Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-15
Supreme Court Decision In the Nilsson.
II Oath CRSa.

MASHISGTOS, January l4.-ASsOClate
Justice Field to-day delivered the opinion
of the United States Supreme Court in the
Missouri oath case, c. Cummius, a
Roman Catholic priest, who was indicted
! for preaching and teaching without taking
the oath prescribed by the constitution of
that State, being the plaintiff in error.
The court decided the oath in this case un.
constitutional, being in nature of punish
ment without trial, and in its character
ex post facto and as a bill of attainder the
Judgment of courts below is reversed, with
! directions that the plaintiff shall depart
without delay Associate Justice Field
also delivered the opinion of the court in
the eX parte case Of Garland and Mari,
who taking part in the rebellion ask to be
readmitted to practice. The court held
az the statute imposes 4 punishment which
it may not have imposed at the time the
otiense was committed, it is in its nature
an eX post iactO law. Attorneys are not
officers of the United States, they are off
GERS of the courts, and hold their offices
during good behavior and the court is not
the register of edicts Of any other power.
The applicants obtained pardon from the
President, which relieves them of the CON
sequences Of their offenses and makes them
citizens in the eyes Of the law. What he
was before 1t was committed Congress can
not limit the perOgative of mercy,
it cannot be filtered by legislative re-
atriction, and il followed that the
prayer Of the petitioner must be granted, and
also the PRAYER of Mr.. Mari. The rule
which requires attorneys to take the test
oath must be received. Associate Justice
Miller, for himself, and Chief Justice and
Associates Swayne and Davis, read the dis
senting opinion, maintaining that practice
incurred as a privilege, and Attorneys are
subject TO legislation the same as Judges
and lawmakers, there being no distinction,
but requires all civil and military officers
to take some oath. Attorneys exert a
marked influence on the character of the
government; if all Attorneys in the South
had been faithful tOtheir allegiance as they
are required to swear, we should have been
spared the horrors of rebellion. 1t was
not claimed by a majority of the court that
law works are an attainder of blood, there
fore this is not a bill of attaindsr nor does
itappear to have convicted any designated
persons of declared punishment. Persons
who arrayed themselves hostility to the
government and gave aid and comfort to
the enemy, forfeited their right to appear
in court. This was not a criminal, but
civil proceeding, which affected private
rights retrospectively. With regard to the
Missouri case, the question involved rested
with the State, and the constitutional re-
striction that Congress shall make no law
abridging the freedom of religion, was not
applicable. Justice Story saws the whole
power was left to the State, to be exercised
according to its own judgment. The con-
sututIon of Missouri says no such persons
as are described shall exercise their fuuc-
lions unless they show their loyalty. Cases
were quoted III support Of these points.