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

County in the House of Delegates, on
the Amendment offered by him 10 Re
peal the Test Oath for Attorneys,
February 18th, 1865.
Mr.. SPEAKER Il had hoped that the
Judiciary committee would have deem
ed it eXpedient to report III favor
of the repeal of this law, and that
the House in pursuance thereof, would
have erased it from the statute book of
the State. In this expectation | have
been disappointed. The amendment
proposed, however, raises the question,
and as it carries with it the approba-
ton of my Judgment and the warmest
sympathies of my heart, should be
recreant to the impulses of my nature,
and delinquent in duty to the large and
respectable class of citizens who concur
with me in opinion, did it fail to re-
ceive my cordial support.
raise my voice in its behalf with
peculiar confidence. From that dark
hour i'll the country's history when the
South, misled it may be by conceptions
of right, or maddened it may be by the
orgies Of ambition, fired upon that flag
which the true American adored
next to the cross, up TO that bright
| hour when It's starry folds waved in final
triumph over q PROSTATE and diScom-
fitted foe, my thoughts and hopes and
affections clustered around the Union of
our Fathers. Let no man, therefore,
here or elsewhere, charge that in sup
porting this amendment there is an at
tempt to justify or apologize for seccs
sion.
This law should be repealed because
! it selects and dooms to distress single
class of the community. Gentlemen
can not ignore the fact that when the
! clarion of secession resOunded through
| the land, men OF all trades, occupations
and professions rushed to the ranks.
If the lawyer was there, the banker and
merchant, and manufacturer and agri-
culturiSt were there also, In the camp,
Oh the battlefield, in Congress, iu
the Cabinet, all were animated with Il
common zeal, and struggled for the at
| taiument OF a common object. And yet
to-day, sir, your banker may gather III
his discounts; your merchant may heap
mp his profits; your manufacturer may
! keep his machinery in continual opera
ton; your agriCulturist may SOW his
| broad acres and reap his bOantifnl
harvests; whilst your lawyer alone
must suffer and starve land in the spirit
of your legislation may die unpitied,
unbefriendcd and without Il tear.
Again sir, this law should be repeal
ed because it deprives tie people of the
/ e 1,a ,,;litin, a,,l aN--
perieace of large number Of their
cOuntrymcn.
need not remind the House that the
individuals prescribed by its operation,
were once the ornaments of the profess
sion in Western Virginia. By long years
of patient study, and laboriOus toll,
they accumulated stores Oflcgal lore and
10y genticmanly department AMI strict
! fidelity, they surrounded themselves
with a host of clients and troops of
friends. To-day this law declares to the
people tat they must accept such coun-
sellorS and advocates as the Legislature
chooses to assign them, or their rights
must remain without viudication and
| their wrongs without redress. Deity
enioins upon every man activity and
usefulness in the line of his vocation,
the employment of his talents in the
service Of mankind. Your legislation
conJravenrS that decree; il reYerscs the
natural order OF things; it fOrbls the
exercise Of God given faculties: il OGries
talents in 4 napkin aud tends to idlcncss,
poverty, fraud and crime.
Agaih, Sir, the law should be repealed
because it preccnts fellow creatures
from earning their daily bread.
What is life, Mr.. Speaker, without
the privilege Of providing the neces-
sarics of life Tell me, ye delegates
how insupportable wouId be your az
Ony if tomorrow brought the cdict
that yOur skill and cunning must cease;
that the avenues to enterprise were
barred against youl All, yon reply,
there is no danger that such calamity
will ever overtake us. BE it so; God
grant that your days may be crowned
with His choicest blessings, and your
homes he ever illumined with the IA T..
dance of His smile; but when in ac-
acknowledgement of His tender mercieS,
you gather with your wives and little
ones around the morning altar and sup
plicate for daily bread-how can you,
how dare you ask that your erring, un-
happy brethren-children of the same
Heavenly Father-shall be denied the
means of providing for themselves and
you virtually do SO long as you permit
this statute to remain unrepealed.
In the history of the world civil wars
have been frequent in occurrence and
terrible in their fury and consequences
but when victory assured the
supremacy of Government, and
peace arched the land with
its beautiful bew-that policy alone has
proven fortunate and effectual which
cOnciliated combatants, once arrayed in
hostility and deadly conflict, and bound
them together in those relations which
spring from 4 mutuality of interest and
reciprocity of benefcence and good
willard there is Eo man whose
moral and intellectual constitu.
tion is in q healthful condition,
when he lifts himself abeve the passions
of the hour, aud the prejudices OF party
affiliatiOn bat tmust be convinced that it
would be better for the prosperity, hav-
mony and renown OF the State, were a
similar policy inauguratrd within the
pale of its jurisdiction.
But gentlemen may ask, "Would you
restore rebels to power p Such quest
ion cannot legitimately arise upon the
amendment Its adoption leads to no
such result. 1t confers upon no man
engaged in rebellion the right of the
ballot-bOx. 1t permits none such to be
made Governor, or Judge, or Treasurer,
or Auditor, or Delegate, or Senator or
Representative in Congress. 1t simply
permits him to follow a profession for
which by education and experience he
has qualified himself, and thereby secure
maintenance for himself and family.
rejoice to know that this House