New-York tribune., 1868-10-23
The COUETS.
THE POWER OF A STATE TO EXACT TIsT- OATHs
As A PREkLOuIsITE TO NOTLNG.

TIE POWER OF A STATE TO EXACT TIsT- OATHs
AS A PREREQUISITE TO VOTING.
In the COnrt of Appeals, yesterday, the case OF
Thomas ID. Green, respondent, agt. William H. ShuIDway
ct al appellants, was heard In 1871 when the iegsa-
tute directed election to choose delegates 10 the Con
Alitutional Convention, they provided that no person
should vote at such election who would not II duly chal
borne arms agaust the Uuited States since have been
citizen thereof; that have voluntarily given aid,
cOuOcnance, counsel or encouragement u persons en-
gagged In armed hostility thereto; that have neither
sou2ht, nor accepted nor attempted to exercise the
fhouiy or pretended authority ia hostility 10 the
United States that have not yielded voluntary
or Consultations within the United STATES hostile OF inn.
oa thsTeto ana dd not iiuy desert from the military
TO avold draft during the tate ReDeilon The plaintiff
lenged take the oats ard the spSssnts s nSnectcr
OF ofeeeuon, rejected his lie then hroueht sut FOR
damages FOR this exclusion Tho defeudauts ct mn the
Law and the plaintiff demmred The sresj1i Tcro over.
ruled the demurrer but the General Term reversed mat
decision ana the ease came to the Court OF Appeals the
Court Of Appeals Judges Hunt woOdruR and Masgn
dissentng held that the Imposition the oath Was an,
defense. Judge Miller who wrote the opinion OF the
sion Of the Constitution OF the Unitod States
that 40 State sna,i pass any, b,il Of attaineer.
The penalty vi political dlsiranchisoment without any
preliminary examination or trial for refusal take said
the acts done which prevent him from taking that oat
that IL arbitrarily aud suuuarly Furnishes FOR oense
created by the Law itself that when this act passed
there was no law in this State which condemned OF char
acefhed the conduct which punished by the act that
AZ committed that beside IL Is In fact bill Of
pains and penalties which has been decided by the su.
pfeBe Of United States 20 be within the
hg oi the word attsnder that's legislative act which
nhieis punishment without judicial trial citing from
the case Of Cummings agt The Btae OF Missouri Wal
70 That II is also la violation 81 the Fifth Amendment
S the Constitution Of the United states In compelling
hhi 70 De witness against himseH hs refusal TO take
the oath belng made his COnyictOr. lie theu says
am also Of the opinion that the statute ia question
violates the C0nstltuuOn Of the State OF New York The
ht section OF the second article % the Constitution
serDe the qualifications Of elect0rs who shall be eL
yea 20 vote fOi all officers that hereafter may De
elected by the people, The second section Of the tbir
eent article provides for the submission Of the qncs
bon whether convention shall be called % the electors
inahed TO vote for members ~ the Legislature, ana Ia
fse majority Of the electors qualified voting al such
election shall decide la favor Of such convention fOr such
purpose the Legislature shall provide for the election
oI deeRates 30 such convention This clause does
sot confer upsn tho Legislature any power to
ntaee disabilities not existing az the Time.
ahae e Constitution, TO restrict the right O suffrage
Nhcl The Constitution has established ~ would be OK
dspdihary The Legislature had the night 10 determine
no we're entitled 10 tho privilege Of voting ard thus, Ia
~ exercise ~ an Unlimited discretion, hc able 10 o.
fAfe auF Glass ~ ctiZcbH when the right 10 already
''iii tslaDsnCd sgcb lgNel would Dc ll0bl. ~ lbe