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	Augustus Hill Garland - Wikipedia, the free encyclopedia
		Garland studied law and was admitted to the Arkansas bar in 1853.
		Garland was a pro-Union delegate to the Arkansas Secession Convention in 1861.
		Garland made legal history as the subject of the Ex parte Garland case of 1867 which was a U.S. Supreme Court case in which he argued that the act barring ex-members of the Confederate government from practicing law was an ex post facto law and was thus unconstitutional.
	en.wikipedia.org /wiki/Augustus_Hill_Garland (506 words)

	Garland, Augustus Hill on Encyclopedia.com (Site not responding. Last check: 2007-10-08)
		This led to Ex parte Garland (1867), a Supreme Court case in which Garland successfully pleaded that since the act was an ex post facto law it was unconstitutional.
		As governor of Arkansas (1874-76), Garland was influential in restoring the soundness of the state's finances.
		The crucible of disease: trauma, memory, and national reconciliation during the yellow fever epidemic of 1878.
	www.encyclopedia.com /html/G/GarlandA1.asp (378 words)

	Ex parte Garland 1866 bar reinstatement case
		Garland now produced this pardon, and, by petition filed in court, asked permission to continue to practise as an attorney and counselor of the court, without taking the oath required by the act of January 24th, 1865, and the rule of the court.
		In Ex parte Secombe, [n5] a mandamus to the Supreme Court of the Territory of Minnesota to vacate an order removing an attorney and counselor was denied by this court on the ground that the removal was a judicial act.
		A part of the matters of which the applicant is required to purge himself on oath may amount to treason, but surely there could be no intention or desire to inflict this small additional punishment for a crime whose penalty already was death and confiscation of property.
	www.lawyerdude.8k.com /garlandlong.html (8871 words)

	Hotpoint Parts (Site not responding. Last check: 2007-10-08)
		An ''ex parte'' decision is one decided by a judge without requiring all of the parties to the controversy to be present.
		In the United States, the availability of ex parte orders or decrees from both federal and state courts is sharply limited by the Fifth and Fourteenth Amendments, which provide that a person shall not be deprived of any interest in liberty or property without due process of law.
		A court order issued on the basis of an ex parte proceeding, therefore, will necessarily be temporary and interim in nature, and the person(s) affected by the order must be given an opportunity to contest the appropriateness of the order before it can be made permanent.
	www.awonky.com /pages2/43/hotpoint-parts.html (1255 words)

	[No title]
		Garland, having complied with the terms of your second rule, was admitted as a counsellor of this court.
		Garland now produced this pardon, and by petition filed in court asked permission to continue to practise as an attorney and counsellor of the court, without taking the oath required by the act of January 24th, 1865, and the rule of the court.
		Garland, and of which he was technically guilty, is also, I hope, made clear; for the offence is the one assumed by the law, and in denying to him the right to continue a counsellor of this court, that denial was designed as penalty.
	www.lawyerdude.8m.com /garland.html (15795 words)

	Augustus Hill Garland » Biographies of Arkansas's Governors » Exhibits » Old State House
		Garland was a presidential elector, on the constitutional Union Party ticket, and a delegate to the 1861 Secession Convention and to the Provisional Congress.
		This led to Ex parte Garland (1867), a United States Supreme Court case in which Garland successfully pleaded that since the act was an ex post facto law it was unconstitutional.
		Garland was elected Governor of Arkansas on October 13, 1874, and was sworn into office on November 12, 1874.
	www.oldstatehouse.com /exhibits/virtual/governors/the_redeemers/garland.asp (765 words)

	FindLaw: U.S. Constitution: Article II: Annotations pg. 9 of 18
		Such was the holding in Ex parte Grossman, 243 where Chief Justice Taft, speaking for the Court, resorted once more to English conceptions as being authoritative in construing this clause of the Constitution.
		Garland, who had been a Confederate sympathizer and so was unable to take the oath, had however received from President Johnson the same year ''a full pardon 'for all offences by him committed, arising from participation, direct or implied, in the Rebellion,'.
		In Ex parte Vallandigham, 68 U.S. (1 Wall.) 243 (1864), the Court had held while war was still flagrant that it had no power to review by certiorari the proceedings of a military commission ordered by a general officer of the Army, commanding a military department.
	caselaw.lp.findlaw.com /data/constitution/article02/09.html (4213 words)

