The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-11-25

maj liberty and equality, which q
scapply to them. We owe them s
prot, probably against themselves
as Fothers, and / do not perceive
hoWprotection can be efficiently {
givdesS, like the freedmen now
sup by the Government, they
remsome extent ina state Of pu-
pilastate incompatible with the .
exef the rights of citizenship. a.
Ae political and social status OF /
| the slaves 1t is only wise to await
the jpment Of events. How these
wilhSe themselves, eveurin the
neal Q. no human ken canld discern.
\ If tjedmen shall voluntarily be-
Gomlaborers of the States where
they lived, and prove themselves
wOH their freedom, it Will be well
| for and for US, and their cond1tlon
Willeedily eameliorated; butif on
the ny, ms Is greatly to be feared /
theJne to labor and are willing, as
hasthe case elsewhere, to live from
Yarmouth, the event Will ineyita-
bly, that they have but exchanged
onehgation for another, and that
| theimasters will be the pauper and
cri1aws Of the States where they
resi5ut this InaY be avoided, and
| ali tieir best friends can desire may \
be ded to them IL they are taught I
la trE-Tespect instead of a ridicu-
u AZ at the moment Ireceived your |
lettead in the paper of the day,
that Legislature of South Carolina
hadied the proposed amendment of
| the titution of the. United States,
abolg slavery and providing
agats revival, in any shape, in the
fntlThis renders it certain, il q
EJreasle doubt on tho subject could
havn entertained that the amend
Inetl speedily become the law of
the This / think overcoInes many
of ltrplexities of our preseut situa-
tion % saDin.o .np.au s'il 80
Wlnot- forgive those.who are un-
wiIlo be forgiven, and therefore, in
theS of those among us as well as
elsGe, who We're engaged in or SYM
.patl with the rebelIion,' we cannot
probe fraternal regards proper to
fellitizens, or trust in public mat
terOSe who are not convinced of
Theron, to call it by no harsher
maj But from those who are willing
to hnce their former sentiments, It
wolot be manly. to exact hnmlia=
tinblogies. Itshould be enough for
.us now TINT they are repentant, - +,
% byrepentance is not satisfied, %
Il of earth or heayenl" rY.,
article which originally appeared
in Louis paper, and has been cops
iedo others, has recently met my
ey6 classes me with other Sena-
torho it says win vote for the repeal
of Congressional test oath. 1t may
a h.s.ss.t Nl tT,nk ,,r, aS.sS,.
exsed this, orbindeed any other
ind it from a desire l do not con-
ceao remove any obstacle to the re-
insment OF the seeded States so
sos it can be- tdonei with due regard
to z public gsAfety, he is SO far tusti-
fieiut whether the time has arrived
10Th repeal, is a matter upon which
1 It reserve my Judgment until bet
reformed as to the existing state OF
thu. Test oaths are obnoxious
atS best, and only justified by inn
peye necessity; and whenever Tam
saIed that the necessity has ceased In
thlse in question, I shall hasten, to
yofor its repeal. should do the
saif 1 believed it was unconstitu-
It'd, but of this j am not convinced
icOnstitutionality of the State tesi
oahas been drawn in question by
mr. whose opinions are entitled stC
rect. / must add mine to theirs. ]
bse the exaction of that oath to bI
utastitutionaI, simply for the rea
sob say nothing OF its er post Jdett
option, that our State Constitution
prribes the substance of an oatl
wh may by law be required from
thtizens of the State, and expresse
thscasion pponCWhiGh it, may be de
mled. Consequently the Iegisla
tuian prescribe no other oath, or re
quit to be taken under other circum
stSes, while the provision of. the Con
stiion referred to remains in torct
Ate late election, the occasion @
VIII only atest oath could be require
istad It Is deeply to be regretted thG
it 8 exacted in any case. Great q
theil 1t was intended to remedy ma
be, cannot be compared with that {
a nton violation of a fnndamenti
law 'r#tz SRA bastpI zilsi.8fid sEuf
81 aTamendment of the State Const
TUT proposed by the last Legislat ur
| is al liable to objection, That instr
meproYides, that no amendment Of
shabby any shift or device, be made
thaVs sretrospectiye effect. Under ar
circls stances it cannot become part
the Institution for months to com
and / the rebel lion having ceased, ar
1t rering wholly to those who we
ehgHd ia it since June, 1851, Its oper
ton lust be entirely retrospeCtiV
AgaiI the National Constitution fo
bids b passage by any State of, an 4
post ito law which, briefly, means
| law bouncing aopunishment for /
act weh was nOtlegally an offence
the tin it was committed. 1t matte
not tn, the punishm is denounc
by a clstitutional provision instead
a legistiTe act, us the former, just
much the latter, is the law of
land. lad the heamendment simply pl
vided ht those who subsequent to
adoptie did SO and SO, should fort
the riglto vote and hold office, the OF
liquestioSRould have been abont its G
| pedienc but as 1t also goes back
June, IS, it. is contrary to the Cons
| tuition okhe State as retrospective, a
to that ofhe United States as ex .pt
facto. - rzEa1LI zfc-s =
L am 1t aware of any question
national iterest concerning West v
| .ginia, exCpt that which denies
legal existSce as a aseparate State. i
not hesitattto say that her position
one of the States of the Union is.
impregnablas that of any other. 2
4 ConstltutionexpresSly permits st
to be formedwithin the Jurisdiction
another, witlthe consent of the Leg
I1ature OF thelatter. Having been
mitted into tn Union by Congress,
only remaining question is, whet,
the consent Ofthe Legislature of '
ginia was igivu.i It certainly was
the Legislaturtwhich sat In Wheel
in 1881 and 1861 was the Legislature
the old State. sIhas been recognized
such by varfousexecutive acts dur
4 the admiuistratim of Mr., Lincoln;
| Congress, by the act admitting "
Virginia into the Union, in its nat
unrepea1able, AMI the reception
Senators elected lty it, as well as
Senators and REPRESENTATIVES of
new State; and by The Supreme Co
by placing West Virginia on the rol
| States to be called Ia turn.
Let those who deiy the separate e;
tence of West Virginia, inform us
IL can be drawn in question. Certai
not, when 1t arises as q collateral q,
ton in a suit at law, US it is prepos
Gus to suppose that any such tFibC
can turn her out of the Union. i