Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-01-19
TIE GREAT pECIsEONs.


We print this morning, and direct the
particular attention Of the public to the
decisions Of the Supreme Court delivered
on Monday last Questions Of graver i'm
port were never submitted to a judicial
tribunal, for they involve the very essence
Of civil an6 religious liberty.
The hrss in order and in importance
though the same principle applies to both,
is the Missouri testoath case 1t came
before the court on the appeal Of CATH
Ole priest, who had been indicted and
convicted foz performing the functions Of
his Office in the State Of Missouri, in de-
aance Of the provisions q the cOnstitu,
ton Of that State making it INSIDE
meanor 10 do 50 without taking the test
oath. which is similar in substanceto that
required Of voters and Office holders in
this STATE. The decision reyorses the
action Of the State courts, and pro
nounces the provision Of State
constitution or law enacted there
under, requiring such an oath, q yio-
latiou Of the constitution Of the United
Slater The argument Of the deci-
sion is that such oaths imposing
civil and political disabilities, and in ron
aict with that clause Of the fundamental
law which prohibits the States from pass
ing bills Of attainder and er post .tdeto
laws ana that no State, under its admit
ted right to prescribe the qualifications
for the exercise Of civil rights and the
enjoyment Of political privileges, has the
power to so order their qualifications that
they become a punishment for alleged
crime whereof the citizen has not been
adiudged guilty by the courtA The rea
soning. by which it is shown that the
constitution has sscrediy sAielded these
inalienabls rights, and provided that they
cannot be directly or indirectly Invested
ont Of the citizen except as q punishment
Cor crime Of which he has been duly Son-
v;e,ed is conclusive 1t clearly exposes
the haerspt despotisni Of eSpurgatory
oaths ana proves 70 q demonstration that
to suffer them will work the subyersion 0i
republican liberty, and invort the or
der Of Justice by assuming guilt and
Furnishing it by legislative act and
requiring the accused 70 e1euiPa'e
himself from penalties by an oath testing
his conscience. The moustrosity OF this
doctrine Of latter day loyalty Is IN
yelled. AMI lie incompatibaity with the
spirit and letter Of the constitution COM
pletely established. ltiss magterly legal
psper. imprOgnsble in its positions, and
destined to do valuable service IN the
nreseryatiou Of free Institutions
The second decision overturns the set
ofCongrsss requiring q test cath Of attor-
psys practicing in the Federal Courts
This is bssed on the ssue grounds a. the
sr.t and holds that On attorney lie an on
car Of the COURT over when Congress has
No control This opiuion is significant
,Iso. from the emphatic declarations IN
card to the extent and operation Of the
Presidential pardon, which II declares to
he a work Of rsgeneraaion-lnaking the
offender whole, and beyond sbe reach Of
nunishmsnt, direct or indirect
We havs not space 20 review these pa
pers in detsil, but commend them %
careful reading They comprise the law
~ tbs land interpreted BY lie chief exc