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

here and ask to be admitted as Senator
upon this floor, who had been tried for
treason, tor adherence to the Southern
EGontedetacy take the case put by the
honorable Senator from Illinois; suppose
that Jet Davis, or any other rebel that is
now In the Confederate army, or acting a
part In the Confederate Government, had
been arranged by indictment, and tried
and convicted of treason; according TO
the position OF the argument Of the gem
ueman from New York, whenever an .tndi-
Yld1al even enTironed by that state of fact,
presented himself here with. a regular and
legal return of his election or his appoint-
] Enent as a Senator from State it would
oe tue imperative duty of the Senate TO
admit him without regard to the fact of
his having committed that crime, aud Of
his having been convicted of it, and of a
Judgment which would have sentenced
him to Infamous punishment, being in full
force against hIm. Without any regard to
all these facts, it would be the imperative
duty OF the Senate to permit him 20 swear
and take his seatSs a5member of the Sem
ate, according to9the view, of the Senator
from New York.
do not concede that propositiontosb be
true at all. Ny opinion is, that in ddition
to these three expressly enumerated qual-
ihcations of a Senator by the Constitutions,
there may aud there will in many cases
arise certain Disqualification that fully
justify and authorize the Senate in exclu-
ding man against whom they exist from
taseat in the Senate.
1 The gentleman from Virginia says that
/ ts q grave question. Itcrertainly is. He
says that itinyotvss no less conclusion
than this: shall a State be deprived of its
representation, or half of its,representa-
non, IN the Senate? do not think it in
wolves any such consequence. 1t merely
involves this consequences: that n Govern
OF or State Legislature, ia sending mem.
bers to the Senate, must send men who are
true to the Constitution and to the Gov
eEnmenti and If they send. traitors, or men
who are disloysl and false to- the Consti-
tuition and to their oath to support the
Constitution, the Senate have the power,
to exclude them from taking seats in the
body. -
Ma. CARLILH. Will the Senator from
Kentucky allow me to ask him aquestion?
Ma. DAVIS. Certainly.
Mr. CARLHE. am n search of infor-
nation. Who is to determine the cues
ton OF loyalty2 Shall it be the Legisla-
ture, the appointing power, recognized it
self as loyal-because there can be no
Legislature that the Federal Government
/ does not recognizr-or shall it be a ma
jority of the Senator's here
Mr. DAVIS. That is question which
comes before both bodies for their iudp-
ment and decision. The Legislature, ia
making the election. decide it necessarily,
either directly or implicitly. The Senate
also may make the Judgment, and, in my
opinion, are required to pass in judgment
/ inf
the argument of the Senator from Massa-
chHsetts on the question of loyalty, aud his
position thatitwas an additional oualifica-
ton for member of the Senate, that a
man appeared here and asked to be ouali-
he'd as Senator, from the terms of the
oath which was imposed on him, necessa-
rily had to come up to condition of being
n n. loyal and true man to the Government.
Why should it not DO so2 Is not that a
most Important condition?
Mr.. CARLILE. Will the Senator allow
points
Mr. DAVIS. Yes sir.
Mr. CARLYLE. understand the Senator
to say that the question of loyalty is
questtonfor the consideration of both
the appointing power and the Senate
Now, suppose the Senate shall refnse
to admit the gentleman from Oreron
to a seat here, and he returns to his State
the State Legislature assemblies and elects
MN TO this body after the determination of
nate excluding him: would it be
competent for the Senale then, In tue opin.
ION OF the Senator, to exclude him?
Mr.. DAVIS. Ifit deems proper, certainly.
AIR, CLARK. Allow me to suggest that. If
loyalty be qualification, the Constitution
makes the Senate itself the sole Judge, for
1t has the exclusive power to Judge the
qualifications of its own members.
Mr. DAVIS. Mr.. President, have only
word to add to what have already said.
we are not passing now the fact whetb.
erthe gentleman from Oregon is loyal or
not. By the issue, as rendered blythe Ju.
dietary Committee, the fact is not nut in
controversy. The allegation is taken for
true, as It Is in an ordinary demurrer In
court OF Justice. You take the facts al
Leged m the plea to be true, broadly, fully.
aud sufficiently true, and the question is
upon the facts thus broadly and sn ficientI,,,
true, IS the law for or against the appli-
cantf lfitiS no matter which the Senate
may pass upon when gentleman applies
10 oe admitted as member of tue Senate
whether he be true man or a traitor
Wnether he be loyal to the United States
Government, or false and treaoherous 10 the
U. 3. Government, the demurrer will have
70 70 DC sustained in favor Of the Senator
rom New York; but if that is matter Of
distance into which the Senate NAV and
ought to inquire wien gentlemaniasks to
De admitted to seat upon this floor. It
seems to me in the present state of the
case-that allegation of fact being taken to |
De true, and updeniably true-it is my du-
y, as Senator, it is the duty the Senate |
70 deny him the right to take the oath a. n |
member of this body. Icauuot conceive
o. gtaVer OF more sufficient Oauseifor en-.
claai9g gentleman, who asks to be adj
nltted as member on this floor. than |
treason. That is the cause alleged against |
the gentleman from Oregon. As the Sem
ate IS now ealledtupon to decide the oues-
ton, that cause is to he taItenzt' H., 80