The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1867-01-19
THE TEST-OATH CASES.
Decisions by the United
States Supreme Court.
The Missouri Test-Oath. and the
Test Oath Imposed BY Con-
IS gress Upon Lawyers, De- -,
clared UneOnstitu-
CD - fi0nah E&EE 4A
Synopsis Of the Opinions Of the
Court as Delivered by Justice
Field.
THE MISSOURI TEST OATH CASE.

In the supreme court Of the United States
Jan II, Associate Justice Field said he
had been instructed to deliver the opinion
IN the case of John A. Cunmins, plaintiff
in error. against the state of Missouri. in
yolying the constitutionality OF the test-oath
Oh that state. The plaintiff was a Roman
Catholic priest, and was convicted BY the
courts for advising and preaching without
having first taken the required OATH and
sentenced to pay fine OF $500. and com
mitted to Jail until paid. On appeal from
the circuit court the supreme court of the
state affirmed the judgement. The follow
ing is a mere outline of the opinion:
The oath by the constitution of that state
imposes more than thirty distict affirmations
and tests. Some of them constitute offences
of the highest grade, to which the highest
penalties are attached; some OF them are
not statute, while others are not blamewor-
thy. They require him not only to swear
that he was not in hostility to the United
States, but that he never manifested adher-
ence to the cause of the enemy, or desired
a triumph over the arms Of the United States,
or that he never expressed sympathy for the
rebels, or ever sought to promote the ends
Of those engaged in war against the United
States authorities, ever left the state to
military duty, or ever expressed his dissatis-
faction with the government. Every person
unable to take this oath was declared inca
pable of holding Office Of trust, honor, or OF
acting as a trustee or manager of any cor
poration now or hereafter TO be established
or of teaching inany educational institution
or holding real estate for religious societies
or congregations, DC; and every person
holding such Office at the time the constitu-
tlOn went into effect, was required within
sixty days to take the oath: and in default
of the taking the oath, his office becomes
vacant. No attorney at the bar, priest or
preacher is permitted to teach or solemnize
marriage without taking the oath. False
swearing is made punishable bv imprison-
ment in the penitentiary. This oath is with
out any precedent in this country which the
court could discover. II is first retroactive,
and if taken years hence would cover the
Intervening perfoe. IN other countries test
oaths were limited to the present and were
not administered III particular instances of
misconduct. Secondly, the oath is not only
directed against individuals who opposed the
acts of the government but denounces their
desires and sympathies. Il makes no dis
fiction between acts arising from malignity
and acts springing from affection. If any
one tNtT eA pftshtd SYM dtliY LOT the reDel-
lion, even If he were connected by the clos
est ties of blood, he is declared unable to
subscribe to the oath, and debarred from the
employment specified. The court admitted
the proposition of the learned counsel of
Missouri, that the state possessed all the at
tributes of sovereignty, and among the rights
reserved to the state was the power to de-
terrnine the qualifications for Office and the
conditions on which citizens may exercise
their caiiings and pursuits within its juris-
diction; but it by no means follows that the
state can intiict punishment for acts which
were not punishable when. committed. 1t
was evident from the nature of the pursuits
and professions of parties placed under dis
ability by the constitution of Missouri TINT
their acts had no possible relation to their
fitness for their pursuits and professions.
there was no connection between the allepa.
ton that Cummins left the state to avoid the
draft and the administration of the sacra-
ments of the church ); nor do facts of that kind,
or words of sympathy for those in rebellion;
show the unftness of LAWYERS, or professors.
or teachers, or their want Of ability in acting
as managers or trustees Of corporations.
1t was manifest ON the simnle statement