Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1868-10-29


Test Oaahs and the AssunaPtfon
Of the Radical Congress to lEx-
Glade lIembers.i
Thedecision of Judge MILLER, of the
New York Court of Appeals, against the
constitutionality of the Test Oath, is one
that commends itself to public attention.
The case was this: The Legislature, in
providing for the election of the Constitu-
tional Convention, prescribed that if chal-
ienged to that end the voter should be rt-
quired to make oath that he ha
not voluntarily borne arms against
the United States, :, nor, given aid,
countenance, counsel lor encouragement
to persons, engaged in armed hostility
thereto 2 nor held any office under author
ity in hostility thereto, OF deserted the
army, or fled from the draft. A voter re,
fused to take the OATH. and was rejected
He brought suit against the Inspectors
and thescase was carried through the Courts
to the Court Of Appeals l. elles y sl,s 'g
doJudge MILLER decided the oath uncon.
stitutional, for the reason that it was il
conflict with the clause that .no State shal
pass any bill of attainder or er post factt
law. .'',e As there was at the time no law de
privingG citizens of the right of suffrage fo
such 1offenses, this test oath, law Furnishes
for an act which was, not a crime wher
committed |; therefore it'isa bill of attain
Ger OF of pains and penalties, and an "a
post ttdeto law, And, Furthermore, the Judge
said: 4 ledaisji 20 ya5 571l-.7,iI sdt 81 %
.,Eveni If the alleged offenses .incorporat
ed in the oath prescribed were known tt
the law, the statute in question, in viola
ton OF the rules of common law, pro
nounces Judgment of condemnation with
out evidence, without any opportunity tx
defend against the charge, and without
trial.as1t makes the party the accuser O.
himself, and his refusal to aoquit himself
for any cause, his own condemnation. Ii
Furnishes for an offense before an accusa-
ton is made and q trial had judicially. ac.
eording to the Constitution and the laws o.
the land. In compels him, in direct viola
ton of the fifth amendment to the Constitu-
tion of the United States, to be a witnes:
against himself" .5 ,.,y 3sit
The Judge was also of opinion that the
Itsst oath act violated the Constitution Of
the State of New York. 'sa1i ..soEss isqsa'
JThisdecision, which we find fairly stated,
as above, in the Cincinnati Gazette, brings
from that Radical sheet some curious rev.
elations. 1t says: saai 81 .i aa,as s-ii'
sour readers, will bear witness that we
have not at any time ascribed any virtue
to test oaths, nor to any extra constitutions
al qualifications for legally elected legisla-
tors. We have never allowed their fegali-
ty: They were q prominent feature OF
Johnson's reconstruction policy" He held
that Congress could impose no conditions
on the rebel communities but that each
House could reject members for disloy atty,
and could impose such oaths as would keep
them purged of rebel elements The en-
tire Democratic party swallowed this gross
violation of the Constitution in their in
dorsement of Johnson's policy. = The DEM
ocratic mind can never see uncon- -titution-
atty in anything which serves the present
"The entire Democratic party, nor any
part thereof, Swallowed" a sgross viola-
tfou of the Constitution in their indorse-
nent Of JoHNsoN's policy.rss g They indorse
that which alone is good and reject, that
which is evil. ii President Johnson was not
elected by the Democratic party. He pro-
fesses to carry out the policy of Mr.. .LIN-
CoLS, which the Radicals pretended to ap-
prove, but which they now repudiate. Tie
Gazette adds !;soi5oH znIys9
"But, as we have often affirmed oduring
the long reign of sJohnson's policies and of
test,oaths, If a Representative is elected by
d legal fconstituency, the House can not go
behind his election to reject him for pre-
yious treason; nor can it impose on him
any test oath of qualifications other than
that prescribed by the CONSTITUTION of the
United States. To prescribe an oath that
would exclude member duly elected. be-,
cause he had been traitor, would be to
snacta bill of attainder and an e1 post facto
aw.- Both parties have departed far from
,he law in this matter. The Democrats
have by nature unconstitutional ideas
sbove their partisan policies; and the Re-
1ublieans wanted to pile, up barriers
lgainst the return of traitors to Congress.
Congress had the power to deala'with the
ebel communities, and to say when the
jeople should be restored to elective priv
leges; but it could notiadd to the constitu-
ionap qualifications of members" =, ! Al l saita
We publish this, last extract from the
3aSette for future use, for it will be but a.
hort time before that sheet win repudiate4
{, at the demand of the Radical leaders. To
ay that Congress has not the right to inn
,bse test oaths on members claiming seats in
hat body, which would deny to that half
made up body the power to pass er post
acto laws and otherwise to violate the Con-
titution, is to deny that branch of the Gov
rnment the right which enables them to
,erpetuate its political power. When a
Radical secessionist is elected to that
,ody, ,soandH cannot take the test oath, he
$ absolved from SO doing by order
Il Congress; but when a. Democrat.
airly elected, presents his certificate, if
le happened to have a son foolish enough
o absent himself without leave from his
lome and join the secession army-if the
ather gave him but q crust of bread, or,
.llowed him to enter his house, he was not.
allowed to take the oath or his seat, for,
hat was giving aid and comfort to the re-
,ellion. rarr zsrr4- u vxr
The Gazette is now opposed to all test
,aths, and that makes it opposed to the
nain acts of the Radical Congress, for.
AXE from it the power to trample the Con-
titution under foot, by passing its er post
dct0 laws, ana ltS power Is gone ana lts
majority useless, except for STEALING pur-
poses. -
SHOWS the Fear that Doth Haunt
- Gz-2=A Them. - - sa.- - - - *
The Cincinnati Gazette, one of the great
est boosters over the late election in Ohio,
Is now sorely troubled lest the Rsdical par
" be beaten in Ohio on Tuesday next 1t
says: zEESE1EE 6EE-A.,EH
1--WE have already warned our readers
not to be SO overjoyed with the Republican
successes in the State elections as to cease
work, under the supposition that the result
in November is foregone conclusion
There was never more need for hard work
than now. The enemy has been defeated
in the preliminary contest, but the great
battle is still to be fought. In Ohio, PENN
sylvania and other States. the Democratic
4 -, 4. a. ot ;u; RI -nroat zool-u,ith