Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-11-13


walls, that Judge ought not only to be pure,
but aoore Suspicion. And When we apply this
measure to the conduct Of j udge in a country
where the common law and christianity pre-
vail we may justly require that his example
should accord with his preccpt.
In presuming to review your conduct as 4
Judge, you are entitled to The benefit of the
presunptiou that you are not only pure. but
above suspieich- II your case this is a =. vio-
lent presumption" that may be rebutted By
evidence 10 rebut this presumptioa, and
show that you are neither pure nor above sus-
.picion, I win disregard all adrentitious aid
derived from The well known facts. that you
hold your present Office IN open violation OF
the rights of the constitutional voters of your
circuit, and that your election was procured
BY fraud and corruption; and l will at once
turn to the law and the testimony
On the Ioth November. 1863. it was en-
acted By The Legislature of Vest Virginia, as
follows: Every person elected or appointed
70 any Office Of trust. civil orsmiIitary, before
proceeding to exercise The authority or dis
charge the duties OF the sans" is required
to swear { that be will support the eonstitu-
ton OF the Jnited States aud If West Vir~
ginia; that he has not voluntarily borne arms
against the ltiied States that he has never
voluntarily given aid or comf0rt to persons en-
gagged in armed hostility thereto, by counte-
naneing, counseiiing or encouTaging them in
the same that he has never Sought. accepted
nor attempted to exercise the functions of any
Office whaseycr unGer4any authority in hos
tllity 70 the United States; thar he has not
yielded voluntary support to any pretended
government authority. power or institution
within the nited States hostile or inimical
thereto; and that lie takes this obligation
freely, without any mental reservation or pur-
pose Of evasion.
This oath is close and searching, driving
away from all official station every honcsf.
high minded. truthful nan, however we'll.
qualified, if he has ever done any ofsthe acts
described in it, but opening the door for men
less honest and truthful, who may have done
the same things. | disapprove OF tie oath,
you approve It. X on have taken il at least
twice; first, when you qualified rs Attorney
General, and second, when you qualified as
Judge of the 10th Judicial Circuit You
are required to. administer this oattlto every
officer who qualities before you in any court
In your circuit. it may never have occurred
to your mind that the presence Of such an
oath of Office onIhe statute book must exclude
you from your Office of Judge, unless You
can obtain general absolntion rom past offences
and dispensation from the obligation Of such
cath.
win now produce the testimony to show
you that, notwithstanding yon took sid oa,h
of Office. yet you al voluntarily give aid and
comfort 20 pefsUns gagged In armed hostility
against the United States aad that you ex.
ercised the functions of an Office under in
authority in hostility to the United States;
and that from the 18th dayot April 10 the
list day May, 1861 you yielded a,volunta--
~, support TO thelrepel State government at
Richmond and the Confederate government
at Montgomery. which during tHat period
were certainly at least pretended govern
ments within the United States and hostile
thereto.
The Convention of Virginia, Of which y6n.
were a member, ON the 1fth of a pffl. 1861.
passed the sOrdip acc Of ecession On
the 18th Of "A PHI, 1861. tho government OF
tie United States burnt the arfliory and mill
tary supplies at Harper's Ferry This was al
act of fragrant war between the Uniresl States
and the State of Virginia. From that day
every act of that Convention was the act OF.
a government within the United States and
hostile and inimical thereto; and every men,
Der thereof, voluntarily participating IN It's
proceedings after that:date; yielded voluns
tary support to; such government and. hereby
gave ''aid and comfort to persons engaged
organizing them into an army. voting them
supplies, appointing officers, and tormin alli-
atIces for their protection and assistance, You
remained membersof that GDnyenffon. par.
ticfpating IN all deliberations, until is adj
journmeuton The LIST day Of May 1851
On the 22d ofaApril. 1S6 /, Coy. fletcher
nominated Col Robert L. Lee to tie Office of
commander of the military and naval forces
of Y irginia. which nomination was unani-
mously confirmed by the Convention. Why.
did you not vote against it p lSee journal
page 184,0 On the 9th April, 1861, Com
missionefs on the part Of Virginia, entered
into an agreement with a Colnmis sioner from
the Confederate States, whereby Virginia
entered into a temporary union With the Con.
federate States, and gou voted 10 Re commit
the subject to the committee with directions
to confer with Governor Letcher aud Gen
eral Lee. (See Journal, page 1861
On the 10Th of April, 1861, the Conven-
ton passed the ordinance amending the Con-
stitu ion of the State, equaliziDg taxation,
which was adopted by the voters Of the State
at the general election in May following, aud
you voted for this ordinance. Sec journal,
p. 204.)
On the 29th of April, 1861 the following
resolutions were adopted by the Convention
1. ReSotred, That the Convention will
now proceed to elect Eve Representative, to
represent the State of Virginia in the Con-
gress about to assemble at MonIgomery.
Ayes 81, nays %; and yon voted for its
adoption. (See Journal, p 212.)
2. " RcsotUed, That no member Of the Con-
yention shall be elected as Representative
in said Congress" Ayes 73, nays / 81 (See
Journal, p. 2I21 On this resolution you did
not yote-you lodged. Did you think that
if it failed, youmight beseieeted
Letus now review the ground over = liich
we have travelled. and recall what mad heen
done before this election took place The
Ordinance of Secession had been passed
The Federal forces had retreated from and