Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1870-02-28
The suitors' Oath.


The Judiciary Committee Of the Senate have
r~lor,cd back to that body the bill to repeal
;he Suit,rs' Test Oath with a substitute pro-
y.dias Coz a repeal after April, lst, 1871. We
tf.s, it will net Be the Judgment of the Senate
&, take the action recommended. OF the three
oatls. two Of which have been abolished, it
b5s always seconded to us the Suitors' Oath
was the harles; to defend.
With he Fedora, Government alone, we be-
lieye. rests tie poveroCconGsca,ion. The Fed
e.al Government might hare conGscated every
dollar Of property belonging those in rebellion
and Of credits due them. But ia did not. The
State may have power to confscate the proper
~ Of rebels I'm the hands Of their debtors but
we 81 not believe it has. The Federal Consti-
futon rcc5cuizes these rebels as citizens Of the
F Uni,ed States, and protects them as such in all
LEGAL right. and that instrument expressly for
bills any State from impairius tie obligation
I II contract We are told this suitors' oath
does no: impair the obligation but only the
remedy" This IS but quiJJle on words.
Tie plain meaning Of the provision is that one
man 5 sacred right to bis own property shall
no; be taken from him aud how can the obi
CATION be euigrceli if the remedy istaken away
TIE power Of State 70 suspend the collec-
ton Of debts has been too often exercised to be
questioned; but to allow the statute Of limita-
,ious torun during the suspension so as to cut
0Tc9,lectiou altogether, seems to us very diff
fyrcnt thing. That is simply forcible seizure
I Of the property held 10y the creditor in the ob-
legation Of the debtor But bis property is not
even taken for the benefit Of the State If it
were. il would no, be so indelensiLlc 1t is
,aSen from the man TO whom, and given 10 the
man By whom, it is due It IS simply the le
gal robbery Of one man for the benefit Of an
other. Because, we submit, tho fact that the
creditor wa, . rebel does not, under the action
If the Federal Government, make the slightest
difference between bis legal rights and those Of
any other citizen under MYTH Article and
the civil rights BILL
Tie suspension Of the power to collect debts
due Is Union men 70 rebels during the war,
and for reasonable period thereafter. was ne
ccssary and right If they had been ccnfsca-
tel by the Government. we should not have
complained. But they were not, and the dcst-
ors have not been relieved from their legal obi
CATION to pay these debts They oanno; be so
relieved by any action Of the State and ulu
ma,e,y the question Will be carried into the
courts enc surely decided against the law that
cuts Of the remedy. Tie longer this law
stands. therefore, the more trouble it stores up
FOR some future DAY Of reckoning.
Il may be a great hardship for those who
owe debts to rebels to pay them. Doubtless
there viii lo hardship in many cases. But
men cannot be lcgislatel ont Of dec, any more
than they can be lcsis'ated into heaven There
are some tbjugs-aud tba, IS one of them
which legislatures cannot do. 1t is a hardship
for any - Us 10 pay our debts, but still We
have 90 DO IL; and We don't STE the justice of
making different rule for others. These debt
o-s have had I've years indulgence; and il
really unable % pay, they have had ample OPP
p7r,ua,ty tg 60 into bankruptcy under the law
Of Congress. Ii able TO pay, We 90 not believe
even they wi', gain by continuing :h;s law, be-
Ue,us as We 90 tia, ultimately these debts
y,,t, slf have tl lie p7il with interest