The New York herald., 1862-02-19
PROCEEDINGS OF CONGRESS.
THIRTY-sEvENTH CONGRESS.
YIRsr SESSION.
senate.

/ 6Ch8tSs
| WASHINGTON, Feb 10, 1852.
IRxlASp.
Mr. HowE (rep.) u Wis, presented the ,oint resou
tons Of the Wisconsin Legislature favor Of rele
Of Ireland from famine, referring brave sons wh
we're winning glory for our battle fields.
oUT1AwRY BILL.
Mr. HARRIS, (rep) Of y, introduced bill declari I'M
the forfeiture Of the rights privileges OF per
sons under the constitution Of the United States Re
| ferred
THE WESTERN RAIiRoAns.
Mr.. WnsoN, (rep.) Of Mass. from the Military Com
mittee reported back the JOINT resolution from Tho
House relative to certain railroads in Missouri
The resolution authorizes the Secretary Of War pay
certain railroads in Missouri for transportation.
Mr. TRuhBuLl, (rep) Of H. thought the resolution in
volyed very important question, that OF paying
damages, and should be well considered.
Pending the consideration Of the resolution
was received from the House asking return Of the
luton, which was complied with.
JAIL.
Mr.. wnsoE, (rep) Of Mass. introduced a resolution
that the Committee the District Of Columbia be d.
reced to inquire into the judicial management OF the
jail in the city Of Washington He read letter from Mr.
puval stating that great abuses committed in the
jail especially hogging the prisoners manner
Adopted
AN ognAwRY
Mr. HARRIS, lrep) Of New York, moved TO print the
bill offered by him He said the bill was founded ON the
English principle Of outlawry. 10 provides the for
eiture Of rights and privileges under the laws of those
VINO take up arms against the United States Ordered 10
be printed
ILLUMINATION PUBLIC BulpIsGs.
A joint resolution received from the House, that
the Commissioner Public Buildings be directed 10 ilu
inmate all public buildings Saturday next the I'D Of
February, in honor Of the recent victories This
taken up and passed
TIE CASE OF sKNA1oR srARKE
The case Of Mr.; stArke, OF Oregon, was taken up
Mr. hARRE said q number OF papers afndavits had
been laid before the committee in regard to certain con
versaions &C. Of Mr.. Starke. The question before the
committee was whether such evidence was sufficient TO
prevent his prtmd fdce right to take the OATH The
nit &C thought not He thought the Senate had the right
to judge Of membsrs qualifications of election and
stltutonal rights OF a person TO take his seat
Mr. HALE (rep) Of ". H.. offered resolution that the
case be recommted to the Judiciary Committee with
instructions report on the facts SUFFICIENT 70 show his
dsloyaty or not TO prevent his holding in the
Senate He thought the very question for the committee
to decide was whether the person qualified to hold
his seat there was no evidence to his holding his
seat
Mr.. SUMNER, (rep.) OF Mass proceeded 10 speak at
length He contended that the Senate Judge
OF the qualifications only OF age, citizenship and
sidence IN the State, then open traitor might
and claim seat and the Senate had right TO keep him
out. He affirmed that ltyalty also q qualification
and referred 10 article six section three OF the
providing that oath preserve the constitution
that loyalty qualification and disloyay disqualified
tion, and the only question left when the evidence will
be considered He claimed that offering take the oath
was not sufficient against the evidence Of disloyalty
Mr. TRuhBuII, (rep) Of ILL.,, said he should cay
nothing did he not think very important question
involved. II claimed that person coming here with
proper certificate had right to take seat
how infamous his character seems absurd to
man only 10 turn him ont the next day Under such
rule Governor Magoffn Of Kentucky, might send Gen.
Buckner or any known traitor here, and the Senate
| have decided that disloyal person shall hold no
| Office public trust under the laws Of the United
States He admitted that the decisions Of the
war Of hutvuo
vote 70 admit Judge who had taken bribe and thus
rendered ineligible by the law Of not then the
| Senate would agree 10 the principle.
