The sun. [volume] (New York [N.Y.]) 1833-1916, 1865-12-16

wAsaisaIos, Dec rs.
. united sis'os supreme coun Rom VI.
81 t-isy rih ls-yrs Including sons Of
lnsl distinction from various p.rs n he
try, W hes. lhe srgumspi on NE question 90
shu pardon BY the President restores The
cut W all ,hs rights q elulsnsbip, Which he
sd prsvionsy = W The rshslhon
n. Carpenter E,1. N wi~onsn. sd he
sen .pphed W By A. II Gsri.ni, Of Arksn.
N submit motion to the Couri, and W ssh
n consideration. Hs ssld 10 resided In an
ine Northwestern sssts, snd hsd hvored eli
@esnr" To suppress the REBELLION, bu, vas
Sreparei " extend TOE night hand Of fellow.
\ l. MS reconsir Icted brother and 81 our Gag
\ from the Atlantic TO the Pacific, stsr four
~ nj stern civil var, ibis 10 the time w Ar
Il.nd strong the landmarks of Constitutional
IA The peculiar case OF tho petitioner, Mr..
Mo. 90 well n M. Mari, Of Louissns,
out NJ the late rebellion, In which hs
r. part. He has submitted himself to the
TNuments authonty, and for reasons held
sle osident W be entirely sufficient, he
II been granted full pardon. He
dc be re-s1mitted ~ . counsellor a. the bar,
~ met IN this sndeavor by the act Of Congress,
a in 1903 This law requires attorneys 70
An oath mat they have not participated will
u the rebellion, and W render allsg ence and
sSnce 10 the Government. This Court has held
NV LEGISLATION IL void which imposes burdens
.tenders rights secured by the Constitution
fk, The members Of tins Court, for INSTANCE.
tefhoe for life, or during good behavior; and
'rre II would not bo compstsnt Tor Congress
hde ,hst they should not preside beyond .
fV tune. Take the case OF assault and battery
Auished by q dne, but 10 not followed by
u u talt a.
d. assault and battery and 10 fined, and sup
n Congress had passed . law requiring
swear that he had never commi,lsd the
would not that be unconstitutional wha,
result Of the law, OF which cor plaint is
First, considering the petitioner a.
N.d vita death but tho President
kIny parioned him, and the effect oi
No rts.ore him TO his ngh.a, civil and politi.
the holding Of otice ~ fully a. II he had
ronmitted the offence Engaging In h,
I'm subiecgsd him 10 forfeiture, bat the par
Sstored h'm to his rights, yet the set Of Con
I, ,xss perpetual bar W his holding Of ONCE
Giu 4 rect opposition to the pardon. III,
"a, said by his pardon, you shall not b,
.sod from practieing In 10 Supreme Court
Athe act Of Congress he Is disqualihsd Tn,
,is irving 70 pardon and the Congress /,
the former Is wiped out by the lauoi. III,
A may pardon tor al offences, and thi
Hthorities including former justices Of tn
IN, Cours. The language IN tho Constitution
Me- President the power To grant reprisye
~ .ous must 10 construed according to III
nrhs power WAS uuderstood In England q
uuea option Of that Instrument. Tie Con
W. Is the same today As 1t was ~ IL
~. was ratified. Those who stood by III
tIt in tie exercise OF doubtful power Il
rJuld see that the Constitution 10 not shor
Hwer Ia peace. Toe kcptlomAn referred i
uls # England 10 snow wnat 10 meant b
and sad 10 discharges not only the pun
but slso tho guilt Of the offence itssl
Ne II she law the person 10 As innocent .
never committed the offence. Ia othe
Amskes him new man. Ihs parton W.
linn 10 prosecute for nbel any ohe who ma
. traitor or = fslon. 1t regenerAtes an
i'm, and 10 call him traitor 10 10 y.olAl
Mutton vl England, and ~ oeny Ihs pow
NJ 10 muke u!m \ new man. Tnis 81
,aFuTt has similarly decided. The ProsiGel
isased tbe mower "a behalf o' ile peutione
ian.ks IL impossible to inhiot any punisi
him Tor she ermo oil resson, blI u
k,C ngTen DOES iltlct punishment
~ Inn from Once. Ihls 10 the etc
~, because hAy ns com mittod tho O
M, iaei, re cannot swear be never hi
'tIu1cly q squal hes ham from hoiuins al
rAs 70 puu.sn snmenI. Aa AnerlCs
.i.io l. Iuks he can oosaIA an Othce .eNe''
sler IhIags WI Oe Bivel unto AiuI. Wut
s.a.e Lhs COuE.ltuSOu resuuIc4 40 80.
b, uar.s q. me country wIere Hi Up-T
NJ een suspe ded. Tue isa.nsd leL,l
IL various au.aon'y 10 sno" mat diaq ~.
S2Hare pupiELuru,s, anu could 10 N.s.t
~ Iersors who nave been gully of oilsno
soc.,s OF i.W. Tie President say. TO &
"lpArIon you, you shall not b. di
On .ccount OF any treason you have col
euut Congress says 10 him, you sh
tre N the courts unless you take an oa
k,yer committed We oiiouce, and II y
Tey you shslI be punished. When
.ran,ed the recipien, cannot be q
s,te restoration Of MS rights because
~, lorbddrn by the Constitution n ,
.te', chlei Jusres hTsnal says