The national Republican., 1866-07-27
CONGRESSIONAL REPORTS.
ooNeRnss-EIRsr SESSION
TnunspAy, July 20, 1860.

xxxixTn oONeRnss-FlRsT SESSION
THURSDAY, jury 76, 1865.
On motion Of Mr.. Harris, the bill for the removal
Of causes In certain cases from State courts wa
| taken up and passed.
Mr.. Sherman moved to suspend tho 10th and I 7th
joint rules for the residue Of the session. which ws,
On motion Of Mr.. Stewart, the bin extending the
sct granting lands TO the State Of Mississippi TO aid
In building railroads, was takcn up and passed.
Mr. Fessenden, from the COMMITTEES Of conference
on the amsndstory tariff bill, made reports which
was concurred In.
The credentials Of Hon. Mr.. Patterson, Senator.
elect from the State Of Tennessee, were presented
and road ..r -
Mr.. Sumner moved that the credentials be 70.
fcrrsd to the Committee on the Judiciary, with q
view to ascertain whether Mr.. Patterson can take
the oath prescribed BY Congress.
Mr.. Cowan supposed Mr.. Patterson knew whether
ho could take the oath, and II was hardly worth
while to refer the credentials TO the Committee
the Judiciary to inquire into his ability to do It.
Mr.. Sumner said he would refer to precedent
for his motion. On the 9th Of January, 1862, the
credentials Of Benjamin Stark, Senator from Ore.
gon. were presented. He had been assured, and
other Senators had been assured, that Mr.. Pat
terson had acted a. judge under the rebel con.
fsderacy, and had taken the oath to support that
government. In taking that oath he had disquali.
fed himself from taking the oath prescribed BY act
Of Congress until 1t was repealed.
Mr.. johnson considered tho question settled as
to the right Of Tennessee to be represented on this
floor BY the passage Of tho joint resolution. Mr..
Patterson had the right to be sworn In and to take
the oath Of Congress his own responsibility, sub
ject to the consequences II he took . false oath.
Mr.. Sumner said the facts ip-the case were as
open as day. He thought the Senate should know
what had occurred, and after thorough knowledge
Of the circumstances tho Senate saw proper 10 allow
Mr.. Patterson to take the oath, 1t could do so.
Mr.. Cowan was not prepared to say what the
| Senate ought to do.
Mr.. Fowler said his colleague [Mr. Pattersonl
was not only willing, but anxious that the subject
should be referred to the Judiciary Committee, so
that full Investigation might be had.
Mr.. Howard inferred that the applicant was not
required 10 take this oath as q mere unmeaning
| formality. He understood that in such cases the
affirmation required to bs sworn to by tho applicant
shall be truo in point Of fact 1t would be an idle
| and unmeaping ceremony TO tako this oath II the
applicant alone were to judge Of his ability to do It,
He hoped the Committee on the Judiciary would
make full and free inquiry into the facts Of the
Case
Mr.. Edmunds suggested that the motion be
amended by instructing the committee to inquire
into the qualifications Of the Senator.
Mr.. Sumner adopted the suggestion, and modified
his amendment to that effect.
Mr.. Grimes said that this was q very important
question that they were about to decide. II had
been decided that the State of Tennessee was enti
tied to representation in Congress, and he was op-
posed to taking this unusual course when her repre-
sentatves come here with their credentials properly
certified Heretofore the case always has been thst
prima fdcia the member who presented the creden-
tals was entitled to take his seat; and afterwards,
IL thcre was any doubt about II, the Judiciary Com
mitee could then inquire into the facts and report
on his right to hold the scat. The State Of Ten
nessee entitled to representation on this floor.
| He hoped the Senator would be sworn in.
Mr.. Howard real the test oath, and said that II
the facts were true as alleged concerning Mr.. Pat
terson, he not 1t to sit In this Senate ut all
Mr.. Trumbull thought that either course might
| be pursued in this matter. The practice Of the
Senate had not been uniform. On the presentation
Of his credentials >inia Jaeie the gentleman Is
titled to be sworn !ni but that may be overcome,
and the Senate didit In the case Of Mr.. Stark. He
hoped that the CREDENTIALS would be referred, but
| without expressing any opinion on tho subject.
