New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-03-04

During the recent debate III the Senate upon
the admission Of Mr.. Stark to seat, Mr. DAVIS
of Kentucky asked: What is dsloyalty that
- ia the question" Well, We quite agree with
the Senator from Kentucky; it IS the question,
aud in these days OF verbal confusion, quite I'M
portant one. Literally loyalty means fidelity to
law: yet everybody knows, from innumerabie
modern instances, that dsafected man may
manage to escape the United States Marshal, and
yet be- utterly disqualified by has opinions for
place of trust like seat in the Senate That
body must act upon it, best Judgment; but judi
cal proof of dsloyalty is not only what II does moi
require, but what, in the nature OF the case, 1t
cannot obtain. The Senate, except in cases Of
impeachment, does not possess Judicial powers,
aud it can punish only for contempt OF its
constitutional authority. The Senate, therefore.
does not and cannot try di,loyal gentlemen who
apply for seats; but it possesses. under the su'
preme law of the land, the power Of seating
and unssatng, certainly not without cause,
when the moral obligations Of honorable SeDa-
tors are regarded, but with no power above IT
It's decision. 1t must act upon opinion, and
should act upon opinion honestly formed; but
for such action 1t is responsible to nobody, eh-
cept indirectly to the Commonwealth which
are its constituents. Ii acts upon It's honor,
aud even in cases of impeachment 1t cnn only
remove the delinquent from Office ana dIsqinl-
ify him for holding any place OF honor, trust
I ~. An, him. n. tha fntir -
of Law for " Indictment, trial. judgment and
" punishment" Constitution 81 Tie UaHcd
States, Art. l. sect. 3. Ciouse a. But quite
separate from this power, having, IN fact, moth
ing to do with if, is the authority Of each
&" House to be The Judge Of the elections, re-
turns aud qualifications Of its own members
This power granted by the Constitution, il
simple and unlimited. Thus IA the Senate
might expel a member. ST. it might refuse To
admit member, on the ground Of his great
and notorious immortality; just as the House
of Commons expelled n member during
the Inst century. for gambling in South
Sen stock, although he had never been tried or
even indicted for any misdemeanor. II this
lntrusted to any legislative body, we can here
only say that the trainers Of the Constitution
did not think so, and that il would he easy to
defend such a fundamental provision success
July. This, however is not our business; and
We return to the question: "What is Loyalty"
The proper answer, OF " Fidelity TO Law,
must, of course be- taken in no narrow aud
pettifoggiDg sense; for such a sense, in deter
mining the qualification of member, would
be perfectly useless to the Senate; since, if it
were restricted By any such definition, all
manner Of unclean creatures, unclean 10 spirit
and intention, might perch themselves upon the
benches, and pollute tho chamber. Ii would be-
impossible to indct aud much more 70 to con-
vct n man in court of law, Of iroason, for
simply saying that the SlaychOldiDg Rebels
were quite in the right; but it would be per-
fectly proper for the Senate to expel n man
for saying 80, or for uttering any other gross
! ndecency. No one could be convicted of
treason for saying that if he we're in Georgia
he would act as the disoyal Georgians have
done; but Senator might be very justly
unseated for making the same remark. And
the distinction, which We think must be clear
to all, applies equally to the admission Of new
members Otherwise. it seems to us, the
Constitutional provision referred to would, III
many cases of Importance, be utterly impotent
The power which the Constitution bestows has
been 20 seldom exerted, that its true nature
does not appear to be generally understood,
even in the Senate ITSELF
But let us take a more general view.
What is Loyalty 2" asks Mr. Senator Davis.
We will tell him what it is not. IL ia not
cautious fault finding with q Government op.