Year: 1866

| synopsis ofthe Remarks Delivered in
the West Virginia Senate on Tues.


day, Jan. 10Th, by Henry NJ. Mat


theyYs, OF Greenbrier County, senn-


tor Eject frasn she Ninth District.


Mr.. President and Gentlemen of the Sen
ate: At the election held last October
in the Ninth Senatorial District of this
State / was elecred by a large majority
to represent the people of that District
in this body. l was not an aspiranU for
office but the unanimity of the peoples
choice assured me that my sentiments
and opinions were in harmony with
theirs, aud accepted the trust deVolv-
ed upon me by the election. In
discharge of the duty owe to those who
have elected me to this important posi-
ton, have come here for the purpose of
taking seat among you upon this door,
and laboring for the interests Of those
whom l Immediately represent, and OF
the State at large. have taken an
oath to support the constitution OF the
United States and of this State, and that
obligation intend to keep. The addi-
tional oath required by law l cannot con-
scientiously take. am we'll aware that
the constitution OF this State entities
each branch of the Legislature to be the
Judge of the qualifications of its mem.
bers, and that the whole question OF my
admission OF rejection rests with you -
Into.your hands is committed the pow
er Of deciding, and from your decision
there is no appeal But before render
ing that decision / trust that you will
consider the time at which the law pre-
scribing this oath of office was passed,
and the purpose Tor which II was enact
ed The war vas then al its height.
and the clash of hostile arms was borne
Upon every gale. The passions and
preiuiices incident to civil war had full
sway, and the minds OF men on either
side were wrought to the higLest pitch
of martial fervor, At that time this
Law NAV have been expedient and neces-
sary as a war measure II may nave
been at that time the dictate OF pru-
dence and wisdom, and was probably
intended to exclude from the councils OF
the State Northern men whose sympa
tbies were with the southern cause, and
who gave it aid and comfort during tue
great struggle 1t is not my purpose to
call IN question at this time either the
good design or the expedieucy Of this
act at the time of its passage, but the
circumstances which then surrounded
MS and which alone could render neces-
sary such law as that OF which speak
have passed away.


In addition to this, those OF us who
are embraced within its provisions have
ayailed ourselves OF the benefit OF the
pardon offered by the President of the
United States in his proc lamation Of am-
nesty 1t is the effect OF pardon to place
| the party receiving it in the same posi-
ton he would have occupied had he
never trausgressed. 1t constitutes a
barrier to all inquiry as to his past char,
acter or actions aud restores TO him all
the rights, privileges and qualifications
he possessed before the commission of
the act for which the pardon was OBJ
tanned. Thus it may be very clearly
seen that the policy contemplated in the
enforcement Of the test oath Law Is in
contrayention of the policy of the Fed
eral Administration and tends to nnllify
the measures which the President has
seen At to adopt for the pacification of
the country aud the restoration of true
peace and Fellowship between the peo-
Die of both sections of our common conn
try.


But in addition to the other facts
which have stated as objections against
the enforcement of this law there is an
other one of great Importance to the peo-
pie of the counties which represent. 1t
tends to retard and obstruct and in many
communities constitutes all insuperable
barrier to the reorganization of civil
government in those counties-s want
which is sadly felt. There are not one
hundred men competent TO discharge the
duties of any Office in the counties of
Greenbrier, Monroe, Pocahontas and
Webster-perhaps a larger number in
the counties of Fayette and Raleigh
who were there during the war who can
conscientiously take this oath.


Ifthe law be enforced there, the gov
ernment will possess none OF the charac'
teristics of a republican government
Its offices will be filed By men not sho-
sen By the people, but appointed by an
| other power,