New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-03-07

Mr.. DAVIS wished that he oouli return the COM
plnent. He had no doubt that he was more loval
man than the Senator from Massachusetts, lie fur.
Their argued against the administration Of the pro-
posed oath.
Mr.. TRUMBULL rep, Illl said this was not
the tribunal to which TO peal We having mol hing
TO do but 10 comply with tue law. You talk about
setting at defiance law which Congress has passed
Mr.. DAVIS--it is no law
Mr. TRCMBULL-Was the gentleman going to
pass here on the constituionality of the law we
might here say t1at the Senator from Kentucky
stall not speak more than tour-hiths oil me iime'
and the Senator would have 10 abide by it. All 'he
Judges took oath in addition 10 tha 10 eipPo''
the Constitution. The Senator from heh'ueAy as
q member of the Kentucky Legislature, LOOK hn
oath not only 10 support the Constitution OF ,he
United States, but the Constitution Of Ae-'uohy'
How could he do that ...u
Mr.. DAVIS replied that the Constitution OF heh'
lucky required 1t. l., ,s 4.
that according TO the principle he had announced
here In debatel We wanted no new rule OF the
Senate We had law which required u certain
oath to bo administered, and 1t was the duiy oil tue
presiding officer 10 admlhloler " 70 any ohe "uo
would take it.
The PRESIDENT pro TEN. (Mr. Foot said lie
was prepared TO take the OATH aud called upon Mr.
Foster 10 administer 1t, which he dill. IL Is as
follows:
~ solemnly swear that have never VOLUNTARILY borne
arms against the United states since have boon sitixen
that have voluntarily given no aid, counouanCe
couns, te engaged In afued nos
tty theeto that have neither sought nor accepted nor
attempted the funcous OF aoy office whatever
under hoy pretended authority In hostility TO The
United Sstes that have not yielded untay support to
Pretended government authority power or constitution
wi tho United States hostile nimcsi tbeiso and do
further that to the best OF knowledge aud ability
will support and defend the Constiuton OF the Uuitsd
States sgsntt all enemies foreign and domestic that wil
faith and allegiance the same that take TINS
OF eSs On and that viii well aud ishuy discharge the
duties Of the office hch am about to enter. DO help
q Coz"
The PRESIDENT pro TEN then directed the
names 10 be called of the Senators elected or re-
elected since the passage VI the law, VIZ tho "a OF
July last.
Ii was administered to the following named Sena
tors: Messrs. Bowen, Blu, kaew, Morgan, Spragne
Wright, Morrill,, Wade, Sumner. Dixon, Hicks,
Chandler, aud Harding.
Mr.. JOHNSON lUn., Nd. explained that &C.
cording to his Interpretation Of tue Constitution
Senator was not civil officer, and therefore did
not fall within the limits Of the statute, aod beside
the act was retrospective la iIs operation. lie,
however, had not tho sl htest objection TO take the
oath.
II was then administered to him.
MIR. HENDRICK Dem, lnd.) adopting the ex'
PLANTATION OF Mr.. johnson, also subscribed 10 1t.
Messrs. Dooiitlle aud B.yard, elected slice tho
passage OF the law, were absent from the Chamber,
aud Messrs. Ramsay and Conness have not yet ar.
rived in Washington.
Mr.. SUMNER and Mr.. JOHNSON bad colo
guy about their respective positions, when tho for
Iner withdrew his resolution.
The Senate then I'D ourned.