The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-12-27

il that BY his treason Mr.. Garland did
not forfeit his Office, and it is insisted
that an attorney in this Court holds
Office. Now, there are public and pri'
vate officers, as there arc public and prI'
vate corporations, and there are offices
established iu the Constitution rs also
By law. The Attorney is not admitted
to the bar for the purpose Of giving him
office. Congress has said the court may
establish rules, and the 1889 qualihc".
tons for placc were framed as it now
stands. Other qualifications may be re-
ouired, such as an examination by a
board Of the applicants for admission.
Mr.. Speed then controvcrted other pro-
positions Of Mr.. Carpenters, that the
place held by an attorney was an othce.
when he accepted office did he not know
the Court could prescribe such rules rs
would deprive him Of Office? The pow
cr Of Congress over qualification was
known to him when he entered upon 1t.
The decision had been made over and
over again, that Congress could prescribe
qualifications. Oliicrr, arc held at the will
Of the power comforting them, and their
duties may from time 10 time DC changed
There is nothing like penalty in law; It
is qualification; AS to whether quallfea'
ton is penalty, depends on the stand
point y State may say that person
under twcnty.onc year, shall not vote,
vr that he shall not vote unless he pos
,esscs a property qualification. This
Court may say that man practIcIng at
its lar mus, have fair character, and
that he has practiccd for three years in
the hi. hest court CT Ills State. He would
lcprccatc any act which would prevent
reuLiou, bu; at the snme time he would
desire Congress to pass such laws as
would keep out Of the high places those
who have not been faithful to the coun.
try in tho past. Was there anything in
The spirit Of the Constituencies 1t 80
framed that the pardon arrests the arm Of
Justice? Pardon only prevents the in.
:iic,iun Of punishment 1t is not Key
to unlock Offices Of the Government.
The gentleman remarked that while the
pardon says the recipient shall not be
punished, the law Of Congress says he
Shall. The President only gives him
the right Of every other citizen. 1t Is
thc,arty's own fault if lie cannot luke
the oath. |. has been decided by the
authorities, which be quoted, that while
tho pardon is protection against all u.s.
.aults for things done, it eau never be
foundation for claim. II Mr.. Garland 5
Office MAS forfeited when he became q
public cucmy. is he not coming before
The Court with the President, pardon
aad making it a foundation OF claim :?
That cannot be done. 1t is simply pro-
lection. not weapon Of defense. not akcy
ny " hich o!'icc can DC opened. Mr.. Speed
admitted that 10 call a man who has re
cciyrd pardon n traitor or itlon is ac,iona.
bic, but suppose i, is said you we're traitor
or iclon, this is not actiouabIe. The par.
don does not wipe out fault. it sill re-
mains. My no, Congress say such facts
are d:.qra!iti cations? Is it not compc.
tent for Congress to Say, murder sholl
not stand here. Is nDt this embraced
in the words Of the rule Of fir charac-
ter? Can it bc said that man has fair
character, who comes here after he has
attempted to destroy the Government?
Does not that di>qua!ily him 10 this
Court? Is it not competent for Congress
to say the pardon shall no, qualify man
to practice ia this court? And cannot
the people Of Il State say, through their
delegated authority, that man who has
committed homicide shl!l never vote or
hold Office? What more power have
people in convention than Congress has
under the Constitution. Conventions
en- pres :ri3c the qualifications OF oandi'
dates for cliice. Congress has power
just as plcnary. Mr. Speed maintained,
then, that qualification in law is not
penalty.
lie looked upon it as something which !
Congress makes it the duty Of the Court
to cnLracc. After further argument,
Mr.. Speed said he wanted all the powers
Of the Government exercised for the
purpose Of brinyip. about peace. NO
Government has ever before passed
through 81 many trials as our own
within the last four years. The sIum.
bcrln= powers Of the Constitution, when
the war commenced, were found az AIDE.
quite for domestic as for foreign war.
Mr. Garland did, by reason Of his antag.
on:s:ic position when he engaged in re-
bcIiiou, become pubic enemy. and thus
vacated the Office which he held. The
pardon did not restore him. nor give the
petitioner rights no did not otherwise
possess. lie repeated that oaths pre-
scribcd By Congress, WAS qualification,
and not penalty, and i, Was competent
Tor Congress to prescribe it. The oath
was just, both in letter and spirit.
T,,r Missouri nuisl ,tnrc hoq nosSrd \