Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1869-02-13
Removal Of Disabilifies-Petitf IL
from n Union Man.

who served in the Federal army during the
war, has been forwarded to Washington 'or
presentation:
To the Honorable Senate of the United States:
1t being an established right OF an American
citizen to petition your honorable body pre-
sent this voluntarily, and prompted BY the
purest motives, praying that 1t may at ieaS'
be considered, though it may not be IN entire
unison with the views your honorable bcdy en-
terrain in regard to the same subject
By the 18th Amendment to the Constitution
of the u. S., it is, your petitioner belives, an
established fact, that persons holding othclai
positions under the present State government
of Virginia, who connot subscribe TO the oath
provided bv certain acts of Congress, are not
qualified, aud hence connot hold such official
petitions And further, that by the JOINT
resolution of the Senate and House OF Repre-
seutative5 of the q. S. lately passed and now
before the President for his approval, 1t Is pro
vided.
Resolyed 5v the Senate and House Of Repre-
sentatipes of the United States Of Anler1ca, IN
Congress assembled, That the persons now mold
ing offices in the provisional governments OF
Virginia and Texas who cannot take and sub
scribe the oath prescribed by the act entitled
IAN act to prescribe an oath OF Office ana Tor
other purposes" appro we'd July I'd, 1862, shall,
on the passage Of this resolution, be removed
therefrom and it shall be the duty Of the dis,
trict commander TO fill the vacancies so created
by the appointment of persons who can take
said oath, provided that the provisions OF this
resolution shall not apply to persons who, by
reason of the removal OF their disabilities, rs
provided in the l4th amendment to the Consul
tuition, shall! have qualified for any Office IN plr-
suance of the act entitled AN act prescribing
an oath of Office by persons from whom legal
disabilities have been removed" approved u
ly llth 1868; and provided further that this
resolution shall not take effect until thirty
days from and after It's passage; and 1t Is 1urtn-
er provided that this resolution shall be, and Is
hereby extended to, and made appl cable to the
State of Mississippi.
Your petitioner begs leaves to set forth, that
the said resolution strikes deeply against the
Judiciary of this State, and he desires to pre-
sent, that,
LIST. Judicial positions are supposed to be
entirely free from the control OF, and have no
community of principle with the political
economy of the government Of any State.
End Persons to hold such positions should
be selected for their entire freedom from poIit-
ica partiaities and be devoted to the great prn-
ciple of justice from man to man.
The Judges of the various Courts in Virginia
are generally. if not wholly aboring under Pc
litical disabihties-and hence in accordance
with the decision of the honorable Circuit
Court of the u S. for Virginia, are disqualified
under said 18th Amendment.
Your petitioner has personal acquaintance
with but one Of the Circuit Judges Of said
State Hon. Henry W. Thomas of the 9Th
judicial Circuit; and as to him your petition
err suggests, that if the first OF the above prop
ositions is substantially correct, his dlsabllll
should at once b. removed, il his quaIifica-
tons are in harmony with the second prop0.
sition.
How stands his case? Is the onus Of the
proof upon him, or must an affirmative be
sustained? If the former, then are all the well es
tablished principles Of law reversed; if the lat
ter then your petitioner charges that case Is
not made against him. and he is entitled to the
benefit of political liberty.
Your petitioner, as Deputy Clerk Of Judge
Thomas Court in Alexandria county, volun-
tariy aud most cheerfuy sets forth, that as a
gentleman, Judge Thomas has no superior
and as jurist is eminenty fitted Tor his high
position, not only because of his legal acquire
ments and sound Judgment but because, also,
that he is Of pue h art and clean hands IN his
official position.
Your petitioner has Witnessed ali his actions,
heard al his decisions, and entered up many
of his judgments, and has thus tar, never Wit
messed anything that was not, so far as your
petitioner is capable of judging, of 4 wholly
impartial character.
And because of the entire freedom Of Judge
Thomas from partiality in any form, he is &C
ceptabe to most, if rot all Of the prominent
citizens of his Circuit, Irrespective of political
association, ard were his position now depend
ing upon an election by the people, it would re
quirc powerful combination to remove him.
If the new Constitution is adopted by the
people of Virginia. there will be remedy at
once, quiet, peaceful and potent against all
persons who are found unqualified for positions
of any character, and will forever end all ques-
tons OF that nature.
It then there can te no charge sustained
against Judge Thomas, would it not appear
that his disabilities should DE removed?
Will your honorable body, composed OF, and
brought from the highest circles, the upper
stories, of the profession of the law, look on and
see man alike honorable and Just stricken
down because he has no power to protect
himself.
Your petitioner prays for the remova! OF the
disabilities of Judge Thomas, for the reasons
above set forth, and that your honorable body
will act speedily.
Your petitioner would also ask and urge the
removal of the disabilities of James NJ. Steuart,
Sheriff of Alexandria county, Va, because OF
his manly and generous conduct as an officer,
and because of his acceptance in good faith OF
the annihiation OF The doctrine Of the right OF
secession.
Your petitioner represents that he is entitled
to the credit Of impartiality in this his prayer;
that he s not a Virpinian but by adoption ;
tn at be was nearly four years in the u. 5.
army during the rebellion. and would be willing
again to offer his life, if necessary, in the same
cause, and that he is now and expects to re-
main member OF the National Republican
party.
The principle Of justice from man to man
alone prompts his present action; certainly no
hope of gain can be charged to him IN this be
half
And your petitioner will ever pray, &c.
g. II. RAAiEY.
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DIED.
In Leesburg, on Saturday evening last, after