The New era. [volume] (Martinsburg, W. Va.) 1865-1871, 1866-11-15

kOL. :.
From the Clarkesburg Conservative.
D the Hon. Ephr0ilH Is. HaU. Jtt5{ge
Of the Tenth Jadiciai Circuit ia
West Jirginid.
HEA II SIR:-In all countries, whether
an, mahomedan or christian. the
r. prevails, that a Judge ought not
@k be pure, but 0bofe suspicion. And
q we apply this measure to the con-
ofa Jnlgweountry where the
Nov laGv 31eF echristianity prevail,
ma, justly require that this exam
mould accord With his precept.
presuming to review your conduct
EJudge, YOU are entitled to the bene-
the presumption that you are not
pure, but above suspicion. In your
this is a "violent presumption"
may be rebutted by evidence. To
hi this presumption, ard show that
are neither pure nor above suspicion,
MI disregard all adventurous aid de-
a from the we'll known facts, that
hold Your present office in open
ation of the rights of the constitu-
Inl voters of your circuit and that
Il election was procured by fraud
corruption; and | will at once turn
be law and the testimony,
Ia the 10th November, 1868, it was
eted by tho Legislature of West Viz
Ia, as follows: Every person cleo
For appointed to any Office Of trust,
j or military, before proceeding to
5rcise the authority or discharge the
Yes of the same,o is required to swear
lat he will support the constitution
the United States and Of West Va;
q he has not voluntarily borne arms
Sinst the United States: that he has
yer voluntarily given aid or comfort
persons engaged in armed hostility
Veto by countenancing, counselling
them in the same; that
bias never sought, accepted nor at
npted to exercise the functions ofany
Ice whatever under any authority iii
Utility to the United States; that he
5 not yielded 4 voluntary support
any pretended government, authori
kpoWer or constitution within the
hited States hostile or inimieal there
land that he takes this obligation
lely, without any mental reservation
purpose of evasion
This oath is close and searching, driV
4 away from all official station every
nest, high. minded truthful man. how
81 well qualified, II he has ever done
y of the acts described in it, but open
the door for men less honest and
Athful, who may have done the same
Lngs. disapprove of the oath, you
prove it. You have taken it at least
dce; first, when you qualified as At
hey General, and second when you
alitied rs Judge of the Tenth judicial
rcuit. You are required to admins
( this oath to every officer who quail
before you in any court in your cir
It. 1T may never have occurred to
nr mind that the presence of such an
th of Office on statute book II ust eX-
lde you from your Office Of Judge, I'M
IS you can obtain general absolution
>m past offences and dispensation
I'm the obligation of such oath.
Ow you that, Notwithstanding you
pix said oath of office, yet you did vol
!tarily give aid and comfort topersons
gagged in armed hostility against the
lifted States; and that you exercised
functions of an office under an au-
trity in hostility to the United States;
d that from the 18th day Of April to
lst day Of May, 1851, You yielded a
luAsary @up.o'; q t1e rehei State
vernlncnt al Richmond and the Con
lerate government at Montgomery,
lich during that period were certain
ut least "prctended governments
thin the United States and hostile
ereto."
The Convention of Virginia, of which
II were Il member, on the 18th of
pril, 1861, passed the "Ordinance of
On the 10Th of April, 1861,
Q government of the United States
mt the armory and military supplies
Harper's Ferry. This was an act of
grant war between the United States
d the State of Virginia. From that
y every act of that Convention was
e act of a government within the
lited States and hostile and inimical
areto;" and every member thereof,
UNFAIRLY participating in its proceed
IS after that date, yielded voluntary
pport to such government, and there
gave laid and comfort" to persons
gagged in armed hostility to the Uni
| States, by organizing them into an
ny, voting them supplies, appointing
icers, and forming alliances for their
and assistance. You remain
member of that Convention, par
ipating in all its deliberations. until
adjournment o, The l,t day Of May,
IL.