The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-01-16
The Supreme Court Decision.

from the Tribune
The Supreme Court, on Monday, by majority
of one, aunulled as unconstitutional so much of
the present Constitution OF Missouri as precudes
those who participated in or sympathized with
the late Rebellion from officiating as ministers
of religion, as teachers in schools or as legal
advocates in Court. The opinions we're pro-
nounced by Justice Stephen J. Field of Cali.
fornIa, with the concurrence of Justices David
Davis of Indiana, Nathan Clifford OF Maine
Samuel Nelson OF New York and ROberr O.
G-ier o. Pennsylvania. The two first named
were nominated Oy President Lincoln; the other
three By his Democratic predece ~sors.) Justice
Samuel f. Miller OF Iowa read a dissenting
opinion, which was concurred III by Chief JUS
uce Chase OF the District OF Columbia, and JUS
uces Noah H. Swayne Of Ohio and James NJ.
Wayne of Georgia. (Ihe last named was
appointed by General jackson; the other three
by Mr. Lrncoln).
The elounos upon which rhls decision is made
may be briefly stated. 1t Is argued That the
test-Cath Is direcCed aga INST acts not defined i'm
any code as criminal; ior instance, the mere
expression Of sympathy with rebellion; that
such acts had no possible relation 10 the lawful
pursuits OF the persons cohmlttlng them; that
the oath COutravenes the clause OF the onstitu-
tion Iorblddlng any state to pass a bill OF at
tainder or eG posi- toctO law; that the oath is in
effect both of these, because, by an evasion OF
The O. institution, 1t imposes the penalties of
bill oi attainder and an er post TdctO law. and
that the Constitution deals with things, not
names; that the oath is er post fdctO because
some OF the acts Tor which il imposes the
punishment OF deprivation from office, etc.,
were not known as Ofenses when the acts were
committed; that it subverts the presumption OF
innocence, and perverts the rules OF evidence,
presumlnP the party 70 be guilty, without trial;
that 1t imposes penalties without the form OF
judicial proceedings; that if the oath is legal
the Constitution may be evaded at pleasure,
and individuals deprived OF their civil rights.
The opinion OF the Court upon the constitu-
tionality OF the test-oath imposed by Congress
upon attorneys and counsellors Is based on smi
/ lar grounds, II holding additionally that attor-
neys are not officers OF the United States, and
that the Court is not the registrar OF the edicts
OF any other power, 4. e. Congress, and that
Congress cannot impose qualifications as a
means Of punishment. 1T further holds that in
the case considered the petitioners had received
full paldOns from the President Tor taxing part
IN the Rebellion, and that Congress cannot
limit the effect OF pardon which constitution
ally restores 20 1ull citizenship.
The dissenting opinion OF Justice Miller holds
that practice IN the Courts is privilege which
Congress may limit, and not an exclusive right;
that attorneys are subject to legislation, equally
as Judges: that Congress has the power 10 pre-
scribe their qualifications, and that the oath
lmpo ed is not an unjust discrimination; that
the oath justly makes loyalty in the past, and
the pledge OF it in the future, qualification.
IL denies that the test-oaths are IN substance
bills Of attainder or ca post JQctO, ana argues
that they simply require the proof OF loyalty as
condition OF practice, and not as punish
ment AOr past otlenses, 1t holds that the Presi-
dents power to pardon does not dispense with
the laws; that "he may save a criminal from
the galIows, but L lawyer cannot by him be re-
admitted to the bar" We place the substance
OF the two opinions before our readers, with
. the belief that II that Of Judge Miller be not
the law, we have the mOnsrous anomaly of a
Con tltutiOn which gives treason the legal
! power to evade the consequences of treason,
/ and prevents Congress or theSta.es from making
loyalty qualification OF Office.
/ still we do not regret these decisions, the
more especially as they will be hailed with rap
/ ture 10y those who are IN a state OF chronic ner
/ yousness from apprehension that the States will
be AFFORDED or crushed out by "consolidatlon.'
/ Here is "soveTei yn State" overruled by bare
! majority Of the Supreme Court, and forbidden
/ 10 decree that traitors to her and to the Union
/ shall not teach her children, dispense RELIGIOUS
/ instruction 10 her people, nor practice in her
! courts. We do not OBJECT 10 this; and YOU
/ Messrs. State rights men will please make a
! note that Your oracles rejoice over 1t