World Library  
Flag as Inappropriate
Email this Article

Ex parte Garland

Ex parte Garland
Argued December 15, 22, 1865
Reargued March 13–15, 1866
Decided January 14, 1867
Full case name Ex parte Garland
Citations 71 U.S. 333 (more)
Congress cannot punish a person for a crime for which the person has been pardoned.
Court membership
Case opinions
Majority Field, joined by Wayne, Nelson, Grier, Clifford
Dissent Miller, joined by Chase, Swayne, Davis

Ex parte Garland, 71 U.S. 333 (1866), was an important United States Supreme Court case involving the disbarment of former Confederate officials.


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 oath 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.


In a 5-4 vote the Supreme Court ruled that the law was indeed a bill of attainder 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.

External links

  • Works related to Ex parte Garland at Wikisource
  • Full text of the decision courtesy of
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.

Copyright © World Library Foundation. All rights reserved. eBooks from Project Gutenberg are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.