New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-07-27


Mr susNRR-To inquire whether or not he can take the
oath required by law.
Nh JoHNsoS-I do not see how the Judiciary Committee
can make the inquiry decide that question II must be de
cded by the gentleman Tor hme subject TO the responsible
M. sHFmiAS qsep, Omo-I would inquire II in the Ian;
euage Of the resolution admitting Tennessee il not declared
that her Senators and Representatives shall be admitted when
they take the oath required by law
Mr JoHSsoSI about to ask that question OF the
Chair whether the resolution admitting Tennessee has not
that clause in it, My recollection that tIa 1t not de-
Senators from Tennessee consider that question settled
Mr.. HENDERSON Rep.. Mo- handed to Mr. Johnson copy
Mr. JOHNSON haynF read it. said the concluding words
ton from the House stricken ont because they
oB, v tf tat h1 we've in no av 70 change
the meaning resolution then supposed the resolution TO
that rennes entitled 10 representation well as any
other state in The Unonthcy Of coarse taking the oath pre-
scrbed by the Consultation and tho laws cannot see what
Mr Patterson can take the oath or not certainly the
right 70 take the OATH subject to toe responsibility OF snnipg
against the law and the Constitution by taking false oaih IL
he the a false oath he can be D. oc 'eded against
Mr. SUM,TR-I have already quoted the pIceeden In the
Of benjamin Stark think the Senator did not hear IT.
Mr srMSrR-Ii seems to me to be peculiarly applicable
take it that the facts Ofen day in The whole ease
senator from tennessee now on the floor Mr. Fo@er whom
all boon happy welcome 20 his seat TO sstc tne
s, FpoTidse GA these facts should IKE to have the judg
# the senate II seems to me NE senate ought 70 &c.
rnrred IT, knowing what has occurred the senate thinks
OF office can be administered ut that desk 10 hs gen
tleman Mr. Pstierson II WI be 80 sdmlIlsieied ouI H.
when all stated To the senae shal be OF con
traIy opinion then presume the senate VIZ deeFe III sone
way that the oath shnll not be administered.
Mr. CowAN-Ths motion 20 refer the credentials OF
Senator TO the judiciary EomHee 10 Atsle MA,''gi , I
can take particular oa'h: WY! NJ IIcsluc.L u W
Judiciary Committee Of the Senate can inquire or determine
beforehand whether take oath or not then what
the Of The OATH An Official olih usually oots ioIN.a
the incumbent tht be vii DO certain thngiJr
instance support The Constitution his oa'h rslrospses
and eGur,s man 10 swear that ne has not cone certain
things Now II % nqu re- beforehand whether ne can
take this latter oath then why not inquire whether he can
take The former and that spect 70 becomes apparent 70
oycry body tha such motto aad such reference is e. 90
away entirely win ihe eie'e4y 81 we oan " Y ~. t
uurposc bat that the Senator from Tennessee VIII De allowed
10 take bis sect taking the customary oath 40 10 the
precedent in the Stark case there Is no analogy nay wa
reference not to inquire whether Mr. stark snou tGke u
oath or NOT but whether he was tu"t ., 80" ~
tGid TO be reasonable ana the Jgllci! CoICe SsIe 4u
,trIctod 10 inquire rs 20 that Tact II j. entirely aHseA'
tom this case. Trust TIE motion VIII DOT an
NJ. FOWLER I'm Ieunh here rose AID sal hl'cn'
aguc air Paitcrso) authorize ne 70 s!y tli be Is eef
ecy wiling that the course moved BY the senator from Mas
sachusets (r Sgmne sha De taken 10 s'S! Tie 'eIle
DO regard to the .harges made against hin.
NJ, BowaRD REP. MICH wish simply TO say nat !
understand tie app clnt Nr Patterson 20 be willing that
liz Investigation shrl Be made.
