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

refer But deny, and deny impl CITY, that there
single man who voted because Of that opinion,
and took the oath With view vote intending thers
fore, 70 violate the obligation But legal question:
70 something new 70 me thai he objection made II
wsll founded In fast, we'll founded In law Ara the
members Of this court 70 the moral character Of
every counsel who may appear before thsmS II that
their funconf What influence has that upon the court
BY which their judgment could bs led astrayf Ny
client may suffer from the possible prejudice
It may orsais In The minds OF the court,
but how can the court su1erf Who gives 70
the court the jurisdiction 10 decide upon tho
moral character Of counsel who may appear before
themS VINO makes them the abters Of public morality
or Of my professional mosatyf What authority have
they under their commission 70 rule me out or any
other counsel out upon the ground shal he does not
recognize the validity Of oath, they believed
that this was sOf But put myself upon such
sounda claim in al moral and honorable respects TO
be the equal Of any member Of this tribunal They may
dispose of the queson as they please. win not touch
me.
General HAnRB-The Court understands there IL NO
intention 10 cast any reflection upon the people Of Mary
land in regard to their loyalty or morality In regard
to their patriotism. am proud 70 say they have good
record in this great contest through which country
has just passed While It IL true of Maryland am sorry
TO say 1t s equally true Of my State that many Joined the
rebellion and have made for themselves terrible record
But the circumstances Of this rather peculiar
The people Of Maryland about 10 vote upon aera
ton in the fundamental Law Of the State upon the adop
ton OF now constitutions constitution which made
some radical changes in regard 70 the social state Of
the people Of Maryland Slavery about TO be boed
out That tho purpose and II s unfortunate fact
that that portion Of the people interested In the proposed
change were general thing the disloyal portion;
md IN
expressed by the honorable gentleman In the letter
ferred to- had upon that VOTE and upon the action Of
this portion Of the people, that my objection In part
founded; for IL did not seem that they understood
rs ! did. In regard TO the right Of the court 10
inquire into the moral standing Of counsel
we have no such right. But the order con-
shutting this court makes provision for ths
prisoners or the accused having counsel One Of the
provisions n reference to that NATTER that the gentle
men shall exhibit certificate OF having taken the oath,
shall take in the presence OF the court and thus tho
obligation Of the oath is here special question II IL
does appear that he ignores the moral obligation and
admit him, defeats tho very provision Of the order
Hence I think il proper in me, a member Of the
court, 70 found objection of that character upon
such grounds Whether tho objection Is well founded
or not, hswever the gentleman dsclams any such in
teniion hut that Is ac' admission that the language
Of the latter may have been unguarded that had the
effect supposed, though II not in accordance with
the intention Of his mind in writing II is unfortu
nate thing il he wrote letter risconsrued But II
1t was not the intention OF the writer that, Of c0ur
must cxouerate he disavows having any such inten-
ton, and claims for himself moral character which he
is not ashamed 70 put in comparison with that OF any
member OF the Court Now IL Is not my purpose 10
characters at ALL but simply 20 bring forward
objection, which felt my duty bring aud nothing
else-an objection founded on the understanding had
Of the letter referred TO. sorry have do Il.
But did IL IN spirit Of personal III will bad felng
was sorry that II my duty do such things but
could not do thing else with the impression had
on my mind, and be honorable gentleman win un-
derstaud what mean by this. He understands, too,
what the force Of conyicsns must be, and that
man FRS from principle this thing will
occasionaliy impose upon him unpleasant duties
His dsAvowal Of roy such intention, derived from
memory Of his letter. a'n bound 10 take but this must
insist upon that there ground FOR The objection
Mr. JoaSsoS--Mr. Prcsileut, osc word more. All
propose TO say In the order ocnfers authority 70 refuse
me admission on The groando claimed by tho honorable
member because you have authority TO admnsterthe
oath 70 have taken In the Ssnate Of the United
States, in the Circuit Court OF my STATE, in the
Supreme Court Of tho United States, and . prac-
tioner in all the courts In nearly all the States and it
would be little singular II ono who has the right to
appear before the supreme Court Of the land and who
belongs 10 the body that creates courts martisl-
Major General HusTsR-Mr. Johnson has made
iniimaiion TO holding members Of this court per-
sopally responsible
Mr. JoHs aox--I made no such ntimstcn, nor did
intend 10.
Major General HrsrxnI shall my no moro than was
going soyhst hoped the day had passed when free
men frem The North TO De bnlicd and insultcd by
the humbug chivs'ry of the South.
The court here took y rscces for half an hour and
when returned went into session In order TO
liberaie upon the subiccs so lcngthiIy discussed.
The court being reopensd General HARRIS stated r.t
he desired TO Withdraw bis objection no 'csnsis,rss
Mr. Johnson's explanation satisfactory ,moral Of the
ground on which the objection wss foap ,sa
Mr. JoHvsos expressed his winlp, oss. ana t.s,,. IN
take the oath, hut the court deev ed unnecessary and
the cath was no, taken.
During tho discussion u de,or ,eo, and ,~e..brv NJ
shells nrad IN practice ouncu.,ed The Of ,be
learned co"ossi ano lis courteous opponent
iEsriAoSs 2r DETECTIVE LEg-ArzEnorr's ROOM
IN TIE KfRKwOOD house.
A. " LEE, being duly sworn, ss!insd ~ follows:--
O. Do you belong 10 the the police forccs A. Yes cir
to the military police. t..a
Q. State whether, At my hmc, you oxamncd the
room of Atzoro,t at the KEkwood House. A Yea, SIR
ordered by Major OBelrne 10 20 into the principal
part CT the building, aud see how tho house was
situated. made examination, and told him that
could get from tho roof " s!airwsy
in the back Of the building, which would
admit him into any part Of the buSidrg told the Ma
jpr the circumstances.
Q When THAR A. tfiere the witness looked At
. paper)' II was the night ri she Ism Of April ;
then went, and while there . friend came
to and said there was = rather suspicious
looking person who had taken the day Previous
and had better 80 and lcu. fwent and found In the
register, badly written, the name OF ~E A. Atserota
made u out but IN fact nobody eould make II ont
unt asked the propriv,os, and he made out on The
register
Q Where did you 70 70 afser ShaU A. went up
stairs 10 . room and Of the oisska and asked
him 70 20 up 70 the room with me- fsusA the door
locked and he said the party had taken the key with
him; went 70 Of The propneto and sskod n he had
c1s~rsoo IN tnto n