New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-12-19
XXNVIH,h CONGKEss....Fir Session
SENATE WASHINGTON. Dec. ls. leG9

SENATE. wAsINGToS. Dec. ls. ls69.
On motion Of Mr.. HALE On., n. H.) Mr..
FooI took the chair the Vice President being absent
ASKED TO BE ExcUsED.
Mr. GRIMES lUn.. Iowa. asked 10 be excused from
further service the Committee on Naval AtaiIs.
lie said apart from this he two other Commit.
tees. fer brief conv ersatoD sganst granting the
request, the Chairman OF tho Naval Committee Mr..
Hale saying the services ofthe gentleman were very
important This time. when there necessity for a
reform in the Navy Department,
Further consideration upon the subject Was postponed
11IE rRoHInIrIoS OF SLAVERY.
Mr.. Howr (Un., Wis presented a memorial from
citizens ~ Wisconsin asking that some action be taken
with view 10 the amendment Of the Constitution 70
prohibit slavery in all the states and Territories.
Mr.. GRINis also presented one understood to 10 "i
similar import which was referred to the Committee on
the judiciary.
TREATIES WITH INDIANS.
Mr. HARDTsG TN. Oregon introduced bill author
ling the President 10 negotiate treaties wh certain
bands OF Indians OF Oregon.
THE BOUNTY LAW.
Mr.. WILSON CUn.. Mass rom tho Committee on
Military 4 fairs reported back with enondmcnts the
Bounty law; also the bill amenda,ory ~ the Enrolment
act with amendments one Of them repeating the sSD
coi1auaon and ss 10 that b. had very serious doubts
Mr.. DIXON Un.. Comm offered amendment az
cmptng cefgymcn from the draft.
Mr. HENDRICKS lDcm. Ind slso introduced Al
amendment but iis substance was not stated
The amendments were ordered 10 he printed
rHE NEW OATH.
The Senate then proceeded 20 the consideration Of
Nj Summers Union Mass resolution as Allows:
R,stsd That the following be- .ddsd & tie rule, ~ ihr
Senate, The Dab or shimsiisn ~ ne 81 o.
upon tie duties o. ofec h. be taken and 'ub'bed to
,hsn ..o b. ,.s.n I'D .os. ribsd % r. ~ sane
wsy BY the Secretary Of tho senate bat ia. ohsf occf. q
nay sse ad sbsbe Il u ID, once Of TIC SsFe
Mr SALISBURY Dem. D,l). said ii. colleague
Bsyudl wss he only person TO be Affected Tie rule
proposed He thought.hif colleague (BsyErd) had the
right to ask that there be judicial decision by this body
whether I'll. oath pr~scTibrd BY Congress wss IN con
fcrraiy with tie Consiiirilon Of tie United Str'es
with the WOW OF having IL question soemuly decided
he offered resolution. az .uhstnte for MI Summers
proposition 10 instruct the comnice on TIE Judiciary
10 inquire whether senators and Representatives, are
Included within the provisions Of the act pfescr!ng the
oath Of Office passed July le. lso2 and % inquire
whether The said act IN accordhnoe or conflict With
the Consultation. Mr. salisbury did not propose 20 en-.
ter into discussion II, tn, time, but ho hight ny II
Was settled ut early period IN tho hi,ory oihe country
that senator ia rot ci, officer gnder the Constitu
Mr.. TauxBtII On. In) DID not know that another
doc son uIoa this subject would be any sal snc
tory than The already made. Wien tue bill Wa
penling here tho point made thet 4 Was uncOnfti
turonal and ansEer.d-ile senate thought proper to
uas H. IL was concurrcl IN by the House aud approved
iy the President The Senate had thus already decided
it, consttuiionaliy by passing H. IL wss novel pro
ceedng when II became the duly OF the Sauae To exc
cute aW of the land % reier the qli sion for eI
animation ~ 20 whether II law not IL WAS the
AZ ".
Tor them 10 say the act " Congress was no Law. The
senator rom Delaware desired an Investigation as 20
Whether the Law embraced Senators and Representa-
tiy. ifr Congrss ard stated an admitted fact that
senators and Representatives we're not civil officers.
