The Nashville daily union. [volume] (Nashville, Tenn.) 1862-1866, 1865-12-17

Iou Is az innocent as If he had never com
nitted the uffense a other words, it will
make him = new mRn. The pardon will en-
ole him 10 prosecute for libel any one who
may call him traitor or felon. Il regenerates
him and 20 call him traitor is 70 violate the
Constitution Of England and 10 deny the
power OF the King 20 make him a new msn.
This the Supreme Court has similarly de-
-ided. The Preaident has exercised power
IN behalf OF petitioner; slsO 10 make il inn
possible 10 inhict any punishment upon
him for the crime OF Q eason An act Of
Congress does infict punishment. h ex-
cludes him from Office. This is the effect OF
the law; because having committed the Of
Tense specified, which disqualihes him
from holding any civil Offices. This is pun
ishmeut where the war ceases, and the Con-
stitution resumed its sway over those parts
Of the country where its operations had
been suspended, and he cited from author
ity 10 show that disqualifcations are pun
ishmeuts, and could be visited only on per
sons who have been found guilty Of offences.
When q pardon is granted, the recipient
cannot be deprived OF the restoration Of his
rights, because it is ia effect forbidden by
the Constitution Of the United States. Chief
Justice Marshall says we must regard the
act OF pardon as it is understood in Eng
land. Il Congress, in opposition to the par
d0ning power, should be allowed 10 prescribe
an cath for those who have received the Ex
ecutiye clemency, where % the limit 2
They might, IL ever that body should be-
come corrupt enough, require an oath, as 4
qualification for office, that the recipient
had never voted for or sgsinst particular
candidate, and thus perpetuste their power.
The right Of the petitioner 10 exercise bis
Office should be regarded as any other right.
No man can be deprived Of his rights until
he IS heard sccordIhg 10 forms Of lew.
The authorities sustain the petitioner, aud
maintain that he has rights in this court Of
which he can never be Invested only by the
process Of the laws Of Congress, sud fnds an
excuse 10 The truth thar it was the war
which occEsiOned the act.
Attorney g eueral Speed said that he re-
ioiced o. mech ss Mr. Carpenter that peace
has again returned, End that he understood
from the argument Of that gentleman the,
he maintained that while ia the rebellion
against the United States, Mr.. Garland was
sin the officer Of this court, with rs much
right 90 it as 90 locomo;ion and property.
On this Mr.. Speed took the issue that
there never was time when this did moi
prescribe qualifications for Office. The Pc
titiouer arrayed himself with those who not
only endeav0r 10 destroy this court but the
Government ituelf and thereby ceased 10 be
officer. Could not the power that made the
Office destroy il?
II the position Of Congress was correct
Judge Magrath, who never resigned his
place Ne Judge Of the District Court Of South
Carolina, but who took part ia the rebel
lion. will be restored 60 his position when
he is pardoned. but pardon wouldn't Ger.
tainlv restore him. Take also the case Of
Post masters and the officers Of the army
and navy who participated IN the rebc lion
IL certainly would not BE- conteudei that
pardon would restore % them their Offices
and RECALLS. Tine proposition is that BY bis
treason, Mr.. Garland didn't forfeit his office
10 is insisted that the attorney 10 this court
hold Office now. There are public and pri-
waite operations, and there Ere Offices es-
tablished ia the Constitution aud BY law
The attorney is not admitted 20 the bar %
give him office. Congress has said the
court may establish rules. aud ia 1859
qualifications Tor the place w8s formed a.
ID now stands Other qualifications may
be required. such Is the examination By
the b0ard Of tbs applicants fsr admis-
SION Mr.. Speed then coutg0yerted the
other propositions OF Mr.. Carpenter. The
Mace held By the attorney WAS an Office,
but what is tenure? When be accepted
the office did be snot know that the
Court could not prescribe such rrlcs IS
would deprive him Of office. The power Of
Congress over qualifications was known 90
him when be entered upon the duties o. the
office. The decision has been made over
aud over gain that Congress could prescribe
qualifications. Ofices are held at the will
Of the power comforting them, and the du-
ties may from time 90 time be changed.
There Is nothing like q penalty in the law,
ID il Qualification. IS 90 whether the Quali-
icati0n is a penalty, depends upon the
stand point. The State may saYtnat : per
son under p years shall nor vote. OF that
he shall not vote unless be possesses proper
" quail ,icat,ons. This Court may say that
aman practicing az its bar must have fair
character, and that he had praciiced for
three years in the highest court Of his State.
He would deprecate any act which would
prevent reunion, but at she same time would
desire Congress 60 pass such laws as would
keep out OF high place. those who have not
been faithful 70 the country in the past
Was there anything iu the spirit of the
Constitution Was il so framed that par
don wou a arrest the arm OF justice and
prevent the niliction OF punishment
The gentleman remarked that while par
don saws the recipient shall not De punished
the law 81 Congress says he shah. The
President only gave him the right Of uny
other cit zen. IL is the parsons own aut
if he cannot take the oath. Il has been
decided Nv the authorities, which be quot
cd, that while pardon is protective against
d D assaults for things done, ID can never b.
the foundation for the claim. ii Mr.. Gar
lands oflcc was forfeited when he be-umS
public enemy, is he not coming before the
court with the Presiieut's pardon, and max,
ing il the foundation OF his claim9
Mr.. S. admitted that % call man a
traitor or felon Is actounble. But she
psrdon does uot wipe out the fault; that siIl
remaius. Nay not Congress, then, say that
such facts are disquahncHuons? ls il n0i
competent Coz Congress 10 SAY q murderer
shall not stand here IL Be- not expressed
IN the words Of the rule that a fair chars -tel
shall be necessary publication Can Il
be tuid that the uau has fair character
who has attempted b destroy the Govern
meut2
Does not that disqual.fy him in the court
Is 10 not comt elcDt Tor Congress 90 say par
don shall not qualify msu Tor pracuce in
this couTtH And cannot the people Of q
state say, through their delegated authority
that The man who has committed homicide
shall never vote or hold ofice9 What more
! power have people ia % convention than
tHnCiess has' Under the Constitution. con-
veuuous can prescribe the qualifications OF
. csndliutcs for ofce. Congress has power
Z just ss p.euary
Mr.. Speed maintained then that qusl ilica.
tons IN law are not penalties he looked
upon % as something which Congress makes
10 the duty 90 the court tocu forcr. A. Speei
sad be Eauted all the uoUer OF the Govern
ment exercised Tor The purpose OF bringing
about peace. No government had ever be-
fore passed through So many trials a. our
own within the last ionr years The slum
bering ToWers 81 thc Constitution when war
commenced were found o. adequate ior do
mrsiiC ss i0r foreign wur. Mr.. Garland did
by rsasoa OF his autsEouistic position which
he euioved in rehslisUn become a public en-
emv, and thus vacated he odice which Dc
he'd Pardon did NOS restore him uor give
The petitioner the rights be did not other
wise possess. he repeated that she cath
prescribed hv Congress Was qualification
and not penally, aud it vas competent tor
Congress Go subscribe that oath just In letter
and spirt.
The Hon. Reveriv Johnson will on next
Friday continue has argument In support OF
the application q The petitioner. The re
marks Of Carpenter and Speed were listened
10 with marked attention. The above is q
mere outline Of the prominent vicws pre-
scented by these geuuemen.
coz. CEkyEN's CAsr.
WssHrSsroS, nes. l5.-The naval general
cgurI- martial. oil which Admiral Farsrnr