The Montgomery advertiser., 1908-07-02
THE MONTGOMERY ADVERTISER.

tried before him that he frequently in- sisted with counsel on both sides that they should settle the matter between the utigants in the way he thought riSnL lie was not scholarly judge and the reporters are said to have | smoothed down the rough edges of his opinions. But these opinions were his own and he was not afraid to differ win Judicial or party associates. ! In 1864 one Miiligan who had lived in Indiana for twenty years and had never been in the military service of l the United States, nor in the South at all during the war. was arrested in Indianapolis; brought before a military commission; tried on the charge of be- ing a member of treasonable secret society and condemned to death. Pres- dent Johnson approved the sentence and 1t was ordered to be carried into effect May ls. 1885. The matter was Judge Davis opinion is worthy of the highest praise as .vindicating the right of the citizen to trial by a civil court, deoee o seiore i0 mast jury of his peers He | pensing power of President or Con gress of the guaranties to life and 5oerty contained in the Constitution; all crimes the crime of punIsh1lng any citizen In any way not ordained by law. He declares that a government the sacrifice of the rights of the citf- zen secured to i1im by law Is not worth preserving; that martial rule cannot at cv courts are eu open and ro5ca the eIS poR CT strong enough to deal with offenses and offenders; and that the Constitution is Tor rulers and people, for war and peace, Tor all men and under all cir cumstances.
 These are not only noble thoughts: this E not only the language of lib- erty but, thought and language testify and proclaim that here was a mind and soul cast In the mold of freedom and instinct with reverence for the ab- solute equality of law.
 Judge Field was appointed in 1883 to a place made for him by Act of Con- gress. His career was most remark all of whom became widely known and distinguished. He was, by travel and study. thoroughly trained for mental leadership. He went to California in of bold adventurers. well named Ar gonauts of '49," for they went In search of fleece more golden than Jason sought. and the untrodden path across the continent held for them far more of peril than did the wine-dark sea for him. He did much in framing the con- stitution and laws of his adopted state. and became chIef-tustice of It's Supreme Court after having been disbarred by
 The attempt Of David Terry. in 1889, 10 kill him. and the dramatic incidents leading up to this event are told with
 
 tice Miller in the case of Neagle. the deputy marshal whose vigilance and courage alone prevented the catastro- phe.
 Judge Field was man of wide and general requirements and commanded a diction of marvellous clearness. There has never been upon tlls court a great or master of the English language. His most notable contribution to war-caus- es are the two opinions in the ironclad or test oath cases.
 The Reverend Father Cummings a Roman Catholic Priest. was lined under 8 law of Missouri for teaching and preaching without taking a most dras- tic oath that he had never given aid. ate cause. A. II. Garland afterwards Attorney General of the United States, was a Senator in the Confederate Con- gress. He was before the war a mem- and after the war was fuliy pardoned by President Johnson. He offered to resume his practice as lawyer and was met with the objection that under an Act of Congress he must, before do- ing so. take an oath that he had not given aid or comfort to the Rebellion. Justice Field broke down these bar riers to the pulpit and the bar and de- lation of the Constitution. Here again precedent is set 1t Is to be hoped for all time.
 history of tyranny or malignant fact ion than the enforcing of test oaths. I mean those which relate to conduct an- terior to the time when they are first prescribed. And 1t seems sheer mad ness to enact that such offices as teach : CT or preacher shall be dependent upon such an expurgation.
 In the case of Mir. Garland there was full pardon. issued under the power granted in the Constitution to the President A pardon reaches the offense and the offender and in the eye of the law the pardoued are as innocent as tn oee who have committed no offense. To take away life, to take away lib- erty. to take away property as punish