The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1867-01-22

however great the apparent necessity
Tor II, courts must pronounce il nuga-
tory if it be found irrecoucilable with
either State or Federal Constitution.
In the Interpretation of this statute it
may be proper 10 enquire, what were
the existing, or apprehended evils
sought by the lawmakers to be reme-
died2 When these are aScertaiued it
will be easier to determine whether, in
providing the remedy, the Legislature
has transcribed its constitutional au-
thority.
In arriving at the intent OF the Legis-
lature, the scope and true meaning of
this law, much aid will be afforded by
knowledge of the events, shortly pre-
ceding, and of the facts existing at the
time the act wRs passed. Il is a well
known fact that, throughout the late
disafected States, as well as in Virgin
ia, that facilities for general diffusion
of knowledge were limited and imper-
feet; so that the masses of the people
were greatly dependent upon the edu-
Gated few for information touching
questions of State interest and public
policy. The character of social organi-
Zation was such that the bar through
out the South gave tone to public SEN
uments, and complexion 10 political
theories
Lawyers as n class stood deservidly
high in popular confidence. The IL
eense of each to practice his profession
was a credeutial of honor, loyalty,
and integrity emanating from a
source ever held in TeneratfOn.
Upon all questions of private and pub
lie concern. their opinions commanded
the highest respect, and stamped their
impress on every important enterprise.
Hence they were the manufacturers of
public opinion and constituted within
themselves an element, powerful for
,r..e.
coupled with professional privileges, of
necessity, gave them vast influence in
addition to the advantages to
which learning, eloquence, and
mental discipline may ever sue
cessfully WELD over an opponent des-
titute of these qualifications. Who
can but lament that so great a number
of them, forgot their sacred obligations
in the time of our country's greatest
need, and gave cOuntenaLce to her des-
troyers;-that the light of their learn
iEg, their social position, their strong
hold on public confidence, were but
agencies employed with fatal effect in
alternating the hearts of the people
from their country and its constitution?
Diligently did they sow the seeds ofdis-
sension, and nourish the spirit of dis
loyalty and discomfort. In communi-
ties where men of plain understand
ing had misgivings as to resisting the
Government, and were slow to pre-
celve the alleged wrongs that Govern
ment had indicted,-Ihese men were
! but too successful in sitting their
Lonest convictions by their sophistries,
and in subtilly instilling the poison of
rebellious sentiments; thus nerving
strong arms to violence, and giving a
fearful impulse to wicked principles
1t was public boast of the arch-cou-
spirators, in counting the probabilities
OF success that the bar OF the South
will be unanimous for secession, and
their eloquence will move the public
mind in its favor"
From our knowledge of events so re-
cent, can it be doubted, that If at any
period, from the beginning to the close
of the war, the influence OF this class
could have been suddenly destroyed,
that from that instant the prestige of
the rebellion would have vanished? 1
do not hesitate to say that the rebel
ship of State, deprived of this element,
would have been as powerless for harm
as would the mighty war vessel strip
ped OF her armament, and dismantled.
Here, then. We see a very large major
ity OF certain class OF persons on
whom the State had conferred peculiar
privileges, availing themselves of these
very privileges to destroy the existence
of the republic itself. 1t is notorious
fact, that the overthrow and destruc-
IAOh Va AAC AuEnIlCdl COuELS III winch
these applicants now desire to practice,
were, among other things, contempla-
ted, planned, and partially effected by
the organization to which they belong
ed, and with which they co-operated.
Fortunately for mankind and the cause
OF liberty everywhere, the rebellion
was crushed, and its purposes defeated.
Lawyers from our own State, who
went voluntarily away, and for years
aided this unholy conspiracy, returned
to their homes, and, as of right, claimed
their former professional privileges,
which they first abused, and then absn-
doned.
All NAV foreses the consequences
that must follow, II this claim is allow
ed. Restored to their former position
at the bar, that sense of degradation
inseparable from unsuccessful efforts
in crime, would arouse in them every
energy to remove from treason the
odium it deserves, and TO make fnfamy
respectable.
The purity Of human laws, the en-
ioyment OF human rights, the perpetui-
" of civilization itself, depend upon
ever keeping prominent and well de
fined, the great distinctions between
right and wrong, virtue and vice; and
also upon cultivating in the public
mind an abhorrence for all forcibIe re-
sistance to the laws. Every effort, then,
to break down these distinctions, is a
public evil and social safety requires
that those for whose interest ii is TO de-
slroy them, should be restrained in
their attempts to do so. Otherwise, pa
triotism and loyalty cease TO be vir-
tues, and hereafter criminals NAV ex-
pect exemption from punishment and
disgrace in proportion to the enormity
of their crimes. These and kindred
considerations were doubtless what ac-
tuated the Legislature in the enact
meut of this statute The question
now recurs, does this law violate anv
provisions of the Constitution, either
State or Federal7
II is claimed that the law is penal, and
not remedial only, and if construed to
operate retrospectively, comes within
the definition OF an ex post Jdcto law, and
Is consequently void, for repugnance to
the 10th section of article Ist of the
Federal Constitution.
In the case of Calder and wife IS.
Bull, Sd Dallas, $50, Justice Chase de-
fines what he considers er post Jdcto
laws within the constitutional pro-
hibition.
1. Every law that makes an action
done before the passage of the law, and
which was innocent when done, crimi-
nal, and Furnishes such action.
. Every law that aggravates crime,
or makes 1t greater than when commit
ted
3. Every law that changes the pun
ishment, and inflicts a greater punish
ment than the law annexed to the crime
when committed.
l. Every law that alters the legal
rules of evidence, and requires less or
different testimony :han the law re-
Quired at the time Of the commission of
offender. 1t is further stated in the
decision that rha nFn1f