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

meeting, seemed anxious to have it un-
derstOod that the democracy and Mr..
Lamb stood on essentially the same
ground. The only point of agreement
we can see, is that Mr.. Lamb stands
opposed to the law of February last,
while the democracy are opposed not
only to that law, but to the proposed con-
stitutional amendment, and to about
all that has been done i'll West Nir-
ginia since the war began, including
the formation of the new State itself.
The principle of MISREPRESENTATION
right to frame an organic law to pro-
tect the state from the predOminance
OF those who have been in the rebel
lion, or given the rebellion aid and
comfort, Mr.. Lamb adheres to. Such is
very far from being tenet of the de-
mocracy-it is no where written in
their creed.
As TO the law of February -, we may
say oft isas Mr.. Benton said in refer
renee to the Fugitive Slave law in 1850,
at the time SO many persons took the
ground that it was unconstitutional
aud void-viz TINT ''there is pre-
sumption in favor of the constitutions
atty of every law enacted by Congress,
until the presumption is set aside by the
proper tribunal-the Supreme Court"
We can not see any difference in the
principle involved then and now. A
law OF the Legislature stands to tina
people OF the State as does law of Con-
gress to the people of the United States,
and it is the sacred prerogative of the
judiciary only to set law aside.
There is no strict warrantin the Con-
stitution of the United States for the
law passed by Congress, and approved
July ,, 1862, enjOining the following
oath, which is almost in the very words
OF our West Virginia law of February
18th last:
THAT hereafter every person elected
or appointed to any office of honor OF
| profit under the Government of the
| United States, either in the civil, mill.
tHry or naval departments of the public
service excepting the President of the
United StateS) shall, before entering
upon the duties of such office, and be
fore entitled to any of the salary oil
other emOluments thereof, take and
subscribe to the following oath or af.
firmatlon: 4 "a. b. do solemnly
swear Tor afiirml that have never vol.
| UNFAIRLY borne arms against the United
States since have been a citizen there
of; that have voluntarily given no aid
countennnce, counsel Orencouragement
to persons engaged in armed hostility
| thereto; that have neither sought n0I
accepted nor attempted to exercise the
| functions of any office whatever under
any authority or pretended authority in
hostility to the United States; that /
have not yielded voluntary sup
| port to any pretended govern
ment, authority, power or consti-
tuition within the United States hostile
or inimical thereto; and / do further
swear Tor nttirm) that, to the best of my
knowledge and ability, I will support
and defend the Constitution OF the
United States against all enemies, for
eign or domestic; that 1 will bear true
| faith and allegiance to the same; that /
take this obligation freely, without any
| mental reservation or purpose of eva
sion; and that I will well and faith
fully discharge the duties of the office
on which am about to enter. so help
me God;' which said oath, so taken and
signed, shall be preserved among the
files OF the Court, House of Congress, or
Department, to which said office NAV
\ appertain. And any person who shall
falsely take this said oath shall be
guilty of perjury, and on conviction, in
addition to the penalties now prescribed
for that offence, shall be deprived of his
office and rendered incapable forever
after of holding any office or place
under the United States.
Wehave not space to pursue this sub
jeet further to-day. We may possibly
recur to it again shortly. In the mean
time we can only say that while agree
ing with much that Mr.. Lamb says in
the letter published this morning, we
cannot conclude with him that any in
terPreter short of the Judiciary can set
aside law of the Commonwealth.