Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1871-04-23

The Fourteenth Amendment tothe Consii-
Iron. In the case of Worthy vs. Barrett,
the Supreme Guurt f63 North Gsrofins
Reports, 1899 expressly included Clerk
ami Master in equity under the FonI teenth
Amendment -of the Constitution. The
case isiciied and approved in re Tate, (63
North Carolin9, sos. )saa
Those are the facts, as | under, tand
moi called in question, and present the
case of gentleman who comes here OBJ
nOxious 70 the third article of the four
teenth amendment to the Constitution
AS to whether we shall refer his case 10
the Committee of Elections, or whether
we will swear him in, have felt bound,
from knowledge of the facts disclosed
to me by gentlemen from North Carolina,
10 make presentation of the case to the
liou7e, that we might follow the same
course as in the last Congress and in the
Congress before the last, as well as in the
Thirty-Ninth Congress. 1t is the safe,
prudent, wise, and judicious course, as
the experience of the few last years has
clearly demonstrated. If this gentleman
shall be found able ID stand the ordeal of
tina: examination, he can be admitted on
the removal of his disabilities. Other
wise, he can be returned TO his constitu-
ents, and they can elect some one who is
qualified, or not disqualified under the
c nsiitu ion and laws. This is the case,
and | leave il TO the gentlemen of the
House TO decide what shall be done q.
Mr.. Kelley-I shall detsin the House
but few moments. Mr.. Wsddell is NO
srsAger to me, and l am quite familiar
with his history during, the reriod of
which the gentleman from Tennessee
speaks. know this man when he came
to Washington, submitted his case 10 my
consideration, and / at once decided that
he was under no disability, but could take
the oath of Office with as good conscience
rs could take the oath.
Mr.. Maynard-He could not take the
oath under the fourteenth amendment of
tine Constitution. ot}OE bus s6ooi
Mr. Kelley.-He is under no disability.
| The gentleman from Tennessee con
POUNDS the Office of Clerk and Master in
Chaucery in North Carolina with the
Master of Rolls in England; and / care
not what the decision, of the Supreme
4 Court of North Carolina may be, it
SD luld not bind us, for in this court we
are the Judges of the qualifications of our
own members.
In the first place the gentleman from
1 Tennessee admits that the oath must have
been taken Ia connection with judicial
Office. Such an office Mr.. Waddell never
held. He held a clerical appointment
under a Judge in North Carolina, and l
4 cou .oiva tho -IJonca IN tuo v,,;nrfoc O
statement of all the duties of that Office.
hold here the revised code of North
Carolina, edition of 1866, the latest pub
lished, and i find this reference to the
office of Clerk and Master:
''5. He shall KEEP fair and distinct
record of the proceedings of the court ;
and the bills, answers, and DEGREES shall
be regularly enrolled In a well-bound
book, kept for that purpose.
sc The Clerk and Master may admins.
ter the proper osths at all times and to al
persons, either witnesses or others, hav
ing business in the Court of Equity"
There Is no judicial function there.
"The testimony of all witnesses sha
be reduced TO writing, and dispositions il
equity shall be taken under the same
rules as dispositions at law and every
Clerk and Master shall be, eT-oDicio, s
Commissioner to take dispositions 10 bt
read in any suit in his court"
There Il no judicial function there
There are nothing but clerical duties
there
| Mr.. Kelley called the previous ques