The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1867-10-02
The Lawyers Test Oath.


the people of West Virginia will have
to choose their delegates to represent
them in the Legislature, it may not be
amiss in an old man to call their atten-
tiOn to little matter which in justice
and good faith, and for the sake of the
honor of our prosperous young State,
should be looked into. | have said a
little matter, because few persons arc
directly interested in it, and when com.
pared To other issues now agitating the
public mind, this is dwarfed into insig-
niiicance allude 10 the test oath
prescribed for lawyers. 4
Every man knows that no law should
he passed for which the constitution
does not furnish the authority, and that
all laws should be made with reference
to advancing and promoting every
interest, as well as every indi-
vidual in the State,so far as it
may be done without injury TO
other citizens. That whenever the
Legislature can confer right npOn
citizen without violating the cOnstitn-
ton, or derogating from the rights Of
others, I.hold that it is not only their
privilege but their bounden duty, as
the representatives. of the people, to do
so. One of the chief objects for which
individuals are clothed with private
rights. is to enable them to perform
their obligations to society as well as
themselves and their families. But
strange to say, the attorney, untOrtu
nately for both himself and the coun-
try too, as conceive has fallen, under
the ban Of the Legislature and has there
by been deprived Of the privilege and
ability of making living for his fami
ly, and also of serving the public in the
only vocation for which he is fitted.
When man enters into society there
is something expected of him. There is
sort of tacit agreement between soci-
ETY. and each member of it, that each
member shall do his part towards ad-
vancing the aggregate interest, bnt the
Legislature of the last two winters has
in effect said to the attorney ''you shall
not perform your obligations to society.
nor provide for your household, al
though You seek to do so, in the capaci-
~ for which study and experience have
peculiarly qualified you."
That this is wrong the most bigoted
partisan will admit; and who is injured
and who is benefited by it No one
will deny that the lawyer himself is
most grievously injured. But he is not
the only sufferer. BY no means.
The whole community suffers. For
wherever these prescribed lawyers live,
there are people of all political parties
who need their advice and professional
assistance. Have they not the right to
do so: and has the Legislature any
moral or constitutional right to say to-
a man you shall not have the assistance
of this, OF that man! And what right
has the Legislature TO require tho iron
clad oath, as it is called, of the lawyer
any more than the farmer, OF merchant,
or mechanic or physician Lawyers
are as much needed in the community
as any other trade, occupation or pro-
fession. They WELD no political power
whatever, and all their professional ac-
tions are upon the records of the coun |
try, which are made in the presence of
the Judges. These men have not been
excluded from the bar because they are
dangerous, or because any body fears
them. For all know that they together
with their families are here, and what |
they possess in the way of property is
here also, and they are, therefore, as
much interested in good government as
any other people in the communi- |
ty. A large majority Of them
are natives here and to the
manor born" and all have made |
this their homes, then wherefore should |
they desire the destruction of their |
houses. and the means they hope to
leave to their families after them.
Did any of these lawyers ever do to
the Legislature OF any member of it an
injury? l think not. At least | have
never heard of such a thing. What
then can be- the motive that has prompt
ed the Legislature to this whole
sale prescription, of class of gentle
men whose whole life has been dedicate
ed to one of the most useful and ennobl-
ing professions known among men?
Let tie Legislature examine their hearts
thoroughly, and ses if it does not pro.
ceed from O latent desire to punish
them because they differed with them
upon an important political question in
1861, and whether they were right OF
wrong, you know they were honest, be-
cause it is not in human nature to haz-
ard so much and suffer so much as they
hazarded and suffered for what is be-
lieyed to be wrong.
Would 1t not be better to repeal the
law at once, Many members, of the
bar have already taken the oath, and
many Others will doubtless do so, and
the people everywhere rejoice at it, for
the law is universally unpopular with
all classes and all parties, so far as
have seen and heard, except here and
there q blatant demagogue, who wishes
to attest his devotion to his party by
the most relentless and illegal perseeu-
tiou of very small class of defepceless
men.
Along the eastern border Of the State,
and perhaps in some other localities,
there is scarcely suit brought or de-
Tended unless upon the advice of some
of these men. Would it not be better
to admit them, so that the people might
have the fall benefit of their services if
they needed or desired thems There is
no one benefited by their exclusion but
a very few lawyers-adventurers
are, for the most part, unacquainted
with our laws, and in whom the people,
not being acquainted with them, cannot
repose that confidence which the rela-
tion of an attorney and client ought to
inspire, and frem this cause justice
often fails. Your correspondent does
not believe that any considerable or
respectable portion Of the legal traterni'
ty desire to see their brethren excluded,
for the inspiration they have drawn
from their books teaches them better
things. But willingly or not, they are
the only persons benefited by this most
iniquitOus and unjust policy, viii lie on
the other hand the whole community is
injured by it-for any man is liable, at
any time, to need the assistance of coun-
sci and then he does not like to be cir
cumscribed in his selection. And in this
more tnan any other business, will men