The Union flag. [volume] (Jonesborough, Tenn.) 1865-187?, 1867-03-15
The Lawyer Test oath.

The following extract Is q part Of the con-
cluding argument Of VIM. A. Cook, Esq, be-
fore the Supreme Court Of the District Of
Columbia, on q motion to set aside the Test
Oath which thsECour requires from all law
yerS who practice before il. The whole ar
Rument Of Mr.. Cook 10 published In one Of
the Washington papers, and II 1t were not
for It's great length We would gladly repub-
lish II. The argument examines and crlti-
cissS with marked ability the decision
OF the Supreme Court Of the United States,
AS rendered by a majority Of the judges on
the validity Of the Congressional oath re.
CURED Of lawyers. And II there Is any
weight in leEa! authority, or any force in ar
gumsut, reason and eloquence, Mr.. Cook
demonstrates that the Eve Judges Of the Su-
preme Court Of the United States committed
a manifest error in the result, TO which they
arrived on the constitulionaliiy Of the Test
Oath.
1t would DO we'll for the young lawyers
carefully to read the argument, and the
ehrysialized fossils o! the profession might
be projected BY its patriotic and eloquent
spirit. But here are q few Of bis strong
words;
al might, IL It were necessary, by refer
ence to the Journal Of the Continental Con-
gresB, accumulate Retrospective and prospec-
tive teSt-oaihS enacted in the days of the
Revolution, to-day silent before your honorS d;
but | deem it unnecessary. And why not 7
II It be necessary TO protect the life Of the
nation to require that oath, 20 back and
touch the doingS and feelings Of individuals,
what ground OF objection can be urged to II 7
What IS aimed att The protection Of the ma
ton, the sanctity and purity Of the cause I;
and If that require that the oath travel over
the past, grasp the present aud leap into the
future, the grand controlling purpose re-
quires that each Of these distinctive periods
Of time be covered and one precedent COM
ing from revolutionary times constitutes \
perfect refutation 10 the modern teachiRRs Of
an age Of rebellion aud StupendouS crime.
-" might give the oathS required in Penn
s%ylvaniA and elsewhere. might give the
opinions as ] have them here, from Washing
ton. Let nj give one. The Writings OF
Washingtou, Vol. 3, p. 23s. In bis letter TO
Governor Cook, Of Connecticut, Washington
enumsrateS the act Of that Colony declaring
that neae should speak, write or act against
the proceedings Of Congress or their acts Of
Assembly under penalties Of being disarmed
and disqualified Tor holding any oHaces. and
being further punished BY imprisonment, as
one which met his appreciation, and which
Shonld eIi5t In other Colonies.
$50 that IL seems that the illustrious and
immortal Washington himself was in haFmo-
ny With the positions, assumed BY Us to-day,
aud | do affirm that wherever there Is q pure,
intense, earnest lore for the United States Of
America, for the nation, not for It's fragment
airy parts. but for the Republic-ous, indi-
visible, insepAFable, that this class Of oAthI
aud leSlS meet with no objection. Il is only
a. you pursue closely the line Of courts and
Of geography which marks The tread Of tres
SOa, that these principles are % any especial
extent assaulted. II 10 true the SuprsmS
Court has seen &c BY . majority 10 declaf,
that this oath is unconstitutional bat Goa.
eeding 10 that court = purity OF intention
equal 10 that Of an angel Oh bis pathway oil
light end lore, add an opulenes and ~intellee.
iualiiy, ISrpaBsing that Of Bacon and Lord
Coke, and Story sad Marshall, Il IL . histor.
ic iAeb however that they stand on Tia: de-
cision almost alone.
at is possible, II The Greek teaching b.
true, that the good and the great lowered
over the 6sld Of Marathon for SgsS alsr thai
mighty Struggle vas ended, a~pplauding che
deeds Of Athens' warriors and heroes II
may be that the martyred President Of The
nation may, unseen, to-day BE- gazing on this
cur work. That Pre1idsnt gave The fuilaesS
Of bis sanction 70 this act: and I an moi
mistaken, ! think, In Affirming thar, Eors
tbaa one Of Jour honors stepped ron ID,
eenflet Of the nation 10 hat mass Of mafbl,
Hhefs wisdom concentrates 70 this beach
which you oeeupy to-day and this princi.
pie visa sustaiped ~lhropgheul the eraad
struggle. The court then, 10 not alonsi and
saw It'll was shout 70 say, a. The gianiI
piled mopntalns upon monniains, themes u
hHfl thsiF thandsrboiss IN The light Of 10
gnds--l might pile nathofity upon authority
70 elpcidate and tnttslu these points. nnl
y 81