The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-01-16
1neIIgible Applicants for Seats dn'the
LeEisInture.

It is understood that there are some
members OF the Legislature elect, in
each House, coming from the lately re-
belIious quarter OF the State, who will
not be able to take their seats on ac-
count of their inability 10 qualify
They are said to be gentlemen of fair
character and standing in their private
and personal relations; but having par
1icipated voluntarily in the rebellion,
they are not eligible topublic' office. 1t
speaks we'll for their candor that they
openly confess (as we are told they do)
that they cannot take the officers oath.
We cannot commend their discretion
and judgment in suppOsing that they
would be allowed to take their seats as
Senators and Delegates without.
We believe these gentlemen received
n majority of the votes cast for the
offices to which they were chosen. AT
least the returns made TO the Clerks OF
the Senate and House In regular form
show TINT they did. Whether the cleo
lions were held according to law, and
none voted who were not entitled 10
ia questionable. But the returns being
made in due form to the Clerks of the
two Houses, 1t was their duty to place
the names of these persons on the
rolls of their respective Houses,
os appearing to be elected. The
clerks of the former Houses (holding
over I'LL successors are elected and quail
ified,) will call their respective Houses
TO order, and will call the rolls made
up by them, embracing the names OF
all who have been regularly certified
10 them as elected. They will then call
forward those responding TO the call oil
their names, and administer to them
The oatbs of office. Those who take the
oatbs will be entitled to seats and par
ticipation in the organization and iull
membership in all respects, subject to
notion OF the Committee on Credentials,
IN Sbom arc referred all returns on
which the clerks rolls are based and
uny other ,papers affecting the rights OF
members TO seats. Those who do not
lake the oaths will not be members.
and will, therefore, be entitled TO moth
ing; and vacancies will exist in their
counties and districts.
II the oaths should be taken falsely
by any one, he would be open to pros
ecution for perjury, and the House
whose privilege he had abused would
have the right to expel him, even If
no prosecution WIS instituted, as an
improper person TO hold seat within
its bar, as having been guilty Of the
highest crime known 10 the law.
II such persons were permitted to
take their seats without taking theoaths
of office, In direct contraveution ofPost-
live law, they would subject them
selves TO a fine of from one hundred to
one thousand dollars for exercising the
authority of members without taking
the proper oaths. But as the positive
laws of our Statute books explicitly
forbid such thing, 1t wuhld not be
competent for either branch to abrogate
that law although that branch be con-
stituted sole judge of the qualifications
of its members, by allowing any per.
son u seat without his having takenthe
Oaths OF Office.
1t seems TO us, therefore, thatif these
gentlemen cannot qualify and admit
the fact, they will save themselves some
trouble and modification by not pre-
senting themselves at the bar OF the
Legislature when It meets to-day for
organization.
Many of the members consider the
action of these gentlemen, in claiming
seats and at the same time declaring
that they cannot take the oaths of Office,
a piece of presumption little short of
insult to the bodies to which they make
their application. Having recently
come out OF the rebellion they knew
perfectly well when they offered MS
candidates that they could not qualify
n elected. II they had been sincerely
repentant and DESTROYS of restoring
civil law and harmony they would not
under such circumstances hive offered.
There are enough men who could have
l,eon elected and could have qualified.
The effect of their action has been to
keep alive the dying embers OF rebel
lion and retard the work OF restoring
civil law and order. Whether such was
the design we cannot undertaketo say
1t is understood, further, that these
Ineligible applicants make little pro-
fession oven of repentance and present
LOYALTY, but entertain and express bit
ter Feelings on the subject OF what they
arc pleased to describe as tho attempt
to subjugate them and tho people of
their section to the Union and the now
state. II this be true, they can scarcely
expect TO receive ut the hands
of either loyal legislature or loyal
people the sympathy which would be
given to sincerely repentnnt and well
intentloned men laboring under dis
ability.