Charles Sumner: his complete works, volume 10 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 10 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The Chair did no such thing, but left the taking of the oath to the
conscience or will of each Senator. And though the statute solemnly
declares that “every person _elected_ or appointed to any office of
honor or profit under the Government of the United States … shall,
_before entering upon the duties of such office, and before being
entitled to any of the salary or other emoluments thereof_, take
and subscribe” the oath in question, yet the Senator from Delaware
[Mr. BAYARD] has not only “entered upon the duties” of his office as
Senator, but he has continued to discharge these duties, and to draw
his salary, although he has never taken and subscribed the oath.
Evidently something must be done to correct this incongruity, and to
rehabilitate, if I may so say, the Act of Congress. I know no better
way than by the proposed rule. But I have no partiality for this mode.
I am ready for any other proposition which will lift the statute from
the desuetude and neglect into which it was allowed to fall, and will
secure its enforcement. In the events at hand this statute will be a
safeguard of the Republic, and its enforcement here will secure its
enforcement everywhere. To the traitor seeking office it will be a
touchstone, while, with guardian force, it thrusts away from these
Chambers all those brutal enemies, who, for the sake of Slavery, have
helped to fill our land with mourning.
On the Yeas and Nays, the vote stood, Yeas 28, Nays 11. So the
resolution was adopted.
* * * * *
January 26th Mr. Bayard took the prescribed oath, and on the
29th resigned his seat in the Senate.
January 25th, Mr. Sumner asked, and by unanimous consent
obtained, leave to bring in a bill supplementary to an Act
entitled “An Act to prescribe an oath of office and for other
purposes,” approved July 2, 1862, which was read the first
and second times by unanimous consent, and referred to the
Committee on the Judiciary. It provided that no person should
be admitted to the bar of the Supreme Court of the United
States, or of any Circuit or District Court of the United
States, or of the Court of Claims, as an attorney or counsellor
of such court, or should be allowed to appear and be heard in
any such court, by virtue of any previous admission or any
special power of attorney, unless he should have first taken
the oath prescribed by the Act of July 2, 1862.
June 28th, Mr. Trumbull, from the Judiciary Committee, reported
adversely on this bill.
December 22d, on motion of Mr. Sumner, the Senate proceeded
to consider this bill, and it was passed,--Yeas 27, Nays 4.
January 23, 1865, it passed the House of Representatives, and
January 24th was approved by the President.
THE LATE HON. JOHN W. NOELL, REPRESENTATIVE OF MISSOURI.
REMARKS IN THE SENATE, ON HIS DEATH, FEBRUARY 1, 1864.
Public-domain text, read in full here on John Shaqi.
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