The daily union. [volume] (Washington [D.C.]) 1845-1857, 1849-03-15
THE UNION.

a. i Ill Ia
which ask be read for the information of the Senate
"At the commencement OF the term for which he was
elected
The resolution, as thus amended, would read as fol.
lows:
Rssoved That the election of JAMES SHIELDS be
OF the United States void he having been ci-
of the United States the OF years required
qualification TO be senator OF The United States at the
commencement OF the term for which he elected
Mr.: WEBSTER. hope that amendment, will be &C
ceped
from Mississippi, made the motion to postpone without
my knowledge and consent. or without consulting me.
now most respectfully request him TO withdraw that
MIR FOOTE | do so with great pleasure 1t is GER
tainy true that | made the motion of my accord,
without consulting the gentleman; | supposed him too
generous t. %1Ss the motion IN MS awa behalf 70
msconstrucon and therefore requested the withdrawal
of the motion. now, sir with the permission OF this
honorable body tender my resignation
Mr. HALE called for the reading OF the paper pre-
eRted by Mr. SHIELDS.
Mr. WEBSTER. 1t cannot be read at present now
move to amend the resolution pending by adding the
words suggested by the senator from South Carolina
MIR CASS moved to lay the resolution upon the table
Mr. WEBSTER asked the yeas and nays; which
The question being then taken the yeas Is, nays
34 as follows:
YEAsMessrs. Bradbury, ,Cass, Dickinson. Douglas
s3ue, Surgeon Turney, and Yulee-l5
ren, borlsnd, Bright, Butler. Calhoun, chs,s, Clarke
Corwn, Davis Of Massachusetts Davis of Mississippi
Ter, Motion, Norris. peace. Phelps. ssward smith spru
ance, Underwood, Upham, Wales, Walker, Webster and
Whcomb-3i
So the motion TO lay on the table was negatved
The question recurring upon the amendment submit
ted by Mr. WEBSTER
Mr.; FOOrE again adressed the Senate las will have
already appeared to those who listened to the debate The
remarks here made have been embodied IN the report OF
those submitted by the gentleman from Mississippi when
first The reporter deems il proper ,s to state that this
Mr.. DOUGLAS. The question, as resolved. IS
decision which shall ranchise the State of Illinois for
two years to come. Gen. SHIELDS having resigned his
seat the seat is vacant Being vacant, apprehend that
the governor of Illinois could make appointment TO ill
the vacancy The question is whether the Senate shall
leave it in that shape, shall insist upon going further
and making further decision that the governor shall
not fill the vacancy, and that the State OF Illinois
shall go unrepresened for two years in this body So
far any view of the constitution is concerned, any
vndicaton against violations preventing any gentleman
from holding seat here in violation of the constitutions
that is already gained by the act OF my colleague in
signing his seat. The seat is vacant. There is no
gentleman holding seat on tbs floor VINO is ., not
go further and decide that what has been
done by the legislature of Illinois was void
when the only effect if not the object OF that de,
cson must be- say that the State shall be DISTINGUISHED
unless she will go to the expense and trouble OF calling
special session OF the legislature for the purpose OF filling
the vacancy. have already said that that legislature
according to the constitution, would not meet IN regular
session until year from next January. session has
Just been closed They have biennial sessions only. Ac-
cong to the previous decisions of this body If you de-
declare the seat vacant the governor can NIL the vacancy
but he cannot FILL vacancy, term which has never
been originally filled; in other words, II senatorial term
expires, and there is no election of successor, that
vacancy not such under the constitution author
ICES the governor fill it, Now sir it is proposed to
say that the act of the legislature of Illinois was void in
There being election. the governor cannot fill by ap
pontment |, SIT, am not prepared to admit that such is
the duty of this Senate under the constitution
showed yesterday that there. were qualifications
requisite to make senators. Two of them - citl-
zenship and age-need not exist until the person
becomes senators but the other must exist at the time
of election to wit: inhabtancy
believe my proposition is right, unless Gen. SHIELDS
had resigned the fourth of March, that he would have
been eligible for disappointment at the next session
The proposition of the senator from Massachusetts, 49,
that the election vod unless, at the time OF the cleo
:on such qualifications existed would render possible
for him to assume the functions of office at the time they
would devolye upon him. According to that proposition
the election not void, because the constitution pro-
vides that this senator shall hold his term six years !;
under the constitution shall be the first Monday in De-
cember. Then, according to the constitution, James
Shields would have been eligible TO seat in this body
at the period fixed by the constitution for Congress to
commence its session. submit then, if being eligible
period fixed by the constitution for the Senate to as
semble that not sufficient to have made his election
II
he might not have been able to act. We should have
the power say that he not eligible at that special
session and why must the Senate, upon point which
they admit be doubtful, go beyond what Is necessary
for the purpose of nctng an injury upon sovereign
State of this Union! What necessity is there for going
furher You have Purged the body, If that was your
object You have indicated the rights OF the Senate
upon the question OF constitutional eligibility You have
done all that your duty required. Why is it now that
you must go further, and say that Illinois shall not be
represented here at all that il is not vacancy, but that
there is election at all and hence, that Illinois must
not be represented here for two years 10 come, unless
it goes to the expense of extra session? do hope,
sir, such decision will be made. do not any
cessity for going further All the objects have now
been accomplished. What more is TO be gained by
going further' The question is now disposed of, this
seat being vacant. What good will it do the Senate to
nic this further injury upon my State, deprived OF
of the SENATOR'S She would like to have another here at
the next session. She cannot without great lnconve
nence and expense have one here Why, ask, shall
this matter proceed, in order to inlet an injury
upon the State and enable persons OF that State to charge
that upon the head of my colleague who has resigned
his seat! cannot any for it, That may not
be the design but the result will be to furnish arguments
against him from this extra expense and extra trouble IN
consequence OF that election. hope the Senate Will
do which will furnish such occasion Tor strife be-
tween one party and another at home. hope it will
do act to throw the weight of lis powerful influence
into the contest there that it will do no act OF injury TO
the State but simply that it will declare, that the
seat vacant-now that the constitution vindicatel
now that your whole duty is perormed--that you will
allow the whole subject to be laid upon the table
Mr.. HALE. will make motion that the further
consideration of this subject be postponed till tomor
row, and | wish to state the reasons for it, sir The
LQueston presents itself to my mind in very differ
ent aspect now from what it did little while