Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-02-22


islatnrs Of New Hampshire or the Gosernor
4 OF New Hampshire would select a horse-
thietto represent them here. Tit should
taru out that they did So without knowing
ifthat the individual was horse.thief, 1t IS
one OF those unfortunate circumstances
which think the State of New Hampshire,
having acted nnadYisedly, would have to
submit to.
A Senator holdat his seat from his State.
This is the body that represents the States,
and TO the State. and the State alone, is
Hoor.
Now, sir, put this case to the Senator
from New Hampshire 1t has been the
habit of the majority in my State, those
who Tor years past have had control of the.
power Of that State, and who had control
IN this body, to maintain that the senti-
ments held, will not say By the Senator,
Ehnt BY thoseWho do represent States upon
ttiis hoor, are disloyal, traitorons, and
calculated to destroy the Government.
suppose they had claimed this power of a
majority TO exclude from seat on this
hoor those who in the Judgment of that
majority were dislOyal; ask would the
Senator from Massachusetts Mr. Sumner1
and other Senators have retained their.
seats here3 Il has been maintained as
ardently that opinions entertained in GER
tain portions of this Onion are disloyal,
and are calculated 70 destroy the GoYern-
ment, as it is maintained by those who diff
ter now as othe means that are be used
4 to restore the GoVernment.
Mr.. CLARK. The Senator, if he will al
low me, states different case. hold it
to be very different thing to bold opini-
ons which may lead to the disruption of
the Government from what 1t is to be a
traitor to the Government, and;say that I
i do not owe any allegiance to it.
Mr.. CARLlLE. He who denies his al.
j legiance to the Government may be, and
is, unfit to participate in the deliberations
of that Government; but ] have looked
over this report, and do not understand
that to be the case here. see that the
athdayits accompanying this report pur-
port to give conversations and expressions
that have been uttered in the presence of
the atlantis by Mr.. Stark but am unable
to see that any one, oven in these Affida-
Wits, has asserted that Mr.. Stark ever de-
MED bis allegiance to this Government.
Mr.. CLARK. beg that the Senator will
not consider my remark as applying to the
4 gentleman from Oregon. made it as a
i general remark.
Mr. CARLIIE. Well, sir. as a general re-
mark the difficulty still recurs. is it to be
presumed that one denying his allegiance
to the Government would be appointed by
Statsto- n seat in this body? We can
select cases whiChit is almost Impossible
at the time to imagine there is remedy
provided for; but then the question comes
osck, tho Constitution having prescribed
tho qualifications; the Constitution having
limited the power of appointment; the
Constitution having said that no one who
has not been an inhabitant of the United
State for nine years; no one who is not a
citizen of the State; no one who has not
attained tho age of thirty years, shall be
eligible to seat in this body, is not every
thing else touching the fitness or the quail
lucation of the individual left to the an
pointing power? 1t is not in any particu-
lar or given cQse thatI fear the precedent
that may be established in our action in
this particular casei but it does seem to me
that there should be some limit to the
power OF majority over the action of the
states of this Union in the selection of
their representation here. As before re-
marked, it Is a question of the greatest
character. can imagine of none involv-
ilpg more serious consequences that could
4 bepresented to this BODY. lila precedent
shall be established that majority can go
outside of the Constitunon aud seek for
qualifications other than those named in
power of q majority of this body forever
to perpetunte itself here, aud to exclude a
minority of States from repreSen tatiOn uD-
on this floor?
I. In the case put by the Senator from Hi.
nois, suppose the State of Mississippi should
return 70 her loyalty Tomorrow, as 1 trust
she wilt before manymouths be compelled.
to DO suppose, if we can suppose such
case, that one who has been engaged in.
this rebellion should DE selected by the
Legislature Ofthat State to represent her
10 the Senate ofthe United States; would
It not be fNirGr to presume that that Leg
islature, thus loyal, as it would have to be.
bad deliberately waived all the former con-
duct OF the Senator appointed aud had felt
that they could trust TO his loyalty, and to
nlm her interests and the interests of our
common country II VIC establish the
precedent which we may establish in our
determination upon this question, might
not the power be given to ten, fifteen, or
twenty personal and political enemies To
exclude from this body the most loyal man
man within the StRte2 Sir, have been
charged in my own town by gentlemen of
Veraeity, so far as anything that Icould say
would go. with being not only untrue to
my section, but the vilest abolitionist in
the land. 1t has been published in the
newspapers of the day and goue abroad
and have no doubt to-day that bpndre5s
of atfidavits could be brought here testifys
ing not alone to what they call my BLACK
rePublicanism, but my ultra abolitionism
and If it should have been my fortune to
receive an appointment from the Governor
OF my State MS a Senatorhere, two or three
years ago, when those who conquered IN
opinion with these opponents of mine were
IN power might with the same propriety
nave been excluded upon such afiiayits
But, sir, grant you that we are now in
vowed In difficulties neyer anticipated by
tue 2. Trainers OF tho Constitution. l do not
believe that the idea OF such a rebeIIion
ever entered into the minds of the fonn-
deFs OF our Government; and 1 think nv
SELF that, considering the temper of Nh a
-ltttmes and the strne.rla ,-.,.l,t,t, -