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

offended OF shocked BY the action of this
body In admitting TO seat ON this floor
one OF dtsloyal sentiments, and because
would preserve all the rights of the Con.
stitutton that are conferred upon tile an.
pointing power, the State Legislatures,
aud the Governors, and would not violate.
eltner IN leteeror spirit, what the Constr
luton contemplates, that have ventured
% gave expression to the thoughts that
have passed through my mind since this
question was brought before the Senate
Ana: slr, as It IS proposed that this case
shall oe rscommttted to the Judiciary Com
.mittee, l thlnkft is one of such importanoe
as % warrant the Senate, If it does recon-
init It at all In recommitting it to a select
committee. Let it be, il necessary, alsrger
COMMITTEES thansthe Judiciary Oommittee
or 1t Is Thought best, select members Of
the judiciary Committee and put them
upon select committee. With view ia
that, had drawn this resolution, which
propose, If in order, to offer by way OF
amendment to the resolution of the Senator
from New Hampshire
Re5OIred, That the question Of the right OF Is.nio
min Stark to seat In the Senate, a. 4 Senator f5u
the State OF Oregon, be referred to select commit
the Senate to refuse TO allow one possessing tie ouR
theatons prescribed by the Constitution; and dnly
appointed Senator by competent State authority
20 take the oath to support the Constitution
by that Instrument 10 be taken by a Senator previ
Gus 70 his taking his seat and entering upon the ais
ehAtge Of his duties a. Senator.
do this for tie purpose of relieving thu
Judiciary Committee from again going over
this case. can sympathfEe with thai
committee in the recent action of this
body non-concurring with It in its recon-
mendations upon similar subjects. This
viii relieve them, nd,relieye the Senate
probably, from prolonged discussion,
twill, perhaps, be more satisfactory TO the
country to have a committee, selected by
the presiding officer of this body, taken in
dlscrtminately from il with view to the
Investigation of this particular subject.
II ever there has been subject demand-
ing the appointment of select committed,
demanding thorough investigation at the
hands of the Senate, the subject now nm
der reconsideration is of that character, and
l would suggest
The PREsIDlNo OpFIoER, (Mr. Anthony
inzthe chair.l The resolution ofthe SEN
ator from Virginia cannot be entertained
until the resolution now before the SEN
ateis disposed of. "A motion to refer to a
standing committee makes precedence OF
a motion to refer to select committee.
Mr.. CARLILE. do not design to press
It; but thought possibly the same view Of
the importance of this question was taken
by other Senators that have taken oft
POSITION OF SENATOR DAVIS IN ANSWER To
Nh. cAR1iLE
The position of Carrot Davis, of Ken.
taeky, in opposition to this view, was as
follows:
Mr.. DAVIS. Alr. President, some two OIL
three weeks ago there was a motion made
that the gentleman from Oregon qualify
as a member of this House, by taking the
cath prescribed by the Constitution,
That motion was resisted and objected Ia
by tie Senator from Maine, TMr. FEssRS-
DEN, upon the ground that the gentleman
who it was proposed should qualify as a
member of the Senate, was not loyal to the
Government and to the Constitution. The
matter WAS referred to the Committee on
the Judiciaryi aud the learned Senator
from New York makes report, and recon.
mendS that the gentlemen from Oregon
De permitted to take the onth and his seat
MS member of this body. That presents
the case IN this aspect: here is suit or
motion entered here is plea ia bar TO
SAtAs aAat auu uGLS 10 u uELuutEeF- 10 Ina
plea, filed by the Senator from New York !;
aud his demurrer assumes the ground and
goes upon the principle that the facts of
the plea, though true, are no sufficient
objection to the qualification of the gem
tleman from Oregon.
What says the honorable Senator fOTl
New York He reads the clause in the
Constitution which prescribes three quail
fcations for members Of the Senate One
is, that he shall DO thirty years of age; tue
second, that lie shall have been nine years
citizen of the United States and the
third, that he shall be an inhabitant of the
State from which he claims to be Sena-
ator. The Senator from New York as
sumes that, whenever there is proper and
regular return of II gentleman as q Sem
ator from any State; and lie comes up with
these three qualifications, it is theinIpera-
tive duty of the Senate ut once to admit
him to take the oath and his seat upon the
hoor Of the Senate. object entirely to
tue proposition of the learned Senator from
New York. concede that the Ooustitu-
ton explicitly declares these three qualifi-
catlonsi but deny that when man ap-
pears here with legal and regular return
of his election by State Legislature. or of
his appointment by tho Governor of n
State, as a Senator in Congress, and he nm.
pears to be thirty years Of age. and nine
years citizen of the United States, and
also inhabitant ofthe State that he pro-
poses to represent, it is the imperative and
oonnden duty of the Senate. in all cases,
to permit him to qualify as a member OF
the body.
In addition to these positive quali6ca-
lions, there are certain matters of tiisqual-
iiieation. | will mention few Of Thorn.
suppose any gentleman who appeared here
Claiming to be a Senator udon this floor.
and asking 70 be sworn, was an hnnatu-
raltzed foreigner; suppose he was an alien
enemy; would that fact not authorize the
senate 70 deny to him the right which he
asked to qualify as a member Of tie bodyf
Would not the Senate have tho right 10
avail Itself OF that state of fact for its own
protection, and for the protection of the
Government Of the countFy2
Mt. CLARK. II the Senator will allow me.