Year: 1861

dishonored man. That was the proper and
only course to pursue. But when he was
told that he must cast aside the fealty he
owed to his State and become the tool of the
man who had violated the Constitution of the
United States itself, man upon whose head
and black heart every drop of blood which
might be shed in the present crisis must rest
then he would tell them that he spurned
such tests as that proposed. lie stood ready
to support the Constitution and the laws OF
the land. lie had always been SO. But
when he looked round and saw men whose
hands were vet red with the blood of the
victims of 1886, applying the tests, there was
consistency Those were the men who were
crying out for new tests, whose patriotism
was leading them to join Union Clubs, and to
form organizations when there was no enemy
in their midst, nor yet upon theil border. He
hoped that the amendment would meet the
condemnation of the House. He saw no ne
cessty for it. He believed that if the bill
should pass with the amendment the Cover
nor would never place his signature TO it,
He would disgrace himself if he did.


Mr.. Conness said he would like to see him
refuse to sign the bill for the reason given by
the gentleman from Mariposa But as to the
"test," as it had been called, what was it? 1t
was nothing more than that the party re-
ceiving or holding a military commission
should take an oath that he would obey his
superiors in that branch of the service That
was all. Its effect would be, that those hold
ing commissions and refusing to take the
oath would have their names stricken from
the roll; and SO they ought to be. No man
who was soldier should refuse to take the
oath when deemed necessary for the public
interest, to obey his superiors in office On
| trua hat ha |,
was not deemed necessary. But there had
been occasions in this State in which such an
oath was found necessary, and the evil of its
absence was experienced


In reply to some remarks Of Mr. AmyX,-


Mr. Conness said: The gentleman said he
was ready to join the service of his country
at any time in good cause. That was a
wide latitude. The gentleman might con-
slider that it was not just cause in which
the President of the United States requested
! the services of the soldiers of a State, and he
might refuse to obey.


Mr Montgomery said supposing the Pres
ident of the United States were to usurp the
war-making power, and call upon the Gov
ernor Of this State for troops, would the gem
tleman from El Dorado have the Governor
bound by an oath to obey that order
Mr.. Conness said he never had any qualns
of conscience as to the Legitimacy of the acts
of his Government, when it was assailed. He
believed now particularly in the doctrine of
his country, right or wrong, but always right
if possible


Mr.. Montgomery insisted on the gentleman
answering his question, which was, in the
event of the President of the United States
usurping the war-makng power, which be-
longed only to Congress, and making de-
mand on the Governor of California for
troops to enable him to sustain his usurped
power, whether the gentleman from Ell Do
rado would have the Governor of California
bound by oath to obey usurper and tyrant
in the foul crime of crushing out American
liberty?


Mr.. Conness said the gentleman included in
that query the entire political position that
he had seen fit to take at the preseut crisis
lie (Air. Conness) had answered him, specii
cally, that he had no doubt as to the legiti-
macy Of the position Of the Government at
this time that he was in favor of maintain
ing the Government by the use of its power
in such degree as might be necessary. There
fore, as the amendment was intended to ap-
ply to the present time, there could be no
doubt as to his position or opinion. If the
gentleman from Sutter, and others with him,
saw fit to question the constitutionality of
the faction of the President of the United
States, and regerded that action as a usurpa
ton, he (Mr. Conness) would leave them to
settle it with their consciences and with the
people of the State. He was proud to be-
lieve that the people understood the question
at issue as well rs their representatives. that
the public mind was awakened to the true
condition of the country, and that the people
were determined, as their actions everywhere
showed, 10 rescue the Government from the
hands of leading politicians. lie was glad to
believe and to know that the day of treason
able Presidents and reasonable Cabinets was
at an end, and he trusted in God that the
country would never know the like again.


Mr. Curtis said he was endeavoring to leg
isate for the militia of California; and he
did say that it would be improper to require
the officers commissioned under the act TO
take the oath suggested 10y the gentleman
from ElDorado. Every officer took the oath |
to support the Constitution of this State and |
faithfully TO discharge the duties of his office. |
AS that was 50, he asked the gentleman from
Ell Dorado--and he believed lie was militia !
ry mana Colonel


Mr.. Conness said he had considered HIM
self disgraced once by being sent Il commits
sion, and ranked among what he had heard
denominated the dunghill Colonels of Cali
fornia He did not think it worth five dol
lars, and did not remit the money. Now, as
there was some prospect of service, he would
take that or lower commission whenever it
should come


He hoped and believed that he was loyal
subject of the Government. If the Govern
ment should require his services he was as
ready to serve his country as any man on
that floor They were engaged, however, in
preparing law relative to the militia, and
the United States army oath should not be
incorporated in it,


Mr. Conness said the gentleman, having
claimed for himself degree of sincerity, was
certainly in bad taste to attribute to him
(Mr. Conness) the basest of motives.


Mr.. Curtis disclaimed having done any
such thing.


Mr. Connoss said the gentleman had
charged him with giving political direction
to general subjects, and if he was capable of
so doing he would think himself base. He
would inform the gentleman that his object
in offering the amendment was not political
advantage, but because it was rendered ne
cessary by the exigencies of the time lie
had not much doubt that there were gentle
men holding military commissions in Cafor-
MIA who Were not over and above faithful, at
the present time, to the Government. lie
did not desire to impute it, but it was . be-
lief in which he shared. 1t should be the
object of every good citizen to correct that
and the oath he had proposed after it should
be administered, would leave nobody open to
suspicion. The object of the law to reorgan-
the State on footing that would make it
! -, IL Al, l..