Mr. FowLrR-Thlt is thc fact He not Only willing bot
BE viii BE perfectly harry 10 have such On inyesgahon
Mr. HowARD-N Sow tbat up would Ike to say one
word The OF sc! provides that every person o}loned
to any civil office elected - the Senate ~ House OF kpi
,tves shan bf entering the dschnge d ms duties
tkc the oath prescribed 10 that act and amone other c
which the applicant required 70 attest IN that solemn TORN
i this" that has sought or attempted to exercise
The functions Of any Office Whatever unecr sy authority or
90, only hat he 1a not exercised fneon Of such Office
bat thai be b.. noAs9gshi o. ~cic,r ~ 20 & @
e,u In srch case subject 10 the taking Of TVS oath
mess rfrs TO the conscience 81 the a9cant whether ne
s0ull could take this oath under Hnd The statute 90
S 'pleInt slal he iuo n point II fr' !, Would Be-
very de ceremony require tie aplc an once
~ , fis euire by he Oath IL loi L,ll that uadcr
tho terms II tins oath individual Is n point q Jaw pro
,ed as plainly Tho pr biiion were communicated IN
he oath from hodiag any Office uncsa c cis .iaed h zoe
oath are IN point # fact true llore Lec D. tls ihe Ju
die ary Committee, when tbs Gaze siaI cone uellIe 4eA
sal MAKE 'u. all ON, ~ M ra,, .boang a.. Whether or
moi this APPLICANT has exercised nuy ohec unlcr
lbe ,s. n he has doae one ding or The
70 9ny IN &C. S tat he - prosibtsi by ts stat
40 'ot ~ c,nrse vo.ch the rath n tie information
ht ms gentleman ha. not only sougia Judicial office 10 toe
tate u tennessee uuuer the I'D called toniedefn" '"efN
nt Lnt he mas actually proceeded 90 exercise tie functions
ftiat office and has judge under the authority 81
10 he f,ct LoNc,er mich / saoall esteem the
crson character q the applicant should feel constrained
10 vote against his taking seat IN this thamocf:
n, Tnw,>ts 1,ep Va said that tie best form iur the
a. S,,,,er ,ss 10 put Il 30 that the Committee
the Judiciary he inquire uto the qualifications OF
sIe senator eect f Tennessee lie moved TO amend TIE
Mr. stMsrs accepted the motion
Mir GUMS (cp lowa,it seems 10 me that ms very
oart precedent hich about 60 estabsh ana cA
he attention OF the senate speedily 20 Two gentlemen w
pear before purporng TO De senator rom s.-t w 80
ne nil recognz Is being entitled 60 representation IN 'AIs
CHAMBER 4 member tins body (sumue) r-e. ana Hlon.
snv charges himself becoming resronsitle iof ahy
or introducing the name Of single tnanIla WIZ -
20 become reasonable for what 10 chfsu, hT IoI va,
tho introduction Of Of the senators ron tennessee fS
terson) shall be postponed Gnt .es ian
fore tie has AWAY. been ha una iac nan present
ine credcnnl, entitled TO BIS al ~ " was ai.ei~aId
discovered that be was not onli 10 occupy seat was
the duty the Senate 90 investigate that Question through TIC
Judiciary Committee hey loand tsal ne Wa not ahed
they could 30 report aud REJECT NM Now Ar fIesdent
INV myself should show credentials the 4ih Of
March Senators from Iowa would u be competent for
gentleman to se and ,ny that ne 'd n1l was aoe
take that oath cOnscenousy and without presenting any
charges against TO require my eredeAa to be sent to The
Committee on Judiciary Stale 10 be deprived of its repre-
snt alton until the judiciary Committee Should make report
ard the Senate should act upon ~ There no analogy be-
tween the Oregon and hs In that there
RESPONSIBLE pies who made declarations to member Of this
body charging the Scueor om Oregon applying for seat
With the expression Of certain reasonable sentiments.
Sir IEssENDES diep Me)-lhey sent snida'is -,
They were produced here and read In the If
the Senate but in This there docs not seem to be anything
IL gt acquaintance with Mr Patterson, who sent here TO
represent Tennessee am not .puenced IN The slightest de-
,e by personal considerations IN this matter but II seems TO
me very grave matter to set such precedent when may
home cases IN the course OF rev years Tue
state Of entitled To representation III we discover
that presented by man who ought not to be allowed
TO SIT here take the oath cf office let some gentleman
make against him. and let those charges be referred
MT TRIMBuLL (Iep n took the floor and in the
NJ speech reviewing the under consideration took the
ground that attending justified the refer
ence the credeath to the Committee on the Judiciary to
what there In the charges made against the ap
picant -, ---, -,
M HENDRICKS Dem Ind quoted from the speech OF the
late Senator Colamer that II was the opinion q" That
gentleman that holding Office under de aeo govern
ment did not constitute an act OF treason especially was TINS
the case with judicial Offices which gave neither aid MOI com
fort 10 the enemies Of the country.
NJ UowInp REP Mich asked IL the enforcement II
laws agin Southern Union men was not giving aid
and comfort 10 the enemy. .
mr. HENDRICKS said there was no evidence that MT iatlet
son mad enforced Rebel conscaton laws He would ask
Mr. Howard whether Mr. Patterson was State Judge or
Confederate Judge la Tennessee. .
Mr. HOWARD said his information was not ample on that
uenhrInka that there COnll be