New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-15

TIE 18th of March next to be admitted to the bar oi any
Circuit Court District Court Of the United states or
the Court of Claims attorney or counselor or be
any special powers Of attorney unless he first takes and
subscrlbes the oath prescribed IN the act 10 prescribe
oath II office approved July g. 1892 which said DATA
SO taken and prescribed shall be preserved on The me- OF
such Cont and thai any person who shall falsely take
sid oath ala be guilty Of perjury, and on conviction
shan pc liable to The pains ana penalties OF pgJMy,
ana the additional pains ana penalties prescribed in
admitted an attorney Of this Court, ana subscribed
tho oath required. by The rule the attorney, ~
Tractised the highest court Of the State in which he
ives, and his public and private character must be
be flir. In 1861 the state of Arkansas, Of
while Mr. Garland a citizen attached itself to the
fagG SofGe s &c. Ste5 Ihe pttionfr gowtI ys
ia the Lower House, and IN the Senate Of the Con
forces In July, 1865 he received full pardon OF
al offences committed by him. lie now produces
ticc as an attorney without taking the oath,
which he is unable 70 tax, by reason OF me otlcc ne
once held in the Confederate GovGrnlt ne s9yS the
act OF July. 1865 !, unconstitutional ana VOID but il legal
That be is relieved by The pardon % Ile Ilgqeht no
Court proceeded 10 eXalrne me character 81 The oath IN
question, saying rs II cannot he taken by al att0res 1t
operates as perpetual declaration OF eXesoh rom one
oil me W"IcsS9hs %u lN3Cuohs u ht anu tncitoIc
must De gardcG punishment In this exclusion Is
80 80, iio - tic ti+,' 10 cff,pcc W.. ,'rnntfed
and is thus brought into the character Cf an ca post factO
law as in the Missouri case Just decided
Tie office Of attorney counsel is not Ike office
created 10y Congress and which mly be burdencd by CON
they officers ~ the Court and adm ted such
by Tie Court the ground Of their legal learning and
sufficient iudoIs From the time of entering
practice they become Officers of the Court and hold Of
Trvci Of it eoniy ly the Cont Their admis-
sion and exclusion Is not mere ministerial power
The Court is not the registrar Of the edct OF any other
power. counselor, however does hold Ia, office
a natter Of grace ana favor To appear for sutor~ is
soue hing than reyokahlc by Court or Legisa
tune. He OIy Ice deprived 81 his office for isCOu
!uct on professional icinuucncv The question is.
whether Congress fix G1a dOIs as means of pun
shmct7 Il cannot be indicted alone hy state, and tile
reason by which that conclusion s reached applies SINH
These views are further strengthened nv the pardon Of
the President The Constitution provides thai he shall
have power Ia grant repcycs and parcons fcr oenses
against the the United States. except IN ease Of mpc"ch-
ment This extends 10 cyry ohel oiiense known 10 ne
laws. This power Of the President Is not subject to the
negative control OF Congress which cannot mint Us
fect The benign rerogau'e o mercy canh"t he "Ntftu
by legislative restriction pardon REACHES both the
punishment prescribed and the offender tbots out the
consequences "l the uchSc ana IN NE eye OF lr law
the offender stands as gutess a. ~ he A1d moi
ed before cCnlicuun, IL does away WIN tIial'
If granted after Cpnvcti0n The subject of IL IS made
f1 pardon aud iatcct 10 certain Conditions which have
been compiled With. The effect q The pardon is TO rc
his offence during the Rebellion lie Is placed beyond
the reach of punishment. To exclude him from
IT follows from these views that the prayer of The pc
tloG must p; sa1cG Inc l'2,t % a. mi, tr ,
t I, 8ttSneI, and CoIn. lloI. must be retclri
and it ordered The majority OF the Court are As,
sociat's. Wayne, Nelson G,ner. clifford ara
dissenting opinion II hoped the effect e.! tie cir
Cun.anf,s undor which the law was passed would soon
in order that the statute might be repealed or mod
ngS between all sections whore the rrason tor the Law
the exclusion from offices of public trust those
gagged destroy the Government by force This could
never fali to he one oi profound interest IL 3WdNs dt
say Congress eXeciSc power not condtd TO A. la
tLs action members Of COngOeSs much bound by
oath 10 support the constitution as me JUDGES OF me
Court. The Constitution makes ample provision Tor
justice 10 administer the laws and protect the
rights OF The citizens Article three section of the
Constitution says the power Of the United states shall DE
Power is vested The Constitution 10 fix the number Of
the Judges Of the supreme Court fix their salaries pro-
ecutiug attorneys, commissioners, jurors and bans BY
the ac Of commonly called lie Judiciary act, 1t IS
/ enacted that parties NAV appear and manage their
causes personally or according 10 Inc rules believed
there Is TO civilized society H the world where there are
not at tousys practitioners az law The enactment
which has just been cited recognizes the utlity Of ibis
class of men, They essential TO the working Of The
Courts as are IudIshas sheTins other officers. A.
