Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-02-01

The bill providing for the exemption of
$500 worth of property from levy and dis
tress, and homestead for INDECENT debt
ors, was reported.
SIR. SMITH moved to pass the bill by till
tomorrow morning.
Upon this motion Mr. Davis called the
( ayes and noes, with the following result :
I AYES IS, noes I.
/ The bill Incorporating the Wheeling
Gymnastic Association, was passed.
1 The bill changing the place of holding
| elections in Braxton county, was passed.
The bill requiring all persons who may
institute and maintain suits in any court
4 of record, or before any Justice of the Peace,
TO take an oath to support the Constitution
OF the United States and the restored Gov
ernment of Virginia, was reported.
/ Mr.. FARSswoRTH said he was willing
that vote should be taken upon the bill
without discussing it. He read from
book showing that the Legislature of Vir-
ginla had passed similar law in l777.
| Mr.. DAVIS said he considered it his duty
to his constituents to enter his protest
against bill which he considered wrong,
not only politically, but morally and religi-
ously. With all respect to those who would
! probably favor the bill, he considered it a
| piece of downright dishonesty. 1t was not
IN the power of this Legislature by mere
! legislative action-a bill of attaiuder as it
ts-to determine mems loyalty. The reason
assigned for the passage of the bill is that
1t is desired to find who are loyal and who
| are not. That is so clearly fallacious that
no argument is needed. II will only serve
TO point out in the community those who
are the most reckless and abandoned. The
taking of these oaths will never make a
man loyal, because after taking them he
| will be ten times more rebellious. When
| you impose upon man thing to which
his conscience does not assent, you commit
moral perjury. 1t is not the province of
this body to look into the consciences of
men to determine whether they shall be
entitled to privileges already guaranteed
/ by the Government. The refusal to take
this oath is not an evidence of disloyalty.
Some may consider it wrong to take any
oath. The'ouly object of the law will be
to encourage dishonesty and fraud. He
| proceeded to demonstrate how the whole
object OF the bill would be defeated-and
how it would rebound to the injury of
loyal men as well as Secessionists. The
| Government can never be restrored by
these disappearing bills and the wise men
at the head of the National Government
know 1t and have not, nor will not, try it.
Instead of strengthening the Government
you will weaken it-instead of bridging
the gulf between the Union men and the
secessionists you are making it more wide
He said it had gone forth that he was
secession sympathiser, perhaps in conse-
| quence of his opposition to these bills, but
no man more Ardently desired the restora-
ton of the Government
Mr.. SAITH said he thoughht this bill
went little too far. lie might be thought
inconsistent, but he thought not. His po-
sluon was known in regard to the license
question. He was in favor of imposing
these saths upon all who appIv for liz
censes. This is just aud right The State
has right to impose conditions upon the
privileges which it grants to citizers. The
case before us is very different. In this
case the State is not party. The pass
age of this bill would interfere with pri.
Vate contracts. He said that the taking
away of the means of enforcing a cou-
tract, was virtually impairing the obliga-
ton of contract, and therefore in viola
tion of the Constitution.
Mr.. WEST interrupted Mr. Smith with n
question. He said it seemed TO him that
the gentleman from Marion was occupying
the position which his opponents had &C.
cupied. He (Mr. West) was of the onion
ion that rebel had no rights. He sacri-
heed all his rights when he became a rebel.
Mr.. SMITH replied to Mr.. Vests uues-
ton; aud concluded by saying that he had
only wished to say a few words that he
might not appear inconsistent.
Mr.. FARSswoRTH said the bill was not so
odions the gentlemen had sought to make
1t. The gentleman from Marion (Mr Smithl
mad gone of with his old opponent, the
gentleman from Harrison (Mr. Davis).
He would remind the gentlman from Ma
rion Of the fate of poor Tray, and would
also remind him of what would follow his
6acksliding He took the position that
there was no difference between the Ii
cense bill and the one under consideration
and that both were right and proper.
TIE hour of D o'clock having arrived
the Speaker vacated his chair.