The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-12-16


were all potent, frightful and oracular.
Thank God the war has opened our
eyes and we begin to see men and things
as they are, and understand the purpose
Of the reopening of their artillery at
this time. Their hearts have ever
| -yearned to get back to Richmond and
to take all West Virginia with them as
! = pence offering aud atonement for their
necessary absence while their firing OF
guns had been going on. Seeing that
that chance had failed them, they set
their heartS on getting the control of the
new State last fall by the aid of the votes
of returned rebels md 'copperhea
who held them in kind remem brance.
They signnliy failing in this also, as
they say, by reason of this wicked and
| HpAlpa bly, EunOonstitutioualp oath law !
Having failed to frighten and humbug
any honest man, and finding their op-
nonents stronger than ever, they fear
the Legislature about to como, together
VIII retain this oath law; and approved
1.-THE proposed constitutional amend
ment, and IL the rebels are kept out,
that the loyal people will FatifY, and
that they will be left valiant lenders
without any body to follow To avoid
such overwhelming calamity they sec
but one way left, which is to 6peTaI0e our
judges and dlinduce them to declRrei the
law and void, and then
all their rebel friends will be let in to
vote, and the proposed constitutional
amendment be defeated, and the val
liant rebel beuefactors thereafter will
be elevated to office. Our lives on il,
this and no other is their present pro-
Sramme, and Judge Loomis, at Roane
Court, itiwould seem, has been made
their first victims and the recent extra
ordinary, and it would seem unwar-
ranted attack on Judge POlsley and our
Attorney General Hail are part of the
plan-on the former Because he warmly
expressed what every patriotic and b hofiG'
ments expressed in the arguments OF
the rebel .Quafrier's case, and every
where else, these self Constituted oracles
went; and on the latter because he, as
our Attorney General, in obedience to
the oath and duties we had imposed
upon him, when called on by our Gov
ernor, gave his official opinion in favor
of the eeohstitutionality- Of the law they
have Econspired to break down--ex-.
ypressly charging Mr.. Hall that he had
acted corruptly and venally' in giving
the opinion with no other evidence. to
support tho charge, as appears, than the
fact that some of the loyal voters of the
10th judicial circuit, near two months
AFTER voted for Mr.. Hall for their Cir
cult Judge, in opposition to Kennedy,
whom our Legislature removed from
the bench for dfsloyalty last winter.
No one will envyt the mind that would
ascribe no ,purer motives to Mr.. Hall
Polsley should adjure themrs'tO castthe
demon of secession and anarchy out,'r
for the spirit displayed has no parallel
but at Andersonville, Libby, or Fort
,Pillow.W
d What Mr.. Lamb calls "drgIn,enttint
,,Ier7i6iLe," argument terrible, or to
Tighten, is to be thundered at ouriudges,
inHInHinU thngn n ENF A
peals, unless the TeeOH of their shot Mt
Judge Polsley and Attorney General
Hall shnll alarm them. Will any of
our Judges venture themselves on such
grounds nS Judge Loomis rested his in
structions to the GrandYJury of Roane
County? 1they undertake to saythat
the citizens who committed any of the
"overt acts of trensonn mentioned in
the test oath did not thereby; forfeit
their citizenship? or, in case they for
feited their citizenship that they could
have regained the right OF voting, ex-
eept by taking the amnesty oath and re-
siding thereafter in the State the time
required by the Constitution? Or, that
their former residency had not been in
terrupteds by leaving their homes and
Joining the rebellion? Orr that some
had been re-habilitafeds and restored to
their former right to vote at the time
the, Act passed, 25th February, 1865.
which is not the tnct2 Or, that acts
hhppening after the Act passed annuled
and made unconstitutional an Act that
was constitutional and valid when it
.WAs passed? Or, hold, on this last point,
as Mr.. Lamb says G Cbnrt should hold,
viz: Copying from his letter to the Su-
.perxisors, de-, "If they (the court) de-
eide 1T is unconstitutional the jWGlyment
Is q never ICds IN force as tar; that from
the ttnle Of as passage II tCGS a Itltltit1-l
tppt u tpnS 1l0t az any time obligatory
'uponr the Supervisors, Inspectors, or
any one else, and that it was the duty
OF these officials to disregard it. They
Withhold that an uncOnStitutionhl Act Of
tile legislature, G0ltieh Is q mere nullifj
from its origin, cannot furnish any pro-
lection to the officers of election for
failing to perform their duty according.
to the Constitution and the 3lRw?'i Or,
that the 18th Sec. of Art. Sd of our Con-
stitutiOn, viz: ''the Legislature DldU
provide for n Registry of votes. They
shall prescribe the DIGit9er of con Glttcti1i1
aud liking returns Of etcction, and de-
1tsrmining- contested elections and shall
pass such laws as shall be ncceSSdrV and
proper, to Prcvent naturalization, disorder
Pr ;gtoteHee at tie polls, aud corruption
Gnd IrdMd ut.ro otin9 did not authofize
the Legislature to pass the 24th Sec. of
the1aw, passed In 1868, entitled WAn
Act to regulate Elections by the people,P
and also the Test Onth law passed
[ February 25th 1887 Or that ~, q ooo ~
of ascerSf1S1i5
IN thai oath ia not IL =, ~
nawars CGnfarrsd g n0I oG tha 74 IN the
by the words: ttshdW ,,reSc,.;6 ~ =, ~,
ner Of conducting etectionS," or by the
words, "tO prevent fraud IN NofiJiCs 3,I or
that when we left 'Fthe manner Of COM
iducting elections" 10 the : I,erfsiatnre
without any qualifying or restrictinS
words, either in the contest orithe iT2
strument any where, we did not mean,