	[No title]
		But in Garland's service, she is arch and sportive and tells of the little features of a great institution.
		Garland bore witness to a peculiar innovation in the proceedings of the Court — the asking of questions during oral argument, a disruptive practice unknown under Chief Justices Marshall and Taney.
		For John Rock, Belva Lockwood, and Augustus Garland, admission to the bar of the Supreme Court was an event of extraordinary importance.
	www.appellate.net /includes/print.asp?dir=articles&file=rebels799.asp&contentarea=yes (2673 words)

	Ex Parte -- resources
		690, the doctrine of Re Pollitz and Ex parte Nebraska was reaffirmed.
		Excerpt: An ex parte action is a judicial action on the behalf of one party,...
		The object of an ex parte proceeding is nevertheless to yield a
	bankruptcy.mongabay.com /resources/Ex_Parte.html (1312 words)

	Ex Parte Garland (Site not responding. Last check: 2007-10-08)
		In Ex parte Secombe, a mandamus to the Supreme Court of the Territory of Minnesota to vacate an order removing an attorney and counselor was denied by this court, on the ground that the removal was a judicial act.
		The attorney and counselor being, by the solemn judicial act of the court, clothed with his office, does not hold it as a matter of grace and favor.
		This view is strengthened by a consideration of the effect of the pardon produced by the petitioner, and the nature of the pardoning power of the President.
	www.agh-attorneys.com /4_ex_parte_garland.htm (2462 words)

	Ex parte (Site not responding. Last check: 2007-10-08)
		Ex parte is a Latin legal term meaning "from (by or for) one party" (pronounced "ekss par-TAY" or "ekss par-TEE")
		An ex parte decision is one decided by a judge without requiring the plaintiff to be present.
		In U.S, and U.K legal doctrine it means: "Legal proceeding brought by one person in the absence of and without representation or notification of other parties."
	encyclopedia.codeboy.net /wikipedia/e/ex/ex_parte.html (87 words)

	New Page 1
		The case of Ex parte Grossman in 1925 further expanded the Constitutional basis for pardon.
		Chief Justice Taft led the Supreme Court to find that the pardoning power indeed extends to civil cases, that a president is free to pardon in the case of criminal contempt of court, and further that the word "offenses" cannot be held as limiting on the power of the chief executive.
		In his explanation of Ex parte Grossman, Chief Justice Taft suggests the different ways in which it is possible to check the powers of the pardon.
	www.lipsett.com /peter/library/pardon.htm (4099 words)

	List of United States Supreme Court cases (Site not responding. Last check: 2007-10-08)
		Ex Parte Bollman 1807: habeas corpus, definition of treason, Supreme Court's power to issue writs to circuit courts
		Ex Parte Merryman 1861: power to suspend writ of habeas corpus, wartime civil liberties, ignored by Lincoln
		Ex Parte Garland 1866: retroactive civil disability for former Confederate officers
	publicliterature.org /en/wikipedia/l/li/list_of_united_states_supreme_court_cases.html (1027 words)

	law.com - The Power of the Pardon
		Garland, a member of the Confederate Congress from Arkansas who had been pardoned after the war, insisted that the pardon meant he did not have to take the oath.
		The Supreme Court agreed in Ex parte Garland, finding that a pardon "releases the punishment and blots out of existence the guilt, so that in the eye of the law the offender is as innocent as if he had never committed the offence...
		The D.C. Bar brief disputes the relevance of the Garland case, noting that the Supreme Court ruled in his favor because the loyalty oath law violated constitutional bars against ex post facto laws and bills of attainder.
	www.law.com /jsp/article.jsp?id=1066080426784 (1200 words)

	Annotated Constitution pg 466
		That is, the pardon may not be in anticipation of the commission of the offense.
		By an act passed in 1865, Congress had prescribed that before any person should be permitted to practice in a federal court he must take oath asserting that he had never voluntarily borne arms against the United States, had never given aid or comfort to enemies of the United States, and so on.
		Garland, who had been a Confederate sympathizer and so was unable to take the oath, had
	www.eco.freedom.org /ac92/ac92pg0466.shtml (357 words)

