The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-05-14

thought necessary 70 impose, md - % ny duty Ah
fully in every department. Of pahns service we'll ~
In my individual capacity. II such a objection was
made In the Senate q the uhsaeA stsaes whore am
known forbear say how would b treated becaussI
would be treated because k~ow ths terms IN which
would bs decided have lived 700 long, gone through
too many trials snd rendered the country such servicss
my asles enabled and the votes Of the people In
Whose midst am living, for particularly 70 tolerafs
for . moment como from whom II may, such an aspeS
sion my moral character ] glad u 70 made now,
whom am arrived At that period Of NE when n would
b unit 70 notice IL In any other way. But repeat
thero mot Of truth IN the construction which
has been given 70 the opinion already referred to-
have not by me- but recolIeot Substantially what
u The convention called 70 form new Constitution
for the State called under the authority Of an act
Of the Legislature Of Maryland and undcr that alone, BY
that Legislature their proceedings were TO b sub
mitted 70 the then legal voters Of the State The
convention thought they authorised themselves 70
impose, not only authority 70 vote what was not
mposed by the existing consution and laws but that
they had right 10 admit TO vote those who prohib
tied from voting by such constitution and laws; and
said IN company with what the whole bar throughout
the Union would have said 10 that extent they had
usnrped the suthority under which alone they were
authorized TO meet and that far their proceedings
were nullity They had prescribed this OATH and all
that opinion said, intended 70 say, that to
take that oath voluntarily not craven submission
70 usTped authority but necessary In order TO
bic the citizens TO protect their rights under the then
constitution and that there no harm taking
The oath which the convention had authority 10 i'm
pose. mako IL reflection upon any member Of
this court whom say that upon question Of that de-
scripton am at least able 10 form correct opinion
~ any gentleman around this table am here the
inetance-of that lady (ponting TO Mrs surratp whom
never heard Of TIL yesterday, she being Mary
lsud lady, protesting her innocence to am also
here because I deem II right, and due TO
the character Of the profession to which
belong, and which is not inferior TO that
Of which you membersthat she should not go un-
defended was 70 do it voluntarily without compeusa
tion. The law prohibits from receiving compensa-
tion, but II II had not understanding her condition,
should have dreamed of refusing upon the ground
OF her inability TO make compensation volunteer
Ing TO do what evidence will justify in doing for this
lady who Is now being tried FOR her fe Ny detcstaon
Of every concerned this nefarious plot carried
ont with such nendsh malice great that of any
member Of this court not here to protect any one
after the evidence heard they are proved TO be
guiy-not even her Will the honorable member Of the
court who has thought 1t proper believed his duty
make this objection, tho President who ssid II the
honorable member had not made IT, he should have done
anything personal TO mysef9 firmly settled
IN my own convictions Of honor and in my duty
public and private 70 be alarmed at all any individual
opinion that may be expressed here ask the court to
decide, and have doubt they win decide as seems
best 10 them and il il shall be such decision o. the
President OF the court feels inclined TO make can take
caro- Of myself in the future. $500
Brigader General HARRs--I trust IL 10 not necessary
should assure you, the gentleman whom feel It
should desire above all things, 70 do injustice any
man. Neither, hope need assure you that In doing
what feel i my duty to do have been Influenced
by my personal considerations Tbough I never had
the pleasure Of the acquaintance Of the gentleman 20
whom object, Ihave known him long IN eminent
public man Of our country, Of whom must say that my
impressions have been of very favorable character
But In regard 10 the Of the objection my reco
lection right must contend we'll founded
IL s due 70 the gentleman that should say that have
made this objection simply from recollection Of this let
Ger, which read perhaps nearly ago. and Of the
effects Of TINT letter upon the vote Of that State Now
4 understand the remarks of that gentleman In
explanation OF this thing cannot say that they
remove the diuieuhy from my mind at least. under
stand him to say that the doctrine he had taught the
people Of his State was the
framed and required the taking Of oath quaIiHca
ton 10 the rgh; Of Suffrage which ttutonal
and illegal in has opinion, that therefore, il bad
moral binding force and that The people might take 1t
and then go and without any regard 20 the subject
muter Of that oath. that does not tnstfy my con-
elusion confess unable 70 understand the English
language. Now, wish the gentleman 10 understand
roe, iha 10 regard TO his ability to decide legal quss
ton do intend to into any controversy. Hc
remarked 10 she court rather bosstingy that be
well able any mcmber Of this court Judge Of any
lnpal M I'm fe not ~ law Ia
o question OF ethics, and Of the morality Of
the thing, Of the sspciiiy of an oath voluntarily
TAKEN which understand he taught his people might be
set aside having force because the convention had
rapscendsd It's authority aud done something IL had
right TO do, and consequently they might voluntarily
take this oath TO enuc them 10 20 and vote without
consideringit 10 have any binding force And am
msch mistaken in the history Of those days, aud
In the effect Of that opinion upon the vote
Of that NsIs, IL u was not 30 ccrsidered.
large number cast their suGr,scs under That
ethical doctrine snshtto them by the gentleman sganst
whom have sbjec.ed. But, az was about 10 remark
would be sorry do iRnics To the gentleman or any
other man, and having made my objection simply from
my reeo,ssien Of this letter. IS perhaps due 70 the
gentleman and the members Of this court that the lettey
Itself should be submitted TO The scrutiny Of the eov
may be wrong; 30, none can be more ready than
myself to acknowledge that fact.
Mr. JoESsos--I do 'ntsnd 70 make an extended re-
ply 70 ube senteman's remarks. A 70 my boas;ing
about my competency 10 decide any lsxa question: The
gentleman s mistaken. eid, - competent ss any
Of the members sf this sourt they bc,ng lawyers
Now, the honorable member TO supposc because
said there was No harm In taking oath, that meant
there would bo no harm In breaking Nit werc taken IF
that the meaning sf tho terms am better Informed
gard 70 n than before. Ihspe already said
70 ths court that bad idea Of using them for any
such pposc, that, according 10 my Interpretation OF
them, they admitted Of no such construction When
gentleman dealing with gentlemen, even II the words
used liable to misrepresentation the explanation Il
the intended meaning Of them Is held 70 be sufficient
submit that among gentemen--spd hope I not
boaspg when say that In THAI capacity consider my.
self equal any Of the members sf this COURT repeat
when. a. gentleman, say thcy used for any
thcpa The