Daily Davenport Democrat. [volume] (Davenport, Iowa) 1864-1874, 1867-01-15
LATE NEWS

WAsnIxoTos, Jan. II Associate Justice
Field, to day. delivered an oplsiee 10 the
United States Supreme Court, in the Mis-.
souri, oath case, John &. Cummius . Roman
catholic priest. who was indicted tor preach
ing and teaching. without taxing the
oath prescribed by the Consultation oi
the state, being plaintiff in error,
The coar, decides the oath Ia this case I'M.
constitutional. being. In nature of punish
rneu' WITHOUT trial, aud in Its character ex
post icso, snd as q bill Of atlairdtY the
Judgment Of the Court below il reversed,
siih directions that the plaintiff shall de.
part without delay.
Associate Justice Field also delivered the
opinion vi the Court 10 the ex parfe case Of
Garland and Mari, who. taking part 10 the
rebellion. ask 10 be Seadmitted TO practice
In the Court Il h hcid that - the statute
imposes , Ppnishment which MAJ. mot have
been tsp@ed q ID tine tbe o9ense was
committed, Il h IN Ne nsaufe % e< pet face
law. Attorneys arc mot o61cep of the
United States. They are officers Of Courts,
and hold their o6lcee during good behavior.
The Couit Il not the register Of sdicts OF
any poweS. The applicants 0btAined . pes
don fSon tn President Of ~ Ualt6d D(aks
wtich relieves them from the con1equencee
Of their offences and makes them citixens
in the eyes Of the law. II followed that
the prayer Of the petitioner must be grant.
I'd, and also The prayer OF Mr.. Mari. The
fulc which requires attorneys to take the
test oaah must be resciDdcd.
Associate Justice Miller, for himself. Chief
Justice. and Associates Swain and Davis,
read dissenting opinion, maintaining that
10 practice in Court Is a privilege; that at
tosneys are subject to legislation the same
IS judges that the law makes no distinc
tion, but requires all civil and military: OH
GERS 10 take the aame oath; that attorneys
exert marked influence on the character 0f
the government, and II all attorneys in the
South had been faithful 10 the allegiance
they are required to swear, We should have
been spared the horrors Of the rebellion. II
was not claimed BY majority Of the Court
That the law works attainder OF blood there,
FOR this IL not attaindcr Nor does It appear
that any indicated persons, or punishment
or persons, who arrayed themselves in hos
tility 10 the government aud gave aid and
comfort TO the enemy, forfeited their right
70 appear In Court. THIS WAS not . cstmi
nal bot civil proceeding. which affected pri.
vsie rights retrO-pectively. With regard 10
the Missouri case. the questions Involved
rested with the State. The Constitutional
restriction that Congress shall make no Law
abridging the freedom OF religion. was not
applicable. Justice Story Gays that The whole
powcs was left 70 the state 70 b exercised
according To its Judgment fhc constitution
II Missouri says that no such persons - ere
described shall exercise their functions un.
icss they show their loyalty. Cases were
quoted in support Of these points.
ePRiSefIRf.D, H., Jan. IA bill was In.
foduced 10 day into the Legislature author
ixing the city Of Chicago TO make and sell
gas.
Mr.. Fuller Of the Senate offered resolu.
ton declaring the railrosd passenger and
freight tariffs oppressive, demanding legis
iation, It was made the special order for
rhurAdsy 10 o'clock.
ST. LorIs. Jan. l4-The Iron Mountain
Railroad on Saturday was transferred to
Thomas Allen who represents the party
who give the original purchasers bonds for
l02. 5000 cash, go, 600 10 sock
ST. PAUL, Mimi. Jan. l4,--Six inches OF
snow fallen since Friday, still ssowisg -
Over thirty million scres Of land Ia Min
nesota yet open to homesteads
GALENA, Ill, Jan. 4-Thfcc ruflians
strangers. assaulted Mr.. II. II Hu,chins al
noon today ON the river two miles below
the city. his wounds will probably prove
fatal. Mr.. Hutchins was soldier in the lst,
Iowa Cavalry.
One of the villains is arrested.