	EFFECTS OF A PRESIDENTIAL PARDON
		The foregoing analysis does not mean that a pardoned person cannot be held accountable for the conduct underlying the offense by a governmental entity seeking to determine suitability for a position of confidence or trust, adherence to a code of conduct, or eligibility for a benefit.
		In Garland, at issue was an act of Congress that attempted to exclude from the practice of law all persons who had participated in the Rebellion.
		The Court held that the Act could not be applied to Garland becaue the President's pardon prohibited the plaintiff from being punished for the offense of treason.
	www.usdoj.gov /olc/pardon3.19.htm (4606 words)

	In re Lavine (1935) 2 C2d 324
		The petitioner Garland, who had been admitted to practice before the United States Supreme Court prior to the rebellion, had served in the congress of the Confederate States during the rebellion and therefore was not in a position to subsequently take the required oath.
		1002], wherein it is stated that the Garland case merely determined that "one who has been admitted to practice the profession of the law, cannot be deprived of the right to continue in the exercise [thereof] by the exaction...
		Hazzard, supra, 489, wherein it is stated that the Garland "decision has been robbed of much of its virility by later decisions of the court".
	online.ceb.com /calcases/C2/2C2d324.htm (1931 words)

	[No title]
		The constitutional restriction on the power of Congress to pass ex post facto laws, (Article 1, section 9) has been said, we think correctly, to be applicable generally to the power of Congress to legislate for territories (Scott v.
		But the appellant contends that it is all ex post facto law as applied to him because it imposes upon him an additional penalty for a crime which he committed and for which he was convicted before the Act was passed.
		In Ex Parte Garland the Supreme Court struck down as an ex post facto law, and therefore unconstitutional under Article I section 9, an act of Congress re- quiring the taking of a similar but less far reaching oath as a prerequisite to admission to practice before the Supreme Court of the United States.
	www.cs.cmu.edu /afs/cs.cmu.edu/user/wbardwel/public/nfalist/cases_v_us.txt (2084 words)

	EX PARTE GARLAND, 71 U.S. 333 (1866) -- US Supreme Court Cases from Justia & Oyez
		That the retrospective part of the oath was unconstitutional.
		Garland, for permission to continue to practise as an attorney and counsellor of the court without taking the oath required by the act of Congress and the rule of the court.
		Footnote 48 Ex parte Heyfron, 7 Howard, Mississippi, 127; Fletcher v.
	www.justia.us /us/71/333/case.html (16440 words)

	Ex Post Facto Laws (Site not responding. Last check: 2007-10-08)
		Senator Frank Lautenberg, who proposed the amendment, however, has argued that the provision is not being applied in violation of the ex post facto clause of the Constitution.
		In another 1885 case, a deportation law authorizing the Secretary of Labor to expel aliens for criminal acts committed before its passage was held not to be ex post facto since deportation was not deemed a punishment.
		Critics have argued that the laws add a penalty to the offense (the sex crime) that was not there when the offender was sentenced (community notification).
	www.cjjohns.com /c_law/expost.html (674 words)

	Presidential Pardons
		Ex parte Grossman 267 U.S. Two days after being subjected to an injunction for violation of the National Prohibition Act, Philip Grossman was arrested, tried, found guilty of contempt, and sentenced to one year and $1,000 fine.
		It is a part of the Constitutional scheme.
		The plain purpose of the board power conferred by 2, cl. 1, was to allow plenary authority in the President to 'forgive' the convicted person in part or entirely, to reduce a penalty in terms of a specified number of years, or to alter it with conditions which are in themselves constitutionally unobjectionable.
	jurist.law.pitt.edu /pardons4.htm (2608 words)

