The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-02-02

We should be sorry to see Congress admit tue
doctrine which the Supreme Court has pro-
pounded that the Legislature of the United
states has no right to say what qualifications
shall be necessary to enable man to practise
in the national courts. AS long as the Senate
does decide and Congress may decide, what
manner of men may be judges in these courts,
there Is something unreasonable in declaring
that it has no power to say what manner OF men
shall be professional pleaders before them. If
it were once admitted that the Supreme Court
had exclusive Jurisdiction in the matter of de-
termining the dtness of the lawyers who prac-
tise before il, it would be in the power of that
body to convert the Federal bar into close
corporation, and give to a few men most
Odious and dangerous monopoly of a very
lucrative and important business, and the
people would be without any means of redress.
II is quite true that the possibility that po wer
will be abused is not by any means a conclusive
argument against its existence; but as long as
lis existence Is disputed on other grounds, It is
q very strong reason for steadily refusing to
COncede it. .. ..
While claiming for Congress, however, the
right to fix the qualifications for admission to
the Federal bar, and while heartily approving
of Mr.. Boutwels bill so far it is merely decla-
ratory, we cannot help saying that we think it
is great mistake to attempt, as Mr.. Boutwell,
is attempting, TO exclude men from practice in
the Federal courts because they may have aided
or abetted in the Rebellion. Every argument
which has been used in support of this measure
Is based on mistaken conception of the rela-
tions of an advocate to the public, and of the
whole theory of his duties and rights. What
ever may have been or may now be the position
of the bar in other countries, it is not true that
admission to it in this country can or ought to
be considered as in any sense privilege"
which the Government has in its power to
bestow or withhold.
The bar in England, as well as in France, has
AOuuva oI,~
guild or corporation, like every other trade or
calling, and in the former country admission to
thas always been and still is saddled with re-
strictOns, for the aVoWed purpose of reserving
. the profession for men in certain social posi-
Ntlon.- But the bar in America has no such ira
ditons or ahtecedents. The profession of an
advocate here rests on the natural and inalien-
able right OF every man who seeks Justice in
court of law to be heard in his own behalf; and
from this, If by reason of ignorance or ln-
drmity he cannot speak for himself, his right to
be heard through the medium of some one bet
ter able to state his case, and chosen by him
self, is an inevitable deduction. This right can
not be impaired or destroyed by any guilt or
depravity, or the commission of any crime; in
TACT, the more henious the crime of which
man Is accused, and the more terrible the
punishment which awaits him If found guilty.
tne stronger and more sacred does the right
Persons accused of treason and felony were,
down to o very recent period, refused the assist
anCe OF counsel in England, on the ground that
1t was an indulgence to which they were not en-
titled, and by which the dignity of the kings
courts would be impaired, and that the judge
would take care OF their INTERESTS and one oil
the finest pieces of wit, sarcasm, and logic ever
produced by, Sydney Smiths pen was devoted
to the demolition of this barbarous and inhu
man fallacy. But neither the theory nor the
practice has ever made its way across the Allan
tic. 1t has never been denied here that prI
Soners or suitors right to avail himself of the
services of a clever brain and reader tongue
than his own, is part and parcel of his righ
TO be heard in his own defense. When the
Stateysteps in to provide rules for admission
to the bar, or to determine the qualifications
of those who shall exercise the calling of an
advocate, 1t does so not by way of granting
franchise, but for the purpose of protecting
suitors and prisoners from being wronged OF
The object of its interference is to guarantee
to the public that attorneys and counsellors
have tair knowledge Of the law and are OF
good moral character, and that cases may be
entrusted to them without risk of miscarriage
either through gross ignorance or dishonesty;
and other qualifications than these we deny the
right of the Government to insist upon. These
restrictions may be imposed, because they are
for the interest of the ctiZel bat other restric-
tlons may not be, because they are not neces
sRry to the citizen, The fact that man has
committed treason may be good cause for eX
Guiding him from the bar, if h e has been con.
victed of treason IN open court; but treason is
not q crime which renders a man unfit to per
form an advocates duties faithfully, If SC
impossible or. inexpedent to try them for the
Offense, it is also ineXpedient to eXpel them all
from the bar on account OF ito .r.N. I'D.
To exclude every man from practice in thu
Federal courts who has aided or abetted in thu
Rebellion, is to exclude nearly every Southern
lawyer of character or ability, or, in othe
words, to leave the whole Southern peopl
without the means of seeking their rights o
defending themselves in courts OF justice; an
this penalty, we repeat we have no right t
inhiot on any community, no matter wha
Offensel they have committed, though it wer
s'the objectionable sinn itself. AS long as W
keep courts of justice open, We must allo
men to appear in them by counsel of their ow
choice and in whom they have confidence bu
If we prescribe qualification which through
out the continent not one hundred lawyer
can show, we practically deny people the rigt
TO appear by counsel. 900 uu -a. lUl.
what the North asks for, and what Congress
is bound to provide, is perfect equality befor
the law for all classes colors, and condition
and such protection for life and property at th
South as IL is in the power of the GovernmeI
TO furnish or secure. For these things we
at all hazards. Whatever Is plainly necessal
TO secure these great ends, the country is vii
ing to do or have done, cost what 1t may; bl
biiis like this OF Mr.. Boutwell's which can ser,
no purpose but that of alienation and rTitatiC
which, so far from Fastening the restoratiC
of order and law, will do much to retard 1t
shaking the confidence OF the Southern peop
in the national courts, Will not unless we q q
greatly mistaken, command either the symPat
or support OF the people, We must look
these questions from practical point OF vie
after all, no matter what our feelings may
We sympathlze with Mr. BoutWells indignant
at seeing Bradley johnson practising in !
supreme Court, but we cannot reconstruct I
Union on principles of holy wrath AS long
there are four millions of traitors at the Sou
and We have to live under the same politi
Toof with them, or else slaughter them,