The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-15
washington news.

WASHINGTON, Jan. 14..-Associate
Justice Field to-day delivered the
opinion of the Supreme Court in the
Missouri oath case, John @. Cummins, II
Roman Catholic Priest, who was in
dicted for preaching and teaching with
out taking the oath prescribed by the
Constitution of the State. being plain
tiff in error. The Court decides the
oath in this case unconstitutional, be-
ing in the nature OF a punishment
without trial and in its character er
post JGctO, and as bill of attainder the
judgment of the courts below is re-
versed, with direction that the plaintiff
shall depart without delay.
Associate Jutice Field also deliver
the opinion of the Court in the ex parte
case OF Garland and Mari, who, taking
part in the rebellion, ask to be read
mitted TO pShctlce in the Court. Held, as
the statute imposes punishment which
may not have been imposed at the
time the offence was committed, it is,
in its nature, an eX post facto law. At
torneys are not officers of the United
States. They are officers OF the Courts,
and hold their offices during their good
behavior in the Court, and are not the
register of edicts of any other power.
The applicants obtained Il pardon from
the President, which relieves them from
the consequences of their offence, and
makes citizen, in the eyes of the law,
what he was before it was committed.
Congress cannot limit the prerogative
of mercy, which cannot be filtered by
legislative restrictions. 1t followed
that the prayer OF the petitioner must
be granted, and also the prayer OF Mr..
Mari. The rule which requires attor-
neys to take the test-oath must be re-
scinded.
Associate Justice Miller for himself
and Associates Swayne and Davis read
dissenting opinions, and maintained
that to practice in court is privilege.
Attorneys are subject to legislation the
same as judges. The law makes no dis
tinction, but requires all civil and mill
tary officers TO take the same oath as
attorneys, and exert a MAJ ked intlu-
ence on the character of government.
Ifall the attorneys in the South had been
faithful to their allegiance and had been
required to swear, we should have been
spared the horrors of rebellion. 1t was
not claimed by majority of the court
that the law works as an attainder of
blood, therefore this is not bill of at
tainder, nor does it appear as connected
with any designated persons or declare
the punishment of persons, who array
ed themselves in hostility to the gov
eminent, and gave aid and comfort to
an enemy for their right to appear in
court. This was not n criminal but
civil proceeding, which affected the
private right retroSpectively. With
regard to the Missouri case, the question
involved rested with the Stale. The
constitutional restriction that Congress
shall make no law abridging the free
dom of religion was not applicable.
Justice Story says the whole power
was left to the State to be exercised ac-
cording to its Judgment. The constitu-
ton of Missouri says no such persons
as are described shall exercise their
functions unless they show their loyal
ty: Cases were quoted in support of
this point.
WASHINGTON, Jan. 14.-It is under
stood that the President. to-day, NOM
mated Senator Cowan as Minister to
Austria.
The committee on Territories instruct
ed MIR. Ashley to report his amendment
to the bill to re-estabIish civil govern
nent in North Carolina, as a substitute
Tor Mr.. Stevens bill.
The total receipts of internal revenue
since the LIST of July, is $IT5.47l ,lS5. 1t
is thought the entire receipts for the
year will exceed all estimates by TWEEN
" or even thirty millions. 1t appears
from official documents that nearly six
millions of internal revenuelwere col
lected in the first collection district of
Illinois during 1866.
In three-fourths of the year 1866
2S6, 496 persons arrived in the u. S. from
foreign countries.
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