The New York herald., 1863-12-19
THIRTY-BIGHTH OON 0REsS.
FIRsr SESSION.
Son ate.

Mr. GRHss (rop) OF Iowa, asked 10 bc excused from
further service the Committee Naval Aaairs Hs
said apart from this, he two other committees.
After brief conversation against granting tho feaucst.
tho Chairman OF tho Naval Comittee Mr. Halo. saying
this tme whea there Vas q necessity for reform the
Navy Department further consideration upon the subject
was postponed Gill Monday.
s rK0HnnrioN os SLAVERY
Mr.. Hows, (rep.) OF Wisconsin, presented memortA
from oitseus Of wisconslu asking that action bs
To prohibit slavery tho and Territories
Mr.. GRMg, also presented one, understood 10 be Of
similar import which was referred 10 tho Committee o.
raRArins WIFI OREGON INDIANS
Mr. HAEoiEG (rep) oil Oregon. introduced q bill au-
thorne President TO negotiate treaties With certAis
bands OF Indians OF Oregon
TaK sooNyy AND EHRoLMsst Aors
Mr.. Wnsos (rep.) W MASS. from tho Committee o.
Military Affairs, reported back with amendments. The
Also tue bin smeodatoey OF the Enrolment act, wHh
smeodmonts one Of them repeating tho 500 commute
tiea. and as to that he bad vcry ssI ioas doobts,
empting cergymen from tho draft.
Mr. Hsspaoxs, (opp> Of Oregon, also introduced -
amendment, but It's substance not stated
1he amendments wore ordered TO be printed
% nas o.,as ron o. ~. YSnos rosos :. W.
SJMNERs resolution as follows
Resolved That the following be added % rules OF the
eass Sas % he snd S ss
entering upon the duties Of Office shall be taken aaA
Is ~ a s. BE- sss @ IL
Of the Secretary"
Bayard the only to be Affected by the ru'e
proposed He thought his colleague (hr iaysrdD had
body whether the oath prescribed by Conereas was u
conformity with the constitution OF the United states wth
tho view Of having the question solemnly dccdcd. He
offered resolution as u substitute for Mr. Sum
ner's proposition. to instruct the Committee /
the Judiciary to inqure whether Senators and reprs
seatayes Included within the provisions Of tue act
prescribing the cath OF oce passed July IL. 1862 end
@ inquire whether the said act 10 accodspce or con-
niot with the constitution Mr.. Salisbury did pro
pose Into discussion at this time but hc might
say settled a early period in tho history OF the
country that Senator Is uot cv, Officer undee tho con-
stitition
Dir. TsoMHuLL (ep) OF ILL.,, did oot know that aoothss
decispo upon subject would any satisfactory
here tho point made that II unconstitutional and
answered rhs Senate thought proper 10 pass IT, waa
cOncrrcd by tho HOsc, aud approved by tho lr09t
dent The Senate hid thus already decided ts oo0stit-
tionaty by passing IT, IL was novel proceeding w6cp
became tho duiy OF tho Sooate law Of The
to refer tho question Tor examination as 10 who
thor il ias or not IL was the duty OF the Senate
thom to say the act Of Congress was no law. n
Senator froui Delaware desired investigation -
Cosgress admitted fact that Seusto
and representatives were not Civil officers ho Mr..
Trumbulj should like TO the decision, no should ike
when aud whore any court or legislative body
TO such conclusion Ile know 0t no such decs0ns
rhere had beeu lie knew bad been declared thas
and representatives not liable 20 mpeach
meat There obvious reason for this All parts
of tho constitution considered t0xothot 10 give
pulson OF either House BY two hirdswoses
and they not placed ia the provis,oa foe mpeech-
ment
Mr. SALISBURY said there was no satisfactory reasoa
why the nvestcai should not 30 mado. Hs cooagus
(Mr Bsyard) had right 10 the Judgment OF thA
body as to whc her be should he required 70 tau
tls oath OF not His colleague last session eook
te oath 10 support the constitution aud enored upoA ~
duties, aud had since been acting member OF thq
Judiciary Committee Il had never beea decided that 9
member Of Coogro>s was civil Officer within the mean,
Ska Nul I'M Nrstr hat uHAA
colleagues wanted that tho comqLtee shoud dcCtd1
wnchcr the act required Senators to take tho oath pre-
MIR TaUMB; IL repiedIf the Senate adopt tho rulo ol
tho eeuator from Massachusetts the question Will DO do
ciied that all Senators shall take the oath.
