Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-04-23
THE TEST OATH 1LLUsrRArED.

While it is proposed in congress by the
Republicans to make pensioners of vagrant
negroes, the Republicans of South Carolina
are laboring to fill the penitentiary with
honest white citizens, under the operations
OF the infamous test oath, which the Demo-
Gratis are laboring to repeal. No stronger
argument IN favor of the prompt repeal of
the provisions of the law which permits the
exclusion from the iury.box in the Federal
courts of all persons who In any way partici-
pated or sympathized with the rebellion
could be desired than is furnished in the
proceedings in the election cases now being
tried in the United States circui. court in
South Carolina. The cases in question are
prosecutions for violating the Federal cleo
ton laws. interfering with supervisors
and deputy-marshals. The BAlti-
more Sun shows that instead
of moving the court in its discretion, to order
the application of the test oath, the district
attorney has chosen to challenge particular
jurors, first questioning them as to the fact
OF their having served in the Confederate
army, etc. To this mode of proceeding
counsel for the defense objected upoa several
grounds. First, that section $40 had been
repealed, and was no longer in force. Sec
ond, that no man could be required to furnish
testimony against himself which would tend
to criminate or disgrace him. Third, that it
was the duty of the district. attorney to show
that the juror was disqualified by independent
testimony. All these objections were promptly
overruled by Judge Bond-Judge Bryan, the
district judge, however, dissenting. Conse-
quently, it ls said, the district-attorney, exer-
cising the unlimited right of challenge al
lowed by the court has been enabled to ex-
clude every Democrat summoned from serving
on the jury, and to secure juries composed
exclusively of white and colored Radicals.
Moreover, he has been able, by the same
means, to discriminate between ex-Cont ed
crates who are Democrats, and those who
have since become Radicals. Both classes
are equally disqualified under section 800,
and both would be alike excluded by the ap-
plication of the test oath, as provided in Sec
ton S2l. The district-attorney, however,
proceeding,as stated, under section S20,is sure
to make no suggestion of any cause of dis
qualification, and interposes no challenge or
objections In lthe cases of ex- Confederates
who have since the war been acting and vot-
ing with tine Radicals. 1t Is not surpris-
ing that this mode of conducting the
cases, and Judge Bonds rulings, which
have facilitated the action of the district at
torney, have alike created the deepest indig-
nation in South Carolina. and ale beginning
to attract attention at Washington. What
makes Judge Bonds course seem peculiarly
open to criticism is that in the election cases
here, when the objection was raised that the
indictments found by a grand jury one OF
whose members was disqualified by section
800 were invalid, and decision of Circuit
Judge Woods was cited in support of the po-
sition, Judge Bond held the question under
and adjourned his court without
deciding it. Where the provisions of the
same section are invoked in South Carolina
not, however, by counsel for the defense, but
in aid of their proseeution-the same Judge
finds no difficulty in giving them the broadcast
contended for by the prosecuting
attorney. 1t is palmer than ever that stat
utory provisions which are capable of being
put to such partisan uses, and which may be
enforced or not enforced, at the pleasure of
the court or of the district attorney, as the
exigencIes of the particular case or the sup
posed interests of the prosecution may re-
quire, ought to be as promptly as possible
swept from the statute book. If the statute
justi6es Judge Bonds Interpretation of 1t and
the district attorneys mode of applying 1t,
so much the worse for the statute and the
stronger the case for repeal. 1t should be
however, that District Judge Bryan
has dissented, though fruitlessly and unavail-
ingly, it appears, from Judge Bonds appli-
cation of the law.