Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-01-22
VIRGINIA LEGISLATURE.
Home OF peleaatss.

Ne I9ANhA lEVuA AaN AfNAAAstAseN " =
nance reported back toe Senate bill !o' the
:ellef Of Allen SinpSCu.
Nc. SNITH from TIE Committee on Courts
ofJusiiee reported bill providing for tho
OF ihe prpPSrty VI grbsls
Ga molten Of Mr. KRAMER the tulcs werg
suspended and = number Of bills on their
6Tsl reading we're reported By their Jules
in order to bepriuied.
Tho bill 70 reorganiEe the kaHaWha
Board and TO provide for the collection Of
tolls on tho Hauawhs river and road, was
reported.
Nr. EuTTsEE offered a sUbstilae for the
bill when both the bill and substitute were
passed BY, at the suggestion Of Mr.. Brown.
The bill extending the Jurisdiction OF
Justices Of the Peace was ordered 70 'id
engrossneut.
Toe bill prescribing 0aths 10 certain
cases, was taken up 90 is srcoud reading
The bill provides for the punishmens OF
those who voluntarily assume upon them
selves oa!hs, aud afterwards violate them
by arguments, oral or written, CT other
wise
A substitute for tue bii! vas reported.
The substitute provides that no commits
siouer OF the reytnue shall grant license to
any person to practice any profession, or to
conduct any buiineh Or calling, without
first rsuuiriug such PersOnss to take and
subscribe tue oath prescribed by al Ordi-
nance Tor the Reorganization Of the State
Government. The substitute also provides
that attorneys AZ law, ministers OF the
gospel, physicians, surgeons, dentists, bsuk
officers, bank directors, keepers Of toll
bridges, roads aud ferries, tho officers OF
all associations and Institutions IN which
the State has an interest, aud 30 forth, shall
tako aud subscribe the oath afOresaid.--
Also. that 1t shall DO tue duty Of the clerks
Of all counties in which Courts OF Justice
have been organized, TO have prepared at
tue expense OF their respective counties,
printed copies Of the oath aforesaid, to be
kept by them, for the use Of the ccmuia-
siOners Of the revenue, and all other per-
sons authorized 10 administer the oath
aforesaid In their respective counties. And
il shall bs tue duty OF all such clerks, aud
all other persons authorized TO administer
the oath aforesaid, upon the application Of
any person for lieen1c or other purpose
requiring the taking Of an oath, to require
such person, amer taking the oath aiore.
said, to subscribe his or her uame, in his
or her own hand writing, and u such per.
son cannot write, then by his OF her mark,
sltested By one witness aud the name Of
tho person administering such oath, to one
Of said printed copies Of said oath, and the
clerk or other person administering said
oath shall reqnite the party 80 subscribing
to give his or her age, residence aud Occu.
patton, which shall be inserted by the per.
sou administering said oath, on the back
OF the said printed copy, IN II plain leglble
manner
The substitute also provides that all
persons who are now licensed by existing
laws, to practice any profession, or TO con.
duct any such business or calling who have
not taken and subscribed said oath, and
bad the same duly filed shall within thirty
days after the passage Of this act, go before
one authorized to administer such oath,
and take and subscribe the same In the
manner provided in this act. Any Que
failing to comply With the provisions Of
this section shall forfeit his license.
Nr. DAVIS moved 10 strike out this lat.
ter clause, as it iuterfered with rights and
franchises which ths legislature ought not
10 disturb. He said thRt this was Ia the
nature Of an e1poSt Eteio law aud caIcula.
ted TO impair tho obligations Of contracts,
and IS therefore unconstitutional, as tue
constitution declares that Congress shall
pass no such law.
Mr.. SMlTH said the clause would not DO
II pOlt Jqeto Ia lis operations. TWAS not
proposed to interfere with persona as to
their past action. It Is only proposed that
persons exercising privileges granted BY
the Government shall only continue 70 do
90 upon taking M oath to support the gov
eminent which grants these privileges
No privilege will be denied TO any man to
whom we should extend privileges.
Mr., BBowS said be didn't think the OBJ
lection OF the gentleman from Harrison,
(Mr, DaviS) WAS we'll taken. These privi-
legeS were granted 10 persons upon the
presumption that they were loyal citizens
The person TO whom the lice use is granted
must not bold tho GoVtrnmeqttO contract
which he himself may violats by playing
truaut. The Legislature has passed laws
compelling lawyers, doctors and merchants
before taking out licenses to take an oath
not to pass small notes. The bill before
the House rests upon precisely the same
principle.
Mr.DAvIs insisted that the clause impaired
the obligations Of contracts. When a man
takes out license, no becomes vested with
franchise, With which no subsequent act
con interfere. ThepersoR has made con-
tract with the Government, aud any act
calculated to interfere with this contract 10
in violation ofihu Constitution. Tho object
Of thG law was TO impose upon tho con.
sciences Of men restrictions that nre 0ppos.
ed to the spiritof our Institutions. It is in.
tended TO make men who differ with US poll
ically come TO the standard which We have
SGT up. II men commit treason punish
them By the law. You must not take
away a mans life or his liberty or proper
~ without due process Of law.
Mr.. SMTH said this was no time to be
liberal. We were struggling for very cx-
isteucC, aud we cannot afford to be liberal
to those who are trying TO drown US. We
do not expect TO control the eOnsciCnecS
or judgment Of men, but We DO expect to
control their action. he said the gentle-
man from Harrison, ME Dayisl was Cling
a special plea for those in rebellion.
NJ DAYIa said he wna mot nlaadinn far