Year: 1862

70 q seat IN Inat DouJ.


The following resolution pending :--ET


ResoIred, That BE&JAAIS STARK, OF Oregon, eppoin%
ed Senator oftat State ny the Governor Thereof now
charged with dsloyaty by the adayts many citizens
Of Oregon and also by letter addressed TO the Secretary
OF State and signed by many citizens Of Oregon some Of
whom hold public trusts under the United States NOS
entitled to take tie constitutional oath cf ofce wthoGI


previous investigation into the truth of the Charge


Mr.. WILMOT. Mr. President, suppose
it is proper to come back again to the question,
which understand to be this The gentleman
from Oregon presents himself here claiming
seat as Senator he is met upon the thresh-
old By representations from very respectable
sources in his own State, declaring his disloy-
atty The point is, whether we shall admit
him without investigating the matter L. may
be proper to attempt definition OF dtsioyaity,
as il is called for by my colleague. If / shall
say that it is unfathfulness to the copntry aud
TO the Constitution, he may require de6ni-
tion of that bat substituting the word . un-
faithfulness' for disloyalty," he understands
it-every gentleman understands it. 1t is in-
fdety to the country. sympathizing with and
adheripg to and supporting its enemies not
by overt acts which constitute treason, bat
by open expressions Of sympathy and adhet'
ence aud support. We are not now trying the
question of the loyalty of the Senator from
Oregon We are merely determining when We
shall enter upon the question My colleague
aud other Senators here, say they will enter
upon it, if ever, after be shall have been ad-
mitted to seat; then they will try the ques-
ton of whether he be a loyal man or whether
he be not If understand, that is the posi-
ton they take.


Now, sr, would it not be farce TO admit
=. Al; 1. la "A
al man q man that every one OF as was ready
to pronounce disloyal, unfaithful to the co0n-
try and TO its obligations as citizen to per.
NIT him to be sworn, and then to turn him
out 4? 1t most certainly would, in my judge
ment There can be no reasonable objection
to trying the question of bis loyalty or disioy-
atty here when he presents himself This is
not like the House of Representatives That


is a body that is disorgahized every two years;
for lengthy periods Of time, it has no organized
existence; aud if every member of the House
of Repre- GseHtatives were to be met by the same
objection, and it were first to be tried, the
House could never be organized. This body,
however, is in permanent organization it is
never disorganized and hence the distinction
between the action of the two Houses is clear
one, aud q very proper one. A gentleman pre-
gepted himself here to be sworn as Senator
be is met by representations of bis disloyaty.
Now, suppose the claimant to this seat were
admitted to this floor, and be shoeld as Sea.
ator in this body, assert what these respecta-
ble gentlemen say be asserted in Oregon, woald
you permit him to continue to sit here 81 [
imagine not imagine that not member of
this body would permit him to sit here loGger
under such circumstances, The simple qaes-
tion is, when will you inquire into the fact !


We do not by the vote on the pending prop
osition pronounce him disoyat; we know moth
ing about it, except from the representations
which are made TO rs and We propose now,
in the very outset, TO inquire into tie fact
and if it turns out to be true that he is disloy-
al that be is unfaithful to the country aud
to the Constitution, we than propose to refuse
him seat ia this body Certainly, il seems
to me entirely proper that We should de So
II be were admitted here, and bis disloyalty
were made perfectly manifest and clear, if he
declared here in the Senate the sentiments
which is represented that he proclaimed in Or
egoD, mos. certainly the Senate would expel
him there can be doubt of it. Then are we
to admit man for the purpose of going thro'
the form of bis expulsion My colleague
says we do not try the religious qualification
of a man; we do not try bis intellectual quail
-ficatioUS- ."--E -Gf -.9. .rr..r


Mr. COWAN Will my colleague allow
me to ask him whether there was any motion
made in the Senate to expei jefferson Davis,
Robert TOombs, and divers other gentlemen
who talked infinitely more mischieVous taIA
than all that is,aileged against this gentleman.


Mr. WILMOT The Senate then bad
really 10 power to enforce any sach exput-
sion. H


Mr. COWAN II seems to me that it Was
the duty OF somebody To try.


Mr. WILMOT My impressios is that
some motion was made With that view; but 10
matters not When the Senate was poRerless
to carry out its purpose Of expulsion, the fact
that it was not done furnished certainly no ar
gament that the Senate has no power to do
It, Are We to be the victims of any and every
mans disloyalty On this floor Is every man
here privileged TO rise in the Senate and de-
clare that in his Judgment ours is not Gov
ernmeut that the true Government Of this
country is the government Of the confederate
States, that Jefferson Davis is its true Presi-
dent, and that he stands ready TO sacrifice his
life and bis property in tSe maintenance and
support of that government Is any man st
liberty to stand up here and say hat II be
is have misconstr1ed entirely the Organization
Of this body and the duty of its members


NV, sir,as to the constitutional test Ny
colleague says that we do not try the intellec~
tual capacity OF the candidato. Surely not
neither at this or any other tine do We try is;
we are never privileged to enter upon it
Nor do we subject him to any religious test
either now or at any other time For ought
know it may be made perfectly clear that
the Senator from Oregon is entitled to his
seat but what contend for is that il he be
disoyal, if be be not entitled to bis seat, or il
,ha~o Aa ~rr nra~t;c~ ag fh rr;n. rma