The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-15

L Ic0nuOAi OF Oohgresst which cannot limit It's
The benign prerogative Of mercy cannot bB
axsrled by legislative restrictions. A pardon
the offender IL blots out the conseq uenoes of
the ofIense, and In the eye OF the law the Of
fender stands as guiltless as N he had not com
mitted the otfense. II a pardon is granted
before CONVICTION, II does away with a trial. IN
granted after conviction, the subject OF IL is
made a man. The pardon produced nv the
petitioner IS a full pardon, and subject 10 cer-
with lave Deeh cohpileu
The effect OF the pardon is to relieve him OF All
fss.,ll otssaDlnY anu rom the consequences Of his
yond the reach OF punishment 10 exclude
him from n his profession, is not embraced in the
pardon. II follows from these views that the
prayer OF the petitioner must be granted.
=, The prayer of II: II. Marr is also granted, and
advisedly January 4th, 1865, which re0rires the
oath to be taken by attorneys and connseIlors,
The majority Of the Court are assooiates-
Wayne, Nelson, Grier, Clifford and Field.
Dissenting Opinion.
Associate Justice Miller delivered the dis
senting opinion. 10 was hoped the effect of the
circumstances under which the law was passed
would soon cease In order that the statute
might be repealed or modified, All good men
looked for the return of better feelings between
all sections, when the reason for the law would
not exist, but the question now presented in
volved the exclusion from Offices of public
trust those who engaged to destroy the Govern
ment by force This could never cease to be
1t is always delicate to say Congress exercised
power not conhded TO it,. In the act of Congress
members are as much bound by oath to sup
port the Constitution as are the Judges of the
Court. The Constitution makes ample provi-
sion for courts of justice to administer the laws
and protect the rights OF the citizens
Article third, section first, says the judicial
power OF the United states shall be vested in
one Supreme Court &c Power is vested in the
Constitution to fix their salaries, provide for all
necessary officers, such as marshals and prose-
cutting attorneys, commissioners, jurors and
bailiffs. By the act of 1889, commonly called
the judiciary act, 1t is enacted that parties may
appear and manage their cases personally or
according to the rules.
1t is believed that there is no civilized society
IN the world where there are not attorneys or
practitioners at law. The enactmentwhich has
just been cited recognizes the utility of this
class OF men. They are as essential to the work
ing of the Court as are marBhas, sheriffs, and
other officers. AS there is no instance of a court
without bar, the practice is q privilege on
such conditions as the Iaw-making power may
prescribe. 1t is privilege, and not an exclu.
Every State in the Union and every civilized
Government on earth have laws by which the
right to practice depends on professional skill
and good moral character. The continuance of
the right is made by law the continuance of
these qualities. Attorneys are often deprived
Of the privilege when IL is discovered they are
Of bad moral character. This is done by law,
statutory or common; which is equally the ex-
preston of public will. Attorneys are subject
TO legislatures the same as judges. Congress
has the power to prescribe the qualifications of
attorneys and TO prescribe the oath.
The act just declared unconstitutional is no
thing more than a law that attorneys shall
take the same oath as other officers in civil or
military life This looks at their past and future
conduct, and all has reference TO the overthrow
that they are not guilty of treason in the past,
and will give their allegiance to the Govern
ment in the future
That true and loyal attachment to the Gov
ernment is made the qualification of attorneys,
seems to be plain. History shows that mem
bers OF the legal profession are powerful in q
government, as they are the moulders of public
sentiment and the power Of the government,
Of law, as from among them the judges are
selected
To suffer reasonable sentiment unchecked is
10 let the stream be poisoned at the source II
all attorneys lin the past had rendered faithful
alleglance to the Government, we sho uld have
this qualification is so essential to lawyer, il
cannot be denied that the law was intended to
The majority of the Court, however. do not
base their decision on mere absence of autho.
deration, but insist that the Constitution pro
htbits the enactment of such law both by
Congress and the States; that the present is in
provisions of the Missouri Constitution are in
conflict with The Constitution for the same rea-
son, and are therefore void.
First in regard to bills of attander, we must
recur TO bills OF attainder passed by the British
Parliament to enable us to arrive at a conclu-
sion as to what was intended to be prohibited
by the Constitution The word attainder is de-
nned to be the corruption of the blood of the
criminal capitolly condemned, which takes place
by the common law on sentence of death
The party attainted lost all power to receive
n
tion OF blood, continued to be the law of England
at the time our Constitution was framed and
may be the law in condem nation of treason
at this day. Bills or acts of attainder declared
persons attainted, or their blood attalnted so
corrupted as to lose heritable qualities.
Z section two OF the Constitution declares the
punishment of treason, but no attainder of
treason shall work corruption of blood or for
ielture except during the life OF the person at
He then explained, at some length, his views
on this section, showing that the trainers of our
constitution struck boldly at despotic ma. |
6nio Dy proniolting the passage of post
uons which the Constitution provides,
orosd ned TO be seen whether the law OF Con.
sress and the Missouri Constitution were |
brought within this class OF bills, 10 is not |
claimed that the act works corruption OF blood |
ana t9 therefore 1t Is not bill of attainder, nor
e see tnat ~ contained conviction of any
IL is true that acts were passed in Great Britain
bs,S tIa peIsonS whose names were unknown,
put tne laws leave nothing but the names OF the
persons TO De made out, and to prove their asso-
clauon WIN crime committed. II not so, it
ment could be visited only by proof of the pnilt.
NO person was pointed out by the act of Com
gress, either by name or description. II is said
gagged In the Rebellion, but this is a mistake.
II Is applicable to all. The act does not decIare
infiet sny NOR G0eS ~ pronounce sentence or
. 4, ~ leaves the party himself to determine the
oT,' o1r oi gulIt OF announce and pronounce their
name or guilt, and pronounces no Sentence and |
lnhlots no punishment; therefore IL can in no
beinS 90 oS caied M @ hlil OF attainder AS to its
WI Wln agree that 1t applies to Criminal causes
alone, and not to civil proceedings which affect
private rights respectively,
. eases were cited in support of the arppment. |
hnu inI the argument was continued to show inc
lay imposed mere oath of office There was
Jlopal punishment for any other act ~ W
,ras &c ~ ra.s that the purpose of Congress