sent his commission, with peremptory orders that he should immediately
take the oath to support the Southern Confederacy. Judge Patterson
delayed and hesitated, and consulted other Union men as to the proper
course to be pursued. They advised and urged him to take the oath. By
so doing he could afford protection, to some extent, to Union men,
against acts of lawless violence on the part of rebels. He was advised
that, if he did not accept the office, it would be filled by a rebel,
and the people would be oppressed by the civil as well as the military
power of the rebels. He yielded to these arguments and this advice,
and took the oath prescribed by the Legislature, which in substance
was that he would support the Constitution of Tennessee and the
Constitution of the Confederate States. He declared at the time that
he owed no allegiance to the Confederate Government, and did not
consider that part of the oath as binding him at all.

Judge Patterson held a few terms of court in counties when he could
organize grand juries of Union men, and did something toward
preserving peace and order in the community. He aided the Union people
and the Union cause in every possible way, and thus became amenable to
the hostility of the secessionists, who subjected him to great
difficulty and danger. He was several times arrested, and held for
some time in custody. At times he was obliged to conceal himself for
safety. He spent many nights in out-buildings and in the woods to
avoid the vengeance of the rebels.

In September, 1863, the United States forces under General Burnside
having taken possession of Knoxville, Mr. Patterson succeeded, with
his family, in making his escape to Knoxville, and did not return to
his home until after the close of the rebellion.

The Committee on the Judiciary having taken into consideration the
above and other palliating circumstances, proposed a resolution that
Mr. Patterson "is duly qualified and entitled to hold a seat in the
Senate." On motion of Mr. Clark this resolution was amended to read,
"that, upon taking the oaths required by the Constitution and the
laws, he be admitted to a seat in the Senate."

It was, however, thought better by the Senate to pass a joint
resolution that in the case of Mr. Patterson there should be omitted
from the test oath the following words: "That I have neither sought,
nor accepted, nor attempted to exercise the functions of any office
whatever under any authority, o