The New York herald., 1869-03-25
UNITED STATES SUPREME COURT.

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The Case Of General Frank Blair Before the
COurt-Argument or Montgomery Blair
Against the Missouri Test Oath-Reply OF
Senator Drake.
WASHINGTON, D. c., March "A, 1859.
The Supieme Court OF the United States to-day
took up the cases OF Francis p Blair Jr plantifr in
error, vs. John s. Thompson ct al, and Warren
Woodson, ralnti In error vs.. the State OF Missouri
ex rel. Montgomery Blair, in opening the argument,
said the petitioner in this case, Francis P. Blair Jr
offered to vote at election in Missouri in 1885, but
that the udKes OF election refused him the exercise
OF that right on the ground that he had not taken
the oath Of allegiance and loyalty as prescribed by
the constitution OF Missouri. The petitioner how-
ever had taken the oath with the exception OF that
part Of it which was Of retrospective character.
The question coming before the Supreme Court OF
Missouri that tribunal decided that he was properly
excluded from voting, he not having taken the pre-
icrbed OATH Mr.. Blair referred to judicial opinions
including two from New York and Pennsylvania 70
show That the judges OF elections could not disfrah
chise voters and that the judgment was not binding
These were cases IN which the persons Offering to
vote were required to take oath that they did
not desert and did not seek to avoid the draft IL
was held that the deprivation OF the right to vote
was part OF the penalty for felony, and the taking
away OF this right was, therefore, an actual pun
lshment; that penalty could not be imposed
for acts not punishable at The time they were COM
mitted and that man cannot be deprived of his
judicial tribunal after trial and conviction Political
rights are not less worth preserving than life itself
In this country the law is sufficiently extended to
guard against all dangers to the community In
o.her days government was maintained by mill
tsry chiefs and their armed followers; but now and
IL this country, the contests are between numbers
and multltudes. But the vice In Missouri Is tnat
citizens are excluded from voting by wholesale A
more more odlons ana ND, detesabls desposm never
state cuts down to the roots OF popular government
turns over the entire government TO the macnina.
tons OF registrars OF elections, and makes them the
absolute chiefs and governors The present consti-
tuition or missouri IL supposed to have been ratified
~ onehalf OF the citizens OF the State. 1t Is NOT
Gained that more than hall OF the people voted
Nsbody has ever seen the published returns by which
tneconstltution was sanctioned. The records were
only. He mentioned various things to show unfa,r.
ness p taking the vote, which was during period
cal ol gIat excitement, and asserted that fifteen
Couhto made no returns He referred TO
the opinions OF Hamilton, Madison and LEI.
lerson ard other statesmen 10 show the mpoIicy OF
uisirancnsing citizens and in this connection said
that shay,who started rebellion and ms followers
were never punished at all, and he also instanced
Ine Canada rebellion In ls40, when a general am
nesty was extended TO those who participated fn r.
ne spoke ~ engtn against prescription and argued
that lhe peoph consisted OF all persons IN the COM
rests in The people who establish The government
those who makatne government cannot be stricken
u0wn ana y, outassd by the minority. This question
ces OF this court epends and they are bound TO yIn
dicate the prncipleof government ali assants
cn,,,a mc ,n, ~, s Mertnrow Francis r. Blair Jr
aG%s o1 as PSTp Of the
nized a military fote 10 protect the rrnisad
states arsenal at ST Louis and afterwards |
Organized Iour regimns and rendered them TO the |
government with wlicl to operate against and /
which captured Camp Jackson: and after siefea,,nr
the rebels at Boonesvih be is required TO swear he
never made war on tie Nate government which
was In hostility to the government m Inc r'nitea
states The state government did not declare Ifaef
~ Ia, ,svor ", % o. secesaion.t was to cunning for that
ways, and among them TO captue the ST. Lo1ls arse
nal. General Blair, he repeaed. Organized bis |
with others captured the State orces Tha oath
prescribed by the constitution OF iissouri ~ called
tne @ oath Of loyalty He regarded IL as the oath of
dsloyalty for It required man tswear tnat he
stood by the government OF State which made war
upon that N the United States. Mr. Bar snnra % so
nearly two hours ana half spoAe ior
:, Senator Drake replied. He said he shoad comm.
himself TO questions OF law. The pairif, snnws
.nas ne " a. IN every particular but one ualifIed
linsei 70 vote under the constitution OF Mfsonry
The constitution required ar preliminary TO y,,n
= .ane - sS oaan ., loyaty and also declared nat
my person ueciinDg or refusing TO take the or |
'hall not vote; but the plaintiff demands a r,ohi,n
'ote on the ground that he had taken a dif,ereS
,sth which he chose 10 construct for himself ana
low sues the judges for refusing 10 receive hs
The question IL whether the plantr WAS legally en-
lued 70 vote, wnere py hls own showing he refused
condition precedent, and whether the people OF
Aissoari had the right TO declare In their
who are and who are not entitled In |
ote. The counsel Of the plaintiff proceeed ON the
ssumpuon that the Judiciary held In ITS hands the
,bertles or tue people, proposition which he |
Drakel repudiated. IL IL In no sense true anywhere
this Union that the people alone are the custo. |
ans ana preservers OF their liberties. Az neces-
aIy guard the judiciary Ia organized in part 10 All.
munster the fundamental law and not az IT was
aln, 70 aorogafe and annu H. Mr. Drake then |
naintained the position first, that the peoplc az |
dssouri are the state; second, that they became
'tate by mutual agreement; third that tbey are a |
'vuy poltic; fourth. az state tney are free ana |
Independent and nth, they govern themselves a.
ney ordain and establish their Constitution Tba |
eope are tne state and therefore 1t s essential to
ioiect the state from its enemea nv ex |
uuing them from . participation IN its
'oseInmeht none but qualified voters can
Aerclse the political power and IL ~ by and throngS
ne ballot that the power can be exercised hv ,s
,eopIe. Ths constitution demonstrated wbile ~
lMrms that the peopleare the only source OF mower
ie tnen proceeded 10 show the neceseity H. ~. \
'nendment 70 the State Constitution yeon,,,nr o. @a. |
'atn OF loyalty &C, and described the rord,in, -
'nairs when war reared his bloody cresf and tbs ~
'eInon SHOOK MISSOURI from its centre 10 ia utrnost
,ounaay anu wnen perjury and treason pervaded |
Ne " sntIe m ponucsi fabric. Gould there be written
uii history OF the condition OF Missouri during lie
ebellion and OF the outrages indicted on III sas
inhabitants OF that State the world wonin rscyn,,
rom II with horror. The constitutlon he maina
alned IN legitimate expression OF the viii -, ~
eople and fts intention was to protect thamsa,sas
rom all enemies which they had a riobt ~ a. |
his 70 an important subject Of inquiry " w
Al TINS point the Court adjourned. Mr. prare u,t,
esoDe his argument tv-lnorr0w,