The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-12-16
Argument in the United States Supreme
Court on Its Constitutionality.
~-~>>~>~~~~>-S<~~ooO>e-~>e~~-
Can Congress Exclude Pardoned Rebels
from Practice Before the
National Tribunals!
The Case of A. III. Garland, OF
Arkansas.
&c. DC. &c.


ton from various parts of the country to hear the agu
ment upon the question whether pardon by the
President restores the recipient to all the rights of c
zenship which he enjoyed previous to the rebellion
ARGUMENT or Mr.. CARPENTER IN FAVOR OF THE
APPLICATION.
NJ II. Carpenter Esq, Of Wisconsin SAID he had been
applied to by A. H Garland, OF Arkansas to submit
motion to the Court and to ask FORTS consideration He
said he resided in extreme Northwestern State, and
had favored all the TO suppress the rebellion
but prepared to extend the right hand OF fell
owshp Is his reconstructed brother and, flag
floats from the Atlantic the Pacific after four years OF
stern ci war; this s the time 10 fix deep and strong
the landmarks OF constitutional law The peculiar Of
the petitioner, Mr. Garland, well Mr. Mari, Of
Louisiana grows of the late rebelion in which he
took part He has submitted hi mscf 10 the govern.
ments authority aud for reasons held by the President
TO ocntirey sufficient he has been granted full pardon
he asks to be readmed counsellor at this bar butts
met in the cndeavor by The act Of Congress passed in
1885 This law requires attorneys 10 take oath that
they have not participated wfully in the rebellion, and
to render allegiance and obedience to the government.
This act Is complete bar to the petitioners rights
If il violates the spirit of the constitution, 1t is void
This court has held that any legislation is void which
imposes burdens and renders rights secured by the
s'itution useless. The members Of this court for IN
therefore IL would not be competent for Congress to
provide that they should not preside beyond certain
age. Take the OF assault and battery IL is
punished by hne but Is not followed by civil dIsquali
lcaton suppose an attorney commits an assault and
battery and Is fined, and suppose that Congress had
passed law requiring him to that he had never
committed the offence would not that be UNCONSTITUTIONAL
What the result OF the law Of which complaint is made9
First ccosidering the petitioner guilty OF treason
he might have been punished with death Dat the Pres
dent has fully pardoncd him, and tho effect this Is
restore him his rights civil and political apd the
holding OF Office fully as il he had never committed
the oieacc Engaging the rebellion subjected him
forte turc; but the pardon restored him his rights
Yet the act Of Congrcss Ses perpetual 10 hts hold
ing 0; Office, and Is in direct opposition TO the pardon
The President said by hs PARDON You shall not be pro
caded from practising in tho Supreme Court; but by
the act of Congress he is disqualified The President
Is trying TO pardon and Congress 20 punish the former
Is wiped ont by the latter The President may pardon
for all Offences and this construction is sustained by the
"Fcdcraist" and other authorities, including former
Justices OF the Supreme Court. The language in the
constitution giving the President the power TO grant
pievcs pardons be construed according 70 tho
sense the power understood n England
AZ The pfae OF The adoption .oi that INSTRUMENT The
constitution the same to-day IL At the period IL
was ratified Those who stood by the President In the
exercise Of doubtful power in shond that the
constitution be shorn OF rs power in peace Tho
gentleman referred 10 the annals Of England to show
what Is meant by pardon and said discharges only
the punishment but also the guilt Of the offence itself
In the eye Of the law the person is Innocent If he
had never committed the oaence; In other words IL
makes him man The pardon will enable him to
prosecute for libel any who nay cal, him traitor
or feion It regenerates and him. aud to call
s of Eurlo nd
and 10 deny tho power OF the King 10 make him a new
mSn This Supreme Court has similarly decided The
President has exercised the power in behalf Of tho petit
TONER 20 a. TO make II impossible 10 nlct any pGnsh
ment upon him for the crime OF treason but the act or
Congress does infct punishment 1t excludes him from
Office This is the effect OF the law because having com.
United the offence specified he never has
which absolutely disqualhes him from holding any civil
Office. This Is punishment. An American citizen who
thinks lao obtain Office believes TINT all other
things VIII be given unto him. When the var ceased
the constitution resumed It's sway those parts Of the
country where its operations had been suspended The
learned gentleman cited authorities 10 show that
dsquaications punishmcnts, and cosd he visited
only persons who have been foaDd guilty OF offences
due process OF Law. The President says 10 The petit
TONER II pardon you; you shall not BE- disqualified In
consequence OF any treason you have committed " but
Congress says 10 him, "You shall not practice in the
courts unless yon take oath that you never committed
the offence and IL you falsely you shall be pun.
shed" When pardon Is granted the recipient cannot
be deprived OF the restoration Of bis rights because IL 10
In effect forbidden by the constitution OF the United
States Chief Justice Marshall saws we must regard the
act OF pardon as u Is understood in England II Con
gress, In opposition to the power Of pardon
should be permitted " prescribe oaths for those
who receive che Executive ciemcncy where Is
the limit They might, II ever we should
have corrupt body require oath qualification Tor
office, that the recipients had voted for or against
particular candidate and thus perpotuae their power
The right OF the petitioner to exercise his Office is
species Of property aud 10 be considered any other
right No can under the constitution, be deprived
Of his rights until he IL heard according to the forms OF
law The authorities sustain the petitioner that he has
right in this court Of which he bo Invested only by
due process The law Of Congress finds excuse n tho
truth that was Whom Il was passed our sons
falling on many pattlencds Mothers ana friends
were weeping at open graves and the public heart was
stuBg madness and revenge but now that peace has
returned let the small stl voice 70 from this temple 10
quiet whatever excitement may exist, and encourage
every one 10 the performance OF duty, that
peace and prosperity may shed their blessings
from this sdch procl,nation then those who be-
liove In a special Providence, and that not even a
sparrow falls 20 he ground without His special notice
will find their faith strengthened by the accession 70 the
Chi,f Justceshp u one who enjoys the reputation OF
always having been the generous friend OF popular
liberty IN It's mott comprehensive sense.
REPLY or ATTORNEY GENERAL SPEED.
Attorney General Speed said he rcioced as much az
Mr. Carpenter, who had just addressed the Court
that peace has again returned. Az no understood
the argument that gentleman had maintained that whc
IN rebellion against the United stsles Mr. Garland was
stu an officer of this court with much right 20 II M
ho had 10 locofnoton and property On this Mr. Speed
took issue. There was time whom Congress did
not prescribe qualifications for Office. The petitioner
arayed himself with thosc who not only endeavored 10
destroy this court but tho goyerlWent tsef and there
ny ceased 70 be an officer Could not the power that
made tho Office destroy itf II the position of the
resigned his place as Judge Of the District Court
OF South Carolina, but who took part the rebellion Will
DC restored 70 bis position when he IL pardoned by tho
President But the pardon would not certainly restore
MN Take also the cases 81 posmastcrs and officers OF
the army and navy who participated In the rebellion II
certainly would not be coniendod that pardon would
restore 70 them their ofcos AMI reyala tn proposition