“Which said oath, so taken and signed, shall be preserved
among the files of the Court, House of Congress, or
Department to which the said office may appertain.”[289]
This oath was popularly known as “the Iron-Clad Oath.”
* * * * *
On the organization of the Senate, March 4, 1863, being the
first organization after the statute requiring the oath, it
became necessary to consider its applicability to the Senate.
Debate ensued, which can be understood only by a preliminary
explanation.
The Senate was organized, in the absence of the Vice-President,
by the choice of Hon. Solomon Foot, of Vermont, as President
_pro tempore_. The oath to support the Constitution was
administered to him by Mr. Foster, of Connecticut, but the
additional oath was omitted. The President _pro tempore_ then
proceeded to say:--
“Senators elect and Senators whose term commences under a
reëlection at this time _will receive the oath of office
in the order in which their names will be called by the
Secretary_.”
The Secretary then called the names of a long list of Senators,
who came forward and took the customary oath. But the President
_pro tempore_ did not offer to administer the additional
oath; nor, at the time of qualification, was anything said
with regard to it. After the conclusion of the ceremony, Mr.
Trumbull, of Illinois, said:--
“I desire to call the attention of the President of the
Senate, and of the Senate itself, to an Act of Congress
approved 2d July, 1862.”