Mr. GARLIC (Union) Of Va considered this Of the
most important questions which could b considered II
was question Of power Of hs majority Of the Senate 70
10 infer that the state would be careful TO send
| persons 1T and proper TO represent it, The evi.
person claiming the seat solemnly declares all these
charges from bitter political OPPONENTS and all allega
best Judge Of The anaiidcaons H. thought the senate
only had the sxps for what might after
| he was member Of the Senate.
Mr. TRUnBuIL asked-Suppose Floyd was sent here from
| Virginia, and, IL admitted could not sxpel hmS
Mr. CARIIIE thought notbut thought 10 fair assume
that the State nor the Governor would not send any
Mr.. CLARK rsp) Of N. H., asked If tbs stat. Of New
Hampshire should send here man who should after.
wards he found TO be horse thief could the Senate
Mr. CARlIlx did not think the State would do such
thing, but did. he thought il would bs OF those
Disadvantages TO which the Senate would have submit
He did believe that either house had the power
beyond the qualifications mentioned in the constitution
He moved that II the case be recommtted all il
/ special committee
Mr. McDoucAIL, loppl Of Cal, though. il was quss.
passed the qualifications Of the Senator and he denied
that when person presented himself with all the
sttu,iona Qualifications and Credentials Of his State the
| Senate had any right TO shut the doors on him.
Mr.. Ten EsoK, (rep) Of n j., said the simple question
was whether the subject should bc rscommttsd the
Judiciary Committee. He contended there earthly
good that, and would only delay The Sepate
already has all the facts the case he they
ought to act on IL as it stands.
Mr. DAvH, (Cnon) Of KY, spoke at come length
against the report Of the committee contending that
loyalty the proper qualification fog consideration
Mr. CLARK disagreed from the report OF the committee.
He argued that the provision OF the that the
oath be taken shows that loyalty is qualification,
ahd the Senate is not precuded by the taking Of the
| oath, from considering other evidence
Mr. MORRILL, (rep.) OF Me-, thought the Senate in
no condition 70 judge the case The only evidence be-
fore Is entirely pd1e and the subject should be
| sent back TO the committee for further evidence
Mr.. FOSTER, (rep.) Of Conn., said the credentials and
certain papers referred to the Judiciary Committee
TO ascertain whether the appontee entitled to take
| the oath. IL argued that the committee de
cidsd that even disoyal man ought to BE- admitted II
he had the proper credentials. The committee ied
such thing such thing referred 70 them. They
decided the question referred to them and nothing
under the constitution. and he thought doubtful
whether that ought 70 keep man OUT which is pract-
caiy 70 sxpe him, for fear we might not Be able to
| expel him. even II found dsloya
Mr. SUMNER moved 10 amend the resolution Of the CON-
| mittes SO TO read, "that Mr. Starke, charged
| with dsoy atty, Is not entitled 70 take the oath
without previous investigation He contendsd that the
credentials did not cut of the senate from inquiries
age or citizenship and surely ought not 70 preclude in
| quiriss on the graver question OF loyalty.
Mr. FrsESDES said the papers in the st instance
him. and though he had doubts TO whether Mr.
Starke ought be allowed To take the oath still
thought the best way 70 have the submitted "
the The committee have reported that under
all cireums the applicant is entitled take the
oath and he disposed TO concur in We report Ac
cording the ideas put forward, the applicant
allowed purge himself by taking the oath He would
allow admitted traitor 10 take but be thought
that this the would be rangh
with danger 10 give mere majority the poweI
70 exclude senator, and should only be done in
cases Was ths such cass2 n fsuch language uset
by Senator ~ Is attributed to the appontss from Ore
ron Il should be sufficient for his expulsion. But th
violence all Jarte, and do not know the circum
stances Most OF the language was uttered long ago. III
knew that now serving the country, who a.
the same time talked wildly a. the Senator from Ore
gon said 70 have done. Again, the applicants aega
TIN OF eyaiy now and his willingness the oath
are strong points against making any very dangsrou