"
The decisions were announced on the 14th of January, 1867. On the 22d
of the month, Mr. Boutwell, from Massachusetts, introduced a bill
into the House far more stringent in its provisions than the act of
Congress just declared invalid. It was a pitiable exhibition of hate
and vengeance against all persons who had been engaged, directly or
indirectly, in the rebellion. It declared that no person who had been
thus engaged should be permitted to act as an attorney and counsellor
in any courts of the United States; and made it the duty of the
judges, when it was suggested in open court, or when they had reason
to believe that any person was thus debarred, to enquire and ascertain
whether he had been so engaged, and if the court was of opinion that
such was the fact, he was to be excluded. The court was thus, upon the
suggestion of any one, to be turned into a tribunal for the summary
trial of the accused without the ordinary safeguards for the
protection of his rights. In introducing it Mr. Boutwell, referring to
the decision of the Court, said that--
"If there be five judges upon the bench of the highest
tribunal who have not that respect for themselves to enact
rules, and to enforce proper regulations, by which they will
protect themselves from the contamination of conspirators and
traitors against the government of the country, then the time
has already arrived when the legislative department of the
government should exercise its power to declare who shall be
officers of the government in the administration of the law in
the courts of the Union; and this bill is for that purpose.
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