The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-05
THE TEST OATH,

From the account OF his speech contained
In our dispatches yesterday we have no doubt
that Mr. Cox, OF New York, made q learned
as well as able effort In behalf of the repeal OF
the jurors test oath. We are not informed,
however, as to the exact status Of this meas
ure before Congress-
| Our understanding has been for some time
past that Hayes had declared Of his own ac-
cord, and with something like enthusiasm,
that he would approve without hesitation any
action Congress might take repeating the ex-
listing law exacting this oath as qualifica-
ton for jurors In the Federal courts. This
declaration, which had all the appearance OF
authenticity and came directly from Hayes,
we had supposed ended all doubt Id regard to
the matter and we have, In consequence been
at loss to understand why the measure had
not long since been presented and finally dis
posed Of. But, then, we must remember that
Garfield, who is prj,nus inter pares among the
select conclave OF stalwarts who keep the key
to Hayes's conscience, also declared openly In
the House that the presence Of troops at the
polls was a menace to popular liberty
and the security OF the ballot, and that his
party would vote for the repeal Of the laws
II presented as separate measure and that
his only objection to such measure was the
offensive manner in which the Democrats
were endeavoring to force it through, by
making IT'S acceptance by the Republican adj
ministration the conditions Of the grants of
the ordinary money supplies needed to carry
on the several departments Of the govern
ment.
How much sincerity there was In this prot
estation, is shown in Hayes's messages veto
ing the appropriation bills, In which 1t is
shown that Garfield uttered pitiful false
hood and that the objection was to the meas
ure itself on it's merits, and because OF the
dangerous power repoeed In the hands OF the
Republican Executive and not on account OF
the manner in which the Democrats forced
the Issue In Congress.
It is more than probable that the Democrats
In Congress place no more confidence in
Hayes's assertion in regard to the test oath,
than Garfield's In regard to the presence Of
the army at the polls have been proven to be
entitled to- It Is to be presumed that the
course they have taken In delaying action on
this measure has been advisedly taken, and
for that reason we have not ventured to criti-
else them.
But we insist that Congress shall not lose
sight Of this important measure. So long as
this test oath remains as qualification for
jury duty the lives and liberties Of our people
remain at the disposition Of q partisan adj
ministration, subject only to the exigencies Of
party policies and fortunes, and such thing
as fair and impartial trial by jury is an inn
possibility. Our courts at law lose their ju-
dicial character and become mere engines
OF political inquisition and party revenges.
Certainly the Democratic Senate and House
OF Representatives cannot allow such q con-
dition of affairs to remain possible. We
again call upon them to take immediate steps
TO wipe out this most obnoxious, this most
unjust and dangerous provision OF the law.
Whether Hayes was sincere or not In his
avowaIs, there can be no use for any more
speech making. II he has no objection to the
repeal there can be no necessity for lacking 1t
on to any other measure. His sincerity
should be tested, at least.