The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-11-25
= WHEELING. MQRNNG NoYFNRFR 25 1885

! J, .sWEsTEYA.,,I sATUR.
gress made by the plantation.hands has
NOT been great, and they retain many
OF the traits of sayages. What posi-
LIONS they are to occupy among us now
ana hereafter, is question demanding
the grayest consideration, and cannot
be determined by hippant iterations of
Illla1lIns of liberty and equality, which
scarcely apply to them. We owe them
protection, probably against themselves
as rWell,a as others, and 1 do not perceive
now such protection can be efficiently
given, unless, like the freedmen now
supported by the Government, they
remainto some extent ina state Of pu-
pttage, q state incompatible with the
exercise of the rights of citizenship. a,
As to the political and social status OF
the recent slaves it is only wise to await
the development of events. How these
VIII arrange themselves; evenGin the
near futuie. no human ken canldiscern.
u the freshmen shall voluntarily be-
come the laborerS of the States where
they have lived, and prove themselves
worthy OF their freedom, it will be well
Tor them. and for us, and their condition
Will be speedily ameliorated; butif on
the contrary, as Is greatly to be. feared,
they decline to labor and are willing, as
has been the case elsewhere, tOlive from
hand 70 mouth, the event Will ineVitn-
IDLY prove that they have but exchanged
one ubiugatiop for another, aud that
their as masters will be the pauper and
criminal Laws of the States where they
reside But this may be avoided, and
all that their best friends can desire may
be conceded to them if.they are taught
a true sci f-fespect instead of ridicu-
lous self-esteem. 9a-.. n X. s5t.4.f-I Z }.s
| Almost at the moment Ireceived your
letter Tread hin the paper of the day,
I that the Iegisl ature of South Carolina
had rat fled the proposed amendment of
the Constitution of the United States,
aPolishtng slavery ands providing
against Its revival, In any shape, in the
future. This renders it certain, il a
reasonable doubt on the subject could
have been entertained that the amend
Inent will speedily become the law of
the land, This I think oVerco mes many
f.the perpleXities of our preseut situa-
ton. I VI - +rlIu-l1 MINI gIis 80
2n Wechunot forgive those,who are un-
willing to be forgiven, and therefore, in
the cases of those among us as we'll as
elsewhere, who We're engaged in or SYM
pathized with the rebellion we cannot
profer the fraternal regards proper to
ow-citizens, or trust in public. mat
tersi thoSeffwho are not convinced of
their error, to call it by no harsher
name. But from those who are willing
to renounce their former sentiments, It
would not be manly to exact hnmilia-
ting apologies. 1t should be enough for
JUS to know that they are repentant, -
.'Who byrepentance is not satisfied, q,
~ not OF earth or heavenr' rr.,
An article which originally appeared
In q st Louis paper, and has been cop
lei into others, has recently met my
u1u
tors. who IL says will vote forthe repeal
of the Congressional test oath. It may
be Sufficient to say that / have never
expressed this, or indeed any other
opinions on the subject. If the writer
inferred IL from desire do not con-
ceal, TO remove any obstacle to there
inBtatemAnt of the seeded States so
soon as hNgan be done with due regard
TO ,the1 tblie safety, he is so far justi-
| fed; but whether the time has arrived
Tor such repeal, is a matter upon which.
1 must reserve my Judgment until bet
ter Informed MS to the existing state OF
things. Test oaths are obnoxious
peFative necessity; and whenever I am
satisfied that the necessity has ceased in
the case In, question, shall hasten to
vote for It's repeal. I should do the
same If I believed it was, unconstitu-
ltiOnal; but of this am not convinced.
The c0nstitutionality of the State test
oath has been drawn in question by
many whose opinions are entitled to
respect. II must add mine to theirs. I
believe the exactiop of that oath to be
ongtitntio nal, simply for the rea-
son, 70 say nothing OF It's &c post fGeto
Operation, that our State Constitutions
prescrihesl the substance of an oath
which may by law be required from
the citizens of the State, and expresses
the oecasion pponwhieh it. may be de-
manded. Consequently the tegisla-
tnre can prescribe no other oath, or re-
quire 1t TO be taken under other circum-
stancesj while the provision of the Con-
SstitutiOn referred to remains in force.
At the late election, the occasion on
I which only atest oath could be required
from citizens as such, had ceased to ex-
list and Il y deeply to be regretted that
1t was eNhcted in any case Great as
the eyfl Il was intended to remedy may
he, Il cannot be compared with that Of
g iwanton violation of a fundamental
law baas0, yji.4=s 81 lilTf -
The amerdm lt. of the State Consti-
tuition proposed by.t the last Legislatu re,
is al % liable 10 objection. That instru.
men provides, that no amendment off
shall, by any shift or device, be made to
have retrospective effect. Under any
circumsttpc COS it cannot become part Of
the Cons tuNOn lor' months to come.
and YET the llion having ceased. and
Il. referring wholly to those who were
EengRged in 1t since June, 1851, Its opera
ton must be entirely Retrospective.
Again, the National Constitution for.
bids the passage by any State of an ex
most faCt6 law, which, briefly. means q
/ law denounCing .a5punishment for an
act which was nOtlegally an offence ut
the time 1t was committed. It, matters
not that the punishment is denounced
I BY a. constitution provision instead OF
q Legislative act, as the former, Just as
n1uohsas the latter, is the law of the
land. Had the amendment simply pro-
| vfded that those who SUBSEQUENT TO its
adopti9n did so and SO, should forfeit
the right to vote and hold office. the only
i.questiOn would have been abont its eS-
| pedieney, but as it also goes back to
/ Ipnef 1854 it. is contrary to the Consti-
tuition Of the State as retrospective. and
to that Of the United States as ex post
facto; < cI.9 EZf8l,Is EHrn
I5iam not aware of any question of
Irrational interest concerning West Vir-
tSiIiitt except that which denies her.
/ LEGAL ext steuce as asepRrate State. lido
I notih hesitate to say that her position as
one Of the States of the Union Is as
/ imp enable as that of any other. The
1 Cons itptionl expressly permits a State
| to be formed within the jurisdiction of
anoth er, with the consent of the Legiss
ltlattlre OF the latter. Having been adj
mitted into the Union by Congress, the
only Remaining question is, whether
1.-the consent OF the Legislature of Vir-
l GINA was igiFeu.i 1t certainly was If
Ithe Legislature which sat in Wheeling
In 1851 2 ind 1862 was the Legislature OF
the old tate. II has beenrecognized as
such by various executive acts during
4 the administration; Of ME- Lincoln; by
1 Congress, by the act admitting West
virginia into the Union, in its nature