Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1849-03-16

cessarY 10 render person eligible for N elec-
lion.
A message was here received from the presi.
dent oil the United States, by the hand OF Col
llBliss, understood TO communicate several add.
4 tional nominations. ~
4 Mr.Douglass did understand his colleague 10
i say lhathe hopedto obtain testimony inconreai
bic, and that II he failed be should never again
trouble The Senate, unless he came here under
fpew certificate of election.
l. Mr.. Seward held il to be the duty Of the Sena,.
10 meet the question directly and promptly. II
II could moi lie stated that there was probability
OF establishing the &C, OF eligibility, be could 10,
4 consent 10 postponement but II II could be- la
would do so as matter Of courtesy.
4 Mr.. Fooe understood thar Gen. Shields Be.
llieyed that be would have Il 10 his power 10 shov
inaccuracy in the record, in regard TO bis naur.
lization. sv1r 5s
MIR. Webster said the report was plain one,
and but one course was consistent with The dignL
" of the Senale the rights Of Gen. Shields, and
the respect due 10 the Stale and Legislature
and in using the word respect be meant mora
than mere courtesy. He conceived il extraordi.
pary.jhat The colleague oil Gen. Shields should
argue this question as it the lauer desired posi-.
1 ponemen,, when be had expressed no such wish.
Mr.. Douglass replied that the Senator from
Massa chuseells was mistaken. Hi Sdcnrse had
been Influenced solely BY what he deemed bis
duty TO his own Stale. He had taken this coqn.
because. from what he had known OF his col
league for l6 years. he had 90 doubl that lhe pss-
pie OF Illinois believed him TO be eligible.
MIR. Foote remarked thatif he had not had a,
least The passive sanction of Gen Shields be
should have said nothing in favor OF postpone.
meni.
Mr.. Webster took il for granted Ma. if the
Il did ,slo
ment, he did not desire il. Il was clear, from the
| testimony, that he had mol been citizen nine
/ years-his election was therefore void-he was
moi qualified to discharge The functions vi Sem
alor. He bad suggested nothing 10 show thai bis
| father had been naluraIzed during his (Gen. S's)
minority, The course OF the Senate, therefore,
| was as plain as turnpike road Because there
was no opposition from the State, established
nothing
II every citizen Of Illinois were here, and de.
sired it, they could not secure him in his seat.
The question has been raised, and II was the du.
~ OF the Senate TO decide il within reasona
Bile time, that the State OF Illinois may know pre-.
cisey how 10 act. That was the kind OF respect
due 10 her, and he hoped they would lake this
course a, once though he was as ready as any
| man to show courtesy 10 member. And be
| was willing 10 consent TO any explanatory
| amendment of The resolution, declaring merely
that "ihe gentleman from Illinois was not quail
fed to enter upon the duties Of Senator on The
| 4lh Of March" -re.s
Mr.. Hale was opposed to postponement unless
Gen. Shields, or some friend Of his, would sayeI
piciy thai be expects 10 obtain testimony which
will alter the case. Until there was some such
avermenl, 10 vote al once was The plaipesl duly
of the Senate. he did not concur, however, in
remark OF the Senator from New York, tMf. Sc.
ward, that "he had as little respect for This ProVi
sion of the Constitution as any in It," He had
more respect for Il than for almost any other, be.
| cause il vas about the only provision upon which
the heel OF 'aegression had not been placed.
| Mr. Calhoun held nothing 10 be more clear
| than that il Gen. Shields is not now Senator Of
the United States he never can be, under his pre-.
sent certificate of election. The constitution OF
the United States Is clear, that he must be nine
years citizen before he can discharge The func-
lions of the Office. He held Il clear that Gene.
| raj SHIELDS had NOT been nine years chi5en %
the 4lh March, and that be is therefore ineligible
| unles il can be shown thai he was naiuralized by
The naturalization OF his father. Nothing Of that
| kind has been produced here, or before the com.
