The New York herald., 1866-07-27
THIRTY-NINTa CONGRESS-.
First session.


First Session.
SENATE.
wAsuNGros, July 20. 1904
TIE CREDENTIALS SENATOR PATTERSON, or TENNESSEE.
The credentials of Mr. Patterson, senator elect from
Tennessee, were taken from the table and read
Mr.. SUMNER, trcp.l OF Mass i that these
dentals be referred 10 the Committee the Judiciary
with view inquire whether Mr. Patterson can tako
the oath by the Congress the rule Of
the Senate.
Mr.. CowAs, trcp) OF Pa-Nr President, l suppose
that Mr. Patterson viii be tho Judge whether he
take the oath not The Senate hardly inquire
whether a man take an oath or not
Mr. SrMsgR-In support OF tho motion beg 10 call
attention TO the precedent OF the Thirty seventh Congress-
second session In the case o benJamn STARK senator
elect from Oregon. | have memorandum here, az
fpllows:-"when his CREDENTIALS presented
January 6, 1862 Mr. Fesscnden moved that tho oath
be not adm niscrcd IN him. but that his credentials bo
referred 10 the Committee on The Judiciary" u will be
remembered that the occasion Of tha motion was that
there TO believe that Mr. Stark had expressed
dIsloyal sent mentE The reference to the Judiciary
Committee for inquiry into the facs II appears
that AT a subsequent day January TO- this moilon was
agreed to, and the 7th OF February, more than
month after the presentation OF tho cred nals. Mr.
Harris from the committee, made a report With the fol
lowing resolution RcHovcd, That BENJAMIN Stark, Of
Oregon appointed Senator by the Governor thereof Ia
entitled u take the constitutional oath - and this
luton amended by ddng thereto ''withou prcju
dice TO any subsequent proc edngs IN the and
amended, 4 vas agreed TO on tho 27th OF February
1862 The oath was then taken and Mr. Stark took hts
sent Now, sir have been assured and other senator's
lave been assured by more than one gentleman from
Tennessee that Mr. Patterson has acted Judge under
the rebel authorities and that In that capacity
he took the oath of allegiance some iva
lent oath 10 the rebel government In hoIdiuv Office
under the rebel government he has disqualified mso,
Of course, from holding scat In tbs chamber at least
until tho existing law o. the land has been Changed
Under these circumstances. SIR and following the proca
dent Of tho Senate, have submitted the motion which
q now before the body
Tho ,nAR fMr Fostcrl-fhe motion is that these ere
dentals be referred 10 che tommtao the Judciary
70 make the inquiries named by the Senator from Mas
sachusctt1
Mr. Jorssos--I was fortunate enough to hear what
the inquiry
Mr.. SUssEK-To inquire whether or not he take
the oath required by law.
Mr. Joussos--I do not how the Judiciary Commit
tee can mako the inquiry or decide that question II
be decided by the gentleman for himself subject 70
the responsibility OF committing perjury.
Sir SHERMAN. lrcp1 OF ohio-f would inquire IT. In tho
language OF the resolution admitting Tennessee, II not
declared that her Senator's and Representatives. shall bo
adm tied when they take the oath required by law
Mr. Jonssosl about 10 ask that same question Of
the Cfar whether the resolution admitting TENNESSEE
haa that elause In Ny recollection Is that IL
II not denied that Mr. Fowler and Mr. Pater.on were
duly elected Senators from Tennessee consider that
question settled
Nr HESpEssoy, trcr) Of No, handed TO Nr. johnson
n copy Of the Tennessee resolution.
Mr.. JonSsos having real q said the concluding
words ''on their taking the oath Of oince,n which
were in the rcsolut on a. II came from the Houso
altogether superrIous. they were stricken out Under
tho Impression that they were IN % c.ange tho
meaning OF tile resolution then supposed the re.olu
tOn say that Tennessee u entitled 70 epreseniato
well any other star ia The Un0n they ~ cOurss
taking mo oath prescribed by the constitution and tho
laws cannot see What tho judiciary Conmittes have
% Do with decldrg whether hr Patterson taks tho
oath not lie certainly has tho nght 70 take the oath
subject to the responsibility ~ SHINING asanst the law
and the constitution by taking iao OATH. II lac taxes
fase oath he can b. proceeded against
nr SUMNER have Already quoted the precedent IN
he ana ~ IrutA 4 think the did
not hear H.
