The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-11-08
JUDGE P0LSLEY'S OPINION.
On the Motion OF VIM. \. Quar-
ricr to be permitted to practice
In the, Circuit Court, 9TH Judi
cial Circuit, West Va.

| WIN. \. QuARErEE, claiming to be citizen
of this county, by his counSel-GEoRGE \"
SUMMERS aud BENZ. II. SMITH, EAlS.-pro.
duced a certificate from the County Court o
| Kanawha county, dated the 10th day OF May,
! l953-" That he was a man Of honest de-
meanor, and had resided in the county for the
preceding twelve months;' also license
signed by three Judges Of the Commonwealth
Of Virginia, dated the 24th day Of June, 1858
authorizing him to practice i'll the Courts o.
the Commonwealth as m Attorney at Law :
and also an order Of the Circuit Court for said
county. dated the I'd day Of November, 1853
admitting him to practice at the Bar OF SAID
Court rs an Attorney at Law ; and also q
copy Of the Amnesty Oath dated Oh the 10Th
day Of September, 1865; and therrupon
moved the Court to admit him to practice, as
such Attorney, at the Bar Of this Court
"upon taking an oath to support the ConSti-
tuition of the United States, and the COnSti-
tuition Of this State" and the oath honestly
to dcmcan himself in the practice of law :
but he declined to take the oath prescribed
bv the act passed Nov. 18th, lS6;}, entitled
{" An act to amend and r.cnact the first
section Of an act, entitled an act concerning
oa,hS and aflirmationS,' passed June 10Th
! 1867: (Scc Session Acts. chap. JOG, =. lbs,
! lie conceded that on his admission to the
! Bar, on the 2d day Of Nov, 1883, he took
! the several oathS. then prescribed by law, for
Attorneys at law, including the oath Of ti'leli'
ty TO the Commonwealth Of Nirginia-that
! he was then citizen Of Virginia residing in
! Kanawla county. where he continued to re.
side until the Summer Of lS6l-that in the
Spring of the year 1851, he voted for the
Ordinance of Secession, which had been
passed hy the Convention Of NirSini:l-that
lurin. the same year lie voluntarily entered
the military service Of the So-cal!cd Conlcder-
ate States Of Amcrca--:hat during the lsc.
hellion he held an office in the military organ.
iution Of said Confclcracy, and continued
voluntarily to hold office therein until April,
ISG5-and that during that period he volun-
tarily bore arms and wagcd war against the
| United States.
The motion, on his behalf, was deliberately
and most ably argued by two of the oldest
and most learned counsel Of the State Many
questions of great public interest and Of the
sravcSt import, wcrc discussed, and presented
for the cons Si,lcr.tion Of the Court-qucstlonS
affecting the rights and privileges both Of the
loyal and diSloyal-qucStionS affecting the
rights and the duty Of the Court, ml the
rights and privileges Of oil the citizens Of the
State.
|, cannot be expected that the Court should,
in the midst Of term Of unusual interest,
attempt to review, OF to notice in detail, the
various propositions and arguments OF the
counsel on either Sidc-arGumcnts occupying
in their delivery over twelve hours; only so
far as general statement OF my views and
conclusions may accord with; or dissent from,
counsel, will my opinion be responsive to
their arguments. l most cordially endorse
and adopt the remark Of one Of the counsel,
that "our system of Government, taken as 4
whole, is beautiful and harmonious beyond
Scription-unequaled by any other, ancient
or modern"
Recognizing tho great truths, That NIL
men are created equal-that they arr en-
dowcd by their Creator with certain inaicn-
able rights-that among these are life, liberty
and tho pursuit Of happiness; and that to
secure these rights, governments are Instituted
among men, deriving their Just powers FROM
the consent of the governed ancestors
framed and established plan Of Government,
complex. indeed, but so perfect and complete
in all its parts and operations, that it has ac-
conplished all the great objects contemplated
by it's founders tho absolute security and
orotcction Of all these ineStimable rights.
without the let or hindrancc or restraint Of
any prince or power or rotentatc, civilized or
unciyilized. .,i ..-o -, .-.... =. =,
For more than scventy-fvc years, we and
our fathers have lived and prospcrrd in the
cDioyment Of full and perfect liberty, under
this system, without feeling the reins Of Gov,
crnmsnt; and only conscious Of its existence
from its shield Of protection, and the blessings
derived from its influence and operations.
One of the learned counsel. having seen. felt,
and enjoyed all; these blessings for more than
three score years. may now, in his ripe ma:
turity, we'll cxclaim-;ss Perfect form of Gov
crnnicnt' admirable system; the foundation
is as firm and imnlorable as the fabric is grand
and sublime s's: Plain and simple in itG parts
when examined in detail, yet when seen rs .
whole, beautiful grand, great powerful and
olorions En,,aI rights or tho absolute sor-