April 22d, the Committee to whom were referred the papers touching the disloyalty of Mr. Stark reported that “the Senator from Oregon is disloyal to the Government of the United States.”
May 7th, Mr. Sumner introduced the following resolution:—
“Resolved, That Benjamin Stark, a Senator from Oregon, who has been found by a committee of this body to be disloyal to the Government of the United States, be, and the same is hereby, expelled from the Senate.”
June 5th, Mr. Sumner moved that the Senate proceed with the consideration of this resolution, and explained it briefly.
Mr. President,—The Senate will observe that the resolution declares that the Senator from Oregon has been found by a Committee of the Senate to be disloyal. Now, Sir, I have no desire to discuss the facts of this case. But, in order to exhibit the urgency of this question, it is my duty to exhibit the conclusions of the Committee, set forth in their Report, as follows.
“1st. That for many months prior to the 21st November, 1861, and up to that time, the said Stark was an ardent advocate of the cause of the rebellious States.
“2d. That, after the formation of the Constitution of the Confederate States, he openly declared his admiration for it, and advocated the absorption of the loyal States of the Union into the Southern Confederacy, under that Constitution, as the only means of peace, warmly avowing his sympathies with the South.
“3d. That the Senator from Oregon is disloyal to the Government of the United States.”
Of these propositions the first two had the sanction of the Senator from Virginia [Mr. Willey], while all three had the sanction of the rest of the Committee, being the Senator from New Hampshire [Mr. Clark], the Senator from Indiana [Mr. Wright], the Senator from Michigan [Mr. Howard], and the Senator from Ohio [Mr. Sherman]. Thus, in a Special Committee of five, raised expressly to consider this case, raised, too, after protracted discussion in the Senate, four of the Committee united in all the conclusions of the Report, and the dissenting member united in the first two conclusions. And this Report is, if possible, entitled to additional consideration, when it is known that the Senator from Oregon himself appeared before the Committee. On these accounts I accept the Report, and do not wish to go into it or behind it. It is with me the solemn verdict of a jury duly impanelled for the trial of a cause.
But if the Committee is the jury, the Senate is the court; and it remains that judgment should be entered.