New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-09-01
THE TEST OATH.

The absurdity OF the radical doctrine thab
the testoath act as applied TO members Of
Congress, has the character Of statute law,
was conspicuously illustrated in the case Of
Senator Patterson of Tennessee, By the Con-
stitution each House is the judge of the quali-
ffcations Of its own members, and the oath to I
be prescribed requires support of the Gonsti- /
tuition and laws of the United States, This is |
Tie constitutional oath and it differs very ma
terfaIly, from the test oath, which imposes |
conditions entirely unknown to the funda-
mental law. OF course any such additional
qualification imposed on a member elect, |
whether by rule, or by joint resolution is, as
| to its legal effect, entirely void. Ha man pos
Esess the qualifications required by the Consti-
tuition and be regularly elected, he is entitled
to admission on taking the constitutional oath.
But in practice, either House or both Houses,
can, practically, nullify the Constitution by
arbitrarily imposing extra-co constitutional con-
diHons, such as the test oath j; and tits diff
| fcult to perceive o remedy in such O case
Nevertheless. il is just as competent for a sue
ceeding Congress to admit members without
regard to these arbitrary conditions, and with
out troubling themselves to repeal the rule or
resolution by which such conditions were,
| originally, prescribed. This shows that the
/ test oath law Ehas none Of the characteristics
Of statute law, but is simply, in its appli-
cation to members of Congress, an exercise of
force and power on the part Of the majority.
In the ease OF Mr.. Patterson, the Senate
acted in a manner which fully demonstrates
Il the correctness, of this reasoning by admit
ting Mr.. Patterson. although he could not
takesthe oath, and in spite Of the refusal Of
the House to modify the law to meet his case.
4 The Senate had, by d vote of 35 to 2, de-
cided IN favor of Mr.. Patterson's admission.
But the joint resolution called for the con-
current action of the House, and thither,
therefore, the case was sent. The House was
I not slow to sit in Judgment upon the fitness
of one with whose qualification it had nothing
: whatever to do The Senate had consented to
. modification Of the test oath to meet the
Il peculiarities of Mr.. Patterson's position as a
Judicial officer of Tennessee during Confede-
rate rule, and upon this proposed relaxation
4 of the test the radicals grounded their oppo-
sition. Mr.. Shellabarger would not till his
dying day consent to a mitigation Of the
7 test. Mr.. Stokes who in 1861 counse1ed
. armed5r esistancet to Mr.. Iincoln's measures for
i the restoration of the Union, now talked of
: maintaining the test oath ''as at1afnlng sword
] To- guard the loyalty Of the nation Mr.. Conk-
t ling was not less mtolerant. And the whole
band Of radicals arrayed themselves on the
side Of the test oath against MIR. Patterson and
the vote Of the Senate IN 8 behalf and IN
support Of the authority uneonstltuti
taken under the joint resolution. The Senate
resolution was tabled IN the House, and under
the terms Of the joint arrangement NJ Pat
i terson' $ admission seemed to be postponed
Indefinitely.
The Senate, however, refused to submit to
this invasion Of its rights. The case Of Mr..
Patterson was again taken up without refer
!. ence to the vote in the House. and proceeded
with as though no plan Of concurrent action
had ever been dreamed of. Without abiding
Ia INA 7ar;siot, ~ tIa IoYca ,44,o1, tk 7.ecrI1,
~
~ y, ~
sie islit aush'siis5 ses.ee I! y
Il ~ the e5onstleaeon' ana pes'ssefeeo Us fl8he
80 be the sole Judge OF the quahileat1ons OF
Il Its members, and decisive majority affirmed
/ Mr. Patterson entitled to his seat.
\ Thus, as far as the Senate is concerned, the,
81 5yybale theory az the inyiolabiIity of the test
!. oath law Is oyerthrown. AZ To members Of
y fonfrass II. " NJ law N Iii Alraad1 Il bos
s. j
80 ~
nla5 ~ eAl'eceea @heneYef a
CONSCIENTIOUS man nom me SCUM presents
himself for admission Finally the whole
A system VII be LAD aside as absurd and in
4 practicable. From the House. however, no
such concession to common sense can be ex-
pected as long asst is ruled BY the actual radi-
cal majority. Into that extraordinary assem-
plage no one can be admitted us a representa-
| tive from the South except one who does not
represent the Southern peonIe. n II II he
hoped tbat The eonino elactions viii rar,1one
tba s;ttine, ar, ha,,s With of,a,s III
4 49,, v.
II !. VIZ
oiSe5tace y fepupllss1la lnstiSuelons.
/ -,