The tri-weekly news. [volume] (Winnsboro, S.C.) 1865-1876, 1866-05-24
The Test Oath.

ment as hmlted space VIII permit 1.-THE
able argument male before Judge Brs
kline, Of the U. S. District Court at Sa.
vannah, by Elk Gov. Brown on the
opening of that Court some few days
since. This argument was preceded by
one from that venerable advocate Judge
Law, which will also be given in turn.
Judge Trigg, of Tennessee and Judge
Busteed, Of Alabama, have severally
decided against the constitutionality Of
this test oath as sought to be applied to
the Bar, and it is hoped Judge Erskine
may find his convictions such as will
permit him to reiterate decisions so con-
sonant with the popular understanding
of what truth and justice, the Constitu.
ton and the Laws provide.
Nay it Pledse Yo,a' Honor:
am we'll aware Of the great impor-
tancc of the question now under consid.
Grafton. He who denies the validity of
solemn act of Congress on account of
its unconstltutionality, should do so with
Difference and respect for the department
Of the Government by which it is enac.
ted, as well as for the judicial tribunal
which is asked to declare it null and
void. | trust approach this question
in proper spirit, and with proper mo.
tives. In what | have to say L state in
advance, that it is not my intention to
reflect in the slightest degree upon tho
conduct, or to question the motives Of
any officer Of the Government After
the scenes OF anarchy and confusion
through which We have passed feel
much gratilied to see the military rule
once more give place to civil and to
see the courts once more thrown open
for the redress of grievances and the
general administration of Justice. I
trust they may never again be COMPEL.
ed to give place to military tribunals or
military rule. OF the peace and quiet
which is being restored to the country, l
would say as the English Commentator
says of his government, Esto pc,2ctua!
In the discussion Of this question | am
satisfied that reason and authority are
mure in demand than defamation or
even eloquenco. III possessed the lat.
ter, which [ do not clam, this is not the
proper occasion for its display. AS I
have copied most of the authorities
which cite literally and as they are
numerous and have not access at pres.
eut to some Of the books from which
thcyIare taken l shall read them, with
the exception of some three or four,
from the manuscript copy which | have
before me.
1t is solemnly declared in the great
charter Of English liberty, that No
freeman shall be taken, imprisoned, or
disscized Of his freehold or liberties, or
free customs, or to be outlawed or
cxlled. or otherwise destroyed or con.
DENIED, hut by lawful Judgment of his
peers, or by the law Of the land.
Judge Blackstone says of this provis
ion in the great charter, that it protect
cd every individual of the nation in the
free enjoyment of his life, and liberty
and his property, unless declared to be
forfeited by the judgment Of bis peers,
or the law Of the land. Com. vol 4,
page 424. Again, in vol |, page l39,
w -h'N ~ " N"ttOby vi uUCItlJ
statutes, it is enacted that no mans
or goods shall be seized into the kings
hands against the great charter and the
law Of the land and that no man
shall be disinherited nor put on.
of franchises or freehold, unless he
be duly brought to answer and be fore
Judged by course of law; and if anv.
thing be done to the contrary, it shall
be redressed and holden for none.
Mr.. Vattel, in his standard work upon
the law of nations, page 33. while treat.
ing ofthe principal objects Of Good Gov {.
ernment says: The society is establish.
ed with view Of procuring to those
who are its members, the necessares,
conveniences, and even pleasures Of life,
and, in general, everything Necessary to
their happiness--of enabling each indi.
v!dual 20 enjoy his own property, and to
obtain Justice with safety and certainty.
Again, he says: The State ought to