Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1864-02-05
ExcLuuovorRsBELs raourgFsry1rF
SPEECH or HON. JACOB CofIAMER

IN U. s SENATE, JAN 20, 1864
MT President the question which demands our atten-
ton At the present time the legal feet the consttu.
onA force aud the regular operation Of certain alta
tue law passed In 1852 requiring members Of the Senate
70 iakc certain oath prescribed therein before enter.
ng upon the duties of their office. The rule now pro
posed Is TO require all members falling within s opera
ton, that H. those who have been elected since the pas.
sage OF The act to take that oath before proceeding fur
thct IN their duties.
In order understand PROF erly the true intent and
meaning the purport and object Of statute IL is
sary aud proper to take into consid, ration all the con-
icmporsneous egislaon m par natcrta, all relating TO
that subject, passed In about that time bearing unon
each other think that large proportion Of the re-
marks of the honorable Senator from Delaware fMr
bAYARDl have been made in disregard Of that rule IL
is also old rule " law that when we desire 20 ssecr
tain the true meaning Of we are to take into
consideration tho old law, the mischief and the remedy
the old law asst existed the mischief that existed I'M
,empated.
Ia 1902 at the time Of the passage Of this act there
we're variety Of laws relating this subject Of treason
aud It's effect upon this Government The ATTEMPTS to
remedy were all begun in their ncipent stages indie.
pendent Of each other Some Of them were passed at
one period and another Some OF the statu,rt
which we're commenced first ultimately passed after
mauy others hat were commenced Afterwards but in
sscerihnng their purpose aud putport take Il must
look 70 them \ az IN pari Bateria.
Now What was our trouble which intended in some
measure TO be corrected by these laws this one among
ne Others do not intend 10 occupy great deal Of
time In undertaking description OF our condition At
that Time Up to the year 1861, aud for months
IN that year men occupied seats In this Senate aud in
the other House. but especially in this Chamber. who
dscained all allegiance TO Government who claimed
the right 10 disnenber that Government a. constitu
tional right who foot plans to execute these pur
posee and who openly declared such be their purpos
es lhey we're body Of men distinguished for ability
domineefng over the party Of which they in great
measure majority and which rarity the dominant
party Of the STATE They did this dshAntly menacingly
supercllously. This the arena which they put
forth all their gladiatorial Efforts of treason
! The time finally came when those departed from
THIS Chamber and from this city, Catiine did from
homf to go into the country and carry into effect by
blood the conspiracy which they concocted They
did 20, and soon learned before the year 1862 that
thci did put In operation these their combinations and
that thc hands red with the blood of our people
The question at once arose in this body how can this
country be secured against the repetition Of his Those
men, and men like them. mus. be put Of this body
and they must be kept Of this body other course
could secure the country. Whenever the opportunity
occurred, whenever the majority obtained BY those
whom they had left here aud by places which were
hlied ey the people those men were expelled from the
The next question IS how are they 10 be kent out 7,
Is clear, s-t is not necessary that should take IN
your time IN proving theiif the interests Of this Gov.
eminent be put into the keeping OF 10 m who
their cnmity 10 its existence and who boldly uot
its destruction, it Is utterly impossible that that Gov
eminent can long exist II men Of that character and
mea OF that conduct can have seats ard retain seats
here, then there is end Of this Government Ii the
Constitution i, famed that is subject tins nnrm
iy ineurably 1t is an abortion, 1t Is total failure and
Il any construction can be given TO this Consultation
which, in practical application, produce this effect
sion is.
Such was our condition aud such were the demands
upon us became necessary to Inquire what was the
mode " ion 1t quite evident that the king
OF an oath TO support the Cohs uton did amount to
any correction All those had that oath on them
and it furnished sufficient security The Constitu
tion provided that should have certain qaAlifcA
tions in order to be admitted Senator that he
should be thirty years Of age, citizen Of the United
States for nine years, and resident OF the State elect
ing him II no other qualifications disqualification
could by any possibility be framed and consutuuonally
executed, then those were entitled have their
seats here If they could but get here and IL entitled
take them, entitled to keep them The question then re-
turned directly the mind Is is ii that such is the
Constitution Of this Government that YOU can have no
other qualifications or disquahoatons than those men
toned in the Consttn.uni II you have no others, !
then clearly it was subject to the indrmty Of which
have spoken.
