Mr. MAYNARD. Mr. Speaker, a friend has just asked me, privately, the question whether, if I did not live in Tennessee, I would be in favor of this JtResolution. Not having had time to make a rely privately, I will state here, publicly, if I a d not lived in Tennessee it would have been impossible for me so to have understood the facts and the general merits of the case as to have seen it in the same light and with the same clearness of vision that I seem to myself to see it now. The transactions of the last few years in many portions of our country, and particular] in that portion where these occurrences too place have been such that they could be appreciated only by being, made matter of personal consciousness. ery early in the struggle it was ascertained that a very large proportion, more probably. than 3/4ths of the people 0 that portion of Tennessee known as iast Tennessee, embracing 31 counties, with a white poulation of 270,000 and a black population, free and slave, of 30,000, making a total population of 300,000, were determined adherents to the Government of the U.S. That fact was ascertained by the ballot box and in various ways which will not now take time to explain. The earnest struggle on the part of the secessionists, as they were calle at that time, was by force or by fraud to get hold of the machinery of the Government. By having the means of enacting the usual forms of law and the ordinary agencies forgiving them practical effect, they would thereby gain a great moral advantage among a population that had long been accustome to reverence and respect the laws of the land. Of course the Union people were equally determined to prevent their ct ting the control of the offices. They could do it only by force or by fraud. Several of the important offices were filled.by rebels. We ha 4 judicial circuits, w1th 4 circuit judges. he circuit court in our State bein the court of general jurisdiction, civil and criminal. 2 of these circuit judges were rebels and 2 of them were Union men. Of the latter Judge Patterson was one. He had been on the bench ever since 1854 stood high in the confidence of the people an of the profession. His term of 0 cc exnet! in l 62. The rebel military power was then in possession of the county. War had been goin on something like 12 months, long enoug to demonstrate to the Union peoplethe advant age of having the offices hlle by their own men, and especially offices so important as that of judge. In due course of events the election came round, and at the instance of Union men Judge Patterson became a candidate and was re'e'lectedto the office. The circumstances of his election have been detailed very full and at length in the report just read. I left “ast Tennessee on the 1st 0 August, 1861, having been elected to the 37th Congress. Ilcft Judge Patterson there as a well known and universally recognized loyal Union man. From his high oliicial position as well as his personal character and his family relations he had necessarily a wide and commanding influence. I returned to East Tennessee in October, 1863, shortly after our troops had taken possession under the command of GenlBurnside. I found him there a determined loyal man, and he remained such until the downfall of the rebellion. What occurred in the interval of my absence I cannot speak of from personal knowledge, buthis acts were of public notoriet, and as such I can confirm in general terms whatis stated in the Senate committee’s report. He comes to the Senate upon this state of facts. The JtResolution now before us for action proposes to relieve him from a certain provision of what is called the test oath, or more re crly the official oath enacted in 1882 for he cral oliicers, which requires that the officer shall swear, “I have neither sought nor accepted nor attempted to exercise the functions of any olIicc whatever under any authority, or pretendedauthority, in hostility to the U.S.” If I may be pardoned for violatin a wcll known rule of this body, which forbids a reference to what passes in the other wing of the Capitol, I will respectfully suggest thatthe facts stated in that report do not prevent the applicant from taking the oath with a clear conscience. The action of the Senate, however, in order to relieve him from any imputation that might possibly be thrown out by givin a different construction to the oath, has resulted in the JtResolution before us. It will be observed that it is not predicated upon the fact that Judge Patterson, when on tering upon his 2nd judicial term, took an oath to support the southern confederacy. If there was anythinc in that to embarrass him, he is not relievedb this JtResolution. All that it iroposes to o is to relieve him from the disquallifications occasioned by his holdin the office of judgc. The construction thatI have always given to this part of the oath and I have had occasion to discuss it in various places, at various times is this: not that an olficc was held, but that it was held “in hostility to the U.S., ” constitutes the disqualification.