The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-03-22

cAcluue WHO'LL CIlcy plcdSc. II lneV
may prescribe one test-one oath-such
as they have adopted, what test-what
oath, can we say that they are not at
liberty to prescribe? They may pro-
vide, with equal propriety, that no mans
name shall be entered upon these regis
tiers, unless he is member of a particu-
lar religious denomination, and will
swear to be true and faithful to its lead
ers. They may exclude every one who
has presumed to dispute the wisdom or
the constitutionality of any act Of the
Legislature of West Virginia. These
would be no greater stretches of power
no more fragrant violations of the con-
stitution-than what they have already
done. Unless the first section of the
third article is to control them in this
matter of registration, there is really no
limit to this powor over the right of suf-
frage. One part Of that section is just
as binding as another-if they set aside
one provision, they may treat Others in
the same manner. 1t is but to disregard
the word "white" in this section of our
constitution, and they may establish ne
gro suffrage, under preteXt Of a registry
law.
The registration act contains a test
oath. This, of course, was to have been
expected. 1t has been the favorite
method of legislation of late, and the
statute book is filled with this sort of
laws. The lawyer is deprived of the
means of earning a livelihood for himself
and family unless he takes the test oath.
You cannot resort to a court of justice,
or sue before q magistrate, to enforce
any right or redress any wrong, however
aggravated or unjustifiable, unless you
are prepared to take the test oath. The
person i'm whom the people have shown
their confidence by electing him to of
flee, must take the test oath. Our legis-
latOrs tell their own constituents that
they cannot trust them, unless they take
the test oath. At every turn our dearest
rights as men and as citizens, are de-
pendent upon our ability to take such
oaths as the Legislature from time to
time see fit to require. Such laws have
proved a constant source of annoyance
to the people, land Of perjury throughout
is one of the most important preeepts of
our religion, but the Legislature have
scattered the temptation to commit per-
jury broadcast over the State. This
multiplication of oaths tends to corrupt
the public morals. They have been so
often administered that the solemnity
which ought to accompany them is
wholly lost. Men have become skilful
in interpreting oaths to mean just what
suits themselves. Our legislators them
selves are supposed to have givena very
loose construction to the oath they took
to support the constitution of the State.
But one Of the worst features of this
class of legislation is that it encourages
depraved men to annoy and prosecute
others. Such men talk loudly about
loyalty, and rebels and rebel sympathi-
zers, in order that they may indulge
their own selfish spite and malignity, or
plumber and Cypress their neighbors.
The authority of the Legislature to
require any oath from the voters of the
fifth section of the third article of the
constitution. 1t is provided in that sec
ton, that every citizen of this State may
in time of war, insurrection or public
danger, be required by law to make oath
or affirmation that he will support the
constitution of the United States, and
the constitution of this State, under pain
of suspension of his right of voting.-
This oath, or one like it in terms, is then
the only one which the voter may be re-
quired by law to take, and even this
can be required only in time of war, in
surrection or public danger. If he fail to
take it, his right of voting is not to be
forfeited, but suspended merely and
when the war, insurrection or public
danger !; over, he is again to be voter
Such was the principle unanimously
adopted by the trainers of our constitu-
ton and unanimously ratified by the
people of West Virginia in 1863 Such
test oaths as are now imposed were not
fashionable in those days. Our conven-
tons repeatedly refused to enact meas
ures Of prescription. Were we all dis
loyal then: It would seem as if the
constitution intended to prohibit exact
ly what our Legislature have done; for
they have passed this registration act
in time Of peace, and the test oath i'm
posed by the act upon the voters Of the
State is one that could not be required of
them by law even in time of war.
The oath to support the constitution
refers to the future only. 1t is the SOL
emn pledge Of him who takes it, as to
his own conduct thereafter. But these
test oaths all relate mainly to the past
We are required to swear that We have
not heretofore committed treason; and
II we fail to comply with this require
ment we arc punished by the forfeiture