Mr.. Sumner thought he should not err In stating
| tho action Of tho House in the matter. The Gre
dsntials Of the members from Tennessee were re-
ferred to the Committee on Elections, and their
report the members were admitted The Commit
tee on tho Judiciary, Of the Senate, corresponded,
so far as this subject was concerned, with the Com
mittee on Elections, of tho House.
Mr.. Cowau again argued against the proposed
reference and in favor Of the Senator elect being
| sworn in.
Mr.. Hendricks said that, although tho letter Of
the law might have been violated In Mr. Patter-
sons case, the spirit had not bsen. 1t was not
political office under the confederate government.
He believed that IL was stated that Mr.. Patterson
had been judge Of The State Of Tennessee, and in
no way connected with the confederate government.
Mr. Doolittle said that he believed that the Gov.
ernment owed Its success to the true and loyal
people Of Tennessee and contributed more to
uphold and strengthen that brave people in their
devotion to tho Union than Mr.. Patterson. His
house was the rendezvous for the Unionists, and
through him many a recruit had been sent into the
| rnnks q Mr. pattarsan vEas n iudUs han
the rebel government was organized. When his
term expired he again consented to become
candidate for judge under the laws Of Tennessee,
existing precisely rs before the rebellion. His
opponent wns an open rebel. He was elected
by four thousand majority by tho loyal
people Of Tennessee. 1t was necessary before
he could take his seat that he should take the oath
to tho confederate government and through the
force Of circumstances he was constasined to do So
lie took 1t at the point Of the bayonet telling the
rebels at the time that he should spit upon it.
Mr.. Fessenden explained his action in the case Of
Mr.. Stark. Senator from Oregon.
Mr. Guthrie thought the best course to pursue
was to swear in Mr.. Patterson, and II It appeared
afterwards that he not entitled to seat tho
Senate could expel him.
The question was then taken on the motion to
refer; which was decided in the Affirmative rs fol-
lows:
Yeas-Msssrs. Brown, Chandler, Connss,, Ores.
well, Edmunds, Fessenden Foster, Harris, Hen
derson, Howard, Howe, Kirkwood, Morgan, Nor.
rilI, Nye, Poland Pomeroy, Ramsey, Ross, ,sprague,
Stewart, Sumner, Trumbull, Wade, Williams, and
| Wilson-26.
Nsys-Messrs. Buckalew, Cowan, Davis, Doolit.
tle Guthrie Hendricks, Johnson, Lane, McDou-
gall, Nesmith, Norton, Sherman, Van Winkle, and
| Willey-A
Mr. Brown asked to take up the joint resolution
from the House to authorize contract with Morril
Reeves for a statue of the late President Lincoln.
Mr.. Sumner objecting, it went over.
| AT 2 30 d, m, motion of Mr. Grimea the Sen.
ate went into executive session, and after fifteen
minutes spent therein the doors were reopened.
The joint resolution appropriating $l19, 900 for
the relief Of the builders Of the clad Camanche
was taken up and passed.
The unfinished business, being the deficiency ap-
preparation bill, was then taken up, and number
Of amendments from the Committee on Finance
wero concurred In Among the amendments
agreed to the following: Tho regular eompensa-
tion of female folders to be $50 per month. after
June 80, 1856 to complete the repairing and fur.
nishing of the Presidents House, $40, 0,0OO.l
Mr.. Sumner moved to amend by providing for 20
per cent. increased compensation to the clerks Of
the Department Of State, to take effect from June
80, 1865
By unanimous consent, Mr.. Wilson asked to take
up the joint resolution to provide for the publca.
tion of the official history Of the rebellion returned
by the House with an amendment.
| On motion of Mr. Wilson, the amendment of the