Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1865-09-26
LOCAL N L " s.


II, 8. DISTRICT CoURr. Judge Ondsf~o0u
4ntesiialiag an argument was heard z'p7oas
from Francis L. Smith, upon application to DC
admitted to the practice Of Law in this court
An act Of Congress, requires in such cases. an 4.
oath to, be taken that the applicant naS 'os
aided &c, = the enemies of the =. 5:
Mr. Smith, being unable to take this OATH
.,hm;tf a 1tbe form Of another, to the effect
that he had not SINCE has para'o9n' rendered
sucb aid As was specified, and that he would
MT hereafter dose, and proceeded to show and
sto!argue, as follows: Hulk. :. u. .1z Z
s,s1 ! = That be has full pardon, from the
President tor his past acts. That the power
&c ,he President to grant such pardon is un-
oan;vncal and unlimited, except in cases OF In
~ - cbment- that 1t operates as restoration
fo Ill rights of person and property-and that
Gongress could not override it or abrogate ITS
nnylIeges, it being a Prerogative OF the Presl-
dent. conferred by the Constitution, and inca
nable of other limitation. He quoted from
Racon, Bishop, Hargrave and other author-
ties. showing that 1T is now settled that q,
nardon removes all legal disabilities, and ab-.
Selves from all, whether direct or collateral
! and that we cannot make a particular excep-
tion of this ..sdisability." He showed that
men were restored by a pardon to rights as
Jurors, witnesses, guardians, members OF Far
lament, &C., e.. il IL
Cd MIR. Smith argued that the Act WAS un-
constitutional, being ex post tacto lnlts nature.
II. quoted the definition Of penalty, ''the
suffering imposed by law for an offence, to
show that it was Penal Statute, He argued
that test oaths were not constitutional, and
that the Courts had right to modify oaths
and accommodate them to the Constitution
and the Law, and quoted case in. 6 Mass, in
which it had been so decided and practiced.
He maintained that, to deprive him OF the
power of practising his profession was not q
legal or constitutional act, and closed with a
compliment to the urbanlty OF the judge. and
District Attorney, and the President, whose
aconcliatory policy is fast restoring the hanpl-
ness and prosperity of the country.
Judge Underwood expressed awll!lngness to
hear further argument, which was not offered
Hewil probly give an. opinion Tomorrow,
The COnhscatlon cases were proceeded Wltn'
and each case dismissed in turn, some on the
payment of costs, others without any costs.
Under the head Of Southern Trade the
Washington Chronicle, Of yesterday, says.
eve stated, few days since, that by the con
necrion of our Washington Branch Railroad
with the Orange and Alexandra Railroad, Oh
rect, safe, and speedy transitwss completed on
the entire route from Lynchburg, Va, via this
city to Baltimore. The utility of che arrange.
mentis now manifest By the transportation OF
every description of goodsfrom Baltimore and
.other parts Of Maryland through to that part
of Virginia It is source OF qualification to
our citizens to note, the active and daily IN
creasiog business of our Washington mer-
chants, produced ia good part by the various
orders from Southern houses. Though the
whole, ale business of WASHINGTON, compared;
with that of Baltimore, is small, yet falr ana
liberal share Of the trade is accorded to our
merchants, and orders are met with character
isticintegrty and promptitude, We teel con-
ident that ere long the wholesale trade OF our
city will be greatly extended 1t should De
50, for this is the great central point OF the
Union"
E MORE RoBBER1Es.-M Mrs Elliot's house. at
Yeates's Garden, has been robbed of ST ESQ in
greenbacks, bank notes, &c. Depredations Ia
the Southern end of the city, on the suburbs,
on wood giles, gardens, fences, &C., have com
mcnced with great yigor, preparatory TO the,
winter cam paign.
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