The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1863-03-07

~ lane OF kansas, Harlan, Nesmitn, Davis ana Wal
~ psa';sns- Foster Chairman, Ian. of Ind
Howe, pomsroy Salisbury, Buckslew and Bosdep.
C,hssm'1Msssr. Clark chairmanl, Howe Ponsrey,
- Dsstrsa q Sciunsis-Messrs. corwin (chairmas),
DIo n Morrill, Wade Nnthony Richa rdsop and Wright
Sumner, Harris, Salisbury and Garlic
Public gasIdnos and oyoSnas-Msssrs Foot lch.r-
Tsnltoriss-Messrs. wade (chairman9' wilEnson Hale.
Lane Of Kansas Csrls, Wilson Of Mo- and Richardson.
Sesas-hsssrs. Dixon (Charinan), Clark and Uardns
Enwossd Bius-Mcssrs Lane Of Ind. (Chairmau) Sum
"A CommtIeo Of Agriculture was added. consisting of
Messrs. sherman lchairman), Harlan Morrii Lane Of
OF the Joint standing committees the following were
announced on the part OF the senate:-
On Printing-Messrs. Anthony Chairman Harlan ana
On Enrolled BtRs--Mcssrs Howe cChairman,. cowa.
On ne Ltbrary-Messrs coamsr (chairman) and Ees.
sender.
nm PATIENT OFFICE Rxroxf.
Mr. ArrHor (rep) OF r. L., introduced resolutions 70
print ten thousand copies or the mechanical part Of hs
Patent Once report and four thousand copies Of the acts
and Joint resolutions passed during the late session.
Mr. BArARD. topp) Of Ds took tho oath support the
cons ttutiou Of the United States. Mr. Bayard
terlng upon his new term Of Office.
LOYAL OATH.
Mr. SUMNER, (rep) OF Mass, called up the additional
that the oys passed ia July last sbaR
BIO taken and subscribed TO BY the ''mcmbcr3 Of thh
body" -
Mr. sAursBuRY (opp) or DEL, moved tina. Ito rurthss
consideration be postponed unth to morrow
Mr. SUMNER said there any particular reason for
such posponemont he would consent but not they had
better 60 with it's consideration. h. however saw
necessity for prOtracted discussion.
Mr.. SAUIsnuRr urged tina. no injury could result hy
postponing the resolution until to morrow
Mr. SUMNER replied that the statute required that
officer civil, military or naval should take tho oath be-
fore entering upon his duties.
Mr. SALISBURY said that the oath could not apply,
because Senator'S had arcaiy entered the duties q
their ofnce. Hence 1t utterly impossible to ad
minister i before doing So and consequently II was not
Mr.. BAYARD (opp) DEL, while rising formally 70
oppose tho resolution suggested that iTotart questions
were involved as well rs the constitutional COVER 70
interfere with the qualifications either branch OF Con-
Gress.
the Senate at present had but little do hs thought thoy
might as well consider IT,: The subject WAS important
Mr. nsv non Of Ky regarded the law as "ns
oath" II they had right 70 administer such oath IN
manor they had right 10 administer II in another.
The majority Of the Senate had great aversion to "oop
perhead den0crats but suppose tht In three four
these coppcrhead democrats" should obtain pes
OF the government, including tho executive and
legislative branches and should with their tese
oath To sustain their particular school OF politics. we're
gentlemen ready 10 admit that these copperEoad demo
had constitutional power administer such oath!
Yet they would have much power TO impose hcr form
had % PASS this law. He trusted hc could tako
with ~ coar conscience ms any man. But no held that
oath. He proceeded 70 that il would be setting
most mischevous precedent
Several messages announced from the President
through Private Secretary Nicolay.
Mr.. HARRIS (rep) OF n Y. hoped tho Senate would 50
into executive session Debate was nnrto0.abl.
