The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-07-07
The Test Gath.


The termination of the rebellion and
the necessity that has arisen for the
establishments of civil government over
the territory lately held by the rebels,
are causing our people to review some of
the hasty and i'll considered legislation
that has been had during the past four
years Some portions of our own State
have been held within the military lines
IF the rebel government, in many others
the military power OF the United States
has exercised all the functions of the civil
government, and in others the civil pow
Ell has been welded in an unjust and uA-
satisfactory manne: by small portion
of the citizens. 1t is now proposed how
ever, to return to settled and consttu.
tional order of things, military force be-
ing removed and the civil power unob-
structed in any portion of the State
One of the first difficulties to be met with
in re-establishing the civil government
in legal and constitutional manner is
found in the act passed by the Legisla-
ture of West Virginia at its last session
aud commonly called the Test Oath
Law" 1t is entitled in the journal of the
of the Legislature, IAN Act to amend the
laws relating to elections by the people"
and the Objectionable portion of the act
is expressed in the following words of
section second:
2. If the vote of any person offering to
vote at any election shall be challenged
by any voter present, the supervisors and
the inspectors of the election shall refuse
to allow such person to vote until he
shall produce to them an affidavit as fol
lows
Township Of, county, to-wit:
II, A. B., (name of affiant,) do solemn
" swear that have never voluntarily
borne arms against the United States,
the recognized government of Virginia,
or the State of West Virginia; that have
never voluntarily given aid, comfort or
assistance to persons engaged in armed
hostility against the United States, the
reorganized government of Virginia, or
the State ofWest Virginia; that / have
not at any time sought, accepted, exer-
cised, or attempted to EXCISE, any office
or appointment whatever, under any au-
thority Or'pretended authority, hostile or
inimical to the United States, the reor-
ganized government of Virginia, or the
State of West Virginia; that have not
at any time yielded a voluntary support
to any government, or pretended govern
ment. power OF constitution within the
United States, hostile or iniu,ical there
to, OF hostile or inimical to the reorgan-
lied government of Virginia, or the State
of West Virginia; that ] will support the
constitution of the United States. aud
the constitution of the State of West Wiz
ginia; and that take this oath freely
without any mental reservation or pur-
pose of evasion"
Such affidavit shall be subscribed by
the party making the same, aud may be
sworn to before tho supervisor OF one of
the inspectors Of the election at which he
offers to vote. or before any person au-
thorized to administer oaths; and the
taking of any such affidavit falsely shall
be perjury, ofwhich the party may be
convicted in any court having jnrisdic-
ton Of the offence Every af1davit so
taken as aforesaid, shall be delivered 70
the inspectomsfth the election. and shatk -
by them returned to the Office Of. the ~
eorder Of their county, whose dnty II