The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-14


bs,E firm, L. c. Hopkins * Co., in Gin
matt, monopolize four half columns
yesterdays GaSeHe with their adj
easements. We predict that the
use will distance all its competitors
business by so much rs it distances
sm in its advertising.
We are again under obligations to
r friends OF the Adams Express Com
my for files of the following Southern
spers, viz 1.-THE Atlanta Neir Era and
,eIlissaee,', the Columbus, CGa.) En-
urer, and the Augusta CSroRicle and
ntineI.
THE WEEKLY INrELLIGENCER will be
sued this morning, containing the
cry readable story from the Aaantic
foai6ly, entitled "The Luck of Able
teadman." together with all the cur
snt news of the day. Price five cents
er copy.
rhe Onths Governing Elections An this
Stale.
WE publish, on our first page this
forming. 4 letter from Mr.. Lamb, and
$50 one from Judge Harrison, of Mon
oe county, III reference to the oath law
assed on the 18th of February last,
" our legislature. Mr.. Lamb takes the
sround now, as he did then, that the
aw is unconstitutional, while Judge
Harrison contends that the question of
,oustitutlonality is one only to be de-
iermined by the Judiciary, acting in
Is formal and official capacity. He
lays down the doctrine that a law
passed by the legislative power of the
state must be obeyed until regularly set
aside, and that neither voters nor yet
inspectors Mt the polls are to be the
Judges OF whether law is constitution
al or not. The oath itself, as passed in
the act OF February 25th, above referred
to, is as follows:
If the vote OF any person Offering to
vote al any election shall be challenged
hy any voter present, the supervisor
and the inspectors of the election shall
refuse to allow such person to vote I'M
til he shall produce TO them an affida-
Wit, as follows:
Township Of -, County Of,
10 wit:
~, y. B., Cname of afiant,) do SOL
EMMY swear that have never volun-
tarily borne arms against the United
States, the reorganized government of
Virginia, or the State of West Virginia;
that have never voluntarily given aid,
comfort or assistance or persons en-
gagged in armed hostility against the
United States, the reorganized govern
ment of Virginia, or the State of West
Mt g1n.aN 7 hET- nF Taf
sought, accepted, exercised or attempt
ed TO exercise, any office or appoint
ment whatever, under any authority,
or pretended authority, hostile or inim-
zeal TO the United States, the reorga-
niZed government of Virginia, or the
State of West Virginia; that have not,
ut any time, yielded voluntary sup
port TO any government, or pretended
government, power or constitution
within the United States, hostile or in
imicable thereto, or hostile or inimica-
BILE to the reorganized government of
Virginia, or the State of West Virginia;
that will support the constitution OF
the United States, and the constitution
OF the State of West Virginia, and that
] take this oath freely, without any
mental reservation or purpose OF
evasion"
Such affidavit shall be subscribed by
the party making the same, and may
be sworn to before the supervisor or
one of the inspectors of the election Al
which he oilers to vote, or before any
person authorized to administer onths ;
and the taking of any such affidavit
falsely shall be perjury, of which the
party may be convicted in any court
having jurisdiction of the offence Eve
~ affidavit so taken rs aforesaid, shall
be delivered TO the inspectors of the
election, and shall be by them returned
tho lffinn Of tho rafanrNnR n Nhnfr
county, whose duty it shall be to file
and preserve the same in his office. But
this section shall not apply to any per
son who has heretofore volunteered in
the military service of the United States
and who has been or may hereafter be
honorably discharged therefrOm."
The above act of the legislature, now
law of the State, has been n good deal
discussed OF late in connection with the
following proposed amendment to the
constitution of West Virginia, and moi
unfrequently COMPOUNDED with it:
Resolced By The Legislature of Yes
Pi.gjRiI, The following is proposed as
an amendment to the Constitution OF
this State, TO be added mt the end OF
the first section of the third nrti,
Gle thereof, TO become part of the said
Constitution when ratified according To
mo person who. since the first day OF
June, 1861, has given or shall give vol
untary aid or assistance to the rebellion
against the United States, shall be a
citizen OF this State, or be allowed to
vote ut any election held therein, unless
he has volunteered into the military or
naval service of the United States, and
has been or shall be honorably dis
charged therefrom.
AduDtel March I 1S65
1t will be observed that the opinion
of Mr. Lamb, as published to-day, does
not reach or refer to the above proposed
amendment. Mr.. Lamb takes the
ground that it is only through such an
amendment that the present provisions
of the constitution bearing on elections
can be affected or changed. Tint is his
position, and it is very far from the po-
sition taken by the democracy of this
county ut their Triadelphia Convention
on Monday last, where they resolved
THAT we regard the amendment o,
the constitutiOn of this State, proposed al
the recent session of the West Virginia
legislature us contrary to good policy
detrimental to the interests Of this STATE
and Mt variance with the general scope
and provisions of the constitution It.
selE.h -
When the oath law, passed on the
25th Of February last, was under con-
alteration, Mr.. Lamb made speech on
the subject, in the course of which he
took occasion to remark as follows:
Mr.. Speaker:-I have ALWAYS con-
templated that 1t would be NECESSARY
for MS here in West Virginia, as soon as
we could see certainly the end of these
troubles, to hold n Constitutional Con-
vention for the purpose Of amoriiI,,
many provisions of our Constitution !: