Gallipolis journal. [volume] (Gallipolis, Ohio) 1837-1919, 1867-01-31
/ law. Bnt MIR Jetferson was no


out his notions, whatever they might
be, untramelled by courts or any
other power. We had thought his
example, in this day, could find in
the Republican ranks no yindlcation.
The occasion of these remarks in
the Gazette is two decisions lately
made by the Supreme Court. The
one case was that of the Indiana
conspirators trial before court mar
tial. The court una nimously decided
that the trial was void, because bysa
law Of Congress they were required
to be tried before the q. S. Court.
This decision vindicates and sustains
law of Congress, holding the act OF
the Secretary Of War void, which was
in direct conflict with that act.
Some remarks were made by Judge
Davis in his opinion, which might be
construed into holding the trial ille-
gal if there had been no ouch law OF
Congress forbidding it But even
these remarks may be understood in
different meaning. Be that as it
may, these private opinions Of the
Judge are entitled tor more weight
than those of the lawyers who argued
the case.
The other case were two, involv-
ing the validity OF the oath required
of attorneys and clergymen. The
csurt, by one majority, held that it is
bound to allow one heretofore ad-
mltted as an attorney of that court
to continue his practice without tax
ing the cath over again and in the
form prescribed. 1t by like major
ity held that the Missouri law re-
quiring clergyman to take the test
oath before being allowed to preach,
unconstitutional and void.
We do not believe in the correct
ness of either Of these decisions. We
believe that Congress and any State
can, at any time, declare by law who
may aRd who may not act as attor-
neys in their respective courts. So
we believe that State has a right to
prohibit the preaching OF treason,
and require its public teachers to
take an oath that they have not been
guilty Of treason an will not be in
future. In the last case, the State
has only to change its law by declar
ing it penal for any one to exercise
the Office Of preacher without sub
mitting to certain tests, and punish
ing for preaching any sermons STIR
ring up resistance to the government
But these decisions are of no i'm
portance. Decided by q bare ma
jority, the decision is of no authority.
The death OF Judge Grier would
leave the court equally divided On
the question, end ne future decision
of the like character could be had, as
no new Judge can be appointed.
The Judges making these decis-
ions have stepped aside from their
duties as Judges, as they did in the
Dred Scott case; they have sought to
control the policy of Congress on
certain political questions, and will
find themselves where fancy and his
associates did, subject to the con-
tempt and sceBn of the whole legal
profession, while. their opinion was
over-ruled in every court where the
same question came up for consider
alton.
The remedy for these accidents is
to cease appointing mere partisans
for Judges, or rather mere politicians.
Men who are sound lawyers and hon
est men should be appointed, and
not the creatures of political cabals
and party recommendations. Ali
parties are committing the terrible
mistake OF selecting partisans, who
have little or no reputation as law
yers, for Judges. But we must en-
dure the evils for. the present, well
knowing that the law will in the end
prevail and be vindicated 1t is a
poor remedy for the corruption or
ignorance of court, to violate the
plain letter Of the constitution itself,
or urge upen others to do it.