The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1867-01-24


The Court proceeded 10 examine the
character Of the oath in question, saying,
as It cannol be taken by all attorneys,
it opocates as perpetual declaration Of
exclusion from ore OF the professions and
ayoca,ions CT life, and therefore must
be regarded as 4 punishment.
In this exclusion is imposed pun
ishmeut for an ciTonse which may not
have been punishable at the time the
offence was committed, and is thus
| brought into the character of an &C post
taeto law, as in the Missouri case, just
! decided.
The Office Of an attorney or counsellor
la not ike an Office created by Congress,
and which may be buylencd By condi.
tiong. Attorneys are net officers Of the
United States. They are officers Of the
cour,, and are admitted as such By the
court, on the ground Of their legal
learning and good private character.
The admission to the bar is . sufficient
endorsement. From the time Of entering
upon practice, they become officers Of
! the court, and hold cifce during good
behavior, and can be deprived Of it only
! by the court. Their admission and ez-
clusion is not q mere ministerial power.
The court is net the register Of the
odicts ofany ether power. \ counsellor,
however, does not hold his Office as
matter Of grace and favor. 10 appear
for suiFors is something more than is
royokablo By court or legislature. He
can cniy be deprived Of his Office for
misconduct Or professional delinquency.
The question is, whether Congress can
tx qualifications as 4 measure Of punish-
ment.
Il cannot beindirectly done by state,
and the reason by which that conclusion
Is reached applies similarly to Congress
These views are further strengthened by
the pardon Of the President. The Con-
stitution provides that ho shall h ave
power to grant roprieyes and pardon for
oitenscs against the United States,
except in cases Of impeachment. This
extends to every other oaonse known to
the laws. This power of the President
is not subjec! to the negative control of
| Congress, which cannot limit its effect.
! The benign pccrogatiye of mercy connot
be ayerted by legislative restrictions.
Z pardon reaches both the punishment
prescribed and the offender. 1t blots
ont the cGugc0uprses of fha ofense and
| in the eye Of the law the offender stands
as guiltless as if hc had not committed
the oiIense. If a pardon is granted be-
fore conviction, it does away with trial.
Il granted after conviction, this subject
Of it IS made man. The pardon pro-
ducod BY the petitioner is full pardon
and subject to certain conditions, which
! have been complied with. The effect Of
The pardon is 70 relieve him Of all d:sa.
! bi!ity and from the consequences Of his
o!ionso during the ro6elli on. lie is
! placed beyond the reach OF punishment.
To exclude him from his profession is not
embraced in the pardon. II follows
from thosaWews that the prayer Off. II.
Mari is also granted, and the amendment
Of the second rule, adopted unadyisedly,
January 4,lS65, which requires the oath
to be taken BY attorneys and counsellors,
must be rescinded, aud it is SO ordered.
The majority.of tie Court are Asso-
c;ate7 Wayne, Nelson, Grier, Clifford
aad Field.