[Wheeling?]: 1868. 17, [1 blank]. Original printed salmon wrappers [light edge dusting and wear], stitched. Old vertical fold. Very Good.
An 1866 West Virginia statute required Daniel Stofer to swear, as a condition of admission to the Bar in that State, that he had not borne arms against the United States or the State of West Virginia. He took the "lawyers' test oath" in June 1867. The State of West Virginia indicted him for perjury after witnesses swore that he "had voluntarily given aid and comfort to persons engaged in armed hostility, by countenancing, counseling and encouraging them in the same; had sought, accepted and attempted to exercise the functions of office under authority in hostility to the United States, and to the State of West Virginia; and had yielded a voluntary support to a pretended government, authority, power and constitution within the United States, hostile or inimical thereto." Found guilty after trial, he was sentenced to pay a fine of $25 and serve one year in jail. Stofer appealed. He argued that the test oath was unconstitutional, and sought a new trial on various other grounds. This is the record submitted to the Supreme Court of West Virginia.
The Test Oath "did not endure very long, but it was in force long enough to be declared constitutional and to cause the arrest, indictment and conviction of Captain Daniel A. Stofer, of Pocahontas County. This lawyer had served as captain of a hard fighting Confederate company which distinguished itself at Gettysburg and on other stricken fields, and in June, 1867, this captain took the oath cheerfully and was tried and convicted, and escaped by the skin of his teeth by reason of a negligently drawn indictment, which was quashed in the Supreme Court of Appeals in West Virginia." [West Virginia Bar Association: PROCEEDINGS OF THE THIRTY-FIRST ANNUAL MEETING OF THE WEST VIRGINIA BAR ASSOCIATION... 1915. Pages 108-111.]
Not located on OCLC as of January 2018. Item #35555