New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1865-05-15

thai O. ans member OF TINS court ho.rJ and thev
nrotect any one after the evidence ~ he,iu ~. ~ -
a-c waved n be cuty-nOt even her. " ln nv NO"
oraba member of ,he court who mas mourn. " Pioi
or believed il his duty 10 make Lnis & bd no,
President who said. Ii the h0lordDe ihoiLp,i nau Nv.
made il no slonid have done so-wlli iley uhofs1hu
Nat am not pleading here for anything peTson,u 20
myefl stand TOO firmly se'ltu IN ~! %g" 0na NJ
ins az honor and in nv OF dnty Tunic ana PIT
ynte 10 be aarnod at all at any individual opinion thai
nav be expressed here. ask the court 10 decide ana
have doubt they VIZ dGGue AZ ,.es ~ No.
CONT feels inclined to make l can take care OF myself
in the iuiurc. e. . .r
slond assure yon nor the gentleman TO whom ieei u
m, duiy 10 object ns counsel before this court thut
Should desire, above al things. MOTTO do injustice 'ons
man. Ncitfc1 hope. need assure you lhhi IN uol
what feel II ny duty 10 do, have not been Influenced
ty any persoarl considerations Ihongh never hhu
tie pleasure Of the acquaintance OF the gen'en'ni W
whom object. have known hun long IS an e,i,inrn
public man a. our country, of whom mus sy tnat ~!
IWpfcssions have been of very iaVoiaplc chu"'ici
But ia regard 10 the matter Of the Objection d. NY tes'
lection serycsme right must co1tcud IT Is wei loInuou
IL is due 10 tie gentleman that Should say tnt nave
made this objection simply from recolecloh OF tls rev
Ter which read perhaps near! year ago ana oi VIZ
effects Of that letter upon the vote OF tai Sll. NV,
understand the remarks oi thai gentleman III "a
planation OF this thing, | cannot say fhai the! IL,
move the diit nifty from my mind at least u'uers',l
BIN to say that the doctrine be nae uusu' ,iV
of his state was that because tie convention hah Irleu
and required The taxing ef an oaih as inhhhcu,
ton % tie hight 0i suffrage which was uhcohstu'S
and ILLEGAL m his opinion, that, therefore, IL hau ~
moral Lufiup force and that tie people mltht lahe ~
and then 20 and vote without regard to the subject
matter Of that oath If that does noi )u'sy III! co'
clasior confess am unable understand me NhElls
language. Now wish the gentleman to uhdsrs'anu
me that in regard to his ability to decide legal qus-
ton 10 not intend T. enter into any controversy. e
remarked to tho court rather boastngy thn' De Was u
well able as any member OF this court 10 judge OF any
lega point Bni this Is not a point OF law. III ~
q question Of ethics, and OF the moranv ,Sl
the thing, Of the sanctity OF an oaih Voluntary
taken hich Undertand be taught his people might DC
set aside as having 10 .orce because The convention hau
transcribed its authority and done something hau 10
RIGHT To do and consequently they might yOluniarH!
take this oath TO outie them 10 go and vote wthoul
considering il 10 have my binding force. Ana am
much mistaken in the history OF those Gays, anu
il the effect Of that opinion upon the vote OF that stare
If il was not considered. large number cast tEer
sHlrages under that ethical doctrine Taught to them hy
tie gent eman against whom have objected out hs
was about 10 remark. would be sorry TO do injustice
to tie gentleman, any other man, aud having mace
ny objection simply from my recollection OF tins letter
il il perhaps due the gentleman and the members OF
this court that the letter itself should be submitted 10
the scrutiny Of tip court may DC wrong II go none
can be moro ready than myself to acknowledge that
fact. i
MIR Jorrsoy-I do not intend TO make extended
reply TO the gentemans remarks. As TO my boasilng
about NY competency 10 decide any legal question: the
gentleman is mistaken. said, as competent as any
of the members OF this court, they not beng lawyer
NOW the honorable member seems 10 suppose because
said here vas IN taking an oaiD that meant
there would be harm ~ breaking IL II II were TAKEN
Ii that is tie meaning Of the terms am better informed
in regard to ii than before have already
said to the court that had idea OF using them for
any such purpose that according to my Interpretation
CT them they admitted Of no such construction. when
gentleman is dealing with gentlemen, even II HE
words used liable TO misrepresentation the ehpa
nation Of tho intended meaning OF them Is held 10 D.
