The silver state. [volume] (Unionville, Nev.) 1870-1903, 1879-04-30


Maria Nj. Ponjoud, in error to the Cir
cult Court of the United States for the
Northern District of Florida: This was
an action of ejectment brought to re-
cover possession of two lots of land
which defendant in error claims under
certain deeds. Among the errors as
signed was the ruling of the lower
Court to the effect that certain Henry
Holmes, called to be juror in this case,
was not obliged to answer questions
touching his qualifications as a juror
under section $40 of the revised statutes.
Under this ruling Holmes declined to
say whether he did or did not partici-
pate in the rebellion. He was chal-
lenged ON the ground that he was dis
qualified under the aforesaid section of
the revised statutes, and the Court
overruled the challenge. Upon this
point the Court holds that the juror is
no more obliged than witness to dis
close ON oath his guilt OF any crime, or
of any act which would render him in
former. In order to test his qualifica-
tons as juror, questions were asked
him which, if answered in the atirma-
tive, would have convicted him OF the
crime of treason. Whether pardoned
by the general amnesty or not, the
crime was one which, in the opinion of
this Court, he could not be required to
disclose in this manner. If he were
guilty, the challenger had right to
prove it by other competent testimony.
As he did not offer to do this, and as
the jurors incompetency was not
proven, the Court was not bound to ex-
clude him. AS to the ownership of the
lots, the Court holds that there is suf
ficient evidence of the defendant of
prior possession, and that she is en-
titled to them both.
Justice Miller delivered the opinion.
Justice Field delivered separate con-
curing opinion with regard to the test
oath demanded of the juror Holmes as
follows: 81 agree with the Court that
Juror Holmes in this case cannot be re-
guired to answer questions put to him,
but go further. LIDO not. think that
the Act of Congress, which, by requir-
ing test oath as to past conduct, ex-
cludes great majority OF citizens OF
half the country from the jury box, is
valid. In my judgment the Act is not
only oppressive and odious and repug-
nant to the spirit of our institutions,
but is clearly unconstitutional and void.
As war measure to be enforced in in
surgent States when dominated by the
national forces, the Act could be sus-
tanned; but after the war was over and
the insurgent States were restored to
their normal and constitutional rela-
tions to the Union, it was as much out
of place and as imperative as would be
a law quartering soldier in every
Southern mans house. ytca.s,- IT'D.
Justice Strong dissented from, the
opinion of the Court.
The New York Times has an editorial
discouraging the project recently sug-
gested at Albany and Harrisburg Of
sending a delegation to San Francisco
to welcome Grant. The writer does
not believe in manufacturing enthusiasm
or converting what ought to be simple
and spontaneous expression of respect
into display of carefully rehearsed
theatrical effect.
The official report of an earthquake
| at March, Persia, on the 22d of March,
! says that 81 villages were totally
destroyed; and 922 persons, 2,66O
sheep, LIS oxen, l24 horses and SO
camels were killed
| What the Democrats will do with the
veto message is the next absorbing
question. The Worlds Washington
correspondent says that all the stories
that have been circulated about the
Democrats backing down or extending
for six months the appropriations of
the current year are entirely without
foundation. The Democratic leaders
| have made no decision as to their action