Mr. said tho interest Of tho country would
GOT sufeT by having this question looked INTO Ho saw
Msssach sets He might be- justified 10 stating that ~
opposition presented 10 tho ruc did not arise from e
matter contained 10 ~ There Sas aohns N v ne oousd
Il his colleague could not take His oppos'tioQ 70 10
adoption OF tbs rc was becausc Ia their SOLEMN ildg
meut Senator did not come within the provisions OF tha
act and consttuonalty b0uud 10 take this oath
In reply Mr. Trumba no sa,d Dy formal vote OF Chg
senate 1885, In the Of Nc Blunt, II decided
That Senator was civil officer. the ONCE
ieIrea by tue Senators sa'e snd as by tae scsos ses
MI. JoassoS. (opp.) Of Nd, understood Me- Summers
resolution to present twy questions FIRST what ths
true meaning OF the act o Congress, and whistler 10
within the meaning OF the cons, tutou As 70 this,
bs o,ld possible objection TO the Judiciary Com
IN ttee expressing their opinion 90 tbc sublec A u
VI
embes Congress- any ght under The cousti-
tuition to the act He submitted thst ps,haE the
bs y n r,%Os hs soDmes ~is 20 Ss.ss
wheihst tbs act WIS constitutional or not He bexgeA
the Senator to )Dsder his position II no dd. DO Mr.
Iohnson) ocnet " thlos that the senator would coma
to diIsrent conclusion the act was apI,srcntiy The
law o tho land. H. on Investigation Il shoud bo fodnd
10 be Gaconstuota repusuant 10 bs provisions q
the cJnsuloa was duo that Congress snould repeal
Il H, qacston came up as OF privilege, concerning
the Senator from icaware MI Bayard) to whom sloas
IL applied fl no s.ra4
Nc CottasEs, (rep) Of " said the proposed ruesavs
practical construction Of the statute required the
he admin stercd to all enators before they took
their seats Tue ro proceeded the ground that ths
oath applicable to senators whie tue soaator FROM
phcablo % Senator's as c,yn officers n .tSs
constitution did mol include them tho ooo.
sttUctol shouil bs given accordingly. Hs no OBJ
to reforring tue subject TO tbs Committee tho
lui cisgy He made these remarks without expressing
smother lie saw no serious objection to g'y,g the sub
jcc be recreuce required, ss an exe1s,nu co1rtssy
towards the member from Delaware
Mr. TgUnBC, did not sse that the senator from Dsia-
(Mr Bsyard) was interested insoc rue than
any other Senator. The proposition here WA 70 nldrs
whether the aw in accordance condct with the
constitution Ibs act required al officers In tn. nsvss
military departments, before entering upoo their da
ties to take the prescribed oath ing snrmIna
thsy have voluntarily against tbs
Uutcd Stses. nor gvea AID comfort 70 those engaged
70 show that the law was Applicable 70 Senators hep
rsssaatys A. nearly all tho Ssnatos hal taken ana
thousbi II wss too late 70 inquire whs,h,r tbs
oath properly ombrscef senators Ho did not
want tbs Toomsss nnf Dsvises to como bore.
aud after swearing 10 support the ooos,Ratoa tsks
their seats aud th,n Pesurs tbemsevos lie claimed
right t. sy they never should, with bis conaeot have
ssss 10 thu. body He would require Senators 10 tako toe
prescribed oath that tnsv oagAssd Ia rsei
loo sod. they commltst perjury. bs would thso
wet thsm undsr the statute.
hr. Scssss, (rep) 6 MASS, said ths question wns
whe,sss the uv proposed should rserrei 10 tne oom
mite, tue Judiciary The reasons ss.snsi os ths
proposed roisfeoce worS two, vi, --Whetlor tho sos
which the ru, propsed 10 carry ont was ooccnsrutpa
al md, assuming to bs constitutional whet1sr Il was
applicable 10 Sshators He dodbtci whsthsr tncre wa
snss senator who neeted light this subject,
one DsvlDg particle NJ doubt Hs knew son,
had made up their minds that not constitutional
aud applicable, whio oihsrs eutsrtsnei dnsreot opia
iJ1. W what voold II bs 10 rs'cr tho question
10 the COMMITTEES on The Judiciary Every Seas,n~
wE cJmpstsnt ~ dec ~ arter the
COMMITTEES should report. n tho ruis vS aot
perfectly mps tea there might be occasoo foc rofes
81 rcmove doubt, senators could forget that tbs
bill simply discussed q, former SESSION Tbsrc bas
beeu objection started 10 day that not thsa
answered and in face OF these ections tbe oath
taken by the chair, and nv him % tins