The Indianapolis daily herald. [volume] (Indianapolis, Ind.) 1865-1868, 1865-12-23
Etc, Etc, Etc,
From Washington.
General Grants Report-Suprcm
tourt-Argume OF keverdy job an



! court-Argunent OF Heverdy John
son.
WASHINGTON. December 22.-Thc recent re-
1 port Of General Grant 90 the President, Civ
I ing his views of the feelings Of the southern
/ people. spoke Of the Freedmen's Bureau as an
absolute necessity. until civil law is established
! and enforced. securing TO freedmen their rights
! and protection; and said In this connections
4 at present, however. IL II independent Of the
| military establishment of the country, and
seems 10 be operated by the different agents OF
the Bureau according 10 their indiyidugl no.
fiOns."
General Howard. the Commissioner Of Freed
mems Affairs, In view Of this remark Of Gen.
eral Grants. to-day issued am order calling
4 the attention OF the Assistant Commissioners
TO that report, and urging the most thorough
attention 10 the alterations made and evils
/ complained Of
An order from the War Department makes
the bureau independent Of the military cstab-
lishment, and every agent or officer who pre-
sumes 10 act contrary TO such instructions will
be henceiOrth removed or reported 10 the de-
partment commander for trial by Court Mar
tlal, and in all matters Of military character
they are under the direction Of the department
commander, in the same manner as an officer
OF engineers building a fort in the same de-
partment. who reports directly 20 the Chief of
/ Engineers, every Assistant Commssarv must
! constantly seek cooperation with the depart
ment commander. and must keep him furnish
/ with all Information IN his possession, and
/ his formal approval must be obtained, Ii posi-
/ BILE. To all orders and circulars issued by As
| sistant COmmissaries.
/ In the United States Supreme Court, to-day
pending the ease er pdrfc, y. II. Farland, Of
Arkansas, asking % be allowed 10 practice a.
counsellor.
/ Hon. ReyeTly johnson delivered an argu-
/ ment against the. c.constitutiOnality Of the Con-
gressional test oath. There being no antcce-
/ dent Government 10 our own, IL Is necessary 10
/ look into the Constitution itself. 90 see what
/ powers were originally conferred upon Con-
grcss. and these being stated. Congress IS au-
/ thorizcd To pass all necessary and proper laws
TO carry them into effect, these powers are to
be construed so : TO effect the object they are
designed 10 accomplish.
lt i the duty Of the court 90 ascertain what
this Is. and then determine whether the legis-
lation VIII defeat or secure the end. y restric-
tion 20 the class Of powers - that Congress
shall pass no er post fdctO law, or bill Of at
tainder. The meaning Of this l. well under
stood 10 be, that any law which makes an act
a crime which was not "A crime and when the
act was committed. But the law of 1859 does
not punish in point of fact, because II precludes
the petitioner from the exercise Of all lawful
occupation, and strikes nj profession In which
his hopes and ambition and support of himself
and family are involved.
/ The punishment j. severe. cruel and uneX-
ampled. Ii subjects him To all the AFFECTIONS
\ Of the Constitution, while IL takes from him
all its advantages.
The original act Of 1862 was not made appli-
i cable 10 attorneys in the courts of the United
\ states. Three wears were suffered 10 elapsc,
when some one IN Congress who may have
/ been peculiarly sensitive and who danger
/ In every view, who had taken part in the
+ hellion, introduced bill applying the pro-
I visions of law to practicing. The bin was sub
mittcd 10 the judiciary Committee of the SEN
ate, and by unanimous vote was rejected.
IL afterwards received the sanction of the
senate. IL was passed for the purpose Of ex-
FIna n all
situcted. and 10 punish them by excluding
them from United states Courts 10 was not
for the conduct subsequent. but antecedent to
the passage Of the statute This act comes
within clear meaning Of the Constitution. that
Congress shall pass no eT post fdcfO law or bill
I Of attainder. No rights can be taken away by
law unless the accused shall be first convicted
Of tiI, otlen>e charged. and these rights include
the holding of offices Of cmolumcnt and trust.
such laws those of 1862 were penal statutes.
The Attorney General urged, last Friday
that admission 10 practice II not legal but l.
created 10y law, therefore il may be regulated
by law and either given or taken away. But
F IL j. not true that Congress can 10y law pro-
+ hihit the appearance of counsellorS in the
courts In the United states. The Constitution
provides that parties charged with crime shall
have the benefit of counsel. AMI therefore Con
grcss has no jurisdiction over that subject. 10
l. true that every court i vested by the COM
mon law with power to make regulations 10
exclude improper officers but Congress has no
right TO say who shall or shall not appear a,
counsel.
T The obligation which l. imposed ON Con-
gress to create courts. carries with il an Obli-
CATION on the part Of the courts 60 admit
counsel The safety Of the citizens depends on
the existence Of the prosecution for the admis-
lion Of counsel. The preservation of liberty
demands. a. illustrated by the history Of the
world. that there be such body Of all men in
All the revolutionary struggles, and despotisms
which have di~graced the world
The accused have been denied counsel.
Congress would convert itself into tyranny
n, while establishing courts, II would exclude
such a class Of men. The act Of Congress
under review compels a man 10 swear against
himself. while no power l. given TO the court
/ % inquire into facts. No man, by the COnsti-
tuition, l. compelled % testify against himself
The petitioners. with others, were involved
in an effort 10 establish their separate indepen-
dencc Of the authority Of the United States
and resisted it hN leNNing war. The punish
ment for treason. anterior 20 the passage Of the
act Il l>65, WAS death by imprisonment; but
this act imposes an additional penalty. that
persons thus accused shall not be admitted n
attorneys I'm United states Courts.
Congress. in 1862. passed law saying when
ever the President deemed proper he might
declare a general amnesty. While the Con>ti-
tuson confers upon him the exclusive power
Of granting pardons and reprieves, the pardon
places the recipient Of IL in the position he
stood before the committing Ofcrime. makes him
a heN man, and diVests him Of all antecedcnt
cohsfGutnee>. suppose this law 0f ls62 had
bctsi made "a part Ci the act Tor the punishment
ei treason. and man committing crimes had
been iardoned, would it not also have exempt
td from the punishment for the OffenSe and
pry ented him from being excluded from prac-
ticfhg n an attorney IN the United States
Court.
Tnc pardon covers every part II the ofFen>e.
and Congress can not. after the pardon has been
granted. pasS law o. punish for the oftnse
pardonsd. The di>grsccful fact j. presented 10
the world that Congress undertakes 10 inter
flre hy denying The power of pardon a. con-
ierred ly the Constitution exclusively en- tne
President. without limit. Congress can not
~av 10 the petitioner. You shall De tried t,,r
treason. after having been pardoncd. II II
falls true Of one clas> Of crimes, il was true Of
all others. Mr.. johnson quoted from various
Judicial opinions % for;ify the points Of the ar
gumeni by him presented
The Court holds tue ua;ter under advise
ment, and ha> adjourned unit Tuesday next.
Ienian..