The national Republican., 1862-02-19
THIRTY SEVENTH CONGRESS
d .6 SECOND sEss1ON.
IN sENATN ~
TUESDAY, February Is, 1853.

land. Referred to the Committee on Foreign
Affairs.
He also presented petition from citizens Of
Wisconsin, relative to the location of the lard
grant Of the Chicago and Northwestern Rail.
road Company. Referred to the COMMITTEES on
Public Lands. -.
ILLUMINATION OF PUBLIC BUILDINGS.
A joint esolution from the House, requiring
the Commissioner of Public 3oiidines 70 ill1.
inmate the Capitol, on Saturday night, February
22d, In honor Of late Union Victories, was
agreed 70. ..' y. O.. '.n'Inf.
FORFEITURE OF RIGHTS.
Mr.. HARRIS introduced . bill declarstory
Of forfeiture Of rights and privileges in certain
cases, under tho Constitution and laws Of the
United States. ." ...'0..
RAILROADS In MISSOURI.
Mr.. WILSON, Of Massachusetts,, from the
Committee on Military Affairs, reported back
the bill In relation to certain railroads In Mis
souri,. Mr.. W. explained that the roads had
suffered great loss, were very necessary for
transportation of troops and supplies, and
could not get along without pay for The trans.
portation already done, amounting to about
| 100000.
Mr.. WILSON, of Missouri, further explained
the situation Of railroad affairs In Missouri, and
| the necessity Of the passage Of this bill.
Mr.. TRUMBULL did not wish to oppose the
modsuEcs, Uut bhW uhnCuity III ebhUIlhulnR buCO
precedent. Railroads and individuals would,
In multitudes Of cases, ask for similar remuner.
atiou for losses.
Pending Its consideration. a message was
received rom the House, asking its return.
THE DISTRICT JAIL.
Mr.. WILSON, Of Massachusetts, introduced
resolution requesting the Committee on the
District Of Columbia to inquire into the judicial
management Of the Jail In Washington. He
asked the reading Of a letter from Mr.. Duvall,
recently discharged by the Marshal from his
position ~ one Of the jail guards, relative to
the abuses In tho management, the whipping Of
prisoners, &c. One method of puuishment was
by stretching the victim scross barrel, and
striking repeated blows with a piece Of fiat
board, upon the bare flesh. ..
The resolution was agreed to.
THE CASE OF Mr.. sTARKE.
Mr. HARRIS called up the resolution report.
ed by himself 10 the case Of the appointment
for the Oregon vacancy, in favor of the swear
ing In Of Mr.. Starke, without an expression re
garding the effect Of the papers accompanying.
He said that certain affidavits had been laid
before the committee, and conversations had
dence sufficient 10 justify refusal 10 have him
sworn in, and thought the Senate had the right
to Judge of the qualifications of election and
the constitutional right Of a person to take his
| seat.
Mr.. HALE submitted motion to recommit,
with instructions 10 report upon the facts sub
mitted. and whether, In the judgment Of the
committee, they were sufficient to chow the dis.
loyalty Of Mr.. Starke. He thought the question
to be decided was whether the gentleman was
qualified to hold his seat II there was no evi-
none to prevent bis holding Il.
Mr. SUMNER argued the constitutionality ty
of the right to exclude for disloyalty. If there
were no qualifications required but age, citi-
zenship and residence, a traitor might claim
seat In tie Senate, II appointef by a governor,
| ard could not be kept out The fact that the
oath was prescribed by the Constitution to be
taken before the seat could be occupied. was
an evidence that loyalty was constitutional
requirement as qualification for membership
His offering to take the oath does not purge
suspected person of disloyalty.
Mr.. TRUMBULL thought a very important
question involved. The report Of the com
mittee claimed that q person coming to the
| Senate with the USUAL certificate OF appoiDt
ment from Governor, could not be excluded,
| no matter how Infamous hs character or how
manifest bis treason. The Governor of Miesis.
sippi might send JEFF. Davis, or the Goveraor
Of Kentucky could appoint Gen. Buckner, and
the Senate would have no alternative but to
receive them. The courts have decided unon
the disqualification of persons for holding
office, and various cases Of disqualification
were referred to.
Mr.. CARLILE thought the Senate had upon
Il grea' responsibility In this case. The evi
dence was all er parte, and the person claim
Ing his seat positively AYERS that the charges
against him are false. He deemed the State to
be the proper judges Of the qualification, and
the Senate upon proper evidence could after
wards expel.
Mr.. TRUMBULL asked If the Governor of
Virginia should send Floyd. if admitted. had
the Senate the right to expsle
Mr.. CARLlLE considered 1t scarcely sup.
pcsable case.
Mr.. CLARK asked IL horse thief had been
sent, could not Senate expel him?
| Mr.. CARLILE thought not unless he should
steal another horse.
Mr.. MCDOUGALL thought the Senate had no
right to shut Its doors upon person Of requi-
site constitutional qualifications, sent to repre-
sent State.
Mr.. TEN EYCK faw no possible advantage
10 recommitting the resolution. The Senate
WAS In posse ession Of all the facts and could de-
eide at once, as II should, In justice to the State
| Of Oregon and the person claiming his seat.
per subject for consideration as a qualification
of the person appointed.
Mr.. CLARK disagreed with the report of the
committee, and yet could see no benefit In Its
commitment Il was evident that the oath was
required before swearing in. to assure the 10y.
atty Of the appoiutee. Should spy be sent
| by the Governor of Missouri, a State we do not
| admit to be out OF the Union, is IL pretended
that we could not refuse to admit him? II ad.
mitted by a majority, it would require two.
thirds to expel him. He regarded the right to
keep disloyal person out to be conclusive
Mr.. MORRILL, favored the recommitment,
to give an opportunity for an examination of
facts relative 10 the loyalty or disloyalty Of
Mr.. Starke. -
Mr.. FOSTER held that the committee, In
their report, had not decided upon the ques-
tion Of the gentleman's loyalty, but that the
evidence Of those papers was not sufficient for
bis rghtfully taking the OATH The evidence
is that Of e1 pare sifidavits, upon which they
| did not deem It just to decide. In such action
they do not decide that traitors and felons can
not be excluded. To assume that the:e is dan
ger Of admitting disloyal man by majority,
and Of being unable to gct two-thirds vote