The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1879-05-07
The jury Test-oath.

The Jury Test-Oath.
The following was among the important cases
on which decision was rendered in the United
States Supreme Court recently:
THE JURY TEST OATH As TO PARTICIPATION IN
THE REBELLION.
235. George Bart vs. NJ NJ Pangoud Error
| to the Circuit Court OF Florida In this case d
Juror was asked II he had aided and abetted in
the rebellion, and, upon being advised by the
Court that il optional with him to answer OF
not declined answer: but he did not serve as
juror, although motion to exclude him for
cause oyerruled. The of his not
serving is not shown by the record. The ques-
ton here upon the ruling of the Court as to
| the duty OF the juror TO answer the question;
and IL Is said that juror is no more bound TO
declare on oath his guilt Of crime than wit
ness in order 10 test his qualification. In this
| case an affirmative answer would have admitted
| treason and, whether pardoned or not by gen
eral amnesty, the juror could not be required to
declare the fact in this manner The judgment
and ruling Is affirmed.
| Mr.. Justice Field agreed that the Juror could
| not be required To answer the question and
| went further, saying that he did not think thai
| the act of Congress, which, by requiring a test
| oath TO past conduct excludes a great ma
jority OF the citizens OF one half of the country
| from the jury box, Is valid. In his Judgment
| the act IS not only oppressive and odious repug-
nant to the spirit OF institutions but i
| clearly unconstitutional and void. As a war
measure TO be enforced in the insurgent States
| when dominated BY the national forces the act
could be sustained; but after the war was over
and these States were restored to their normal
and constitutional relations TO the Union ii was
| as much out OF place and as imperative as
would a law quartering soldier III every South
| ern mans house.
The decision Of the Court was not
that test oath is un constitutional in so
many words, but itamounts to that The
juror Holmes was challenged on the
ground that he was disqualified under Sec
ton $50 ofthe Revised Statutes. which
authorizes the application of the test
that the juror had not aided the so-calIed
rebellion. The court below ruled that
Holmes need not answer any questions |
touching his qualifications under this !
section, and overruled the challenge.
The Supreme Court holds that Juror
is no more obliged than a witness to
disclose on oath that he is guilty of any
crime or of any act which would render
him infamous in order to test his quail
tications as juror. In other words.
that he could not be forced to criminate
himself. Justice Field, in his separate
opinion, went further and said that the
law was unconstitutional and void.
S. Gathright- A. e. M.
College.
A writer in the Chickasaw MESSENGER
makes suggestion in reference to the
aculty of the Agricultural and Mechan-
cal College of Mississippi, which will
meet with hearty response from the
public. He says:
Your correspondent would respectfully suo
est the name OF Thos 5. Cartwright now Presi-
ent OF the \. & NJ. College of Texas. as the
lost suitable person To be put at the head of :
ar institution. President Gathright is most :
lvorably known from one end of this State to i
ne other For about thirty years he was at the
eau OF SunmerVllle Institute, second only To [
ne University at Oxford His students reside Y
] every county; and by consequence, with him
) President the A. d NJ College would at once p
e known, and regarded a success All his .
ID pupils and patrons would rally at once to the
lPPoft oil the College. His character is too t
scholar, educator, to require
Then President Gathrieht has
10 the experience OF organizing and conduct Il
e To a grand success the A & NJ COLLEGE of
sXas. lie could do the same here IT is be- u
eved his love for Mississippi and her people II
ouid compel him to accept the position if of
req nm, though to do so he may have to re- II
On position that is at present more eligible !
ID more profitable. d'
The same writer suggests Prof Du- p
zee, of Okolona, and Prof. Turner. of II
as suitable persons for mem
rship in the faculty. The Board of an an
justices consists of prudent, practical tn
en- who have the welfare of the enter co
Use at heart. and will act with DELHI -
alton and wisdom.