	FindLaw Constitutional Law Center: U.S. Constitution: Article II: Annotations pg. 9 of 18
		When granted it is the determination of the ultimate authority that the public welfare will be better served by inflicting less than what the judgment fixed.''233 Whether these words sound the death knell of the acceptance doctrine is perhaps doubtful.
		Such was the holding in Ex parte Grossman,243 where Chief Justice Taft, speaking for the Court, resorted once more to English conceptions as being authoritative in construing this clause of the Constitution.
		Effects of a Pardon: Ex parte Garland.--The great leading case is Ex parte Garland,246 which was decided shortly after the Civil War.
	supreme.lp.findlaw.com /constitution/article02/09.html (4185 words)

	DNA CONTROVERSY
		A similar ex post facto issue in Megan's Law involving community notification of a released offender's presence had its constitutionality tested in a string of state and federal courts, with the most recent ruling coming in August, in A. v.
		Ex parte council}, one that assembles at the request of only one of the parties in dispute.{
		Ex parte} {hearing or evidence} (Law), that which is had or taken by one side or party in the absence of the other.
	www.njweedman.com /dna.htm (7009 words)

	[No title]
		The federal constitutional claims were that the statute violated the double jeopardy, ex post facto, bill of attainder, and excessive fines clauses1, and also deprived the plaintiffs of due process and equal protection.
		The state constitutional claims were based on those provisions of the New Jersey Constitution that are counterparts of the federal constitutional clauses.2 On cross-motions for summary judgment with respect to those common constitutional claims, the District Court, in a thoughtful and comprehensive opinion, granted summary judgment in _________________________________________________________________ 1.
		Double Jeopardy, Ex Post Facto, and Bill of Attainder The double jeopardy, ex post facto, and bill of attainder provisions are discrete constitutional protections addressed to distinct types of impermissibly oppressive governmental constraints.
	vls.law.vill.edu /locator/3d/Sept2001/996059.txt (3398 words)

	HLS Federalist Society \| Ex Parte
		Ex Parte is a group weblog managed by the Harvard Federalist Society, a student organization of Harvard Law School, and written by its student members.
		Alright, so about the only connection I can find between the Ex Parte blog and this post is that Jimmy Pedro was born in nearby Danvers, lives in Methuen, and runs Pedro's Martial Arts in Wakefield.
		Unlike the more libertarian contributors to Ex Parte, Sen. Kerry has stated that he supports state bans on gay marriage, as long as civil unions are permitted.
	fedsoc.blogspot.com /2004_08_01_fedsoc_archive.html (13629 words)

	CONK! Encyclopedia: List_of_United_States_Supreme_Court_cases (Site not responding. Last check: 2007-10-08)
		Ex Parte Bollman, 8 U.S. (1807): habeas corpus, definition of treason, Supreme Courtâs power to issue writs to circuit courts
		Ex Parte Milligan, 71 U.S. (1866): habeas corpus, military tribunals
		Ex Parte Garland, 71 U.S. (1866): retroactive civil disability for former Confederate officers
	www.conk.com /search/encyclopedia.cgi?q=List_of_United_States_Supreme_Court_cases (2546 words)

	The Constitution of the United States of America
		The executive's salary was, however, to be fixed and not subject to change by the legislative branch during the term of the executive, and he was ineligible for re-election so that he need not defer overly to the legislature.
		The proposal became a part of the Constitution on February 27, 1951, in consequence of its adoption by the necessary thirty-sixth State, which was Minnesota.\63\ \63\E. Corwin, op.
		Inaction on your part by that date will leave me with an inescap [[Page 441]] able responsibility to the people of this country to see to it that the war effort is no longer imperiled by threat of economic chaos.
	www.gpoaccess.gov /constitution/html/art2.html (10435 words)

	HISTORY - Encyclopedia Britannica - HISTORY - JCSM's Study Center (Site not responding. Last check: 2007-10-08)
		The western part of Virginia had separated itself from Admission the parent state, and was admitted as a state (1863) of west under the name of West Virginia.
		As part of his system he issued Porky of another proclamation in which he appointed a President governor for North Carolina and laid down a Johnson.
		By this proclamation it was made the duty of the governor to call a convention chosen by the loyal people of the state, for the purpose of altering the state constitution and establishing a state government.
	www.jcsm.org /StudyCenter/Encyclopedia_Britannica/HIG_HOR/HISTORY.html (9192 words)

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