“The Chair presumes it is sufficient to call the attention
of Senators to that duty, and that that duty will be
performed as required by law.”
Nothing, however, was done by the Chair or by Senators.
The next day, 5th March, two other Senators, Mr. Hendricks and
Mr. Sprague, came forward to be qualified. The Chair proceeded
to administer to these Senators the usual oath to support the
Constitution, but did not administer the additional oath, and
these Senators took their seats. Shortly afterwards, during the
session of that day, on a call of the yeas and nays, all these
Senators were called, and answered to their names.
Immediately after this call, Mr. Sumner moved an additional
rule of the Senate, requiring that the oath or affirmation
prescribed by Act of Congress of July 2, 1862, should be taken
and subscribed by every Senator in open Senate before entering
upon his duties.
On the next day, 6th of March, Mr. Bayard, of Delaware, who had
been absent before, came forward to be qualified. The Chair,
as in the other cases, administered the oath to support the
Constitution, but omitted the additional oath, and Mr. Bayard
took his seat. Afterwards, on this day, Mr. Sumner called
up the proposed rule for consideration, and objected to an
executive session until the question of the rule was settled,
as follows.
“Here is a statute of Congress, and the question is,
whether the Senate is going to set an example of obedience
to it or of disobedience; that is all.… If the Senate
now choose to go into executive session, they choose to
enter upon most important duties in disregard of an Act
of Congress which they have assisted in putting upon the
statute-book.”
On coming out of executive session, which was ordered, the
Senate proceeded with the consideration of the proposed rule,
when Mr. Sumner spoke in vindication of it, concluding as
follows.
“And now, Sir, as I conclude, let me say that I desire to
take and subscribe the new oath in open Senate, that I may
in all respects qualify myself for the discharge of my
duties as a Senator. Others will do as they please, or as
the Senate shall require. But I hope that I may appeal to
the Chair to administer that oath to myself, or to direct
that it shall be administered. With the expression of this
desire I take my seat.”
The President _pro tempore_ made no offer to administer the
oath, but said simply:--
“The subject is under debate.”
The debate was continued until the Senator from Illinois [Mr.
TRUMBULL] proposed that the Chair should proceed to administer
the oath, while Mr. Sumner expressed a hope that the Chair
would consent to administer the oath to him.