The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-23

against the Government Of the United States, or
elNcn ana any comfort and encouragement To
the enemies of the United States, to exclude and
d'uar Such person from the Office of attorney or
counsellor.
Mr. boutwell,. i'm briefly explaining and ad-
NoCaIlng ihe bill, said that IL there were five
Judges In the highest judicial tribunal Of the
Ialu VINO had not sufficient respect to enact
rules and enforce regulations that would pro-
JccJ themselves from the foul contamnatlOns
OF Cunspirators and traitors against the Govern
nehJ OF the country, then the time had arrived
Whch the legislative department Of the Go
VGlhment should exercise its powers to declare
WHO snail be officers Of the Government in the
administration of the law in the courts of law
IIlS PHI was for that purpose, and he hoped
ViOus question.
Mr. CHAMBER IN. W hoped the gentlemen
RON Massachusetts would not rush this bill
through the House without allowing some OPP
poriunlty on his (Mr. Chanler'sj part TO speak,
not in favor of Rebellion, but of the Supreme
court. Laughterl
Mr. boutwell, (Nfass.) said he would allow
Mr.. Chanler five minutes.
MIR. CHANLER thanked the gentleman from
massachusetts for his extensive courtesy
Qaughter), and said, by this bill the whole issue
was changed. IT was not now a question Of
rebellion, but the members on his (Mr. Chan
leTs) side were now called upon to sustain the
character Of the Supreme Court OF the United
states against the assaults of the jealous advo-
cate from Massachusetts. When Cardinal
was To be admitted into the College of Cardinals,
at Rome, that body sat in Judgment upon the
candidate, and one of them, arrayed in all the
panOply of his Office, assumed the position Of
devils advocate accusing the candidate of
Mr.. SPALDGNG (Ohio) called Mr.. Chanler TO
order for the words which he had applied to
Mr.; Boutwell, in designating him as the de-
The reporters were directed to write out the
sentence, and while they were engaged III do
ing so
Mr.. STEVENS said he hoped Mr.. Spaldlng
would Withdraw the question OF order, as Mr.
Chanler had not said word. CLaughter.)
MIR. SPALDING withdrew the point of order
Mr.. CHANLER appealed to Mr.. Boutwell, TO eX-
tend his time a little longer Oaughter) as he did
S
torical allusiOn he had made, but simply meant
that, historically speaking, he (Mr BoutwelD
the devils advocate" did in the College Of
Cardinals, Five minutes would not be enough
for him to defend the character of the supreme
Court. (Shouts of laughter and expressions Of
Mr.. CHAMBER continued his remarks till the
fall of the Speakers hammer indicated that his
time was up.
Mir. RoGERs N. j. having obtained five mi
nutes to state his views, made of the time
in arguing against the bill, as well because 1t
was en- post fdctO in its character and, therefore,
unconstitutional, as because it was injudicious
in point of policy.
The previous question was seconded; yeas. 20;
nays, 3S.
by Mr.. Boutwell,, made speech in opposition.
He asked, at the opening of his remarks, whe-
ther the bill applied to state Courts well as to
Federal Courts.
MIR. boutwell, replied in the negative. 1t
! did not interfere with state Courts at all.
Mr.. HALE said that while he had no SYM
! pathy with those who attacked the Supreme
! Court, neither had he any disposition TO take
! any action that would do away with the test
oath, so far applicable to public officers. But
while the Office of attorney or counsellor was
! nominally an officer, it really only pro-
! fession, and he did not think it the part of
wisdom to apply the test oath to lawyers, even
| if Congress had the constitutional power to
Mr. WILSON Gowa), as Chairman of the Ju-
dietary Committee, made an argument in sup
| Mr. DAWES CNfass.) inquired Of him whether
| IL was not the rule in all State Courts to re-
| quire candidates for admission to the bar to
show good moral character, and whether this
| bill was really different in principle?
| Mr. WILSON said there was really no differ
! ence between the rule now, adopted by the
! state Courts and that provided for in this bill.
Mr.. FINCK, (Ohio) inquired of Mr.. Wilson
| whether the bill was not retractive, inaSmuch
! as it would require the dismissal OF men who
| were now acting as counsellors,
| Mr.. WILSON admitted that 1t was retractve
| but contended that's inquiry in character was
| necessarily retractive.
Mr. FINCK denied that an inquiry into cha.
| racter was simply as to the mans standing al
! the time, not to what his conduct had been in
Mi. Wilson replied that it was by mans
conduct in the past that his character was 70 be
| known.
/ support of the bill.
Mr. NIAYNARD CTenn.) interrupted Mr.. Bout
well to inquire whether this bill did more thar
to embody in the form OF statute what was
now the common law Of courts?
Mr.. BoUTwELL-There can be no doubt or
that point, and l say here on my response
bility, with reference TO the recent decision
of the Supreme Court, that it is an otienst
to the dignity and reSpectability of the ma
tion, that the Supreme Court Of the nation
by the general authority vested in IL under
the Constitution and laws, does not protect
itself from the contamination of Rebels auG
traitors until the Rebellion itself shall be sup
pressed, and until those men shall be re
stored to their rights as citizens. But the
Supreme Court falling in the performance o
that high duty, the time has arrived when the
| Congress Of the United States, by whose breaJ.
alone the Supreme Court exists (AIr. BOuJwel
pronounced these words with strong emphasis
should assume am exact and specific authority
| and should declare DS solemn law, tnaJ nel
| who have been guilty OF murder, or treason, Of
bribery, or who have raised their arms to strike
| down the Government of the country, should
| not participate in the administration OF the
laws Of the land until they are absolved from
their crimes.
And it is not enough that the Supreme Cour
tell us that the Presidents pardon absolve
these men from their iniquities. The PreSi
dents pardon may open the doors OF jails ant
! pcnitenuaries; IL may release criminals wh
are guilty OF murder and other felonies: bu
| while occupy place on this floor, never, will
my consent, shall the pardon of the Presiden
be a certificate on which felon enters into Jh
tribunals OF the land and assists in the admins
As Mr.. Boutwell, resumed his seat there wa
an outburst of applause on the floor and in tn
galleries.
The Speaker warned the spectators in the gal
leries that they must not indulge IN manifesto
tions of applause or disapprobation.
Mr.. JOHNSON (Pa.) inquired whether appaus
on the floor was not as much out OF order rs ap
plause in the galleries.
nounced that, Mr.. Boutwell, having taken hi
seat, debate ON the bill was closed, and that tn
first question would be on the substitute.
Mr.. JOHNSON appealed to Mr.. Boutwell,
allow him two minutes time.
| Mr. BOUTWELL, said he would be glad TO do SC
but several other gentlemen had made simila
appeals to him, and he could not crafty ther
| all.
Mr.. JOHNSON said he hoped the application
and refusal would go on the record.
| Mr.. ROGERS moved 10 reconsider the vote b.
| which the main question was ordered Mega
| uVed-yeas, 40; nays Ill.