The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-01-26
THlRTY-EIGRTH CON GREss.
FIRST SESSION.

THlRTY-EIGBTH CONGRESS.
YIRsr SESSION.
Senate.
WASHINGTON, Jan. IS, 1904,
Mr.. Richardson, (opp Of H.. appeared to-day for the
first time.
TEE EXPULSION or Mr.. DAvs-1nx coxxirrR DISCHARGED
On motion, the Committee ON the Judiciary were dis
charged from the consideration of the resolutions Of Mr.
Davis, and also from the consideration Of the resolution
TO expel Mr.. Davis.
THE RECIPROCITY TREATY
Mr. DooIirrE (rep.) Of Wis.,, presented the memorial
Of the Chamber OF Commerce Of Milwaukee, praying ol
such action viii new treaty between Great
Britain and the United States on such principles q reel
the present treaty. Referred 70 the Judiciary CON-
mittee.
Mr. SUMNER, (rep) OF Mass, introduced bin supple
mentay TO act entitled ian act 70 prescribe an oath
q os a1d Or oseT Ss l.
Supreme District and Circuit courts Of the United States
and tho Court Of Claims OF unless they first take
the oath prescribed in the act OF 1862
EIE rioSs IN KENTUCKY AND MISSOURI.
On motion Of Mr. POWELL, opp ., KY the Secretary
or proclamations concerning elections, issued By mill
tary authority the States Of Kentucky and Missouri
Mr. wnsos, (rep) or Mass, offered a resolution that
the Committee on the Conduct Of the War be instructed to
inquire into the character and efficiency OF the heavy
tons the amount OF royalty paid and to whom the
OF patent for their manufacture the tests to which
the reasons for believing the tests what pro-
portion Of and land ordnance rifed when rfed
guns were introduced the cause Of the delay pertain
ing thereto.
INVESTIGATION THE NAVY DEPARTMENT, Erc.
On motion Of Mr. HALE (repl OF n H. his resolution
pertinent referred to select committee OF three
Mr. HALE gave statistics Of the annual expenditures Of
marx. They amounted last year to ono hundred and
thirty million dollars 80 that called upon
TO spend this year more than the combined world with
the exception OF Italy and Denmark The expenses
OF England and France during the Crmean amounted
to three hundred and city million dollars for period
spend forty million dollars more per snnum than this.
On motion OF Mr. HALE the the matter referred to
special select committee Of three with power TO send
FOR persons and papers
The committee consists Of Messrs. Hale, Grimes and
Buckalew.
THE SENATORIAL oA1H-MR. BAYARD's CASE.
On motion Of Mr. SUMNER the Senate proceeded TO the
Of the rule requiring Senators to take the
oath.
Mr. SALISBURY, (opp Of Del, remarked that the i'm.
porance Of the decisions Of the Senate did depend
dera,iOn Of those which might hereafter arise was
conended that the act Of July H. 1892 applied 70 Sena
tors and Representatives he could conceive OF bus
object which the friends OF the measure had in
view in Tits passage-the exclusion or the States
In revolution from representation In Congress. II
must be considered as the rankess disunion
ists because to exclude any one who had
clude those States from representation in Congress- and
no other could properly represent the consttu
tion to show that the Senator not officer under
the United States government but representative OF
the government, which body was part Of the govern
Madison the nature and powers Of our government,
and commended that the act OF July and the proposed
not federal which be denied claiming that the govern
ment was chiefly federal and only in part Rational.
he sttrouted tne opinions OF those VINO were
n nj hQ
fundamental principles Of the constitution. II
this oath were required the Senate might require that
member had the Helespon looked in at the
Of vesuvus split rails 10 Illinois that person ap-
plying here had voted for Mr. Lincoln. would continue
would depend upon the caprice OF partisan within and al
tation. Mr.. ColIamer's argument, he said was based
% ns s .nI no aH o.
act prescribing the oath He showed, by citing from
Hamilton how our wise and great men Of the past had
been deceived in reference 10 tho practical ope-
ration Of our federal system. Hamilton thought the
state government would be . perfect security
against the encroachment Of federal power He tMr.
Salisbury from state that nrst 70 adopt the
federal constitution. Under the influence Of federal
power had been practically bOtted out The fate Of
row. Shall the constitution DO preserved the rights Of
.rsIzed federal authority This Is the issue resulting
from the Developments Of the present time II is with
the people themselves to decide they were worthy Of
their foreathers they will preserve their heritage
Mr.. SIMMER said this was not question OF the
passage Of the statute but question Of the enforcement
prsed that much discussion had arisen He had vindi
Gated heretofore the consitutionaty OF the statute He
length 70 give history Of the passage OF the law aud
It's application There could be two opinions about
the necessity Of such rule He argued that Senators
were civil officers under the rule as they were neither
navy military.
Mr. DooIrrTIs agreed with the Senator from Vermont
r Foote that there was no occasion for such action on
the part Of the senate the establishment OF this rule
Mr. JOHNSON, (opp.) OF Md. would sacrifice as much
and 20 far as the farthest In crushing the rebellion
nd 10 AR n
seeded States but he would not sacrifice the fortunes.
the interests and the lives Of the loyal States In Of
subjugation He would not annihiate four or five mil
lions OF Whites because he believed TO be unnecessary
In this Mr. johnson proceeded TO argue at length
OF the rule reply 10 the remarks Of Mesrs. Colamer
and Sumner.
Mr. DoolrrH said the resolution Of Mr. Sumner would
not affect Senator Bayad the chief object the former had
In view The Senator had already entered upon his
duties and be disqualified the question Of his
the law defective because II prescribed form Of
oath, this body had power to modify Il. Had the
for having letter Jefferson Davis Presi
dent Of the Confederate States OF American We have the
successors He had fear that the leaders OF the
beon with hands red with loyal blood would creep In
here. When the military power OF this rebellion
crushed-and he believed IL would be-these leaders
will call upon the rocks and mountains 70 hide them
despotism When the shackles shall fa from the pso.
pie, their leaders would fear them ~ they would the
wrath TO come. He believed there was large mass OF
the Southern people who forced into the rebellion
by Of who yearned for return 70 loyalty and
Union and be would welcome them with open arms and
heart, and he would have mercy for those who. by
she exercise Of despotc military power had crushed
them under despotic yoke. In his state there was
Unversaat preacher who occasions before the war
used to express disbelief in the existence OF hell and
future punishment He went 70 the war as chaplain
and when he came home, addressing the people, in
speaking on this subject, he spoke Of the crime Of
the leaders In the rebellion as greater than any
ever created on earth, be said:"Fclow citizens you
kna~ has nusnu ks.s
to belief 10 hell military necessity (Great
aughter He would 60 as far a. the farthess punish
and hereafter the leaders OF the rebeon but for
the people, bowed down under despotic power he had
sympathy and he not ashamed to avow il here or
elsewhere aud he would have this despotc power broken
and the hearts OF the Southern people allowed break
into patriotic love for the government which had never
done anght 10 oppress them We were living In an
eventlul period. Grand were the revolutions that
had occurred the countries OF the Old World, and
| much a. had been done 10 shake on the
letters bgotry and despotsm-grand % was our own
Revouton-there were grander nov occurring The part