Mr. SHELLABARGER.Mr. Speaker, since I heard the report and JtResolution sent us from the Senate, I have felt myself unwillin to enter upon any extended consideration of the merits of the JtResolution. I wish, however, in the ten minutes allowed me by the kindness of my friendfrom Tennessee [Mr. MAYNARD] to say a few words in regard to the legal aspect of the question as now presentedto us. It is a question, let me more members of this House, which in its reach and cheat it will be difficult for the best minds in our body fully now to take in and realize. I regret on all accounts that it has come to us under circumstances like those which new surround us, and at a time like this. But I will not stop to dwell upon that view of the question. per mit me, however, to allude to one or 2 legal points which are involved in this matter. It is said that we may safely pass thisJtResolution because the person who has presented his credentials in the bed at the other end of the Capitol has been loya; and that that fact is to control and dispose of the question in this Honse. Now, sir, it does seem to me that there is a fallac involved in that idea which a very slight ana ysis will enable us to detect. bir, if there is an thing that has been conceded by everybody all through this controversy upon the subject of reconstruction, it is that while the 2 Houses of Congress, as the political branch of the Government of the U.S., may and mustjudge of the existence of the constituenc to be represented, and of the status of the States and must decide when there is a constituency that can elect a Representative at all, and when there is a State that sustains proper constitutional relations to the Federal governmcut; while it is conceded that there are matters that belong to Congress as the political part of the Government, every body has conceded all through this controversy "that all questions of the election, returns, an qualifications of its members belon solely and alone to each separate branch of congress by itself; and therefore this House can judge to no extent and in no degree of any question connected with the qualification of Judge Patter son to take a seat in the American Senate. Hence it is that what has been said so can didly and fairly by my friendfrom Tennessee [Mr. Marxann] has not reached the real question in this case. It is nota question of loyalty or want ofloyalty on the part of Judge Patter son. It is not a question as to whether he took or did not take a certain oath. Sir, the question which is presented to the American HoRep with start ling em hasis, and under starth ng circumstances, is whether we shall let down the law to suit a case that is presented; not a case in fact, but a case in law. It is whether we shall so change the law as that a man may take a seat in the American Congress although he cannot swear that he has not held olIice under the rebel government. Sir, disguise it as you ma, change terms as you may, talk as you will, here to night you have already gots nare up to the question whether the House of {cp present aiives shall so let down the law as that even JeffersonDavis can take a seat in the American Senate. Sir, that is the question; you cannot evade it, you cannot avoi it. The Senate has sent usa proposition asking us to say that a law of the land shall be so changed by a JtResolution of Congress that a man may be permitted to come into the Senate or into the HoRep who is unable to swear that he as not held olficc under the rebel government. That is the question which you are called upon new to decide. The question of the loyalty or the disloyalty of the gentlemaii from Tennessee (Mr. Patterson) as nothing at all to do with it. Pause, my fellow members of the HoRep, I entreatyou, pause here upon the terrible brink at which you have arrived, and over which you look to nicht. Take this step, and there is no retreat. lTake this step, adept this JtResolution, and you will have indicated your willingness to permit the man who has furnished the brains for the rebellion, who has held an office, high or low, under the rebel government to come here and assume the responsibility of an American legislator. And you are asked to do this when scarcelya moon THE OONGRES Stomp eLonn. has waned since you passed,so far as the American Congress he to do with it, a revision so amending the Constitution of the U.S. as that no man who has held any office under the rebel government shallever be cometent, except by a 2/3rd vote of both ousos of Congress, to take a position of the kind to which we are invited to admit judge Patterson to night. My fellow members of the HoRep, we are asked to turn squarely around upon that for which we have congratulated ourselves, upon that for which the country has congratulated us; that is, the having taken a step right, mighty, and sublime in the endeavor to hold and retain the Government in the hands and control of loyal men. It is for these reasons that I could not, nay I would no t, until my dying day, vote for a ioint resolution that proposes now so to let wn the law as that those whose hands are yet red and driping with the blood of loyal men, and who urnished to this might and godless rebellion its brains, who heldits 0 cos, shall be permitted under a JtResolution of the Congress of the U.S. to step into the high places of power under the American Government which they tried but fhiled to destroy.