St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1866-04-19

/.
= The a above is but the merert outline ef
Judge s'uart's remarks. They struck mo
as not only able, but eminen,ly appropri-
ate. When, however. / looked, over tie
crowd. saw change had taken place.
The southerners looked pleased their f.
ces beaming with happiness. and evident
satisfaction. On the other side. there vas
sd : dismal aspect. Those Who were jubilant,
While the learned Judge whom they had
put on the Bench, disconrsed Of the crime
q treason. looked sour, and dlssatis6ed:
:'e'e''l scowled at the other parry, spd frowned
to.ards the bench, and whispered ..Bot-
.'e 'ernut" to each other, A storm WAS. brew
ing All looked A the grand jury, and the
grand jury locked grand. gloomy and Pc
sullar. " There were signs. # leniency on
the bench. TIL. pleased the soutbern.rs,
and equally iucensed the other party. soon
the grand jury retired to their ROOM. The
great crowd dispersed. and loi1er d arousd
the corners. They gathered in iule crowds
I g talk over what they had heard. One
party said. "a jas' Judge" But the. other
INSISTED he Was Democrat and they knew
't before they electedotim. The firss day
passed. The second came. and about ten
70 the morning. stepped in again 10 zee,
precisely as my mountain friend Vas doing,
what was ''going OIL" A tall, dArk7eon-
pfexioned man vas just t. en- IN the midst
# an (, rgument. At the bar on the uucon-
sti'utionalit, Of the following oath requir-
I'd of Ill free white citizens before exer-
risias the right Of suffrage:
ssss. II do. solemaiy swear / haye never aid.
81 or abetted in the rebellion. or. sought
for or held Office. civil or military, siacs
1861. under the So called confederate gov
'rnmeni. or the governmentssf the Sta1e Of
Vest Virginia" " szgssss -.
I. will be seen that this oath exelades
from the poll, all men who took sides With
] he South. in any way from private sol-
lier, upto the Major General This act
was passed in 1864. The, argument. was on
an Indictment fcuad last term aaainst q
man who had taken the oath, but Who vas
= .ympathizer with the rebellion. Heswas
charged with perjury. The motion, Of
course. was to sqn.sh, on the ground lhst
the law being in controvention Of the con
stiruti1n, vas not only voids6le, but void
ab i4itio. The constitution prescribing the
qualifications ofvoters is As follows
IAN white male citizens within this State
shall b. entitled to vote on taking the fol-
lowing oath or affirmation: 81 do solemn.
y swear TO support the constitution Of the
United States. and the constitution of the
State Of " est Virginia. y ~. ssss~s7
And this was, made iq 1852 The court
held the statute in question uuconstitution-
al, because it fixed another rule than that
enacted in the constitutions. He said he
was = member of the convention that form
RI the constitution, and. IS they sat and
wrote that instrument. they. did not intend
1t to act as post faeto lar but it was in
'ended BY its formers, TO give to Ill men
the right to vote, who would lay down
their arms, upon their taking the oath pre-
sclibed. The war was raging, within hes.
ing Of the convention of the members, @
hey del'berated and they fixed the quail
ifications to meet the stale Of things, aud
the circumstances Of the war. That o,n-
,t'tu'ional provision had not been repealed,
md was in force. The decision Of course.
ct the indicted party at Liberty. This uas
.he occasion Of another excitement. In tbs
evening ofthe same day, the grand jury
found an indictment against the Judge tor
:"alfeasancc in Office. So the natter
stands. The J"dgse is strong man and
vii probably weather the stern.
s7=z x