The Washington union., 1858-02-26
and asked if an applicant for seat senator before

exceedingly proper and was required by law that
oath should be taken yet that ceremony constituted no
mart of his senatorial powers Ii he should act without
taking the oath would not his acts be valid Ii judge
goes upon the bench without swearing under his comms
son then in the performance of his judicial functions
sentences criminal to death, is not that action valid
Was the senator from Virginia senator before he
took the oath and If not could the administration of
the oath make him senator Certainly not II SEN
here with his credentials in his hand and the
Senate refuses to administer the oath of office to him. that
fragrant breach of privilege. He went ON To argue
that this not question and declared that he
considered General Shiedss right to seat s good as his
own.
Mr. JOHNSON, of Arkansas hoped the senator from
Kentucky would withdraw his proposition for II was eyi
dent that ii must consume good deal OF time, and 1t
very important that the army bill should be disposed
of
Mr. HUNTER proposed that the matter should be
erred the Committee the Judiciary for considers
Mr. JOHNSON, of Arkansas, felt bound 10 to lay
the whole subject on the table.
The motion not agreed to--yeas 22, nays 26-as
follows:
YEAS Messrs Allen Bggs Bright Brown Clay Evans Green,
Hammond Hunter Iysrson Johnson Arkansas Johnson Of Tennes
son of New Jersey, Toombs, wnght-22
Mesrs Bell Benjamin, Boderiek Chandler, Clark Cola
Foot Foster Gwn Hale Harlan, Houston King, Pugh, Seward
simmons, Sumner, Trumbul, and Wilson-2o
Mr. SEWARD thought this clearly question of prvi-
lege and urged the proprety of having it considered
now
Mr.. STUART took similar view OF the matter, and
remarked that deciding this to be question of privilege
by no means expressing the opinion that the claim
to seat we'll founded That was question Tor at
tor consideration He had declined to vote ON the
ton lay the subject the table because he did not
think the question whether particular subject was
question of privilege not could be laid on the table ut
all
Mr.. TOOMBS took the ground that the whole matter
in dispute depended upon the to the single ques
tion is Minnesota State in this Union OF not Ii she
out How should that question be decided The Com
mittee the Judiciary the most proper tribunal,
and he therefore submitted the following resolution;
Resolved question james Shields to
the COMMITTEES the Judiciary with Instructions to inquire whether
Minnesota State the Union under the constitution and
laws.
Mr. SIMMONS thought that Minnesota nearer
State in the Union than Rhode Island from 1887 to
l79 before she accepted the constitution for then they
out OF the jurisdiction of the United States and no
law could be enforced upon them But certainly
Minnesota within the jurisdiction of the United
States.
The question being TAKEN the resolution of Mr. TooMBs
agreed to-
ARMY
The Senate resumed the consideration of the bill TO in
the military establishment of the United States
The question pending the substitute of Mr. JOIN
SON. of Tennessee TO the effect that the President for the
purpose of enforcing the laws OF the United States and of
protecting the routes Of emigration in the Territory of
Utah. and to be employed only ia said Territory shall be
authorized to call for and accept the Of any
Der of volunteers, not exceeding in all four thousand
officers and men, who may offer their services to
during the time Of the existing troubles, &C.
Mr.. SIMMONS moved to strike out four thousand,
and insert " three Thousand " which was agreed to-
Mr. PUGH moved to amend the first section by striking
out the words in the Territory OF Utah, and to be
poyed only in said Territory, and inserting in lieu
thereof 'to the Pacific coast that it would read,
and of protecting the routes Of emigration to the Pacific
coast &c. The motion not agreed to-
Mr. then nnov 10 add to he three of
infantry regiment of mounted rangers cavalry
which was not agreed to
The bill then discussed at great length by Messrs
BELL, JOHNSON of Arkansas. FITCH HOUSTON, BRO
Derrick, BROWN, and others, when the question being
taken the adoption of the substitute amended it
not agreed to yeas %, nays 26 ms follows
YEAS ,sssrs Bell Iroisrek Cameron Chandler Clark Dixon
Harlan Houston, Johnson Tennessee King Seward Simmons
Clay Citenden Evans Fitch Green, Hammond Hunter Iyerson
johnson Arkansas Mallory Mason Pcarc Folk, pugh sebas
tan sdel Stuart Thomson Of New Jersey Wright and Yuees
Mr. HUNTER then offered substitute for the original
bl providing for raising regiment of dragons and
two regiments of infantry.
Mr.. PUGH moved to amend the amendment by striking
out all after the word That, and inserting the follow
ing substitute
The President hereby authorized call for and
vices Of any number Of not exceeding in all three thousand
70 serve for two years unless discharged after they shall
service OF the United States and hat the Of dollars be
and hereby appropriated money
otherwise the
visions Of this act into effect
And Hftuther volunteers
service equipped expense
the Emitted States aud until discharged hercom be subject to the
articles of shall be organized manner
shall receive the and allowances officers and soldiers
Of the like grade in the the United States
g. And De further enacted That the volunteers Offering
their shall be accepted by the President companies bat
prescribed by law
The captains entenants
aud the President the appointment of
officers shall appoon them the States whence companies
accepted
"SEc And further enacted volunteers may
into the Of the United states by
and who shall be wounded otherwise disabled the service shall
all the benefits which persons
wounded disabled in the service of the United States"
The question being taken, the motion agreed to-
yeas 27, nays 25-as follows
YEAsMesrs Bell BroAeck Chandler Clark Crtten.
Dixon Dooic, Douglas Durkee,
Gwn Hne mn Harlan ouston johnson of Tennessee King,
Pugh seward, simmons sumner Ioombs Trumbul and Wion27
NAYSNessrs. Allen, ayard Benjamin, mggs Bgler Brown
Clay Evans Fitch Green Hammond Hunter orson
kansas, Mallory Mason Pearce Polk, Sebastian se Stuart
Thompson Of kntucky Thomson Of New Jersey, Wright
lees.
The question recurring the passage of the bill in
tho above FORM it rejected-yeas l6, nays 35--as
follows:
YEAs-Mossrs Bell Bggs, Broderc Cameron Cttenden Doug
las Green Gyn Houston johnson Tennessee Mairy Pug
seward, Stuart, Thompson kentucky, Toomls--I6
NAYSMessrs Alien, Bayard Bcnamin Bglor, Brown Cbaud
er Clark Cay Dixon Doote Durkce Evans Tessenden Fitch
Johnson Arkansas King Pearce Polk sebasan Simmons sde
Thomson New Jersey Trumbu Wilson Wright and Yu
lce-35.
Mr. HALE moved to reconsider the vote the passage
of the bill and, motion by Mr. TUOMBS, that mo-
ton laid on the table.
After few remarks by Mcssrs BELL and JOHNSON,
of Tennessee by way of further explanation of the discus
sions between them during the past tfo days the Senate