Mr. JomSaox-I recooot IL
Mr. StssgR-lt seems 20 10 be pecn iiaYiy appli-
cable take Il that the facts day Ia the
whole suppose there can BE- no d0ub, about a.
I might appeal 10 the senator frDr Teunezs see
the hoor Mr. Fowier whom we have all been happy
- 10 hs seat 10 state the simple facs 81 The
case. They must be nngaeslionaby within his knoNl.
edge ON these facts should IKE 70 have the Judgment
of The Senate u seems 70 tho Senate ought 70 act
ntegenily with IT, eyes open, and knowing what bA.
occurred n. knowing what has urred the senate
thinks tie oath of Office can he admin siercd at that
desk this gentleman tMr Pait rsonl viii b. al
minetcred but H. when the facts all stated 70 the
Senate. IL shall be of contrars opinion, then presume
ihe nate w declare Ia come way that the oath shall
not bo administered.
Mr. CowAs-Ths IL motion 10 refer tho credentials
~ senator 70 the Judiciary Committee % inquire
whather he take particular oath. Why. dr Prest
dcHt, u tho Jadiciay Committee % The senate can IN
qufe determine beforehand whether man can take
oath not, then what u the 0f the oaihf An
official oath usually looks forward 70 swearing the In
cuinbent that he will do a certain hingfor instance
support and maintain the constitution Thls oath u
Prospective and requires 20 HNear that he has not
done certain things Nov, " are " inquire before
hand whether he take this latter oath, then Why
not Inquire whether be can take the formerf And 10
that aspect becomes apparent % ssebofy that such
a motion and such reference IL " do away
urcly With the efficiency u The oath u once
itself hope that these credentials VIII not be
referred for any such purpose but that the Senator
from Tenbessee Will be allowed ~ take bis sat taking
the customary oath A. TO the precedsnl 10 tho Stars
case there u no analogy That was reference not 70
inquire wbethsr Mr. stark should take the oath no,
bat whether hc guilty of conduct Nad ~ be
trca.onable and the Judiciary Committee we're Instructed
~ inquire that IL II entirely different from
this csse. trust the motion viii not prevail
Mr. F1wLKR, Sanatof from tennessee, here rose and
said Ny colleague mr.. Pa,srsonl authorizes 81
say that he peuectly willing that The course moved
By The Senator from Massachusetts, ar sumner shalt
be taken " satisfy tho senate 10 regard y tho charges
male against him.
Mr. HysAED, irrpl of Mich - vlsh simply 10 say
thai understand the applt ant hr fAitsrnonl 70 Be
willing that fhis Investigation sbzll bc made,
Mr. FopLnA- That . ule fnct Hs = ~ only wiling
bit hs ~i b. pcfec,y laygy % have such an inyeaig
uon
Hr Hor.rD--So- TIA, I am 10 rouid liks 10 sAy
one word The act n 1872 provides hat syery per~1n
appointed 20 any civil 0lce eisced ~ the senate -
H0use of nspfeentAiyes shAi, before catering The
act and among other facta shich ths applicant
qaifu1 % attest that solemn fetm this .tbaa he
has never sought ~ attempted 20 srsscse TIE fanc0na
of any ofee whatever uoder any anuiggiiy ~ pre-.
tended auApriy hostility u the United sal@s sas
Only thai " has ths fsnctl0ns % sach
once but that he hS nos sDssbi ~ srsfctsei M-so
Stringent the nct of iss2 Voc sir infrf from thls
ss~ssss that spposnt sseh ssbj~t ib-
takinw a ths cath a. mere smptJ. unfnsanlsg for.
rasy a. nos sndsrAi@nd thss Conxf~ss rsfss V the
eos~ssnos q ne srpcant shsther Ne -osis ~ could
tsks th osih sndersssnd the rs&tss rsqalr. thss
In ths fsu required W - " ~ The 40.
pilcsst shall - true In p-sint ~ fat u vonlf ~
v~y sls osfemgnr ar v require tbs sppaiosys for
q - tsss us ozth be sos@ " - tfss Ia1gs
- IA a. fsrfs N In