The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1867-01-29
STORMY SCENE IN CONGRESS.

| sDecisi0n- The House Of REPRESENTATIVES, n
Ses.ion all Night Extraordinary Proceed
in5s- - A -
| On Tuesday, in the United States House of
| Representatives, Mr.. Boutwell,, from the Judi
ciary Committee, reported substitute for the
| House bill to prescribe an oath to the public
! officers, members Of the bar, &c.
The substitute provides that no person shall
be permitted to act GO an attorney or counsellor
| in auy court Of the United States who has been
guilty of treason, bribery, murder or other fc-
| louy, or who has been engaged in any rebellion
against the Government ot~the Uuited States,
or who has given aid, comfort or encouragement
| to the enemies of the United States, in armed
hostility thereto. The second section declares
the first section to be the rule of every court of
the United States The third zsection makes it
the duty of the Judges, when the suggestion is
made in open court that any person, acting as
an attorney or counsellor of the court, or pro-
posing SO to act, if barred by the provisions of
this act, or when the Judge shall believe such
person to be so barred, to inquire and ascertain
whether such person has been guilty Of treason
bribery, murder or other felony, or has been
engaged in any rebellion against the Govern
meat of the United States, or who has given
aid, comfort and encouragement to the enemies
of the United States 10 armed hostility thereto;
and il the court be of opinion that such person
has been guilty of treason, bribery, murder or
other felony, or has been engaged IN any rebel.
loo against the Government of the United
States, or given aid, comfort and encourage
ment to the enemies of the United States, to
exclude and debar such person from the ofhee OF
attorney or counsellor. ~, r.. ....@ ..=,@'
Mr. Boutwell,, in briefly explaining and aavo-
eating the bill, said that if there we're five judges
10 the highest judicial tribunal of the land who
| III fEo;o GOLF To rutpS and
enforce regulations that would protect them
selves from the foul contamination of consflra-
tors and traitors against the government of the
country then the time had arrived when the
legislative department of the government should
exercise its power to declare " no shall be officers
of the government 10 the administration OF the
law in the courts of law This bill was for that
purpose, and he Hoped the House would pass
it. He moved the previous question p
Mr.. Chanler hoped the gentleman from Mas
sachusetts would not rush this bill through the
House without allowing some opportunity on
his (Mr Chanler'sl side of the House to speak,
not in favor of rebellion, but of the Supreme
Court. Laughter
Mr.. Boutwell, said he would allow Mr. Chan
Ter Eve minutes -.s .--. . d ."a7
MIR Cbanler thanked the gentleman from
Massachusetts, for his extensive courtesy
Laughter By this bill the whole issue was
changed It was not now question OF rebel
lion, but the members on his lMr CHAMBERS s.
side we're now called upon to sustain the char
acter of the Supreme Court Of the United States
against the assaults of the jealous advocate from
} Massachusetts. When Cardinal has to be ad-
nitted into the College of Cardinals at Rome
; that body sat in judgment upon the candidate,
; and one of them, arrayed 10 all the panoply of
his office, assumed the position of Devils Ad.
| ii Of oil pohI la
} iniquites
, Mr. Spalding called Mr. Chanler to order for
the words which he had applied to Mr. Bout
: we'll, in designating him as "the devils advo
cate"
The reporters were directed to write out the
sentence, and, while they we're engaged in do
. ing SO, .,..
Mr.. Stephens hoped Mr. Spalding would
withdraw the question of order, as MIR. Chanler
baG not said word. Laughter ] - l-
Mr. S2alding withdrew the poiut of order.
Mr.. Chanler appealed to Mr.. Boutwell, to ex.
tend bis time a little longer, laughter,] as he
: did not mean anything personal to him 10 the
historical allusion he had made but simply
5 meant that, Historically speaking, he Mr. Bout
: we'll occupied on the floor the same character
h as .'the devils advocate" did in the College OF
g Cardinals. .- ..r p. ,sa..s za.s ..s-
!, Mr.. Rogers, having obtained five minutes te
;. state his views, made use of the time in argu
ing against the bill, as we'll because it was e.
| post JactO in it's character, and therefore uncon
situtional, as because it was injudicous in poin
# of policy. s -.
: The previous question was seconded-76 te
: SO. :. ..- So, - s.....r =
q Mr. Hale, having been allowed FIVE minutes
;. by Mr. Boutwell, made speech in opposition
, He asked, at the opening of his remarks
rboth ar oh ;,l to al
= as to Federal courts .a s.a*.
. MIR Boutwell, replied in the negative. 1t die
. not interfere with State courts at ALL
Mr. Hale said that while he had no sympathy
. with those who attacted the Supreme Court
:. neither had he any disposition to take any &C
q ton that would do away with the test oath, 81
far as it could be Constitutionally upheld, ant
;. so far applicable to public Offices. But while
\ the Office OF attorney or counsellor was nomi
5 nally Office il was really only profession
and he did not think it the part of wisdom {,
apply the test oath to lawyers, even if Congress
i had the Constitutional power to do so.
e Mr. Boutwell, closed the debate, arguing il
+ support of the bill. .-.. .g.iE -. f..s@ 81
r Mr. Maynard interrupted Mr. Boutwell, to 10
o quire whether this bill did more than embody
J. in the form of a statute, what was now the com
o mon law of courts. -sEi.,. -7a zsa. q
Mr. Boutwell,. There can be no doubt on Ina
= point. And | say here, on my responsibility
u with reference to the recent decision of the Su
: preme Court of the patton, by the general al
j. thority vested in it under the Constitution ant
laws, does not protect itself from the contami
I nation Of rebels and traitors until the rebellion
hSnIf ch,l! Aoc Al -