The honorable Senator from Delaware seems to sup.
pose al the way through his remarks that have
deraken 70 create new disabilities by the form NJ the
oath which we have prescribed and all his argument
been confined to that, leyeed L. the form Of that law
All ms OBJ eons are made 10 that law, as II that law
aed made dehnentew qualifications disggaihcatiuns
There is the great mistake. will undertake to show
that that statue does not contain any provision for
qualification never made for any such PURPOSE
that the disqualification which exists Of which that tat
ute speaks created by entirely ndep ndent aud
different law passed at the same SESSION. and iheIcfre
pari mafeya this subject OF treason and that the
alule regard to the oath is merely snciary, auxii-
ny, aiding the body ia TIE carrying into effect Of the
her independent law which created the disability |
wish to call the attention OF the Senate law to
which have alluded not the law which is charged by
he senator with creating the disability, but the law
which actually did create IT,
Mr.. President | ask again what the trouble
which eNsed' II was nothing more nor less than this
hat, as viewed II, who traitors here and
rators in the field against might have seats here
md thought that thnse should be, II they could
e, disqualified from having seats here We found upon
ookng at the existing statutes that the punishment for
ieasun, the crime Of treason, Deing itself defined in
Constitution, was death, no othet l. is very that
man ia executed 1t generally dsquahes hun from
folding ocei but there seemed to be no other way 10
Jet him disqualified under the thtn existing law except
y having him executed. 1t hardly To be exteeted
hat we should ever be able, however successful We
night be, TO bring 10 Trial and execution will not
va hundreds, but thousands. There were variety Of
de atoms which entered in great measure into the
hanpe Il the law Tor the punishment Of treason IL
changed and wish call attention to it as il was
,a.sed in july 1862 and it provided
"rhat who shall her, aer commit the crime
hsrr ssil saisl death and ali bs slaves, 4 any, shSe
declared and made free % At ls discretion Of hs court he
es man sioSoo add Ill NJ Save # sbaI be des.q
ps nss re ssd me hs be Levied aud gose'.H on any
i committing crime any sale conveyance 10 The
nT r .a 9a1,sr rad That II any shat.
taiTr ne.s &c. on loot 81 sss ~ e9gSs ~ any rebel
,g o b s sba Eve % % eS%
S5Ay 10 or s sd sSa oSni y. s saSe N'PS rebel
s, Is p19ses 5D f n s0t ,1eSsds
o. AZ hii ssfss Sny f ns ~ an " ~ pom Of 'A'd
',s5a a1d Ssa ls,,Ar s.sslsd That every guilty
incapable and disqualified to hold ONCE under United
There was the law that created the disability; it was
not the law about the OATH Another thug you will OBJ.
Mr President, that II disaeced States could send
here opposed TO the existence uf Government
and who desired its Instruction. and Il those men could
one from the battle field Of yesterday, cit here to-day
and couniound councils and the battlefield
tomorrow what would be the consequence? These |
men, we well understand, could never be convicted in /
States thus sustaining them and therefore IL we
wait for their conviction could be dis bused
N them in the Senate could be expurgaed Of hem
This law not drawn so as TO provide that II a /
hall be convicted Of treason he shall be disqualified
hat is the expression. II intended and made
or the OCCASION 1t is that every person guilty Of Ell
her Of the ohense described in this shall be forever
incapable" The is incapable il he is guilty Of the
disaHected State which would send traitor here
would be likely convict him aud II we could
disabused and freed from persons Of that kind to
ound councils il is clear that this Constitution AID
his Government mus go to ruin. Hence this Law was I
irawn, Intentionally drawn in that way, What is the ef
ect Is there anything unconstitutional in II
The honorable Senator from Delaware produces 20 us
he decision in New York in the Of Jacob Barker
gains the People Of the State decided in their supreme
,ot aud carried their Of aud there affirm
d. and he subscribes to the doctrine OF that decision
ind produces l. sustaining himself The decision Is
hat a State by ts Legislature has right
ncApRcy hold office, disqualification for office, as
punishment Of crime, and the Senator admits that Con
yress by its legislation may do to Offices under the
United States. The Senator says that says so
ind II this country is without that power IL is shorn of
necessary TO its existence. But there is nothing
rev in that. This is not Of that kind. Since
he early day OF 1899 have had statute book
law that man guilty of bribery in our courts should
disqualified from holding any Office under the oyern
nent In 1858 We passed law that IL found
guilty Of bribery merely in court but in regard
my matter connected with the Government any where
should be disqualified frcm holding Office under the
Government Recently there have been number Of
ta.a fu ra.fhfu in gtula in