Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1868-08-30

49, -
tended as an additional punishment foI
any offence described In any other act
A part Of the matters Of which the ap
plicant is required to purge himself or
oath may amount to treason but surely
there could be no intention or desire t.
infict this small additional punishment
for a crime whose penalty already wa;
death and confscation of property.n
1t makes no difference, whether tbs
exclusion from office or the bar, or de
~privation OF the right TO vote, was in
tended as punishment, or not. 1t is pan,
ishment; for It Is 8 forced consequence
Of a PRESUMED offence, whereof a party
is deemed to confess himself guilty, by
refusing to take the oath. And wheI
Mr.. Justice Miller asserts that Congress
did not intend 1t e. punishment, he vol
unteers to testify In respect OF 3 matter
Of fact, as to which he is wholly ant
grossly mistaken.
The minority said that 1t was no pun,
ishment to compel sparty in a civil suit t
disclose his transactions on oath, wher
these were alleged to be fraudulent; al.
though he should thus be compelled tc
pay an honest debt, which otherwise b;
might have avoided. He could not bt
compelled to admit himself guilty Of 9
crime or Of a misdemeanor which els.
qualified him to vote or hold office. A
man may be made a witness sgsinsi
himself, in relation to civil matters; but
hs cannot, il respect to q criminal
charge.
So 1t said that it was no punishment to
place insane persons In close c0nfne.
ment. These are very silly comparisons.
Thers is no charge of crime sgainst the
lunatie. 1t is not proposed to make him
swear that he ia not insane, and, if he
refuses, to assume his insanity and In
carcerate him. The confinement is for
bis welfare.
1t said that NJ man can be twice
lawfully punished for the same offence;
and that as those who refuse to take the
oath, and so are deprived of valuable
rights, can nevertheless be indicted and
tried for the same offence, the act pro-
vides for no conviction, snd prescribes
no punishment. 1t Is strange that it did
not occur to counsel that this is the very
reason why the oath is not required
because, if q party is convicted
and punished for not taking the oath,
he may notwithstanding, be Indicted
and tried for it, and so punished twice.
1t said that the President and Vice
President of the United States must be
native born citizens; but this is no pun.
ishneHt Of n~aturalIzed citizens and that
the provision once was in the New York
Constitution, that a Judge should not be
over sixty years Of age and that this is
no punishment OF those oyer that age.
These provisions afix no consequences
to an act OF the party but are strictly
laws defining qualifications. One is
ashamed to have to re-state and graveIy
argue propositions 80 utterly ridiculous.
Whether q pardon restores to a party
his competency to practice law in the
courts, we need not inquire. 1t certainly
restores his competency to vote.
In these last words that We write, to
be read by those with whom 1t has been
our pleasure and pride to commune for
nineteen months, we cannot conclude
the discussion Of the subject of these
numbers, without a few words as to the
moral policy Of test-oaths.
In 1879, the English House of Com.
mons sent up to the Lords, for the
ffth time, g Pension bill, characterized
by Lord Tslbo. as q bill for securing their
own integrity. 10 the fourth and fifth
years Of Queen Anne, sn sct of Parlia-
ment excluded from membership Ia the
House of Commons, sny person having
any pension from the Crown. And In
the first year Of George 1, this inca
pscity was further extended.
The Earl OF Carlisle said, in the House
Of Lords, in 1888:
Thus your Lordships see, that by the
laws now in being, ell persons who
have pensions from the Crown during
pleasure, or for any term or num-
Der of years, are rendered incapable
Of having seats ia the other House
and By these laws great penalties are in
nieted upon those VINO presume to break
through them. But az no provision hiss
been made by either of these laws, for
discovering secret offenders, and as every
maj must be sensible that such pensions
may be given privately, the gentlemen
OF b other House have thought il nec-
esssry, and, J hope, your LOrdships will
think it necessary, &c pT0Vide The best
remedy that can tie thought OF for this
def,ct, which IL The e5iaf, and Indeed
the sole detention Of this b,.l"
TIE proposed best remedy wss that
the ~Dls;nbers should declare on oath ev-
cry gFataiiy ar reward they received.
Lord WsIrole sid:
"T.5e fSsgueut ogt5s that are 50 be IT,
trodIgeG by Ihis Uiii would be Of the
most doGgtr,Us OPS q leucss, Lot only
10 cur ts-aLsisAed re,igion, but even 10
AstuFei F=iiEi. = i;sef. II orr guc:egt
pOl!ty, p0Eh religious and civil, it vas g
wise maxim, bsVsr to allow q man 10
swear IN &Hy case, where selEintertst /
was coLcefntd, especially when thu cir.
cumst9Gces O. ibe case were such As
made il impossible to convict him of
perjury, even though he should be guilty
II, but this maxim seems to be quite
overturned by this bin, and therefore |
convinced it will introduce amongst
US an utter contempt of perjury, which
10 always followed by an utter CONTEMPT
Of religion"
The Bishop Of Salisbury said:
All u~surpstions have been founded
upon the most specious and plausible
pretenees. the other House could not
haze thought OF a more specious or plau-
sl6le pretepcs for aeqliring to themselves
. new and daDgerous power, than that OF
preventing corruption. How does
his bill guard against corruption ? In
ny opinion, not In the least. The MEM
are to declare upon oath every
yratuity or reward they receive. II that
Srat1lty or TeEETS 5hQUid be paid and re-
,eived from a corrupt motive, will this
yer compel a discovery? Can we sup (.
pose that q wretch SO abandoned as to
ostray and sell his country for e small
'eward, will ever have any regard 20 an
especially In cases where it Is 81. [
OWED, there Is no probability Of corvict- ]
ng him OF peuury2 WEMAY AS WE'LL, {
THINK MAKE Law FOR oBLIGINd A !
SUSPECTED NAN TO SWEAR He HAS
SEVER EoBBED UPON THE HIGHWAY. |
nope 1 ehall be allowed to show some I
'egsrd for religion, by refusing TO prosti-
uts the sacred solemnity Of "a oath, in
iaSes where 1t is almost certain, q I
n ~ III