Daily national Democrat., 1861-05-15
Dallp Qatlonal Democrat.
Assembly Debate on Mr.. Conness' Propo-
s;,;on TO require Commissioned Officers
Of tbe State Militia TO take the United
STATES Army Oath.

of the State Militia 10 take the Ohiteo
states Army Oath.
IN Saturday, May llth, the House took
IN ;ts order on the general file the Act
drnnnlemcntarv to an Act in relation to the
,rihIitia of the State, approved May 9, 1861.
T. nroyides that the new Militia Bill shall
.ol,a immediate effect, and gives the Adiu-
."nt General, to be appointed, 81 800 addi-
,;onol salary, making his full salary $4,000
Ar Conness moved to amend the bill by
.,lng as an additional section the follow
."s mo commission shall be issued under
o .I'o provisions of this Act, or the Act to which
his is supplementary, to any person until
ayorv such person shall first subscribe to and
,ote the oath administered to officers hold
;",, commissions in the United States Army.
lr Wood, of Plumas, said that was un-
,,ooessarv. for the law already provided that
80 .on could receive his commission till he
had taken such an oatn
Mr. Conness said he thought his friend
t.om plumas was mistaken. All that was
now necessary was that commission should
he applied for, and upon the payment of S5
If was issued He asked the gentleman from
sacramento (Air. Curtis,) who, he believed,
was Brigader General, if that was not the
case.
Mr.. Curtis-A Major General if you please
Mr.. Conness-A Major General, then L
ask whether commissions are not Issued with
out such an oath.
Mr.. Curtis-I think not took an oath to
support the Constitution of the United States
and the Constitution of the State of Caliior-
MIA, which | expect to do
Mr.. Conness said he had no question about
that He intended by this amendment to
make no reflection upon any gentleman hold
jng military commission, but it was well
known that statements had been made in the
newspapers that commissions had been issued
60 persons not over and above faithful to the
Government. He held that the military de-
partment of the State ought to be above sus-
picon, and he could see no reasonable obiec-
ton to the amendment. In these times the
militia of the State might be called upon at
any time for duty, and no one could tell when
or how suddenly the call might be made,
Mr.. Fargo said he thought no gentleman
could object to the amendment, and he hoped
it would prevail There was rumor that
some recent appointees in his county had re-
fused to subscribe to the oath already re,
qured by law, and yet they had been ap-
pointed some two months.
Mr.. Curtis said they could not receive COM
missions till they took the OATH which was
lnuOTseu upon lue DaCk Oh the commission,
and must be returned to the Executive.
Mr. Conness said that was a general oath
which the Legislature and all civil officers
took, and the difficulty was as TO the con-
sructon of that oath. The army oath, pro-
posed 10y his amendment, required a specific
declaration as to service when called upon,
and was different thing from the oath here
tofore administered to the officers of the
militia.
Mr. Amyx read the form of the oath that
every officer was required to take before re-
ceivng his commission: 81, -, solcmnlv
swear that will support the Constitution of
the United States and the Constitution of the
State of California; and that | will faithfully
discharge the duties of - to the best of
my ability" Was not that sufficiently bind
ing upon any honorable man, whatever might
6e his predictions in the unfortunate crisis
that now clouds our country? He would
venture his right arm that no honorable man
would voNte that oath with his signature to
it, and if he was dishoporable man no oath
would bind him, however strong il might be.
Mr.. Conness said he wculd freely admit the
general bearing of the gentlemans position
Honorable men would not violate either their
0aths or their words Bat it had been found
in the experience of other nations, as we'll as
our own, that more specific oath was neces
sary and all the amendment called for was
that additional speciality should be added to
the general form of the oath now taken -
What objection could there be to that? 1t
was rot new test, though it might be called
an additional one; it was as old as our Gov
errment and had been applied, he believed,
in all armies. They had had an instance
where the present oath was found INSULT
cient, namely, in the Vigilance Committee ex-
cltement, when military officers ordered into
abe field refused to go. Had they taken an
tn to obey the orders of their superiors,
they would have been differently placed
they would have been subject to military dis
cipine for their disobedence
Mr.. Amyx said if the Executive commits
sions without requiring the oath, or officers,
after subscribing TO the oath, chose to disre-
gard it, it was not the fault of the law; and
the law was amply sufficient for the punish
mcnt Of those men who refused to obey or
ders, although they escaped on account of
public sentiment or otherwise. lie recollec-
ted the disobedience referred to, and thought
those guilty of it should be reprehended
through all time as dishonorable men.
Mr. Conness said he would do more thau
reprehend them.
Mr.. Amyx said so would he he would exc
cute the law upon them.
Mr.. Munday said he did not see the neces-
sty for this extra test. The law now requir-
ed every officer to take the oath.
MIR. Conness said that was general oath
he desired, in addition to that on account of
the exgencies of the times, that the form of
the army oath of the United States shonld be
administered
MIR. Wood, of Plumas, said then they would
be required to swear to obey the officers set
over them by the President of the u. States.
Mr.. Munday said the form of oath read by
the gentleman from Tuoumne (Mr. Amvx)
was in his judgment amply sufficient lie
was sorry to see these suspicious thrown out
No extra oath or affirmation would make a
soldier more trustworthy.
Mr.. Conness shid the gentleman from Pla-
eer and General Winfield Scott differed in
opinion laughter, for the latter had recent
ly ordered that all troops should take the
army oath anew.
Mr. Curtis suggested that the amendment
be simply to add to the usual form of oath
mat the officer shall obey the orders of all
his superior officers that would include all
that was in the army oath. and the latter if
adopted would leave out the Constitution of
the State of California.
Mr.. Conness said he would consent to modi-
~ his amendment only to the extent of in
sertlng the words "in addition to the civil
oa'h required by the Constitution of this
State"
Mr. Curtis said this was a law for the reg
u!aton of the militia of the State of Califor-
H'a' and he thought the oath to support the
constitution OF the United States and the