The Elk advocate. [volume] (Ridgway, Elk Co., Pa.) 186?-1868, 1867-01-24
TEST OATHS.
DCcjsiOn GF Ehc Supreme C0;gry
of EfeG United States.

WAsHINGTON, January 14-Tn the
Supreme Court Of the United States to-.
day Associate Judge Fields said he had
been instructed to deliver the opinion in
the case Of John 4. Cummins plaintiff
ip error, against the State of Missouri
involving the constitutonality Of the
! test oath of that State.
The plaintiff was Roman Catholic
Pricss and convicted by the courts for
advising and preaching without having
first taken the required oath, and sem
fenced to pay a tiuo Of $500 and com
mittcd to jail until paid. On appeal
from the Circuit Court, the Supreme
Court Of the State affirmed the iudg~
n.ent. TIE following is mere outline
Of the opinion; The cath by the Com
stitation Of that State imposes more than
50 distinct aiirmations and tests. Some
Of them constitute ofcnscs of the high,
est grade, to which the heaviest penal
tics ere attached. Some OF them arc
not recognized by statute, while others
arc not blamcworthy. They require
him not Only to swear that he was not
only not in hostility to the United States,
but that he never manifested adherence
to the cause Of the enemy, CT desired 4
triumph over the arms Of the United
States, or that he ever experienced SYM
pathy for the rebels, or ever sought to
promoto the ends Of those engaged in
war agains; the United States authori-
ties, or ever left the State TO escape Gu
rolIment or the performance of military
| duties, or ever expressed this dissatis-
faction with the government. Every
person unable to take this oath was de-
clared incapable Of holding Office of trust,
honor, or emolument, Or of acting as a
trustee or manager Of any corporation,
now or hereafter to be established, or
from teaching ia an educational institu.
tion, or holding real estate for such re.
licious society or congregation, etc, and
every person holding any such Office at
the time the Constitution went into ef-
feet was required within sixty days to
take the cath, in default CT which his of
fee becomes vacant.
No attorney at the bar, priest or
preacher Of any doctrine or order, is
permitted to teach or solemnizc marriage
without taking the oath.
False swearing is made punishable by
Imprisonment in the penitantiary.
This cath is without any precedent in
this country which the Court could Lis'
cover. II is fist retroactive, and If ia.
ken years hence would cover the inter,
vening period. IN other countries test
oaths were limited 20 the present, and
were not administered in particular in.
stances Of past misconduct.
Secondly. The oath is not only dircc
ted against individuals who opposed thc
acts OF the government, but dcuouuce'
q their'sympathias and desires, It make
20 distinction between acts arising from
maliguity and acts springing from at
, iec;ions. II any one ever expressel
. sympathy for the rebellion, even if h,
were connected by the closest ties 0.
blood, he IS declared unable to suJscrib,
, to the oath, and is dcbarrcd from tht
, employmclts specified. The Court ad
/ mittod the proposition Of the learned
counsel OF Missouri, that the State pos
b sossad ali the attributes Of sovereignty
and among the rights reserved to th,
State, was the power 10 determine th,
, qualifications ofolicc, and the conditions
on which citizens may exercise thei
calling3 and PURSUITS within its iurisdic
ton but it by no means follows, tha
the State can infict punishment for act
$ which were not punishable when com
mittea. twas evident from the natur,
Of the pursuits and professions of th,
parties placed under disability by thr
Constitution Of Missouri, that their act
T. had no possible relation to their ftnes
L for the pursuits and professions; thcr
was no connection between the allega
ton that Cummins left the State to ayoi,
y the draft and the administration of th
, sacrameuts Of MS church nor can q fac
b of that kind, or words Of sympathy fol
- those in rebellion, show the unftuess O
> lawyers and professors, Or teachers, 0
1 their want Of ability in acting as mana
o gers Of corporations. It was manifcs
) in their simple statement Ct their act
Il that there was no such relation the oatI
il could not be applied as to whether tn
parties we're qualified Or not
The oath was intended to reach pei
sons, not their calling not because thei
acts untitled them of their calling, bu
because it was thought their acts wer
f deserving of punishment, aud in no wa,
by depgiving them Of citizenship, tn
court did not agree that less than tn
deprivation of life, liberty and property
was no punishment at all disqualified
ton from holding Office as an impoach
mcnt may be a punishment; also, tn
preventing attorneys from practicing il
the Federal courts.
l. By the article 0 and 10 of William
III, any person speaking or writin,
I against the Divine Spirit was liable 70
- tha first 1fTor5a &, l., rrr1ovoR irao .,