New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-01-15
TIE SUpRE1fE COURT DECISION


The Supreme Court yesterday, by majority
of one, annulled as unconstitutional so much
of the present Constitution of Missouri as pre-
cludes those who participated in or sympathized
with the late Rebellion from officiating "a
ministers of religion. as teachers in schools, or
rs legal advocates in court. The opinions were
pronounced by Justice stephen j. Field of
California, with the concurrence of Justices
David Davis Of Indiana, Nathan Clifford of
Maine Samuel Nelson of Newly DIRK, and Robert
c. Gricr of Pennsylvania. CIhc two first named
were nominated 10y President Lincoln; the
other thrco by his Democratic predecessors
Justice Samuel F. Miller of Iowa read dis
scptine opinion, (which was concurrcd in 10y
Chicf-Jusice Chase of the District of Columbia,
and Justices Noah H. Swayne of Ohio and
James NJ. Wayne of Georgia. CThc last named
was appointed by Cen Jackson; the other three
by Mr.. LincOln)
The grounds upon which this decision is
made may be briefly stated. 1t is argued that
the test-oath is directed against acts not de
fined in any code rs criminal; for instance, the
mere expression of sympathy with rebellion;
that such acts had no possible relation to the
lawful pursuits of the persons committing them;
that the oath cOntr3vcnes the clause of the
Constitution forbidding any State to pass
bill of attandcr or &c post tdctO law;
that the oath is in effect both of these,
because, by an evasion of the COnstitu-
ton, it imposes the penalties of bill of at
taindcr, and an CT post tdcto law, and that the
Constitution deals with things, not names; that
the oath is er post fdcto because some OF the
acts for which it imposes the punishment of
deprivation from Office, etc, were not known as
offenscs when the acts were com
mtted; that it subverts the prcSump-
ton of innocence, and perverts the
rules of evidence prcsuming the party TO be
guilty. without trial; that it imposes penalties
without the form of Judicial proceedings, that
if the oath is legal the Constitution may be
evaded at pleasure, and individuals deprived of
their civil rights.
The opinion of the Court upon the cOnstitu-
tiOnality of the test-oath imposed by Congress
upon attorneys and counsclors is based on sim
liar grounds, it holding additionally that attor-
ncys are not Officers of the United States, and
that the Court is not tho registrar of the
edcts of anyothcr power, t. e. Congress, and that
Congress cannot impose qualifications rs
the case considered the petitioners had received
full pardons from the President for taking part
in the Rebellion, and that Congress cannot
limit the effect of pardon which constitu-
tionally restores to full citizenship.
The dissenting opinion of Justice Miller holds
that practice in the Courts is privilege which
Congress may limit and not an exclusive right;
that attorneys are subject To legislation, equally
IA Judges; that Congress has the power 10 pre-
scribe their qualifications, and that the oath
imposed is not an unjust discrimination;
that the oath justly makes loyalty in the past,
and the pledge of it in the future, a qualilica-
ton. 1t denies that the tcst-Oaths arc in sub
stance bills Of attlndcr or post fdciO, and
argues that they simply require the proof Of
loyalty az Il condition of practice, and not M a
punishment for past Offenses. IL holds that
the Presidents power TO pardon does not dis
pense with the laws; that he may save
criminal from the gallows, but lawyer can
mot by him be readmtted to the BAR We
place the substance Of the two opinions
before our readers, with the belief that if that
of Judge Miller be not the law, we have the
monstrous anomaly Of "a Constitution which
gives treason the legal power to cvade the con
sequences Of treason, and prevents Congress or
the States from making loyalty qualification
of office.
Still we do not regret these decisions, the more
especially as they will be hailed with rapture
by those who arc in state of chronic nervous
ness from apprehension that The States vii! he
absorbed or crushed out by consolidation"
Here is sovereign State" overruled by n
bare majority Of the Supreme Court, and for
hidden to decree that traitors to her and TO the
Union shall not teach her children, dispense
religious instruction to her people, nor practice
in her courts. We do not object to this; aud
you, Messrs. State Rights mcn will please
make note that your oracles rejoice over 1t!
Tsr, mn