The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1867-01-16
Impsrsant Decisien-The Test Oath
Pronounced Unconstitutional BY
the Nupreme Court.
From the National Intelligencer.

the NuPreme Court.
From the National Intelligencer
The United States Supreme Court, when
their opinion In the Indiana military com.
mission cases was announced, prah,oited
reports rom being made for publication,
hus The rnle has been relaxed on condition
tina, the publishers state that the reports
are from reporters notes, aud not from the
official manuscripts Of the judges. The
following report is from the shorthand
notes Of Mr.. d. F. Murphy, one of the con-
ductors Of the Reporter, and for many years
weli.known reporter OF the Oni'eo S'"''e
Senate: - tho
Mr.. Justice Field (hsving Delivers n NY
opinion of the court in the ca case
mings Us. The State of Missouri p'0~ :
TO say. 80 .o,-, .o 4.
~. p. a,,;r;on I'm the matter OF the petit
ton of A. n. Garland.
On the second Of July, 1862, Congress
psssed an act prescribing an oath to be
taken by every person elected or appointed
70 any Office of honor or profit under the
Government of the United States, either
in the civil, military, or naval departments
of the public service, except the President
the duties Of his office, aud before being
entitled to its salary or other emoluments.
On the 24th of January, 1865, Congress
passed supplementary act, extending Its
provisions so as IL embrace attorneys and
counseilors Of the courts of the United
States, which provides that after its pas
sage no person shall be admitted as an at
torney or counsellor TO the bar OF the Su-
preme Court, and after the 4th OF March,
1865, to the bar Of any circuit or dlStrict
court Of the United States, or OF the court
Of Claims, or be allowed TO appear ana ne
heard by virtue OF any previous ADMISSION
or apy special power of attorney, unless he
shall have first taken and subscribed the
oath prescribed in the act Of July 2, 1862.
The act also provides that the oath shall
be preserved among the files Of the court !;
and if any person take it falsely he shall
be guilty Of perjury, and, upon conviction,
shall be subject to the pains and penalties
Of that offence.
At the December term Of 1860 the petit
toner was admitted as an attorney and
counsellor Of this court, and took and sub
scribed the oath then required. BY the
second rule, as it then existed, it was only
requisite to the admission of attorneys and
counsellors Of this court that they should
have been such officers for the three pre-
vous years in the highest courts of the
States TO which they respectively belonged,
and that their private and professional
character should appear to be fair. In
March, 1865, this rule was changed by the
addition of clause requiring the admins
tration of the oath in conformity with the
act of Congress.
= ~ E,tn 80 al. &
which the petitioner was citizen, passed
an ordinance of secession, which purported
to withdraw the State from the Union, and
afterwards, in the same year, by another
ordinance attached herself to the So-callcd
Confederate States, and by act of the Con-
gress Of that Confederacy she was received
as one of its members. The petitioner
followed the State, and was one of her
representatives, first in the lower House
and afterwards in the Senate of the Con
grcss of that Confederacy, and was mem
Der of the Senate at the time of the sur
render of the Confederate forces to the
armies of the United States.
In July, 1865, he received from the Pre-
sident OF the United States full pardon
for all offences committed by him by par
ticipation, direct or implied, in the rebel
asks permission to continue to practice as
an attorney and counsellor OF the court,
without taking the oath required by the act
Of January "a, 1865, and the rule OF TINS
court, which he is unable to take by rea-
son of the offices he held under the Con-
federate Government.
He rests his application principally
two grounds: First, that the act OF Janu-
airy "a, 1865, SO far as it affects his status
In the court, is unconstitutional and void
second, that if the act be constitutional, he
is released from compliance with its pro-
visions by the pardon of the President.
The oath prescribed by the act is as fol-
lows: l. That the deponent has never
voluntarily borne arms against the United
States since he has been citizen thereof.
2. That he has not voluntarily given aid,
countenance, counsel, or encouragement
to persons engaged in armed hostility
thereto. 8. That he has never sought, ac-
copied, or attempted to exercise the iunc-
tions Of any office whatsoever under any
authority or pretended authority in hostil-
ity to the United States. 4. That he has
not yielded voluntary support to any
pretended government, authority, power,
or constitution within the United States
hostile or inimical thereto. 5. That he
will support and defend the Constitution
Of the United States against all enemies,
foreign and domestic, and will bear true
faith and allegiance to the same.
This last clause is promissory only land
requires no consideration. The questions
presented for our determination arise
from the other clauses. These all relate to
past acts. Some of these acts constitu-
ted, when they were committed, offences
against the criminal laws of the country,
and some of them may or may not nave
been offences, according to the circum-
stances under which they were committed
and the motives Of the parties. The hrst
clause covers one form OF the CRIME OF
treason, and the affiant must declare that
he has not been guilty of this crime, not
only during the war OF rebellion, but du-
ring any period Of his life since he has
been o citizen. The second clause goes
beyond the limits Of treason, and en-
braces not only the giving of aid and en-
couragement Of reasonable nature to q
public enemy, but also the giving of as
sistance of any kind to persons engaged in
armed hostility to the United States. The
third clause applies to the seeking, accep-
lance, or exercise, not only of offices crea-
ted for the purpose of more ehectually
carrying on hosiiities, but also OF any OF
those Offices which are required IN every
community, whether in peace or war, Tor
the administration of Justice and the pre-
servation of order. The fourth clause not
only includes those who gave cordial and
active support to the hostile government,
but also those who yielded reluctant ODE
dience To thu eYistino order estahliShed