The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1865-11-25
senator van Wrinkles Opinion.

Senator Van Wrinkles OPinioh'
Senator VAN WINKLE Yves recently 80
ncited by committee of the cl'i1en0 u
Parkersburg to deliver puphc auuis.o
Mt such time and place as might suit his
convenience, previous to his departure
for Washington, upon the condition oil
the country and the various political and
legislative questions particularly appil
cable to West Virginia, Being affected
with a severe bronchial affection Mr..
VAN WNKLE was unable to speak as re
quested, but, in compliance with the
wish of the committee, has written a
letter which is published in full in the
Parkersburgo Gasetts setting forth MS
opinions upon various subjects OF intei
est in this State. In the course oi ni'
letter he refers to the test oath for voters
and the proposed amendment Oh 'ne
satte constitution as follows;
The copstitutionality ofthe State test
oath has been drawn in question py many
whose opinions are entitled 10 respect
mnst add mine to theirs. belleve the
en.ction Of that oath to be unconstltu-
tional. simply for the reason, to say noun
;nn of its er post facto operation, that our
state Constitution preseribes the suo-
stance of an oath which may by law De
renuired from the citizens OF the State,
and expresses the occasion upon which
il may be demanded. Consequently tne
LeSisla oure can prescribe ne other oatn'
or require it to he taken under otheI CIT
cumstances, while the provision oI tue
Constitution referred to remalns IN Iorce
At the late election, the occasion on
which only test oath can be req lreo
from citizens as such, had ceased TO eN-
ist. and it is deeply to be regretted that
it was exacted in any case. Great as
the evil it was intended to remedy may
he: il cannot he compared TO that OF a
yanton violation of a fundamental law
The amendment of the State Constitu-
tiop proposed by the last Legislature Is
also liable to objections. That instrn-
ment proyides, that no amendment OF 1t
shall. by any shift or device, be made to
have q retrospective effect Under any
circumstances it cannot become part OF
the Constitution tor months to come, ans
vet the rebellion having ceased, ana 1t
referring wholly to those who were en-
gagged in it since June 1861, its operation
must be entirely retrospective. Again
the National Constitution forblds the
passage by any State of an &c post tdcto
law. which, briefly, meaus law de-
nouncing punishment for an act which
was not legally an offense at the time IL
WAS committed. 1t matters not that the
punishment is denounced by Constltu-
tiopal provision instead of Legislative
act, as the former, just as much as the
latter, is thelaw of the land Had the
amendment simply provided that those
who subsequent to its adoption did so
and 40, should forfeit the right to vote
and hold office, the only question would
have been about its expediency, but as
il also goes back to June, 1861, it is con
trary to the Constitution of the State as
retrospective, and to that of the United
States as &c post facto.
The opinions expressed above are those
ofevery lawyer of any degree OF proml-
nence in the State, and it is remarka-
blefact that with all the squirming that
has been manifested in relation to this
subject BY those who were interested IN
having the test oath act rigidly enforced,
not one fits advocates has dared to risk
his legal reputation by claiming that the
act was constitutional, except the late
Attorney General, now, by the grace OF
four Supervisors. Judge E. B. HALL who
don't seem to have much legal reputa-
tion to lose.
If the unconstitutionality of the test
oath act be conceded, and it is impossi'
BILE to successfully maintain the contra
nv, then the advice to Supervisors given
by Mr.. LAMB, Colonel SMITH, and other
distinguished lawyers, follows as mat
ter of course. If the at be unconstltu-
tional, it is not law, it has no force OF
effect, and he who enforees it is guilty OF
q violation of law and must suffer ac-
cordingly.
The radicals seem to be rather untor
tunate in their endeavors to procure an
endorsement of their policy from the
leading men of the State. They stand
ready to make hero out of any promi-
nent man who will champion their cause,
but they find very few applicants Tor
u