The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-07-25

worth preserving, then have destroyed
the journal and scts of that assembly a.
far as possible, 30 that there should be
little traceor remembrance among men
or freemen of 90 vile o thing as that per-
iury which now stands stamped on the
history of this State. "f such things be
done in the green tree what will be done
in the dry" Every one is more or less
identified with the character Of his State
as he is with that Of his family. So every
one is more or less contaminated by this
disgraceful outrage on law, natural, hu-
man and devine.
Nor ford prose nor honisd lies of rhyme
Can blazon evil deeds or consecrate crime"
In the reign of that tyrant race, the
Stuarts, in England, test oaths were In
troduced, they were applied to religion,
that being the exciting subject through
ont Europe in those times; and our faith
ers of the Revolution, looking back
through the page of history with their
broad philosophic view, yet with eagle
glance, discovered the evil and outrage
perpetrated by such oaths and provided
against them by Constitutional provis-
ion-see Constitution U. S. Art. 6, sec 8.
They provided against many evils and
Quick sands so far as history had
demonstrated them. Had test Oaths been
therefore applied to other subjects than
religion, I've no doubt they wonld have
met them with a provision and cut them
up by the roots, but it was left to the IN
gruity and cruelty of the late connection
of society, to develop the evil in all its
horror.
I showed in nv former letter clearly, l
think so conclusively that "wayfaring
man though fool need not err therein"
that the test oath required by the act OF
February 25th, 1865. is unconstitutional
and void. But let us examine a little
further. 1t is provided in the Amend.
ments to the Constitution of the United
States, the best considered part of that
Constitution, that "no law shall be pass.
ed abridging the freedom OF speech or OF
the press" nor shall any person be COM
PEELED in any criminal case to be a ,citnesS
AGAINST himself, nor be deprived OF life,
liberty OF property ,cithom due process OF
law, nor cruel and unusnal panishments IN
ficted. These provisions were placed in
the Constitution to prevent the very ap-
proach of tyranny Our fathers had OBJ
served and studied in the history of the
world the course of the tyrant, and de-
termined to guard their descendants
against it, and further frequently pro-
claimed as warning the maxim, The
price3of liberty is eternal vigilance
Tyrants have always been astute to find
means to evade and circumvent the rules
of established law The clauses above
qnoted are for the most part to be- found
also i'm the second article of the COnstltu-
ton of this State, and most of these great
monuments of human rights are to be
found i'm the Magma Chdrta which was eX-
torted by the English barons, sword in
hsnd, from King john at Runnymede,
and in the Petition of Rights assented to
by Charles lst mt the beginning of bis
reign. and in the Declaration Of Rights of
our fathers to the Prince of Orange in
1888. and in the Bill of Rights passed by
the then estates of the kingdom soon af.
forwards. 1t is also fundamental prin-
ciple of law prevailing throughout this
country, and sanctioned and Sustained by
wise and good men for centuries past,
that "erery man is presumed to be innocent
until he is p rsred to be guilty."
In my last letter tried this acts OF
25th o. February, 1865, by Sd Article OF
our Constitution and by the erpost tdcto
clause Of the Bill of rights, aud it proved
| to be unconstitutional and void under
each. Now let us examine it by the
touch stone of some of the clauses above
quoted. The act of February IS. 1865. Git
is strange they should choose a day Sc
| near the anniversary of WashingtOn's
birth to enact it) is certainly II criminal
law or some non descript worse than any
ordinary criminal law. The penalty is
disfranchisement from the most precious
right of freemen-a punishment more
cruel than fine or imprisonment-the
usual punishments of crime and to many
no doubt, it is right more precious
than life itself l venture the assertion
here, as lawyer, that in this country no
citizen can be disfranchised by any thing
short of Constitutional provision. No
statute unless under an express COnstitu-
tional provision can do it. This punish
melltis not only cruel and unusual, but is
inflicted here without any of the safe.
guards required i'll the Constitution and
laws. No indictment. no grand jury, no
impartial jury of triers, no process OF
law, no witnesses to confront, no legal
trial, no specific charge no nothing that
freemen whatever their offence) are en-
titled to-but he is at once presumed to
be guilty, and stands Immediately con
victed, aud punished without little OF
evidence, when if he were fairly tried
before any impartial tribunal on earth,
he could not Tin many cases) be found
guilty of any offence under the sun, or
have hair of his head hurt A beauti
full spectacle indeed for country pro
Tossing to be free A citizen goes to the
polls to exercise the almost sacred privi
iege of voting He in fact goes to sham
trial. Some fellow who knows he will
vote against him or his friend simply
says: II challenge his vote" Whereupon
before an ignorant and irresponsible tri'
bunal he stands condemned instantly
without proof and ifhe RECEIVERS his right
to vote, he must introduce his own oath
to prove his innocence of a multitude of
things; and then too, if some ill dispo sed
person chooses, he may be indicted fol-
perjury and subjected to harrassing
trial This is the liberty you all now en-
Joy if this law could be enforced
'Ol Judgment thou hast fed TO british beasts
And men have lost the ir reason
If Washington, Madison or Jefferson
or any of our fathers, could return and
behold this state of affairs how would
they stand aghast! 1t would be horrible
Tn reveal their reflections. / intended to