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


ments and could bevisised only on persons
who have been fogpd guilty Of offences IN
/ process gf Law. When pardon s krahtsd
the recipient eghh5t bS deprived Of the
i operation Of his rights, beezd6s Il is ii ef-
feet forbidden by the Constitution Of the
| United States. Chief Justice Marshall
says We must regard the act Of pardon as it
is understood in England If Congress In
| opposition to the power of pardon should
be permitted TO prescribe oaths for those
who receive Executive clemency, where is
the limit7 They mighb ifthey ever should
nave corrupt body, require sn oath asP y
qualification for office that the recipient had
never Voted for or against particular eandi-
dates and thus perpetuate .their power. The
right Of the petitioner to exercise his Office
Is species Of property which should
De considered aS similar tc any other right
No man can, under the Constitution, Be de-
prived Of his rights until he Is heard accord
ing TO the FORMS Of Law. Authorities sustain
the PStitiOuer in the darnand that he has &
right in this Court Of which he can be d.
vested only by due Ilsneaas of favss -
g Attorney General Bbeed said he
rejoiced as much as Mr. Carpenter that
peace has again returned. As he under
stood the Argument that gentieman had
maintained that while Ii rebellion against
the Unitod States he still held an oaice of
this Court with as much right to it a. 10
locomotive and property Of this class
Hstook the issue that there never was
time when Congress did not prescribe quail
ifcations for Office. The petitioner arrayei 1
himself with those who notonly endeaF0red
to destroy this eonrt but the governments itself
and thereby ceased TO be an officer. Could
not the power that made the Office destroy.
II the Position of the gentleman was cdr,
rect, Judge Margate, who never resigned hfs
place as Judge Of the District Goart ofeouth
Carolina, but who tool, part in the rObsllien,
will be restored TO his position when he is
psrdOned, but the pardon would not restore
him, ss5 r5iszs5s.--. d rgasoasii vasnihzar
Take also the case Of Postmasters, and off.
GERS Of the army and navy who participated
in the rebellion. II certainly would not
be contended thst pardon would restore
them to their Offices. The proposition is
That by treason Mr.. Garland did not forfeit
his once, and il Is insisted that he Is an
attorney in this court and holds Office now.
There are public and priTats oeicsrs, as
there are public and private corporations,
there are Offices established by the Consti-
tuition, and also BY law. An attorney is not
admitted to the bar for the purpose Of Civ
ing him Office. Congress has said that the |
courtm establish rules, ,snd in t799 qualia.
cation for place was founded as it stands |
now. Other qualifications may be required, |
snch as an examination BY a Board Of aP-
plication for membership. i
Mr.. Speed then eontroverted other pro- |
positions Of Mr.. Carpenter: The place held |
by an attorney was an Office but bJ what 1
tenure when he accepted Office he did not |
know THE Court could prescribe such
rules as wohld deprive himof Office. The /
power of Congress dfer qualifications was
known to him when he entered upon bis /
Office. The decision had been made, Ssef
sud over again, that Congress could
prescribe the qualifications Of officers
There is nothing Ii sPenElty in the Law.
Whether qualification IS penalty depends
On the stand point. A State may say that
. person under twenty-one years shall not
vote, or that he shall rot vote tnless he
possess property. The qualification Of this
Court may say that men who practices 8
its bar must bear fair character and tha
be has practiced fof three years in the
highest Court Of his Ststs. He would de-
preciate any act which would prevent dis
union, but at the same time would desire
Congress to pass such laws as would keep
put Of high places those who have not been
faithful to the country in the past. Was
there anything IN tie spirit Of the Constitt-
tia-, framed that pardon Rrresta the arm
of justice. Pardon may prevent the !
lullCliou VI DuuloEhAouty D4Nt II u
not the key to enable the party TO
unlock offices OF the Government. The
gentleman remarked that Wills pardons say
the recipient shall not be puniphsd, the lsV
Of Congress says he shall. The President
only gives him the right Of every other cit
izen. It Is the party's own fault If he San.
not take the oath. Il has been decided By
which he quoted thss while q
pardon is protection agaifist al assaults
lor things already done, IL can
never be found ground for claims.
If Mr. Garland,s Office was forfeited when
be became public enemy is he not coming
before the court with the Presidents pardon
and making it the foundation Of his claim
That cannot be done. It is simple prOtec
lion, not weapon Of defense; not the key
by which the ofice can be opened.
Mr.. Speed admitted that to call . man
who has received pardon traitor or feion |
is aeiionable. But supp0se It is said yot;
we're a traitor or felon, this is not actionskle.
Pardon does not wipe out the fault Il still |
remains. May not Congress say that such
facts are disqualification And Is IL not
competent for Congress 10 say that mur-
ierer shall not stand herei Is not this
IN embraced word of rule and Of fair char |
acterg Can It be said that man has fair
character who comes here after he has at
empted to destroy the Government Does
not that disqualify him in this Court Is
{ not competent for Congress to say that
pardon shall not qualify q man for practice
n this Court7 Cannot the people Of 8
State say through their delegated authority
hat a man who has committed homicide
hall never vote or hold Officer What L,
more power have the people in convention
han Congress has under the Constitutions.
can present qualifications Of
he candidates for ofReei Congress has
)ower Just as plenary.
Mr.. speed maintained then that the quail
fcation in law is not the penalty. He
ooked upon it as something which Congress
nay make it the duty Of the court 10 en-
race. After further argument sMr. Speed /
aid he wanted all the powers Of the gov
rnment exercised for the purpose Of bring
ng about peace. No government had ever
,eiors passed through so many trials 'As
ur own within the last four years. The
powers of the constitution, when
he war commenced, were found as sadequate
or domestic as for foreign war. @ - ia
Mr. Garland did by reason Of his antag-
nism, become a public enemy, and thus va
ated the Office which he held. Pardon did
iot restore him, nor give the petitioner
lights he did not otherwise possess The I
ath prescribed by Congress was qualifca-
ion, not penalty, and It was competent
Dr. Congress TO prescribe il. The oath was
lst both in lecter and spirit. L. mas.
Hon. Beverly johnson will, on next Fri
az, continue the a-gUnaont II. Euppnrt ef
be application of the petitioners. IA l
The remarks Of Messra Carpenter and
peed were listened 10 with marked attsn- !
on. PCS --e @
The above is q mere outline Of the promi- |
lent views presented by these gentlemen.
0FEIcTAI NoTIcR
It was heretofore announced that the ! !
department. of State had received notice Of
le ratification Of the Constitutional amend 4
tent abolishing slavery by Indiana, but to- {
ay Speaker Colfax filed, in the Depart ,
tent, official notice of it's ratification by
hat State, attested by aeting Governor
aker and the Secretary Of State, and the
rustses Of Indiana. II
DECISION.
BALfIxoRK, December 14.-Chief Justice
over has made decision sustaining the d
Of the registration law ]
hich excludes from voting all those who
Ennot take theztest oath presented in the /
ew Constitution. 5ss ls5I o. .--ssE IN