there 10 instance Of c0urt without bar the practice
Is privilege such conditions the laW-Dakrg power
ma! prescribe. II Is privilege, aud not an eAcus'e
vrry State in the Union and every civilized govern
Oh earth, have law, by which e night 20 practice
depends upon prof >,ion'l ,! ana good moral clar9c
TEL The c0hnHiu,e ot NE Hglt II made 10y Ia" me
continuance Of thcse qualities. Attorneys aIr often dc
priyed of the privilege, when j. discovered they are Of
bad moral character ms is zone %! IaN,>i"uoIyG or
common. which II equally me oppression 81 pablo VIZ
Congress has the power 10 prescribe tie qualifications
Of attorneys and prescribe Ire oath The act ju-t de-
caIed Unconstitutional is nothing more tan law that
attorneys shall take the oath other Officers IN
Nils lSob nj tcr past and future conduct and al has
reference 20 their overthrow OF the Government They
required to that they not guilty OF treason
meut In the future That true aud loyal at achnelt 10
the Government Is made qualification II attorneys
seems 70 be plain. History shows members Of tie
Enc, are lie moudcrs of hubble sentiment and iney
aid ia the Construction and enforcement Of tho lew and
from among Judges selected. 70 suffer IcaOn
able unchecked, is 10 let the stream be Pos
rendered faithful a' glance 10 fine Government, We
should have been spared the horrors Of Rebellion. II tins
qualification is 30 essential 10 lawyer II cannot Ice de-
Med tAat the law was intended 10 secure that position.
The majority of the CouII, however 40 hoo btse thelr
decision on mere absecc 81 authority u enact laws on
the subject under c0nadrdiioA, put insist that Inc Goa
situuon piOh0us me eSci mont OF such Jaws hSth 10y
Congr - and tic state that he present law Is m nc
the Missouri Constitution are IN conflict win the Consii-
tuition for The same reason, and are therefore void:
First In regard "a bills OF atainder. We must TO
bills OF attuhdtr pissed by inc Biliish Iaf.hcnt 70
enable rs 10 arrive az conclusion AZ Ia what was In
attainder defined 10 De The corruption The blood Of
the criminal capally condemned which takes place by
lost all power TO receive give by Inheritance This
attant or corruption of blood continued to be the
and may be the law condemnation Of treason this day
Bills or acts Of attander declared persons aated or
ID Of the Constitution declares that Congress shall have
der of treason shall work corruption Of blood or forfeit
ure except during the life OF the person attanted He
then explained at some length his views this section,
showing that OF our Constitution struck bold
ly despoc maehinery by Prohlbtng ne passage Of
which the Constitution provided 1t remained to by seen
whether the ldW OF Congress ana the NlsSoul CONSTITUTION
were brought within this class Of bills. il Is not claimed
that the Act works corruption If blood Therefore, 10 ~
not bill Of attander did he that y contains con
vctions OF any designated per ~ Is true that Act1
were passed in Great Britain against persons whose names
were unknown but the laws leave nothing but the names
or the persons 10 be made out and 20 prove their assoca
ton with the crime committed " not 10, ~ would be
mere brutal funen, and punishment could be visited
only proof u the guilt No person pointed out By
tic act of Congress either by description. II r.
said that the Law made 70 apply 10 those engaged IN
the rebellion but this Is mistake II is applicable 70 u
The act does not declare ,cOnfscaOn, does IL pro-
nOunce sentence or iufiCt any punishment IL leaves