The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1868-09-12
The Honor of n Southern Gentleman.

The Honor of n Southern GenticniHn'
Ono James 81. Jackson. II brother OF
the Federal Judge, and rePuted to have
been the noisicst man in the Grafton
Convention, is the copperhead candi-
date for Judge in the Parkersburg cir
cult. The Elizabeth Gazette has been
paying it's respects to this gentleman,
and Tevivea little circumstance in
his history rs public officer, which
deserves wider circulation than the
Ga.etLc may be able to give it.
During tho session OF the Convention
in this city which reorganized the gov
ornment of Virginia in 1861, this same
James NJ. Jackson was aching rs Com
monweaIth'a Attorney in Wood county
II will be remembered the convention
prescribed an irOn-clad oath for in
cuInbent officers and vacated the offices
ofnn who refused to take it. The ordi'
nance required the officer 10 swear that
lac would support the Constitution Of
the United States and the laws en-
acted in pursuance thereof as the
supreme law of the land, anything in
the constitution and laws of Virginia,
and in The ordinances of tho rebel Con-
veniIon, to the contrary nOtwithstand-
ing; and further that lie would support
the Government of Virginia as restored
and reOrganized by the Convention en-
acting this ordinance. This oath this
Indignant sprig of chivalry scorned 10
take. He filed his protest in the Court
against 1t, and the protest was allowed
to he spread upon the record, only one
OF the Justices, who is now the Repub.
IIcan candidate for Governor Of tho
State, dissenting. In this protest Mr..
Jackson denounces tho reorganized
Government OF Virginia as "a GROSS
UsuKrATIoN" backed by a military
tyranny which was expressing his rela-
tive Gen. "Mudwall" Jackson, who had
but recently left tho bench of that
Circuit TO enforce with the sword the
compact which the rebel Virginia Con-
yention had made to transfer our peo-
ple to the military mercies of the jeff.
Davis Confederacy. Expecting that
compact would soon be made good, and
that tho "bogus government" would
speedily succumb. Mr.. Jackson was
careful to reserve the right to draw his
pay for such time as the "Usurpation''
might keep him out of his Office. Here
is the record OF the protest, as we find it
In the Gazette:
Va, Wood county. to-iOit, Aug. term, 1861
To the Honorable, the County Court
u ", EnN.
son the Attorney for tho Common,
wealth for Wood county, duly elected
aud qualified according TO the Consti.
tuition and the laws in force ut that time
and being now hero in Court ready and
willing to proceed with the discharge oil
HIS official duties but having been re-
quIred ny an ordinance of u body cali
ing itself convention OF Virginia now
sitting at Wheeling in said State, 10
take an oath which he considers Is in
consistent with the oath which he took
whom first sworn into Office to support
the Constitution of Virginia and being
satisfied in his OiDlt honest judgment that
the convention at Wheeling is a gross
HSlITpdtioH, and that the oath they rcq1ti1 c
him to take trOMtd peIJure him, he
therefore declines to take said oath.
And the said Wheeling convention
having passed an Ordinance intlicting
heavy penalties on such as attempt to
ulhCnuEkb AuClE UAl1Clul uuIlH5
taking said oath, and being satisfied that
The IEStupdtiOn at Wheeling hare the
physical force, backed AS they are by
the military power of the United States,
TO enforce the penalties denounced by
said Ordinance, he Is thereby debarred
from dischRrRing his said duties and
nothing remains therefore but for him
to protest against said Ordinance and
against It's acts and things, thus inter
pOsinRt to prevent him from the dis
charge of his official duties as aforesaid,
which he hereby does and asks that
this, his protest, may be received by
the Court and recorded among the min
utes of said Court.
And the said James NJ. jackson here
by declares his firm purpose. when or
der shall have been restored, and the
judiciary of the country left free 10 ad.
Indicate the rights, of the citizens, "a
clam hiS salary aud restoration 10 o0icC
and all its duties.
The Justices composing said CourI
having heard the views of the Attorney
for the Commonwealth, in writer
protest now read in open Court, ut hi,
instance and upon his motion, direct thI
SAID protest to DO spread at large upoT
tue minutes of this Court, TO which di
rectlon and action OF the Court, VIM
+. Stevenson, Esq, one of the Justice.
aforesaid, enters his dissent.
GEO. w. HENDERSON.
Tho reader will not fail to. recognize
in this precious document, not only In,
all peryadInE spirit but the lingo oil III,
rebel party of THAT day. The conven
ton Is spoken OF as ga body, calling 1t
self convention of Virginia now sit
ting at Wheeling" as ga gross usurpa
patton" as 1.-THE usurpatlon of Wheel
ing" The only omission from the yo
caoulary in which the action OF tn
loyal people OF Virginia was then de
scrtbed by these follows is bogus,
though of course .'nsprpation" i
stronger. .1ai
Mr.. jackson could not ,then swear t
support the Reorganlzed Goyernmer
of Virginia without perjury" becaus
ttwas'an ''usurpation,'-or in the lar
guage Of the present day, "unconstitr
tional, revolutionary, null and void.
afs sal7.- +.