The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-02-19

bursements from the Fund in question.
After the report had been partially read,
the reading was suspened and the docu-
ment ordered to be printed.
The question recurring on House Bill
No. So, TO repeal the Suffers Test Oath,
f. Mr.. NEWLIN claimed that the Oath
was the only protection of many of his
people against rebel prosecutions. His
"loyap constituents were deeply in
debted to the rebels of his section, and
if the Oath was repealed the claims
wOnld he collected and his constituents
prejudiced by being compelled to pay.
The ''loyal" people of his county had
suffered much at the hands of the
traitors and should not be placed at
their mercy in the matter of pecuniary
obligations. He had no doubt that
when times improved and business re-
vived, his constituents would be i'll 4
condition to wipe out their indebted
ness, bnt until they got ready to pay he
did not wish TO see the law repealed.
He moved an indefinite postponemGnt.
Mr.. TOMLINSON showed that the
law worked to the prejudice of the
''loyap creditor as we'll as the rebel.
The rebel could not collect from his
"loyap debtor and heHce could not pay
his "loyal" creditor. Orphans and
Others with estates in the bands Of
guardians aud administrators had been
connected with the rebellion, and could
not get possession of property which
was held as n trust and not as debt.
Mr.. WEIGH thought that the bill
had become imperative, by the cessa-
tiOn of the war. By its title it applied
to those engaged liz rebellion,
and of course its operation was linn
tied to the duration of the re-
bellion. The Judge of his Circuit, as
pure and loyal man as ever breathed,
bad decided the law unconstitutional,
but for himself he regarded it as q war
Measure and limited in its effects en-
tirely to the war. AS it now tended the
bill was, as it had been styled, an act Of
highway robbery. He knew of but one
or two judges in the State who held it
to be valid now, and because Of the
doubts which surrounded its validity
and of its pernicious effect, he hoped to
see it repealed.
Mr.. BLAIR did not propose to discuss
the question, but merely to state why
he should vote against its indefinite
postponement. The Suitor's Oath was
Il war measure, it was justified by the
circumstances of the war, but the neces.
sity and the occasion for it had now
passed away. He though it was the du-
ty of the Legislature to repeal ali such
legislation.
Mr., NEWLIN replied to the remarks
of the gentleman from Mason. Would
he willing to amend the law so as to
meet the objection offered by him con-
cerning orphans, but could not consent
to repeal the law. He recited the usual
piece about the wrongs of "loyalty'
at the hands of treason, and proclaimed
his deep sympathy for "loyal" woman
and childrcn.
Mr.. SMITH, of Morgan, thought the
oath was of butlittle Importance to the
people of his county, but before he
would vote To repeal it he wOuld like to.
know that "loyalty" was safe every
where throughout the State. The pres
ence of troops in Monroe county show
ed, that the rebellion was not yet
crushed in that region.
Mr.. PINNELL said he dId not suppose
that any considerable portion of the
representatives entertained the idea of
repeating the law The law was in
tended to protect loyalty" not only
during the war, but until protection
should no longer be needed. 1t was not
mere temporary measure to cease
with the rebellion. No effort had been
made or could be made by rebels to
collect debts while the war was
in progress. The oath was designed fog
all time tc come. He was sick of these
appeals for sympathy. The sympathy
was all for one side. While he was
willing to let by-gones be by-gones, he
was unwilling TO remove the safe
guards placed for the protection Of
loyalty" The gentleman here re-
pcated his regular jeremiad about "loy-
al" woes and wrongs, and concluded by
celebrating the idea that rebels lost all
their honesty when they went into rc-
bellioD.
The votes upon Indefinitely postpon-
ing the bill to repeal the Suitor's Test
Oath being taken, resulted as follows:
YEAs-Messrs. Adamson, Allison, Arm
strong, Bender, Billmycr, Boggess,
Boughner, Huntington, EyaRs, Flem-
ing, at Harrison; Ferguson, of Marshall;
Goff, Gold, Gregory, Hagar, Heermans,
IIiuchmau, Howes, Mahon, Mann, Nc
Claskey, Newlin, Pinnel, Powell, Rich
mond, Riddle, Smith, Spaulding, Steere,
Waggy, McWhOrter-3l.
NAYS-MeSsrs. Blair, Chase, Cole,
DaviSsOH, Ferguson, of Cabell; Harrow,
Hervey, Huffman, Jacob, James, Lar
gent, Martin, Miller, Morgan, Parker,
Stewart, Tomlinson, Woodford.-lS.
Upon the second reading of the Bill
to relieve Alex. Monroe from taking the
Attorneys Test Oath, Mr.. PARKER
moved to amend by repeating the law
requiring lawyers to take the Test
Oath. (In support of his amendment,
Mr.. PARKER made the remarks which
we print in another column
Mr.. FERGUSON did not personally
approve the law, but he was satisfied
that his constituents favored its re-
naming upon the statute books. He
was satisfied that the Legislature would
not repeal it, and therefore concurred
in the action of the Judiciary Commit
tee in favoring exemption in cases
where it might be proper. Parties had
demanded the repeal of this law as q
matter of right. 1t was easy to make
demands, but it was not always easy to
induce the Legislature to grant them.
If the matter depended upon his vote,
ne would take the responsibility and re-
peal the law. AS he could not do this,
he would yield to the majority and vote
against such repeal.
Mr.. NEWLIN argued that lawyers
were peculiarly responsible, as a class,
for the late rebellion. For twenty years
they had labored to prepare the rebel
lion, and should now be held responsi-
BILE for the bad influence they had WELD
ell. Holding no ordinary position, they
should receive no ordinary penalties.
The gentleman quoted the sentiment
that "mercy to traitors was cruelty to
the State" and contended that if the
punishment of rebels had been far more
severe, we would have made examples
that would have been useful as warn
ings. Delivering the customary lamen-
tation over ''loyap persecution at rebel
hands, Mr.. NEWLIN urged the defeat of
the amendment.
Mr.. WEIGH was satisfied that the
friends of the amendment would fail in
! ,rOIah1y Iafaot fhc