I understand it takes the ground that, as the
law is a living or profession, the oath cannot be insisted
upon to take that living away, and that the President's pardon
restores all such rights. The country has been repeatedly
admonished that such a decision would be made about this time;
nevertheless, a very considerable sensation was created when
it was officially enunciated. All these movements are but
preparations for a counter-revolution in the interest of
slavery and treason." ---- "I learn that the opinion of Justice
Field against the test-oath, like that against military trials
in time of war, goes outside of the immediate case in issue,
and indulges in a fierce onslaught upon test-oaths
in general. If so, it will only add another reason for such a
re-organization as will prevent the judges in the last resort
from becoming the mere agents of party, or the mere defenders
of rebellion. The adage constantly quoted, yet never out of
fashion, that 'Whom the Gods wish to destroy they first make
mad,' is having a pointed illustration in these successive
judicial assaults upon the rights of the people. Although
the Supreme Judges hold for life, there is at once precedent,
necessity, and law for such a change in the present system
as will in a short time make it a fearless interpreter of
republican institutions, instead of the defender and apologist
of treason.
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