The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-09-04
The Test Gath.

The Test Oath.
We copy this morning lengthy and
able article from the Kanawha Repabh-
can in reply to Judge HARRIsoN's opin-
ion concerning the validity of the law
prescribing test oath for voters. We
commend the article to the careful peru
sal of our readers believing that it pre-
sents a candid and common sense view
of the subject and exhibits very plainly
wherein the act limiting the qualihca-
tons of voters is in conflict with the Con-
stitution of the State. The loyalty OF
the Republican is unimpeachable, that
paper having been azealous supporter OF
all the acts of Mr.. LINCoLNs administra'
ton and being now a defender OF Presi-
dent JoHNsoN's policy, and therefore the
arguments it employs are entitled to the
more weight The editor OF the Repao-
lean has not been Influenced in forming
his opinion concerning the validity OF
the Objectionable act by any partisan
prejudice or selfish motive, and he can
not be accused of any utilization with
"copperheads" or rebels
In addition to the citations made hi
the Republican to show the unconstitu-
tionality of the test oath law" there are
others equally explicit that might be adj
duced 1t is, very plainly, an er post tacto
law whose passage is expressly prohibited
in both the constitution of the United
States and the constitution OF the State
of West Virginia. 1t imposes the pen
atty of Observation-Disclosures upon citizens
for acts done long before the passage OF
the law or the declaration that such pun
ishment would be inflicted. Its authors
themselves admit its upconstitutionality
aud. by their attempt to incorporate into
the constitution of the State an amend
mant for the disfranchisement of those
who have been in rebellion, they confess
their inability to accomplish this pnr-
pose by means of simple Legislative
enactment If this law were constitu
tional aud valid what would be the ne.
cessity for amending the constitution Of
the State?
The truth is, no person possessing an
ordinary amount ofintelligence believes
in the constitutionality or validity of the
act, and no person who respects his oath
to maintain the constitution of the State
of West Virginia will either counsel OF
aid in its enforcement.
An unconstitutional act is void Gb mi
ito, it never had any binding effect, the
legislature had no power to pass ii and
the citizens of the State are no more
bonnd to obey it than they are to be gov
erned by resolutions passed at pnblic
meeting Where there is room for rea-
sonable doubt concerning the validity OF
any law it ought to be obeyed until it is
iu,licially set aside, because, as Judge
HARRISON says, the presumption is ON
the side of its constitutionality, bnt
when, rs in this case, il is plainly aud
expressly in violation ot both the letter
and the spirit Of the constitutions it
should be disrcgarded. When it is lit
possible to obey both the constitution
and the law, the constitution alone
should DO observed, because its authnri-
ty is greater than that of any act OF the
State Legislature. Suppose the lesisla-
ture should pass an act of secession and,
under penalty of disfrancbisement, re-
ouire the citizens of West Virginia to
take up arms egainst the Federal cavern
mont, would Judge HARRISON counsel
obedience to that act until its constuu-
tionality should be judicially dete ,.,ii!-
ed 2 Aud yet that act would be no more
pllinly in violation of the constitution
OF the United States and the State OF
West Virginia than this one attempting
by er post fdcto legislation to impose
other qualifications upon voter, th"u
those which the constitution prescr,hes.
We are by no means advocates 81 'hdt
higher law" by which some persons
have claimed the right to trample upon
both constitutions and laws which con
tlicted with their own sense of right
We are advocates of law. and earnestly
enjoin upon our fellow citizens obedience
to AL legal requirements, but We 1t" hot
believe that obedience to the act pc
sclil:ing test oath is consistent With
obedience to the constitution of tie
State. and, therefore, we counsel meu TO
obey the constitution rather than the
law
Church and State.
There is a serious conflict between
-.