The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-10-07

The Test Oath.
There is in the minds Of many citizens
of the State misunderstanding concern
inc the exact terms of the oath which
the Legislature last winter prescribed TO
be taken by challenged voters. In order 10
remove that misunderstanding we copy
the section of the law relating to this
subject rerJatjm. 1t is the secoho seo
t;on of an act passed February 70, looo'
entitled can Act to amend the Laws 10,
lotino to Elections by the People: ana
reads ms follows:
. If the vote of any person o1erlng TO
rote at any election shall be challenged
by any voter present, the supervisor and
the inspectors of the election shall refuse
70 allow such person to vote until he
shall produce to them an affidavit as fol-
lows:
Township of -, county, to wit:
81 Alb. (name of affiant.) do solemn
" swear that l have never voluntarily
borne arms against the United States,
the reorganized government OF Virginia,
or the State of West Virginia; that have
never Voluntarily given aid, comfort or
assistance to persons engaged III armed
hostility AGAINST the United States, the
reoroaniZed government of Virginia, or
the State of West Virginia; that l have
not at any time sought, accepted, exer-
cised, or attempted to exercise, any office
or appointment whatever, under any au-
thoritv or pretended authority, hostile
or inimical to the limited States, the re-
organized government of-Nlrglnla, or
the State of West Virginia; that | have
not at any time yielded voluntary sup
port to any government, or pretended
government, power or constitution with
in the United States, hostile or inimical
thereto, or hostile or inimical to the re-
organized government of Virginia, or the
State OF West Virginia; that l will sup
mort the constitution of the United
States. and the constitution of the State
OF West Virginia; and that l take tins
oath freely, without any mental reserva-
ton or purpose of evasion"
Such affidavit shall be subscribed by
the party making the same, and may he
sworn to before the supervisor or one OF
the inSpectOrs of the election at which
he offers to vote, or before any person au-
thoriZed to administer Oaths; and the ia
king of any such affidavit falsely shall
be perjury. of which the party may he
convicted in any court having jurisdic-
ton of the offence Every affidavit so
taken as aforesaid, shall be delivered to
the inspectors of the election, and shall
be by them returned to the Office OF the
RecordeF.Gf their county, whose duty 1t
shall be to file and preserve the same IN
his Office. But this section shall not ap-
plv to any person who has heretofore vol
unteered in the military service al the
United States and who has been or may
hereafter he honorahly discharged there
from
1t will be observed that the above sec
ton applies only to persons who have
voluntarily borne arms against the gov
crnment or give aid, comfort, or asSis-
lance to persons engaged in dTH,Cd hostility
to the government; OF sought oraccrptcd
office under, or yielded support to any
pretended government within the terri
tory of the United States hostile to the
government of the United States or OF
this State. In other words itapplicS only
to persons who have served in the rebel
army; or given aid to persons actually
serving in that army; OF sought or held
office under the confederate government.
All others can take the oath without any
violation of the StrictcSt claims of con-
science. 1t cannot he held (" apply to
persons who simply voted for the "rdi-
nance of secession neither will 1t apply
to those who sympathiIrd with the
southern cause without giving t" persons
in the rebel army any positive and ma
terial aid.
We know that the whole law Is uu-
constitutional and void, and advise those
who cannot Conscientiously take tae
oath To institute Legal proceedings
against the election officers in case they
enforce it, and thereby deprive any man,
otherwise qualified, Of The p1Nilcgc of
voting; but those who cdR take the oath
without any violation of conscience,
should do so if il is insisted upon No
man should suffer any impeachment which
he can remove to deprive him of his vote
If there is nothing III the terms of the
oath which will disiranchis, him. he
should not suffer himself to he distran-
chscd simply 10y his refusal Ia comply
with a condition which, while 1t is lie
gal and unjust can lac easily complied
with h,, him