Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-02-22
Can a Traitor be a Senator.

mr.
1 the United states. between 1890, " %
CaTllle, Clark, TrSmbuii, D avis Nd
Others. = 1--s@
On Tuesday last, the case of Beniamia
Stark, appointed Senator from Oregon
! by the Governor of that State, came M for
consideration. Among those who argued
for the right of Mr.. Stark to take his seat.
were Messrs. Harris, of New York, Chair.
man of the Judiciary Committee; Garlic,
of this State; MDougall. of California.
Among those who insisted against his right,
were Garrett Davis, of Kentucky, Trum-
bull, Of Illinois: Clark, of New Hampshire.
1t is proper that it should be stated
that the question turned upon the right of
man to take his seat simply upon Inc
certificate of tue power that appointed
him, without regard to any other qualta-
cations than those prescribed by the Con
stitutiOn of the United States. 1t was
maintained on the one hand, that the Sen.
ate could not go behind the certificate, to
see what manner of man was accredited to
their midst, farther than to satisfy them
selves that he was of the right age; that he
had been long enough citizen of the Uni
ted States, and was an inha6itant of the
State from which he WAS chosen. On the
other hand, it was insisted that man of in
famous character-such as a Felon, trni-
tor, &c.-could be admitted under such an
Interpretation. Mr.. Carlils's position, 10
which reference is made on our first page
to-day, is defined by himself, as follows:
| Mr.. President, the question before the
Senate Is one, to my mind, OF more impor.
lance than any other question that can
now Imagine could be presented to it for
its consideration. II involves not only the
power OF the Senate to exclude from seat
| upon this floor a member for disloyalty,
but for any other cause that, in the iudR-
ment of majority of the Senate, is sufEi-
Gent to deprive State of its representa-
ton upon this floor. It is TO that power
of the Senate to which wonld respect.
fully call the attention of gentlemen who
are to take part in this discussion have
no opinion as to tho vote that Ishall even
tuully give but it docs strike me that it
would be fearfal power to inlrust to a
majority Of this body-the right to exclude
from representation upon this floor the
States of this Union. On the other hand,
it seems clear that the Senate ought TO
possess the power to exclude one who
comes and seeks admission with treason
in his heart.
Butthe Senator from Illinois SAYS, in
reply To the remark made by the Senator
from New York, that the Senate is to be
presumed to exercise this power of ex-
clusion properly; that tho Senate will not
from caprictous motive, or political mo-
tive II you please, difference of political
opinion, exclude one, who comes here
regularly appointed, from a seat upon this
floor. May it not be presumed that the
power under the Constitution 20 appoint or
to elect to seat upon this floor will not
appoint or elect one who is unworthy TO
occupy IN When the Constitution left to
the Governor, in the case of a vacancy,
the power to appoint, and when it provi-
ded that the Legislature should elect 10
this body Senators to represent the State,
tslt not as fair TO presume the appointing
or the electiug power would be MS careful
to exclude ftom the Senate one who is un-
WORTHY to represent the State aud to min
gle in the deliberations of the body, ms it
Is that the body itself would not fmproD-
erly exercise this power of excluding d
member3
In the case 5efore the Senate. the evil
dence touching the disloyalty OF the per.
son seeking admission Is ez parie entirely,
Il - not what the law calls evidence. Il
IS mere atidaVits of parties asserted by the
person seeking admission to be hostile TO
him politically and personally. Mr.. Stark.
In his letter addressed to the committee
which accompanies the report, uses this
language:
ut y due to myself, however, that should state
that have examined all the papers referre to M
the COMMITTEES, and that flnd them, without sios
UXeeptIOnI to ehiannte from my bittercst nIitilaI
opponents While cannot undertake to recall ali
tha may have said In private conversations during
the past twelve months OF earnest and often heated
discussions Of public affairs, do most soemniy de-
clare that In forum competent to try and dsfeFn
Inc the issue, am able to prove The nIlpgstionv
against my loyalty to be utterly unoundei ihat In
RssAiIRnts are false; that In othens mn iSn%I,,s I
been perverted and wrested from It's true intent.
and that In every respect the papers referred to are
ounded upon opinion alike unjust 10 nv tine IN,
tlmsnts and diseredItabe to the candor Of my &c
Now, is it not incumbent land nut 1t
In the shape Of an inquiry upon tho Sen
ate TO suppose that in the State from
whence tie Senator comes, where he has
resided and TO which heis Indebted for
his appointment, his fitness in this partic.
ular, his loyalty, if you please, is better
understood than 1t caa possibly be here !?
Is not the State Legislature that elects, or
the Governor of the State that appoints.
the proper judge Of the qualifications out
side Of the qualifications named in the
constitutional OF one thing, sir, have
no doubt: the power TO expel a member
given to two-thirds of the Senate, is linn.
tied to conduct after he becomes a Seno-
tori and il the Senator from Oregon il
admitted to his seat, we canuot, for anv
charges that may have existed prior to his
appointment as a Senator, exclude him
from this body. go.
Ma. TRUMDULL. Will the Senator allow
me to ask him question right there7
Ma. 0ARLILR. Certainly.
MR. TRuMBuLt. Then, If atraitor in arms
against the Government, Floyd, ofYir-
GINA, for instance, were appoinIed-not
from Virginia, because the Senator repre-
sents the State, but allowing there was a