Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-02-02
In OppOsitiOH 10 the Bill 10 Prescribe
an oath for Pubic Officers ana
r Members OF theioBar ana Tor ~.
'J other PuRpOseBS delivered In "
,I,, ~ the FEDERAL House of ~
.u1 Representatives, jan ..fii
.9Hod s}fHS1yHe2, 1877 anD i.it y

Mr.. Speaker, tne scene winch mas
transpirGd in this House during its
late session, occupying nearly twenty
continuous hours, exhibits to the country
and to the members of the House the fact
that it is unWise for the ma ajority to be illib-
eral or domineering to the minority in all
Legislative Assemblies. If the gentleman in
charge OF this bill had been liberal enough
to have allowed to this side of the House
unreasonable time for discussion on yester-
day, the scenes which we have witnessed
during the night and morning, would not
have been enacted in this Hall. This bill
would have been disposed of. We should
have had our usual sleep last night, and
come here fresh this morning to discharge
our duties. ... ......---,.-....
Mr.. Speaker, what is this bill? 1t is q
bill introduced from the committee on the
judiciary, one of series of measures in
tended to invade the Just Jurisdiction of the
Supreme Court of the United States and to
subvert its Just powers. This bill has not
been printed; it was brought Tor the first
time TO the attention of the House on yes
terday. From the moment of its introduc-
ton almost up to this time we have been
employed in giving our attention to the
session of this House, and so much so that
have been prevented by the labors of the
session from making the preparation which
is necessary in order to enable me to pre-
sent my objections against this bill in such
manner as ! would desire. ,....... ..-
This bill in my judgement seeks to avoid
and set aside the decision OF the Supreme
Court OF the United States respecting the
test oath as applied to attorneys and coun-
selors of law in the courts OF the United
States. Itseeks to do that indirectly which
by the decision of the Supreme Court can
not be done directly. 1t seeks to deprive
men who are now in the exercise and en-
iOyment of the right to practice in the
courts of the United States from the eXer-
else of that right. This bill, if it shall be
enacted into law, will be er post tacto in
its operations. ~ .
What are the provisions of this bill? 1t
provides that no person shall be permitted
to act as attorney or counselor in any
court of the United States who has been
guilty of treason, bribery, murder, or 9TH
er felony, or who has been engaged in re-
bellion against the Government of the Uni
ted States, or whobas given aid, comfort,
or encouragement to the enemies of the
United States in armed hostility thereto.
The provisions of this bill relating to
bribery, murder, or other felony" are in
serted Tor the purpose OF covering the real
intent and object OF the bill. Its real pur-
pose is doubtless to prevent men who have
in auy way encouraged the rebellion
against the Government of the United
States, or held office in the civil ormilitary
seryicenot the so-called Confederate States,
or given it aid and comfort in any manner,
from practicing in the courts OF the United
States. ff. .. ,.... ........
Now, in my opinion, you cannot in this
way prevent man who has been admitted
to practice in the courts of the United
States from the exercise and enjoyment of
the rights of his profession in these courts.
Take the case OF er parte Garland, where
the direct question was presented. Mr..
Garland had held some Office in the Con-
fedeTate States and could not therefore take
the test oath. He had before that time been
admitted as an attorney in the Supreme
Court of the United States. After the ter
mination of the rebellion, or perhaps dur
ing its existence, he had been pardoned by
the President OF the United States from any
crime of which he may have been guilty
in aiding the rebellion. He presented him
self before the Supreme Court and asked to
be allowed to practice in that court with
uttaking the oath referred to-. He was
met by this oath provided by the law of
1865, the .'test oath" as it is called, as ap-
piled TO attorneys in United States Courts.
He and his counsel argued that that act was
Unconstitutional that it sought to deprive
him of the exercise of right to which lie
was entitled by reason OF having prior to
that time been admitted to practice in the
courts of the United States; and the court,
on full argument and careful consideration,
held, very properly, think, that that oath
was unconstitutional, that it was e1 post
;,, ;tn ion and fc1 1an ri ityA
a man of the enjoyment of the fruits of his
profession as an attorney in that court.
Mr.. Speaker, this is not an act proposing
to operate only in the future; but it Ope-
rates upon persons who already are practi-
tioners in that court; and it seeks to de-
priYe them of the exercise of a right which
belongs to the profession. The position of
attorney or counselor is, it is true, consider
ed as an officer of the court, but it is not
such q political office as our laws recognize.
Attorneys aud counselors of law are Ofli-
GERS designated by the courts to aid them
in the administration of justice. They are
the agents of the clients whose interests
are brought into these courts, for the pur-
pose of properly presenting them for adju-
dication. -.5ig4 .ja 6lltu aL -H ..t.
The gentleman from Massachusetts (Mr.
Boutwell), in adverting to the Supreme
Court of the United States, said that if
there were five judges in the highest tri-
bunal of the land who had not sufficient
self-respect to enact rules and enforce reg
ulations that would protect themselves
from the foul contamination OF ,conspira-,
tors and traitors, it was the duty of the Leg
islative branch Of the Government to do 1t
for them. Now, with all Difference to the
gentleman from Massachusetts,, think the
Supreme Court is just as competent to pro-
teetitself, and maintain, its self-respect, as
is the gentleman from Massachusetts or the
members of this body.l.b srg uci5gp fV
Let me here advert to a consideration
which Lmay not be able to take up so ,ap7
propriately under any other branch of the
arguments Political offenses have never
been regarded in the same light as the of
lenses of murder, bribery, &c, named in
this bill. They have been recognized by
every one as constituting a different class
Of offenses. 70 Why,rsir, it will be remem-
bered by you and by the members of this
House, that no Ion ger than twelve, or thir-
teen years ago this Government sent across
the ocean vessel of the United States, and
was instrumental in procuring the release
Of Louis Kossuth from prison in Turkey,
brought him to the United States, and made
him the guest of the nation. What had
Kossuthidone2 He had tried to establish
the independence of Hungary He failed
and according to the laws of Austria he
was liable to be arrested, tried, and con-