New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-01-22
xxxvrEI,h CONGRFss.. .Firs, Session.
SENATE. .WAsHiNGTos. Jan. 81, 1864.
TIE TAX ON TOBACCO.


per cent on leaf tobacco made at the instance Of tie
Committee OF Finance. Mr. Newton is adverse TO the
tax Referred to the Committee on Finance.
TIE ADDITIONAL OATH.
On motion Of MIR SINNER (Cn., Mass.). all prior or
ders postponed and the Senate proceeded TO tle
consideration OF the proposed rule requiring al add
tional oath.
Mr.. JOHNSON Con. Tn. Md proceeded 70 address
the Senate IN these propositions: Did the law 81 Juy
1862 requiring The oath to be taken by ofc rs
senators II il did was il coBstituilonalf II u ne
came operative, was Il proper and eXpcdent Heccn-
tended that the Government derived lis powers from
the Constitution. II had no anterior existence. The
abscnce 81 the delegation Of the power in the COnstin-
tion the restriction Of the power under The
State Constitutions bornd 10 show the existence
Of this power before attempt to exercise IL. Did
the act of loC2 ellcrace Senator'S lie commended that
il did not and quoted various Authorities IN support OF
the argument that Senators were not officers within the
meaning of the law The Senate only had power 10
expel by two. birds vote and not by impeachment.
No two Senators agreed this floor in regard
TO any question ard every Senator lad right TO his in
diydua opinion subject only TO the law, civil and criIn'
inal He coniended hat Senator was not civD OLD
Ger under the language Of the statute. The Constitn
non rOsld,u ta' no senator snouo No appOntN' 20 u
civil Office duIing his term The Interpretation put
upon tie satnte word be absurd because these Sen
atOrs would hold Offices while they were on The toor
Senators ard Representatives were only responsible to
the legislatures and constituencies Of their respective
States. The Senate was body of men aud so was Tie
House and they derived oil their power not under but
hy the Constitution, and held their senrs subject 10 M
other part Of tie GOyernman except they are made 50
by The ConSii ltlon. Neither the President nor tie
other House had any right question the acts " Ire
Senate because 1t would De a eOeTcFe power. Inc
argument Of the Senator from Moss achusef's be
sidered unconstitutional and uisch.cSous The States
were not 10 De reduced 20 Territorial Governments To
come back into tho Union at such time and In snch
manner rs Congress might elect. There was nothing
IN the CouscaiiOn law II tho LIST OF july 1862 ~ sup
pot the law Of tie 2d Of July 1902 under which this
rule is proposed 10 be applied senator's hr. johnson
proceeded at longh 10 explain TIE decision Of the
ChicfJustce in the OF Mccullough IS. Maryland,
quoted by NJ. Anthony yesterday lie contended that
/ onUlv q
power To establish United states Benki II mal
were loyal now, and took tie oath would you tn. HIN
ort ard ndic him TO- perjury because lie Led at some
time tie past committed the oerse Of treason' He
would say not. Who knows but some u the senators
Who had only taken the oath prescribed IN tie COnsttn
tcn could not he relied upon and had committed at
some tire Olenses against the United States Tic
war now upon Us was wRged under the COnstitu-
lion for the suppression Of the Spirit OF rebellion
that wonld overthrow T. IL was 70 Dr. linz
tied 20 the specific objects for which II was
intended. Did we want tie States back Did We
want the terminated, and this slaughter to cease
Did want sound II ternnl relations 10 De Restored
and former prosperity revived and nrton 10 be
placed in the front rank of the nations Of TIE earth
Who wogd not say Yes" Can We set the seeded
States back by measures 20 keep them ont Wcs tue
purpose Of this act OF Juy to Say 10 the people OF the
south Men, women, and Children. You are out OF
the Union forever and that they should be slaughtered
their thresholds unless they come in. This was
not the view taken in ls62 when the act was passed
The people Of the South when the military power Ofe
Rebellion .ubdged. would again come into TIE ioid
OF tLe mon NlNtT TIC VI tue
amnesty proclamation Tie socia conditions Of the
people Of The South had mueh to do with their present
CONDITION What = spectacle II would Ne 70 zee SIX
millions Of people thrust Out 90 TIE pale OF the Govern
ment Of the United States. But il would DO indeh-
nitcly worse 10 bold proud and sensitive
people such Slavery this would be- He was opposed
- placing the negio on political equality with he
white greater evil 10 the slave than the master.
What man would Lot suffer death Thousand tines
Such degradation not necessary the crushing Of
the Rebellion ard the restoration Of tie Union. The
day was fist approaching 4 the power Of ne Govern.
power Of the Rebellion would be crushed end he poo
pie OF the South would share ~ heart vel az In ded
the blessings Of restored Union In the language Of
Webster; p" This Government OF our was not Goa
solidated but united. one" NOT
"Chaos.ike tegeber crushed and bruised,
Ies. lac DE weIa A.laenlously confused.
Aud though ali thing eiaer al asTcc'
NJ HOWARD ON, Nioh.) thought this wa, simple
proposition that every senator should heieser take To
oath or be e1onded from this body II was rather late
IA fhe day TO say ihat we're doing griesons wrous
against p. whose hands we're Ied Win INC blood 81
innocent 10y al people when fiu ply ask them or their
representatives. when they pTeson themselves here 10
take such an oath as this. Admitting TIN, Senator
was not a ciyl officer does II follow that ne ~ not EN-
braced In the statute. They obtain Their orc: p!
Is not the President 81 cited Upon what principle DO
the learned Senators from Delaware ana Maryland cor,
tend tina, this sarte may not sppiy 70 ~ 80
fidelity required BY the oath under tbls statt.e, we
Constitution would become "a dead letter. Its Vita
blood would he gone With this IL would endure fofeN'
or The omission ~ the particular form 0f the
oath in tie Constitution plainly gives the Senate
power 10 establish The Senate was not 20 be more
nbecile than a court II justice md We had hight 10
90 back and inc ure into the anteceden5 OF perhgn
who demanded admission into this body. IL In tie ~
re eases Of Injustice should arise under TIE rule ne
Senate e0uld repeal The law. In such case II would
chceIf.y vote for IT, Sufficient FOR the day was ne
evil thereof Tho people a the NORTH were not suca
fools rs TO 6gh such ~ tbis, and sacrifice i'V
or 200 900 lives and then turn around ~ the traitors
and tell them ~ back and DIT IN the couucH %
tie nstiOn. lie would never consent - such weakness
and folly.
Mr. FooT Un., w would alone discuss the question
Of the expediency OF the proposed rule where vas tne
propriety OF incorporating into the rules OF me Donate
an obligation which the law Of ally lo62 iiseA hfeaoy
iluposed The law In itself sufficient ime
rule OF the Senate could not make the statute any
stronger than II was There precedent for tie
rule II implied that the law was detective and there
no necessity Tor H.
The amendment Of Mr.. Powell waS rejected by vote
Of IL y cas- against - Nays.
On motion OF Mr.. DooIIuLE (Un., WEI the Senate
az iourned until Monday Mr. salisbury Q)ein., LeL)
being entitled 10 The door on the pending subject
HOUSE OF REPRESENTATIVES,
RrPUsAL TO ADJOURN OVER.
The House by a vote OF 81 against ~, refused 70
adjourn until Monday.
4 SEw COMMITTEE.