Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-11-10
rFrnm the Clarksburg Conservative ]

To the Hon. Ephraim Is Han, JuuSe
NJ the Tenth Judicial Circuit In West
Virginia.
DEAR SIR In all countries, whether
pagan, nahomedan or christian, the idea
prevails. that Judge ought not only to-
be pure, bu, aboue suspicion. And when
we apply this measure 10 The conduct ol
"a Judge 10 a country where the common
law and christianity prevail, we may just.
ly require tina, his example should accord
with his precePt.
In presuning to review your conduct
a. Judge. you are entitled 10 The bene-
fit of the presumption that you are not
only pure. but above suspicion. In your
case this is "violent presumption, that
may be rt bulted by evidence. 10 rebul
,hls presumption, and show that You are
neither pure nof above euspicion. will
di, regard all adventurous aid derived from
the we'll Known facts, thai you hold your
present office in open violation OF the
rights of the constitutional voters OF your
circJ and that your election wss pro'ur-
ed hv fraud and corruption; and ~iIl at
once ,urn to the law and the testimony
On the l6 n November, 1863. it was
enacted by she Legislature Of West Vr-
eina. ss follows: Every person elected
or appointed TO any office OF trust. civil or
military. bs!ure proceeding to exercise
tie authority or discharge the duties OF
the same" isrt9uired so swear "ihsi he
will support lhs crDstiiU'ion Of the Uni
ted STATES and Of West Va; that he has
no, voluntarily borne arms against lhe
United States; that lie has never vo!upia.
iuiy given aid or comfort 10 persons en-.
gagged 10 armed hostility thereto by coun-
ienancng, counstl.ing or encouraging
item In The same that he has never
.oush', accepted nor attempted 10 exer'
cise The functions Of any office whatever
under any authority in hostility TO the
UniIed States; that he has notyielded a
voluntary support 10 any pretended gov
ernmeni, authority. power or constitution
within the United States hostile or mimi
cal thereto; and that he takes this otlIga'
tlOu freely, without any mental reserva-
non OF purpose " e'do'"h'
This oath is close and searching, driv-
ING away from al Official station every
honest, hish.minded. truthful man. how
ever we'll quslifed. if he has ever done
ianv OF the acts described III it, but open,
ing the door for men less honest and
lru,h(ul, vi ho may have done the same
,hlnes disapprove Of the oath, you
approve it. Yon have taken i, al least
twice; first. when you qualified as Auor'
iney General. and second, when you quail.
fled as Judge of the Tenth Judicial Cir
cult. You are required TO administer this
oath to every officer who qualities before
you in any court IN your circuit. Ii may
never have occurred TO your mind that
The presence OF such an oaIh Of office on
lie statute book must exclude you from
your Office Of Judge, unless you can OBJ
ain general absululion from past offenses
and Lispens alton from the obligation oi
such oath.
will now produce the testimony 10
show YOU ihai. notwithstanding you took
sand oalh of office, yet you did rolunisrl.
ly give aid and comlnr. 10 persons enssg'
ed III armed hostility against the United
States; and tina, you exercised The tunc'
nrns OF an Office under an authority in
hostility To the United States; and thai
from the l7lh day OF April to the l., d "
OF May, 1861, you yielded voluntary
supper, to lhe rebel Stale government al
Richmond and the Confederate govern.
menl a, Montgomery, which dnring that
period were certainly a. least "preiended
governments within the United States
, and hostile thereto.
The Convention Of Virginia. Of which
vou were member. OF the l7lh Of April,
1861. passed the "Ordinsnce Of Seces.
SION On the l9lh of April, 1861, the
government of the United States burnt
Ihe armory and military supplies a. tlar-
pers Ferry. This was an act Of flagranl
war between The United States and the
Stale Of Virginia. From that day every
acl of that Convention was the act OF a
government within the United States
and hostile and inimical therelo;' and
every member thereof, voluntarily partic-
ipaling in its proceedings after tina, date.
Welded a voluntary support 10 such gov
ernment, and thereby gave 'sid and CON-
fort" to persons engaged in armed hos'lll.
" 10 the United States. by organizing
them into an army, voting them supplies,
appointing officers, and forming alliances
for their protection aud assistance. You
remained member Of that Convention,
participating in all its deliberations. until
its adjournment on The lst day OF May,