Evening star. [volume] (Washington, D.C.) 1854-1972, 1867-01-14
THE TEST-OATH CASES

DECISION By THE SUPREME COURT
Associate Justice Field e. day delivered the
opinion of the u. S. Supreme Court in the
Missouri test case; John A. Cummias. a
Roman Catholic priest, who was indicted for
preaching and teaching without taking the
oath prescribed by the constitutions OF that
Stale, being the plaintiff in error
The Court decides the test oath in this case
unconstitutional, being in the nature of nm
lshment without trial, and in its character
e1 Posi- fdcto, and as bill of attainder The
judgment OF the court below Is reversed with
directions that the plaintiff shall depart with.
out delay.
Associate Justice Field also deliversd an
opinion OF the Court in the er parte cases OF
Garland and Mari. who, having taken a mari
IN the rebellion, ask to be re-admitted to prac.
uce. Inc Court hold that as the statu te i'm
poses punishment which may not nave been
punis liable at the time the offence was com.
mitteo, IL Is In Its nature an e1 post facto la W.
Attorneys are not officers OF the United STATES.
tney are officers Of the court and hold
their offices during good behavior The
court is not the register Of the edicts OF
any otner power. The applicants obtained
pardon from the President, which relieves
from the consequences Of offence and makes
the citizen in the eye Of the law what be was
nelore II was committed. Congress cannot
limit The prerogatiye of mercy cannot be
feftered by legislative restriction II followed
that the prayer Of the petitioner must be
granted. and also the prayer Of Mr. Mari.
The rule which quires attorneys 10 taka the
test oath must be reecinded and the ordar h
made accordingly. 'FI- -
Associate Justice Field for himself Chief
Justice Chase, and Associates Swayne and
DAVIS read dtssen ting opinion, remarkine
mat practice in the court Is a privilege At.
torneys are subject to legislation, the same as
judges. The law makes no distin ctiou, but
requires all civil and military officers to take
thu same oath: Attorneys exert marked in1iu.
ence on the character or Government IL all
the attorneys In the South had been faith.
fui TO their allegiance, as thew were
required TO swear. we should have
been spared the horrors OF rebellion
1t was not claimed by the majority Of the court
nat the law works attainder OF blood there
fore 1t Is not bill OF attainder, nor did II an
pear 1t convicted any designated persons or
declared punishment. Persons who arrayed
themselves IN hostility to the Government
and gave aid and comfort to the enemy for.
feited their right to appear in coart. This was
not criminal but civil proceeding which
merely affected private rights retrospectiveiy
With regard 10 the Missouri case the ues.
tons involved rested with the State. The Don.
sttutional restriction that Congress shall ma he
no law abridging the freedom Of religion was
not applicable. Justice Story says the whsle
power was left to the State to be exercised ac-
cordipg to its Judgment. The Constitution OF
Missouri says no sue b persons as are described
shall exercise their functions, unless thew show
their loyalty Gases were a uoted in support
OF these points. .-s.a - -. 81. ... =.