sufficient ] submit that among reltemen-and i
hope am not Boosting when say that in that capacity
consider myself equal 10 any OF the members Of this
cOuI-I repeat when, as gentleman, tay they were
used for any nch design as is imputed to them the
gentleman 10 whom the xpanaion Is given Will not 10
disposed TO repeat that they were in point OF fact win
that design. Now, 10 the effect upon the people OF
Maryland don't know where the honorable member IL
FROM but he is not citizen Of our State, suppose.
| Cen HARgis--I am Il citizen OF West virginia
| Mr. JoBSsoS-I supposed you were not a citizen o.
/ MARYLAND was about to say whoever supposes-and
hope the honorable member will send for the letter
that the people Of Maryland can be induced by an ind
yuua opinion ~ take oath III order to Violate H. IL
under very great misaprehension. We have had what
regret very much hundreds and hundreds Of our cit
leave borders and participate In tins
but hundreds and hundreds also Of those who remained
have proved true their flag and have eyinced their
upon the battle with their blood end with
their lives and Ia the relation in which stand 10 the
people OF Maryland may be permitted to cay they are
the eguals morally and periodically OF the people OF
West Virginia. There were other topics involved IN the
Constitution which inueI ced The votes OF those who
voted against It, 10 which IL unnecessary and useless
here 10 refer. But deny. and deny implicitly, that
there was single who voted because O that oyin-
ion and took the oath with view 10 vote intending
therefore. TO violate the obligation. But as Legal
question, il is something new 10 me that the objection
aCe If well founded In fact Is well founded IN law Are
the members of this court 10 measure the moral character
Of every counsel Who may appear be9re them 10 tna
Their function What influence has that upon the court
by which their judgment could DO led asTayf Ny
client may suffer from the possible prejudice II may
create in the minds OF the court but how can tho court
suferf Who gives the court the jurisdiction 10 de-
eide upon the moral char acter OF counsel who may APP
pear before theIni Who makes them the arbiters Of
| public morality or OF my professional morality What
authority have they under their commission 10 rule
out any other counsel out upon the ground That he
does not recognize the validity Of an OATH even II they
| believed that this was sol But put myself upon no
such grounds claim in all moral and honorable re-
spects 10 be the equal of any member OF tins tribunal
They may diapose Of the question Us they please 1t VAL
\ not touch
| General HARRIs-The Court understands there Is
intention reflection upon the people Of Mary
land in regard their loyalty or morality or III regard
10 their patriotism. proud TO they have good
record in this great contest through which country
has inst passed While it is true Of Mary land am
sorry to say II equally true Of my State that many
Joined the rebellion and have made for themselves ter
rolc record But the circumstances Of tins case we're
rather peculiar. The people Of Maryland were about
10 vote upon alteration IN the fundamental law OF
tie State upon the adoption OF new constitutions
constitution which made some radical changes IN re-
gard TO the social state of the people OF Maryland Say
cry about to be boted out. That was the purpose
aud il liz an unfortunate fact that that portion OF the
people interested in the proposed change were as gen
era thing the disloy portion; and 1t was in reference
to the effect which this opinion expressed by the honor
able gentleman in the letter referred 20. had upon that
vote and upon the action Of this portion OF the people
that ny objection was in part founded for 1t did not
that they understood as did In regard to the
right Of the court to inquire into the moral standing Of
counsel. we have 10 such right But the order CON
shutting this court makes provision for the
prisoners the accused having counsel One Of the
provisions in reference 10 that matter Is that the gentle
men shall exhibit certificate of having taken the oath.
shall take II in the presence Of the court and thus
the obligation Of the oath here special question
docs appesr that he ignores the moral obligation and
admit him. it defeats the very provision OF the or
der. Hence think 1t proper In me, as member Of the
~ ,..fs ..tn
grounds. Whether the objection Is well founded or
not, however. the gentleman dsclaims any such in