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The Daily Dispatch: December 27, 1865., [Electronic resource], Semmes, of the Alabama. (search)
a purpose, in connection with the postmaster, to give a broad intimation to the President that his views of suffrage and the white man's present superiority over ignorant "freedmen" do not suit their high mightinesses. [The names of the officers are published with the evident purpose of calling the President's attention to their officiousness.] The Lawyers' test oath. There is a great deal of curiosity entertained as to the probable decision of the Supreme Court in the case of Mr. A. H. Garland, of Arkansas, who declines to take the test oath. The argument against the constitutionality of the Congressional test oath has been delivered, and it is rumored about that the court will decide against it. Mr. Chase is decieedly in favor of exacting it, but the rest of the judges do not, it is said, agree with him. Constitutional Amendments. Thirteen different propositions are now pending before the House Committee on the Judiciary to amend the Constitution of the United Sta
The Daily Dispatch: December 27, 1865., [Electronic resource], Semmes, of the Alabama. (search)
Argument of Reverdy Johnson on the test oath. --In the United States Supreme Court, to-day, pending, the case exports A. H. Garland, of Arkansas, asking to be allowed to practice as a counsellor, Hon. Reverdy Johnson delivered the following argument against the constitutionality of the Congressional test oath: "There being no antecedent government to our own, it is necessary to look into the Constitution itself to see what powers were originally conferred upon Congress. These being stated, Congress is authorized to pass all necessary and proper laws to carry them into effect. These powers are to be so construed as to effect the object they are designed to accomplish. It is the duty of the Court to ascertain this, and then determine whether the legislation will defeat or secure the end. A restriction to the class of powers is that Congress shall pass no expost facto law or bill of attainder. The meaning of this is well understood to be any law which makes an act a crim