Ex parte Garland
Encyclopedia
Ex parte Garland, , was an important United States Supreme Court
case involving the disbarment of former Confederate
officials.
be recited by any Federal court officer affirming that the officer had never served in the Confederate government.
Augustus Hill Garland
, an attorney and former Confederate Senator from Arkansas
, had previously received a pardon from President Andrew Johnson
. Garland came before the court and pleaded that the act of Congress was a bill of attainder
and an ex post facto law which unfairly punished him for the crime for which he had been pardoned and was therefore unconstitutional.
and an ex post facto law. The court ruled that Garland was beyond the reach of punishment of any kind due to his prior presidential pardon. The court also stated that counselors are officers of the court and not officers of the United States, and that their removal was an exercise of judicial power and not legislative power. The law was struck down, opening the way for former Confederate government officials to return to positions within the federal judiciary.
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
case involving the disbarment of former Confederate
Confederate States of America
The Confederate States of America was a government set up from 1861 to 1865 by 11 Southern slave states of the United States of America that had declared their secession from the U.S...
officials.
Case
In January 1865 the Congress of the United States passed a law that effectively disbarred former members of the Confederate government by requiring a loyalty oathLoyalty oath
A loyalty oath is an oath of loyalty to an organization, institution, or state of which an individual is a member.In this context, a loyalty oath is distinct from pledge or oath of allegiance...
be recited by any Federal court officer affirming that the officer had never served in the Confederate government.
Augustus Hill Garland
Augustus Hill Garland
Augustus Hill Garland was an Arkansas lawyer and politician. He was a senator in both the United States and the Confederate States, served as 11th Governor of Arkansas and as Attorney General of the United States in the first administration of Grover Cleveland.-Early life and law career:Garland...
, an attorney and former Confederate Senator from Arkansas
Arkansas
Arkansas is a state located in the southern region of the United States. Its name is an Algonquian name of the Quapaw Indians. Arkansas shares borders with six states , and its eastern border is largely defined by the Mississippi River...
, had previously received a pardon from President Andrew Johnson
Andrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
. Garland came before the court and pleaded that the act of Congress was a bill of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
and an ex post facto law which unfairly punished him for the crime for which he had been pardoned and was therefore unconstitutional.
Decision
In a 5-4 vote the Supreme Court ruled that the law was indeed a bill of attainderAttainder
In English criminal law, attainder or attinctura is the metaphorical 'stain' or 'corruption of blood' which arises from being condemned for a serious capital crime . It entails losing not only one's property and hereditary titles, but typically also the right to pass them on to one's heirs...
and an ex post facto law. The court ruled that Garland was beyond the reach of punishment of any kind due to his prior presidential pardon. The court also stated that counselors are officers of the court and not officers of the United States, and that their removal was an exercise of judicial power and not legislative power. The law was struck down, opening the way for former Confederate government officials to return to positions within the federal judiciary.