REMARKS IN THE SENATE, ON THE CREDENTIALS OF THE SENATOR FROM
TENNESSEE, JULY 26, 1866.
On the presentation of the credentials of Hon. David T.
Patterson as a Senator from Tennessee, Mr. Sumner moved their
reference to the Committee on the Judiciary, with a view to
inquiry whether he could take the oaths required by Act of
Congress and the rule of the Senate.[44] In remarks on this
motion, Mr. Sumner referred to the case of Mr. Stark, of
Oregon.[45] Afterwards, in reply to Mr. Grimes, of Iowa, he
said:--
…
But, Sir, there was something that fell from the Senator from Iowa
to which I would make a moment’s reply. He imagines, that, if we make
this reference, we shall establish a dangerous precedent; and he even
goes so far as to imagine the possibility that he or his colleague,
arriving from the patriotic State of Iowa, may find their credentials
called in question. Sir, the Senator forgets for a moment the history
of the country: he forgets that we have just emerged from a great civil
war,--that the State of Tennessee took part in that war,--and that
the very question now under consideration is, whether the gentleman
presenting himself as a Senator was compromised by that war.
If in the State of Iowa there should unhappily be a rebellion, and if
public report should announce that our patriot friend had taken part
in it to such an extent as to sit on the bench as a judge, enjoying
its commission and swearing allegiance to it, then should he present
himself with credentials as a Senator, I think we should be justified
in asking an inquiry; and that is the extent of what I ask now. I take
the case the Senator from Iowa supposes, but remind you of well-known
facts which he omits; and there, permit me to say, is the whole
question. If the case of Tennessee were an ordinary case, like that
of Iowa, there would be no occasion and no justification for inquiry.
But it is not an ordinary case; it is a case incident to the anomalous
condition of public affairs at this moment. It cannot be treated
according to the ordinary rule; it is a new case, and to meet it we
must make a new precedent.
The Senator is much afraid of precedents. Sir, I am not afraid of any
precedent having for its object the protection of right; and just
in proportion as new circumstances arise must they be met by a new
precedent. New circumstances have arisen, and you are called on to meet
them frankly, simply.
The motion prevailed,--Yeas 20, Nays 14.
* * * * *
July 27th, the Committee reported that Mr. Patterson, “upon
taking the oaths required by the Constitution and laws, be
admitted to a seat in the Senate of the United States”; and
this report was adopted,--Yeas 21, Nays 11,--Mr. Sumner voting
in the negative.