Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-28

cfarcr N'ncunsiifu.
tIonal. i
Synopsis of tho Opinions Of the Court
as Delivered by Justice Field.
In the Supreme Court Of tie United
States, on Monday, Associate Justice Field
said that he had been instructed 10 deliver
the opinion in the case Of John A. Gums
mrs, plaintiff in error, against the State Of
Missouri, inyolv ng the constitntionaliiy OF
the test oath e that State.
The plaintiff was a Roman Catholic
priest, and convicted by the cours for al
vising and preaching without having frs,
iaken the required oath, aud was sentenced
% lay n line Of 5000. aud committed TO Jail
antrl paid.
On appeal from the Circuit Court The So
pfeme Court Of tho State affirmed the jndg-
meut. The following is he outline OF the
opinion
The oath. by the constitution Of that
State. imposes more than thirty different al
hrmations and tests. Some Of them consti
ate offences of the highest grade, 10 which
tie heaviest penalties are attached some
no, blameworthy. They require HIM not
only 10 swear that he WAS not in hostility
10 The United States, but that hc never
manifested adherence 60 the cause oil the
enemy, nor desired 10 triumph over the
arms vi the United States nor that he oy
,r expressed sympathy with the rebels
nor ever sought 10 promote thc ends 81
those engaged in war against the United
l.t As.s..
10 escape enrolment, or the performance IL
military duty nor ever expressed
his dissatisfaction with the government.
livery person unable 10 take this oath was
declared incapable ofhodlng offices OF trust,
honor, or Of acting AS trustee or manager
oil any corporation now or hereafter TO he
established, or oi teaching in any educa-
npnal institutions or holding religious So
cictea or congregations, etc. Aud every
person holding Office at the time the constl-
tuition went into effect, was required within
sixty days to take the oath; aud in default
II taking the oath his office became vacant.
No attorney at the bar, priest or preacher
"a permitted to teach or solemnizs marriage
without taking the oath. False swearing Is
made punishable by imprisonment in the
penitentiary. This oath 10 without any
Pfec'u'nt IN 'his country "hcn Tue Sou't
could discover. IL Is hrAt retroactive, ana
u taken years hense would cover the inter~
Yening period. The test oaths OF other
countries were limited to the present, and
we're not hdministercd IN particular instan-
&C, oil misconduct.
Secondly, tho oath ~ cot only directed
against inditIdn4i. who opposed the acts "i
the 900 eminent, hui dcnounces Their de>
tft~ ~ti fnrhthies. ~ make ~ uiS'Nic-
tfA n't"'eH aciS afising RON mahGiii
-Nt W. altaATh'r iron affection - t"t
tf'f Nl''f sympathy u No tsr'i,
i.''., ,.cn .! hc wsre eenteete hy The c're-
e'i ''7'I, l." IS declared rH.hr t.
fi'rlH sac OATH, and q denu',d i.n =.
N'W u'N poem ii. Inc ''nt q"
'1 4" thr p"l f.t''nn oi the ienhci c"uu-
- N'~r'i', 'hN the state posse $50 'N
tt.er \ a'Yert MY, nr t
'nt iAe AZ 49, ssod & n4r N' t+e
lr FuAer ih iNMd'sa'
"i q lA', fnli tfs pa l.ira IN
M'N i.' tf fsnf ava pursuits
AN #.-1 u - o. Heans
et4=4 e riias ntN t
= a. 'tf 1sH IA" "A'n
'"hlnii CO.,
y Was '"e"s ifoia tue mature OF the
pursuit "tl PROFESSIONS ol parties pihced
eiiaer = .an'l'N ~ tle eonstltut on OF MS
saaii 'hst 'Ae'' ac'N had y" roSSihie re'a-
hea - ih'r i'nc's ~ Their pursuits ana
f''ess''ns 'hcre WIS ne eohnecuon "e>
'".e" '"' al 'SlN'n ulat nMnl'hs ieit me
we :" ~. ~ 'h' aiAt ana me "anii"is-
HNnon w thr SA'iR'ne''S ~ MS chn'rh -
n"i ear iac' ~ that KIND, or wor1s ~
N'npa'hN ''r those /" ieesii'n' sho" NE
"''a'"'s, s. lawyers or professors or ,eacA-
'tS' "r 'he't WANT "' aoiii'y III acing as
managers or trustees oil corporations. -
= manifest on the slhpie statement 81
'hea a''s' mat there was no suei relation.
ne ''" eo"" MOI De applied as TO whether
t1a p'fu's were ihaiiiisa " not. Inc oa'h
vs. ih''hn'' 10 fcHch persons,no' Their can
ius. moi because their acis untitled them i'r
tAe'r "a hn., but heea.so 1t was thought
thor acts were deserving OF punish ment IN
Ha MY TINT by derTiying them o. citizens
sa{ The court i d not ngree that less
+ 4n the ivprlvataiipn oil Ike, liberty, and
eselN was no punishment At all a dis
qHsHa 80. II from holding office, as an i'm
itelela eat, may &c a punishment also the
lsNennn- attorneys pr&cticing IN the Fed
'ral courts. 4y the statute . and 10 oi
William III ANY rer,,nj speaking against
inc ,'nr,uan rel1ou, or writing against
NE Divine SPIRIT, was liable for the first
utsne, ~ q. I'm cred incapable of holding
oitss~ 81 rrn.i ~ profit, aud for the second
q .tf>'n. statute =. George Ill, for con
tempt against he Kings authority, took
away the isht to receive any legacy, deed,
or sii'. or woe a, election for parliament.
with Penalty Of 5000. Blackstone says
Inc loss oi liberty consists IN the loss Of
sands, or profits OF lands Tor life and disa-
iaitc~ from holding ofhccss Of honor or
cinolament. Among the Romans the loss
'snes,y was disability OF all privileges as
's,ubcr OF the family or citizenship. Ia
Rance deprivation Of civil rights and the
right 70 vote ior officers. or to be guardians
or trustees, OF to be an employe in schools
~ scn'nArcs of learning Tho theory ON
VIII n our institutions rest 10 that oil men
have certain inahenablc rights, among which
arr lie, liberty, and the pursuit OF happi>
ncSs. Thus all places oil honor and position
are open 70 every one, and all are protected
equally under the Law. Any deprivation Of
tishts Tor past conduct is punishment, and
cannot otherwise he defined.
Inc court then proceeded to the consid-
Grafton OF the constitutional question. The
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