The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1869-09-02

wiTHsH0LD FROM ANY PORTION oF ITS UT
izgYs OF THE SANE COLOR. LINEAGE,
LANGUAGE AND REELECTION, AND IhBUED
WITH TnE SANE POLITICAL EDUCATION,
THEIR EQUAL RIGHTS, UPON THE BARE
SUPERSTITION THAT THEY WILL DO WRONG
IN THE AB'Ewcg OF ANY DEMoNsrRA-
TIoN OR THREAT EyIEClSG sUcH AN IN
cLrEATloN
Mr. Register:
In my last communication | gave a
very general isiory and summary Of the
test oalhs Of this STATE, and in this one
mean to examine the test oath usually
cDIled the lawyers test oath with some
dcgree of care. If j have been inform
cd correctly, the history Of that oath is
a curious one and one that deserves TO
bo perpeluared. have heard it stated
by those who said they knew it, that in
the month of May, 1865, a meeting of
the bar or portion thereof was held,
or at least. II not formal meeting, they
in some way got together and came TO
the conclusion that there were enough
young lawyers TO do the business Of the
Count without the aid Of the returning
Secession lawyers, and that this really
was the true reason Of the public officers
oath being tendered to Mr. Quarter and
others and be declining to loke itand Mr.
Faulkner subsequently OF Wheeling de-
Ginning to take it,gave rise to the discus
sion and decision in the lsl vol. Of Ha.
gans Reporrspage 800, and inasm1ch as
Nj Qparier's appeal was met by the
Test oath on appeals. The Supreme
Court at Wheeling not seeing it in the
same light thai the bar and the court Of
the county from which copy of the rec
ord came, decided adversely to the de
cisioo Of the Court exCludiog Mr. Quar-
ticr, and the lawyers lhee, qualified in
the Supreme Court, and then came into
existence this law passed on the 18th of
February, 1866;
Be hc0ac'ca Jy lie Legislature Of West
Frginia:
No attorney at law shall be allowed to
practice in any court or before any JUS
lico or board of supervisors Of This state.
after the passage of this oct, until he shall
take, 10 the court in which he proposes
to practice, in addition 10 tho oarhs now
required by law, the following cath:
81, "a, B J DO sOlemnly swear that |
have not, since the twentieth day ofJunc,
eighteen hundred aud sixty three, borne
arms against the United States. nor
against the state Of West Virgins; rhat
| have voluntarily given no aid or CON
foit to persons engaged 10 armed hostiIi,
ty thereto, BY countenuncing, counseling
or encouraging them in the same; that |
haYe not sought, accepted nor attempted
to cxerciss the functions Of any Office
whatever under any authority in hostih
ty to the United States or to the state of
West Virginia, that have not yielded a
support to any pretended government,
power or constitution within
the United States, hostile OF nimica
thereto and that take this obligation
freely, without any mental reservation or
purpose OF evasion"
This you will notice my anti proscrip
two friends is tcar measure ado pied a
year alter every resistance had ceased
md is pretty strict and broad oath and
was no douI purposoly made SO, as
lOnr meesurc!!
True some men of pretty elastic con-
sciences might take the oath. while men
of different moral temperament
would not, This oath requires lawyer
to swear that he had not borne arms
against the United States nor against the
State of West Virginia, since the goth
Of June, 1868, that he had not given aid,
or comtor 10 persons engaged in armed
hostility thereto, by cOuntconncing, coun-
selling or encouraging them in the same;
thirdly, that he had not sought or &C
cspted any Office from the so"called
Ccnfederacy OF any part of it; foU'thly
that he had not yielded voluntary
support to any pretended government,
power or constitution within
the United States, hostile or inimiCable
thereto. That The had not borne arms
is somewhat definite. That he had not
given aid and comfort to persons enga>
ged IN armed hostility, &C., that is very
indefinite. What is aia9 What is com
for? What is meant by the word per
sous? Does il mean tliaraid that faith
er gave to son, brother or nephew,
who was in the Southern armyl For
shame to thus punish man for such
conduct The alder perhaps had no
control over the person aided, and yet
because he did not sever every tie Of
blood, relationship or friendship, he is
thus prescribed, II lie did seek an office
but yet never got none, how could that
effect the war? That he had mol yielded
a voluntary support &c" What is here
meant BY suppnrtby, oIuotary? The Su
nreme Court of the JJDiled States 10 the