Cleveland daily leader. [volume] ([Cleveland, Ohio]) 1865-1873, 1865-12-16

New York. December 15.-=AIt is reported
that large number Ofseeret agents Of the
Feniau brotherhood, who were sent by the
organizationsit this country TO drill and in.
struct the Irish people, returned In the
steamer yesterday. They report disappoint-
ment at the partial failure Of the movement
in ireland, but they are confident of ulti-
mate success, They say that great alarm
prevails among the authorities in ireland,
and at the time Of their departure Dublin
presented the appearance Of vast camp
During the trial Of prisoners charged with
treason the principal squares Of the city
were filed with horse, foot and artillery.
Patrols of moERted police charged up and
dewn the crowded streets and frequently
came in collision with the people q. o.
Rumors of a Fenian raid recently pre-
vailed in NetF Brunswick and the people
were greatly excited. The alarm has now
subsidized .-- ~. -.....-
b FROM JAMAICA.
Advices from Kingston, jamaica, say tn,
negro revolt is efectually suppressed
though arrests for using seditiOus language
still continue. In view of past events the
Constitution Of the Island will be amended
py aISEhtus UlI0 Ieg gI5IaIure lie ottlce and
transferring the power of appointment from
the people to the Crown.
n Jill VIII DC introduced 10 regulate LHe
religious bodies of the Island, to whose in
fuence the outbreak is attributed. ..- -.
FROM BUENos ATREs.
A letter from Buenos Ayres SAYS: While
the Paraguayan force is diminishing, hav-
ing through the casualty of war and by
disease lost about $4,000 men, the allies are
stronger now than at first. The latter have
in the field about $4,000 men, in better
spirits, and better equipped than at any
former time. The allies put all prisoners
into their own ranks as soldiers and shoot
them if they attempt to desert The Para
guayans make farm laborers Of most of their
prisoners and set them at work in the field.
7r HAYTIEN NEWS.
News from Hayti gives these events. After
the British gunboat Bull Dog wasdestroyed
the gunboats Lily and Galatia Immediately
proceeded to Cape Haytien, and, after pro-
posing certain terms not complied with, pro-
ceeded to shell the forts, which were in
short time blown to pieces, and the place
reduced to submission. Salnoor and his
friends made their escape by taking refuge
on board the American man ofwa DeSoto.
President Geffrard soon after took possession
of Cape Haytien.
UNTRUE. ar 80
/. A correspondent writing from Georgia
says he has made many inquiries, and finds
that the statement that negrOs expect q
division Of lands on Christmas is untrue.
ci3 TRADE AT THE soUTn.
A letter from Richmond snys Northern
merchants are sending more goods south
than are needed; that the people are unable
TO purchase, and unless shipments are
stopped merchants will lose heavily.
ARGUMENTS BEFORE THE SUPREME COURT.
WASHINGTON, December l5.-The Supreme
Court room was crowded to-day with law
yers to hear the argumentin favor of restor-
ing Garland of Arkansas, and Marr, of
Louisiana, to the privilege of practisinS
before the court without taking the test
oath. J
Argument was made by Mr.. Carpenter, of
Wisconsin. He said that Garland took part
in the rebellion, but had been pardoned by
the President, and asked to be re admitted
to practice in the court The act Of Congress
requires him to take the oath that he had
not participated in the rebellion. This act
is complete bar to the petitioners rights,
and if it violates the spirit of the Constitu- 4
sion, it is void. The Court has held that any
legislation is void which imposed burdens,
and renders the right secured by the Con-
stitutiOn useless. For example, the mem
Ders of the ceu5t hold Office for life and dur
ing good behavior, and it would not be com
petent for Congress to pass law forbid
ing them to hold Office after certain eges
case OF assault and battery is punished
BY fine and not by civil disqualification.
1t would be unconstitutional for Congress to
pass law requiring membor to swear be
had never committed such an offense. The
petitioner, while guilty of treason, might
have been punished with death, but the
pardon had the effect to fully
restore him to all his rights, civil and poll |
al, and the holding Of office aslsuliy as If
ne had never been guilty of the offence of
engaging in rebellion. That subjected him
o forfeiture, but his pardon restored him TO
Ill his rights, yet the act Of Congress fixes
IN effectual bar to his holding Office, and is
n direct opposition to the pardon. The
is trying to pardon and Congress |
o punish. The President may pardon for |
il offences, and this construction is sustain |
d by federaiist and other authorities, in |
.luding a former justice of the Supreme
1ourt. The language in the Constitution |
living the President power to grant re- |
,rieves and pardOns must be construed ac-
ording to the sense in which the power was |
in England at the time Of the 1
Idoption of that instrument
The Constitution is the same to-day as at /
he period it was ratified. Those who stood /
~ the President in the exercise Of his
doubtful power in the war should see that
ne constitution be not shorn of its power in
,eace. The gentleman referred to the an
lals of England to show what it meant by
iardon, and said it discharges not only pun.
stment but also the guilt of the offence,
nd in the eye of the law person is as in
Iocent as if he never committed the of
ence. In other words it makes him new
nan. Pardon will enable him to prosecute
Or libel any one who may call him traitor
T felon. It regenerates and renews him,
nd to call him a traitor is to violate the
Constitution of England and deny the power
the King to make him new man. This
upreme Court has summarily decided that
be President has exercised this power in
ehalf of the petitioners 50 as 70 make il
impossible to inhict any punishmentof of ,
i'm for the crime Of treason. The n ev- !
ongress does infict punishmssct of law.
ludes from Office. This as tEg effence speci.
ecause having comnittg never has. which | |
ed he cannot sys7 = Es1s.Ss1f -