New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1862-02-19

WA involved II claimed that person coming ne,e
with proper certificate had right 70 take sea-,
no matter how infamous bis character: III teeno
absurd 10 receive a man DOLLY 10 turn MIN on, .ne
next day. Under slch rule Gov. Mag I'M Oh hen
tu,ky Night send Gen. Buckner or any
known trator here, and the Senate woniu
he OBLIGED TO receive him. The County,
have de, ided that a dsloysl person s. ~
loId no office or public trust under the IaWs Oh '
United States. He admitted that the eerisio"' ht
the courts were not the rules Tor 'ne oe"a bs5
yronld any Senators vote 30 admit Jacge "io "a'
taken bribe. and thus rendered ineligible py lne
lSr Of courtsIif not. then the Senate would "gree
20 the principle. III 49,. ann of
the most important questions wn'.h oo"," ~ w.
! s,dared m was question OF power 81 the ma
;n;,, If the Ssnste to exclude State from repre-
condition lie Thought .t fair 10 infer THAI the STATE
n,onId he careful 10 send none but persons ut ana
nrorer 10 represent il. The evidence IN TINS case
oIemnly declares all these charges, from bitter po
6rical opronens and all allegations against h's
lovalty false Was not the State the best Judge OF
he qualifications lie thought the Senate only had
the power to expel for what might be done after he
was a member OF the Senate.
Mr. TRUMBULIi asked-Suppose Floyd was
sent here from Virginia. aud, If admitted, could we
not expel hin
Mr.. CARLISLE thought po'-but thought it fair
10 assume that the State the Governor would not
send any such person.
Mr. CLARK Rep., n. H., asked If the State Of
New HanIs shire should send here man who should
afterward he found TO be horse tniet-couid not the
Senate eXpel him
Mr.. CARLISLE did not think the State would do
such thing, but, if il did, he thought il would he
one Of those disadvantages 10 which ihe Senate
would have to submit. lie did not believe that
either House had the power 10 90 beyond the quaii.
fcations mentioned in the Constitution. lie moved
that if the case be recommitted al all, 1t be TO tpe-
cial Committee.
Mr.. McDOCGALL UIn., Call thought 1t was a
question Of the rights OF the State Of Oregon. The
State had passed on the qualifications OF tie Senator,
and he denied that, when person presented ml,
self with all the constitutional qualifications ana
credentials of his State the Senate had any Igh' 10
shut tie 0OOrS on him.
Mr.. TEN EYCK rep, NJ.) said the simple
lorestion was whether the subject should be recon-
mitfed 10 the judiciary Committee lie eoItenoed
there was 10 earthly good in that, and would only
cause delay-ihe Senate already Das all Inc iots III
The case and thought they ought TO act Oh Al hs IL
stands. .
MI DAVIS Un., KY spoke a. some length against
the report OF the Committee, contendinS that loyal
ty was the proper qualification for constellation
Mr. CLARK ditaAeed from tee report OF the
COMMITTEE lie argued that the provision OF the
Constitution thai the oath be taken, shows that 10y
aty is proper publication and the Senate IS not
prtoluded by the taking OF the oath, from consider
ing other evidence.
Mr.. MOllNll@b ihcp., mel thoutut con"VV
was in 10 condition to Judge the case. The only
evidence before il is entirely pGrte and tie sub
ect should be sent back to the Committee Tor further
evidence.
Mr.. FOSTER said the credentials AID certain pa
pers were referred ID the Judiciary Committee To
ascertain whether tie appointee IA entitled TO take
the oath. i, was now argued that The Committee
decided that even dslOyal man ought 10 be admit
ted If ne had the proper credentials. The Committee
decided no such thing 10 sucn thing was referred
L. ~ Il tfaA red
them and nothing else lie did not believe q mere
majority was enough to eXpel a man under the Con-
stitution and he thought il doubtful whether tnat
ought to keep out which is practically t. ca
p, MIN, for fear we might not be able TO eXpel hlm
even if found iloyal.
Mr. SUMNER rep. Mass moved TO amend the
resolution oil the Committee, so as TO read that Mr.
Starke. charged with dis oyalty, is not entitled
take the oath without previous investigation. lie
cOnteUded that the Credentials cid not cnt OF the
Senate from inquiries a. 10 age citizenship, and
surely ought not to preclude inquiries On the gaver
question Of loyalty.
M FESSENDEN rep, Me- said the papers in
Tie fret instance were Gent to him, and though he
had doubts 10 whether Mr.. Starke ought not to be
allowed 10 take the oath, still he thought the best
way was 70 have the case submitted TO the Commit
tee. The Committee have reported that, under all
circumstance, the applicant Is entitled 70 take the
oath, and he was disposed 70 concur in the report.
According TO the ideas put forward, tie app hcant
was not allowed 10 purge himself ~ taking the OATH
He would not allow an admitted traitor 10 take
seat but he thought that this was not tie care 1t
would be proceeding fraught with immense dan
gsr 70 give a mere majority the power 10
eXclude a senator and it should only be done in ex
tretne cases. Was this such case If such Tau
guage used by Senator Is attributed TO the
agp0intee from Oregon, it would be sufficient for biz
, expulsion Bot this evidence was all eXpartc, aud
we 90 not know the circumstance. Most Of the
language was uttered long ago. He knew that men
a yve.e now teryi the country, VINO at tie same
tine talked rs wildly as the Senator from Oregon j,
said 10 have done. Again tie applicants allegation
Of loyalty now and hs willingness 10 take tbs oath
are strong points against making any very danger
Gus precedent.
Mr.. HALE Rep, n. H. thought that the report
Of the Committee contemplated the subsequent PRO
). ccedncs. He paid hRh compliment 10 the talent
and Jility Of the judiciary Committee, and said
oIght to expect from them full and explicit report
9 Mr. DIXON Rep., Conn., said charges Of The
grayest kind brought against the applicant fol
. the Senaorship from Oregon, which, ii trne, Ger
f iainy unfit him for seat on this floor. He did moi
d tlnnk that any nan who would utter such language
or entertain such charged, could ever puIg,
, himsaf from oisloyaliy by taking the oath. Air
} Dixon read from the aifdayits.
Mr.. NtSMIfH TN, Oregon called attention Il
, some Of the evidence, in which 10 said that Mr.
Starke spoke Of tue Palmetto flag, &c; but this !,
said TO have been in December 1860 long before thu
Secession of any State was known in Oregon.
Mr.. HENDERSON I'm, MOI did not think 10y
atty qualification, deduced from the provision foi
taking the oath. Taking the oath is matter with
mans own conscience lie thought we could 10, -
behind the Constitution, but must admit tire appi
, can't aud then, If oisloyal, we can expel him.
Pending the question, adjourned.