The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1865-09-19
Attorney GencraI:IIaII's Opinion. ana
What would seem to be the Govern


For the Wheeling TntcVigrTIccr.
GESTLENTEN:-I have read the able
opinion of our Attorney General Will
your just remarks thereon, in your pa.
per of the 18th inst, since writing my
last, and am gratitied to find my owl
views so ably supported. 1t appears
this opinion was given at the request OF
the Governor, who appropriately seeks
an authoritative exposition bV the high
est executive law officer known to the
law, before proceeding TO act in so i'm
portant matter.
The duty of the Governor seems now
to be PLAIN, viz: ''He shall take care
that the laws be faithfully executed, !" as
the Constitution expressly enioins and
TO accomplish this end, that instrument
expressly empowers him to call out the
militia of the State. See Art. 9TH, Sec,
3D. of w. V. Constitution.
To permit mere ministerial officers.
rs Supervisors and Inspectors are, at
least so far as the constitutionnlity of
the law is concerned, to disregard n
law which has thus been duthoritdtiueLU
declared by the proper law officer to be
valid, would be unprecedented and sub
versive of al law and order. ITany SUI
pervisor or Inspector has conscientious
scruples rs to his duty, or fears OF sub
jccting himself to pecuniary loss in any
form, let such resign, and let others be
appointed, as provided by acts of the
Legislature of 'G3, Sec. 10, who will dare
to do their duty, and take the consequent
Ces, Our loyal people must execute
the laws mt all hazards, while they are
i'll force upon the statute book, and UNI
til declared by the Court of Appeals to
be unconstitutional, or repealed by the
Legislature; otherwise, all they have
gained in War mt so enormous n sacri-
flee, they will pusillumiously surren-
1nR in pnnRn Il ,,,NN
our upright and efficient Executive iriLl
"talIe care that the laws be faithfully
executed" and this law amongthe resi-.
The disloyal must, by their good con-
duct, satisfy their loyal nelghbora
whom they have SO much wronged, that
they hnve become icOIthy to be permit
ted to vote again. This places them
where they deserve to stand, and fur
nishes the strongest inducement for
their future good behaviour, Tie DOIi.
cy and eXpediency of the law seems to
be no less clear than its constitutional
ty. So it strikes me, Notwithstanding
Mr.. Lamb states in his letter, that i'll the
Legislature last winter: 81 earnestly
opposed the passage of this law, CON
tending that the Legislature had nc
authority to pnss it, and that, if it had,
the measure was itself inerDedicnt and
IHlCtSe. Subsequent reflection has
served to confirm the views then en-
Iertalned." And Notwithstanding,
moreover, the resolution of thanks 70
MIR. Lamb, for his having SO done, piss
ed at the Democratic Conservative
Convention" held at Triadelphiu the
other day-whose proceedings disclose
the object and purpose of this COM
bined attnek upon the test oath law,
viz: to openly unite party in this State
that has never, in heart, been separated,
and thereby get control OF the State.
doubt II the professed rebels, whose self
knowledge and experience must be over
enlarged, desire this so much rs their
non-cOmbatantf friends, who desire their
votes to help them into office, A few
more such i'll timed moves by these
non-combatant friends will most likely
secure the passage of the proposed con-
stitutional amendment, which MISC.
lutely and perpetually excludes rebels
Respectfully, G. PARKER.
WELLsBuRo, Sept. 18th, 1866.