The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-01-17
The Test Oath Cases.

The decision of the Supreme Court OF
the United States in the test-oath cases,
a telegraphic synopsis of which We pub
lshed q few days ago, strikes at the
root of the whole test-Oath system in
operation in this State. We have not
vet seen full report of the opinions
pronounced by the eminent jurists COM
posing the Supreme Court, but will lay
il before our readers as soon as it can be
obtained. Tie brief telegraphic men
tion which has been made shows that
the decision against the constitutionali-
ty of these oaths, is based upon
the precise arguments which have
often been put forward in these
columns in relation to this sub
iect. 1t is decided that they Gin
flict punishment without trial." that
they compel the accused to "bear
witness against himself" that they are'
in all respects, ser post tacto.laws," be-
cause they punish an offense sin man
ner in which il was not punishable
when committed;" all of which posi-
tions we have maintained in the REG
IsTER in opposition to the arguments
of the Attorney General and tho whole
brood of radical officials in this State,
from the Governor down. ii|..
The decision of the Supreme Court is
rendered with direct reference to two
cases, viz: the attorneys oath, and the
oath required from Ministers Of the
Gospel in the State of Missouri. The
FIRST will, of course, have the effect OF
setting aside the various enactments
which have been made in this State In
reference to test oaths for attorneys,
and will compel the admission to the
bar of all lawyers who take an oath to
support the Constitution OF the
United States, no matter what part
they may have taken in the recent
rebellion. The second decision, although
directly applicable only to the State o
Missouri, (for, with all their madness
our West Virginia radicals have not yet
enacted test-oath for Ministers of tht
Gospel should and doubtless will have
the effect Of rendering null and void
that portion of the school law which re,
quires teachers to take the "iron clad
oath. The principle. is precisely the
same in both cases.
If, as decided by the Court, the At
torney's oath and the Minister'S oath
are unconstitutional, by much more il
the Voters oath, as administered il
this State, without legal sanction. Tht
same reasoning which adjudgcs these
oaths to be contrary to the constitu-
tion of the United States, applies will
still stronger force to the oath required
of voters in West Virginia. If ono il
cz post tacto, so is the other; if on'
Furnishes the citizen without trial." SO
does the other if one compels the cit
izcn to become "a witnessagainst him
SELF the other does SO in an equal ol
greater degree. There is no argument
which can be adduced to show the un-
constitutionalty of the test-oaths- re-
Gently set aside by the Supreme
Court, which does. not apply with
irresistible force to the oath contained
inths registration act here II Che mem.
bers of our Legislature are wise and de.
sire faithfully to filhil the requifements
of the oath they have taken to suppol
the Constitution of the United States
they will not only abstain in; future
from the enactment of such measures a
those pronounced unconstitutional by
the highest legal tribunal in the