The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1866-06-05
rhe TealOaill.

Alexander ] 2. Garesche, OF st. Lonis'
in n letter to the st. Louis Republican,
gives positive evidence that the Judg-
ment If the United States Supreme
Cont has been made up against the con-
stitutionality of the test oath. Mr.. u.
having been one OF the suitors, was in
timateIy acquainted with the proceed
ings.
He saws when the Garland case was
argued, the Court divided on IT. FOL
the oath were Chief Justice Chase, ana
Justices Davis, of Illinois, Swayne' OF
Ohio. and Miller, of Iowa Against III
were Justices Wayne, of Georgia, Urler,
of Pennsylvania, Clifford, of Maine, and
Field, of California. Absent, Justice
Nelson, of New York, and vacant, the
seat of the late Justice Catron. Some
time then elapsed, in the hope that Con
gress would repeal the oath; and 1t
must, no doubt, still be remembered by
YOUR readers that Thad. Stevens, in the
House, moved to that effect, and that he
was said TO have done so at the instance
of large number of Black Republicans
who had met at Mr.. Chase's house, and
because there told OF the decision at
which the Court had arrived, or there
could be no doubt what would be the
result. with such a jurist as Judge Mel
son holding the casting vote.
Congress doing nothing, though am.
ple time was allowed, the court then, OF
itself, ordered a re-argument OF the
Garland case for the I'd of March. L
then renewed the motions in the Nilsson
ri cases, and the court postponed the
Garland case until the 9th of March.
and for the same day set the Missouri
cases. In its answer TO these last mo-
lions tho court used the following sig
nificaut language: That when az the
outset of the term the motions had been
overrued, it was in the expectation
that the State would have moved in the
matter But rs there seemed to be now
no expectation that that hope would be
realized it was right that the cause
should be decided, and hence the motion
to set them for the 9th of March was
sustained. Those familiar with the
action OF the Supreme Court will
appreciate the force OF this language;
action of State or Congress, unless duty
required it Such language was utterly
useless ii the court intended to sustain
the odious oath. have not alluded to
my own knowledge Of what the decision
will be fl should permit myself to
relate rhat ! kHOlp, this oath will, when
the court proneunces its decision, be
declared unconstitutional, and for such
reasons will become dead-letteT.
In connection with the same subject,
we find published the following letter
from Rrvcrdy Johnson to Mr.. Hogan, OF
Missouri. The Missouri oath IS very
similar to the one enforced in West Vir-
ginia, and the point involved is, there
fore, of great interest to our citizens:
WASHINGTON CITY, ID. C,
SENATE CHAMBER, May 80, 1906.
DEAR SIR:-Your note of the 23th in.
slant is received The inquiry you make
| answer briefly The main question in
the cases of Garesche and Cummings, to
which you refer, was, whether the test
oath required by the Constitution of
Missouri was constitutional. Ga the
part of those gcntlemcu, my associate,
Mr. David Dudley Field, of New York,
| and ny self, maintained that il wls not,
because OF the provision IN the tenth
section of the first atcjc of the Consti.
! tutiun of the United States that no State
| shall pass any hill at attaindeT or "eC
most tfct0 law" To this conclusion a
maiprity Of the court came, as was well
known "A few daya before lie close of the
term 1t was also knOwn-certaiuly
was known ~ me--that the failure to
announce the decision was not bccan>e
any one of the iddges constituting the
majority then douhted upon the qurs
ton; hut suppose it was mainly owing
to he fact thar the Judge sci, cted to de.
H-cJ Inc opinion had not timc before ihr
close of the term 90 ptepare such a one
rs the impOriauC" aud gravity of the
question required. That this will ne
done during the recess. and that it will
be delivered at the next tern, have uc
doubt And | cannot forb.ar to add,
that when it will be done, the cause of
constitutional liberty and religions free
dom will be secured against all attempts
to strike at either that may be made in
periods Of temporary excitement, and
oblivion of the rights of the citizen, and
the truc interests of the country.
Very respectfully your obi Scrv't.
RFVEEDY JOHNSON.
Hon John Hogan, House Of Represent
ativeS