Year: 1867

The Supreme Court of the United
States, the final arbiters, as you con-
cede, of the laws of the States and OF
the United States when in conflict, has
decided that the laws of the State of
Missouri, known as the "test OATH" are
unconstitutional and no longer of force.
The laws of West Virginia known as
"the test oath," being the same as those
of Missouri, are alike null and OF no
effect, and this you know full well.
The men who bore arms against the
Government of the United States, and
against whom the whole power of that
Government waged q five years war,
were repeatedly informed both by acts
of Congress and proclamations of the
President, that the war was waged
against them because they resisted the
authority and the laws Of the United
States. We of West Virginia are now
in this position. The highest authori-
ty known to the Government of the
United States has, in recent decision,
determined our right to vote,
hold office, to practice law,
to teach schools, preach, &c,
as perfect and complete, any law
in any State to the contrary. The laws
of West Virginia deny to us, each and
all of these rights, save the right to
preach. Which power are we to obey !
West Virginia or the United States'
Are our rights to be determined by
the laws of West Virginia, or by the
authority of the U. S. Supreme Court


If we obey the laws of West Virginia
then We are in rebellion against the
laws of tho United States, if We obey
the laws of the United States then we
are in rebellion against West Virginia.
West Virginia made these laws express
ly to punish us for rebelling against the
authority of the United States. In keep
ing these laws in force West Virginia
becomes nullifer, and thus the seces-
sionists of 1861 are to he punished by
the nullifiers of 1867. We surrendered
our arms to the United States and were
sworn to obey the laws Of the United
States, the laws of my State to the con-
trary, Notwithstanding, and we were
further sworn to defend the authority
of the United States against any State
attempting to put that authority at de-
fiance. If we now obey these laws we
are to be punished by West Virginia.
If the United States calls upon us to de-
fend its authority in West Virginia,
what theni The Legislature of West
Virginia have all sworn to support the
Constitution of tho United States. And
that Legislature and each member there
of knows full well that the COnstitu-
ton as determined by the United States
Supreme Court, is the the supreme law
of the land. Now if the Legislature
does not repeal the test oath. what be-
comes of their oathi The Judges of the
Court at Wheeling are sworn to support
the Constitution of the United States
az construed by the United States Su-
preme Court. If their decision was
made prior to the decision of the United
States Supreme Court in the test oath
case. as for the sake of their oaths 1t Is
to be hoped was done, then they can re-
consider that decision. If the Court at
Wheeling will not reconsider their deci-
sion and conform themselves to the de-
cision of the United States Supreme
Court, ask those Judges "where are
ysur Oat lbs Of Officei You are sworn to
support the Constitution of the United
States, and so far as you are concerned,
you have sworn: to conform yourselves
to the decision of the United States Su-
prenle Court. Will you or will you not
respect that oathi you will not, then
do Won or do you not rebel against the
authority of the United States! Do
YOU or do you not resist to the utmost OF
your power what You recognize to be
the supreme law of the landF These
questions you of the Legislature and you
of the Courts of West Virginia can an
swer for yourselves. In any event they
will be answered for yOu much sooner
perhaps than you will be prepared 1or
the consequences ofthat answer.


wish to enquire what steps are to be
taken to enforce the laws of the United
States in West Virginia, and whether
these laws are to be nullitied and set
aside in West Virginia with impunityf
Strange question to be asked OF gov
ernment that two years ago had mar
shaled one million of men to force the
States to respect its laws. Are the laws
of the United States to be nullifed by
the self-styled loyalists of West Virgin
iai And is West Virginia to be arrang..
ed in opposition to the supreme law of
the land by her loyal Legislators and
Judges. Is resistance TO the law Of
West Virginia to be justified in 1867,
when resistance to what We considered
n sectional crusade against our consti-
tutional rights in 1861 is to be punished
as treasonf But l fear argument, logic
and truth are poor weapons against
those who rely on mere brute force.
Can we not, and if We can,
how are We to ask at the
hands of the Government the
same strong arm for the enforcement OF
its laws, now more openly put at def
ance, which was successfully appealed
to iE 1861, and by the very men who
now set these laws at defiancef II the
fact that Mr.. Lincoln was elected Pres
ident of the United States by consti-
tutional majority of the people, Che
was really elected by popular minori-
ty) was binding upon Virginia, is not
the decision of the Supreme Court,
another majority power, equally bind.
ing upon the people of West Virginia
We may respect rebels who honestly be-
lieved they were not bound to respect
the election Of President. Does it
follow that we can respect those who
have for years proclaimed the decision
Of the United States Supreme Court the
supreme Law of the land and yet as soon
rs the decision of that tribunal thwarts
their passions, and shields tho victims Of
their oppression, set it aside as null and
v0idi


And now q word to the Circuit
Judges. What will the Judges Of the
Circuit Courts dot Are they bound by
the acts Of the Legislature and the de.
cision Of the Court at Wheeling, or will
they be governed by the Court at Wash
ingtoni You Circuit Judges are sworn
to support the Constitution of the
United States, as construed by the Su-
preme Court of the United States, the
law of any State to the contrary not
withstanding. You exclude lawyers
from your bar, in obedience to law Of
West Virginia, which the Supreme