The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-01-30
Test Oaths.

referred the famous MANN resolution,
has reported adversely upon the propo-
sition to require editors and publishers
of newspapers to take the "iron-clad."
Whether this report is due TO the recent
decision Of the Supreme Conrt, to the
manifest personal direction of the orig
inal proposition of Mr.. MANN, OF to the
good sense and discretion of the COM
mittee. We are unable to say. We hope
however, that il has been prompted by
the conviction that the day of proscrip-
tive legislation in West Virginia has
passed. The members of the Legisla-
ture are certainly not devoid of dis
cernment; they must see that these dis
eliminating and oppressive measures
are as unpopular Us they are unneces-
sary and unwise. They must feel that
if Radicalism is ever to be generally
we'll received and respected, Radical
leaders must place more confidence in
the masses.
Ii is the part of tyrants TO suspect, to
fear, and 10 abhor the people, and from
them have proceeded the most odious
devices for lettering popular freedom.
Test oaths are among the most common
of these contrivances, and they have
ever been the favored instruments OF
despots. the world over. The people
know this, and just as Radical rulers
employ the weapons Of tyranny and
usurpation, TO that degree Will they be
regarded as tyrauts and usurpcrs.
The Radical party has been especially
industrious in multiplying and requi-
ring these oaths. Indeed so fertile has
been their ingenuity and so ceaseless
their efforts, that there are few branch
e. of business to which test oaths have
not been applied, and few instances OF
opposition to Radicalism which they do
not search ont, expose and punish. The
purposes of these oaths are as varied
a. the aims of their authors. Some are
designed to secure peeuniary benefit.
OF such character is the oath required
in this State of rebel defendants be-
fore they can open any judgments OBJ
tanned against them in their absence.
In thus shutting these defendants out
from any means of redress, many
persons in this State are enabled to-
retain large amounts of property, OBJ
tanned by suits successfully prosecuted
against absentees. 1t is said that sin
Gle member of the West Virginia Legis-
lature would probably lose a large
amount acquired in this way, if the law
requiring the test oath in the case men
toned were repealed. To render such q
contingency impossible it is necessary
that the Radical party retain control of
this State until the time expires within
which judgments may be opened and
appeals taken. We beg Mr.. FERGUsoN's
pardon if We wrong him in suggesting
that some such consideration may have
induced the preparation of the new Reg
istration Act.
Test oaths may also be made the in
strument of personal spite, or Of de-
sire to drive of competition in pro-
fession. To some such motive may
probably be attributed the lawyers
cath, now required in this State, and
BUFFERS reign in New Orleans will
illustrate the manner in which these
oaths have been used To obtain q mon
opoly of trade and commerce.
Besides these, there are test oaths for
I'll officers, civil, military and naval,
Jurors and suitors, ship masters and
school teachers, claim agents and nOta-
ries public, preachers, mail agents and
West Point cadets, and il seems likely
that they will be multiplied as fast as
personal advancement OF political
necessity may demand.
Whenever the Supreme Court pro-
uOuuCtS ouC Ol tICoC OAthd
tional, a substitute in some shape is
always forthcoming, and "thus it is
shown" says the Age, that their au-
thors desire to use them in the future
~ one of the means for preventing fair
expression Of public sentiment in reia-
tion to the affairs of the nation. They
are the instruments of tyrants in other
countries; they are used in the same di-
rection in our own.
The test oaths of other countries were
and are intended TO keep certain rulers
upon the throne. The Scotch test oath
provided for unconditional submission
to the will and DEGREES of James vi.
The throne of Charles III. was up
held by the same contrivances. In
portions Of Europe at the present day
similar laws are i'll operation, looking
to the same results-the suppression Of
the voice and will of the people. As
England came forth from under the
cloud Of the Stuarts, test oaths disap-
peared, and the march Of liberal ideas
in all the Kingdoms Of the Old World
has been attended with similar results.
But IN TINS country tue hduiCai patty 10
going back to the dark ages for means
and Instruments to keep them in power
and enforce their authority. They inn
pose test oaths more despotic and illib-
eral than those forced upon the people
by the minions of James vi. or Charles
II. The object and intent Of these oaths
is TO maintain the hold on power now
possessed by the Radical marty. They
are looking to the establishments Of q
despotic government in this country.
and hence the use of despotic means to
reach the goal ahead II men can be
kept from employment by the imposi-
tion of oaths, q fearful and far-reaching
power viii be placed in the hands Of
the Radical party. Starvation or obe-
dienee will then be the issue. This
power will be used at the polls, and
then our elections will be farce. Test
2 oaths are dangerous, and their applica-
tion by the Radical party among the
most discouraging signs Of the times.