The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-05-29
TNE TRE-WBEKLY NEWS.
The Test Oath.

can cohllscate the property, whether in
an office or any other kind, of a citizen
suspected of disloyalty, or having aided
in rebellion, and deprive him Of liberty
or property till he has proved, or, at
least, sworn to his innocence. I deny
it. Congress has no right to violate
the Constitution, either in peace or war
The rule laid down in the Consttu.
ton, III plain language, is this: No per-
son shall be held to answer for a capital,
CT otherwise infamous crime, unless OIL
presentmcnt or indictment of grand
jury. The exception 10 the rule is, that
persons in the land or naval forces, and
persons III the militia, when in actual
service, in time of war or public danger,
may be held TO answer without such in.
dlctment or prcsentment Of grand jury.
Nor can Congress deprive any person
mot without the exception of the life,
liberty or property, without due process
OF law. Congress may, by law, provide
for the forfeiture of the estate Of per.
son attanted Of treason, but then only
during his life time. There can be no
forfeiture, even Tor treason, till there is
q conviction, and the moment person
convicted is executed the forfeiture is at
an end. And as there can be no no cor.
ruption of blood, The estate, if inhcrita,
BILE, immediately descends to his legal
heirs or dcvisecs. In no other instance
that occurs to me now, does the Consti.
tuition give Congress the power Co for.
felt the estate or property of any one,
Tor any offence whatever except in the
case ot judges and other officers, on
conviction or impeachment, which works
forfeiture OF their estates in their off,
ces, bat OF no other property or estates,
and never before convictions
Congress has. therefore, no right to
deprive anv lawyer of his estates in his
Office, or OF any other property, mot
needed for public USE upon Just compcn.
sstion) until he has has been convicted.
Nor las Congress any right to make
him wtnesslo prove his own guilt, or
10 draw any inference Of his guilt from
his refusal TO answer. 7 Porter's Re
ports, 39l. Ia..
b 1t suppose [ we're to admit that
Congress does possess this power i'll time
OF war, ,antl that the act was vail dur.
ing the war, how does that deprive the
lawyer of hls Office now? The war is
at an end; and so proclaimed by our
noble, patriotic President. whose bold
standin favor Of the restoration OF conSti.
lIuional liberty to the whole country will
ondear his name TO poSterity when the
marble which may be placed over his
mortal remains shall have crumbled to
dust. The war is not only at an end,
but the whole South has acqueSced in
good faith in the result and her sons
whose honor is us stainless as then gal
lanIry upon the battle field was con
spicuous, have pledged that honor, un
der the soemnisy Of an OATH for their
future loyalty. That pledge will never
be violated. think your Honor will
MOI accuse me of vain boasting when |
say know something of the feelings
and sentiments Of the people of Geor-
gia, and | tell you to-day that, what
ever may have been their opinions as to
the original abstract question of the
right of secession, they have abandoned
it forever Since the days of Jefferson
and Hamilton, it has been, so TO speak, a
litigated question. and there was but one
court which had jurisdiction to pro.
nounca an authoritative decision in the
case-lhat was the high Court of Ap.
peals, recognized by all nations of uni.
versal jurisdiction, where grave litiga ed
questions between States and communi.
ties, that no other court has the power
to adjudicate, are in the last resort de-
cided by wager Of battle, This case
has been carried before that court.
Both parties were ably represented.
The case is decided; the Judgment is
against MS. We have already paid an
enormous bill of cost; but we acquiesce
in the result, and swear before Heaven
that we will abide by it in good faith.
Admit then, for the purpose of argn.
ment, that the law was valid during the
.... ..I ,,,haro hlipdinn tnrca