Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1864-12-29

Dsfut lad no representative this body Sir, We are
all the representatives of this District and are bound by
our oahs to legsate in good faith for their welfare ana
in nv opinion every loyal citizen OF this District would
thank Congress for the adoption of any calculated
to drive from their midst aders and abeors OF the rebel
lion La my opinion this resolution ought to pass think
law on this subject ought 10 be enacted but am con
tent TO leave that question with the committee appointed
TO take the immediate overnight OF Inc interests OF Inc
District.
Iowa question Suppose his resolution should be passed
and an nhabtan this District should refuse to take the
prescribed OATH what does ne propose to do IN sueh
as that?
Mr. HARLAN / think the Senator from Delaware
msapprehends the whole purpor of the resolution lt Is
resolution of instruction. nsructing the COMMITTEE on
the District of Columbia to inquire into the property and
eIpedency of such law and that is the whole OF IT, III
they should report bill the subject and the question
should then pertnenty arise which has been propOunded
by the Senator should take great pleasure IN attempting
to answer it,
Mr. SALISBURY The experience of Senators in this
body shows that when inquiry of this character IS d.
rected the committees generally report IN accordance
with the suggestions contained in the resolutions directing
the inquiry The Senator suggests that this only an IN
qury and that harm result from IT, For myself
believing that report of the character that ne wishes
made will be made, and he himself says IL Is barely
possible the committee will not report favoraby have
felt il my duty to oppose the inquiry The commit
tee report bill upon this subject that will not be IN
violation Of the Constitution Of the United States Ii the
committee report bill saying that oath OF this chaac
ter shall be administered to every inhabant of this DIE
trct and to every person doing business in this District
they must provide mode of compelling the party TO
take in case of refusal Now, what is the Constitution
Of the United States and wherein would bill with any
penslty-s penalty for instance of removal from the Dis
trct in of noncompliance with lt-be vloatVe OF
the Constitution? In this respect the Constitution pro-
vdes that
No person shall be held for capital other
wise infamous crime unless presentment or Indictment
of grand Jury - " ner shall he be compelled IN any
criminal to be witness againe himself or be deprived
of life liberty property without due process OF law
Now apprehend it will be very difficult for the Dis
trct Committee to frame law allowing trial by jury for
the purpose of compelling person to take the oath
presume the punishment would be more summary than
such could be administered by court upon conviction
by Jury 1t might be expectation from the District and
that would be depving person of his liberty without due
process OF law 1t might be taking away his property and
clearly that would be violation OF the Constitution
The question being taken the resolution was passed by
the following vote:
YEAsMessrs Anthony, Clark, Colamer Connsss, Dixon
Farwell, Foot Foster Crimes Hale Harlan Howard, Lane
of Indiana, Lane of Kansas, Morgan Pomeroy Sherman
sprague Sumner, Ten Eyck, Trumbull, Van Wnkle, VII
kinson, and Willey-2i
NAYs-Messrs Brown, Buckalew, Cowan, Davis, Hen.
derson Hendricks Johnion Powell Richardson and Sauls
bury-lO.
ABsEET--Messrs. Garlic, Chandler Doolts Harding,
Harris Hicks Howe McDouga Morrill,, Nesmh, Ramsay
Riddle, Wade, Wilson, and Wright-l5.