Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1884-09-12
BEFORE THE JURY.
Continued from First Page.

4 accept the nomination, endorsing Inc
principles Of The convention which nomina-
ieG me- that loyal men who saved the coun-
,ry in war must govern it in peace-and
tender my sincere and grateful thanks for
the high honor conferred upon me.
Yours truly, EDWIN MAXWELL
Nov what are tine principles of the con.
vention," which he so heartily sanctions?
From the platform Of the Psrkersburg Con
yenIion, the following have been selected as
fair samples OF these princi pies:
FOa. ~ Edecliag E,ieaigssoer, SEPT. lS66.
Extracts from the platform Of Parkers-
burg Republican Convention, held August
80, 1906
ktsolved. That treason is the most ag-
graSated crime known to our laws aud that,
therefore, treason should be made Odious
and traitors punished: not by Wholesale par
doBs and the beStowmeut of Offices and po-
incal power, but by the exclusion from all
control over the government, by disfran-
chs ement and in case Of principal leaders
By due trial and execution.
Resolved, That we heartily endorse the
Registry Law and the Acts generally passed
by the Legislature of last winter, and that
we especially rejoice in the adoption by the
people of the Constitutional Amendments
10 prevent traitors from voting in the State
thus making treason odious and loyalty
honorable.
This, then, was the doctrine which Mr.
Maxwell, as candidate for Supreme Judge
so heartily endorsed; that the pardons OF
The Federal Government were to be repudi
ated; that prescription and hanging were
to be the order of the day; that Southern
people must be prevented from voting AND
holding Office and that to this end Registry
Laws and Disfrancbis ng Amendments were
the embodiment Of wisdom and the essence
Of craftsmanship. To this doctrine Judge
MaxweIrs letter fully committed him,
and for the opportunity to
prostitute the political office in
sanctioning the rawlings of political fanatics
he tenders his sincere and grateful thanks.
When the issue was thus made up there
was but one alternative. Judge Berkshire
was placed upon the Democratic ticket in
opposition to the candidate who, in advance
Of his election, pledged himself to uphold the
Test Oath system. Mr.. Maxwell was voted
tor by the Republicans as the advocate Of
that system, and Judge Berkshire by the
Democrats as man who had refused to
commit his judicial conscience to the keep
ing of party. 1t is fair to Mr.. Maxwell to
say that he k"pt his pledges, and that the
only time he is on record as failing to de-
eide party question against his Democrat
ic opponents was in case from Greenprier.
in which no Democrats were concerned, and
where board of registrars undertook to va
cafe certain offices held By their Republican
brethren with whom they had qusrreled, by
striking their nanLs from the books.
The Trespass Suit
vas a device of Nat Harrison of odious
memory, for compelling Contederates anc
their friends, the owners of property t.
contribute to the indemnity of men who
set up real or imaginary damages from thu
operations of the Confederate armies. IL
all its victims it meant robbery, and T.
many it meant ruin. Attention is called t
the following decisions of the Suprem'
Court, of which Judge Maxwell was mem
Ter. The Judge Brown whose name
mentioned as acting with him in these IN
other cases, is Hon. James e. Brown, Of
Eanawhs, at present Republican csndi-
date for the Supreme Bench.
BeIIigerent Rights Denied.
"An act may be public offense aud pun
ishable as such, and yet the right to dam.
ages by one injured still exists; and per,
son who engaged in the rebellion is liable to
private individuals for acts of trespa
by him committed whilst in the
rebellion. And this right to recover
damages for the injury to the private party
exists. Notwithstanding the person who COM
mitted the trespsss has been pardoned By
the Executive Department of the United
States Government. Judges Brown aud
Maxwell in Hedges VS.. Price, 2 W. Va,
1872.
"A party cannot justify himself tor com
hitting acts OF trespass by the orders OF the
authorities of the States acting even in pur
suance of the laws thereof, when the State Is
engaged in warfare and rebellion agains
the government and laws of the United
States" Judges Maxwell and Brown, in
Lively VS.. Ballard 2 W. Va, 1876.
The Jurors Test Oath
vas a contriyance for placing the control Of
all litigation in the hands of the Republican
party. Upon that subject this decision is
submitted
Jurors Test Oath Sustained.
ut is not error for the Circuit Court to
require Jurors to declare upon oath then
qualifications as 10 loyalty, according to
he act of Nov. 1, 1863 the act not being
unconstitutional Judge Maxwell, in ".
Va, 1876.
The Lawyers Test Oath
Was the outcome of a scheme to deny Con
federste lawyers the opportunity to earn
their bread by the practice of their protes
sions. and to give a monopoly of legal busi
ness to resident and csrpet-bag Republican
'awyers The Supreme Court rendered the
following de cision:
Lawyers TEST Oath" Approved.
The act of February IA, 1866, in rela-
ion to the oaths Of attorneys at-lsw, is MOI
unconstitutional. Therefore, no attorney
can be admitted TO practice his profession
n the Courts Of this State without com
olying with the terms of the act in relation
hereto. Judges Brown and Maxwell in
Er Parts Hunter. 2. W. Va. l22.
The Suitor's Test Oath
vas designed to enable the Republican
debtor to defraud his Confederate creditor
II made him the personal minister of n ma
rion's vengeance, and tempt ID him to con
iscate the claims of the Confederate no
or the benefit Of the Government but TO-
MS own emolument. In and W. Va
Reports may be found these decisions:
Suitors' Test. Oath Enforced.
1T is sufficient ifany one of d number o.
defendants make the preliminary affidavit
required by the act Of February %, 1865, in
relation to oaths by suitorS; and the max
ing Of such affidavit will warrant the dis
miSSal Of the suit upon the failure Of the
plaintiffs or some Of them, to take and file
The osths required by said act. Judges
Brown and Maxwell, in Nadenbousch VS.
Shaver, 2 ". Va, 2S5.
The act Of February II, 1865, requiring
parties to take a certain oath therein pre-
scribed before they are entitled to a re.hesr
ing in the matter Of q judgment or an at
tacbment, is not unconstitutional Judge
Brown and Maxwell, in Pierce VS.. Csrska
don, ". Va, 249.
The Voters Oath,
which embodied the vital principal of the
registration law compelled the majority to
abdicate its rights, and enabled the Repub
Eca, 80 conKrol -,