against military trials in time of war, goes outside of the immediate case in issue, and indulges in a fierce onslaught upon test-oaths in general.  If so, it will only add another reason for such a re-organization as will prevent the judges in the last resort from becoming the mere agents of party, or the mere defenders of rebellion.  The adage constantly quoted, yet never out of fashion, that ’Whom the Gods wish to destroy they first make mad,’ is having a pointed illustration in these successive judicial assaults upon the rights of the people.  Although the Supreme Judges hold for life, there is at once precedent, necessity, and law for such a change in the present system as will in a short time make it a fearless interpreter of republican institutions, instead of the defender and apologist of treason.”

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.”

And he called for the previous question upon it.  In subsequently advocating its passage, he said: 

“I say here upon my responsibility, with reference to the recent decision of the Supreme Court, that it is an offence to the dignity and respectability of the nation that this tribunal, under the general authority vested in it under the Constitution and laws, does not protect itself from the contamination of rebels and traitors, until the rebellion itself shall be suppressed and those men shall be restored to their former rights as citizens of the country.”

This language was used in 1867, and the last gun of the war had been fired in May, 1865.  It showed the irritation of violent partisans of the North against the Court because it gave no sanction to their vindictive and proscriptive measures.