The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-03-19
An Unanswerable Argument
The Test Oath sustained-The Legis-
lature Vindicated.
Another of Mr.. Ferguson's
Speeches.
Reported Jor ne Dam Iiltellioenoer.

ese Speeches.
Reported for The Daily InteliigGcer.
In the House of Delegates February
4, 1865, when Mr.: Ferguson had con-
cluded the speech tupon the test oath
billy printed in this paper Friday morn
ing, he was replied to by Mr.. Lamb, OF
Ohio county, and in rejoinder to that
gentleman spoke as follows:
| Tam not willing the gentleman from
| Ohio shall escape from the responsible
tiles of his unfortunate position by en-
deavoring to raise the question OIL his
lloyalty: Allow me to tell the gentle
man, all his virtuous indignation was
entirely misapplied. The idea that that
gentleman was disloyal certainly was
not in my mind, when made the re-
marks ] did, or that any other gentle
man in this House was disloyal, am
not in the habit of impugning motives
to gentlemen. merely referred to the
fact as a fact, that in everything pro-
posed in regard to rebels there seemed
no be some constitutional difficulty iii
1.-THE way, and that if we regard these
things on every OCCASION we could not
do anything. 1 said, IL there is areal
constitutional difficulty, of course we
ought to respect it; but there Is not
always real constitutional difficulty
where some member honestly thinks
| he sees one.
Now there is n very lnrge portion of
this speech of the gentleman from Ohio
| that requires no notice from me. l say
| that he has totally failed to answer the
| arguments on this subject, and totally
failed to throw any new light on the
question he discussed WHOM he first
arose; but desire to call the attention
! 81, F1I- Mt nj tho
remarkable lawyer-like ingenuity of
THAT gentleman; the system of special
pleading to which he resorts for the
purpose ofdefeating this bill; and to the
fact that he is progressive gentleman;
that he has got great deal OF light
since the other day when we discussed
this slavery question. He tells us he
did oppose the bill requiring the oath
of Office precisely on the ground on
which he opposed the bill the other day
to abolish slavery. Everybody remem-
bers in his argument in opposition
to that bill, he insisted vehemently-he
would not letupa quarter of an inch on
| the position-that it was clearly un-
constitutional, and was surprised
that any human being should
doubt the unconstituality Oft, because
the Constitution had provided for the
abolition of slavery in certain cases,
and was silent as to others. But now
he has got new light when he wants to
defeat another bill. He is now some
what doubtful if he was not very
wrong VIII n he opposed this oath Dill
rather thinks IL is possible the bal
ance of the Legislature was right and
he wrong two years ago. i concur
with him in the belief; and think it is
possible he is Just as wrong now as he
was then. 1 apprehend, however, no.
| body will be coaXed out of their vote
on this floor on account of the new
light that has dawned on the member
from Ohio.
The gentleman contends that there is
no danger such as / was talking about,
of these rebels returning and control
Hing the elections. Now, do not sup
| pose If you would make u fair vote be-
| tween the Union aud rebel citiztns OF
| this State that there would be any, but
does not every body know this State
will, like all others, be divided into
parties. The old Democratic party, OF
| which was a member all my, life until
| this war commenced, and that [ once
| Thought was so remarkable a purity
always sneeZed whenever that party
| took snutf-Well no doubt they have
organized in this State and will keep
up their organization. L cannot say
| that particularly desire to see my old
! Democratic friends control this State.
| But. there are counties in which thnt
| party has polled very large vote-in
| the county of Ohio, very little short OF
the vote for MIR. Lincoln. Other coun-
ties will, I,show considerable Democratic
| strength by and by. And while 1 do
not charge the Democratic party with
being disloyal, do say the views OF
lthat party are more nearly in accord
ance with the views of those in rebel
] lion than the views of the Union party
| in this State; and when these men re-
| turn and are allowed to exercise the
| Of cfNff thnu will naturally
| gravitate into the Democratic party,
and vote with that party. And say
there once for all, / never desire to see
that party come into power in this
State; and it never shall come into pow
erif anything can do Will keep ii out,
Notwithstanding / was always mem
Der of that party until it went to work
to destroy this Union. uls
! Now we know the Democratic party
Throughout the United States denythat
| this State has any legal existence.
They kicked all who went from this
State to Chicago out of the convention
because they would not recognize our
| existence; and whenever that party
comes into power in the United states,
| the question of our existence Will be
| raised, and il we should unfortunately
| be in the hands oil. that party IN TINS
State, the consequence will be with the
laid OF the powers at Washington, and
| want in every possible way under
| heaven to guard against this.
I want to call the attention OF this
House to the concession made by the
1 learned gentleman from Ohio, that n
nTIblic enemy cannot be citizen of
4 this State. He wants to know what
analogy there is between the forfeiture
| law and this. 1t is this; that by the
forfeiture law, which he himself pre-
1 pared; as understand, and advocated
| in this House, he has declared the men
guilty of the acts recited in the Dill be
| fore the House, public enemies. He
| has declared them enemies of this State,
and now by the law of this state and
| bythe law ofthe United States they are
| not to be citizens either of the United
| states or of the State of West Virginia
That is why called his attention to the
| forfeiture law; to show him that
| by that very law, as it now stands,
| these men are not citizens of this State,
and that we are violating no consltu-
I tiouaI provision when we declare tnese
same men now disfranchised in this
State shall not be- deemed citizens OF
this State within the meaning OF that
sectionsof the Constitution conferFtnS
| the.right of suffrage.
1 would like to see any gentleman,
great or small, from Ohio county or
elsewhere, show me how man occu-
pying the position of a public enemy
land dfsfranchised for ono purpose IS
not disfranchised for all, unless exceP-
ton be made in the law or Constitution
| in his favor.
Idesire, while up, to call. attention to
| a law now in existence and unrePeal-'
ed-and no man could be found, not
even the gentleman from Ohio, to bring
q ksaof rf