, 1865-12-16
IMPORTANT ARGUMENT.
The ConAt1tutionA11ty OF the Loyalty
0athh4

The ConstItutlonal1tv OF the Loyalty
Oatan.
WAsu1So7os. Dec. Is. The United States Su.
10 heir The arguments tn favor Of restoring Garud
Of ArkAutas. and Mann Of Louisiana, to the prari-
lego oftTact,stne before the courts wttho9t1aslpg
Carpenter, Of Wisconsin; ~. CARPENTER ea!d: Mr.
Garland took part IN The tebellfon- ent bad been
pa,uoned By the President, and askcd to be read
mited 10 pEaetfce at court husIwas met ny thc act
sssas,nE s. MN IN to ssnna sns sne oatn 1o.t ne
and il yjoiates he eprit q tbe Consultation i
.oid Ths coeH had hsa taa; a sPy se5f,qab u
pc, tse @en6sIs q tee csaH ao'a ot1lss tos nfs:
Gise them ~ to hold oaes .iieF. = 81:
!atn age - eate Of assault l., nd ,t.1 bs,tn.s11
lion. II would be unconstitutional for Congress-
TO pas. laT requiring member t9 e. ssTes5 BE- bad
s5es committed y sas an 1nf hs PstiiHpbs
viii death: The Pzesident:s pardon had lhe edact
to fnly restore big! to IL 'he nghte, ciyil and po.
G, 7 =, M hs tho bad s0'tn nsss4 Of bes see sa L
1speton sneieeted lin . io.te4tars: 5ai p.zdon
grera dies perpetual bar to his holding Office
and Il In direct oppos1tion to pardon. The Presl~
dent Is trying 10 pardon tho Congrs's to punish.
eonshneaon is snstained By the FedeFs1irt nd
other authorities including former justice of thls
a ane eds{ o 1soese
don mnst be construed according to the
power. Il Was 20 understood In England at
the time Of the adoption Of that in<trnment. The
Con11ituuon is The eane today u at The period It
vas ratIfed. Thoee who stood BY the Pzrs,deui Ia
shs ererctse Of doubtful power 10 the var should
rec that the CONSTITUTION be not ehen Q! rs Powe.
nalH OF England to show What It meant BY pardon,
md raid Il charges not only pontshmsu; but a1so IL
peston Is a. Innocent as be lad 1escr committed
| ihe otense. In other words II makes him new
| msn. Pardon Will enable him to prosecute for
1ceeuerAteA and 1eneWs him, and to call him trait
or ls to violate the constitution Of England, and
deny the power Of the King 10 make him new nan.
Petident ha. exercised this power in behalf Of the
petitioner 70 al to mske 1t Impossible 10 inlet any
panieh,nent On him for the crime Of treason The
| qualities him from holding od1oe. This !: the
| eject Of the taw, because having committed The
| o9ense specified. b cannot sTeaf 9o nevet i r.:
any civ1l Offices. Thls Is punishment When the
war ccased the Constitution resumed It's stay
thosf hss n sf 5s country where Its
nj, Carpenter c1ted VARIOUS authorities to shov
that dlsqualifcatlons a1e punishmente, aud could
q eniity a of ossnscs Ss 81 due process q aw Wnea
pardon IL granted, the recipient cannot be deprived
Of the restoration Of his ra:h.s bec1nse Il l. 1a
sse. csisi 5asrs ~ i
Ess.ad e +, Ssss .l;. i e3ss.';,ss :
es Power pte.ebs .. ssa'e oath, 'hGS oF
receive executive, c1cmency where is tho Limit!
| 1hey might, II ever "e ehou1d have corrupt body,
recipient had ucsSr voed Tor or against particular
candidates, and thus rerpetuate their power, The
right Of the petitioner TO ssE nse his once 10 a
other rfght. No mnn cnn, under the Constitution,
be deprived Of bis rights Until be Is heard aecotd-
attorney I Genera Sped said he reIolcetl AZ mneh
% Nj. Carpenter that pence has asnin returned:
A. he understood .he argument, that gentleman
T1ted saIes M osl.nd rs s a oeer
shis Court. Gn this IL. Speed TOOK Issue. There
never VA. time when Congress dia pot psese,1os
Win these sb %n9 not h, only }he endSsySa GovsS
ment ftsel1 md thereby ceased to b a. Officer;
man % o was Correct, judge Gaerath, who mover re;
h. Re Sst as J9sf W % Ss Sson GSaFt
doned; but pardon would got certainly reztofe Or
him. Take also the case Of Postnasters and of
rebellion. II Would not be commended that pardon
would restore TO them their Offices and RECALLS
o Sss 6s 5ss @ ha' =
attorney IN tbls Court be holds o!,ice now. Thert
are publIe md private Offices as there are pnhlit
ilshed bt constitution ana also by law. Ar
attorney ls not admitted to the hsr for the pnrpost
Of giving big once. Congress @ has ea!d the Co9s
plaee was formed as II now stands. Other qnal!d
: catlous may be required. euch as examination b.
, board Of lhe applicant for admission.
| ofMr. Carpenter. The place held By the attorne:
vae IN Office, but what ms the tenure when be az
,, eepted otace he did not know. The Court coal,
dee. The power Of Congress over Qualification
was known to him when he entered upon 1t. n
,Ss 9Ts I'D oeF as
! daly my from time to time be changed. :,
g o nnss ssaon 4ae / 9s 2snax al
fop under twenty-0nc years ehall not vote, or ths
l i. be shall not vo.e unlest be possesses pEopeft
practising At It's BIZ nst have aiE character an
: cc1rt con- + Of hts Sue. ns would depreeste aas Al
: time would desire Congress % PISS such la%* .
wou1d keep ont Of her high places those who ha'
= y not been taithtal to ths country Ia the past.
. no, Ley to enable patty 10 unio:s the o1'ees
n The Government. The gentleman remarked tn
while pardon says the recipient shall NOT be pn
= Iresideut only eires Kim the right Of every 9th
' the cath. 1t bus been decided By authority Will
he quoted that while pardon Is protection again
all assaults tor things done. it can never be Il
n foundation for claim. n Mr. Garla1d's otR-e y!
lc forfeited when he became = public enemy.
ID be not coming before the Court with Il
10 Presidtntt pardon, and maxim. II the foundation
If claim. That cannot be done. Il Is simple pf0tG
ID t,on-po! weapon Of defence. not the key By viii
ID | otees can be orened. MI. Speed admitted tha!
eall n.n Hho h. M rseelsed pa1,on tsa!to: o.
ii traitor Of fe1on that Il rot actiouablc Pardt
]: does not wipe out The fault IT'LL rcHs's
'e My rnt Cou9rt' saE thai such taes. :
Il. Concrrss to ~ that ! uaah1e1+r shall n
stand herrf II not thte embraced 10 words Of e
IL Of tas eharaeterf Can Il hs nd thxt man h1s 7
ns eharaees ho conra he,r afcs ha haA Attcua7tal
cd | de%troY lhe Ho,ernmeutf Dots not that dsQuHl
ru him ii his Court IL not eosunetent for 70
Of EtRA 70 s4{ fATuoo &aaM nQt qa&l1f t@ ~