Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-04-24


that body, and shortly at.er the decision was
announced by the Court of Appeals, a law
was passed prescribing an attornies OATH but
limiting its provisions to the Goth of June,
1868, the day from which the State of West
Virginia dates its existence.
The question tkcn presented itself to me
can resume my pratiee under the law as it
is now passed Can l with truth take the
oath as it is now modified, and changed as to
time? -,
The oath touches no mans sentiments,
sympathies or opinions. It involves no res
grets or repentance for the past. It presents
the simple inquiry, have you done auy of the
acts then prohibited, since the 10Th of June,
1868?
Having never at any period of the war,
held any civil, political diplomatic office or
appointment, under either the State Govern
ment of Virginia, or of the Confederate States;
having terminated all pratical and substantial
conneXlon with the army ON the 18th Of June,
1868; never having since that day exercised
any oEthe functions of any Office, civil or mill
tary; and having lived during the remainder
OF the conflict in state of seclusion and re.
tirement free from all connexion. with public
affairs, was aware of nothing that could or
should interpose any difficulty in my resump>
ton OF the pratice Of my profession.
1t is true, the system OF retrospective test
oaths is aLhorrent to my feelings, and indie
tensible upon principle. They wereI believe
unknown to the world until the late war
No precedent, so far as my memory serves me,
can be found for them in ancient or modern
times. Still, Objectionable as they are in
principle and policy, that need not deter per-
sons from exercising their undoubted rights
in the face OF them, who can do so with
safe conscience.
a tI,n rnf frNSy ootST OrEI,
especially i'll time of universal uncharitable-
ness and dstrust, such as the present, are ca
pable OF being made the subject Of great an
nOyance to those who take them Some mis-
conceived rcmark-somc incident imperfectly
understood may by unteeling maliynity be
raked up from the rubbish of the last three
years to wound the sensibiltes, and impugu
the honor Of Il gentleman. The matter, if ex-
anlned, may be found unilDpOrtant in itself,
or susceptible Of the clcarest explanation, vet,
the arrow of the delalner, or perhaps the bill
of the Grand Jury, may be specded on its way
to wound and to torture. There are thousands
in this State who eau honestly and conscien-
tiOuSiy take the test voters oath, who shrink
from tho exercise Of the right Of suffrage un-
der the apprehension that some evil disposed
person may pcrvcrt o- iabricatc sou.cthing to
the disturbance OF their peace, and thus, the
elective franchise is discouraged, and the true
sentiment of the country is suppressed. For
MY own part, do not permit such spectres
to deter NC from the performance of what
regard NY right or duty, Strong in the in
tcgrity OF my conscience I shall mcetall such
phantoms, and dispose CT them as they rise
beture Iue.
The attack which has been made upon me
in the esprit Of Jefferson" is striking
illustration Of tie injustice which is done by
these mere partial views of transaction
It was charged that | entered Martinsburg
in 1861, with Gcnl Early army in u,lfornl
The uniform is u dress peculiar to officers and
soldiers aud the impression sought to be made
upon the public mind was, that formed
part of its military organization. That ma
terial part Of the statement is low withdrawn,
and the writer now proclams that he can
prove that l went from Buuker's Hill to
Martnsburg with portion OF the army.
Well, if he had only said what no ore would
have questioned or denied, that I as private
citizen, had rot only once but three times in
1864, agailed myself of the advance OF Garly's
army, to visit my home, he would have said
no more than what was generally k1hwn here
and there could have been no objection to
the statement in that form. The wrong to
me consisted in stating, not that [ had visited
my home private citizen, under the ad-
vance Of the Confederate army, but in using
language calculated to convey the idea that
formed a part'of that army myself If the
writer did not intend that impression upon
the public mind, his whole allusion to that
incident is without sense or meaning
Again, it was stated in the same oaper.
that had in 1864 made application to 1t.
Genl Ewell, for position on his staff. The
giSi of the charge, here, consisted in my
having made tie application to Gen'l EveIl.
In other words it would have subjected me
to the imputaton of having <Sought Office.
Now that is also withdrawn, and it is now
said that IoHed to accept because such ac-
ceptance would interfere with ConI Slaead.
This is total abandonment of the only point
material in the allegation. 8.
That 1t. Gcn'l EwclI did in the winter Of
1864, make application to me, (not to hi1n]s
to become the inspector General OF his Corps,
is trne, and DR.. Hunter Mcclure, the
eminent Medical Director of the corps, was
selected by Gen'l Ewell as the person through
whom the application was addressed to me.
it is proper that that gentleman should speak
for himself
RICHMOND CRY. Va
April 10, 1866.
1t is within my personal knowledge that Lieut.
Gen'l Eweil desired Mr.. Charles J. Faulkner TO ac-
cept positi"L on his stuff as Inspector General
lSihe winter of 1864, Cent EweII addressed letter
10 Mr. Faulkner Offering him he position, but
Ceived no answer. AT the Geni's request | Wroie
to Mr Faulkrer, and ia Gen'l EweIs name urged
him to accept the Place-iniorBing bin alsD, that
Genl EWel WAS anxious see him Mr. Eaufkner
did vi it him. dined With him aud remained there
2 lew hours caG say wirn confidence from my
intimate relations to, aud connection wih the Effort
to get w. FauiEner on Genl Ewen's STAFF in 1864
that no API i:aiion was made by Me- Faulkner to
GsnI E"eli for the ro-ition, but on the contrarE
the GPpcattac nd effort was made upon the part Of
Gen EScsu 10 him, 10 get him 10 lake IL, II is
well known that Mr. Faulkner did OF Gil the place
or perform any ofthe duties of lnspectar General
HUNTER MCGUIRE,
Z Rrt I sinEn,, nt 4Io l;...,: