Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1863-12-24

hn s. his State aud although ID these times it may BE-
considered that there are no such things States that
thsrs ought not 10 be any such things States yet the
ame Of this Government thought that there such po
htical communities States they recognised them pos
sessng certain rights and the Constitution gave them the
power OF appointing their Senators representatives moi
Of the mass vi the people but the representatives OF
their Stairs in the Senate OF the United States and all
the authority that they have to act in this body de-
rived uader the Constitution OF the United States IS
through the action Of their States and not through any
action Of the Federal Government any of ITS depart
ments.
But, sir will not discuss the question There is no.
thing unreasonable my proposition that this subject be
referred the Committee the Judiciary and that they
Inquire into this simple questionthat Is he only question
which the substitute proposes that they shall inquire into
whether Senator Representative is included in the
provisions OF the act referred tot
The debate was continued at considerable length by Mr.
JOHNSON, OF Maryland. and Mr. COLLAMER, Of Yer
mcnt in favor Of the reitTegce, aud by Mr IRUMBULL,
Mr. SUMNER. and Mr. CLARK against II
Mr.. BAYARD, OF Delaware, stid: Mr.. President did
intend aud do not now intend 10 enter into any dis
cusson oil this question; though perhaps the only
Senator who viii be personally affected at all by the ope-
ration OF the rule SEINE remarks have been made how
ever that TO be oaaded 10 oversight OF what has
occurred and therefore wish the acts to be placed right
ly before the Senate.
The law referred Ia was passed the ~ of July 1862
Ii went into effect that day the last session Of the
Senate of the United Sa'es Mr.. Field al New jersey,
Mr. Wall o New jersey, and Mr. Arnold, OF Rhode Island
Ill took their seats without reference to that law the
oath it prescribes, snd held them without word from
any Senator any objection 10 connexCn with it, until
the end Of their respective terms AT the organization of
the Senate at the present Congress Senators admit
ted /, their seats and in without reference 10 il
The question raped afterwards by the Senator from
Massachusetts SO far from there being five days de-
bate upon it, when that question was first raised made
a proposition 10 postpone IL until the pTesent sson
of what considered to be the gravity Of the ques
tions involved both OF which stated would have To be
decided declining to argue them then On The succeed
ing day oDy- think the succeeding day certaHy and
more-the debate was cut short by proposition under
which The motion for the rule was withdrawn aud the
luntsry action of Senators who present taken.
was not present only saw the report in references IT,
BY voluntary action they took the oath That they had
the undoubted right TO do But The question whether
was obligatory, whether In other words u included mem
bsrs OF Congress aud whether, IL included them 1t was
within the constitutional power Of Congress To pass such
a law was certainly not passed upon by the Senate.
Considering the action OF the Senate therefore, in suf
erng three distinct members of this body Ia hold their
for long pc RODS OF time who within the law
much any member be now; considering sso Its ac
ton in not making such question during the whole 1T the
last OF the Senate aud waving as II did by vOlun
tary agreement auy decision of the question ut tbs
mencement Of the called session took IL for granted that
the Senate thought the question had better be decided at
some subsequent time, became necessary 10 canse
quence of any member declining to take the oath. That
the state of the facts The opinions Of gentleman may
be made upon it, but il cannot be that every member OF
this body, especially the Senators who have taken their
only at Il have made their minds ques
tons like this Ny conviction is made up, and IL Il
because it is made up, and made up the result Of in
vestgation, that unwilling, without decison 81 the
Senate, voluntarily TO take that oath
l am perfectly aware that there are many men-some
from partisan feeling from personal disrus what
you wlwho will suppose that s want of patriotism in
me- and that will not take that oath because my acts
and conduct would permit TO takeit Sir should
be sorry that any ctable should judge Fl
think my past life aud conduct ought to be sufficient
answer TO that But can say without hesitation that,
barring my of the dangerous uBcoDs,itutoBaty OF
the law could take that oath without moneuts hest
taton readily any member Of this body That Is all
have to mean to say IN reference To that part OF
the subject The Senate decide for themselves whe
Their they choose refer this matter which ia the ordinary
course of action questions OF this kind whether they
choose to precptae action by requiring the debate 10 60
on without any reference tn report from COMMITTEES
on questions one Of which s certainly raised for the
rst time and the other raised and decided in terms
by the Senate sixty years against the law oil
1862 In terms the Senate 10 the case OF Blounts im
parchment on resolution popounded by those who IA
vored the sustaining OF the impeachment that Senator
is civil officer under the United Ststes decided that be
not by vote of Ia to H.
The debate further continued ny Mr.. McDOUGAL,
Mr. POWELL, Mr. TEN EYCK, Mr. SUMNER, Mr..
SHERMAN Mr.. DOOLI TILE and Mr.. FkSSENDEN.
Mr. SUMNER held that the Senate had never solemnly
aiiudeed thst the term civil officers does not include
Senator and that far the decision in the Of
BOunt bore upon that question, it was simply that Sc
nator was not civil officer for purposes of impeachment
But that not the present question The question now
is whether the words the statute were intended 70 en-
braced Senators
Mr.. SHERMAN read the law to show that there is no
such word civil 0fncer III H. lS ne sdiui
was very broad. 1t is as follows
every person elected appointed to any
Of honor under the Government OF the United
tates ,iher tie cip military, naval department OF
the public service, &c.
Mr. POWELL, in the course Of the discussion, read
part Of the record in the case Of Bount consisting Of the
following extract from the plea filed by Mr. lngerso and
Mr. Dallas, who appeared as counsel for Blount
That proceedings by Impeachment provided and per
m tied by the Constitution of the United States only
charges Of treason bribery other high crimes end misde
meanors alleged have been committed hv the President
Vice President any civil officer OF the United States in
their held under the United States
ppears the fourth section the econd article and the
seventh cause Of the third section Of the first article and
Their articles and clauses contained in the Constitution OF the
United States That although true u that he, the said
William Bount Senator Of the United States from the
State Of Tennessee at the several periods the said articles
Of impeachment referred TO- that he the said William
not Senator and s not wac he 81 the several pc
iiods afnreead referred civil officer OF the United
States is he the ssid wilam in aud by the i'd ar
Giles, charged with having committed any crime rlisde
in the execution Of any civil Office held under the
Uni ed Statss with any NAL conduct in civil Off
abuse OF any pubic trust IN execution thereof.
Such was the plea There was n replication to that, and
theeupon issue sned and upon that the Senate de-
cded the Of Blount 1t clear he said that the
Senator from Massachusetts, utterly mistaken about
tn issue in that case
Mr.. SUMNER ssid IL was perfectly well understood
that il trial Of Impeachment; and believe his
tory records also that objection to the proceeding by
liable to judged by his own body that the Constitution
hsd provided specific mode by which the offence Of
Senator could be punished that H. by expulsion from the
body that the proceeding by impeachment was super
hu6us
Mr.. SALISBURY, fupposing his motion to be missp-
pretended stated during the debate that he had offered
his amendment by Of substitute to the order If Mr.
~ a a..