Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1867-01-15
photographic.
FROM WASHINGTON,

souri, test oath case, John 9. Cummins,
Roman Catholic priest, who was indicted
tor preaching and teaching without taking
che oath prescribed by the Constitution o
The State. being plaintiff in error. The
court decides the oath in this case uncon.
.tttutional, being in the nature of punish
ment without trial, and in its character
er post JactO, and as bill of attainder
The judgment of courts below is reversed
with directions that plaintiff shall depar
without delay.
Associate Justice Field also delivered the
opinion OF the court in the e1 pdrte case OF
Garland and Marr, who, taking part in the
rebellion, ask to be readmltted to practice
The court held, as the statute imposes pun.
ishment which it may not have imposed
at the time the offenSe was committed, It IL
In its nature an eI post tdctO law. Attor-
heys are not officers of the United States
They are officers of courts, and hold their
offices during good behavior. The court Il
not the register of edicts of any other pow
er. Theapplicants obtained pardon from
the President, which relieves them from
the consequences of their offenses, and
makes citizen, in the eyes of the law
what he was before ii was committed
Congress cannot limit the prerOgative OF
mercy; 1t cannot be filterad by legislative
restriction. 1t follows that the prayer OF
the petitioner must be granted, and also
the prayer of Mr.. Marr. The rule
which requires attorneys TO take the test
oath must be rescinded.
| Associate Justice Miller, for himself,
Chief Justice and Associates Swayne and
Davis, read dissenting opinion, maintain
Ing that practice in court Is a privilege.
Attorneys arc subject to legislation the
same as judges. The law makes do distinc-
tiun, but requires all civil and military
| officers to take the same oath. Attorneys
| exert marked influence on the character
OF the Government. If all the attorneys
In the South had been faithful to the allie
| glance they are required to swear, we
should have been spared the horrors of re-
bellion: Itwas not claimed by majority
| of the court that the law works corruption of
| blood; therefore this Is not q bill OF at
tainder, nor does 1t convict persons or de-
| clare punishment. Persons who arrayed
| themselves in hostility to the Government
and gave aid and comfort to the enemy,
| forfeited their right to appear In court.
| This was not criminal, but a civil pro-
ceeding, which affected private rights re-
trospectively.
With regard to the Missouri case, the
| questions involved rested With the State.
| The constitutional restriction that Soon
| gress shall make no law abridging freedom
of religion was not app icable. Justice
Story says the whole power was left to the
| State, to be exercised according TO its
| judgment. The Constitution of Missouri
| says no such persons as are described shall
exercise their functions unless they show
| their loyalty. Cases were quoted in sup
| port of these points.
| AshIey's Substitute.
OnTuesday Mr.. Ashley will present the
| bill agreed upon by the Territorial commit
| tee as substitute for Mr.. Stevens bill. 1t
: abolishes present Southern State Govern
: nents and all laws made in pursuance
thereof; calls upon all male citizens over
twenty-One, who can swear they would not
have aided the rebellion after the 4th of
. March, 1864, and would have complied
, with the Presidents proclamation of
I the Sth of December, 1863, if opportunity
had been offered them; who can swear they
| never il-used Union soldiers, and will
hencefOrth bear true allegiance to the Gov
| ernInent, to organize constitutional gov
ernments in their respective States. 1t
| calls for a convention in Southern States of
, delegates who can swear they never vOlun-
J tarily aided the rebellion in any way.
These conventions shall determine If they
will acceptthe terpfaproposed by Congress,
and IL so, shall appoint commissioners to
J provide for holding elections, adopt a new
I Constitution, elect State. officers and pre-
| pare for admission into the Union. Each
Constitution shall provide against slavery,
4 and all laws shall be impartial regarding
1 race and color. The rebel debt shall not be
| paid, Dor loss from the emancipation of
slaves. Free schools, without distinction
| of color of pupils, shall be established. No
person that held civil, military or naval of
| fees in the Confederacy shall be allowed
| to, hold any office except by a two-thirds
| vote of the Legislature. In case of rebel
| lion Congress shall have the right to declare
| the cessation Of its relations with the re-
bellious State until the State is thoroughly
purged of its disloyalty. These Constitu-
tions must be ratified by majority of the
| people of the State who can take the oath
of loyalty. After she ratification of these
| Constitutions, Senators aud Representa-
tives shall be elected, but not admitted
| until Congress declares the State entitled
| to representation.
1t is further provided that in case the
States decline to accept these terms, they
| shall submit to Congress plan of restora-
| ton, providing said plan recognizes the
| Constitution of the United States as the
supreme law of the land; that the State
Constitutions shall guarantee to all free
dom and equality before the law; suffrage
shall be impartial without regard to race
or color; the rebel war debt and compen-
sation for slaves shall not Sbe allowed by
said State, or claims be brought against the
United States for them. All laws recog-
niZing slavery, or which excludes testimo-
ny of persons of color, or denying the
right of trial by jury, or make color dis
tinction, shall be null and void also, Pro-
vsional Governments may suspend the
writ OF habcas corpus In case of resistance
Of authority, and call on the Government
tor aid. li -"I .'' T'o
A proposition is made to divide Texas
into two States before readmission to the
Union. fs,. ga H.. l.ltf.
Franch Troops Commenced Embark
ing from mexico r.
New YORK, Jan. 14.-The Tribune's
Washington special says: Government las
received information from Vera Cruz that
several Transports have already arrived and
French troops have commenced embarking.
There are twenty-four large transports,
which WILDE sufficient to remove all the
troops. tits expected all will have embark
ed by the lst of March.
stevens Enabling Act.
The Tribune's special says: On Tuesday
Mr.. Stevens will call up his Enabling act
and endeavor to force it to vote on We'd
nesday. Petitions received from large num-
bers of Southern loyalists in the South say
they prefer this bill to that PROPOSED by
Cow Holden and Mr.. Pool.
senator COwan Nominated ms Minis
ter TO OAustria-Ashley's Amendment
Internal nue-Imniigra
Itis understood that the President to-
day nominated Senator Cowan as Minister
to AUSTRIA Sat - ~te