Great American Court Cases | Ex parte Garland

Legal Citation: 71 U.S 333 (1867)

Petitioner
Augustus H. Garland

Respondent
United States

Petitioner's Claim
That the act of Congress of 24 January 1865, which required all lawyers who practiced before a federal court to swear that they had no sympathy toward the Confederacy, was unconstitutional.

Chief Lawyers for Petitioner
Matthew H. Carpenter, Reverdy Johnson

Chief Lawyers for Respondent
Henry Stanbery, U.S. Attorney General; James Speed

Justices for the Court
Nathan Clifford, Stephen Johnson Field (writing for the Court), Robert Cooper Grier, Samuel Nelson, James Moore Wayne

Justices Dissenting
Salmon Portland Chase, David Davis, Samuel Freeman Miller, Noah Haynes Swayne

Place
Washington, D.C.

Date of Decision
14 January 1867

Decision
Federal and...