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

justifying his subsequent action in taking the
test oath prescribed BY the late Legislature of
West Virginia, for attorneys practising in the
courts of that State. This card of Mr. f.
has been elected by the article ''non est iocus"
which appeared in the columns of this paper
on the 9th Of March, and about which there
has already appeared some bitterness of con-
troTersy. Thus far, we have borne no part
in this controversy; nor would we, at this
late day, enter the lists, did VIC not conceive
that the card of Mr.. Faulkner is calculated
to create the impression that the "gross and
unprovoked attack" of which he complains.
was made by the responsible head of the pa
per, rather than by the author whose name
has been furnished him.
Passing, therefore, over that portion of the
card which details the circumstances under
which Mr.. Faulkner became soldier, and in
which evident effort is made to show the in
innate personal relations existing between the
writer and the lamentcd Jackson-an init
macy which must have been as gratifying to
Mr.: F. as to the General-we come to that
portion of the card which bears upon the wri-
ter's connection with the command of Gen.
Ewell which connection, according to Mr.
Faulkners own showing was severed on the
18th of June, 1868, just five days previous to
the time prescribed in the test oath of West
Virginia From the first date Mr.. F. re-
garded his connection with the army as ''vir-
tually and substantially terminated" and we
suppose that within the five days intervening
his resignation was sent to the War Depart
ment at Richmond and there acted upon, for
until such action was had, Mr. Faulkner was
VIRTUALLY and substantially" a commissioned
officer in the army of the Confederate States.
1t it was not acted upon within the five days
he was still an officer, although Mr.. f. might
not have regarded himself as SUCH To us.
however, it matters nothing when Mr.. Faux
ner entered the Confederate service, how lcng
he remained in it, or when he left it. We
only refer to his card for our own vindication
not for the appearance of the article ''1on
est jocus," for the writer of the article has as
sumed responsibility for it-but for the card
Of Mr.. E. in which he connects and holds re-
sponsible the paper, after a name has been
given him.
OF the reference Of Mr. F. to the otLer
charges in 'snOn est .joc,,s," we have nothing
to say, except that in which allusion is made
to his having entered Martinsburg with the
army of Gen. Early. This Mr. Faulkner ad-
mits-not only that he did it once, but three
times in 1864-but says that he did it as a
private citizen; although he states in his letter
tous demanding the name of the writer of the
Objectionable article, that sit is false that 1
accompanied the army Of Cen. Early either
with or without uniform" y great many citi-
zens of the Valley were with the army during
the war, both before and after the 2Qth Of June,
1868, and most Of them are supposed to have
given Gail and comfort to persons engaged
IN armed hostility to the government of the
United States, by cowHtenancing, couaseIiHG
and encouraging the same" Mr.. Faulkner
says he did not do so, and we arc bound to
take his testimony in the matter. He was
with the army, travelled with it, entered Mar
tinsburg with it, but only as a private citi-
zen, without one word of counsel or cncour-
Ggenaent for those suffering men, who were
clearing his path to 'his home" Surely he
is less humane than we had ever believed
him As matter of curiosity we here give
the celebrated test oath, that the reader may
make his own application Of it to Mr.. Faulk-
ner's connection with the army of Gen. Ear
ly, as private citizen -
II. "a. b do solcmnly swear that have
not, since the goth day of June, 1868, borne
arms against the United States, nor against
the State of West Virginia; that have vol
unfairly given no aid or comfort to persons
engaged in armed hostility thereto, by coun-
tenanclng, counseliDg or encouraging them
in the same; that have not sought, nor at
tempted to exercise the functions of any office
whatever under any authority in hostility 10
the United States, or to the State of West
Virginia; that have not yielded voluntary
support to any pretended government, author
lty, power or constitution within the United
States, hostile or inimical thereto; and that
L take this obligation freely, without any
mental reservation or purpose Of evasion"
Here We would like to let the sui ject drop.
but we feel that we should fail to meet our
responsibility as the conductor of public
press, If we did not in sonic measure, howev-
erfeebly, attempt to counterfeit the.eyil. which
might possibly grow out of the argument of
Mr. Faulkner to show the facility with Which
the test oath may be taken. He says athefs
are thousands in this State who can, honestly
take the test voters oath, who shrink from
the exercise OS the right of suffrage under The.
apprehension that some evil disposed person
may pervert or fabricatc something to the dis
turbance of their peace" lie deprecatcs
test Oaths as abhOrrent to his feelings, but
still thinks they should be taken. Thewhole
argument on this point sounds to US like the
advice of Mephistonheles to Tic student:=