The New York herald., 1870-02-01
his vote, ne declining to take the prescribed oesa'
The clause sou1nt 10 be tested ID this:-s

his vote, ne declining to take the prescribed oath
Tne clause sought to be tested In this:-*
ss ss Be deemed ,s,r or wse s Ssi
suhor'ss thereof to the govsrasnsn: o. tnis osate
General Blair, having been colonel in command
OF one or the regiments which captured tpo Stape
forces or Governor Jackson and several times en-
gagged In battle with the State troops organized
ender the authority OF the Legislature. deemed h1m
self unable TO subscribe to the oath OF to the
government OF the State aud declined TO take u
thereupon ms vote was rejected. The petition set
ting % iolsn these facts was demnrrsd 70, ana upon
the nearing Tue demurrer was sustaincd ana the
Supreme Court OF the state affirmed the decision.
Ias grounds n ,aaen ken ny the plaipti IN error IN tns
isnnent, and being such, are bills Of artainder;
and secondly. they are er posi- Jacto. IN that
named which did not exist at the time
they were commtted; they are, consequently,
II Is argued also that General Blair ia having been
arraycd IN armed hostiiity against Governor Jackson
and the State organization u the time existing un.
der him. was arrayed against the lawful government
or the STATE. Some twenty different acts were
passed ey G ,a 81 me sse q aa and a me wso
machinery OF The government legally elected and
authorized was arrayed against the federal power.
General BLAIR had, therefore, no color oi law, state
or national, for the hostile organizations ne set
on foot At the outbreak OF the war, ana which
authorities OF the state; no could not consequently
take tine oath prescribed. The Defendant COMMENCED
auored-for than thirty years have clearly IN:
dicated what are after words Tor tue O
intention to punish both as TO felonies anu nlsae.
meanors. Bnt Tins instrument does not use sucu
words generally considered apt Tor that pur-
pose. The intention 10 punish can only De ascor-
tanned IOm the people themselves, Dy lhe worda
they use IN their constitution, aud sach words do
not appear. No court has right to strain out snch
an intent by inference IL must be declared and
manlIes and Tie moment any tribunal or power,
assuming 10 nave discovered IN lntcnt 10 punish
where II - not declared intereres WITH the discre-
m lus QT "A
that moment the peoples authority Is annihlated
and another power wields It, There being no pun
iShment expressed none was intended, aud there
fore, none exists; and there IS no aIiainder and
nolhin9 TO operate es post acto on Tie question oI
that II is tne peoples and they submit that the gov
ernment OF q stata Is the lawful authority OF the
state. IL Is then insisted AZ great ebgtn, that tue
moment Governor JACKSON ana Tue Stie Legisia.
lure attempted 10 array the Stato against he United
States, that oomep. under tue consl'tstion OF the
United states and the whole spirit and intention Of
the laws they ceased to bo the lawful authorities OF
tine state aud became mere rebels That act
stripped both ot all ohcia power anu atuotiLy, aud
placed both in armed hosuhIy 60 The Stale as well as
against the tniret STATES. These The persons
VINO were III armed hostlilty TO tne State, and not
General Biair, and 1t onOws that he General Blarl
wholly witout any ground Tor pretendlng that he
fusal To take the oath OF loyalty when he offered 10
vote was simply act Oh his own perverse aud OBJ
stlnate VIII. IN addition 90 the foregoing argument
/ the DEFENDANTS as AN independent ana general
| proposition insist that the people OF state In
| framing then constitution have All unlimited and
absolute power the whole subject OF suffrage
| and the rignt 70 exercise that power when they
please, Lo" theV please. In favor OF whom they
please against wnon they please, without
accountability or revision by any tribunal
authority IN the world ana they say that this
action ~ deliberate, not to say audaeiols attempt
70 strike, through the courts, iatal blow at state
right, which al men IN This land, oi every section,
every parry ANA every political creed, have always
united holding to be beyond the reach OF inter-
ference. and wnca the constitution VI the United
States recognized IN the plalnest terms as belong
Ing TO tue people OF every state TO the utter
ClusOn uf every Otner power ana jurisdiction OF the
earth. 1le cause was argued at the scsslon of the
court held last winter by Montgomery Bair for the
paiutir IN error, and by senator Drake, OF mis-
souri,. Tor tbs Defendants. The Cbief Justice now
announced the anlrmance OF the judgmeaI Of ths
supreme Court OF MissuHri.
No. "a Dress,aya us Sttness Error 10 tie Supreme
Oburt or Aisso,0i.--ln this case Drennam alleged
that Stltel, pretending TO act under military au-
thoyity, had seized during the war. and appro-
prlated to his own use, his tDrenhauls) properly.
Stlfel answered ana showed that he colonel OF
the FliIn home Guard and had acted under tho
orders OF his superior officer. The Cour neld that
the provision Of the new constitution protecting all
| officers making such seizures during the war In
obedience 10 competent military authority was =
bar TO the acJlon ana che judgment was Tor the de-
fondant The case was brought here, the plaIniif
contehding that, as this section OF the constl
sutton operated TO deprive HIM OF his rgnt OF action
before existing, II was unconstitutional This court
now affirmec tie judgment bclov, Mr. Jastlce
N ayne delivering tho opoion, modulus rhat state
uay enact retroactive laws wnen InnDiCea by ita
established constitution and not IN Violation OF the
provisions OF the federal constitution III relation to
| &c D0si Jucto legislation.
Error To Ue Ciyc,ttt court FOR the Datg'1c1 ar Cdt
Jotnd.Ihis was an action Of ejectnlent brought by
the United States 10 Try the title TO Two lots OF ground
| IN the city oi san francisco. included ID what ID
| there known as The RiDcan Point Reservation. The
| United States Marine Hospital al Rincan Point and
| the buildings connected tlereWith are situated on
one two, three anu I0ur ol the block, and ths
defendants are In possession OF The lois In suit,
claiming under title derived from the city OF San
Francisco. 1ne decision below sustained title OF
the defendants, and that Judgment Is now affirmed
by divided court.
No. II. Morgan rs. The T0'rn OF Beton.--Ths case
comes from tue Circuit Court for the district Of WIS.,
con;in, WlCre u maldnlnas was refused 10 compel
the levy or tax 5uhicent TO pay Che Interest ON
bonds issued by the town IN aid OF certain rat.
vided court.