The Richmond palladium. [volume] (Richmond, Ind.) 1855-1875, 1867-01-17
The Missouri Test Oath,

Associate, Justice Field, on Monday,
delivered an opinion in the United States
Supreme Court in Missouri, in the test
oath case. > John Aluminus, a Roman
Catholic Priest, who was indicted for
preaching and teaching, without taking
the oath prescribed BY the Constitution
of the State, being plaintiff in error. The
Court decides the oath in this case I'M
constitutional, being in. the nature of
punishment. without trial, and in its
character er pest facto, and as bill of
attainder, the judgment of the Courts
below is reversed. with directions that
the plaintiff shall depart without delay.
TUE UNITEp STATES TEST OATH
- Associate Justice Field also delivered
the opinion Of the Court in the er parte
case of Garland and Mari, who, taking
part in the rebellion, ask to be readmitted
to practice. The Court held that, as the
statute imposes a punishment which
may not have been imposed at the tim e
the ofense was committed, it is in its
nature an er post tacto law. ATTORNEYS
are not officers OF the United States;
they are officers of Courts, and hold
their offices during good behavior. The
Court is not the register of edicts Of any
other power. The applicants obtained a
pardon from the President, which re
lieves them from the consequences of
their offenses and makes the citizen, in
the eyeiof the law. what he was before
the ofense was committed. Congress
can not limit the prerogative Of mercy
It can not be lfettered by legislative res
friction } It 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must be rescinded. Tz39Io1 20 39ts.
ac Associate Justice Miller for himself,
the Chief Justice, and Associates Swayne
and Davis, read a dissenting opinion,
maintaining that practice in Court is a
privilege; attorneys are subject to legis- :
lationt the same asaJudges. The law
makes no distinction, but requires all
civil and military officers to take the
same oath.s Attorneys exertca marked
influence on the character of the Govern
ment. If all attorneys in the South had
been faithful to the allegiance they are
required TO swear, we should have been
spared the horrors of rebellion. 1t was
not claimed by the majority Of the Court
that law works attainder of blood, there
fore this is not a bill of attainder, nor
does it appear that it convicted any
designated person. or declared punish-9
ment to persons who sarrayed themselves
in hostility to the Government, and gave
aid and comfort to the enemy, forfeited
their rightto appear in Court. aaigs q
This was not . criminal but civil pro-
ceeding, which affected private rights
retrospectively.i s5allcgeI AIS atf1a . aI
With regard 10 the Missouri cases the
. questions involved rested with the State;
the constitutional restriction that Con-
gress shall make no law abridging the
| freedom Of religion. was not applicable
Justice Story says the whole power was
left to the State, to be exercised.accord-
| ing to its judgment. The Constitution
of Missouri says no such persons as are
described shall exercise their functions
unless they show stheir loyalty Cases
were quoted in support of these points,
/ The sentences of all the Fenian pris-
oners condemned to death in Canada
have been committed to terms of impris-
fonment varying from fifteen to twenty
years President Roberts fears have
been realized. Neither Colonel Lynch
nor the Rev. Mcmahon will be sacrificed
for the good OF the cause. 4 martyr
was needed to keep alive the spirit of
I the organization. Inasmuch az sacri
| fee seem to be an irnperativp necessity