The New York herald., 1866-03-19

and their breakasting toccth n..o,,ora6
remark.
SERVICES IN THE CAPITOL.
Rev. J. r. W. Sloan OF New York, preached tbi,,
morning in the hall of the House Of Rcprcss"'. 90
large number Of coasrss--:...ccaa were present,
THE Ma -iosAL BANKS.
There are now six hundred and forty three national
banks with crculations amounting "a t20i and
total capital Of $4i2, ,eoa,23o.
United States Supreme Court.
Cxmmings vs the State Of Aissouri, and GoesnAe ".
Sams. Hon. J. p. Henderson, Senator from Missouri,
and George p Strong, Of st. Louis appear In behalf
Of the State In these cascs and make in substance.
the following argament:The Importance Of these
will be apparent from the fact that Is not ordinary
act OF legislation, but provision Of the constitution
fundamental law of the State that is sought 10 be
nuled This believed to be tho FIRST instance In which
constitutional provision Of Of the States has been
called question before this tribunal since the adop
ton Of the federal constitution The judicial power Of the
federal Is limited In such 70 questions
arising under the federal constitution. and does not
extend those arising under the constitutions OF the
several states This power should be- and by this
always has been exercised with great caution whenever
II has been asked 10 annul an act Of State Legislature
~. % O. Ss ion OF
should be clear and palpabe Tho separate States
originally possessed or all the attributes OF Sovereignty.
tho people may have parted with them In forming the
federal constitution and among the rights reserved
upon principe and by unyarying usage boyond
question o. dispute Is the exclusive right Of
oiceholders and the terms and conditions upon which
members OF the political body may exercise their various
cangs and pursuits within is jurisdiction These pro-
visions OF the Missouri constitution come within the
range OF these reserved rights and neither bills OF
atainder. of pains and penalties p aco laws
laws impairiug the obligations OF contracts They
Satehat Is to prescribe who shall be voters who shall
hold Office who shall exercise the profession or the law
and who shall mould the character of the people by be
coming their public teachers Bills OF pains and penal
ties and post Jdco laws are such as relate exclusively
TO crimes and their punishments. Not one Of the
examples cited in considerable number OF such bills
post to laws bears any resemblance TO the constitu
tona provisions this court Is called TO pass upon
They in terms acts defining and Furnishing crimes
and they designated the TO be affected by them
and did not leave i optional whether they would suffer
fessedly dealing with qualifications for voting, holding
office aud pursuing ceria cangs 1t does not purport
to be dealing with crimes or their punishment 1t has
coercive power whatever upon those who do not
choose furnish evidence of the qualifications required
and accept the privileges conferred. Every private
calling IS subject to such regulations as the
State may SEQ fit to impose The privilege Of
OF exercising the functions OF public teacher OF the
people, have always been the subjects Of legislation, and
may be withheld or conferred as may best subserve the
public welfare. Private rights have always been held
Subordinate to the public good Even the freedom Of
religious opinion and the rights OF conscience which we
so highly prize arefsecufed 10 US Dy the STATE cohuu
tions and find protection In the constitution OF the
United States. II any State unwse as 70 estab
lish State religion, and require every priest and
preacher TO be licensed before he attempted preach
toach there Is clause in the federal constitution
that would authorize this court TO pronounce
tue act unconstitutional or void. IL Is alleged
that these provisions impair the obligation OF
the made by the State with Mr. Garesche when
he received his license TO practice attorney at law.
What contract nader He did not undertake TO
tce did the State engage thai he should be retained
by single client granted him the privilege OF ap
pcaring In her courts the attorney at law Of suitors
parties TO suits; but no obligation was entered INTO on
either side Ar Garesche could practice or not, as hc
1t He under the obligation Of q COM
carrier to recove and transact such business as
might be hrought to him. was q naked privilege
objection he soud not fulM hiS engagement with
client by OF this oath would lie With equal force
against any law that might arrest and punsh him for
crime II no had been convicted and executed Dor
CATION Of his contracts would have been affected the
same way there would have been personal inability
his part TO perform them This osah Is not test OATH
has been termed test oath, properly SO termed
may be said be declaration, under oash OF political
or religious opn,ons The Missouri oath requires cz-
preston Of opinion but declarson OF acts, winch enter
directly into the eamsnls u Qualifications required tor
the exercise certnn franchises privileges and II
deals with each individual only reference TO civil quail
ihcationA But gravey told Nils III not an oath Of
loyalty but an oath Of dsoyay to tho government oi
the United States because requires declaat'on that
Juror has not taken arms against the government
OF the state The constitution Of she United States
part of the governme OF the State Ls much tho
OF the people OF Missouri e state const
tuos Those who defended thc one defended tho other
The ktac government ss naver hoswe 70 tho federal
govsfnnen The hostility Of Governs Jackson was IN
d!yduai and personal aud intended TO suo' oosa
State and federal governments Hamilton, jefferson spo
Chief Juctce Mckeon agreed In the oIanion thai the
federal and state governments are as parts OF each other