Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-01-24

you their names, As iolloWsi VIZ l. Geo.
w. Aubrey; 2. Henry A. AuIt; ,. Benz.
Bone; 4. John Berglalei 3. Aaron W.
Mcdonald: 9. John Afford.
81 am respectfully,
Your obedient servant,
~, P. BENJAMIN, Sec'y Of War.
"Johu Randolph Tucker, Esq, Attorney
Gen'l State OF Virginia, Richmond"
Mr. SMrH said that the authorities at
Washington had sent a request 10 the M.
lhorlttes here, for knowledge Of the above
named persons. 1t is requested that any
member Of the House having such knOwl.
edge, will go 70 the AdjuIRnt Generals
office as soon as possible, and give the de.
sired information, that the authorities at
Washington may indicate to the Richmond
>rGbels the names Of an equal number who
will DO executed for those named in Benja.
min s Recommendation. The highest crime
charged against any Of these Uen is, that
they we're Union men, and some were caa-
didntes for seats 10 this body.
Mr. Robinson offered resolution that
the House will, with the concurrence Of
the SENATE, proceed on Saturday next 70
the election Of United States Senator.
This resolution elioited some conSidera-
BILE discussion, the prevailing opinion
seeming to be, rs the vacancy would not
occur this year, that the election had bet
ter be postponed
Messr5. Smith, Minor, West aud others,
spoke upon the subject, but objection being
made, the resolution went to the table.
The bill prescribing oalhs ia certain cases
1.-THE main features ofwhich we have already
given), was taken up as unfinished BUSH
ness.
The question being upon the amendment
to strike out n3O' and insert "GO, so US TO
extend the time Of taking the oath in cases
of ministers .! the gospel, Nc, Davis called
the ayes and noes with the following re.
suit; Ayes, 90; nays, 10.
Mr.. SMITH moved an amendment, which
was adopted, relating to the taking Of the
oath in courts which shall hereafter
be organized ia counties now not un-
der our Jurisdiction.
Mr.. Vance moved to strike out the whole
section. He said 1t ou!y prevented minis
ters from performing the marriage cere-
mony, and left them free to preach as much
treason as they please.
Mr. SHlrH reminded Mr.. Vance that
section G of the bill, provided for the pun
ishmcnt OF those who preached treason af'
ter taking the oath.
Mr.. VANCE said tho Legislature had no
power to punish men for treason against
the United States.
Mr.. Smith said the Legislature had pow
err to impose conditions upon privileges
which It granted.
Mr. DAVIS said there never was Nn in.
stance Of such legislation rs this before
This thing of OAlhs was something 10 be adj
Indicated in a higher tribunal than this
He would show before be was done with
this bill that il violated not only the letter
but the spirit Of the constitution, The idea
of depriving man Ofrights and Furnishing
him for crime because he refuses TO take
AN oath is n kind Of legislation more suit
able to q more barbArous age. A Govern.
ment without IL constitution is no Govern.
ment at all. Better to have no Government
at all than 10 maintain it by uncOustitu-
tional means.
Mr.. SMiTH said it would be remembered
that Breckenridge, Burnett and Valandig-
ham raised these very questions in Con.
gress. The object Of this bill is to bring
wolves in Sleeps clothing up to the test
We are struggling to establish loyal
Government. and IL We expect TO do that
we must unmaSk our enemies and bring
them up to the mark, Mr.. Smith wanted
to know il Mr.. Davis considered that rebels
who were seeking to put down the Govern.
msut had rights under such Government,
Mr.. DAVIS said those very persons had
rights under this Government and you
could not deprive them Of their rights
without due process Of law. mere re-
fusal to take an oath does not constitute
treason.
Mr.. SAITH repeated that the only qnes-
ton was, whether we, us State, had 4
right to impose conditions upon persons to
whom We grant privileges, aud whether we
have a right to punish persons for perjury.
All this hihlulin about vested rights bad
nothing to do With It.
Mr.. VANCE asked where State Legisla-
ture got the power to punish man for q
violation Of an oath to support the Con.
stitntiou Of the United Smtes2 He called
the ayes and noes upon his motion to
strike out the third section in relation to
ministers, with the following result. Ayes
., Noes 81.
Mr.. RufFner took occasion to call upon
the Speaker to enforce the rules Of the
House, and not permit such rambling de-
bates as we have heretofore had. We
cannot get along unless this is done.
Mr.. DAVIS moved TO amend the bill in