mi,tee; and it was due to the Stale OF Illinois and
10 Gen. Shields, that the question should be deci.
ded.
| He did not agree fully in what had been said
as 10 The necessity of his having been nine years
| citizen al The time OF his election. According
| 10 his Interpretation of The constitution Il IS only
required that be shall have been nine years ci'
| ,izen on the 4th OF March-at the commence
ment of The present session. And in conclusion,
| he moved 10 amend the resolution OF the commit.
| tee by adding at lis close thereof the words-"al
| the CT commencement of the term for which he was
elected"
Mr.. Shields rose and said, that as his friend
| from Mississippi, (Mr Foole,) had moved The
4 postponement without consulting him, he mus.
now appeal 10 him to Withdraw the motion.
Mr., Foole. with pleasure, al The request OF the
honorable Senator.
Mr.. Shields then rose and rendered his resigna-
ton, 10 relieve The Senate, he said, from all dfi'
| Guilty.
/ Mr. Webster said 1t could mol now be received,
and asked for the vote on Mr.. Cslhoun's amend
ment.
Gen. Cass moved to lay the whole subject on
the liable, and The yeas and nays being ordered,
Il was decided in The negative, Is TO "a.
| Mr. Foote rose and said that the amendment
asserts legal proposition which could mol be
maintained here, or maintained anywhere else
The Senate, after debate, had accorded to Gen.
Shields The seat OF honor; and il will be construed
as an insult 10 Illinois row 10 dispose OF the case
in This way Did Senators wish 10 add disgrace
10 persecuion2-to create prejudice against sn
unfortunate man. To decIsfe that his scat
will be always vacant, was unnecessary. II vas
sufficient TO say that II is noto vacant-that be y
at che present time 'nelig,tl.
Mar. Walker submitted modification Of the
resolution so that !. should read, substantially,
"lhal not having been citizen nine years on the
4lh OF March, ls4a, he is therefore Ineligible
Mr. Douglass was opposed TO any disposition
Of the case 10 the way nov proposed-to saying
10 The Stale oil illinois that she shall be disiran.
chised for The next two years, unless she would
90 10 the trouble and expense OF an extra session.
| II he was permitted 10 resign, then case would
have occurred In which the governor could con-
additionally gil The vacancy.
/ Mr. Hale moved postponement until to-mof.
row, and was 10 favor OF allowing Gen. Shields
| gracefully 10 resign, and not go home with The
| brand of The Senate upon him-wthout being
| forcibly elected. BY pos.ponement till 10 NOR
row, they would be better able 10 determine which
! was The best course.
The debate was then continued al come leneh
by Messra Webster, Douglass Foole, Berien,
Butler, and Underwood; upon the point whether
( the position uf Gen. Shields was such an one as
| 10 authorise Observation-Disclosures his election
was not void, and therefore his seat vacant jus!
as Il would have been had no election taken place
and whether The Governor pf Illinois would
| have the power 10 fllthe vacancy, were General
/ Shields resignation accepted.
Finally, the motion to postpone until to.mof-
row was cauied-24 TO %.
| Mr.. Hale moved thalyhe letter OF resignation
from Gen. Shields be read Objection was made
bur The Vice President decided The motion TO be
in order, and the letter was read accordingly,ss
follows;-
| "SEHArs CaIMBgR, March IA, l649.
"Mr. Presidenl-From the time that my rghllo
seat in this body became subject OF inquiry
and investigation, determined 10 abstain from
entering into contest in relation 10 that right ana
10 submit, unhesIalingIy, TO The action OF Inc
Senate. As there is now a prospect OF debate aua
contest on this resolution, will relieve lbe Sc
nate by rendering my resignation, and fskftins
the matter back TO my constituents. therefore
hereby tender my resignation.
JAMES SHIELos.
Mr.. Hale submitted resolution that the RE
sident Of Senate be requested TO inform The lo:
4 - ,sL NJ lanes