The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-12-27
TIE STATUS OF PARDON ED
REBELS.
The Attorney Generals Arsu-
mcut---pardon Does not Restore
Citizenship.
WASHINGTON, Dec. Is.
THE GARLAND AND MARI CASE.


THE GARLAND AND MARI CASE.
The United States Supreme Court
room was crowded to-day with lawyers
to hear the argument in favor OF res'or,
ipg Garland, Of Arkansas, and Mari: OF
Louisiana, to the privilege Of practIclng
before the Court without taking the test
oath. The argument Was made by NJ.
II. Carpenter, Of Wisconsin: Carpenter
said Garland took part in the rebe Ilion'
but had been pardoned by the PRESIDENT
and asked to be readmi;tcd - practice
Il, the Court, but was nc: by an act OF
Congress, requiring him to take an oath
tina, he had net participated wiIl:"'Iy II"
the rebellion. This act is 4 complete
bar to the petitioner rights; and it 1t
violates the spirit of The Constitution, 1t
i. void. The Cour, had held that any
LEGISLATION il void which Imposes bur
dcns. aud renders rights secured by the
Constitution useless for pie, mem
Der, Of The Court held the Office for !lIe.
or during good behavior, and it would
not be competent for Congress to pass Il
law Euv!.iJllng them to hold ot'Irc after
a certain age. \ case Of assault aud
battery is punished by fine, a"d not by
civil Disqualification. 1t would DC nn'
constitutional for Congress to pass law
rc1uirin: a member to swear he had
never committed sub o!f.nsc. The pr.
,i,iorcr, while guilty Of treason, might
have been punished with death. The
Presidents pardon h,l the c:icc, to fully
restore him to all his rights, civil and
political. and the holding OF oill:e, as
fully Il, Il he had never bcea guilty OF
the o!:ensc. I.n.aeing III tho rebellion
subjected him To the forfeiture, bat par.
don restored him to all his rights. Yet!
the ac; Of Congress Gxes a perpetual bar
20 hi, holding, Office. and is in direct op'
position to the pardon, The President
Is irwin: to pardon and Congress 20 pun
i,h. The President May pardon Tor AL
o!rcnScs. and the construction Is suS-
tanned hy the Fedcralis's and other au.
rh"ri,ie>, Including the former Justice
Of the Supreme Court.
The language in the Constitution CIV
iny the President power TO grant re-
pricvcs aud plr'lon$, must BE- construct
ed actor,!in. to scnSc. The power was
understood in Enganl at the time OF
the adoption Of that instrument. The
Constitution is the same to day as ut the
prriod i; WIS ratified. Thusc who s:ouI by
the President in the exercise Of doubtful
power in war. should sec that the ConSti.
tuition hc not >horn Of It's power in peace
The gentleman referred t" he annals OF
ENGLAND to show what it meant 10y par
don, and said it discharges no; only
from pumi,hm cnt. hut also from the gu:it
Of the oh,cnse itself. In the eye OF the
law a person is as innocent as il he had
never committed the oit1n>c. In other
words. it makes him new man. The par
don will enable him to prosecute Tor libel
any one who may call him Il traitor or Tel.
on. /, rcgcncratcs and rcncwS him, and
to call him Il traitor is to violate the Con.
>,itnlon Of England. and to deny the
power Of the King to make him new
man. The Supreme Court has similrrly
decided. The President has exercised
his power in hchlii Of the petitioner. So
as to make it Impossible to inhict any
punishment upon him for tho crime OF
treason. The act Of Congress does in
h;c, punishment: it excludes him from
Office this is the effect Of law, because
havin. committed the otG:nse specified.
he canno; swear he never has, which abb
solu;c!y disquaIiiies him from holding
any civil offices. This il punishment
when the war ceased and the Constitu'
ton resumed its sway over those parts
of the country where its operations had
been Suspended. lie cited various au
,hori,iss TO show that GiSqualiicat'ons
are runi<hmcn,.. and couli be visited
only on persons who have been found
guilty of o:lon$cs,. or BY due process Of
law. When pardon is granted the re-
ci2icnt cannot be deprived Of the rcstor'
alton Of his rights, because it is in effect
forbidden by the Constitution OF the
United States. Chief Justice Marshall
saws We must regard the act Of power rs it
is understood in England. l:C"ugres', 10
opposition 20 the power o. pardon. shout!
be permitted to prescribe oathS FOR those
who receive Executive clcmcncy, where
is TIC limit? They might, if ever We
should have corrup: body. require an
oath nv a qualification for Office. that re
ciricn:a had never voted for or aSalns;
a particular candidate. and thus perpct.
u1te their power. The RICH. Of petit
TONER to exercise his Office is species
os property, and to be considered as any
other right. No man can, under the
Constitution, be deprived Of his ri gh's.
until he is heard according TO the forms
Of law. Authorities sustain the peti.
TONER that he has right in this court
of which he can DO. Invested on y by the
due process of law Of Congrcs s, which
inds an excuse in the truth that it vas
war act.
In reply to Mr.. Carpenter, Attorney
General Speed said he r"joiccd as much
as Mr.. Carpenter, that peace has again
returned. As he understood the argu.