The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-01
THE TEST OATH DECISION.

II
The repeal Of the test oath for Jurors In the
south has beer measure lately occupying d
prominent position In our contemplated Ma
taonal Legislature. By some strange error Of
iudgment,or of chance the test oath has re-
mained epon our statutes as measure Of
persecution against the people Of the South.
For the past ten years the records Of the
United States Court In Louisiana have been
made up OF successive chapters reeounting
the persecution VI Cur citizens, who, charged
with alleged violation of the enforcement
acts, have been dragged from their homes, |
thrown into jail and brought up for trial by
jurieH which iuries were mere moekery 81
the name. sense and intent OF this mode Of
trial The Federal juries impaneled for the
political prosecutions of 1879 and for those Of
1879 were packed bodies. They were packed
for the reason that the peers Of the prisoners
were utterly excluded by the Federal test
oath from sitting on their cases.
This test OATH which disqualifes nine
tenths Of the white men Of the South. who
are over thirty years of age, from trying the
alleged ofrerses OF their countrymen, was
framed In an era Of civil war. It was essen
italy war measure: one calculated to pre-
vent the shielding Of alleged crimes by juries
supposed to be In political sympathy with
the alleged criminals.
Its wisdom 40 war measure might not be
questioned. But that this law should remain
unrepealed Oh our statutes and sanctioned by
the District and Supreme Courts of the United
States for fourteen years after the restoration
of peace and ten years after the complete re-
construction Of the revolutionary States has
been Disgrace to the civilization and slur
upon the Jurisprudence Of the age.
The test oath was an act once intended to
dlsqualify the white race from trying the
ofIenses of one member thereof. Il effectu-
ally abrogated the right Of trial by Jury
While 1t remained operative paid periurers
and professional talesmen have sat to decide
upon the innocence or the guilt Of men whom
II were an insult to call their snperiors; and
by these creatures innocent men have after
being deprived In advance Of the slightest
chance Of vindication Of the charges made
against them. been doomed to long years of
penal servitude In Northern iails.
However. odious as this measure has been.
II has remained I'LL now unrepealed by legls
lative action
But fortunately the force OF the law
has been utterly destroyed by the pro-
mitigation Of the opinions Of Justices Mil
Ter and Field Of the United States Supreme
Court delivered on an appealed case from the
Circuit Court Of Florida. The pleading in
error OF the lower court was basel upon the
presumptlve disqualification Of Jury. one
Holmes. who 1t was alleged was disqualified
On account of former treason against the gov
n
aided and abetted In the rebellion. This ques-
tion, with the advice of the court, he declined
to answers The question brought up before
the Supreme Court was upon the decision OF
the lower court sustaining the refusal of the
| Juror to answer the above question. Ii was
| said by the court that Juror Is no more
bound To declare his guilt Of the crime sug-
gested in the question than the witness In
order to test his qualification.
| Mr.. Justice Field, In delivering an opinion
on this case. stated that a juror could not be
required to answer the question: and went
further, saying that he did not think that the
act Of Congress, which, BY requiring the test
oath, as to past conduct, excludes the great
majority Of citizens OF one-half OF the country
from the jury boxes valid. In his judgment
the act liz not only oppressive, odious and re-
pugnant to the spirit OF our institutions, but
1t Ia clearly unconstitutional and void. As
war measure to be enforced In insurgent
States. when dominated by the national
forces, tho act could be sustained but after
the war was over and these States were re-
stored to their n.,rmal and constitutional re-
lations to the Ution, 1t was as much out Of
place and az imperative, as would be law
quartering soldier In every Southern mans
house.
| The Republican demagogues have, lhow-
ever, hitherto ignored wherever they could all
construction of laws which we're unfavorabe
| to the execution OF their plans. This opinion
of the Supreme Court judges is not absolutely
| q formal declaration of the entire unconsti-
| nationality Of the test oath act But 1t should
| BIO regarded by the President and the Repub-
| lican minority In Congress In such light as
| to cause them to abate their hostility to the
proposed repeal 1t should be sufficient to
show them on what utterly untenable ground
they stand, and prevent them from interpos-
ing further obstacles against the undoing Of
an Infamous measure. After this there should
be no further hindrance or the early and abb
solute repeal Of the test oath by Congress-
This informal declaration Of the unconstitu-
tionality OF the measure should fall like oil
on the troubled waters Of sectional debate
and 1t should be the herald Of complete
guarantee that hereafter fair trials shall be
accorded to those in the South who have to
answer for charges OF crimes against the
| general government
THE ACT OF 1857.
The New Orleans Times OF Yesterday seems