undamental and unchangeable. They assume that the
parties are guilty; they call upon the parties to establish
their innocence; and declare that such innocence can only be shown
in one way--by an inquisition in the form of an expurgatory oath
into the consciences of the parties." And then, as preliminary to
the discharge of the priest from long imprisonment, the court
concluded its opinion with a pertinent question from the writings of
Alexander Hamilton: "It substitutes for the established and legal
mode of investigating crimes and inflicting forfeitures, one that is
unknown to the Constitution, and repugnant to the genius of our
law."*

[*Footnote: Fourth Wallace Reports.]

During the period extending from the promulgation of the Drake
Constitution to the setting aside of some of its obnoxious provisions
as heretofore mentioned, an old-time judge still held court on one
of the Missouri circuits. He had somehow been overlooked in the
political upheaval to which the State had been subjected. He
had come down from a former generation, and, unabashed by the clash
of arms, still served sturdily on his wonted way. The rife spirit
that boded destruction to ancient landmarks had passed him by;
Magna Charta and the Bill of Rights were to him abiding verities.

Now it so fell out that during the period mentioned, while presiding
in one of the border counties of his circuit, he was greatly
astonished, at the opening of his court upon a certain morning, to
find half a dozen ministers of the Gospel, all of whom were personally
known to him, snugly seated in the prisoners' box.

With characteristic brusqueness, the judge at once demanded of the
attorney for the Commonwealth why these men were under arrest.
The not unexpected reply was, that they had been indicted for
preaching without first taking an oath to support the Constitution
of the State of Missouri.

"Ah, Mr. Prosecutor, a very serious offence, a very serious offence
indeed. The makers of our fundamental law have wisely provided
that no man shall be permitted to preach the Gospel until he has
first taken an oath to support the Constitution of the State of
Missouri. It is the duty of this court to see to it that this
wholesome provision of our Constitution is duly enforced."

Addressing himself now to the prisoner nearest him, His Honor
inquired: "Is it possible, sir, that you have been guilty of
the crime of preaching the Gospel without having first taken a