New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-12-16

not know the court sGud prescribe . oh r niles
power OF Congress over the qualification was
known to him when, he entered upon IT:
The decision had been made and again that
Congress could prescribe the qualifications Offices
held at the will Of the power comforting them. ard
the duties may from time to time be changed. There
is nothing like spenalty In the law; 1t Ia qnalihce-
ton. As to whether qualification is penalty depends
on the standpoint State may say person under
twenty years tha not vote, or that he shall mo-,
this court may say that man practicing az
that he has practiced for three years in
the highest court OF his State He would deprecate any
he would desire Congress TO pass such laws would
keep out Of high places those who have not been faith
full to their country in the past The time is coming.
but we cannot say so yet with Mr.. Carpenter. that
peace regus The President has not yet declared.
Thdse who held Office under the Government, but who
went into Rebellion, did not so behave as to entite
themselves 10 reoccupancy Was there anything in the
spirit OF the Constitution framed that pardon
arrests the arm Justice pardon prevents the irc-
ton but is not key 10 enable the party TO
unlock the Offices Of Government The pardon was an
iron.csd to speak fo' the purpose Of defense The
gentleman remarked that, while the pardon says the
recipient shall lot be punished the law OF Congress
says he SHALL but the President does not say the
titoner shall practice In this Court The President
only gives him the right Of every other citizen. II Is
the parys fault If he cannot take the oath. 1t Is
simply to give assurance TO tho Court that they will not
There in the OATH statement Of feet that the party
has not been in Rebellion against the United
States. II So he cannot appear IN this and other legal
tribunals is he repeated. fact, and not test IL
has been decided by Authorities which he quoted that
while pardon Is protection against all assaults for
the thing done, il never be the foundation for
claim. II Mr.. Garands Office was forfeited when he
became public enemy. Is lie not coming before the
Court with the Presidents pardon and making Il the
foundation Of q caimi That cannot be done IL Is a
simple protection; not weapon Of defense, not key
-. k,sA In Cd
admitted that to call man. who has received par
don. TRAITOR" or "felon" is sctionsbe; but sup
pose 1t is said. "you re traitor or felou, this u
not actionable. pardon does not wipe out fault II
still remains. May not Congress say such facts are
qualifications Is not competent for Congress 10
say murderer shall not stand here Is not this EN-
Can it be said that has fair char.
acter who comes here after he has at
tempted to destroy the Government Does not that
disQusfy him in this Court Ia 1t not competent fol
Congress TO say that the pardon shall not qualify man
for practice In this Court and cannot the people OF
State say, through their delegated authority. that
man who has committed homicide shall never vote OF
hold object What more power have the people In con
ventou than Congress has under the Constitution
Conv entions prescribe the qualifications OF osnd
dates for office. Congress has power inst as pensIy
law Is not penalty. lie looked upon 1t az something
which Congress may make IL the duty Of the Court 10
embrace. After further argument Mr.. Speed said he
wanted all the powers Of the Government exercised for
the purpose OF bringing about peace. No Government
had before passed through so many trials as our
within the last four years the slumbering power.
ofthe Constitution when the commenced we're found
adequate for domestic for foreign war MI Garland
did by Of his antsgonisc position whom be en-
gagged in rebellion. become public enemy. and thu,
vacated the office which he held. The pardon did not
restore him. give the petitioner right be did no,
otherwise possess He repeated the oath prescribed by
Congress qualification, and not penalty. and II
was just both In letter and spirit.
The Hon. Reverdy johnson viii on next Friday con