He n rumbulD should lie 20 the decision. lie should
liz e. know when and where any court or legislative
h,iv came 90 such q conclusion. lie knew Of ~ such
decision There had been none. be knew II had been
declared that senator's md Representatives, were not
liable to imprisonment. There was an obyious roaton
for his. Al paris Of the Constitution were to be con
=. .,fv OF ..sH IT, inf fIln Al ff.
mart provides for the oIpulslUn Of member of either
House by twothirds vote. and they we're not placed
in the provision for impeachment
Mr. SAuLDuW (Dem.. ne!) SAID there was
no satisfactory reason Rhy the investigation should
not BE- made. Hi colleague (Mr. BayarD had aright
10 he Judgment Of this body as 10 whether he should be
reunited 10 take tho oath not His colleague last
season took The oath 20 support the Constitution. s1d
enie red upon bis duties and had since been acting ~
member Of tbs Judiciary Committee. IL bad never
been decided that a Member 81 Congress was clYn
officer within TIC moaning " the Constitution. but the
contrary Al he and his colleague wanted wns that
tho Committee should decide whether the act required
senators 70 take tho oath prescribed ~ that of lool.
Mr. TRUMP Ill replied Il the senate adopted Tie rule
Of lie Senator from Mas-,chuseits the question viii DO
decided TIA, al Senators ,hail lase The oath
Mr. SAIfgDtEy faIi the interests U. the country
xgod not suffer by having this question looked into.
He saw DO reas0n for the bot haste exhibited by the
senator from Massachusetts,. ho might De Justified IN
,,tp that the opposition he presented 10 The rule did
no. afis, from the matter contained ~ IT, There was
nothing in IL ho could not take every morning before
Lrer fat and nothing IN II Bio colleague could not
take Ills opposition tho adoption Of this rule
ber.u,e In their sOlemn Judgment. Senator did not
como within the provisions OF the act. ana was not
,onaitutionally bound n take this Oalh. In reply ~
Nv IruInbul no said by formal vote 0f the Sonnto
am 1es IA the ease Of MT. Blunt II decided that
Ssna,cr yarnOt n civil officer. The Office con.
ferred nv ~. Senators State, and not by tie action
oil the Federal Government
Mr. Jonssos (Un.. Md understood Mr.. Summers
resolution TO present two qucstiOns First. vi hat Was
The trne meaning VI the oct o Congress and whether II
came within tho meaning OF the Constitution. As 10
this be could possible objection 10 the Judiciary
Committee expressing their opinion on the subject Ar
to the second question VIZ whether II the law did en-
brace members Congress bad any right under the Con.
sttuton 10 pass tbs act, he submitted that perhaps
the Senator from Illinois Or. TrumbuD was mistaken
NJ To tie authority 10 refer 70 the Committee 70 exam
inc whether tie act was constitutional or not. uo
begged tie Senator to reconsider his position. III no
did no Mr. Johnson inclined to think that tho oehn
tor would come TO a different conclusion Inc Hct was
apuarentiy the law VI the land. II ON investigation IL
sfoud DO found 10 DO unconstitutional or Iepufhant 70
the provisions OF the Constitution. was que tal Con
gress should repeal IT, His question came np IN ono on
privilege concerning the Senator ifon Delaware (hr
Bsyard). 10 whom alone II applied.
Mr.. COILANER said the proposed rue gh'o pIho
construction of the statute. Ii required the oath
10 be administered to all Senators before they tok the
sent5 The rule proceeded the ground tiii TIE oat
was applicable TO Senators while the % nhtor from DEL
aware maintained that the law was not nPpiehDe 10
Senators as civil officers II the Constitution od not
include tbem tho construction should DO gwen accord
iugly He objection 10 referring the subject 10
Tho J0u mittse tho Judiciary. lie made these TO
msrts without expressing his views on tho consilu
tionAlity Of the law one way or another uo saw NO
serious obsooD 10 giving the subject the reference ~