Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-28
ne II was committed or impose, penal,;.s


aes 81 rheh laal nal seen granted. y
was decided the refea NJ az he'd tie
{ ct ~ N e. pant 'dlfe law. The clause
81 tsa Nisso'ri constitution did rot IN
Terms define any crime, or declare punish-
mcnl Inflicted, bot rresni.ed the same re-
4 L as # ihe crime had been defined and
3 punishment preser bed Il aimed IT
eGtac persons who. dfectiy or indirectly,
Ind aided tlr rebellion, or escaped proper
responsibility OF citizens in time Of war, and
wa intended 10 deprive certain persons OF
Offices Of trust and emolument. Such de.
priva,ion 10 punishment, nor Is il . way
which is opened by an expurgatory OATH
Now some Of these were not offences where
tbs acts were committed, il was not then an
offence TO avoid the enrolment or the draft,
howmuchsocvcr Il might be a matter o.
con.urc.
Some OF the acts at which the constitu-
ton was directed were offences at the time,
but the clause which pfesc.ibes further
penalties is within the nature Of an er post
facfo law. The clause in question subverts
the presumption Of innocence AID perverts
the rules Of evidence, which, by the COM
mon Law, are Fundamental II presumes
the party 10 be guilty, and declares that IN
naeence can be shown only in one xay, and
ilat by expurgation Put this clause in the
form OF . legislative act and it would read
BE It enacted, ETC., that all persons In
armed hostility TO the United States shall,
on conviction, not only be punished as the
law provided at the time OF the offence, but
also rendered incapable Of holding Offices OF
trust. honor, or emolumeut, or exercise the
olice Of teacher Or a priest, ct. No one
could doubt that tins third article, il thus
rendered, would be or post fdcto, because it
would he adding new punishment for an
cid offence, for an offence not punishable 1t
the t'mc OF the enactment. IL would i'm
pose penalties without the form Of judicial
proceedings The constitution Of Missouri
imposed an oath which it would be mpossi-
BILE for ali to take The constitution Of the
Unite States cannot be eyaded In the form
hy which the power OF the State Is cxertsd.
If this can be accomplished by indirect
means the constitutional inhibition may be
evaded at pleasure. Take the case Ola man
tried for treason, and If convicted. ncvsrt Ac>
less tho Legislature might prescribe that
unless he took sn oath that he never did
The act charged. he should never hold Office
Of honor or profit.
SUPP ose the minority should get the con.
troll oil tho State government, nothing could
prevent them from requiring that every per
son, as condition Of holding office Of hons
~, profit, OF trust, should take an oath
tha, he never advocated, advised, or sup>
ported the imposition oil the present cxpur
cation oath. Under tins provision the most
ilagrant violations Of justice may be CONS
united. and individuals deprived Of their
civil rights. A question arose in New lork
IN 1885 upon statute Of the State which
involved an expu, CATION oath as . means Of
punishment. The subject was regarded 50
important ~ to engage the attention Of emf
nent lawyers and distinguished statesmen Of
the time. Alexander Hamilton de,nonstra>
ted that it was in violation Of the constit,i-
ton. which secured the rights and liberties
oi TIE people as tie result Of the revolution
l. was wise axiom that every man is be>
eved 10 bc innocent until he is proved
rniltv. The reyerslnt Of this was to hold
~ a hribcto perjury. II deprived the cit,.
rs OF the advantage oi leaving tnc bur
tea Il IlF ,ol ca hls prosecutor. l.,, us
~ e.a' 'ha, rid b, l1ry should remain
asla.afc l.sev,r, g.. tic >an.c liew wa,
,.eeratcd hy tie .'i3,ArY ora analogous
.4aea us !as .urt >r,d. re- cou,n>,on,
t=.f. n7t.t of ,it sn. ts-..t Ceur %. fhc
Sd - "is 0efl van ". ed. vith A.
,sefio 8 I, cntcr ~ .tsest Il ne 3rcuit
t.sff' 81 irke e,n ari alsa with aifr-
II Aid VIZ 81 t'n Il II caf ar ajfer
70 G"erisa saw 'rpli, .u-
~. enl s.r6t't AH.ta aithou' 81,
is-e ,ie IA ia lafi laaa sad he was
49, instructed deliver the opinion of tho
court III tho matter # tie petition ex partc
o. T. II. ia, land On the Goth OF .Inly.
lsG2. Congress PIE cribcd the form of an
cath 10 be takca w oiliee,s elected under
he constisutioa oil the J44ited states with
the exception Of the President.
On the oath OF july. ls65. Congress pass
ID n supplementary act. embracing a,tor-
neys and counscllor-. II provides that no
lcrson shall be admitted to the bar OF the
upreme Court %, the United States, or at
auy time after the 4,h OF March next be ads
united to the bar OF any Circuit or District
tonrt Of the tnitcd States, or the Court OF
lams as an attorney or counsellor. or be
allowed to appear by viriue II rnv previous
admission OF any special powers o attorney,
"'"Asa iit H'St th"eH ani seotCii9es INC oain
prescribed IN the act to prescribe an oath OF
obi !, approved July 2d. 1862, which said
"a h to le taken and prescribed shall be
prescribed on tho files 81 such court, and
tint my person vho shal falsely take such
oath shah he guilty Of perjury, and, on con.
sictien shall he hah'e to the pains and pen
aili's oi PERJURY and the additional pains
aad penalties presented in said act A. tho
December term, in 1850. the petitioner was
admitted rs an attorney OF this court, and
subscribed he oath required. By the rule,
the attorney, rs condition OF beng admits
ted to tho bar. must have prac,iccd in the
highest eourt Of tie state in which he lives,
and iiS public and private character must
D, IAN. In 1851, The State Of Arkansas, If
W hlch Mr. Garland was a citizen, attached
itself to the so called Confederate States
Tie petitioner followed the fortunes OF tina,
State. and WAS one of the representatives in
the lover house, and was in the Senate of
the Con'cderacy at the time of the surren
der of the Confederate forces. In July.
| e65, he received full pardon of ali
offences committed by him. lie now pro
duccS his pardon, aud Asks permissio 10
continue practice a. an attorney without
81 he ~h L.