Mr. 1RUMsvrL, (rep) Of H. remarked that f tho Senate
was going to repeal law Of Congress the question had
better be settled ut once.
MT. HARRIS said they could not settle II to-day.
Dir. TRrMBuLL thought they could. .tE
Mr.. srxxSR was sorry that Mr. Harris proposed 70
Mr. HARMS replied that no proposed to do no such
thing.
Mr GRxRs (rep) OF Iowa. thought they could 20 into
executive session and roer the nominations TO the appro
pfIate committees. This would expedite busincss.
cuasicn.
Mr. SUMNER would not in.erpose objection to thas
ing the to be taken The question whether they
would obey not To into executive session before
taking the oath was disregard the law OF Congress.
The Senate went into executive session.
When the doors we're opened, Mr. DAVIS resumed I'll:
the qualifications Of members quaincaons could
not be amended by law or interfcred with. BY what
mr. surnner) prescribe the condition upon which Sens-
tor should continue IN his scat when he presented
Suppose Senator should refuse 70 take the new oath.
would this body expel himY lf 80, for whlr He
Within he Which sSsr
House to cype member He could net DO expelled
in accordance with fagous, arbitrary and yrancal
rule.
Mr. suT said this question involved the great ques-
ton Of obedience TO the laws How could we extect-
dscusseds
him IL the very first instance. II the gentleman would
have the kindness TO listen he would end an answer
law; for II VIC set II aside would not the other
House follow tho exampIea How could expec'
tho other departments obey tho law neglected ny
Tho said that hereafter every person elected or
appointed TO any Office Of honor emoumcnt, either
service except the President Of tho United States shall
before entering the duties of his oce and before he
scribe TO the said oath affirmation, which said OATH
aken shall be preserved among the records Of Congress
or OF the department 70 which IL appcrsans lie denied
the propositions OF the Senator from Kentucky that tho
new oath was unconstitutional, and that imposed test
oath Nor did Il impose additional qualification. Tho
oath now administered was not In form In the text OF the
constitution. u found in q supplemental net.
The same objection was made TO 1t when It first
proposed. Dut the oath was the that required
BY the constitution In its oboct character and SPIRIT
and nothing else n this test oath thon that TO
support the constitution test oath But II Q
test oath. For himself he desired take It, well
other sens.ors in order to qualify himself required By
Mr.. DAVIS replied that IL tho oath was ia object
character ana spirit IKE tina. 70 support The constuton
power 10 administer the oath second timer
Mr. SUMNER, knowing the loyalty OF the Senator,
thought ho would rejoice 70 take tho oath.
Mr. DAVIS wished he could return the compliment He
had no doubt that he was a more loyal man than the
Senator from Massachusetts He further argrcd agan
the adminst,a alton OF the proposed oath
Mr. TRusWrlL said this was not the tribunal TO which
20 appeal we having nothing to do but to comply with
the law You talk about sotasg a. defiance law which
Congress has passed.
Mr. DAvs-It IL no law.
NJ. TsuaWLL-was the gentleman going TO pass here
the constituionslty ofthe lsN7 We might here say
that the Senator from Kentucky shall not speak moro
than four four,hs of the time and the Senator would
have 10 abide by H. All the judges oek an oath IN add
ton 10 that 70 support tho constitution Tho Senator
from Kentucky, member OF the Kentucky legislature
took oath not only 70 support the constitution OF tho
United states but the constitution Of Kentucky How
could lac do THAR
Mr. DAVIS replied that the constitution Of Kentucky
quircd IL. ,
Mr. TRuxpuIx asked him how be could do that accord
ing principle he had announced here 70 deoaies
We wanted no new rule OF the senate We made law
which required certain oath 10 no administered and IL
was the duty Of the presiding officer to admins 70
any who woud take IT,.
The pyysIpvxr pro te sfr Foot said he prepared
;, take the OATH called upon Mr. Foster TO administer
u, which he did.
The oath IL as follows