Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1867-02-05
WAsHISoToN, january 20, 1867.
The Decision of the Supreme Court in
the West Virginia Legislature,

A few days ago, in the Legislature of West
Virginia, the digniicd Senator who repre-
sents this district submitted joint resolution
authorizing the printing of fire thousand CO.
pies OF the opinion of the Supreme Court of
Appeals of West Virginia. on the XttcfbeS's
test oath, in pamphlet form, for the use of
the Legislature. This resolution elected the
following discussion -
Mr.. Raymond moved to amend t1o roso1,,
tIon SO as to require the publication also of
the opinion of the Supreme Court of the
United States in the Missouri and ArkarsaS
test oath cases and said that he wanted tho
subject. ...... FO-.'A'' =" 'i'S
. Mr.. uoke opposed the amendment in q
vigorous speech. He said Congress if it
thought proper would circulate the opinio,,.nf
the Y: :. Court they were the proper BODY
10 40 ltt-It-Was none of. our bushels at abS
rate lie said it was highly necessary IN
his Judgment, that the Legislature should
PRINT and circulate the decision of our own
court Its decision vindicates the action of
the loyal people of this State; it not!v dc.
tends them against the malicious and Win
peratlVe assaults of the rebel press, and of the
Teoei party OF the State. This decision, fol
decision
United States Court, which virtually attemnts
to overturn what the loyal people have nc.
compll8hed by the war. would encourage the
loyal people to hope that yet light would
come out OF darkness, and would accomnnlisb
much good. lie thought it also due .to tho
Judges themselves that their manly decision
should be spread before the people:
Mr. Chapline said he supposed no paper
but the L"teUigencer would publish the de-
clsion OF our Courts; the county papers could
not do so on account of its length. There
lore, unless it be printed by the Legislature.
II could reach only the readers of one paper.
lie SAID he had nothing to do with the de-
clslon of the Supreme Court of the United
nates. II the case should be carried up to,
that court, by the rebels, as threatened; bv
the gentleman from Ritchie. mi. HatmonR
nothing would be effected, because TINT court
can have no jurisdiction. This. he said was
the opinion of the best lawyers and JUDGES in
thls State. West Virginia proposes to attend
TO her own business and she denies the ripht
OF the power OF corrupt or political Judges to
throw her back into the power of the trsitore
from whom she has Just torn herself hv tbo
power of arms. Our judges are pure men
and have rendered an upright and Just deci-
sion. NoNt
MIR. Hoke said tie loyal people of his dis.
trlct sent him here, and he had no doubt they
would support hirI, At any rate he was re-.
sPoosl5le to them and not to rebels. II ia
the opinion of the most learned in the law
that this decision of ours will stand the test
OF the Supreme Court of the United States
The cases from Missouri and Arkansas we're
quite different. The Missouri case was unon
the question whether ministers should. be re-
qulred to take the oath, and that case was do.
cidsd under a provision in the Constitution
OF the United States, which guarantees per
tect freedom in religious matters. The Ar
kanas case was in the Federal Court and not
In State Court like ours. At any rate. those
political judges who decided the cases at
Washington would probably under ProYi-
qence, pass away before, ogr case could
Feach them, and the court be made up of
younger men, who will see the law in the
iiSnt OF the rebellion, and who will not on
OaGA three hundred years for fossilized preG
ents-men, who would come up to the a6s
III "hich we live, and who will not be wiIIino
tosurrender such price as the blood and
measure expended in the late war. to the en-
emies OF the country. That Washington de-
cislon, anyhow. was only the political opinion
OF ono man. The court was four to four, and
then SICK. old man, whose mind and BODY
were both enfeebled by age, was BROUGHT for
ward by his nurses TO the court room tn AZ
sist In Crushing down. the spirit of liberty and
progress in this ffee country. Mr.. Hoke
said he was not willing to set aside the unon-
lmous decision of our own Court II the liz
tum of This old man.
"A gentleman who had scolding wife,
Z IN nVREw g..