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.”
Then, reading the Act, he added:—
“I do not know that any motion in regard to it is necessary, further than calling the attention of the presiding officer and of the Senate to the law.”
The President pro tempore said:—
“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.