Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-25
ANEW TEST ron KTTORSEYs.

/
The following Is the ban reported from
the Judiciary Committee by Mr. Bodtwell, (
Of Massachusetts,, and which was passed
by the House Of Representative on the
ed inst, by vote Of 100 to42
Section /. Be il enacted etc, That no
person shall be permitted 10 act as attorney |
or counselor in any court Of the United
States who has been guilty Of treason, /
bribery. murder, OF other felony, or who /
has been engaged In any rebellion against /
the rovernmentofthe United States, or who
has given aid, comfort or encouragement to i
the enemies Of the United States in armed |
hostility thereto.
Sec. 3 And be il further enacted That |
the first section Of this act Is hereby de- |
clared 10 be rule Of every court Of the |
United States.
Sec. .. And be il further enacted, That |
IL shall be the duty Of the judge or judges |
Of any such court, where the suggestion is |
made in open court, that any person acting
as an attorney or counselor Of said court, |
or offering or proposing 10 SO act, is barred |
by the provision Of this act or whenever
said Judge or judges shall believe that such
person Is barred, 10 inquire and ascertain
whether such person has been guilty OF
treason, bribery, murder, or other felony,
or whether he has been engaged in any re-
bellion against the government ofthe Uni
ted States, or whether he has given aid,
comfort or encouragement TO the enemies
Of the United States in armed hostility
thereto; and il the court shall be Of the
opinion that such person has been guilty Of
treason, bribery, murder, or other felony,
or that he has been engaged in any rebel
lion against the government Of the United
States, or that he has given aid, comfort, or
| encouragement 10 the enemies Of the Uni
ted States in armed hostility thereto, 10 ex-
ciude and debar such person from the Office
Of attorney or counselor at said court and
any person who shall testify falsely in any
examination made by any court az afOre-
said, shall be guilty Of perjury, and shall be
liable 10 the pains and penalties of perjury
This bill is the boldest attempt yet
made by the fanatical Radicals who have
control Of the legislative department Of
the government to override the cOnstitu-
ton Of the United States So far as
Southern attorneys are concerned, 1t
abolishes the great right of trial by jury.
1t makes the Judge Of any United States
Court, where the suggestion is made in
open court, try and pronounce an attor-
ney proposing to practice in such court,
innocent or guilty of an Infamous crime,
in direct violation Of the constitution.
The second section Of the third article Of
that instrument provides that "the trial
Of all crimes, except in eases OF impeach-
ment, shall be by jury" The fifth article
Of the amendments to the constitution
provides that no person shall be held to
answer for capital or other infamous
crime, unless on a presentment or indiet-
ment Of a grand jury, nor be de-
priyed Of life, liberty or property, without
due process Of law Due process Of
law has been held, almost from time i'm
memorial, to mean trial end judgment by
a court Of competent jurisdiction, in the
manner prescribed in the first part Of the
section The bin Of Mr. Boutwell, changes
the plain rules of proceeding laid down
in the constitution for the government Of
courts, 80 far AS attorneys who sympa-
thized with the South are concerned; in
other words, an attempt is made to amend
the constitution in this respect by a mere
bin
This bin iorcibly illustrates the ami
mus of the Radicals. They have deter
mined, IL possible. to deprive Southern
men Of every privilege and right guaran-
teed to them by the constitution, and they
will scruple at nothing 10 accomplish
their object Here is bill which has
passed the House Of Representatives by
an overwhelming majority, that proposes
not only 10 ahroratc the right Of trial by
| Jury in certain cases but TO deprive q
large class of n right which the courts
have declared property right, of which
the constitution declares they cannot be
be deprived without due process Of law
that is, trial and conviction by IAN I'M
partial jury The Judge Of the court is
directed by this bin to declare that an
attorney has been guilty of an infamous
crime and deprive him of the right to
practice IN his court
Our dispatches Of yesterday afternoon
state that Boutwells bill viii cause a
sharp debate in the Senate, and though
it may pass, it viii be very difficult to set
twenty-three votes fer itafer the Presi
dent yetoes It, as he certainly Will Bot
should it pass the Senate over the Presi.
dents veto, the Supreme Court will have
less difficulty in pronouncing this JesI
unconstitutional than that upon which
they have Just passed sentence.
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