Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-12-24
'THIRTY-ElGHTH CONGRESS.
First SESSION
FRIDAY, DECEMBER Ia, 1868.
IN SENATE.


cal-d the Senate order.
Mr.. HALE Mr. secretary in the absence Of the Vice
President move that Hon SOLOMON FOOT, OF vermont
be- cbosen President pro tmpore OF the senate
The Secretary put the motion ana u was agreed toi
and Mr. Foot took the Char
OATH OF OFFICE.
The PRESIDENT pro Hmpore The Chair will call
from the table for consideration the following resolution,
offered by the Senator from Massachusetts, INT SUM
NERD
Resoped That fol owing be added TO the rules of the
Senate
July be taken and subscribed before entering upon
The dnes of Office shall be taken and subscribed by every
Senator in Senate before entering upon his duties IL
shall also be and subscribed in the same way by the
Secretary Of the Senate but the other officers OF the Senate
take and subscribe in the Office Of the Secretary
Mr.. SALISBURY. / preseme the Senate is aware
that my colleague Is the ouy person IN this body who 10
present be affected by the adoption OF the proposed
rule think sir, that he has right to ask that there
shall be Judicial decision of this body as to whether the
oath prescribed by the act Of Congsess in conformity
not with the Constitution Of the United States With The
view Of having that question soemny decided IN this body
i offer thu foil wing substitute for the resolution be-
fora the Senate:
Rssolped, That the Committee the Judiciary be in
inquire whether Senators and Representatives IN
Congress- included within the provisions Of the act emit
tied An Act 10 prescr be an Office and for other pur
poses approved July 1867 and whether ne sd nc.
in accordance or in conflict with the Constitution OF the
United States
do not propose 10 enter into any discussion Of this
question now; simply otr this as substitute Tor the
resalution i have doubt IN my 0Wn mlnd as 10 Inc
extent which the act o Congress goes was decided
by the Senate sole VOTE Ia the early history OF
this Government that Senator rot civil officer under
the Government of the United States and the act OF Con-
cress simply provides that this oath shall be taken by off,
GERS the civil ratary service Of the United States
Again, sir the oath requires that Senator f It be held
to apply to Senator shall purge himself that he has not
been the psst guilty OF certain acts Just as competent
is it for the tn qure that when man presents
himself here with all the constitutional qualifications for
this oor he shall purge himself that ne mas never
- nnnfop and hat
any other snce against either State or Federal law
But as said will not enter upon the discussion OF
this question propose The substitute SIMPLY Ter ihs
purpose that the Senate may formally decide and decide
too after the Judgment of the Committee the Judiciary
upon that pon whether the act OF Congress passed July
2 1869 does include members OF the Senate ana members
OF the House Of Representatives think that IN justice
10 nv colleague and IN justice TO gentlemen who may
hereafter present themselves members, it is proper it
il right, that there shall be formal Judgment oil the
Senate upon this matter.
Mr. TRUMBULL Mr. President, the Senator from
Delaware proposes substitute for the rule which Is
posed as an additional requiring Senators to take an
oath ia open Senate bed by act OF Congress and
he gives two for offering that substitute and
moving refersn Of it to the Cou mttee on the Judi
cary The first that he desires idIeal decision by
the Senate Of the United States to the
of the law which requires this oath to be administered
do know that another decision upon that subject
will be any satisfactory than the one which mas
already been made The law referre to could not have
been enacted without the sanction of this body and when
that law under consideration 1t was objected IN az
being unconstitutional Ii argued IN the Senate that
point presented and the Senate notwithstanding he
arguments that presented against the coDsttutonaty
Of the proposed law, thought proper to passthe b The
House Of Representatives cOncurrpg and the President
approving the b it became the law OF the land Inc
Senate has decided that this law is constitutional by its
passage aud it is novel proceeding, when IL becomes
the duty e Senators to execute law the land that In
the first place they are TO refer Inc question: whether tne
law the law If the land not, OF the committees
for confederation IL is much our duty to obey law
it is the duty Of any other citizen IN any portion OF the
country to do so.
We have decided that question, sir 1t is not conpe
tent for the Sena o the ted States to say that act
Congress law We nay t Is true. So lar as ihis
branch Of the legislative department - concerned pass
bin 10 repeal law. but OF ourselves we cannot repeal an
act of Congress We must have the concurrence the
House c Representatives and the approval OF the Exc
eutye 1t would be- novel; and il seems to me an un.
heard Of proceeding 10 refer this proposition to- commit
tee to dttermue whether it Is a law or not
Another proposition stated by the Senator from Della
ware that be wants to know whether tbislaw embraces
Senators and Representatives in Congress- and be repeats
what has been said several times in the Senate and fear
will 10 be taken fact, that II has been decided
that Senators and Representatives IN Congress are not
civil officers. Sir, should like to that decision.
should like to know when and where ATTY court any
legislative body decided that Senators and heprese-
tatyes we re civil officers know Of 20 such decl.
siop and undertake to cay there is such decision
know il has been decided that Senator'S and Representa-
tves Congress not liable to impeachment that they
are not civil officers in the Of being liable to an i'm
parchment. There is very obvious reason for that
An The parts of the Constitution OF the United States
10 be construed together rs TO give effect to all s pro
visions aud one portion Of that Constitution provides for
the expu sion of Senators By twotbrds vote and mas
much another mode Of deprving Senator Of his seat
provided by the Constitution than that Of impeachment it
was presumed that the provision reaing 10 the mpeach
ment of iceis did not embrace Senator'S but that dec
sion by goes the length u deciding that Senator's
civil officers. hut sr, whether they are civil
officers not is competent for the Senate by rule to
require lie members To take oath. Therefore, there
can be improperly IN adopting this rule, even the
law does not embrace Senators
/ trust that this amendment will not be adopted, and
that the proportion will not be referred to the Committee
on the Judiciary. For one cir, should be- unwilling T.
enter upon an investigation TO determine whether law
port to bis body for them to decide whether it
stutionAl or unconstitutional after had passed the
act.
Mr. SALISBURY. Mr.. President, when the right TO
seat this floor Of mber is questioned, he has the
right certainly to have the judgment OF the body as to
whether be is entitled 10 his seat not IL has never
been ided by the Senate Of the United States by the
House Of Representatives by any other tribunal that
this set Of Congress does include members either OF the
Senate or the House # Representatives Admit for the
sake Of the argument, that the act entirely copstu
tional to whom the act extends who the persons
that within the provisions II the act has nowhere
been determined by the Senate, by the House Of Repre-
,entaiives by the Judiciary, or by any other tribunal
Ny colleague (Mr. BAYARD) at the last session APP
peArrd in his body tok the constitutional oath entered
upon his duties as q Senator, here IN open session
after the statement deliberately made by the Senator from
Illinois, the chairmsu Of the Judica.y Committee that
those who chose 10 take the additional oath might take
it, and those who chose not 10 take 1t need not take u
That was at time when debate sprang which threat
ened 10 a't several day., the obligatory character OF