New-York daily tribune., 1865-12-23
yFFECT OF A PREslDENTlAE
PARDON.
nrrumcnt Before the Supreme Court Yes
terday, In the Case OF "A. ~. Garland
OF fArknnsns-speecb of thc Hon. Rev
erdy johnson.


WASHINGTON, Friday. Dec. % 1865.
The case Of A. II. Garland of Arkansas
came up before the United States Supreme Court today.
and tie Hon Reyerdy Johnson delivered an argument,
Of which the following is an abstracts
There being no antceedent government to our Owl,
is necessary to look into the Constitution itself to
what powers we're originally conferred upon Congress
These being stated Congress is authorized TO pass oil
necessary and proper laws to carry them into effect
These powers are TO be SO construed aG to effect The
object thew ore designed 10 accomplish II is the duty
of the Conrt 10 ascertain what this Is and then deter
niue whether the legislation will defeat secure the
end. restriction to the c So Of powers is that Con
esS shall pass post acto law or bill Of atander
The meaning Of this Is well understood TO be that
sny law which makes an act crime WAiGh
vas not crime when the act was committed,
+ nall and void But The law Of lcbo Goes
punish in point Of fact because 1t precuGes the pet
foner from the exercise of lawful occupation. ana
strikes at profession in which his hopes ard am
b..iOn and sGppoit Of nluSef and fanny are III
VOWED. Tie punishment is severe, cruel ana uneN'
aHPed 1t subjects him to all the obl4al'oiS or
OF the Constitution while il takes from him ai us nj
vsrtages. Tie original act OF ls62 was noi maze ap
pcable 70 attorneys in The courts OF the tncu Saes
Three years were suffered 10 e1pse. when some oue IN
Congress who may have been peculiarly sensitive ana
who danger in every man VINO han taken part Ia
the Rebellion introduced bI apply Ing tie PROVISIONS
Of the law 20 praCtciug attorneys The OIL was sub
mted TO the Judiciary Committee Of the Senate, and
bv unanimous vote was rejected IL afterwards,
however received the sanction of the Senate. 1t was
passed for the purpose OF excluding the petitioner ana
s Others similarly situated, 10 punish by excluding
them from tho United States Courts II not ior
conduct subsequent but antecedent to tle passage OF
'c statute. This act comes within the clear meaning
o the clause IN the Constitution that Congress shan
PISS post factO law or WI Oiattaindcr No rights
cen be taken away by Jaw uhess the accused shall be
hst convicted OF the oehSe charged, and tleSe lghtS
ilc,ude the holding of otce Of enoument ana trust.
Snch laws that iOf lc65 were penal statues The
ArorI ey.General lad argued last IIida. tbat the
,f-afsa fa ba q ~ Vnr n
right. but Is created by law, and therefore may be
regulated by law. and either given taken away. Bat
Il not true that Congress con by law prohilit the
appearance OF counseors IN the c0aris of the United
States The Constitution provides that parties charged
With crime shall have the benefit Of counsel and there
fo!c Congress has no jurisdiction over that sEject IL
Is trnc that every court isyested by the common law
with power 10 make regulations 10 exclude improper
ofcer but Congress has no risb, 10 say wLo SHALL Of
ho shall not appear counsel. The obligation which
ismposed on Congress 10 create courts carries win
az obligation the part o. the coHrs, TO admit coGn-
ss Ile safety OF the citizen depends on the existence
q the provision for the admission OF counsel. The
reservation of liberty demands Illustrated by the
history o1 the world, that there should be such
"A body Of men. In all revolutionary struggles
and des.otisms which have dlserdced the world,
tie accused have been Ce'ied counsel Congress Voua
convert itself into a tyranny, IT. while establishing
courts il wOuld exclude such class Of men, The act
sf Congress. under review. con De man 70 swear
against himself while power ls given TO .he court 10
iquire into the facts. No by the Constitution Is
compelled 10 testify against himSeh Tie petitioner,
=.
separate independence Of the authority oi the United
States, and resisted It by levylng war. The punish.
re Tor treason anterior 10 the pass axe of the act a.
lS death imprisonment; but this act imposes
o. additional penalty that persons thus accused sbai
not he admitted as attorneys in the United states !
EJIit Congress IN lc6} passed law saying whenever
tie President deemed proper be might declare general
sMaesty while tie Constitution cUnlers upon Nun the
exclusive power If granting pGrCOus and repreves The
gordon places the recipient % IN the position be stood
before the cOmraiss.o Of The crime makes him new
ard diyests him Of all anlecedent consequences.
sppOse tls la OF is6j had been made part o the act
Tor be punishment Cf treason, and the man committing
Ae crime bad been paIdoned wOad 1t not also have eN
enpiea bin from the pauisa uent for The oense, and
prevented him from heing cuded from prncCcng as
70 attorney in the Uuiied states Courts; Tie pardon
cTfeis every IaIt OF tie OIse and Congress cannot
ater the pardon has been granted pass law TO punish
ir the offence parGoaed. The dissroeeial fact Is
presented 70 the world that Congress undertakes
70 interfere by denying tie power q PARDON as con
By fhc Constitution exclusively on the President
without limit Congress catnCt say to the retlUone9
you shall be tried for Treason, alter having been
p-rdoEed Il lis tue cf one class OF ccs II Ws
true Of all Others.
Mr. johnson quoted from various Judicial opinion to
sortify the points of argument oy him presented.
The Court holds lie matter under sdysement, and
s,ss adiouracd until Tuesday LCx,.