
tionary struggles and despotisls which |
have disgfaced the world.
The accused have been der 81 counsel. |
Congress would convert itself in;c tyrant |
if while establishing courts, it would ex-
clude such class of men. The act Of Con-
gress under review compels man to swear
against himself, while ~ mower is given to
the court TO enquire acts. No man, !
by the Constitution, .a led to testify
against himself. -..---
The petitioner, with as lnYolTed |